HomeMy WebLinkAboutR-11304 approving the 600 Tank Farm Mixed-Use Development Project (PR-0005-2021, ARCH-0406-2021; SBDV-0407-2021; GENP-0814-2019; SPEC-0407-2020; EID-0608-2020)R 11304
RESOLUTION NO. 11304 (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE 600 TANK FARM MIXED-USE
DEVELOPMENT PROJECT, CONSISTING OF 280 RESIDENTIAL UNITS
AND 12,500 SQUARE FEET OF COMMERCIAL/OFFICE SPACE,
INCLUDING A CREEK SETBACK EXCEPTION, SPECIFIC PLAN
AMENDMENTS, GENERAL PLAN MAP AMENDMENT, REZONING,
AND VESTING COMMON INTEREST TENTATIVE PARCEL MAP #21 -
0015; AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE PROJECT AS REPRESENTED IN THE CITY
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
FEBRUARY 1, 2022 (600 TANK FARM ROAD, PR-0005-2021, ARCH-
0406-2021; SBDV-0407-2021; GENP-0814-2019; SPEC-0407-2020; EID-
0608-2020)
WHEREAS, the City Council of the City San Luis Obispo conducted a web based
teleconference hearing on April 21, 2020, authorizing the initiation of the project and
issuance of a request for proposals for preparation of an Environmental Impact Repor t
for the project, pursuant to a proceeding instituted under GENP-0814-2019, Covelop Inc.,
applicant; and
WHEREAS, the Active Transportation Committee of the City of San Luis Obispo
conducted a web based teleconference hearing on July 16, 2020, and provided
recommended direction on the conceptual designs of the proposed mixed -use
development, pursuant to a proceeding instituted under ARCH-0216-2020, Covelop Inc.,
applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based teleconference hearing on August 17, 2020, and provided
recommended direction on the conceptual designs of the proposed mixed -use
development, pursuant to a proceeding instituted under ARCH-0216-2020, Covelop Inc.,
applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based teleconference hearing on September 23, 2020, and provided direction on the
conceptual designs of the proposed mixed-use development, pursuant to a proceeding
instituted under ARCH-0216-2020, Covelop Inc., applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based teleconference hearing on December 9, 2020, for the purposes of reviewing
the scope of the Environmental Impact Report, pursuant to a proceeding instituted under
GENP-0814-2019, SPEC-0407-2020, and EID-0608-2020, Covelop Inc., applicant; and
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WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based teleconference hearing on July 14, 2021, received public testimony and
provided input on the Draft Environmental Impact Report, pursuant to a proceeding
instituted under ARCH-0406-2021, SBDV-0407-2021, GENP-0814-2019, SPEC-0407-
2020, and EID-0608-2020, Covelop Inc., applicant; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo,
upon receipt of a formal referral from the City of San Luis Obispo, conducted a web based
teleconference hearing on August 18, 2021, and determined consistency with the San
Luis Obispo County Regional Airport Land Use Plan subject to conditions, pursuant to a
proceeding instituted under PR-0005-2020, Covelop Inc., applicant; and
WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a web
based teleconference hearing on September 27, 2021, and provided recommendations
for consideration by the Planning Commission including a recommendation of
consistency with the City’s Tree Regulations, pursuant to a proceeding instituted under
ARCH-0406-2021, Covelop Inc., applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based teleconference hearing on October 4, 2021, and recommended
approval of the project to the Planning Commission based on consistency with the
Community Design Guidelines and Airport Area Specific Plan (AASP) Design Standards
and Guidelines, including recommended directional items pursuant to a proceeding
instituted under ARCH-0406-2021, Covelop Inc., applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
web based teleconference hearing on November 17, 2021, pursuant to a proceeding
instituted under ARCH-0406-2021, SBDV-0407-2021, GENP-0814-2019, SPEC-0407-
2020, and EID-0608-2020, Covelop Inc., applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web
based teleconference hearing on February 1, 2022, pursuant to a proceeding instituted
under ARCH-0406-2021, SBDV-0407-2021, GENP-0814-2019, SPEC-0407-2020, and
EID-0608-2020, Covelop Inc., applicant; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation
and recommendations by staff, presented at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo to certify the Final Environmental Impact Report (EIR), and to approve the
General Plan Map Amendment, Rezone, Airport Area Specific Plan Amendment, Vesting
Common Interest Tentative Parcel Map, and Major Development Review for the 600 Tank
Farm Mixed Use Project. This resolution is based on the following findings, California
Environmental Quality Act (CEQA) findings and Statement of Overriding Considerations,
mitigation measures, and conditions:
SECTION 1. Findings. The City Council does hereby certify the 600 Tank Farm
Mixed Use EIR and approve the project, inclusive of applications ARCH-0406-2021;
SBDV-0407-2021; GENP-0814-2019; SPEC-0407-2020; EID-0608-2020, a Specific Plan
Amendment, General Plan Amendment/Rezoning, Vesting Common Interest Tentative
Tract Map, and Final EIR, based on the follo wing findings:
General Plan Map Amendment and Airport Area Specific Plan Amendments Findings
1. The Airport Area Specific Plan (AASP) as amended is consistent with policy
direction for the area included in the General Plan, and in particular with the
following General Plan policies: Policy LUE Policy 1.5 Jobs/Housing Relationship,
because the project provides additional housing opportunities at a location close
to major employers and multimodal transportation facilities; LUE Policy 2.2.6 and
2.2.7, which promote quality neighborhoods and infill development, because the
project is located within walking distance to MindBody Headquarters, SESLOC
Credit Union, other nearby employers as well as retail uses and other services of
the Marigold Shopping Center; and Circulation Element policies 3.1.7 Transit
Service Access, 4.1.1 Bicycle Use, and 5.1.2 Sidewalks and Paths, because SLO
Transit Routes 1 and 3 provide service to the project site area and because the
project would provide improvements to bicyclist and pedestrian facilities in the
project area.
2. The AASP Amendment, General Plan Map Amendment, and Rezone allow the
implementation of the 600 Tank Farm Road Mixed -Use Project by:
a. Updating the City’ s General Plan and Specific Plan land use maps from
Business Park to Services Manufacturing to reflect the development pattern
included in the 600 Tank Farm Mixed-Use development plan;
b. Rezoning the site from Business Park (BP-SP) to Commercial Services (C-
S-SP) to be consistent with the General Plan, Specific Plan, and
development plan.
3. As conditioned, the County of San Luis Obispo Airport Land Use Commission, on
August 18, 2021, found the proposed project to be consistent with the Airport Land
Use Plan.
4. The proposed General Plan Map Amendment and AASP Amendments will not
conflict with easements for access through the property.
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Development Review Findings
5. The project will not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because the project will be compatible
with site constraints and the scale and character of the neighborhood.
6. The proposed project is consistent with Land Use Element Policy 2.3.6 “Housing
and Businesses” and 3.8.5 “Mixed Uses” because future development facilitated
by the proposed project would provide residential dwellings within a commercial
district near neighborhood commercial centers, major activity nodes and transit
opportunities. Housing at this location is compatible with proposed and existing
commercial and residential uses on adjacent properties.
7. The project is consistent with Conservation and Open Space Element Policy 4.4.3
because the project promotes higher-density, compact housing to achieve more
efficient use of public facilities and services and to improve the jobs/hou sing
balance.
8. As conditioned, the project design maintains consistency with the City’s
Community Design Guidelines and Chapter 5 (Community Design) of the AASP
through articulation, massing, and a mix of color/finish materials that are
compatible with the neighborhood and complementary to other development within
the immediate vicinity. The project design is consistent with the Community Design
Guidelines by providing a variety of architectural treatments that add visual interest
and articulation to the building design that complements the design and scale of
the existing structures in the surrounding neighborhood (CDG, Chapter 5.4).
9. The proposed height, mass and scale of the project will not negatively alter the
overall character of the neighborhood or the street’s appearance because the
development is designed in a manner that does not deprive reasonable solar
access to adjacent properties. The project incorporates vertical and horizontal wall
plan offsets, which provide a high-quality and aesthetically pleasing architectural
design.
Mixed-use Project Findings
10. As conditioned, the project is consistent with the Zoning Regulations for Mixed -
Use Projects (Section 17.70.130), because the proposed building design complies
with objective design criteria and performance standards for mixed-use
development by providing internal compatibility between the different uses in terms
of noise, hours of operation, vehicle and pedestrian circulation, access, and use of
open space.
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Creek Setback Exception Findings
11. The location and design of the Buildings 4, 8, 14, 19, and 21, and the proposed
bike/pedestrian path receiving the exception will minimize impacts to scenic
resources, water quality, and riparian habitat, including opportunities for wildlife
habitation, rest, and movement, because the project includes the implementation
of Mitigation Measures BIO-1(a) through BIO-2(e).
12. As conditioned, the exceptions for portions of Buildings 14, 19, and 21 to reduce
the setback requirement to 30 feet, where 35 feet is normally re quired, and for
portions of the upper story setbacks for Buildings 4, 8, 14, 19, and 21 to reduce
the setback requirement to 30 feet, where 45 feet is normally required, as well as
the proposed bike path within the creek setback will not limit the City’s d esign
options for providing flood control measures that are needed to achieve adopted
City flood policies.
13. The exceptions will not prevent the implementation of City-adopted plans, nor
increase the adverse environmental effects of implementing such plans b ecause
the proposed bike/pedestrian path is designed in accordance with the Active
Transportation Plan.
14. There are circumstances applying to the site, such as a greater creek setback
requirement than other properties in the vicinity, that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning.
15. The exceptions will not constitute a grant of special privilege because the
bike/pedestrian path is envisioned with the Active Transportation Plan to provide
a connection to the Damien Garcia Sports Fields, and the exceptions for Buildings
4, 8, 14, 19, and 21 are considered minor.
16. The exception will not be detrimental to the public welfare or injurious to other
property in the area of the project or downstream, because the project includes the
implementation of Mitigation Measures BIO-1(a) through BIO-2(e).
17. A larger creek setback within the project design is not possible without a
substantial project redesign that could adversely affect site circulation, safety,
functionality, and the provision of housing consistent with City goals.
Placement of Residential Units Along Street Frontage Findings
18. The allowance of ground-floor residential units within the first 50 feet of floor area
adjacent to the street for Buildings 3, 7, and 9, will not negatively alter the overall
character of the neighborhood or the streets appearance because primary
commercial activities in the neighborhood are oriented toward the intersection of
Tank Farm Road and Santa Fe Road.
19. The majority of residential uses within the project are outside the 60 -decbel noise
contour from Tank Farm Road or are otherwise shielded by the commercial mixed
use structure adjacent to Tank Farm Road.
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20. Those residences within the structures adjacent to Santa Fe Road can meet state
and local interior noise standard of 45 decibels through a project design that t hat
includes building materials and windows that attenuate noise to achieve this
standard.
21. The residential units within the project would enhance the pedestrian environment,
in that those residents would be adjacent to commercial development, which
encourages walking to such services, rather than taking a vehicle to a similar
commercial establishment elsewhere in the City. Moreover, front doors that face
the street would encourage direct pedestrian access to Santa Fe Road, which is
consistent with the City‘s goal of providing multimodal transportation facilities.
Fence Height Exception Findings
22. As conditioned, the proposed height of 15 feet for the retaining wall along the west
property line between the Santa Fe Road cul-de-sac and Building 26 is acceptable
because the fence provides adequate security and safety for circulation of the site
due to the drop in grade.
23. As conditioned, the proposed fence’s design, placement, and materials are
consistent with the Community Design Guidelines because it is of the same quality
as adjacent structures and fences in the vicinity.
24. No public purpose is served by strict compliance with the City’s fence height
standards because the retaining walls will not create a visible or tangible
obstruction between properties or the public right-of-way because the retaining
walls are predominantly visible from within the project site that provides necessary
access and circulation for the project.
25. As conditioned, the fences will not have any sight distance impacts for vehicles
entering and exiting properties since there is adequate clearance between the
retaining walls and the entrances to the street.
Parking Reduction Findings
26. The proposed 6.8 percent vehicle parking reduction is appropriate for the site
because the project is located within a quarter mile of a regularly scheduled transit
stop, consistent with AASP Standard 5.4.5 which qualifies for a reduction up to 10
percent.
27. As conditioned, the project qualifies for a 6.8 percent parking reduction in
accordance with Zoning Regulations Section 17.72.050.C and the Institute of
Transportation Engineers Parking Demand, where the peak hours of use will not
overlap or coincide to the degree that peak demand for parking spaces from all
uses or projects will be greater than the total supply of spaces.
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Vesting Common Interest Tentative Parcel Map Findings
28. As conditioned, the proposed subdivision, together with the provisions for design
and improvement, is consistent with the General Plan, including compatibility with
objectives, policies, general land uses, and programs specified in the General Plan
and the AASP because Housing Element Program 6.13 specifically identifies the
project site as appropriate for rezoning to provide for higher-density or mixed-use
housing as compatible with other projects in the vicinity.
29. The design of the project is consistent with the City’s Clean Energy Choice
Program that provides for future natural heating, or cooling opportunities.
30. As conditioned, the applicant has agreed to an indemnification clause to defend,
indemnify and hold harmless the City and/or its agents, officer s 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 env ironmental
review (“Indemnified Claims”).The site is physically suited for the type and density
allowed in the Service Commercial zone (C-S-SP) within the Specific Plan overlay,
because the adjacent property at 650 Tank Farm is also zoned C-S-SP and
provides for a similar mixed-use development project.
31. The design of the tentative map is not likely to cause serious health problems,
substantial environmental damage, or substantially and unavoidably injure fish or
wildlife or their habitat, since the subdivision will occur on a previously developed
site within an urbanized area and, approval of this subdivision does not include
variances or exceptions from applicable design standards set forth in the
Subdivision Regulations.
32. The project will not be detrimental to the health, safety, or welfare of those living
or working on the site and vicinity since it has been found in conformance with
development standards and the Airport Area Specific Plan (AASP), and the project
will be compatible with site constraints and the scale and character of the site and
the surrounding neighborhood.
33. As conditioned, the design of the subdivision will not conflict with easements for
access through, or use of property within, the proposed subdivision since any
existing easements will remain in place following the subdivision and will be
applicable to the newly-created parcels; and code requirements require the
recordation of new easements and the relocation of utilities wherever necessary
to the satisfaction of the Community Development Director and Public Works
Department Director.
34. As conditioned, the proposed subdivision will not be detrimental to the health,
safety, or welfare of those working or residing in the vicinity. The property is not
subject to fault rupture or landslide hazards. As a Common Interest Subdivision,
the project is subject to architectural review and enforcement of relevant building
and safety codes.
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35. The project is consistent with Housing Element Policies 6.1 and 7.4 because the
project supports the development of more housing in accordance with the assigned
Regional Housing Needs Allocation and establishes a new neighborhood, with
pedestrian and bicycle linkages that provide direct, convenient and safe access to
adjacent neighborhoods consistent with the AASP.
SECTION 2. California Environmental Quality Act (CEQA) Findings, Mitigation
Measures, and Mitigation Monitoring Program. Based upon all the evidence, the City
Council certifies the Final Environmental Impact Report (FEIR) (State Clearing House
#2020110426), subject to the following CEQA findings in support of all entitlements
related to the 600 Tank Farm Mixed Use project:
1. The 600 Tank Farm Mixed Use Final Environmental Impact Report (Final EIR) was
prepared in accordance with the California Environmental Quality Act (CEQA) and
the State CEQA Guidelines, adequately addressing impacts associated with the
project.
2. The proposed project is consistent with the requirements of the 600 Tank Farm
Mixed Use FEIR as proposed based on the CEQA Findings an d Statement of
Overriding Considerations, and prepared consistent with CEQA Guidelines
Sections 15091 and 15093, and this approval incorporates those FEIR mitigation
measures as applicable to Vesting Common Interest Tentative Parcel Map #21 -
0015, as detailed below, and described more fully in the attached CEQA Findings
of Fact and Statement of Overriding Considerations (Exhibit A) and Mitigation,
Monitoring, and Reporting Program (Exhibit B).
3. All potentially significant effects were analyzed adequately in the referenced FEIR,
and reduced to the extent feasible, provided identified mitigation measures are
incorporated into the project and the mitigation monitoring program (refer to Exhibit
B, Mitigation Monitoring and Reporting Program).
SECTION 3. Action. The project conditions of approval do not include mandatory
code requirements. Code compliance will be verified during the plan check process,
which may include additional requirements applicable to the project. The City Council
hereby approves the project to the City Council with incorporation of the following
conditions:
Planning Division
1. Final project design and construction drawings submitted for a building permit shall
be in substantial compliance with the project plans approved b y the Planning
Commission (ARCH-0406-2021). A separate, full-size sheet shall be included in
working drawings submitted for a building permit that lists all conditions and code
requirements of project approval listed as sheet number 2. Reference shall be
made in the margin of listed items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or
other conditions of approval must be approved by the Director or Architectural
Review Commission, as deemed appropriate.
