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HomeMy WebLinkAboutItem 10 - Public Hearing to Indroduce an Ordinance rezoning and amending the Specific Plan for 660 Tank Farm & the Airport Area Specific Plan for 3985 Broad St. Department Name: Community Development Cost Center: 4003 For Agenda of: September 15, 2020 Placement: Public Hearing Estimated Time: 60 minutes FROM: Michael Codron, Community Development Director Prepared By: Brandi Cummings, Contract Planner SUBJECT: A PUBLIC HEARING TO INTRODUCE AN ORDINANCE REZONING AND AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE PROPERTY AT 660 TANK FARM ROAD AND AMENDING THE AIRPORT AREA SPECIFIC PLAN DESIGNATION FOR 3985 BROAD STREET; CONSIDERATION OF A GENERAL PLAN AMENDMENT APPROVING DEVELOPMENT OF AN ASSISTED LIVING FACILITY RECOMMENDATION 1. As recommended by the Planning Commission, adopt a Resolution (Attachment A) amending the General Plan for 660 Tank Farm Road from Business Park to Community Commercial and approving: Vesting Tentative Tract Map to create five (5) lots, Major Development Review for the assisted living facility, Creek setback exception, design exception, and adopting the Final Mitigated Negative Declaration of Environmental Review (Attachment H); and 2. Introduce an Ordinance (Attachment B) amending Zoning, and Specific Plan designations 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), 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 designations (C-C-SP-SF). SITE DATA Applicant NKT Development LLC Westmont Development LP Representative Carol Florence, Oasis Associates Zoning Community Commercial with Special Focus Overlay (C-C-SF) Business Park with Airport Area Specific Plan Overlay (BP-SP) Airport Area Specific Plan Conservation Open Space Overlay (C/OS-SP) General Plan Business Park (BP) Community Commercial with Special Focus Overlay (C-C-SF) Conservation Open Space (C/OS-SP) Site Area 10.07 acres Environmental Status An initial study of environmental impacts has been prepared with a recommendation for a Mitigated Negative Declaration. Item 10 Packet Page 102 REPORT-IN-BRIEF The applicant has proposed a two-story, 133,655 square foot assisted living facility (Westmont Living facility) with 139 units. The project site is approximately 10-acres and located at the northwest corner of Broad Street and Tank Farm Road in the Airport Area Specific Plan (AASP). The majority of the site was rezoned to have a Special Focus Overlay when the 2014 Land Use and Circulation Element (LUCE) was adopted. The Special Focus Overlay for the site includes general policy direction that the site will be used as a mixed-use site, provide a strong commercial presence, include appropriate buffers for creek protection, and pay attention to connectivity, safety and comfort of bicycle and pedestrian circulation.1 In response to Planning Commission feedback and direction from the Architectural Review Commission on the original project (Attachment C and E), the project was revised to include features which enhanced the connectivity of the project components, added additional pedestrian connection and circulation around the site, and modified architectural design components. On April 10, 2019, the Planning Commission reviewed the revised project and voted unanimously to recommend the City Council grant final approval of the project (Attachment D) and adopt the associated Mitigated Negative Declaration. The applicant has since revised the development project and is only moving forward with the Westmont Living facility at this time. However, the recommended General Plan Amendment, Specific Plan Amendment, and Rezoning apply to the whole site and enable a new commercial project to be proposed for the corner of Tank Farm and Broad Street. The assisted living and memory care facility remains as originally proposed. As no changes are proposed to Westmont Living facility, that project can proceed with City Council hearing, as this part of the project is still consistent with the previous review of the Architectural Review Commission and Planning Commission. The applicant has indicated that future development proposal on the eastern portion of the project site would include replacing the proposed grocery store use with a medical office and a reduction in the amount of proposed retail/restaurant space. Any future development, on the eastern portion of the project site would be processed as a separate entitlement and will require a separate Architectural Review Commission review and Planning Commission approval. DISCUSSION Project Description The applicant is proposing a five (5) lot subdivision on two (2) parcels with a combined area of approximately 10.07 acres. Lot 1 of Vesting Tentative Tract Map (VTTM) 3115 would include the assisted living facility on 4.79 acres, and Lots 2-5 would support future commercial and office development on 5.28 acres. The proposal is located within the Airport Area Specific Plan (AASP) located at 3985 Broad Street and 660 Tank Farm Road, San Luis Obispo, CA 93401 (APNs: 053-421-003 and -004). The two-parcel, 10±-acre property, contains a single-family residence at 660 Tank Farm Road, while 3985 Broad Street is currently vacant. 1 General Plan Land Use Element Policy 8.13 Broad Street at Tank Farm Road Site Item 10 Packet Page 103 The applicant is requesting a General Plan amendment to change the land use designation of parcel 053-421-004 from Business Park (BP) to Community Commercial (C-C), an Airport Area Specific Plan (AASP) amendment to change the specific plan designation of both parcels from Business Park (BP) to Community Commercial (C-C), and a rezone to change the zoning designation of parcel 053-421-004 from Business Park (BP) to Community Commercial (C-C- SF-SP). These changes would allow for a wide range of retail sales and personal services that serve communitywide needs within the context of distinctive, pedestrian-oriented shopping centers which may accommodate larger scale uses not appropriate in the Downtown Core. The existing Conservation/Open Space (C/OS) designations along the creek corridor along the western property line would remain. The amendments would allow for the development of an assisted living facility and memory care facility (Westmont Living) that would occupy the westerly portion of the project site and would include 139 living units and support/administrative space in a 133,656 square-foot, two-story independent building, serving residents of 60 years in age and older. Westmont Living would be a retirement community that provides a spectrum of living options. Commercial Corner (Broad/Tank Farm) Final approval for proposed development at the corner of Broad and Tank Farm is not being sought at this time. However, the applicant has indicated that a future development project would likely include a commercial center consisting of a medical office and retail/restaurant space. Conceptual site plans show that the proposed medical office would likely be a 45,000 square- foot independent detached building located near the SESLOC property to the north. The medical office would likely house the Dignity Health Comprehensive Cancer Center, an outpatient cancer treatment and education center. The proposed retail/restaurant development may consist of three (3) buildings for retail or restaurant use totaling 15,000 square feet in three (3) independent detached buildings (5,000 square feet each). Figure 1. Rendering of the Westmont Living facility Item 10 Packet Page 104 To facilitate potential future California Environmental Quality Act (CEQA) streamlining when a development project application is submitted for the eastern portion of the project site, the Mitigated Negative Declaration (MND) analyzes the potential environmental effects of possible future development projects that could be allowed by the General Plan amendment, Airport Area Specific Plan Amendment, and rezone, including the conceptual plan for the commercial center, as discussed above. However, this analysis is not conducted on a project-specific level since development plans and details may change. The conceptual site plan for the commercial center is configured with retail/restaurant buildings along the southeastern corner of the site, adjacent to the Tank Farm-Broad Street intersection. The proposed medical office would be located at the northeast corner of the site, across from SESLOC and fronting Broad Street. Parking would primarily be located at the interior of the site, between the commercial center uses and the Westmont Living facility. Additional parking for the Westmont Living facility would be located west of the building, parallel to Orcutt Creek. Project construction would begin with mass grading of the entire project site followed by development of the Westmont Living development. The Westmont Living facility would be phased, with 72 assisted living suites and 28 memory care studio units in the first phase and 39 assisted living suites in the second phase. Any development proposed on the eastern portion of the project would require review and approval for the appropriate entitlements based on the proposed uses of the commercial center and the project’s consistency with the General Plan, Airport Area Specific Plan, zoning regulations, and this environmental document, or subsequent environmental analysis. Proposed uses, building and lot sizes, and associated parking on each lot are shown in Table 1, below. Table 1: Project Statistics Lot Use Lot Size (acres) Building floor area (sf) Building footprint (sf) Vehicle spaces provided Bicycle parking provided Lot 1 Assisted living and memory care 4.79 133,655 77,750 70 6 short-term 5 long-term Lot 2 Retail/ Restaurant1 0.69 5,0001 5,0001 Lot 3 Retail/ Restaurant1 0.98 5,0001 5,0001 Lot 4 Retail/ Restaurant1 0.93 5,0001 5,0001 Lot 5 Medical Office1 2.68 45,0001 17,9921 1) No application for development has been submitted for lots 2 -5. Future development would require additional review and entitlement actions. This statistic represents one possible development scenario for the lo t based on conceptual information from the applicant. Item 10 Packet Page 105 Creek Setback Exception The project is seeking a creek setback exception to encroach into approximately 4,963 square- feet of the setback area for road improvements. To minimize potential impacts to 0.19 acre of seasonal wetland and ephemeral drainage area through project design, the project includes the enhancement of approximately 0.06 acres of wetland along the Orcutt Creek corridor, which would constitute a 3:1 replacement ratio. The enhancement plan provides for the removal of invasive non-native species and planting of native plants in the northwest corner of the site and creek setback areas along Orcutt Creek (see Figure 2 below). Figure 2. Wetland Replacement and Riparian Enhancement Areas (Note: commercial buildings are shown for conceptual purposes only) Item 10 Packet Page 106 The proposed project abuts Orcutt Creek as it extends along the western edge of the property, near the Westmont Living facility. The project proposes a creek setback exception, primarily to allow a uniform extension of the proposed perimeter road to extend along this edge of the property (Figure 3, below). Figure 3 – Creek Setback Exception Areas Adjoining Assisted Living Facility Zoning standards require a 35’ setback from the creek, and for the majority of the site adjoining the creek this minimum setback is provided. There are three (3) areas where the placement of the road infringes on this setback. Two (2) of these areas paralleling the creek, totaling just under 5,000 sf in area, vary between 1’-12’ in depth. The third area would be the crossing of the creek with the bridge access from the Agera Grove development at 650 Tank Farm Road. As noted in Figure 3 above, an area for wetlands enhancement is proposed that can be used in addition to the corridor enhancement areas to offset the loss of area with this creek setback exception. In staff’s analysis, the creek setback exception request can be supported since the encroachment is minor and the project incorporates mitigation and creek restoration. The creek restoration consists of removal of invasive non-native species and replanting with native plantings2. 2 COSE Policy 8.7.2 Enhance and restore open space. B. Establish self-sustaining populations of native species that were historically found in natural habitat areas. 2. To reverse historical trends of creek channelization and modification, re-establish native riparian vegetation. Item 10 Packet Page 107 Airport Area Specific Plan Amendment To be consistent with the LUCE Update in 2014, the proposed amendment to the AASP is to modify the AASP land use designation from Business Park-Specific Plan to Community- Commercial-Specific Plan with Special Focus Overlay (C-C-SF-SP) on the entire project site. The approximately 1.4 acre site at 660 Tank Farm Road at the westerly end of the site adjacent to Orcutt Creek also requires a General Plan Amendment and Rezone to be consistent with the application of the C-C-SF-SP zoning to the whole project site (Figure 4, below, and Attachment B, Exhibit A). The proposed text amendments to the AASP to incorporate the proposed project into the Specific Plan and to reflect the Special Focus Area are appended to Attachment B as Exhibit B. Figure 4. General Plan, Rezone, and Specific Plan Amendment Exhibit Item 10 Packet Page 108 Project Site Plan The proposed site plan provides for needed points of connection to the City’s utilities and circulation systems. The retail/office center and assisted living buildings will have domestic water, recycled water, sewer, and fire services. The proposed street frontage improvements for both Tank Farm Road and Broad Street consist of curb, gutter and sidewalk, and parkways along the project frontages as depicted in the AASP. The proposed Broad Street entry to the project site will require removal of the right-in/right-out entry to the SESLOC property. All roadway improvements reflect the proposed sections noted in the AASP with the exception that the travel lanes on Tank Farm Road are proposed as eleven (11) feet versus twelve (12) feet, which is supported by staff. Constraints associated with a “full width” build-out of this road include: 1) conflicts with the existing drainage facilities at the Mindbody intersection; 2) relocation of the existing traffic signal pole and facilities; and 3) a sixteen (16) foot jog in the west bound through lane at the intersection to otherwise widen to the full width Public Works requirements. Energy The project is subject to requirements of the City’s Energy Reach Code for Non-Residential new construction as either an All-Electric or Mixed-Fuel Building. If an All-Electric Building is proposed, at the time of construction permit application, the applicant will be required to demonstrate compliance with the 2019 California Building Code and Reach Code Solar Requirements. Due to kitchen and meal prep requirements of the facility, it is anticipated that new construction will have to meet requirements for a Mixed-Fuel Building. As a Mixed-Fuel Building, the Reach Code requires that the building meet energy budget use requirements and install a Solar PV system sized to minimum requirements. Site Circulation As noted previously, the project site currently has accommodated off-site circulation goals of the Circulation Element; namely the extension of the Industrial Way-Broad Street roadway through the SESLOC site and continuing to the Mindbody signalized intersection at Tank Farm Road, and the potential connection to the secondary access to the project at 650 Tank Farm Road – also exiting on this perimeter road connection. Access to this perimeter road will be provided on the Westmont Living facility property to the 650 Tank Farm Road project site to the west via a bridge crossing on Orcutt Creek. This bridge will be designed and installed consistent with the conditions, mitigation measures, and requirements of the project at 650 Tank Farm Road. As noted above, the project would provide an easement to the 650 Tank Farm Road site for the future construction of a bridge over Orcutt Creak, which would allow for connection of pedestrian and bicycle facilities between the project site and the 650 Tank Farm Road project. The 650 Tank Farm Road project includes a pedestrian path along Acacia Creek that would connect to the Damon-Garcia Sports Complex, consistent with the AASP circulation plan. Item 10 Packet Page 109 The project is conditioned to provide several bicycle infrastructure improvements, including the installation of bike racks near building entrances and pathway lighting along the through access roadway/bikeway from the northern property boundary to Tank Farm Road. Pedestrian access would be provided to the site from existing sidewalks along Broad Street and Tank Farm Road, and the project would construction internal pedestrian access between the project site and the SESLOC property. The project would also be required to provide easements and construct a bus turnout south of the Broad Street ingress/egress, which would encourage non -vehicle transportation. The project contributes to the Circulation Element’s goals of reducing vehicle use by supporting alternative modes of transportation such as walking and bicycling, and the development of a circulation system that balances needs of all circulation modes. The project is consistent with General Plan Policies 2.2.4 and 2.2.5, which discus site connectivity with the surrounding neighborhood, as the project would provide pedestrian and bicycle connections to the nearby employment centers at Mindbody and along the Broad Street corridor, and to retail services at the Marigold Shopping Center. San Luis Obispo County Airport Land Use Plan (ALUP) Consistency On August 15, 2018, and again on September 19, 2018, the Airport Land Use Commission (ALUC) considered a referral of this project from the City. On September 19, 2018, the ALUC found the Westmont Living facility and commercial center project, including amendments to the City’s AASP, were consistent with the County’s ALUP based on a series of findings and conditions (Attachment F). Future development on the eastern portion of the project site would require a consistency finding with the ALUP and could result in additional conditions from the ALUC. Architectural Review Commission The ARC reviewed the Westmont Living facility on October 15, 2018. During their review the ARC provided direction on a number of building and site design issues. The applicant has responded to ARC comments and (Attachment E, ARC Response) included more articulation to the pedestrian paths of travel, expand variety and landscape treatments along project frontages, particularly Tank Farm Road, modified building designs to simplify materials and roof forms, use of canopies and arcades to tie the walkways together and avoid white and mustard color treatments, preferring a more subdued color theme. With these comments the ARC recommended the Planning Commission find the project consistent with AASP and Community Design Guideline standards for development in this area. Planning Commission In response to previous Planning Commission conceptual review feedback provided on June 13, 20183and direction from the Architectural Review Commission on the original project (Attachment C and E), the project was revised to include features which enhanced the connectivity of the project components, added additional pedestrian connection and circulation around the site, and modified architectural design components. 3 The Planning Commission’s conceptual policy review of the project was to consider the Special Focus Area policies and provide any direction to staff and the applicant prior to formal review of project entitlements. Item 10 Packet Page 110 On April 10, 2019, the Planning Commission reviewed the revised project and considered all of the project entitlement components including the General Plan Amendments, Rezone, Specific Plan Amendments, Subdivision, Creek Setback Exception, Architectural review, and associated environmental review Initial Study-Mitigated Negative Declaration (IS-MND). The Planning Commission unanimously voted to recommend the City Council grant final approval of the project (Attachment D) and all associated entitlements and adopt the associated Mitigated Negative Declaration. Previous City Council Review The City Council previously reviewed the project on May 7, 2019. The item was continued with Council feedback on four main items including solar panels for the assisted living facility, electric vehicle charging code compliance, inclusion of green waste disposal (composting), and inclusion of the transit easement condition along Broad Street. The Council also noted concerns that the bicycle facilities need to be integrated and functional. At the time the Council heard the item previously, the Reach Code was still in development and the 2019 Building Code had not yet taken effect. As discussed in the Energy Section above, the Reach Code now applies to the project and it is anticipated the applicant will have to incorporate substantial energy efficiency including solar panels to be in compliance with this code. The current application is also subject to all current Electric Vehicle (EV) parking requirements. The project will be required to provide at least 10% EV ready spaces and 25% EV capable4 spaces per current Zoning Regulations. At the May 7, 2019 meeting the applicant previously committed to implementing composting measures for the assisted living facility and a code requirement in the resolution notes the requirement to comply with organic waste recycling requirements. As discussed in the Site Circulation discussion above, the project is consistent with requirements for bicycle and pedestrian facilities and the project will construct a bus turnout along with frontage improvements adjacent to the existing SESLOC driveway to be removed on Broad Street. Parking - Westmont Living Facility The applicant has included the following parking calculation for the assisting living using the continuing care community use, which staff has verified is consistent with and exceeds requirements of the Zoning Regulations. Table 2: Westmont Living Facility Parking 4 EV Ready spaces are equipped with full electric vehicle charging equipment and EV Capable spaces are served by an empty raceway to supply power for future EV charging stations at any given time. Item 10 Packet Page 111 Environmental Review An initial study has been prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental effects of the proposed project. A Mitigated Negative Declaration (MND) is recommended for adoption (see Attachment H). Mitigation measures in the areas of Air Quality, Biological, Cultural Resources/Tribal Cultural Resources, Greenhouse Gas, Noise, and Transportation, are recommended to reduce potential impacts to less than significant levels. The Draft IS/MND was released for the 30-day public review period on August 6, 2020 and the public review period will conclude on September 6, 2020. Comments received on the Draft IS/MND were incorporated as appropriate into the Final IS/MND. The Final IS/MND is available at the following website: http://www.slocity.org/government/department- directory/community-development/documents-online/environmental-review-documents Policy Context The project is consistent