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2. Plans submitted for a building permit shall incorporate the design considerations
as described at the ARC hearing on October 4, 2021, the final designs of the
proposed project shall be modified to incorporate the following items, subject to
the satisfaction of the Community Development Director:
a. Provide one more color scheme for Building A types.
b. Incorporate balcony railings that provide more privacy; 66%-75% solid
panels to screen views.
c. On the Building B rear elevation provide white garage doors rather than gray
to blend in more.
d. Provide more planting or other visual indicators for pedestrians and traffic
calming (referencing the red arrow shown on sheet A10 descending from
Santa Fe Road)
e. Use landscaping to reduce massing of Building E.
f. Provide well thought out pedestrian-scale elements.
3. 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 color and material board submitted with Major Development
(Architectural) Review application. The project shall avoid repetition of design
color schemes, such that adjacent townhomes or buildings of a similar layout use
different color schemes. The applicant shall also note the use of smooth finish
stucco on the building plans to the satisfaction of the Community Development
Director.
4. Plans submitted for a building permit shall include recessed window details or
equivalent shadow variation, and all other details including but not limited to
awnings and railings. Plans shall indicate the type of materials for the window
frames and mullions, their dimensions, and colors. Plans shall include the
materials and dimensions of all lintels, sills, surrounds recesses and othe r related
window features. Plans shall demonstrate the use of high-quality materials for all
design features that reflect the architectural style of the project and are compatible
with the neighborhood character, to the approval of the Community Developmen t
Director.
5. Plans submitted for a building permit shall include a revised railing system for the
balconies that provides a design that visually obscures views of storage on the
balconies and provides additional privacy between existing and new residential
units, subject to the satisfaction of the Community Development Director.
6. The property owner shall be responsible for maintaining and updating the current
parking calculation for the commercial component of the project upon the submittal
of Planning and Building permits for tenant changes or improvements, and/or each
business license, to ensure the site does not become under-parked.
7. All surface parking spaces must be available for common use and not exclusively
assigned to any individual use, required residential parking may be reserved, but
commercial parking must be made available for guests or overflow from
residences.
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8. Plans submitted for a building permit shall clearly depict the location of all required
short and long-term bicycle parking for all intended uses, plans submitted for
construction permits shall include bicycle lockers or interior space within each
residential unit or parking area for the storage of at least two bicycle per residential
unit. Short-term bicycle racks such as “Peak Racks” shall be installed in close
proximity to, and visible from, the main entry into the buildings (inverted “U” rack
designs shall not be permitted). Sufficient detail shall be provided about the
placement and design of bike racks and lockers to demonstrate compli ance with
relevant Engineering Standards and Community Design Guidelines, to the
satisfaction of the Public Works and Community Development Directors.
9. Plans submitted for building permit shall include a photometric plan, demonstrating
compliance with maximum light intensity standards not to exceed a maintained
value of 10 foot-candles. The locations of all lighting, including 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 .70.100 of the Zoning
Regulations.
10. Mechanical and electrical equipment shall be located internally to the buildings.
With submittal of working drawings, the applicant shall include sectional views of
the buildings, which clearly show the sizes of any proposed condensers and other
mechanical equipment. If any condensers, transformers, or other mechanical
equipment are to be ground mounted or placed on the roof, plans submitted for a
building permit shall confirm that these features will be adequately scree ned. A
line-of-sight diagram may be required to confirm that proposed screening will be
adequate. This condition applies to initial construction and later improvements.
11. The storage area for trash and recycling cans shall be screened from the public
right-of-way consistent with §17.70.200 of the Zoning Regulations. The subject
property shall be maintained in a clean and orderly manner at all times; free of
excessive leaves, branches, and other landscape material. The applicant shall be
responsible for the clean-up of any landscape material in the public right-of-way.
12. 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. Landscaping plans shall include
the following information, at a minimum:
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a. The species, diameter at breast height, location, and condition of all existing
trees;
b. Identification of trees that will be retained, removed, or relocated;
c. Location and size of plant and tree species proposed to be planted;
d. The location of proposed utilities, driveways, street tree locations, and the
size and species of proposed street trees; and
e. A reclaimed water irrigation plan.
13. Plans submitted for construction permits shall include elevation and detail
drawings of all walls and fences. Fences, walls, and hedges will comply with the
development standards described in the Zoning Regulations (§17.70.070 –
Fences, Walls, and Hedges), except those identified in the Wall Height Exception
attached to the staff report dated November 17, 2021. Walls and fence s should
remain as low as possible, long expanses of fence or wall surfaces shall be offset
and architecturally designed to prevent monotony. Evergreen ivy shall be planted
along the downslope side of all retaining walls that exceed 6-feet in height, planting
of ivy shall be spaced out at a minimum of every 15 feet along the retaining walls,
to the satisfaction of the Community Development Director.
14. The location of any required backflow preventer and double -check assembly shall
be shown on all site plans submitted for a building permit, including the
landscaping plan. Construction plans shall also include a scaled diagram of the
equipment proposed. Where possible, as determined by the Utilities Director,
equipment shall be located inside the building within 20 feet of the front property
line. Where this is not possible, as determined by the Utilities Director, the back -
flow preventer and double-check assembly shall be located in the street yard and
screened using a combination of paint color, landscaping an d, 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.
15. Prior to building permit issuance, the applicant shall submit an application and
receive approval for the installation of public art as part of the project or pay the in-
lieu fee (Municipal Code §17.32.030.E.5.b.(ii).(g)). Public art shall be installed prior
to occupancy of the project, to the satisfaction of the Community Development
Director.
16. The design of proposed structures will incorporate noise attenuating construction
techniques that reduces noise exposure to acceptable levels. Exposure in outdoor
activity areas must not exceed 60 dB and indoor exposure must not exceed 45 dB
consistent with the City’s Noise Ordinance. Plans submitted for construction
permits must clearly indicate and describe noise attenuation measures,
techniques, and materials, and demonstrates their compliance with noise levels
limits.
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17. Prior to building occupancy, the owner of the property shall provide a Residential
Noise Notice in writing for residential occupants stating that the property is located
within a commercial zone in an urban-type environment and that noise levels may
be higher than a strictly residential area.
18. Plans submitted for a building permit shall ensure consistency with the Airport Land
Use Commission’s (ALUC) conditions from the August 18, 2021 hearing. Any
increase in the number of dwelling units or commercial square footage shall be
referred to the ALUC for determination of consistency with the Airport Land Use
Plan (ALUP). The project is subject to the following ALUC conditions;
a. The average density/intensity for the site shall not exceed 75 persons per
acre.
b. The densest portion of the site (southwest 1 acre containing the two mixed-
use buildings) shall have an intensity not to exceed 150 persons per acre.
c. The maximum height limit of structures on the Project site shall not exceed
36 feet for any occupied structures, and 46 feet for any non -occupied
architectural features. The construction plans for the proposed dwelling
shall be submitted via FAA Form 7460-1 to the Air Traffic Division of the
FAA regional office having jurisdiction over San Luis Obispo County at least
45 days before proposed construction or application for a building permit,
to determine compliance with the provisions of FAR Part 77.
d. The Project shall comply with all noise policies as required by the ALUP.
e. No structure, landscaping, apparatus, or other feature, whether temporary
or permanent in nature shall constitute an obstruction to air navigation or a
hazard to air navigation, as defined by the ALUP.
f. Any use is prohibited that may entail characteristics which would potentially
interfere with the takeoff, landing, or maneuvering of aircraft at the Airport,
including:
• Creation of electrical interference with navigation signals or radio
communication between the aircraft and airport;
• Lighting which is difficult to distinguish from airport lighting;
• Glare in the eyes of pilots using the airport;
• Uses which attract birds and create bird strike hazards;
• Uses which produce visually significant quantities of smoke; and
• Uses which entail a risk of physical injury to operators or passengers of
aircraft (e.g., exterior laser light demonstrations or shows).
g. Avigation easements shall be recorded for each property developed within
the Project site prior to the issuance of any building permit or land use
permit.
h. All owners, potential purchasers, occupants (whether as owners or renters),
and potential occupants (whether as owners or renters) shall receive full
and accurate disclosure concerning the noise, safety, or overflight impacts
associated with Airport operations prior to entering any contractual
obligation to purchase, lease, rent, or otherwise occupy any property or
properties within the Airport area.
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19. Any new proposed signage in addition to the monument sign shall be reviewed by
the Planning Division to ensure appropriateness for the site and compliance with
the Sign Regulations. Signage shall coordinate with building architecture and the
type of land use. The Director may refer additional signage to the ARC if it seems
excessive or out of character with the project.
Housing Programs – Community Development Department
20. Prior to the issuance of construction permits, the city and the project owners shal l
enter into an Affordable Housing Agreement, to be recorded in the office of the
county recorder. The agreement shall specify mechanisms or procedures to
assure the continued affordability and availability of 11 units (three studios, six 1 -
bedrooms, and two 2-bedroom units) to moderate income households that is of the
same size, appearance and basic quality as the market-rate units, to the
satisfaction of the Community Development Director.
Engineering Division – Public Works/Community Development
21. The development project plans shall be in accordance with the approved tentative
map and any mitigation measures or conditions of approval related to Vesting
Common Interest Tentative Parcel Map SLO 21-0015 (SBDV-0407-2021) and the
certified Final EIR and approved Mitigation Monitoring and Reporting Program.
22. The public and subdivision improvements related to this development shall be
approved or substantially approved to the satisfaction of the Public Works and
Community Development Departments prior to building permit issuance for the
development project.
23. Construction and/or improvement phasing, if proposed, shall be approved to the
satisfaction of the directors of Community Development, Public Works, and Utility
Departments.
24. Final roadway alignment shall be substantially in conformance with the AASP,
Active Transportation Plan, and City Engineering Standards except where the
applicant has requested and been granted a formal design exception by the Public
Works Director or designee.
25. A separate public improvement/subdivision improvement plan application, review
fee, and inspection fee will be required in accordance with the Engineering fee
schedule in effect at the time of plan submittal. The plans and supporting
documents shall be in accordance with the codes and standards in effect at the
time of application.
26. A separate demolition permit will be required for the removal of any existing non -
exempt structures, if applicable.
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27. The improvement plans and building plan submittals shall include a complete
topographic survey and/or existing site development plans showing all existing
structures, site improvements, utilities, water wells, private waste disposal
systems, tanks, and trees, if applicable. The plan shall clarify the limits of the
demolitions and improvements to remain.
28. The plans shall include a complete tree summary show the diameter and species
of all trees. The plans shall clarify the trees to remain and the trees to be removed.
Trees to remain may require a tree preservation plan per City En gineering
Standards.
29. Invasive plant species, if discovered along the Acacia Creek corridor or on site
shall be removed or eradicated to the satisfaction of the Planning Division and
Natural Resources Manager.
30. Agency permits required for any work within the creek corridor shall be secured
prior to commencing with any demolitions, grading, and construction within the
jurisdictional areas. Any jurisdictional permits and/or authorizations and/or
authorizations from the Army Corps of Engineers, California De partment of Fish
and Wildlife, U.S. Fish and Wildlife Service, 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. Permit conditions shall be reflected on the approved plans
and/or development submittal supporting documents.
31. A SWPPP and Waste Discharger Identification Number (WDID) shall be issued
and referenced on the grading, erosion control, and stormwater control plan sheets
prior to plan approval and permit issuance.
32. The site development plan and grading plan shall show and honor the entitled
design for the pedestrian and emergency vehicle access across Acacia Creek to
650 Tank Farm Road.
33. A reciprocal access agreement with 650 Tank Farm Road shall be recorded to
provide continuity for the pedestrian/bikeway accessways. The agreement shall
be recorded in junction with the parcel map recordation and/or prior to building
permit issuance for the development project.
34. Unless an alternate design is approved by the Planning Division and the Public
Works/Transportation Division, the proposed bike and pedestrian walks and
pathways shall be designed and constructed of Portland Cement Concrete per City
Engineering Standards.
35. The final site and stairway designs shall verify that required handrail extensions
will not project into walkways and the bikeway or required 2’ shoulder areas.
36. The limits of demolitions, culvert removal, rubble removal, and creek
cleaning/restoration in the area of the existing Acacia Creek crossing and access
easement shall be approved to the satisfaction of the City Biologist and Natural
Resources Manager.
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37. Depending upon project timing through this corridor of Tank Farm Road, off-site
improvements currently proposed with the mixed-use development located at 650
Tank Farm Road may be required to accommodate motor vehicle, bike, and
pedestrian circulation improvements and their transitions to the existing
improvements.
38. The applicant/developer may request that the City support a private
reimbursement agreement for certain off-site improvements or infrastructure
oversizing that are considered to be in excess of those required to support the
proposed development.
39. If applicable for any off-site improvements, the limits of improvements within the
creek corridors required for the Tank Farm Road widening shall be approved by
the Public Works Director in collaboration with the City Biologist and Natural
Resources Manager. Additional silt and debris removal may be required within the
culverts and at their downstream outlets.
40. The development plans, building plans, grading/drainage plans, and public
improvement plans shall show and note compliance with the City’s Drainage
Design Manual, Floodplain Management Regulations, and Post Construction
Stormwater Regulations (PCRs).
41. The project plans and reports shall show that the new structures will be located
outside of the Special Flood Hazard Area (SFHA) and shall be constructed with
finish floors at least 1’ above any established Base Flood Elevation(s). A
Conditional Letter of Map Revision (CLOMR) shall be processed and approved
prior to grading or placement of fill within the SFHA. The final Letter of Map
Revision (LOMR) shall be processed within 6 months after the completion of
grading and shall be finally approved prior to building permit issuance for any
structures located within the existing and unamended SFHA.
42. The grading and drainage plan and associate reports shall evaluate the r un-on
from the adjoining “flower mound”. The plan and analysis shall evaluate how any
run-on will be collected and conveyed to a non-erosive outlet.
43. The grading and drainage plan shall evaluate the run -off from the development
improvements, including any run-off from the partial/interim development of Santa
Fe, Tank Farm Road, and the round-a-bout. The analysis shall include both water
quantity and water quality treatment.
44. This project site shall include the private and public improvements related to this
common plan for evaluation of the PCRs. All off-site altered or replaced impervious
surfaces related to the development of the Santa Fe extension, round -a-bout
improvements, and Tank Farm Road improvements shall be included as Drainage
Management Areas (DMAs) with appropriate water quality treatment and retention
strategies. Temporary basins or Storm Water Control Measures (SCMs) may be
proposed.
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45. Any off-site easements or easement agreements required for the proposed
improvements and SCM’s shall be recorded prior to plan approvals. A separate
grading permit and encroachment permits may be required from the County of San
Luis Obispo for work or construction staging that occurs outside the city limits or
within the County public right-of-way.
46. An Operation and Maintenance Manual will be required with the improvement and
building permit application submittals. A separate Private Stormwater Conveyance
Agreement shall be recorded prior to approvals.
47. Unless specifically approved by the Public Works Department all stormwater
control measures (SCMs) shall be located on private property and shall be
maintained by the property owner, a Property Owner Association, or Homeowner
Association.
48. Any SCMs approved for location within an existing or future pu blic right-of-way
may require an encroachment and maintenance agreement with the city and/or
County unless the City or County agree to any maintenance.
49. Walls, fences, and wall-fence combinations shall meet the wall height
requirements in the zoning code and community design guidelines to the
satisfaction of the Planning Division, unless a Fence Height Exception is approved
pursuant to the City Zoning Regulations. Tiered walls and/or off -site grading may
be required to eliminate walls or reduce the wa ll height in the area of the “flower
mound” along the tract boundary at lots 5 and 7.
50. All site retaining walls shall be evaluated for areas needing fall protection
fencing/guardrails or privacy fencing that would increase the height of the wall -
fence combination.
51. Access controls for the proposed new bridge across Acacia Creek shall be
approved to the satisfaction of the Fire Department and shall be in accordance
with City Engineering Standards. An offsite easement or license agreement may
be required from the property owner at 650 Tank Farm to construct or improve any
required emergency access or proposed construction access across the adjoining
parcel.
52. Unless a phased construction plan is approved by the Community Development
Department, all access roads, required secondary access, fire department access,
and any required fire hydrant installations shall be completed prior to commencing
with combustible construction.
53. Any required or proposed secondary access road(s) shall comply with City
Standards and guidelines, ADA standards, and the California Fire and Building
codes.
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54. The developer shall exhaust reasonable efforts to complete the final design and
construction of the off-site improvements to the ultimate plan to limit the amount of
throw away improvements. Phased, partial, or temporary improvements may be
considered and shall be approved to the satisfaction of the Public Works and
Community Development Departments. Temporary improvements may include
water quality treatment BMPs.
55. An offsite easement or license agreement may be required from Chevron to
construct the proposed Tank Farm and Santa Fe improvements.