with several community goals, policies and programs for the development that relate to the project site including Special Focus Area policies, Neighborhood Connections, Mixed-use Developments and Convenience, and Neighborhood Compatibility. Attachment G provides the full consistency General Plan and Specific Plan analysis narrative. Public Engagement Consistent with the City’s Public Engagement and Noticing (PEN) Manual, the project was noticed per the City’s notification requirements for Development Projects. A newspaper legal advertisement was posted in the Tribune 30 and 13 days prior to the Planning Commission meeting for the notification of environmental determination and review of the project respectively. A legal advertisement was posted in the New Times 13 days prior to the City Council meeting. Additionally, postcards were sent to both tenants and owners of properties located within 300 feet of the project site 10 days before each advisory body hearing. Public comment on the project and the associated environmental document was provided to the advisory bodies through written correspondence and through public testimony at each of the hearings. CONCURRENCE The project has been reviewed by various City departments and divisions including: Planning, Engineering, Transportation, Building, Utilities, and Fire. Comments have been incorporated into the presented evaluation and conditions of approval. CONSISTENCY COVID-19 ORDERS AND CURRENT FISCAL CONTINGENCY PLAN The activity is presently allowed under the State and Local emergency orders associated with COVID-19. This project and associated staff work will be reimbursed directly or indirectly through fees and therefore is consistent with the guidance of the City’s Fiscal Health Contingency Plan. Item 10 Packet Page 112 FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall, the General Plan was fiscally balanced. The new assisted living use and future commercial uses would be expected to increase property tax and sale tax revenues for the City while also increasing municipal service costs. An overall positive fiscal impact to the City is anticipated. With respect to the cost of processing the application and the associated IS/MND, these have been the responsibility of the applicant, and hence these actions do not have an impact on City finances. 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. Attachments: a - Draft Resolution b - Draft Ordinance b - Exhibit A to Draft Ordinance c - COUNCIL READING FILE - Applicant Narrative, PC Minutes, and ARC Minutes d - Planning Commission Resolution No. PC1002-2019 e - Oasis Associates Response to ARC Review f - ALUC Consistency Findings and Conditions g - General Plan and Specific Plan Consistency Analysis h - COUNCIL READING FILE - Project Plans i - COUNCIL READING FILE - Initial Study and Mitigated Negative Declaration Item 10 Packet Page 113 R _______ RESOLUTION NO. ______ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE GENERAL PLAN AMENDMENT FOR 660 TANK FARM ROAD, VESTING TENTATIVE TRACT MAP, CREEK SETBACK EXCEPTION, AND MAJOR DEVELOPMENT REVIEW APPROVING DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 15, 2020 (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, Creek setback exception, and Architectural review to allow a 133,656 square foot assisted living facility including 139 living units and support services; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on September 15, 2020 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, State Planning Law allows any mandatory element of the General Plan to be amended as many as four times in a calendar year and no amendments to the Land Use Element have occurred this calendar year; 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) that includes a Specific Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and Architectural review to allow development of an assisted living facility up to 133,656 square feet in size including 139 living units and support services based on the following findings: Item 10 Packet Page 114 Resolution No. _____ (2020 Series) Page 2 R ______ General Plan Amendment, Rezone, and Airport Area Specific Plan Amendment 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 amendments are consistent with policy objectives of the Broad Street and Tank Farm Road Special Focus area since it would allow for 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 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; 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 Westmont Living Facility 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. Item 10 Packet Page 115 Resolution No. _____ (2020 Series) Page 3 R ______ 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 Zone with Specific Plan and Special Focus Overlay (C -C -SP-SF). 2. As conditioned, the design of the Vesting Tentative Tract Map 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 Initial Study-Mitigated Negative Declaration (IS-MND). 5. The development provides a public benefit because it provides an assisted living facility not otherwise available in the immediate area and would allow for a mix of future commercial and office uses, it is located along a major transit, bike, and pedestrian corridor, and is in close proximity to workplaces and services. 6. The proposed design exception to allow 11’ travel lanes on Tank Farm Road respond to existing constraints and are 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. 7. The proposed creek setback exception will permit an appropriate buffer to be established along the area of the creek-way, will account for the irregular configuration of the subject property in this area, includes creek habitat restoration, and 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. SECTION 2. California Environmental Quality Act (CEQA), Findings, Mitigation Measures, and Mitigation Monitoring Program. The City Council hereby adopts the Final Initial Study-Mitigated Negative Declaration (IS-MND, SCH #2019049030), finding it adequately identifies the projects potential impacts with incorporation of the following mitigation measures and monitoring programs: Item 10 Packet Page 116 Resolution No. _____ (2020 Series) Page 4 R ______ Air Quality 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 nontaxed 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 not permitted;7 • Staging and queuing areas shall not be located within 500 feet of sensitive receptors;6 • Equipment shall be electrified when feasible; • 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. Monitoring Program: These measures shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-3 The project would result in ROG and NOx operational emissions that exceed the SLOAPCD threshold of 25 lbs/day. Prior to issuance of construction permits, the applicant shall identify at least 8 mitigation measures from Table 3-5 of the SLOAPCD CEQA Air Quality Handbook to incorporate into the project. Prior to occupancy, final inspection, or establishment of the use, whichever occurs first, the project shall demonstrate that it has implemented such measures. If the project obtains a GreenPoint rating or is LEED certified, the applicant shall only need to implement 6 mitigation measures from Table 3-5 of the SLOAPCD CEQA Air Quality Handbook. Item 10 Packet Page 117 Resolution No. _____ (2020 Series) Page 5 R ______ Monitoring Program: These measures shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified prior to occupancy or final inspection by the City, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-4 This project is greater than 4 acres and within 1,000 feet of sensitive receptors (residential units). Construction activities can generate fugitive dust, which could be a nuisance to residents and businesses in close proximity to the proposed construction site. Projects with grading areas that are greater than 4-acres or are within 1,000 feet of any sensitive receptor shall implement the following measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder should consider the use of an APCD- approved dust suppressant where feasible to reduce the amount of water used for dust control. Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants: Products Available for Controlling Dust; c. All dirt stock pile areas should be sprayed daily and covered with tarps or other dust barriers as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code (CVC) Section 23114; Item 10 Packet Page 118 Resolution No. _____ (2020 Series) Page 6 R ______ j. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track-out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘trackout prevention device’ can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the trackout prevention device may need to be modified; k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible; l. All PM10 mitigation measures required should be shown on grading and building plans; and m. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim Fuhs at 805- 781- 5912). Monitoring Program: These measures shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-5 The applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and SLOAPCD requirements. This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb asbestos containing materials (ACM), the applicant must file an Asbestos ATCM exemption request with the SLOAPCD. Monitoring Program: This applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos prior to issuance of grading permits or prior to any site disturbance or grading activities. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. Item 10 Packet Page 119 Resolution No. _____ (2020 Series) Page 7 R ______ AQ-6 If asbestos containing materials (ACM) are determined to be present onsite, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP). These requirements include, but are not limited to, the following: 1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; 2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and, 3. Implementation of applicable removal and disposal protocol and requirements for identified ACM. Monitoring Program: If asbestos containing materials (ACM) are determined to be present onsite, this measure shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-7 The applicant shall implement the following measures to reduce the risk associated with disturbance of ACM and lead-coated materials that may be present within the existing structure onsite: a. Demolition of the on-site structure shall comply with the procedures required by the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos) for the control of asbestos emissions during demolition activities. SLOAPCD is the delegated authority by the U.S. EPA to implement the Federal Asbestos NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be notified, per NESHAP requirements. The project applicant shall submit proof that SLOAPCD has been notified prior to demolition activities to the City Community Development Department. b. If during the demolition of the existing structure, paint is separated from the construction materials (e.g., chemically or physically), the paint waste shall be evaluated independently from the building material by a qualified hazardous materials inspector to determine its proper management. All hazardous materials shall be handled and disposed of in accordance with local, state, and federal regulations. According to the Department of Toxic Substances Control (DTSC), if the paint is not removed from the building material during demolition (and is not chipping or peeling), the material can be disposed of as non-hazardous construction debris. The landfill operator shall be contacted prior to disposal of lead-based paint materials. If required, all