56. Offers of dedication will be required for any Tank Farm Road widening, round -a-
bout construction, Santa Fe Road construction, cul-de-sac improvements, grading,
drainage, and slope easements.
57. The Tank Farm Road improvements shall conform to any existing endorsed and
entitled designs and/or built-out improvements or shall provide for a reasonable
transition to the existing unimproved sections to the satisfaction of the Public
Works Department.
58. Except as set forth herein, all public improvements, including any off -site
improvements, shall be designed, and completed to the satisfaction of the Public
Works Department, Utilities Department and Fire Department. Public
Improvements shall be in substantial conformance with the Airport Area Specific
Plan (AASP), Active Transportation Plan, and City Standard Specifications and
Engineering Standards, except where the project applicant and/or the City have
requested and been granted a formal design exception. Where conflicts occur
between the AASP and other adopted City Standards, plans or policies, final
determination shall be provided by the City Engineer.
59. Unless stated otherwise in these conditions of approval, the public improvements
related to this development shall be approved or substantially approved to the
satisfaction of the Public Works and Community Development Departments prior
to issuance of any building permits and improvements shall be comple ted prior to
issuance of first occupancy permits. Prior to approval of any deferrals, the project
applicant shall demonstrate that the construction of the required improvements is
impractical to the satisfaction of the Community Development and Public Works
Directors.
60. Plans submitted for a building permit should include a phased improvement plan
with alternate designs and transitions, subject to the satisfaction of the Public
Works and Community Development Directors.
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61. The project applicant shall be responsible for acquiring any off-site
dedication/acquisition of property for public right -of-way purposes necessary to
facilitate orderly development of the public improvements required to be
constructed by the applicant as described herein. The project applicant shall work
with the City and the landowner(s) to acquire the necessary rights -of-way. In the
event the applicant is unable to acquire said rights -of-way, the City Council may
consider lending the applicant its powers of condemnation to acquire the off -site
right-of-way dedication, including any necessary slope and drainage easements.
If condemnation is required, the applicant shall agree to pay all costs associated
with the off-site right-of-way acquisition (including attorney fees and court costs).
It should be noted that some right-of-way acquisition may require coordination with
and approval by the County of San Luis Obispo.
62. With respect to any off-site improvements, prior to the approval of the development
improvement plans or the filing of the Parcel Map, the developer/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 Gove rnment
Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into
an agreement with the City to pay all costs of such acquisition including, but
not limited to, all costs associated with condemnation. Said agreement shall be
in a form acceptable to the City Engineer and the City Attorney. If condemnation
proceedings are required, the subdivider shall submit, in a form acceptable to
the City Engineer, the following documents regarding the property to be
acquired:
i. Property legal description and sketch stamped and signed by a Licensed
Land Surveyor or Civil Engineer authorized to practice land surveying in the
State of California.
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity
to accompany the appraiser during any inspection of the property or
acknowledge in writing that they knowingly waived the right to do so;
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.
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63. All public utilities including water, recycled water, sewer, and public storm drain
systems shall comply with City Engineering Standards. The final line and grade
for all public utilities shall be approved to the satisfaction of the Public Works and
Utilities departments.
64. The improvement plans shall show the water, fire, and recycled water service
connections, meters, and backflow prevention devices designe d per City
Engineering Standards. The services shall remain perpendicular to the main/street
rights-of-way until they reach their respective meters or backflow prevention
device. Changes in direction to serve the private on-sight system shall occur on
private property and not within the respective public rights-of-way.
65. The improvement plan submittal shall include a sewer system analysis to establish
the sizing, line, and grade for the public sewer main extension in Santa Fe to the
satisfaction of the Public Works and Utilities departments. The analysis shall
consider the proposed sewer depth needed to provide adequate gravity service to
adjoining parcels in accordance with any Specific Plan, Sewer Master Plan, and
previously submitted area tentative map designs as required for orderly
development. The depth design should also consider construction and future
maintenance costs by limiting the depth to what is needed to serve a defined sewer
basin.
66. Street naming of the private streets and site addressing shall be established
through the building permit and subdivision mapping and improvement plan review
processes in accordance with City guidelines.
67. The parking and site development shall show and note compliance with the City’s
Parking and Driveway Standards, Community Design Guidelines, and the AASP.
68. Unless otherwise waived by the City, the use of pavers or alternate paving
materials as visual cues for pedestrians should be expanded to include some of
the more extensive parking areas serving the commercial lease spaces, common
area/Club House, the central pedestrian crossroads area, and the northerly shared
parking area on Lots 9 and 11 and the central area.
69. The final property line locations, site development, and building plans shall show
and note compliance with the California Building Code for building setbacks,
exterior wall protection, eave projections, openings, and access/egress. The final
development for the club house building Type F/#10 on Lot 6 shall be evaluated
for the proposed 2’-8” property line setback to the satisfaction of the Fire
Marshal/Building Official.
70. The existing access easements shall be abandoned or quit-claimed, where
necessary, prior to parcel map recordation or approval of the site development
plans.
71. Mailbox unit (MBUs) shall be provided on-site to the satisfaction of the Postal
Service and the City Planning Division. The number and location shall consider
access, convenience, and circulation requirements.
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72. Private site lighting shall be provided per City Engineering Standards.
73. The development/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; I) complete roadway deflection test ing 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.
74. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV
shall be served to each proposed lot to the satisfaction of the Public Works
Department and serving utility companies. All public and private sewer mains shall
be shown on the development/improvement plans and shall be constructed per the
City’s adopted codes and 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.
75. All new wire utilities shall be placed underground. The underground placement
shall be completed without a net increase in uti lity poles located within the public
right-of-way unless specifically approved to the satisfaction of the Public Works
and Community Development Departments.
76. The existing overhead wire services and service poles that are located on this
parcel and along the Tank Farm Road frontage shall be removed or services
placed underground within the limits and standards of the supplying utility
companies.
77. 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 for the use of recycled
water. Recycled water is readily available near the intersection of Tank Farm Road
and Orcutt Road.
78. The proposed tree removals are supported with the compensatory tree plantings
shown on the plans provided with the Planning Commission Agenda Report on
November 17, 2021, and as reviewed by the Tree Committee. The final tree
species, mix, and specimen size for all street trees and on-site trees shall be
approved by the Planning Division and City Arborist. All street trees shall be
planted per City Engineering Standards. Street trees, including parkway trees and
landscaping shall be irrigated and maintained by the developer, property owner, or
HOA.
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Engineering Division – Vesting Common Interest Parcel Map Conditions
79. The subdivision, required improvements, conditions, and mitigation measures
shall be in general conformance with the approved development project per
ARCH-0406-2021.
80. Unless otherwise approved for deferral or partial deferral by the City, park land and
park improvement fees shall be paid prior to map recordation or building permit
issuance, whichever occurs first.
81. 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 parce l map and/or shall be
recorded separately prior map recordation. Said easements may be provided for
in part or in total as blanket easements.
82. The parcel 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, utility undergrounding, bridges/culverts, bike bridges, transit
stops, bikeways, pedestrian paths, and intersection improvements.
83. The parcel map and improvement plans shall show and label the separate access
easements to and through the property to the east known as 650 Tank Farm.
84. The subdivider shall dedicate a 10’ wide street tree easement and 15’ wide public
utility easement (P.U.E.) across the Tank Farm Road frontage of each parcel. Said
easements shall be adjacent to and contiguous with all public right-of-way lines
bordering each parcel. Additional site-specific utility easements may be required
by PG&E or other wire utilities related to the required undergrounding and service
requirements for the development.
85. The preliminary PG&E memo shall be reviewed and endorsed by the City and the
engineer of record prior to final designs. Unless otherwise approved for deferral,
the final PG&E handout package(s) for all undergrounding along the southerly and
northerly map boundaries along with the development specific service
requirements shall be reviewed and approved by both the engineer of record and
the City.
86. Access rights shall be dedicated to the City along the Tank Farm Road and Santa
Fe Road frontages except at approved driveway locations. Said dedications shall
be shown and labeled on the parcel map.
87. The developer shall include any other out-of-tract offers of dedication related to the
need for public utility extensions related to orderly develop ment of the AASP that
are not otherwise located within a public street.
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88. All private improvements shall be owned and maintained by the individual property
owners, Homeowners Association, and/or a Property Owner’s Association as
applicable. A common area maintenance agreement or other guiding agreement
shall be provided in conjunction with the parcel map submittal. 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.
89. A separate easement-agreement shall be processed in a format approved by the
Utilities Department for any future access and maintenance of on-site public water
meters that are served off of a private mainline system
90. A notice of requirements or other agreement acceptable to the City may need to
be recorded in conjunction with the parcel 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.
91. Off-site improvements, easements and/or dedications may be required to facilitate
through street construction and transitions to the existing roadway, access, cul -de-
sac, round-a-bout, and public water, recycled water and sewer main extensions
beyond the map boundary and in accordance with the AASP.
92. 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 and a subdivision
agreement shall be provided for all subdivision improvements if the map will record
prior to completion of the improvements.
93. Unless phased or interim improvements are approved by the City, all pertinent
public and private subdivision improvements shall be completed prior to buil ding
permit and building permit final inspection approvals/occupancy, respectively.
94. With respect to any off-site improvements, prior to filing of the Parcel 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
e fforts 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
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Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptable to the City Engineer, the following documents
regarding the property to be acquired:
i. Property legal description and sketch stamped and signed by a
Licensed Land Surveyor or Civil Engineer authorized to practice land
surveying in the State of California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course
of obtaining such appraisal, the property owner(s) must be given an
opportunity to accompany the appraiser during any inspection of the
property or acknowledge in writing that they knowingly waived the
right to do so;
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.
95. 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.
96. 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.
97. The on-site drive aisles and parking areas shall comply with the Parking and
Driveway Standards and soils engineer recommendations.
98. 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.
99. Any jurisdictional permits and/or authorizations from the Army Corps of Engineers,
California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, 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.
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100. The map submittal shall clarify the limits and extent of the private access rights
shown and referenced on the tentative map and preliminary report. The easements
shall be terminated, quit-claimed, or otherwise adjusted prior to map recordation.
101. 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.
102. Private site lighting shall be provided per City Engineering Standards. Unless
otherwise waived by the City or an alternate method of pathway lighting is
approved, the creek walk/bikeway from the northerly tract boundary to/through the
campus to the adjoining public street(s) shall include pathway lighting per City
Engineering Standards and the City’s Bike Plan.
103. Improvement plans for the entire subdivision, including any off -site improvements
shall be approved or substantially approved to the satisfaction of the Public Works
Department, Utilities Department, and Fire Department prior to map recordation
and prior to building permit issuance.
104. 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. Any above grade or
buried structures and utilities affected by the proposed lot lines shall be removed
and receive final inspection approvals prior to map recordation.
105. A separate demolition permit is required from the building division for building
demolitions, if applicable. A separate permit is required from SLO County
Environmental Health and a plumbing permit from the City of SLO for the
abandonment of any water wells, if applicable.
106. The improvement plan submittal shall include a complete construction phasing
plan in accordance with the conditions of approval, City codes, and s tandards. 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.
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107. 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. Gas service is not required as a condition of the subdivision
if the applicant has documented the limits or absence of buildings proposing
mixed-fuel options.
108. 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.
109. 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.
110. 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) for any public or private irrigation meter shall
be paid prior to approval of the subdivision improvement plans and
commencement with construction for each construction phase.
111. The final pathway design, location, access controls, and construction shall be
approved by the Planning Division, Public Works Department, and Parks and
Recreation Department. A separate use or license agreement may b e required if
not otherwise covered within the property maintenance documentation or CCRs.
112. The public and private improvements are all considered part of the project site and
are subject to the Post Construction Stormwater Regulations as a common plan.
Stormwater Control Measures (SCMs) shall be located on private property unless
specifically allowed within the public rights-of-way by the Public Works
Department. If allowed, they shall be privately maintained under an encroachment
agreement unless certain and limited SCMs are approved for maintenance by the
City or County of San Luis Obispo.
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Transportation Division – Public Works
113. Transportation Impact Fees. Prior to issuance of building permits, the project
applicant 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. Payment of Citywide Transportation Impact Fees may be
deferred to issuance of first occupancy permits and total fees due may be reduced
to reflect approved fee credits pursuant to the terms of an approved Credit and
Reimbursement Agreement.
114. Reimbursement for Public Improvements. Project applicant may be eligible for
reimbursement for costs related to planning, desig n and construction of eligible
public improvements. A Public Credit/Reimbursement Agreement must be
obtained prior to building permit issuance to maintain eligibility for financial
reimbursement and shall be subject to approval by the City Council.
115. Tank Farm Road Frontage Improvements. Project applicant shall reconstruct the
Tank Farm Road project frontage to current City Engineering Standards. Unless
otherwise approved by the Public Works Director, plans submitted for Public
Improvement Plans shall include widening the northern side of Tank Farm to a
cross section that substantially conforms with the Airport Area Specific Plan and
Active Transportation Plan, which includes the following typical cross section
elements on the north half of the street: 5’ sidewalk / 7’ protected bike lane / 9’
parkway / curb and gutter / two westbound 12’-13’ auto lanes / raised median / one
existing eastbound auto lane / existing eastbound bike lane. Designs shall be
developed in coordination with the frontage improvements currently in
development for the adjacent 650 Tank Farm Road development to ensure that
appropriate geometric transitions. Improvements shall be approved or
substantially approved to the satisfaction of the Public Works and Community
Development Departments prior to issuance of any building permits and
improvements shall be completed prior to issuance of first occupancy permits.
116. Tank Farm/Santa Fe Roundabout. Project applicant shall be responsible for
constructing a roundabout at the intersection of Tank Farm Road & Santa Fe Road
(west). Unless otherwise approved by the Public Works Director, plans submitted
for Public Improvement Plans shall include both the near-term and ultimate layout
for the roundabout, with the near-term configuration reflecting improvements to be
constructed by the project applicant and the ultimate configuration to reflect
remaining improvements to be constructed at a future date by the City or others.
Near-term roundabout improvements shall include the following geometrics:
a. Landscaped center island with mountable truck apron.
b. Two continuous auto lanes approaching and continuing through the
roundabout in the westbound direction, tapering back down to a single lane
on Tank Farm Road west of the intersection.
c. One continuous lane approaching and continuing through the roundabout
in the eastbound direction.
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d. One approach lane and one departure lane at the north leg of the
roundabout.
e. No south leg of the roundabout.
f. Concrete curb/gutter and separated bicycle and pedestrian facilities to b e
constructed as permanent improvements along the northwest and northeast
quadrants of the roundabout, including the north leg within the functional
area of the roundabout.
g. Temporary improvements along the southern extent of the roundabout,
which may include an asphalt berm and asphalt shoulder/bike lane. All ADA
curb ramps at the roundabout shall be constructed in concrete.
h. Consistent with design guidance per the City’s Active Transportation Plan,
installation of Rapid Rectangular Flashing Beacons (RRFBs) shall be
considered at the crosswalks on the east and west legs of the intersection.
Ultimate improvements, which shall be included in roundabout design
drawings, but are not required to be constructed by the project applicant
include:
a. Widening to provide two continuous auto lanes approaching and continuing
through the roundabout in the eastbound direction.
b. Permanent construction of separated bicycle and pedestrian facilities on the
southwest and southeast quadrants of the roundabout.
c. Construction of the south leg of the roundabout.
Roundabout designs shall be developed in coordination with the frontage
improvements currently in development for the adjacent 650 Tank Farm Road
development to ensure that appropriate geometric transitions are provided
approaching/departing the roundabout. Improvements shall be approved or
substantially approved to the satisfaction of the Public Works and Community
Development Departments prior to issuance of any building permits and
improvements shall be completed prior to issuance of first occupancy permits.
Applicable costs incurred by the applicant in designing and constructing this
public improvement shall be eligible for reimbursement pursuant to the terms
of an approved Public Credit/Reimbursement Agreement.
117. Santa Fe Road Extension. Project applicant shall be responsible for constructing
a portion of the Santa Fe Road Extension north of Tank Farm Road, extending
approximately 570 feet north of Tank Farm Road. Unless otherwise approved by
the Public Works Director, plans submitted for Public Improvement Plans shall
include the following typical cross section elements listed from east to west: 5’
sidewalk / 7’ protected bike lane / 9’ parkway / curb and gutter / two 12’ auto lanes
/ 6.5’ bike lane / 2’ shoulder.
The northern terminus of the proposed Santa Fe Road Extension may be
constructed as an interim cul-de-sac or in the ultimate configuration, a single-lane
roundabout. If constructed as an interim cul-de-sac, the project applicant shall
provide preliminary design concepts for a future single-lane roundabout.
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Cul-de-sac plans should be designed to minimize potential throw-away work to a
reasonable extent, and final project property boundaries and right -of-way
dedications shall honor the anticipated footp rint required to accommodate the
future roundabout to the satisfaction of the Public Works Director. Improvements
shall be approved or substantially approved to the satisfaction of the Public Works
and Community Development Departments prior to issuance of any building
permits and improvements shall be completed prior to issuance of first occupancy
permits.