lead work plans shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The applicant shall submit proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department. Item 10 Packet Page 120 Resolution No. _____ (2020 Series) Page 8 R ______ Monitoring Program: This measure shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. Biological Resources 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 nesting bird season (February 1st to August 31st), then preconstruction nesting bird surveys shall be required within one week prior to construction activities 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 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. Monitoring Program: This measure shall be noted on all grading and construction plans. In the event vegetation removal and site disturbance are planning for the bird nesting season, the applicant shall provide evidence that a qualified biologist has been retained to complete nesting bird surveys, prior to any site disturbance or grading. The preconstruction surveys shall occur within one week prior to construction activities. A report shall be submitted by the biologist to the City Community Development Department and Natural Resources Manager within 48 hours of completion of surveys. In the event that active nests are found, no work shall commence in the nest buffer zone until the qualified biologist has provided clearance to commence work. Such clearance shall be provided to the City Community Development Department and Natural Resources Manager within 24 hours of such determination. The City Community Development Department and Natural Resources Manager shall verify compliance. BIO-2. Clean Water Act Permitting. The applicant shall obtain Clean Water Act (CWA) regulatory compliance in the form of a permit from the U.S. Army Corps of Engineers (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 Item 10 Packet Page 121 Resolution No. _____ (2020 Series) Page 9 R ______ 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 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. Monitoring Program: The applicant shall obtain a permit from the Corps prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. 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 CDFW. The CDFW 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, CDFW 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. Monitoring Program: The applicant shall provide evidence of compliance prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. The City Community Development Department and Natural Resources Manager shall verify compliance. BIO-4. Wetland Replacement and Riparian Enhancement Plan. The applicant shall retain a qualified biologist to prepare a wetland replacement and riparian enhancement plan. The plan shall provide for a minimum of 3:1 mitigation area for the wetland area to be impacted and shall be designed to the satisfaction of the Corps, RWQCB, and CDFW. The plantings for the riparian enhancement area shall include native species and shall be placed in a manner to ensure their success. The plan shall include a cost estimate for the implementation of the plantings. The applicant shall implement the wetland replacement and riparian enhancement plan within 60 days of completion of grading and site disturbance activities. Monitoring Program: The applicant shall submit the plan prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. The plan shall be implemented within 60 days of completion of grading and site disturbance activities. The City Community Development Department and Natural Resources Manager shall verify compliance. Item 10 Packet Page 122 Resolution No. _____ (2020 Series) Page 10 R ______ BIO-5. Wetland Replacement and Riparian Enhancement Plan Monitorin g. The applicant shall retain a qualified biologist or landscape architect for the purpose of monitoring the success of the mitigation planting area. The monitoring contract shall include a requirement that the monitor conduct, at a minimum, an annual site visit and assessment of the planting success for 10 years and an annual submittal of a monitoring report to the City Community Development Department and Natural Resources Manager. The applicant shall also post a bond for the cost of implementing the mitigation planting. If the monitoring demonstrates that the plan has been successfully implemented, the bond shall be returned. If the monitoring demonstrates that the plan has not been successfully implemented, the applicant shall submit a revised plan for review and approval. If the revised plan successfully implemented after two years, the City Community Development Department and Natural Resources Manager shall use the bond to hire a licensed landscape architect to implement and maintain the revised plan. Monitoring Program: The applicant shall provide evidence that a qualified biologist or landscape architect has been retained for the purpose of monitoring the mitigation planting area, and bond shall be posted, prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. The City Community Development Department and Natural Resources Manager shall verify compliance. Cultural Resources 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, construction activities shall cease, and the City Community Development Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified specialist (paleontologist, historian, archaeologist) and disposition of artifacts may be accomplished in accordance with state and federal law. After the find has been appropriately mitigated, work in the area may resume. A Native American tribal 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 unearthed, the applicant shall notify the City Community Development Department and shall comply with State Health and Safety Code Section 7050.5, which requires that no further disturbance shall occur until the County of San Luis Obispo Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission within 24 hours, which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Item 10 Packet Page 123 Resolution No. _____ (2020 Series) Page 11 R ______ Monitoring Program: These conditions shall be noted on all grading and construction plans. The City Community Development Department shall verify compliance, including preparation and implementation of the Monitoring Plan, and review and approval of cultural resources monitoring reports documenting compliance with required mitigation measures. Greenhouse Gasses GHG-1 Monterey Bay Community Power. Prior to final inspection, occupancy, or establishment of the use, the applicant shall demonstrate that the subject use has made an operational commitment to participate in Monterey Bay Community Power. Any rental or lease agreement for individual tenant spaces shall include a requirement that the tenant continue participation in Monterey Bay Community Power. This participation shall continue until PG&E or another electric provider provides 100 percent carbon-free electricity, at which point the applicant or tenant may elect to switch services to such a provider. Monitoring Program: Compliance shall be verified by the City prior to final inspection or occupancy. Noise N-1 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, and for future construction activity associated with development on the eastern portion of the project site that exceeds 60 dBA at the property line with the Westmont Living facility, 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. • 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. Item 10 Packet Page 124 Resolution No. _____ (2020 Series) Page 12 R ______ In the event the residential uses at the mobile home park site have been removed (i.e. the site is under construction), and/or if the Westmont Living facility is not occupied or operational during future construction of the eastern portion of the project site, then construction equipment noise attenuation techniques do not need to be implemented. N-2 Neighboring Property Owner Notification and Construction Noise Complaints. The contractor shall inform the property owner and current tenants of the mobile home park to the west of the project site, prior to initiation of any construction activities, of the proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. In the event the residential uses at the mobile home park site have been removed (i.e. the site is under construction), notification is not required. If the Westmont Living facility is occupied or operational prior to construction of future uses on the project site, the contractor shall inform the property owner and current tenants of the facility of the 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 prior to issuance of grading permits or initiation of site disturbance. Signs identifying the noise complaint procedures shall be in place before the beginning of and throughout grading and construction activities. Noise- related complaints shall be directed to the City’s Community Development Department. Monitoring Program: Construction plans shall note construction hours, truck routes, and construction Best Management Practices (BMPs) and shall be submitted to th e 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. 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 TR-1 Tank Farm Road from Broad through Project Site to Mindbody intersection . The applicant shall widen Tank Farm Road along the project frontage to provide two westbound motor vehicle through lanes, bike lanes, landscaped parkway and sidewalk. The ultimate street cross section shall be in substantial conformance with the typical cross section identified for the parkway arterial designation in the Airport Area Specific Plan, with final geometric design elements to be approved to the satisfaction of the Public Works Director. Item 10 Packet Page 125 Resolution No. _____ (2020 Series) Page 13 R ______ Monitoring Program: This improvement shall be incorporated into project improvement plans for review and approval by the City Community Development and Public Works Departments. The improvement shall be installed prior to occupancy/final inspection or establishment of any use on the site. Compliance shall be verified by the City Community Development and Public Works Departments prior to approval of grading plans and prior to issuance of occupancy certificate or approval of final inspections. TR-2 Internal intersection with SESLOC property. The applicant shall install a single-lane roundabout at the internal site intersection of the Mindbody Road extension adjacent to SESLOC on the north property line to encourage smooth traffic flow between the sites. The City Transportation Department Division may approve an alternative intersection control type, such as all-way stop control, if a roundabout is found to be geometrically infeasible at this location. TR-3 Existing SESLOC driveway. The applicant shall remove the existing right-in/right-out driveway on Broad Street upon completion of the new Broad Street driveway constructed as part of this project. The applicant shall ensure adequate access is maintained to the SESLOC property during project construction. Monitoring Program: This improvement shall be incorporated into project improvement plans for review and approval by the City Community Development and Public Works Departments. The improvement shall be installed prior to occupancy/final inspection or establishment of any use on the site. Compliance shall be verified by the City Community Development and Public Works Departments prior to approval of grading plans and prior to issuance of occupancy certificate or approval of final inspections. TR-4 Tank Farm Road from Old Windmill Lane to Santa Fe Road. The project shall make a fair share contribution of the cost of widening Tank Farm Road to four lanes between Santa Fe Road and Old Windmill Lane. TR-5 Broad Street/Industrial Way. The project shall make fair share project contributions to convert the east and west approaches from split phasing to permissive phasing and restriping both approaches to provide dedicated left turn lanes and shared through/right turn lanes. TR-6 Fair Share Contributions. The project applicant shall pay Citywide Traffic Impact Fees to satisfy fair share mitigation obligations towards the following future transportation improvements: • Tank Farm Road/Higuera Street: Installation of a second southbound left turn lane. • Tank Farm Road/Santa Fe Road: Installation of a multi-lane roundabout. • Broad Street/Tank Farm Road: Installation of a dedicated northbound right turn lane, addition of a second southbound left turn lane, conversion of the westbound right turn lane to a shared through/right lane and establish time-of-day timing plans. Item 10 Packet Page 126 Resolution No. _____ (2020 Series) Page 14 R ______ Monitoring Program: The applicant shall pay their fair-share contribution for improvements to the intersections prior to issuance of construction permits for any structure. Compliance shall be verified by the City Community Development Department prior to issuance of any construction permits. SECTION 3 . Action. The City Council hereby approves the proposed project (SPEC- 1482-2018, SBVD-1483-2018, ARCH-1486-2018) that includes a Specific Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and Architectural review to the development of up to 133,656 square feet of assisted living facility including 139 living units and support services, 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. 