Applicable costs incurred by the applicant in designing and constructing this public
improvement shall be eligible for reimbursement pursuant to the ter ms of an
approved Public Credit/Reimbursement Agreement.
118. Tank Farm Road Shared-Use Path. The project applicant shall provide planning
and preliminary engineering support for a proposed shared -use bicycle/pedestrian
path along Tank Farm Road, as identified in the City’s Active Transportation Plan,
extending from the new Tank Farm/Santa Fe Road Roundabout west to either
Innovation Way or Old Windmill Lane, with detailed path alignment and extents to
be confirmed in coordination with the City Public Works Department. Planning and
design for the Tank Farm Shared-Use Path are to be developed at a sufficient level
of detail to provide for an accurate determination of construction quantities,
necessary rights-of-way acquisition, and grading to a level sufficient to conduct a
project-level environmental assessment. Such level of detail is described as a
“65% level of detail” and is equivalent to Caltrans specifications and requirements
for a Plans, Specifications and Estimates (“PS&E”) and as contained and
described in Chapter 2, Section 2-1 through Section 2-2, of Caltrans’ Plans
Preparation Manual, and in accordance with the City’s Improvement Standards
and Standard Specifications.
The project applicant shall provide environmental documentation that summarizes
relevant environmental analysis/concerns provided in previous environmental
reviews conducted to date (including the Project EIR and the Chevron EIR),
describe level of CEQA review anticipated to be required, and provide applicable
technical studies to support the City’s subsequent preparation of a formal CEQA
document.
The engineering design shall provide horizontal and vertical alignments, identify
utility conflicts, drainage strategy, grading needs, storm drainage solutions, and
demonstrate compliance with Regional Board and Drainage Design Manual Post
Construction Storm Water regulations, and the approach to creek/stream
crossings. There shall be a rights of way analysis which shall define the right -of-
way needed to construct the path, provide ROW exhibits and legal descriptions to
help guide future negotiations between the City and property owner(s). This level
of design requires a physical survey of the property, environmental studies such
as biology, soils, wetlands, cultural resources, and other, and a de tailed set of
plans with accurate vertical and horizontal design elements, structural calculations,
and accurate survey data. Finally, the work shall include an engineer’s Opinion of
Probable Cost (OPIC).
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Unless otherwise approved by the Public Works Dire ctor, notable deliverables
include the following:
a. Three alternative alignments and approaches for consideration and review
by the City. The City shall participate in the selection of these three
alternatives. These alternatives will be at a “schematic” level of detail with
general horizontal and vertical locations. After City comments (which may
include City Advisory body involvement to be managed by the City), the
three alternatives shall be refined and resubmitted to the City for selection
of one alternative. The relevant technical studies shall be submitted to the
City at this stage to inform City review, and for their comment and approval
by the City.
b. A refined alignment shall be presented to the City which reflects the further
development of the selected alternative. The level of detail shall be sufficient
to estimate construction quantities, structural design elements, rights of way
for the improvement, construction elements, earthwork calculations and
balance, and utility locations. An OPIC shall be prepared. This plan set shall
be submitted for City review and comment. City shall provide plan check
comments in a consistent, non-contradictory format for all relevant
departments and reviewers (Planning, Utilities, Engineering, Natural
Resources, etc.).
c. An environmental assessment and initial study shall be prepared based on
the selected alignment. The assessment shall include relevant technical
studies, evaluation of each environmental subject area contained in the
most current version of Appendix G of the CEQA Guidelines, analysis of the
compliance with the City’s VMT regulations for transportation construction
projects, and compliance with city development policies and regulations that
have been adopted for the purpose of environmental impact regulation and
mitigation.
d. A final set of plans shall be prepared with the form and content in Section
1.1 of Division 1010 of the Engineering Standards. A final OPIC shall be
prepared. No plan check or final permit is anticipated.
Unless otherwise approved by the Public Works Director, all work required by the
project applicant under this condition shall be completed prior to issuance of 1st
occupancy permits. Applicable costs incurred by the applicant in preparing this
work shall be eligible for reimbursement pursuant to the terms of an approved
Public Credit/Reimbursement Agreement.
119. Acacia Creek Shared-Use Path. The project applicant shall construct the Acacia
Creek Shared-use Path, as identified in the City’s Active Transportation Plan, with
an alignment generally following the west bank of Acacia Creek connecting Santa
Fe Road northeast to the Damon-Garcia Sports Park internal path network,
approximately 200 feet north of the project’s northern property line. Unless
otherwise approved by the Public Works Director, improvement plans shall include
a 12-foot-wide concrete path section per City Engineering Standard 7040 (Option
2), 2-foot clear shoulders, applicable path signage, striping, high-visibility markings
at driveway crossings, path lighting, and installation of a security gate on City
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property at the boundary between the project site and the Damon Garcia Sports
Fields. Details for the security gate shall be approved to the satisfaction of the City
Public Works and Parks and Recreation Departments.
The Acacia Creek shared-use path shall be privately maintained by the HOA,
private property owner(s), or property association. The pathway shall remain open
and usable as a site amenity and for potential circulation to the Damon Garcia
Sports Fields. The City shall reserve the right to control hours accessing the
Damon Garcia Sports Fields via this path. Temporary closures of the path by the
HOA or others shall be approved at the discretion of the City. The path shall be
included in the maintenance documents related to the proposed subdivision or in
conjunction with the approval of the development permits. A private
easement/agreement or blanket easement will be required to allow for the shared
use.
Path improvements shall be approved or substantially approved to the satisfaction
of the Public Works and Community Development Departments prior to issuance
of any building permits and improvements shall be completed prior to issuance of
first occupancy permits. Applicable costs incurred by the applicant in designi ng
and constructing this public improvement shall be eligible for reimbursement
pursuant to the terms of an approved Public Credit/Reimbursement Agreement.
120. Street Lighting. Unless otherwise approved by the Public Works Director,
improvement plans shall include the installation of public street lighting and all
associated facilities including but not limited to conduits, sidewalk vaults, fusing,
wiring and luminaires along the north side of Tank Farm Road and east side of
Santa Fe Road (along the project frontages) and within the Tank Farm/Santa Fe
Roundabout consistent with City Engineering Standards and best practice design
guidance for roundabout lighting design. Existing street lighting shall be shown on
the improvement plans for reference and will be considered in establishing the
required spacing, location, number, and type of fixtures.
121. Shared-Use Path Lighting. Unless otherwise approved by the Public W orks
Director, improvement plans shall include the installation of shared -use path
lighting along the extent of the Acacia Creek path and at the interface between
project site and pedestrian/bicycle/emergency vehicle only connection to the
adjacent 650 Tank Farm site. Path lighting design shall utilize City Standard path
lighting per Standard Plan 7905 (or City -approved equivalent solar product) and
all associated facilities including but not limited to conduits, sidewalk vaults, fusing,
and wiring. Path lighting shall be oriented in a manner that minimizes potential
light spillover into the Acacia Creek riparian area and may require backlight
shields.
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122. Access to 650 Tank Farm Property. Unless otherwise approved by the Public
Works Director, improvement plans shall include adequate access control
measures, such as removable bollards, signage, pavement markings and lighting
per City Engineering Standards at the interface between the project site and the
planned pedestrian/bicycle/emergency access only connection to the adjacent 650
Tank Farm site. Access control measures shall be approved to the satisfaction of
the City Public Works and Fire Departments.
123. On-Site Bicycle Parking. Short-term bicycle parking shall consist of Peak “high-low
staggered style” racks or City-approved equivalent. Short-term and long-term
bicycle parking shall comply with applicable design policies per the City’s Active
Transportation Plan. Short-term bike racks shall be located as close as practical
to the commercial business entry doors, club house entry, and the outdoor
recreation areas.
124. On-Site Auto Parking.
a. Plans submitted for building permit shall demonstrate that all on -site auto
parking stalls conform with City Engineering Standards 2210 -2260,
including addition of wheel stops where parking stalls front pedestrian
walkways to avoid vehicle encroachment into sidewalk space.
b. On-site improvement plans shall demonstrate that all on-site auto parking
located along the site access driveways from Tank Farm Road and Santa
Fe Road are set back a minimum of 36 feet from the adjacent street,
measured from the face of curb, unless otherwise approved by the Public
Works Director.
125. Intersection/Driveway Sight Distance. Improvement plans shall demonstrate that
all landscaping, entry signage/monuments or other vertical features exceeding 36
inches in height are located clear of applicable sight distance triangles at site
access driveways/intersections per City Engineering Standards. A separate
recorded declaration, covenant, agreement, or Notice of Requirements for private
property owner or HOA maintenance of sight lines may be required.
126. Pedestrian Connectivity. Unless otherwise approved by the Public Works Director,
the project applicant shall be responsible for constructing the following pedestrian
access improvements prior to issuance of first occupancy permits, unless
completed sooner by others (i.e., 650 Tank Farm and/or Northwest Corner
developments):
a. Install pedestrian signal and crosswalk at the east leg of the Tank
Farm/Mindbody signalized intersection.
b. Provide a continuous pedestrian connection along Tank Farm Road
between the 600 Tank Farm site and the intersection of Tank Farm/Broad.
If frontage improvements required by the adjacent 650 Tank Farm Road
development and 660 Tank Farm Road Development (Northwest Corner)
have not yet been constructed, a temporary pedestrian path of travel using
asphalt concrete may be accepted to the satisfaction of the City Engineer.
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127. Transit Stop. Prior to issuance of first building permits, Project applicant shall
provide payment of $25,000 to the City for installation of a future transit stop by
other property owners within the vicinity of the 600 Tank Farm development. The
ultimate location of this transit stop shall be confirmed by SLO Tra nsit and the City
Public Works Department and based on guidance in the City’s Active
Transportation Plan and Short-Range Transit Plan.
Fire Department
128. All access roads less than 26 feet in width, unobstructed, shall be posted as Fire
lane-No Parking”.
129. Buildings containing 2 or less dwelling units shall have NFPA 13D fire sprinkler
systems.
130. Buildings containing 3 or more dwelling units shall have NFPA 13 fire sprinkler
systems and standpipes in the stairwells. Floor control valves shall be collocated
in a fire sprinkler riser room with exterior door access.
Utilities Department – Vesting Common Interest Parcel Map Conditions
131. 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 along
public roads.
132. Due to shallow groundwater in this area heat fused HDPE sewer lateral(s) shall be
installed per the engineering design standards and connected into the existing
sewer main.
133. 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 to wash floor mats, equipment, and trash cans. The wash area
shall be drained to the sanitary sewer, and an environmental compliance permit
shall be filed prior to issuance of occupancy permit.
134. The project’s commercial and residential uses shall be metered separately. All
residential units are to be individually metered with a private m eter after the City’s
master public service meter per MC 16.20.020. Privately owned sub -meters may
be provided for residential apartments upon approval of the Utilities Director. The
CCR’s for the property/homeowner association shall require that the sub -meters
be read by the association (or P/HOA contracted service) and each billed
according to water use.
135. Building permit submittal shall clarify size of existing and proposed water services
and water meters for the project.
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136. The project shall install an 8” HDPE sewer main and manholes within Santa Fe
Road approximately 760 feet near the western boundary of the project’s frontage
improvements.
137. Any Existing well(s) shall be destroyed per County Health Requirements and the
California Department of Water Resources Standard Bulletin 74-81 and 74-90.
138. Water service meter(s) shall be adequately sized to serve the project’s proposed
units. Residential units shall be separately metered from the non -
residential/commercial units, and service lines shall not cross parce l boundaries
per MC 13.04.120
139. The project shall extend the existing 12” public water main within Tank Farm Road
approximately 750 feet near the southern part of the project’s frontage
improvements.
140. The project shall install an 8” public water main within Santa Fe Road
approximately 760 feet near the western boundary of the project’s frontage
improvements.
141. The project shall install an 8” recycled water main within Tank Farm Road
approximately 750 feet near the southern part of the project’s frontage
improvements.
142. The project shall install an 8” recycled water main within Santa Fe Road
approximately 760 feet near the western boundary of the project’s frontage
improvements.
143. The subdivision map must include a common interest parcel to include all the
landscape areas under one parcel if the private irrigation currently crosses parcel
boundaries. The blanket easement statement must comply with MC 16.01.010 and
16.10.020.
144. Recycled water shall be used for major construction activities, such as grading and
dust control as required under Prohibited Water Uses; Chapter 17.07.070.C of the
City’s Municipal Code. Recycled water is available through the City’s Construction
Water Permit program.
145. 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.
146. Projects generating more than two cubic yards of total waste shall comply with AB
1826, and local waste management ordinance to reduce greenhouse gas
emissions.
147. 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.
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148. The project will be required to provide a plan for the disposal, storage, and
collection of solid waste material for both the residential and commercial
components of the project. The development of the plan shall be coordinated with
San Luis Garbage Company. The plan must be submitted for approval by the City's
Solid Waste Coordinator.
149. Trash enclosure(s) shall conform the requirements by the San Luis Garbage
Company and refuse bins shall be sized to provide a reasonable level of service.
Separate refuse bins shall be accommodated within the site for the three (3) waste
streams, trash, recycling, and organics.
150. Driveways and access routes to all refuse receptacles shall be designed to
accommodate the size and weight of the garbage trucks; a written confirmation
from the San Luis Garbage Company shall be included in the building permit plans
for the proposed project.
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Indemnification
151. The applicant shall with counsel selected by the Cit y, 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 p roject, 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 .
On motion by Vice Mayor Christianson, seconded by Council Member Marx and
on the following roll call vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 1st day of February 2022.
___________________________
Mayor Erica A. Stewart
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
City Clerk
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2/15/2022 | 2:24 PM PST
Findings of Fact and Statement of Overriding Considerations
600 Tank Farm Residential Mixed-Use Project
City of San Luis Obispo October 2021
1
EXHIBIT A
SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo (City) considers and relies on the Final Environmental
Impact Report (EIR; State Clearinghouse Number 2020110426) for the proposed 600 Tank Farm
Residential Mixed-Use Project (Project) in determining to approve the Project, amend the General Plan
Map, rezone the property, and amend the Airport Area Specific Plan (AASP). The Project includes a
General Plan Amendment, Zoning Amendment, AASP Amendment, Conceptual Site Plan, and Major
Development Review to allow for development of the 11.1-acre site.
The Final EIR consists of the Draft EIR with changes in response to public comments, written responses
to comments received on the Draft EIR, identification of persons and agencies that commented on the
Draft EIR, a Mitigation Monitoring and Reporting Program (MMRP), and technical appendices. The City
Council has received, reviewed, considered, and relied on the information contained in the Final EIR, as
well as information provided at hearings and submissions of testimony from official participating
agencies, the public, and other agencies and organizations.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code require a Lead Agency to adopt findings for each significant
environmental impact disclosed in an EIR. Specifically, for each significant impact, the Lead Agency
must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
The California Code of Regulations, Title 14, Section 15091(b) requires that the City’s findings be
supported by substantial evidence in the record. Accordingly, the Lead Agency’s record consists of the
following:
• Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the Lead Agency during public review and the public hearings on the 600 Tank Farm
Residential Mixed-Use Project.
• The City of San Luis Obispo 600 Tank Farm Residential Mixed-Use Project Final Environmental
Impact Report (September 2021).
The Final EIR, AASP, and other portions of the administrative record are available for review at:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
Contact: Shawna Scott
(805) 781-7176
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Findings of Fact and Statement of Overriding Considerations
600 Tank Farm Residential Mixed-Use Project
City of San Luis Obispo October 2021
2
In addition to making a finding for each significant impact, if the Lead Agency approves a project without
mitigating all the significant impacts, it must prepare a statement of overriding considerations, in which it
balances the benefits of the project against the unavoidable environmental risks. The statement of
overriding considerations must explain the social, economic, or other reasons for approving the project
despite its environmental impacts (14 CCR 15093, Pub. Res. Code 21081).
This document contains the findings and statement of overriding considerations for the approval of the
Project and reflects the City’s independent judgment. This document incorporates by reference the Final
EIR.
Having received, reviewed and considered the foregoing information, as well as all information in the
record, the City Council of the City of San Luis Obispo hereby makes these Findi ngs pursuant to, and in
accordance with, Section 21081 of the Public Resources Code.
DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
Findings of Fact and Statement of Overriding Considerations
600 Tank Farm Residential Mixed-Use Project
City of San Luis Obispo October 2021
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SECTION 2. PROJECT DESCRIPTION
A. PROJECT OBJECTIVES
The Final EIR objectives for the Project include:
Develop an economically feasible plan that is consistent with, and implements, policies within the
City’s General Plan and AASP.
Establish a complete internally and externally “linked” mixed use community with amenities such
as neighborhood parks and commercial goods and services that can serve the neighborhood.
Provide a variety of housing opportunities for a wide range of socioeconomic groups and
affordability levels, and at average unit sizes that are below current City averages.
Develop a Project with the maximum number of units permitted by the underlying zoning,
approximately 280 residential units, with approximately 261,200 square feet of total residential
floor space and 12,500 square feet of commercial floor space.
Develop the Acacia Creek frontage in a manner that provides that area as a Project amenity
without jeopardizing the creek’s biological resources or riparian qualities.
Implement the City-planned Tank Farm Road/Santa Fe Road (west) roundabout and
infrastructure improvements to improve traffic flow and safety for all road users in a manner that
does not exceed the level of impact fees generated on-site over the buildout of the project.
Provide a well-connected internal network of bicycle paths, pedestrian sidewalks, open space
buffers, private parks, and spaces for recreational activities, including development of a shared-
use bicycle/pedestrian path between Tank Farm Road and Damon-Garcia Sports Fields within
the 35’ creek setback, and protected bike lanes consistent with the Active Transportation Plan.
Provide City-identified roadway network improvements that meet current and long-term traffic
projections with preference for non-vehicular traffic modes.
Market and orient the project to the surrounding employers to reduce vehicle miles travelled and
to maximize the use of non-vehicular traffic modes.
Develop a project that complies with the safety, noise and overflight policies of the City’s Airport
Overlay Zone and the San Luis Obispo County Airport Land Use Plan.
B. PROPOSED PROJECT
The project entitlements would change the land use designation from Business Park to Service
Commercial with the Specific Plan overlay (C-S-SP), which would allow a mixed-use project providing
up to 280 residential units and commercial-service/office uses defined in AASP Table 4.3. The project
site would be developed at a density of 25.7 units per acre, with shared public and private open spaces,
common yards, and a recreation center with a community building. The proposed residential development
would include a mix of one-bedroom, two-bedroom, and three-bedroom units as detailed in Table 1.
Balconies and outdoor activity areas would be located on the north and east faces of the buildings to
minimize exposure to vehicle noise from Tank Farm Road and aircraft flyovers from the San Luis Obispo
County Regional Airport. The proposed zoning would allow for up to 12,500 square feet of commercial-
service/office space, which would be located in Buildings 1 and 2 shown in Figure 1.
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City of San Luis Obispo October 2021
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Table 1. Project Characteristics
Unit Type1 Size (sf) Units
Residential
Area (sf)
Non-Residential
Area (sf)
Acres
(net) Units/Acre2
Townhomes and
Cluster Units
750-1,450 140 154,000 n/a 6.5 21.5
Stacked Flats 600-925 100 85,700 n/a 2.9 34.5
Mixed Use
(studio and 1-bed)
450-625 40 21,500 12,500 1.5 26.7
Total 450-1,450 280 261,200 12,500 10.9 25.7
sf = square feet
The project also includes a 2,250-square foot clubhouse building with a 2,800-square foot patio area. The
clubhouse building would provide meeting areas, an indoor game area, a common lounge, administrative
office area, and a community kitchen. The building would also serve as a temporary sales office and an
administrative building during project sales and construction.
The project’s required creek setbacks, common areas and open space in the northwest corner of the
project site would result in 20 percent of the site being landscaped common open space, including play
areas, tot lots, and landscape parkways. Bike and pedestrian trips would be facilitated by a proposed
connection to the 650 Tank Farm Road property and extension of the onsite shared-use path to the shared-
use path at the Damon-Garcia Sports Fields to the north. The proposed project is requesting a minimum
setback of approximately 10 feet from the average top of bank for a bicycle/pedestrian path to connect to
Damon-Garcia Sports Fields (and an average shared-use path of 20 feet) and a minor exception for a
maximum 10-foot encroachment into the setback for portions of Buildings 14 and 21 from the average top
of bank.
The project would be required to contribute its fair share toward transportation improvements envisioned
in the General Plan Circulation Element and shown in the AASP. Transportation improvements funded or
constructed by this project include widening Tank Farm Road along the project frontage (provides two
westbound auto lanes, protected bike lanes, curb/gutter, sidewalk and parkway on the north side of the
street), construction of a roundabout at the intersection of Tank Farm Road and Santa Fe Road (west), and
construction of a portion of the Santa Fe Road Extension north of Tank Farm Road (including two travel
lanes, sidewalks and protected bike lanes on the east side). Stormwater runoff from these improvements
would be directed to a planned retention basin located at the northwest corner of the proposed
roundabout.
In addition to the transportation improvements included in the project, the project applicant would be
required to provide preliminary planning and engineering support for a future shared-use
pedestrian/bicycle path along Tank Farm Road from Santa Fe Road west to Innovation Way (4,700 feet
west of Santa Fe Road), as identified in the City’s Active Transportation Plan.
These elements of the Project are further described in the Final EIR, which is available at the following
link: https://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents/-folder-2187
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City of San Luis Obispo October 2021
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Figure 1. Project Site Plan
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Findings of Fact and Statement of Overriding Considerations
600 Tank Farm Residential Mixed-Use Project
City of San Luis Obispo October 2021
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SECTION 3. ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The Final EIR was prepared in compliance with CEQA and the State CEQA Guidelines. In accordance
with Section 15121 of the State CEQA Guidelines, the purpose of the Final EIR is to serve as an
informational document for the public and City decision makers.
Pursuant to CEQA Guidelines Section 15182, “where a public agency has prepared an EIR on a specific
plan after January 1, 1980, a residential project undertaken pursuant to and in conformity to that specific
plan is exempt from CEQA,” as long as the residential project is within the scope of the EIR, no new or
more severe environmental effects would occur, and no new mitigation measures are required for the
residential project.
In accordance with Section 15105 of the State CEQA Guidelines, the Draft EIR was circulated for a 50-
day public review period that began June 5, 2021 and concluded on August 3, 2021. The City held a
Planning Commission Hearing public workshop on July 14, 2021 to receive public testimony in the form
of verbal comments on the Draft EIR.
Responses to each written and verbal comment that the City received are included in Section 8.0,
Response to Comments of the Final EIR. The Draft EIR and Response to Comments collectively comprise
the Final EIR for the Project.
B. IMPACT ANALYSIS
Four categories of impacts are identified in the Final EIR:
• No impact would result when no change in the environment would occur; no mitigation would be
required.
• A less than significant impact is an adverse impact that does not meet or exceed the applicable
significance criteria thresholds for a particular resource. Generally, no mitigation measures are
required for less than significant impacts; only compliance with standard regulatory conditions
would be required. However, mitigation may still be recommended should the lead or responsible
agency deem it appropriate to reduce the impact to the maximum extent feasible, as long as there
is rough proportionality between the environmental impacts caused by the project and the
mitigation measures imposed on the project.
• A less than significant impact with mitigation is an adverse impact that would cause a substantial
adverse effect that meets or exceeds the applicable significance criteria thresholds for a particular
resource, but which can be reduced to a less than significant level through successful
implementation of identified mitigation measures.
• A significant and unavoidable impact would cause a substantial adverse effect on the environment
that meets or exceeds the applicable significance criteria thresholds for a particular resource, and
no feasible mitigation measures would be available to reduce the impact to a less than significant
level.
Determinations of significance levels in the Final EIR are made based on impact significance criteria and
State CEQA Guidelines for each environmental resource.
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SECTION 4. FINDINGS FOR LESS THAN SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE PROJECT
The findings below are for impacts that are adverse, but would not result in significant effects on the
natural or human environment.
The City Council concludes that the following impacts would result in adverse but less than significant
effects on the natural or human environment. The impacts identified in this section are considered in the
same sequence in which they appear in the Final EIR.
A. AIR QUALITY
1. Impact AQ-1: The Project would be consistent with the SLOAPCD Clean Air Plan growth
assumptions because it would be consistent with the population projections, it would result in a net
reduction in regional vehicle miles traveled (VMT) and regional residential VMT and not exceed the
Clean Air Plan VMT projections for the project site, and the project is consistent with the Land Use
Strategies and Transportation Control Measures in the Clean Air Plan. Therefore, impacts would be
less than significant (Refer to page 4.1-13 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact AQ-2: Emissions associated with Project construction and operation would not exceed
applicable SLOAPCD thresholds for local or regional emissions. Therefore, impacts would be less
than significant (Refer to page 4.1-15 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Air Quality Impacts: The Project would be within the population projections of the
SLOAPCD Clean Air Plan and because the Project would be substantially consistent with
transportation control measures and land use strategies provided in the Clean Air Plan, the Project
would not contribute considerably to a potential Clean Air Plan consistency impact. Impacts
associated with CO hotspots or TACs tend to be localized to individual project sites and the
immediate vicinity. As a result, the project-level evaluations of these pollutants consider the
cumulative nature of these pollutants. Because the Project would not result in or be exposed to
concentrations of localized pollutants that would exceed applicable SLOAPCD thresholds, the Project
would not expose sensitive receptors to a cumulatively considerable impact associated with CO
hotspots, TACs, or valley fever (Refer to page 4.1-21 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
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Findings of Fact and Statement of Overriding Considerations
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B. BIOLOGICAL RESOURCES
1. Impact BIO-3: The Project site has low suitability for wildlife movement due to the existing level of
disturbance and human activity. Also, the Project would not affect the movement of native fish
because no project elements would directly affect the Acacia Creek channel. Due to the existing low-
quality and limited wildlife movement habitat and the existing baseline of human presence within the
vicinity of the Project site, wildlife movement would not be significantly diminished. Therefore,
impacts would be less than significant (Refer to page 4.2-35 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact BIO-4: The Project would be required to comply with the City’s Tree Ordinance and the
Tree Regulations in Chapter 12.24 of the San Luis Obispo Municipal Code, which require
compensatory tree planting for any existing trees removed. Zoning Regulations section 17.70.030
stipulates that an exception to the creek setback requirements may be considered where substantiated
evidence is available that a project will result in better implementation of other Zoning Regulations or
General Plan policies while allowing reasonable use of the site. The encroachment area would not
significantly degrade the riparian corridor. The Project proposes an increase in the riparian setback
elsewhere along the corridor, with a riparian setback that averages approximately 40 feet. Therefore,
impacts would be less than significant. (Refer to page 4.2-35 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
C. ENERGY
1. Impact E-1: Temporary Project construction would comply with state measures to reduce the
inefficient, wasteful, or unnecessary consumption of energy. The use of energy to construct the
Project would not be unnecessary because the intention of the project is to provide additional housing.
Project operation would include energy efficiency measures including the installation of solar panels
and an all-electric design in compliance with the City’s Clean Energy Choice Program. As a result,
energy consumption resulting from the proposed built environment would not be wasteful, inefficient,
or unnecessary. Therefore, impacts would be less than significant (Refer to page 4.4-10 of the Final
EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact E-2: The Project includes energy efficiency measures to achieve net-zero energy
requirements in the City’s Clean Energy Choice Program for New Buildings and the applicant has
committed to providing electricity through Central Coast Community Energy’s community choice
energy program. The proposed bicycle and pedestrian facilities and access would encourage the use
of alternative transportation modes, which would reduce VMT and associated fuel consumption.
Therefore, the Project would not conflict with or obstruct implementation of the City’s 2020 Climate
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Action Plan or Clean Energy Choice Program for New Buildings, or any other applicable plans for
renewable energy and impacts would be less than significant. (Refer to page 4.4-13 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Energy Impacts: The City’s Clean Energy Choice Program for New Buildings, which
includes incentives and local amendments to the 2019 California Energy Code, and new iterations of
the California Building Energy Efficiency Standards and CALGreen would require increasingly more
efficient appliances and building materials that reduce energy consumption in cumulative
development in the City of San Luis Obispo in addition to the Project. In addition, county-wide
vehicle fuel efficiency is anticipated to continue improving through implementation of the existing
Pavley regulations under AB 1493, and implementation of the San Luis Obispo Council of
Governments 2019 Regional Transportation Plan would reduce per capita VMT. As a result, the
Project would not have a cumulatively considerable contribution to a significant cumulative impact
related to the wasteful, inefficient, and unnecessary consumption of energy resources (Refer to page
4.4-13 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect.
D. GREENHOUSE GAS EMISSIONS
1. Impact GHG-1: The Project would generate temporary GHG emissions primarily as a result of
operation of construction equipment on-site as well as from vehicles transporting construction
workers to and from the project site. Operation of the project would generate GHG emissions
associated with area sources (e.g., landscape maintenance), energy and water usage, vehicle trips, and
wastewater and solid waste generation. However, the Project would be consistent with the City of San
Luis Obispo’s 2020 CAP because project GHG emissions would be less GHG intensive than
development anticipated for the existing General Plan land use designation for the site and would be
consistent with the City’s CEQA GHG Emissions Analysis Compliance Checklist. Therefore, the
Project’s potential impact associated with GHG emissions and greenhouse has reduction plan
consistency would be less than significant. (Refer to page 4.5-15 of the Final EIR).
a. Mitigation: None Required. The Draft EIR included Mitigation Measure GHG-1(a) which would
have required the project applicant to prepare and implement a Greenhouse Gas Reduction
Program. This mitigation was found to reduce the project’s GHG emissions. However, the Draft
EIR determined that, due to limited GHG emissions reductions that would be achievable through
on-site GHG reduction measures and limits on the use of off-site reduction credits and/or carbon
offsets, it would be speculative to determine that Mitigation Measure GHG-1(a) would reduce the
Project’s GHG emissions below the applicable threshold of significance and concluded that the
GHG impact would remain significant and unavoidable.
During preparation of the Final EIR, City staff reviewed the methodology used to determine the
project’s consistency with the Climate Action Plan and the basis for determining the potential
buildout of the existing General Plan land use designation. As a result, Impact GHG-1 was
revised to include a comparison of the proposed project’s GHG emissions to the potential GHG
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emissions estimated from development anticipated for the existing General Plan land use
designation, and in compliance with the Climate Action Plan methodology for projects which
would result in new development with lower GHG intensity than development anticipated for the
existing land use designation, the project was evaluated using the CEQA GHG Emissions
Analysis Compliance Checklist. With these revisions, Draft EIR Mitigation Measure GHG-1(a)
was rejected because it was found to no longer be required to ensure the Project would be
consistent with the City’s Climate Action Plan. Therefore, no mitigation is required to reduce the
Project’s impacts associated with GHG emissions.
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Cumulative Greenhouse Gas Emission Impacts: The geographic scope for related projects
considered in the cumulative impact analysis for GHG emissions is global because the impacts of
climate change are experienced on a global scale regardless of the location of GHG emission sources.
Therefore, GHG emissions and climate change are, by definition, cumulative impacts. The Project is
consistent with the City’s 2020 CAP. Impacts from the proposed project would therefore not be
cumulatively considerable. (Refer to page 4.5-21 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
E. HAZARDS AND HAZARDOUS MATERIALS
1. Impact HAZ-2: In conjunction with the City’s LUCE update process completed in 2014, the LUE
and associated Airport Safety Zones were developed with the updated safety and hazards
considerations identified in the 2014 Airport Land Use Compatibility Report. With the Airpo rt Land
Use Commission’s adoption of the updated Airport Land Use Plan in 2021, the project site is not
located within identified Aviation Safety Areas/Airport Safety Zones. Because the project site is not
located within an identified Aviation Safety Area in the City’s adopted LUE or an Airport Safety
Zone that limits residential development in the ALUC’s adopted ALUP, and because the Project does
not include any components that would pose risks to air navigation, or otherwise expose people or
workers to airport related risks, no substantial aviation-related safety hazard to residents or
commercial employees or patrons within the project site are expected to occur as result of the Project
and impacts would be less than significant. (Refer to page 4.6-17 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Hazards and Hazardous Materials Impacts: Overall, hazards and hazardous materials
impacts associated with individual developments are site specific in nature and must be addressed on
a case-by-case basis. Since hazards and hazardous materials are required to be examined as part of the
permit application and environmental review process, potential impacts associated with individual
projects will be adequately addressed prior to permit approval. Therefore, cumulative hazardous
material impacts would be less than significant. Cumulative projects area also within the ALUP
Safety Areas, thereby potentially exposing persons to risk of airport safety hazards. These primarily
include residential units and commercial development projects near the airport as well as Specific
Plans and Specific Plan amendments, including the San Luis Ranch Specific Plan and Airport Area
Specific Plan projects. However, these projects are subject to review of airport-related hazards during
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the environmental review process and by the ALUC, which would ensure that development does not
impose an aviation-related hazard on structures or people. Potential impacts associated with
transportation hazards would be site-specific and would not have corresponding cumulative effects.
Therefore, cumulative impacts would be less than significant. (Refer to page 4.6-22 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant impact.