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. 3. 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. 4. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will provide adequate screening. A line-of-sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 5. 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. Item 10 Packet Page 127 Resolution No. _____ (2020 Series) Page 15 R ______ 6. 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 Utili ties 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. 7. Inclusionary Housing. Prior to issuance of building permits, inclusionary in-lieu fees of 5% of building evaluation shall be paid. 8. 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; 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. 9. For the life of the project, the project shall comply with the San Luis Obispo Air Pollution Control District regulations, including, but not limited to: • Rule 501 – developmental burning • Rule 504 – residential wood combustion • Portable generators and equipment with engines that are 50 horsepower or greater require a permit to operate and may require a health risk assessment. Item 10 Packet Page 128 Resolution No. _____ (2020 Series) Page 16 R ______ Code Requirement: 10. REACH CODE COMPLIANCE BUILDING PERMIT SUBMITTAL REQUIREMENTS: Energy Modeling Report: The project shall submit the final Energy Modeling Report in the permit plans demonstrating compliance with both the statewide energy code plus the local energy requirements using either Option 1 or Option 2 below. Option 1. An All-Electric Building complies with the performance standards if both the Total Energy Design Rating and the Energy Efficiency Design Rating for the Proposed Building are no greater than the corresponding Energy Design Ratings for the Standard Design Building. Option 2. A Mixed-Fuel Building complies with the performance standards if the energy budget calculated for the Proposed Design Building has a compliance margin, relative to the energy budget calculate for the Standard Design Building, of at least the value specified for the corresponding occupancy type in Table 140.1-A below. Table 140.1-A MIXED FUEL BUILDING COMPLIANCE MARGINS Occupancy Type Compliance Margin Office / Retail 15% Hotel/motel and High-rise residential 9% All other occupancies in buildings with both indoor lighting and mechanical systems 5% All other occupancies in buildings with indoor lighting or mechanical systems but not both 5% Clean Energy Choice Program Building Permit Certificate of Compliance: The project shall include a completed and signed Clean Energy Choice Program Building Permit Certificate of Compliance with the energy compliance documentation. The completed Certificate must be included as an additional submittal on the plan sheets containing the Title 24 Report. Visit the Clean Energy Choice Program Compliance Webpage to download the certificate: (www.slocity.org/energyreachcode). FINAL INSPECTION REQUIREMENTS Clean Energy Choice Program Building Final Inspection Certificate of Compliance: During the Building Final Inspection, the project team shall deliver a completed and signed Clean Energy Choice Program Building Final Inspection Certificate of Compliance. If re- design occurs on the project, the applicant must resubmit the energy compliance model for review and it must still show compliance with local and state energy standards. Item 10 Packet Page 129 Resolution No. _____ (2020 Series) Page 17 R ______ Engineering Division – Public Works/Community Development Department 11. 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, pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior map recordation. Said easements may be provided for in part or in total as blanket easements. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. Item 10 Packet Page 130 Resolution No. _____ (2020 Series) Page 18 R ______ 19. 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. 20. Unless specifically approved by the City, all public and private subdivision improvements 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. 21. Unless phased or interim improvements are approved by the City, all pertinent public and private subdivision improvements shall be completed prior to building occupancy. 22. 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. 23. 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. 24. 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; Item 10 Packet Page 131 Resolution No. _____ (2020 Series) Page 19 R ______ 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; 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. All mitigation measures (MM) specific to Transportation requirements shall be provided as detailed under this Resolution to the satisfaction of the City Engineer. Item 10 Packet Page 132 Resolution No. _____ (2020 Series) Page 20 R ______ 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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. Item 10 Packet Page 133 Resolution No. _____ (2020 Series) Page 21 R ______ 38. 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. 39. 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. 40. 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. 41. 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 existi ng 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 42. The project shall pay all required transportation impact fees, including participation in the Citywide Transportation Impact Fee Program and the County’s Highway 227 Impact Fee Program, and fair share mitigation contributions as indicated in the traffic impact study, dated July 2020, and project environmental documents before any building permits are issued. 43. The following required public improvements shall be completed by the property owner prior to issuance of any occupancy permits: • Restripe 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. As part of Broad Street striping modifications, install buffered bike lanes along Broad Street between Industrial and Tank Farm to the satisfaction of the Public Works Director. A portion of these costs may be eligible for Citywide Transportation Impact Fee credits. • Reconstruct the Broad Street project frontage to current City Engineering Standards. Frontage improvements shall include installation of curb and gutter, a sidewalk -level Class IV bike lane (protected bike lane) with an entry ramp from the street level, and a pedestrian sidewalk. Item 10 Packet Page 134 Resolution No. _____ (2020 Series) Page 22 R ______ • Reconstruct the Tank Farm Road project frontage to current City Engineering Standards. Frontage improvements shall widen the northern side of Tank Farm Road to a cross section that substantially conforms with the ultimate section identified in the Airport Area Specific Plan to the satisfaction of the Public Works Director. Frontage improvements shall include widening to provide a continuous second westbound auto lane, installation of curb and gutter, a landscaped parkway at the back of curb, sidewalk- level Class IV bike lane, pedestrian sidewalk and driveway/intersection transitions. Depending on timing of related frontage improvements with development of the adjacent property at 650 Tank Farm Road, interim roadway striping and geometric transitions may be approved to the satisfaction of the Public Works Director. • Construct protected bicycle intersection features at the northwest corner of the Broad/Tank Farm intersection to improve bicycle and pedestrian accessibility and crossing safety. Designs shall be consistent with best practice design guidance published by the Federal Highway Administration (FHWA), Caltrans, and the National Association of City Transportation Officials (NACTO). Improvements may require traffic signal modifications. A portion of these costs may be eligible for Citywide Transportation Impact Fee credits. • Abandon SESLOC driveway to the north of the project site and reconstruct sidewalk, parkway and gutter to City Standards. • The median on Tank Farm along the project frontage and at the west leg of the Tank Farm/Mindbody intersection shall be reconstructed in concrete, per City Engineering Standards to the satisfaction of the Public Works Director. • 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. If the applicant proposes a driveway design that does not include a raised center median on Broad Street to physically restrict left-turns exiting the project site, the project applicant shall be required to provide the following: a. Fund the costs of preparing a traffic engineering study to be performed a 6 and 12 months following project occupancy by a qualified professional to be selected from the City’s traffic engineering on-call consultant list. The traffic study shall review collision history and site observations at the new driveway to determine if unsafe driver behavior warrants addition of a center median to more effectively eliminate left-turns exiting the site. b. Prior to issuance of occupancy permits, the project applicant would be required to provide a bond to cover the incremental cost needed to install a raised center median on Broad Street if the findings of the traffic engineering study indicates that further access controls are warranted. Bonds would be released if the six- and 12-month traffic studies conclude that no further improvements are required. • Complete traffic signal modifications and other intersection improvements at the Tank Farm / Mindbody intersection to the satisfaction of the Public Works Director. Required traffic signal improvements include modifications to signal poles, signal heads, cables, pedestrian signals and push buttons, controller programing, cabinet equipment, video detection, battery backups and all other necessary equipment for the traffic signal to function in its intended purpose per Caltrans and City of San Luis Obispo Standard Specifications. Intersection improvements include installation of a dedicated eastbound left turn pocket (with median), a westbound right-turn pocket, ADA curb ramps on the Item 10 Packet Page 135 Resolution No. _____ (2020 Series) Page 23 R ______ northern corners, pedestrian and bicycle crossing treatments at the north leg of the intersection, and construction of the new on-site roadway serving as the north leg of the intersection. 44. If the Tank Farm/Mindbody intersection and traffic signal improvements are constructed earlier by others prior to development of the proposed Project, the applicant shall be responsible for a fair share contribution towards 50 percent of these costs via a private reimbursement agreement or other mechanism to the satisfaction of the Community Development Director. 45. 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. 46. The project shall make efforts to encourage bicycle and transit users. To this end, the project shall include the following: • Transit – The project applicant shall construct a bus turnout per City Engineering Standard 4920 along Broad Street immediately north of the new ingress/egress driveway. Transit stop amenities (i.e. flag sign, bench, shelter) shall be provided to the satisfaction of the City Transit Manager. • 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 47. 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. 48. Revisions to the existing sewer and water infrastructure, that may result from the proposed land use modifications, shall be completed to the satisfaction of the Utilities Director to minimize impacts to operations and maintenance of the services. 49. 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. 50. 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. Item 10 Packet Page 136 Resolution No. _____ (2020 Series) Page 24 R ______ 51. Any private sewer services that cross one parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. The proposed project shall include a private sewer lateral, no force main, connecting near the west boundary of the project along Tank Farm Road, and must be of enough depth to reach the northwest corner of the adjacent parcel to the north (APN 053-231-050), and to the satisfaction of the Utilities Engineer. 52. 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. 53. 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 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. 54. 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 and is to the satisfaction of the Utilities Engineer. 55. Separate water and recycled water meters shall be provided for each new parcel in an area accessible by the City. 56. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to issuance of a Building Permit. 57. 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. 58. 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. 59. Water flow rates and flow velocities shall comply with the minimum requirements of the 2016 Potable Water Distribution System Operations Master Plan. Item 10 Packet Page 137 Resolution No. _____ (2020 Series) Page 25 R ______ 60. 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. 61. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall not exceed the project’s maximum applied water allowance (MAWA). Information shall be submitted during the Building Permit Review Process for review and approval by the Utilities Department prior to issuance of a Building Permit to support required water demand of the project’s proposed landscaping. 62. A trash enclosure capable of storing the required bins for waste, recycling, and organics shall be provided. 63. Commercial and residential refuse services shall be separate unless a letter of agreement between the tenants and a Conditional Exception Application from the City’s Development Standards for Solid Waste Services are provided to the City with the building permit submittal. Code Requirements: 64. 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. 65. At Building Permit submittal, a plan demonstrating adequate capacity for the depositing, storage, and collection of non-hazardous, trash, recycling, and organic waste shall be submitted for review and approved by the Utilities Engineer prior to permit issuance. The plan shall demonstrate compliance with Public Resources Code sections 42649.8-42649.87 on the recycling of organic waste. “Organic waste” includes both yard and food waste. Recycling and organics containers must be placed adjacent to trash, and must be visible, accessible, and clearly marked. Trash enclosure storage capacity must be sufficient for intent of use, and a letter confirming a waste service arrangement with the franchised hauling company (San Luis Garbage Co.) is required. The following weblink can be used as a resource to calculate approximate waste generation: https://www2.calrecycle.ca.gov/WasteCharacterization/BusinessGroupCalculator Item 10 Packet Page 138 Resolution No. _____ (2020 Series) Page 26 R ______ 66. Projects having landscape areas greater than 500 square feet shall provide a Maximum Applied Water Allowance calculation as required by the Water Efficient Landscape Standards; Chapter 17.87 of the City’s Municipal Code. Upon motion of Council Member_______________, seconded by Council Member ________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this _____ day of ____________ 2020 ____________________________________ 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, on _____________________. ____________________________________ Teresa Purrington City Clerk Item 10 Packet Page 139 O _____ ORDINANCE NO. ______ (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REZONING AND AMENDING THE SPECIFIC PLAN DESIGNATION FOR THE PROPERTY AT 660 TANK FARM ROAD FROM BUSINESS PARK WITH SPECIFIC PLAN OVERLAY (BP- SP) TO COMMUNITY COMMERCIAL WITH SPECIFIC PLAN AND SPECIAL FOCUS OVERLAY (CC-SP-SF) AND AMENDING THE AIRPORT AREA SPECIFIC PLAN DESIGNATION FOR 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 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, 2019, 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 September 15, 2020 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 September 15, 2020; 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 ORDAINED , by the City Council of the City of San Luis Obispo as follows: Item 10 Packet Page 140 Ordinance No. _____ (2020 Series) Page 2 O _____ 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 September 15, 2020, pursuant to Resolution No. ______ (2020 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 September_____, 2020. 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 would allow for 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; 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 September 15, 2020 staff report to the City Council for this project. Item 10 Packet Page 141 Ordinance No. _____ (2020 Series) Page 3 O _____ 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. 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. Item 10 Packet Page 142 Ordinance No. _____ (2020 Series) Page 4 O _____ INTRODUCED on the ______ day of _________ 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on ____ day of __________, 2020, on the following vote: AYES: NOES: ABSENT: ______________________________ Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk 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, on _________________. Teresa Purrington Item 10 Packet Page 143 Ordinance No. _____ (2020 Series) Page 5 O _____ Item 10 Packet Page 144 Ordinance No. _____ (2020 Series) Page 6 O _____ Item 10 Packet Page 145 Ordinance No. _____ (2020 Series) Page 7 O _____ Item 10 Packet Page 146 Ordinance No. _____ (2020 Series) Page 8 O _____ Item 10 Packet Page 147 Ordinance No. _____ (2020 Series) Page 9 O _____ Item 10 Packet Page 148 Ordinance No. _____ (2020 Series) Page 10 O _____ Item 10 Packet Page 149 Ordinance No. _____ (2020 Series) Page 11 O _____ Item 10 Packet Page 150 Ordinance No. _____ (2020 Series) Page 12 O _____ Item 10 Packet Page 151 Item 10 Packet Page 152 Item 10 Packet Page 153 Item 10 Packet Page 154 Item 10 Packet Page 155 Item 10 Packet Page 156 Item 10 Packet Page 157 Item 10 Packet Page 158 Item 10 Packet Page 159 Item 10 Packet Page 160 Item 10 Packet Page 161 Item 10 Packet Page 162 Item 10 Packet Page 163 Item 10 Packet Page 164 Item 10 Packet Page 165 Item 10 Packet Page 166 Item 10 Packet Page 167 Item 10 Packet Page 168 Item 10 Packet Page 169 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 0184 15 ● RL A 224 8 ● CLAR B 907 Post-ARC Project Updates Submitted to the City of San Luis Obispo NWC of BROAD STREET & TANK FARM ROAD SPEC-1482-2018 (+) 20 December 2018 REFERENCES 1. NWC Vesting Tentative Tract Map #3115/ Notes from ARC Review 10-15-2018, Watson Planning Consultants, 17 October 2018 2. Hearing Minutes for the Regular Meeting of the Architectural Review Commission, October 15, 2018 3. Revised and consolidated project plans; “NWC Broad Street at Tank Farm Road” 18 December 2018 Since the initial March 20, 2018 application and submittal, the Northwest Corner of Broad Street and Tank Farm Road Mixed Use Project has experienced various revisions and iterations in response to staff comments and various City decision-making and advisory direction. Below is a synopsis of the design revisions completed in response to the October 15 Architectural Review Commission’s (ARC) recommendation of approval for the project with specific design direction. Not outlined in this synopsis are all of the design changes completed prior to the ARC hearing, however some of the more relevant changes are noted. Since the project is still “in process”, the applicant has focused on updating the architectural site plans and details. The civil engineering plans have not been updated to reflect some of the newest configuration revisions and adjustments. The adjustments do not materially change the site’s grading, utilities, or other site engineering elements therefore, the Architectural Site Plans takes precedence if there are any differences between the architectural and civil site plan configurations. Design Modifications Westmont Living 1. Loading area and trash enclosure have been relocated to create a patio area adjacent to the Woonerf and a designated pedestrian crossing to the shopping center. 2. The back of house area, located on the first floor, has been reconfigured to better access the loading area. 3. Front parking area has been slightly reconfigured to create a patio area and two (2) additional parking spaces, such that the total parking provided now stands at 72 spaces. 4. Building colors and materials have been are updated. (See response to comment below.) Shopping Center 1. Additional and enhanced internal pedestrian pathways have been incorporated: east-west path between Buildings 1 and 5, and a north-south path between buildings 4 and 5. Trellis elements have been judiciously added to these enhanced pedestrian crossings. (See response to comments below.) Three (3) vehicle parking spaces were removed to accommodate the pedestrian enhancements, the total parking provided now stands at 214 spaces. Item 10 Packet Page 170 OASIS ASSOCIATES, INC. 20 December 2018 NWC B@TF; Post-ARC Updates– SPEC 1482-2018 Page 2 of 4 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 0184 15 ● RL A 224 8 ● CLAR B 907 2. Tenant signage is now located on the canopy ledge vs. the building wall(s). 3. Building 6 has been reconfigured and shifted to provide additional plaza area along the west and south frontages. The north storefront glazing has been removed and replaced with trellis to maintain four-sided architecture, while providing an interior back of house area for tenants and better establishing public entry points. There is no change building square footage. 