F. HYDROLOGY AND WATER QUALITY
1. Impact HWQ-1: Project construction activities would not directly affect Acacia Creek because the
Project does not include physical improvements to the creek. Both phases of Project construction
would be required to comply with the requirements of the Construction General Permit, which
requires preparation and implementation of a SWPPP. The SWPPP would detail Erosion Control,
Sediment Control, and Good Housekeeping BMPs to be implemented during project construction to
minimize erosion, retain sediment on site, control flooding, and reduce pollutant discharge to
stormwater to a less than significant level. Implementation of BMPs in compliance with City and
Phase II MS4 Permit drainage and water quality requirement would ensure that operational impacts
related to on- or off-site erosion or siltation, flooding, and additional sources of polluted runoff would
support stormwater runoff for the Project. Therefore, potential erosion, flooding, and associated water
quality impacts would be less than significant. (Refer to page 4.7-13 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact HWQ-2: The Project does not involve grading or placement of structures within Acacia
Creek channel that could impede or redirect flood flows. The eastern portion of the Project site is
within an existing 100-year flood zone. However, creek setbacks and compliance with FEMA and
City regulations would ensure that the Project would not place structures within a 100-year flood
hazard area which could impede or redirect flood flows. In addition, with retention BMPs in
compliance with City and Phase II MS4 Permit requirements, the Project would not increase
discharge to Acacia Creek beyond the allowable 5 percent increase for the 2-year through 100-year
storm event. Therefore, the Project would not substantially alter or increase flood flows or change the
morphology of Acacia Creek downstream of the project site and impacts would be less than
significant. (Refer to page 4.7-17 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Hydrology and Water Quality Impacts: Compliance with NPDES and local water
quality requirements and City drainage design guidelines would minimize potentially significant
cumulative impacts. All projects that disturb one acre or more of soil must comply with the
requirements of the Construction General Permit. Additionally, all projects that would create and/or
replace 5,000 square feet or more of impervious surface would be required to comply with the Phase
II MS4 Permit. The Project, as well as other cumulative development in City, would be required to
prepare a hydrology report and implement drainage facilities to minimize hydrologic impacts
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consistent with applicable City design guidelines. Compliance with the Construction General Permit,
the City drainage design guidelines, and the Phase II MS4 requirements would ensure that each
individual project would incorporate BMPs and other drainage facilities designed to address drainage
and surface water quality protection. As a result, cumulative impacts to water quality, drainage,
flooding, and sedimentation would be adverse, but less than significant (Refer to page 4.7-18 of the
Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant impact.
G. LAND USE AND PLANNING
1. Impact LU-1: The Project would be potentially consistent with all applicable General Plan and
AASP policies that minimize environmental effects such as water quality, scenic quality,
archaeological resource protection, and wildlife habitat protection. The required off-site
transportation improvements, including the roundabout and frontage improvements along Tank Farm
Road as well as the future alignment of Santa Fe Road are anticipated in the General Plan Circulation
Element. Therefore, the proposed transportation improvements are consistent with the City’s General
Plan and AASP. With City approval of the proposed rezone, the proposed mixed-use development
would be consistent with allowed uses in the C-S-SP zone. The ALUC reviewed the Project in
August 2021 and determined that development facilitated under the proposed AASP Amendment and
rezone would be consistent with the ALUP. Therefore, the Project would not conflict with applicable
policies or regulations relating to environmental effects in the General Plan, AASP, Municipal Code,
or ALUP and impacts would be less than significant. (Refer to page 4.8-5 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Cumulative Land Use and Planning Impacts: Potential environmental impacts from land use
conflicts are addressed on a case-by-case basis as individual projects are reviewed by city decision-
makers for consistency with adopted policies. Much of the anticipated cumulative development is the
City is planned within adopted specific plan areas and would be required to comply with buildout
densities and policies within the respective specific plans. Projects within the ALUP would be subject
to review and oversight by the ALUC, which would ensure compliance with the safety measures and
standards in the ALUP. In addition, residential projects would be subject to the growth management
policy established in Land Use Element Policy 1.11.2. Implementation of the City’s General Plan
policies and development standards and those in other adopted plans that relate to land use would
minimize cumulative land use impacts. Therefore, cumulative land use impacts would be less than
significant. (Refer to page 4.8-7 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant impact.
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H. NOISE
1. Impact N-2: Rooftop-mounted HVAC equipment on new buildings on the Project site would not
exceed standards in Section 17.76.100.B of the City’s Municipal Code or the City’s maximum
allowable noise exposure level. In addition, new vehicle trips would not increase ambient
transportation-related noise by 1 dBA or more. Therefore, the Project would not result in an
exceedance of the FTA’s criteria for significant increases in traffic noise. Impacts would be less than
significant. (Refer to page 4.9-19 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact N-3: The greatest anticipated source of vibration during general Project construction
activities would be from vibratory rollers, which may be used within approximately 200 feet of the
nearest off-site structures. However, vibration levels at nearby structures would be lower than the
strictest FTA construction vibration damage criterion and would not exceed Caltrans’ recommended
criterion for distinctly perceptible vibration from transient sources. Therefore, temporary impacts
associated with rollers (and other potential vibration-generating construction equipment) would be
less than significant. (Refer to page 4.9-21 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Noise Impacts:
On-site Operational Noise. Most cumulative projects are not located close enough to the project site
that operational noise would impact the same sensitive receivers. 650 and 660 Tank Farm Road are
located in proximity to the project site and their noise sources would be typical of multi-family
residential and commercial developments, and they would not generate noise levels at sensitive
receptors that exceed ambient noise levels from transportation sources. It is anticipated that nearby
cumulative projects would produce similar noise levels from HVAC equipment at adjacent property
lines. In this case, cumulative noise levels from on-site operational equipment would not approach
existing ambient noise levels from transportation sources. Therefore, cumulative projects, even those
near the project site, would not cause cumulative on-site operational noise impacts.
Vehicle Trip Noise. Cumulative projects, including the proposed project, would generate new vehicle
trips that result in a permanent increase in traffic noise. However, the project by itself would not
cause a detectable change in existing traffic noise levels on road segments with nearby sensitive
receptors. Similarly, the cumulative project at 650 Tank Farm Road would not increase traffic
volumes on nearby roadway segments by more than 4.6 percent, which would have a negli gible effect
on traffic noise. Based on the scale of trip generation by nearby cumulative projects, it is not
anticipated that these projects would combine to increase traffic noise to a perceptible extent.
Furthermore, the project would not considerably contribute to a cumulative increase in traffic noise.
(Refer to page 4.9-21 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the Project would have an adverse, but less than cumulatively
significant impact.
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I. UTILITIES AND SERVICE SYSTEMS
1. Impact U-1: Existing water conveyance and wastewater treatment infrastructure would have
adequate capacity to serve the Project. The project would not require new or expanded off-site water
and wastewater treatment, stormwater drainage facilities, electrical power, natural gas, or
telecommunication facilities. In addition, the construction of required utility connections would occur
on the project site and adjacent Tank Farm Road right-of-way and are accounted for in the discussion
of temporary construction impacts. Therefore, the project would not result in a significant impact
associated with the need for new or expanded utility facilities. (Refer to page 4.10-10 of the Final
EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact U-2: The Project would be required to obtain a Construction Water Permit which would
utilize recycled water for construction activities. The Project’s water demand would represent an
increase of approximately 1 percent in the City’s projected water demand and would consume
approximately 3.5 percent of the City’s available water supply. The City currently has sufficient
existing municipal water supply to provide water to the Project. In addition, WWME Policy A 5.2.5
requires new development to pay its proportionate share of water supplies, expanded treatment, and
distribution system capacity. Therefore, the potential impact to water supply would be less than
significant. (Refer to page 4.10-11 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact U-3: The proposed roundabout and frontage improvements along Tank Farm Road and the
future alignment of Santa Fe Road would not result in a long-term increase in wastewater demand.
The City has sufficient existing wastewater treatment capacity to serve the Project’s estimated
wastewater generation. The WRRF is currently undergoing construction to increase available
capacity, which is estimated to be completed in 2024. WWME Policy B 2.2.3 requires new
development to pay its proportionate share of expanded treatment and collection system capacity and
upgrades. Therefore, the potential impact to wastewater capacity would be less than significant.
(Refer to page 4.10-12 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than significant effect
4. Cumulative Utility and Service System Impacts: The City has available water supplies that exceed
estimated buildout demand, and the project would not contribute substantially to an increase in water
demand that would exceed the City’s overall potable water supply. Therefore, the Project would not
contribute considerably to a cumulative water supply impact. The City has adequate wastewater
treatment capacity to serve the anticipated the estimated buildout demand, and the Project would be
required to comply with WWME Policy B 2.2.3, which requires new development to pay its
proportionate or “fair share” of expanded treatment and collection system capacity and upgrades.
Therefore, the Project would not contribute considerably to a cumulative wastewater capacity impact.
Individual projects would be subject to the stormwater capture and treatment requirements of the
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applicable MS4 Permit and the City’s Drainage Master Plan and stormwater regulations, which would
reduce potential impacts to stormwater drainage facilities. Therefore, the potential cumulative impacts
to stormwater/drainage facilities would be less than significant. Future development, including the
proposed project, would be subject to applicable local, regional, State, and federal policies regarding
energy efficiency, and, the Project would not require additional electricity substations. Therefore, the
Project’s contribution to cumulative impacts on energy facilities would not be cumulatively
considerable. The Project would include telecommunications connections to existing lines and
systems, as service providers exist for the project site and vicinity. Therefore, the Project’s
contribution to cumulative impacts on energy facilities would not be cumulatively considerable.
(Refer to page 4.10-13 of the Final EIR).
a. Mitigation: None Required
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant impact.
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SECTION 5. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL
EFFECTS OF THE PROJECT THAT HAVE BEEN MITIGATED TO A
LESS THAN SIGNIFICANT LEVEL
The findings below are for impacts that would result in potentially significant effects on the natural
and/or human environment, but could be reduced to a less than significant level through feasible changes
or alterations to the Project or implementation of mitigation measures. When approving a project with
impacts that are less than significant with mitigation, the decision-makers must make findings that
changes or alterations to the project have been incorporated that reduce the impacts to a less than
significant level.
This section presents the Project’s significant environmental impacts and feasible mitigation measures.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code require a Lead Agency to make findings for each significant
environmental impact disclosed in an EIR. Specifically, for each significant impact, the Lead Agency
must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies impacts that can be fully avoided or reduced to a less than significant level through the
incorporation of feasible mitigation measures into the Project. The impacts identified in this section are
considered in the same sequence in which they appear in the Final EIR.
A. AIR QUALITY
1. Impact AQ-3: The Project would not expose sensitive receptors to substantial CO concentrations,
and localized air quality impacts related to CO hot spots would be less than significant. Project
construction activities, including grading and construction vehicle traffic, could generate substantial
localized quantities of dust and expose sensitive receptors to potential health hazards associated with
the Coccidioides fungus, and this impact would be potentially significant. In addition, the proposed
grading and excavation has the potential to encounter serpentine rock that may contain Naturally
Occurring Asbestos at locations on the property other than those tested, this impact would be
potentially significant. (Refer to page 4.1-17 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce impacts to sensitive
receptors to substantial pollutant concentrations as a result of development of the Project.
- Mitigation Measure AQ-3(a) Valley Fever Suppression Measures. The project developer
and contractor(s) shall prepare a Construction Valley Fever Plan to ensure the
implementation of the following measures during construction activities to reduce impacts
related to Valley Fever.
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a. Project construction activities shall implement standard SLOAPCD dust control
measures described in SLOAPCD’s 2012 CEQA Air Quality Handbook. SLOAPCD
dust control measures for projects with a grading area greater than 4 acres or that are
located within 1,000 feet of any sensitive receptor include watering of the grading site
and dirt stockpiles, vegetation and chemical soil stabilizer use on disturbed soil areas,
early roadway paving, construction vehicle speed control, minimum freeboard for
hauling vehicles, and vehicle wheel washing.
b. If peak daily wind speeds exceed 15 mph or peak daily temperatures exceed 95 degrees
Fahrenheit for three consecutive days, additional dust suppression measures (such as
additional water or the application of additional soil stabilizer) shall be implemented
prior to and immediately following ground disturbing activities. The additional dust
suppression shall continue until winds are 10 mph or lower and outdoor air
temperatures are below a peak daily temperature of 90 degrees for at least two
consecutive days.
c. The project developer(s) shall notify the San Luis Obispo County Public Health
Department and the City not more than 60 nor less than 30 days before construction
activities commence to allow the San Luis Obispo County Public Health Department
opportunity to provide educational outreach to community members and medical
providers, as well as enhanced disease surveillance in the area both during and after
construction activities involving grading.
d. Prior to any project grading activity, the project construction contractor(s) shall prepare
and implement a worker training program that describes potential health hazards
associated with Valley Fever, common symptoms, proper safety procedures to
minimize health hazards, and notification procedures if suspected work-related
symptoms are identified during construction, including the fact that certain ethnic
groups and immune-compromised persons are at greater risk of becoming ill with
Valley Fever. The objective of the training shall be to ensure the workers are aware of
the danger associated with Valley Fever. The worker training program shall be
included in the standard in-person training for project workers and shall identify safety
measures to be implemented by construction contractors during construction. Prior to
initiating any grading, the project developer shall provide the City and the San Luis
Obispo County Public Health Department with copies of all educational training
material for review and approval. No later than 30 days after any new employee or
employees begin work, the project developer shall submit evidence to the City that
each employee has acknowledged receipt of the training (e.g., sign-in sheets with a
statement verifying receipt and understanding of the training).
e. The developer shall work with a medical professional, in consultation with the San Luis
Obispo County Public Health Department, to develop an educational handout for on-
site workers and surrounding residents within 1,000 feet of the project site that includes
the following information on Valley Fever:
▪ Potential sources/causes
▪ Common symptoms
▪ Options or remedies available should someone be experiencing these symptoms
▪ The location of available testing for infection
Prior to construction permit issuance, this handout shall have been created by the
developer and reviewed by the City. No less than 30 days prior to any surface disturbance
(e.g., grading, filling, trenching) work commencing, this handout shall be mailed to all
existing residences within three miles of the project site
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— Mitigation Measure AQ-3(b) Naturally Occurring Asbestos Air Toxics Control Measure
Compliance. Consistent with the requirements of the NOA ATCM, the project developer
shall file an exemption request form with SLOAPCD including the geologic evaluation
documenting the conclusion that no serpentine is present at depths where proposed
grading/excavation would occur. The project developer shall comply with SLOAPCD
requirements associated with the exception, if granted, or with subsequent SLOAPCD
requirements resulting from the exemption request, which may include additional geologic
evaluation, dust mitigation, or air monitoring.
b. Finding: The City finds that the Mitigation Measure AQ-3(a) and AQ-3(b) would reduce impacts
to sensitive receptors to a less than significant level by requiring implementation of protective
measures to reduce health hazards associated with the Coccidioides fungus and complying with
SLOAPCD requirements for Naturally Occurring Asbestos.
B. BIOLOGICAL RESOURCES
1. Impact BIO-1: The proposed disturbance footprint on the Project site would impact the entirety of
the occurrences of Cambria morning-glory and Congdon’s tarplant. The proposed road and
infrastructure improvements to Tank Farm Road would likely impact the historic population of
Congdon’s tarplant within the project area south of Tank Farm Road. Project impacts to the on-site
occurrences of these special status plant species would be potentially significant. The Project also has
the potential to impact special-status animal species that have the potential to occur within the project
site based on the presence of suitable habitat. These species include Vernal pool fair shrimp,
California red-legged frog, western spadefoot, southwestern pond turtle, American badger, pallid bat,
Townsend’s big-eared bat, burrowing owl, and loggerhead shrike. Suitable nesting habitat is also
present for special status nesting bird species. Impacts to special status plant and animal species are
potentially significant. (Refer to page 4.2-19 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project construction and
operational impacts to sensitive plant and animal species.
— Mitigation Measure BIO-1(a) Construction Best Management Practices. The applicant
shall ensure the following general wildlife Best Management Practices (BMPs) are required
for construction activities for the project:
• Ground disturbance shall be limited to the minimum necessary to complete construction
activities. Construction limits of disturbance shall be flagged. All equipment and material
storage, parking, staging and other support areas shall be identified prior to issuance of a
grading permit. Areas of special biological concern within or adjacent to construction
limits shall have highly visible orange construction fencing installed between said area
and the limits of disturbance.
• All project construction activities shall occur during daylight hours (i.e., between sunrise
and sunset) and during dry weather conditions. Night lighting shall be prohibited.
• Upon completion of construction all excess materials and debris shall be removed from
the project construction area and disposed of appropriately.
• The work area shall remain clean. All food-related trash items shall be enclosed in sealed
containers and removed from the site weekly.
• Pets and firearms shall be prohibited at the construction site.
• All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100
feet from Acacia Creek and in a location where a spill would not drain toward aquatic
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habitat. A plan must be in place for prompt and effective response to any accidental spills
prior to the onset of work activities. All workers shall be informed of the appropriate
measures to take should an accidental spill occur.
• To control sedimentation during and after project implementation, appropriate erosion
control BMPs (e.g., use of coir rolls, jute netting, etc.) shall be implemented to minimize
adverse effects to Acacia Creek. No plastic monofilament netting shall be utilized on site.