4. An additional pedestrian access to the project has been added along the Broad Street frontage. Circulation & Public Improvements 1. The internal drive aisle between the Westmont facility and shopping center is designed in a woonerf style; this design was reviewed by the ARC. Renderings of the woonerf design are included in the updated project plans. 2. A phasing plan has been provided to show the proposed scope of public improvements associated with the various components of the project. Several of the ARC directional items were specific to either the Shopping Center or Westmont Living component, however these references are not explicitly included in the meeting minutes. The applicable component is noted after the item to provide context to the comment. NWC = Shopping Center WL = Westmont Living NWC/WL = Sitewide or Circulation ARC Direction Item Applicant’s Response 1. View pedestrian and bicycle connections “holistically”, taking into consideration community connectivity. (NWC/WL) Additional pedestrian connections have been added to the site design, see response comments below for more details. 2.Show bike parking and EV stations dispersed over sites. (NWC/WL) Bike parking is distributed throughout the site, near building entrances. EV stations are also located at various location in the parking areas and identified on A-010 and A1.1. 3.Add pedestrian walk along western wetland/creek edge. (NWC/WL) See SP-1 for proposed decomposed granite pathway along creek edge. 4.Internal paseo or plaza. (NWC) Additional pedestrian connections have been added. (See SP-1) Trellises where appropriate and feasible have been added along the connection paths (See TR-01 for design detail.) 5.Include internal sidewalks-paths of travel from street frontages to Grocery. (NWC) 6.Distinguish pedestrian walkway materials from surroundings. (NWC/WL) 7.Include/add sidewalk along woonerf street – address conflict between truck loading and peds. (NWC/WL) A function of the woonerf design is to “share the road” and blur the hard delineations between various transportation modes. The delineated pedestrian crossings to the north and south of Building 1 provide access to the westerly sidewalk and the option of sidewalk travel for pedestrians. 8.Make sidewalk along Tank Farm Rd more pedestrian friendly (curvilinear, vertical elev). (NWC/WL) The 6 foot sidewalk along Tank Farm Road includes a 5 foot landscaped parkway, combined with the 15 (or more) feet of landscaped area on the project, the pedestrians will enjoy a “universal design” sidewalk with dappled sunlight thanks to street trees on both sides. The sidewalk is Item 10 Packet Page 171 OASIS ASSOCIATES, INC. 20 December 2018 NWC B@TF; Post-ARC Updates– SPEC 1482-2018 Page 3 of 4 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 0184 15 ● RL A 224 8 ● CLAR B 907 also buffered from the road and consistent the City’s and Airport Area Specific Plan’s design standards. See Sidewalk Section on SP-1. 9.Increase setbacks along Tank Farm Rd. (NWC) Setbacks are consistent with the Airport Area Specific standards which are 15-feet greater than that required by the underlaying zoning. 10. Expand Tank Farm Rd landscaping to more closely mirror the Retail Center landscaping. (WL) Street front landscape areas are of similar size and design for the length of Tank Farm Road. See SP-1, L1 (Westmont) for landscape information, 11. More variety in street trees along frontage. (NWC/WL) Street tree variety will continue to be consistent with City street tree standards 12. Avoid truncated hip roofs. (WL) Roof hips have been updated to reflect four- sided full hip roofs (See Renderings 1 to 9) 13. Remove tack on trellis on 2nd floor – incorporate true trellis/arbor on ground floor with ample ground floor growing areas to support vine growth on trellis/arbor. (WL) Trellis have been removed from the design and have been replaced with metal awnings. See A5.1 for perspective rendering and See A6.3 for awning detail. 14. Consider use of canopies/arcades to tie buildings together. (NWC) The shopping center buildings are designed with entry awnings with a consistent design aesthetic. Trellised sections of walkways provide connection between the buildings. Outdoor patio spaces have remained open for flexibility of use and configuration by tenants. 15. Add shading structures on elevations – passive solar benefit. (WL) See response to comment 13. 16. Neutral – restrained color pallets – no white stucco or mustard colors. (WL) Building color palette has been updated to a restrained selection of terra, wood, and taupe browns. 17. Address “billboard” architecture by revisiting bldg. elevations and signage. (NWC) Building faces no longer have any “billboard” function as all tenant signage is proposed as ledge signs on the metal canopies. The building elevations and vertical articulation are maintained to provide visual interest, highlight building entry points, and design character. 18. Define true sign program based on available sign areas. (NWC/WL) The project’s ledge signs for tenants complies with the City-wide sign regulations. The other monument signs (one for Westmont Living and one for the Shopping Center were included in the ARC reviewed designs. 19. Review setbacks of upper floors per Guidelines (over 14’ – step back upper floor). (NWC) Our understanding is that this comment was made in reference to Building 1 (anchor/grocer) of the shopping center. The section of the guidelines is provided here for reference: Community Design Guideline 3.2.D.4 “Vertical wall articulation. The height of building walls facing streets or on-site Item 10 Packet Page 172 OASIS ASSOCIATES, INC. 20 December 2018 NWC B@TF; Post-ARC Updates– SPEC 1482-2018 Page 4 of 4 3427 Miguelito Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f www.oasisassoc.com CP 0184 15 ● RL A 224 8 ● CLAR B 907 pedestrian areas should be varied so that the vertical mass is divided into distinct, human- scaled elements. See Figure 3-16. a. Except on a pedestrian-oriented public street where buildings are at the back of the sidewalk, structures over 20 feet in height (typical for structures of two stories or more) should step-back the building mass at least five feet for the portions of the structure above 14 feet (or the height where an actual second story begins) to provide visual variation.” Building 1 is a single-story structure with a roof height of ±19 feet in height. This building does not have a second story to accommodate a setback. The parapet and roof heights range from 22 to 34 feet. This style and design are consistent, appropriate, and typical for a well-designed and articulated retail anchor building. 20. The “angled” building at the corner v. keeping with the straight street edges. (NWC) Community Design Guideline 3.1.C.2.b: “Buildings may be angled to create interesting juxtapositions if there is a clear and desirable design goal to be achieved.” The angle of the corner building responds to a number of site design factors. The building responds to an existing easement on the corner while providing the greatest extent of street presence possible as an anchor of the corner. The soft angle of the building orientation does not appear catawampus in street view, yet the angle helps activate the street corner by providing direct pedestrian access into the center with street view of patio areas and connections to other buildings. 21. Toning down and simplifying the architecture, particularly the smaller buildings. (NWC) Building architecture has been maintained to provide vertical and horizontal articulation and human-scale detailing. The center’s overall design aesthetic provides a sense of consistency but with individual designs for each building. End of Applicant’s Response Item 10 Packet Page 173 Item 10Packet Page 174 Item 10Packet Page 175 Item 10Packet Page 176 Item 10Packet Page 177 Item 10Packet Page 178 General Plan and Specific Plan Co nsistency Analysis General Plan Policy Consistency The 2014 General Plan establishes several community goals, policies and programs for development that relate to the project site. These include: • Special Focus Area #12 • Neighborhood Connections • Mixed-Use Developments and Convenience • Neighborhood Compatibility The project’s consistency with each is discussed below: Special Focus Area #12 – General Plan Policy 8.13 provides that the project site would be a mixed-use development, providing uses consistent with the “Community Commercial” and “Office” designations. This policy calls for a strong commercial presence at the corner of Tank Farm and Broad Street, and to emphasize creek protection and circulation connectivity as noted above in any land plan. The Westmont Living facility and a similar commercial development was brought to the Planning Commission on June 13, 2018 for a conceptual policy review to receive early, conceptual comments on the project’s potential consistency with the Special Focus Area policies. Since the Planning Commission recommendation on April 10, 2019, the applicant has revised the project and is only moving forward with the Westmont Living facility at this time. The assisted living and memory care facility remains as originally proposed, with no changes. The applicant has indicated that future development of the eastern portion of the project site would a revised commercial center, include replacing the proposed grocery store use with a medical office and reducing the amount of proposed retail/restaurant space. A conceptual site plan of a potential future development shows that the configuration of structures on the commercial portion of the property would be altered. Any future development on the eastern portion of the project site, including a revised commercial center, would require separate application and Architectural Review Commission and Planning Commission determinations. Future development applications are expected to incorporate the Planning Commission and Architectural Review Commission concerns and comments related to consistency with this General Plan policy. These comments relate to design features that include: • Articulated walkways within and along the perimeter of the uses, as well as enhanced connections between future commercial uses and Westmont Living facility. • Improvements to future commercial service areas located along the central road access to screen loading and unloading functions for the uses. This includes landscaping to minimize visibility from off-site. • Pedestrian meeting areas/plazas to connect pedestrian and bicycle routes into the site. Neighborhood Connections – General Plan Policies 2.2.4 and 2.2.5 discuss planning for connectivity both internally to a given project, and as that project relates to the larger neighborhood context. The subject site is located at the northwest corner of Tank Farm Road and Broad Street and the project would provide pedestrian and bicycle connections to the nearby employment centers at Mindbody and along the Broad Street corridor, and to retail services at the Marigold Shopping Center. Additionally, vehicle circulation connecting to adjoining development would be Item 10 Packet Page 179 enhanced, providing additional access options to motorists working or visiting the area. Future development would be reviewed for internal access patterns to promote accessibility from off-site and facilitate internal access the Westmont Living facility and future commercial uses. The adjacent Agera Grove mixed-use project would have access into the site via the bridge crossing Orcutt Creek (to be constructed by Agera Grove with that project). The project would construct an extension of the Mindbody street that would connect to the SESLOC property and beyond to Industrial