• All equipment operating within aquatic habitat shall be in good conditions and free of
leaks. Spill containment shall be installed under all equipment staged within stream areas
and extra spill containment and clean up materials shall be located in close proximity for
easy access.
• At the end of each workday, excavations shall be secured with cover or a ramp provided
to prevent wildlife entrapment.
• All trenches, pipes, culverts or similar structures shall be inspected for animals prior to
burying, capping, moving, or filling.
Stockpiles of chemicals, drums, bagged materials, and other hazardous materials such as
propane, acetylene shall have pallets and/or secondary containment. Should a material spills
occur, City compliance monitoring staff shall be informed of the spill and materials and/or
contaminants shall be cleaned from the project construction area and recycled or disposed of
to the satisfaction of the City and in accordance with all applicable local, State, and federal
regulations
— Mitigation Measure BIO-1(b) Worker Environmental Awareness Program Training. Prior
to the initiation of construction activities (including staging and mobilization), a qualified
biologist shall provide all personnel associated with project construction with a Worker
Environmental Awareness Program (WEAP) training. The training will aid workers in
recognizing special status resources that may occur in the project area. The specifics of this
program shall include identification of the sensitive species and habitats, a description of the
regulatory status and general ecological characteristics of sensitive resources, and review of
the limits of construction and avoidance measures required to reduce impacts to biological
resources within the work area. A fact sheet conveying this information shall also be prepared
for distribution to all contractors, their employers, and other personnel involved with
construction of the project. All employees shall sign a form provided by the trainer
documenting they have attended the WEAP and understand the information presented to
them. Fact sheets shall be reviewed and approved by the City prior to conducting the training.
The required notification and an attendance log that includes the names and signatures of all
personnel that have received the training shall be provided to the City upon completion of the
training. The applicant shall notify City compliance monitoring staff of the date and time the
training is scheduled so that City staff may attend.
— Mitigation Measures BIO-1(c) Updated Surveys for Infrastructure Improvement Parcels.
Within the portions of the study area not currently owned by the applicant, but where
improvements are required to facilitate the project, the applicant shall conduct updated
surveys of sensitive species habitats (including special status plant species, CRLF, wetland
habitat, and VPFS habitat) within the appropriate season immediately prior to the onset of
any ground disturbances associated with project-related construction activities to evaluate the
current occupancy of suitable habitat for sensitive species and to refine the final habitat
mitigation replacement acreages. Updated surveys for federally listed species shall be
completed per the timing and methodology specified by resource agency protocol.
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If special status plant species are identified during the updated survey(s), the species shall be
incorporated into Special Status Plant Species Mitigation Plan in accordance with BIO-1(e).
The plan shall provide a minimum ratio of 2:1 (number of acres/individuals restored to
number of acres/individuals impacted) for impacts to any special status plant species with
California Rare Plant Rank (CRPR) of 1 or 2 and a minimum ratio of 1:1 for special status
plant species with CRPR 3 or 4. If a federally and/or state listed plant species is identified
during the surveys, the applicant shall avoid all impacts to the species. If avoidance is
infeasible, the applicant shall consult with the City and the United States Fish and Wildlife
Service and/or California Department of Fish and Wildlife, as applicable, for authorization of
take.
If CRLF is identified during the survey(s), BIO-1(f) shall be implemented during project
construction of the study area not currently owned by the applicant to ensure no take of
individual CRLF.
If VPFS are identified during the survey(s), BIO-1(d) shall be implemented during project
construction of the study area not currently owned by the applicant to ensure no take of
individual VPFS.
If vernal marsh or other season wetland habitat is identified during the survey(s) and impacts
to season wetland habitat cannot be avoided, a formal jurisdictional delineation shall be
completed for the feature(s). Impacts to the habitat shall be included in the Habitat Mitigation
and Monitoring Plan as detailed in BIO-2(b).
— Mitigation Measure BIO-1(d) Vernal Pool Fairy Shrimp Mitigation Plan. If VPFS are
present within the study area and may be impacted by project-related construction, a Vernal
Pool Fairy Shrimp Mitigation Plan shall be prepared which provides a minimum ratio of 1:1
(number of acres restored to number of acres impacted) for impacts to VPFS. The plan shall
identify the specific mitigation sites and can be prepared in conjunction with the Habitat
Mitigation and Monitoring Plan (BIO-2[b]). The plan shall include, at a minimum, the
following components:
• Description of the project/impact site (i.e., location, responsible parties, areas to be
impacted);
• Goal(s) of the compensatory mitigation project [area(s) of vernal pool fairy shrimp
habitat to be established and/or preserved;
• Description of the proposed compensatory mitigation receiver site(s) (location and size,
ownership status, existing conditions of the compensatory mitigation site); the receiver
site(s) shall be at least the size as the area currently occupied by the current population to
ensure the replacement ratio is achieved;
• Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan);
• Maintenance activities during the monitoring period, as appropriate (activities,
responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site, (performance standards, target
acreages to be established, and/or preserved, annual monitoring reports);
• Success criteria based on the goals and measurable objectives;
• An adaptive management program and remedial measures to address negative impacts to
restoration efforts;
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• Notification of completion of compensatory mitigation and agency confirmation; and
• Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism).
— Mitigation Measure BIO-1(e) Special Status Plant Mitigation Plan. A Special Status Plant
Mitigation Plan shall be prepared by a qualified botanist approved by the City, which will
provide a minimum ratio of 2:1 (number of acres/individuals restored to number of
acres/individuals impacted) for impacts to Congdon’s tarplant and a minimum ratio of 1:1 for
Cambria morning-glory. If project construction has not occurred by January 1, 2024,
seasonally timed botanical surveys shall be conducted to determine the current extent of the
special status plant species populations on site. The plan shall identify the specific mitigation
sites and can be prepared in conjunction with the Habitat Mitigation and Monitoring Plan
(BIO-2[b]). The plan shall include, at a minimum, the following components:
• Description of the project/impact site (i.e., location, responsible parties, areas to be
impacted by habitat type);
• Goal(s) of the compensatory mitigation project [area(s) of special status plant species to
be established and/or preserved;
• Description of the proposed compensatory mitigation receiver site(s) (location and size,
ownership status, existing conditions of the compensatory mitigation site); the receiver
site(s) shall be at least twice the size as the area currently occupied by the rare plant
occurrences to ensure the replacement ratio is achieved.
• Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan
[container sizes, seeding rates, etc.]);
• Maintenance activities during the monitoring period, including weed removal and
irrigation as appropriate (activities, responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site, (performance standards, target
acreages to be established, and/or preserved, annual monitoring reports);
• Success criteria based on the goals and measurable objectives;
• An adaptive management program and remedial measures to address negative impacts to
restoration efforts;
• Notification of completion of compensatory mitigation and agency confirmation; and
• Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism).
— Mitigation Measure BIO-1(f) California Red-Legged Frog Impact Avoidance and
Minimization. A qualified biologist(s) shall conduct a pre-construction survey for CRLF
within 48 hours prior to the initial onset of initial ground or vegetation disturbing activities.
All potentially suitable habitat for CRLF shall be surveyed during the daytime and again after
dark. The surveys shall include all areas where project construction activities will occur, as
well as a 300-foot buffer upstream and downstream of the project boundary in Acacia Creek.
If no individuals are found during the pre-construction survey, work may proceed with
monitoring as described below. If CRLF is found and the individual is likely to be injured or
killed by work activities, all work must stop and the individual will be allowed to move out of
harm’s way of its own volition then the applicant/developer shall comply with all relevant
requirements of the FESA prior to resuming project activities.
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A qualified biologist(s) shall monitor the removal of material and debris piles that may
contain cover for CRLF. If CRLF is identified within the construction area during project
construction, ground-disturbing activities shall immediately cease, and the individual will be
allowed to move out of harm’s way of its own volition before work activities may begin. If
the individual does not move out of harm’s way, the USFWS shall be notified and consulted.
Ground-disturbing activities shall commence following guidance from the USFWS and the
City. No CRLF shall be captured, handled, or relocated without approval by the USFWS.
— Mitigation Measure BIO-1(g) Southwestern Point Turtle and Western Spadefoot Impact
Avoidance and Minimization. A qualified biologist(s) shall conduct a pre-construction
survey for southwestern pond turtle and western spadefoot within 48 hours prior to the initial
onset of initial ground or vegetation disturbing activities. All potentially suitable habitat for
southwestern pond turtle, western spadefoot toad within the study area where project-related
activities would occur shall be surveyed. If southwestern pond turtle or western spadefoot is
found and the individual is likely to be injured or killed by work activities, all work must stop
and the individual will be allowed to move out of harm’s way of its own volition before work
activities may begin. Individuals may be relocated out of harm’s way by a qualified biologist,
if present, before work activities begin. The biologist(s) must relocate the any pond turtle or
western spadefoot the shortest distance possible to a location that contains suitable habitat
that is not likely to be affected by activities associated with the project.
A qualified biologist(s) shall monitor the removal of material and debris piles that may
contain cover for southwestern pond turtle and western spadefoot. If southwestern pond turtle
or western spadefoot is found and the individual is likely to be injured or killed by work
activities, all work must stop and the individual will be allowed to move out of harm’s way of
its own volition before work activities may begin. Individuals may be relocated out of harm’s
way by a qualified biologist, if present, before work activities begin. The biologist(s) must
relocate the any pond turtle or western spadefoot the shortest distance possible to a location
that contains suitable habitat that is not likely to be affected by activities associated with the
project.
— Mitigation Measure BIO-1(h) American Badger Impact Avoidance and Minimization. A
qualified biologist(s) shall conduct a pre-construction survey for potential American badger
dens within one week prior to the initial onset of initial ground or vegetation disturbing
activities. The survey shall be conducted within all project work areas and a 50-foot buffer.
Any potential dens/burrows found shall be identified with flagging or stakes, as feasible, and
a 50-foot no-work buffer shall be flagged. If any potential American badger dens are found
that cannot be avoided by the 50-foot buffer area, a qualified biologist will monitor the dens
and employ wildlife trail cameras and/or a tracking medium around dens and monitored daily
for at least three days to determine whether they are currently occupied by badgers. If the den
is determined not to be occupied by a badger or other special status wildlife species,
construction may commence.
No dens with young shall be disturbed, and no work shall be conducted within 50 feet of
maternal dens until they have left the den. Any occupied badger den that is being used by a
single adult with no young that cannot be avoided shall be blocked incrementally by placing
sticks or debris over the entrance for three to five days, to discourage the individual from
using the den. Only after the badger has left the den, as determined by the qualified biologist
implementing the wildlife camera and/or tracking medium methods, can the den be concluded
as unoccupied and the work proceed within the no-work buffer.
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— Mitigation Measure BIO-1(i) Pallid Bat and Townsend’s Big-Eared Bat Impact Avoidance
and Minimization. The applicant shall ensure the following actions are implemented to avoid
and minimize potential impacts to special status bat species:
Within one week prior to construction activities, including tree removal, a qualified biologist
shall conduct a survey of the trees proposed to be removed within the construction area to
determine if roosting bats are present during the non-breeding season (November through
March). If a colony of bats is found roosting in any tree or structure, further surveys shall be
conducted sufficient to determine the species present and the type of roost (day, night,
maternity, etc.). If the bats are not part of an active maternity colony, passive exclusion
measures may be implemented with approval from the City in consultation with CDFW.
Exclusions shall occur outside the breeding season (typically May through August) and
winter hibernation (typically December through February).
If bats are roosting in tree cavities in the construction area during the daytime but are not part
of an active maternity colony, then exclusion measures must include one-way valves that
allow bats to get out but are designed so that the bats may not re-enter the roost cavity.
— Mitigation Measure BIO-1(j) Burrowing Owl Impact Avoidance and Minimization. The
following measures shall be implemented in order to avoid and minimize impacts to
burrowing owl:
a. Not more than 30 days prior to initiation of ground-disturbing activities, and again within
24 hours of the initiation of ground-disturbing activities associated with construction, a
City-approved biologist shall conduct a take avoidance survey of the construction area and
surrounding areas to a distance of 150 meters, in accordance with the methods outlined in
the Mitigation Methods – Pre-construction and Appendix D Surveys for Take Avoidance of
the California Department of Fish and Game (CDFG; now CDFW) Staff Report on
Burrowing Owl Mitigation (CDFG 2012). The pre-construction survey will cover all areas
within 150 meters of the portion of the site where construction is scheduled to start. Areas
within 150 meters that are not accessible due to property access restrictions shall be
surveyed using binoculars. Surveys will be phased, based on the grading and construction
schedule, such that they are conducted not more than 30 days before the start of ground
disturbing activities in new areas. If grading and/or construction activities in portions of
the site cease for a period of 14 days, those portions of the site will be resurveyed for
burrowing owls prior to the resumption of grading and/or construction activities. If no
occupied (breeding or wintering) burrowing owl burrows are identified, no further
mitigation would be required. If occupied burrows are identified on the site or within 150
meters of the Project disturbance area, one of the following actions shall be taken: 1)
permanent avoidance of the burrow or 2) establishment of a temporary avoidance buffer
followed by passive relocation and compensatory mitigation for loss of habitat in
conjunction with the measures below:
Site-specific, no-disturbance buffer zones shall be established and maintained between
Project activities and occupied burrows, using the distances recommended in the
CDFW guidelines (CDFG 2012) or as otherwise determined appropriate by the City-
approved biologist in consultation with CDFW.
During the non-breeding season, if an occupied burrow cannot be avoided, and the
burrow is not actively in use as a nest, the burrowing owls can be excluded from
burrows in accordance with an approved Burrowing Owl Exclusion Plan, which shall
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be prepared and submitted for approval by CDFW prior to passive relocation of any
burrowing owls. The Burrowing Owl Exclusion Plan shall be based on the
recommendations made in the CDFG Staff Report on Burrowing Owl Mitigation
(CDFG 2012) and shall include the following information for each proposed passive
relocation:
a. Confirmation by site surveillance that the burrow(s) is empty of burrowing owls and
other species;
b. Identification of type of scope to be used and appropriate timing of scoping;
c. Occupancy factors to look for and what shall guide determination of vacancy and
excavation timing;
d. Methods for burrow excavation;
e. Removal of other potential owl burrow surrogates or refugia on site;
f. Methods for photographic documentation of the excavation and closure of the
burrow;
g. Monitoring of the site to evaluate success and, if needed, to implement remedial
measures to prevent subsequent owl use to avoid take;
h. Methods for assuring the impacted site shall continually be made inhospitable to
burrowing owls and fossorial mammals; and
i. Method(s) for compensatory mitigation for burrow loss.
— Mitigation Measure BIO-1(k) Nesting Birds and Loggerhead Shrive Impact Avoidance and
Minimization. Construction activities shall be initiated outside of the typical avian nesting
period, between February 1 and August 31, if feasible. All initial site and vegetation
disturbance shall be limited to the time period between September 1 and January 31, if
feasible.
If initial ground disturbing activities and vegetation removal occurs between February 1 and
August 31, nesting bird surveys shall be conducted by a qualified biologist for the entire
construction area plus a 250-foot buffer within one week prior to initial ground disturbance
activities or removal of vegetation. Surveys shall continue to be conducted within the
timeframes specified above until all vegetation removal activities are completed. If surveys
do not locate nesting birds, construction activities may be conducted. If nesting birds are
located, no construction activities shall occur within 50 feet of nests of passerine species,
including loggerhead shrike, 250 feet of nests of raptor species until chicks are fledged. Any
changes in buffer extent shall be made in consultation with the City. The buffer will be
delineated with flagging, and no work shall take place within the buffer area until the young
have left the nest, as determined by the qualified biologist.
b. Finding: The City finds that implementation of mitigation measures BIO-1(a) through BIO-1(k)
would minimize potential impacts to special status species and ensure that the project would
comply with COSE Policies 7.3.1, Protected Species, and 7.3.2 Species of Local Concern. With
implementation of mitigation, Project impacts would be reduced to a less than significant level.
2. Impact BIO-2: Development of the Project site and study area where project-related activities would
occur would result in direct impacts to 0.12 acre of vernal marsh, a sensitive natural community
associated with the potentially jurisdictional wetlands identified on the applicant-owned parcel, as
well as the portion of the project site south of Tank Farm Road. Therefore, the Project could result in
direct impacts to approximately 0.12 acre of wetland where the basin containing the wetland is
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proposed to be reconfigured and impacts are potentially significant. (Refer to page 4.2-31 of the Final
EIR).
a. Mitigation: The following mitigation would be required to reduce impacts to sensitive natural
communities and State or federally protected wetlands to a less than significant level.