Way. The project is consistent with these General Plan policies. Mixed-Use Developments and Convenience – General Plan Policies 2.3.1 and 2.3.6 encourage mixed-use projects to integrate complementary uses close to one another, and to ultimately cut down on vehicle traffic by making these mixed-use projects accessible to other nearby neighborhoods. The design of the proposed project adheres to, and is consistent with, the General Plan policies encouraging retail shopping and food service options located onsite with residential uses and close to employment centers, transportation corridors, and resident needs. Neighborhood Compatible Development – General Plan Policy 2.3.9 sets several goals for new development (specifically residential, but equally applicable to “infill” projects) within established neighborhoods. The vicinity of the proposed project includes a wide mix of commercial, office, professional, business park, manufacturing, industrial and residential uses. The proposed project includes the potential for a mix of these uses as allowable land use types. Architectural design of the Westmont Living facility is also consistent with architectural stylings found in the nearby area. The project also incorporates many of these established architectural styles into a well-designed center that is compatible with scale and design of these neighborhoods. The project is consistent with this General Plan policy. Future development on the eastern portion of the project site would be submitted under a separate application and reviewed for consistency with this policy and the Community Design Guidelines. Airport Area Specific Plan (AASP) Consistency First adopted by the City Council in 2005, the AASP included a series of goals, policies, and programs to comprehensively guide development of the Planning Area. Additional guidelines and development standards are included in the AASP, as well as infrastructure requirements and a plan for implementation of the Plan. In 2014 the AASP was updated to reflect current planning standards for the area. Overall goals of the Specific Plan include: • Provide a framework to move from County developments primarily focused on heavier industrial and manufacturing uses to a blend of these established uses, both inside and outside the City, with new uses focused on lighter industrial and manufacturing uses, professional and business park developments, employment centers, retailing services to support daytime customer demands and limited numbers of residential developments surrounding the Planning Area. • Plan for proposed development, including annexations within the Planning Area, so that public facilities are developed concurrently with new development in a rational and cost- effective fashion. • Expand the use of bicycles and pedestrians within the Plan Area as an alternative to increasing vehicular trips. Item 10 Packet Page 180 • Protect and enhance natural resources within the AASP, including emphasis on maintaining visual qualities of the surrounding hills and open space areas and protection of creek corridors, wetlands and habitat qualities. The Westmont Living facility, as designed, addresses each of these goals through its design, and is therefore consistent with the AASP. Future development on the eastern portion of the project site would be submitted under a separate application and reviewed for consistency with the AASP. Item 10 Packet Page 181 Page intentionally left blank. Item 10 Packet Page 182 7/26/2021 1 660 Tank Farm & 3985 Broad Street EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018 Applicant: NKT Development, LLC and Westmont Development, LP Representative: Oasis Associates Review of the Northwest Corner – Mixed Use Project September 15, 2020 Project Location 2 SITE 1 2 7/26/2021 2 Project Description Amendments to change from BP to CC Airport Area Specific Plan General Plan Rezone 5-lot subdivision Westmont Living facility Demolition of existing residence Creek setback exception Design exception 3 Project History 4 Previous iteration (March 2018) Westmont Living (same as currently proposed) 7-lot subdivision Commercial center Grocery store ( 6 retail/restaurant spaces ALUC – July 2018 and September 2018 ARC – October 2018 PC – June 2018 and April 2019 CC – May 2019 3 4 7/26/2021 3 Amendments 5 AASP: BP-SP to CC-SP-SF GP: C-C-SF (no change) Zoning: C-C-SF (no change) AASP: BP-SP to CC-SP-SF GP: BP to C-C-SF Zoning: BP-SP to C-C-SF C/OS-SP Subdivision 6 2 4 5 3 1 5 6 7/26/2021 4 Westmont Living Independent, Assisted, and Memory Care Facility 133,656 sf floor area 2 stories (32-feet) 139 rooms 111 assisted & independent living 28 memory care Phased 80 employees (18 per shift) 7 8 Westmont Living 7 8 7/26/2021 5 9 Westmont Living Transportation Improvements 10 Road improvements Design Exception 11’ travel lanes on Tank Farm Road Transit stop Bicycle improvements Broad Street Frontage Broad Street/Tank Farm Road Tank Farm Road Frontage 9 10 7/26/2021 6 New North Leg of Tank Farm/Mindbody Signalized Intersection Future Bridge Connecting to 650 Tank Farm Development Right-In/Right- Out/Left-In Only Driveway Consolidated driveway for SESLOC & NWC Access Right- In/Right-Out/ Only Driveway New bus turnout north of the existing SESLOC driveway (to be consolidated) Creek Setback Exception 12 11 12 7/26/2021 7 Previous Council Direction 13 Solar for Assisted Living facility Energy Reach Code 2019 CBC Electric vehicle charging Zoning Regulation Section 10% EV ready / 25% EV capable Inclusion of green waste disposal AB 1826 Food waste collection Transit stop Environmental Review 14 Mitigated Negative Declaration Public Review: August 6 – September 6 Mitigation Measures: Air Quality Biological Cultural/Tribal Cultural Resources Greenhouse Gas Emissions Noise Transportation 13 14 7/26/2021 8 Recommendation 15 Adopt draft resolution Adopting final IS/MND General Plan amendment Approve VTTM Approve creek setback exception Approve architectural design review Approve design exception Introduce ordinance Rezone Specific Plan amendment Questions/Comments 16 15 16 7/26/2021 9 17 18 17 18 7/26/2021 10 19 20 Westmont Living 19 20 7/26/2021 11 21 Westmont Living Creek Setback Exception 22 21 22 7/26/2021 12 Transit Improvements 23 Transit Improvements 24 23 24 7/26/2021 13 Transit Improvements 25 26 25 26 7/26/2021 14 27Design Exception 28 27 28 7/26/2021 15 Public/Agency Comments 29 Department of Toxic Substances Control Standard comments and DTSC requirements SLOAPCD Approves of change from grocery to medical Agrees with AQ-4 AQ-1 and AQ-2 not needed, but good to have AQ-3 is appropriate, could be expanded Public Bicycle and pedestrian access 35’ Creek Setback Contour 29 30 7/26/2021 16 31 Westmont Living Picture: RRM Design Group TANK FARM ROAD 32 31 32 7/26/2021 17 33 33 City of San Luis Obispo – City Council Hearing15 September 2020NWC of Broad Street and Tank Farm Road - A Mixed Use ProjectSBDV-1483-2018 EID-1484-2018 ARCH-1486-2018 SPEC-1492-20183985 Broad Street 660 Tank FarmApplicants, NKT Commercial ResolutionNWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectAPPLICAN’TS REQUESTIntroduce an Ordinance (Exhibit B) amending •Zoning & Specific Plan designations from BP-SP to CC-SP-SF) for 660 Tank Farm Road •Specific Plan designations from BP-SP to CC-SP-SF for 3985 Broad Street ProjectSiteOrdinanceAdopt the Draft Resolution recommending approval of the project-related entitlements to the City Council. •General Plan Amendment + Rezone (Exhibit A)•Amendments to the AASP (Exhibit B)•Vesting Tentative Tract Map – Tract 3115•Architectural Review for assisted living facility development•Creek setback exception, and •IS/MND, based upon the findings and conditions of approval.•22 mitigation measures & 65 conditions of approvalTHE REQUEST Project History – 2005 to presentDate Event2005Property is annexed into the City as part of the Airport Area Specific Plan and zoned Business Park (BP).2009– Applicant initiates “due diligence” for property acquisition and determination of the “best and highest use”. Analyzes feasibility of lodging 2013a General Plan Amendment to rezone from BP to allow shopping center use.2013 – City’s Land Use & Circulation Element (LUCE) update process initiated and adopted in December 2014. Subject property is considered2014a Special Focus Area.2017 AprilReengage with Economic Development Manager, Asst. City Manager (Derek Johnson) and Community Development Director Codron to introduce the proposed development and mix of uses. JuneRequest and participate in City pre-application meeting. 201820 Mar.NKT Commercial and Westmont Living lodge the entitlement application.MayCDD provides Determination of Application Completeness.13 JuneParticipate in Planning Commission policy conformance hearing.Aug. - Sept. ALUC determines that the project is in conformance with the Airport Land Use Plan. 15 Oct.ARC recommends to the Planning Commission that the project is consistent with Community Design Guidelines + Airport Area Specific Plan guidelines and provides direction.201910 AprilPlanning Commission reviews and recommends approval to the City Council.07 MayCity Council Hearing, item is presented and continued per staff’s request.PROJECT HISTORYNWC of Broad St. and Tank Farm Rd. - A Mixed Use Project SITE DESIGN & CONNECTIVITYNWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectBROAD STREETBROAD STREETTANK FARM ROADTANK FARM ROADLEGEND:PedestrianVehicularWestmontLivingConnection to 650 Tank FarmNKT Commercial Center(conceptual design)Orcutt Creek WalkRight of Way Improvements (Phase I)Separated Bike Path56BikeRacksBikeLockers Westmont of San Luis ObispoAssisted Living and Memory CareWESTMONT OVERVIEWNWC of Broad St. and Tank Farm Rd. - A Mixed Use Project670 Tank Farm Rd, San Luis Obispo, CA 93401 WESTMONT LIVING OVERVIEWNWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectAbout Westmont Living•Family-owned business; Headquartered in San Diego -https://www.westmontliving.com/•Owners and Operators of Senior Living since 1996•14 communities operating in California, including Nipomo and Paso RoblesThe Terraces - Chico, CAMariposa at Ellwood Shores – Goleta, CAWestmont at San Miguel Ranch – Chula Vista, CA WESTMONT LIVING OVERVIEWNWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectProject ScopeoStudio, 1 and 2 bedroom living suites for independent seniors and those that require assistance with daily living activities.o139 Suites111 Independent/Assisted Living Suites28 Memory Care SuitesoParking Required- 38 spacesProvided- 72 spacesoPedestrian connections to proposed adjacent shopping centero66 Full-time equivalent skilled employeesResidents are aged 60 and up; average age is 84. Average length of stay is 2.5 yearsVast majority are single, seeking social atmosphereMost residents have family within a 5 mile distanceDesire availability of personal assistance with daily activitiesWants the convenience of dining, activities, and amenities onsiteInterested in new friends and a community of their peersWestmont Living Resident Profile PERSPECTIVENWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectView of Westmont from new streetView from Tank Farm Road PERSPECTIVENWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectSouthwest corner of Westmont Living from Tank Farm RoadSoutheast corner of Westmont Living from Tank Farm Road PERSPECTIVENWC of Broad St. and Tank Farm Rd. - A Mixed Use ProjectExterior spaces around Westmont LivingProject includes three courtyards for residents City of San Luis Obispo – City Council Hearing15 September 2020NWC of Broad Street and Tank Farm Road - A Mixed Use ProjectSBDV-1483-2018 EID-1484-2018 ARCH-1486-2018 SPEC-1492-20183985 Broad Street 660 Tank FarmApplicants, NKT Commercial