— Mitigation Measure BIO-2(a) Jurisdictional Delineation. If impacts to seasonal wetland
habitat cannot be avoided, the applicant shall retain a qualified biologist to complete a
jurisdictional delineation. The jurisdictional delineation shall determine the extent of the
jurisdiction of the USACE, RWQCB, and CDFW. The jurisdictional delineation shall be
conducted in accordance with the requirement set forth by each agency. The results shall be a
preliminary jurisdictional delineation report that shall be submitted to the implementing
agency/agencies, USACE, RWQCB, and/or CDFW, as appropriate, for review and approval
as part of the permitting process:
— Mitigation Measure BIO-2(b) Prepare a Habitat Mitigation and Monitoring Plan. A
Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared which will provide a
minimum 2:1 ratio (number of acres/individuals restored to number of acres/individuals
impacted) for temporary and permanent impacts to vernal marsh. The HMMP will identify
the specific mitigation sites and can be prepared in conjunction with the Special Status Plant
Mitigation Plan. The HMMP will be implemented immediately following project completion.
The HMMP shall include, at a minimum, the following components:
• Description of the project/impact site (i.e., location, responsible parties, areas to be
impacted by habitat type);
• Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be
established, restored, enhanced, and/or preserved; specific functions and values of habitat
type(s) to be established, restored, enhanced, and/or preserved];
• Description of the proposed compensatory mitigation site (location and size, ownership
status, existing functions and values of the compensatory mitigation site);
• Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan
[including plant species to be used, container sizes, seeding rates, etc.]);
• Maintenance activities during the monitoring period, including weed removal and
irrigation as appropriate (activities, responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site, including no less than quarterly
monitoring for the first year (performance standards, target functions and values, target
acreages to be established, restored, enhanced, and/or preserved, annual monitoring
reports);
• Success criteria based on the goals and measurable objectives; said criteria to be, at a
minimum, at least 80 percent survival of container plants and 80 percent relative cover by
vegetation type;
• An adaptive management program and remedial measures to address negative impacts to
restoration efforts;
• Notification of completion of compensatory mitigation and agency confirmation; and
• Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism)
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— Mitigation Measure BIO-1(c) Agency Coordination. Impacts to wetlands as a result of the
project are anticipated to require permits from CDFW, USACE, and/or RWQCB. The
applicant shall comply with all applicable state and federal permitting requirements. The
applicant shall obtain and produce for the City correspondence from applicable state and
federal agencies indicating compliance of the proposed development with state and federal
laws.
— Mitigation Measure BIO-2(d) Wetland Mitigation. Impacts to federal and state wetlands (as
defined by the Clean Water Act Section 404 and the State Wetland Definition and Procedures
for Discharges of Dredged or Fill Material to Waters of the State) shall be mitigated at a
minimum ratio of 2:1 (acres of wetlands created to acres of wetlands permanently impacted)
to meet the performance standard of no net loss of wetland habitat. The mitigation program
shall be developed by a qualified biologist and be incorporated into and conform with the
requirements for the Habitat Mitigation and Monitoring Plan. The mitigation shall be
implemented for no less than five years after construction or until the local jurisdiction and/or
the permitting authority (e.g., USACE) has determined that restoration has been successful.
— Mitigation Measure BIO-2(e) Jurisdictional Areas Best Management Practices During
Construction. The following best management practices shall be required for grading and
construction within jurisdictional areas or wetlands where impacts are authorized. In addition,
the measures shall be required at locations where construction occurs within 100 feet from
jurisdictional areas or wetlands:
• Access routes, staging, and construction areas shall be limited to the minimum area
necessary to achieve the project goal and minimize impacts to other waters (federal and
state) including locating access routes and ancillary construction areas outside of
jurisdictional areas.
• To control erosion and sediment runoff during and after project implementation,
appropriate erosion control materials shall be deployed and maintained to minimize
adverse effects on jurisdictional areas in the vicinity of the project.
• Project activities within the jurisdictional areas should occur during the dry season
(typically between May 1 and September 30) in any given year, or as otherwise directed
by the regulatory agencies. Deviations from this work window can be made with
permission from the relevant regulatory agencies.
• During construction, no litter or construction debris shall be placed within jurisdictional
areas. All such debris and waste shall be picked up daily and properly disposed of at an
appropriate site.
• All project-generated debris, building materials, and rubbish shall be removed from
jurisdictional areas and from areas where such materials could be washed into them.
• Raw cement, concrete or washings thereof, asphalt, paint or other coating material, oil or
other petroleum products, or any other substances which could be hazardous to aquatic
species resulting from project-related activities, shall be prevented from contaminating
the soil and/or entering jurisdictional areas.
All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100
feet from bodies of water and in a location where a potential spill would not drain directly
toward aquatic habitat (e.g., on a slope that drains away from the water source). Prior to the
onset of work activities, a plan must be in place for prompt and effective response to any
accidental spills. All workers shall be informed of the importance of preventing spills and of
the appropriate measures to take should an accidental spill occur.
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b. Finding: The City finds that implementation of Mitigation Measure BIO-2(a) through BIO-2(c)
would reduce project impacts on sensitive natural communities to a less than significant level by
requiring a qualified biologist to delineate the extent of features, require regulatory agency
permitting to ensure compliance with regulations and the preparation of a HMMP would provide
compensatory mitigation to offset impacts to vernal marsh habitat. Mitigation Measure BIO-2(d)
would require State or federal wetlands to be mitigated at a minimum ratio of 2:1 to ensure no net
loss of wetland habitat and Mitigation Measure BIO-2(e) would ensure best management
practices are followed during construction within the wetland features. The City finds that this
impact would be reduced to a less than significant level.
3. Cumulative Biological Resource Impacts: Cumulative biological resource impacts in the City and
surrounding areas include conversion of portions of City properties from undeveloped to developed
uses, with resultant loss of open space and habitat, and regional increases in impervious surfaces and
pollutant loading in the San Luis Obispo Creek watershed, night light, noise, and traffic associated
with the increase in regional development. The Project, in conjunction with other nearby planned,
pending, and potential future projects would have the potential to adversely impact biological
resources (Refer to page 4.2-36 of the Final EIR).
a. Mitigation: Cumulative impacts are addressed on a project-by-project basis through site-specific
investigations and surveys as well as appropriate mitigation. Mitigation Measures BIO-1(a)
through BIO-1(k) described under Item B.1.a above and Mitigation Measures BIO-2(a) through
BIO-2(e) described under Item B.2.a above are required to reduce cumulative impacts to
biological resources:
b. Finding: The City finds that implementation of Mitigation Measures BIO-1(a) through BIO-1(k)
include sufficient measures to reduce impacts to sensitive species, and implementation of
Mitigation Measures BIO-2(a) through BIO-2(e) require a habitat mitigation and monitoring
project and wetland mitigation which would reduce impacts to sensitive plant communities and
protected wetlands. The City finds that implementation of these mitigation measures would
reduce the project’s contribution to cumulative biological resources impacts to a less than
significant level.
C. CULTURAL AND TRIBAL CULTURAL RESOURCES
1. Impact CUL-1. One archaeological site, the Unocal (Union Oil Company) Tank Farm (CA-SLO-
2617H) was found eligible for listing and has two contributing features (Feature 26 and Feature 27)
that appear to be within the project site and could be impacted by project construction activities. Acacia
Creek is adjacent to the Project site on the east, and the City ARPPG identifies areas within 200 feet of
the top of bank of Acacia Creek as sensitive areas and Native American tribal contacts requested
cultural examinations of the area. Therefore, Project construction impacts near Acacia Creek are
potentially significant. The Project also has the potential for unanticipated discoveries of cultural
resources during ground disturbance. Therefore, impacts to historical and archaeological resources are
potentially significant. (Refer to page 4.3-19 of the Final EIR).
a. Project Mitigation: The following mitigation measures are required to reduce potential construction
related impacts to historical and archaeological resources.
— Mitigation Measure CUL-1(a) Construction Monitoring Treatment Plan. A Construction
Monitoring Treatment Plan shall be developed and implemented to ensure that any new
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discoveries are adequately recorded, evaluated, and if, significant, mitigated. The
Construction Monitoring Treatment Plan shall provide the following:
a. All ground disturbances within 200 feet of the top of bank of Acacia Creek shall be
monitored by a qualified archaeologist and Native American observer and all ground
disturbance within 50 feet of the mapped boundaries of Feature 26 and Feature 27 shall
be monitored by a qualified archaeologist.
b. Procedures for notifying the City and other involved or interested parties in case of a new
discovery. The qualified archaeologist and/or Native American observer shall have the
authority to temporarily halt or redirect construction in the vicinity of any potentially
significant discovery to allow for adequate recordation and evaluation.
c. Preparation and approval of a plan that identifies procedures that shall be used to record,
evaluate, and mitigate unanticipated discoveries with a minimum of delay.
d. Procedures that shall be followed in case of discovery of human remains. In the event that
isolated human remains are encountered, consultation with the most likely Native
American descendant, pursuant to Public Resources Code section 5097.97 and 5097.98,
shall apply.
e. Results of the monitoring program shall be documented in a technical report after
completion of all ground disturbances.
— Mitigation Measure CUL-1(b) Archaeological Monitoring Within 200 feet of Acacia Creek
Top of Bank. All construction-related ground disturbances, including clearing/grubbing,
within 200 feet of the top of bank of Acacia Creek shall be monitored by a qualified
archaeologist and a Native American representative. Depending on the type of work, multiple
teams of monitors may be necessary to observe construction activities occurring in separate
areas. In the event that archaeological remains are encountered during construction, City of
San Luis Obispo staff shall be notified and all work within 50 feet of the find shall be halted
until the find is evaluated by a qualified archaeologist and appropriate mitigation, if
necessary, is implemented.
If archaeological remains are identified, the resource shall be evaluated for significance under
City Archaeological Resource Preservation Program Guidelines (ARPPG) and CEQA and
further treatment measures including but not limited to avoidance consistent with City of San
Luis Obispo General Plan Policies, Phase 2 Subsurface Archaeological Resource Evaluation
(SARE), or Phase 3 Archaeological Data Recovery Excavation (ADRE) may be required.
Work within 50 feet of the find shall not resume until authorization is received from the City.
— Mitigation Measure CUL-1(c) Archaeological Monitoring Within 50 feet of Feature 26
and Feature 27. All construction-related ground disturbances, including clearing/grubbing,
within 50 feet of the mapped boundaries of Feature 26 and Feature 27 shall be monitored by a
qualified archaeologist. In the event that archaeological remains are encountered during
construction, City of San Luis Obispo staff shall be notified and all work within 50 feet of the
find shall be halted until the find is evaluated by a qualified archaeologist and appropriate
mitigation, if necessary, is implemented.
If archaeological remains are identified, the resource shall be evaluated for significance under
City Archaeological Resource Preservation Program Guidelines (ARPPG) and CEQA and
further treatment measures including but not limited to avoidance consistent with City of San
Luis Obispo General Plan Policies, Phase 2 Subsurface Archaeological Resource Evaluation
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(SARE), or Phase 3 Archaeological Data Recovery Excavation (ADRE) may be required.
Work within 50 feet of the find shall not resume until authorization is received from the City.
— Mitigation Measure CUL-1(d) Unanticipated Discovery of Historical or Archaeological
Resources. In the event prehistoric or historic-period materials not identified during the ARI
prepared for the project are encountered during construction-related ground disturbances,
ground-disturbing activities within 50 feet of the discovery shall be halted, and a qualified
archaeologist shall be contacted to determine if materials are isolated finds or part of a larger
archaeological deposit. If the discovery is prehistoric, a Native American representative shall
be contacted to participate in the evaluation of the discovery. Appropriate City of San Luis
Obispo staff shall also be notified. Prehistoric materials may include chert flaked stone tools
(e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil
(midden) containing artifacts or shellfish remains; and stone milling equipment (e.g., mortars,
pestles, handstones). Historic-period materials might include stone, concrete, wood or adobe
building foundations, corrals, and walls; filled wells or privies; mining features; and deposits
of metal, glass, and/or ceramic refuse. If an archaeological site is identified, the resource
should be evaluated for significance under City Archaeological Resource Preservation
Program Guidelines (ARPPG) and CEQA and further treatment measures including but not
limited to avoidance consistent with City of San Luis Obispo General Plan Policies, Phase 2
Subsurface Archaeological Resource Evaluation (SARE), or Phase 3 Archaeological Data
Recovery Excavation (ADRE) may be required. Work within 50 feet of the discovery shall
not resume until authorization is received from the City.
b. Finding: The City finds that Mitigation Measures CUL-1(a) and CUL-1(c) would reduce impacts
to Features 26 and 27 by requiring a treatment plan for construction activities and archaeological
monitoring within 50 feet of the resources. The City finds that Mitigation Measures CUL -1(b)
would reduce impacts to potential resources near Acacia Creek to a less than significant level by
requiring archaeological monitoring within 200 feet of the Top of Bank. In addition, the City finds
that Mitigation Measure CUL-1(d) would reduce impacts to unanticipated cultural resources by
requiring construction activities halt in the event of an unanticipated discovery until the find can be
assessed by a qualified archaeologist, consistent with City of San Luis Obispo General Plan Policy
COS 3.5.6.
2. Impact CUL-2. San Luis Obispo County has a long history of Native American occupation and,
therefore, ground-disturbing activities have the potential to uncover previously unknown tribal
cultural resources. During project ground disturbing activities such as grading and surface excavation,
there is potential for encountering previously undiscovered cultural resources of Native American
origin that could be considered tribal cultural resources. Therefore, impacts to tribal cultural resources
would be potentially significant. (Refer to page 4.3-23 of the Final EIR).
a. Mitigation: Mitigation Measures CUL-1(b) and CUL-1(d) described under Item C.1.a above as
well as following mitigation measure are required to reduce potential impacts to tribal cultural
resources.
— Mitigation Measure CUL-2(a) Unanticipated Discovery of Tribal Cultural Resources. In
the event that a resource of Native American origin is identified during construction, the City
of San Luis Obispo staff shall contact all California Native American tribe(s) that have
expressed interest in the project and begin or continue consultation procedures with any tribe
or tribes that request consultation. If an archaeological site is identified, the resource should
be evaluated for significance under City Archaeological Resource Preservation Program
Guidelines (ARPPG) and CEQA. If the City, in consultation with local Native Americans,
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determines that the resource is a tribal cultural resource and the proposed project would have
a potentially significant impact to the resource, a tribal cultural resource mitigation plan shall
be prepared and implemented in accordance with State guidelines (PRC Sections 21080.3.2,
21080.3.3, 21084.3) and in consultation with Native American groups. The mitigation plan
may include but would not be limited to avoidance, capping in place, excavation and removal
of the resource, interpretive displays, sensitive area signage, or other mutually agreed upon
measures.
b. Finding: The City finds that Mitigation Measure CUL-1(b) addresses archaeological monitoring
within 200 feet of the top of bank of Acacia Creek, and Mitigation Measure CUL-1(d) addresses
the potential for unanticipated discovery of historical or archaeological resources during project
construction activities. In addition, the City finds that Mitigation Measure CUL-2(a) would reduce
impacts to unidentified tribal resources by requiring native American consultation and an
evaluation of the resource. The City finds that Mitigation Measures CUL-1(b), CUL-1(d), and
CUL-2(a) would reduce impacts to tribal resources to a less than significant level.
3. Cumulative Cultural and Tribal Cultural Resource Impacts. The California State Archaeological
Task Force has estimated that a large percentage of archaeological sites in the state have been
destroyed. The project, in conjunction with other nearby planned, pending, and potential future
projects would have the potential to adversely impact cultural resources. (Refer to page 4.3-25 of the
Final EIR).
a. Mitigation: Mitigation Measures CUL-1(a) through CUL-1(d) described under Item C.1.a above
and Mitigation Measure CUL-2(a) described under Item C.2.a above would be required to reduce
potential cumulative impacts to cultural and tribal cultural resources.
b. Finding: The City finds that implementation of Mitigation Measure CUL-1(a) through CUL-1(d)
and CUL-2(a) include sufficient measures to reduce the project’s impacts to identified cultural
resources as well as unanticipated historical, archaeological, or tribal cultural resources to a less
than significant level. Because cumulative projects would be reviewed separately and undergo
environmental review on a case-by-case basis, the City finds that implementation of these
mitigation measures would reduce the project’s contribution to cumulative cultural and tribal
cultural resources impacts to a less than significant level.
D. GEOLOGY AND SOILS
1. Impact GEO-4.11.6: The Project site contains Quaternary (Holocene) alluvial deposits mapped at
the surface, which are generally too young to contain fossilized material, and are assigned a low
paleontological sensitivity. However, based on regional geologic mapping these Holocene sediments
may grade into older buried Pleistocene alluvium in which scientifically significant fossils have a
higher potential to occur. Therefore, there is the potential for Project construction and implementation
to impact paleontological resources. (Refer to page 4.11-6 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce impacts to paleontological
resources to a less than significant level.
— Mitigation Measure GEO-1(a) Paleontological Monitoring. Prior to issuance of grading
permits and the commencement of ground disturbing activities on the project site that are
greater than six feet in depth, a qualified professional paleontologist shall be retained to
conduct paleontological monitoring during such ground disturbing activities. The Qualified
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Paleontologist shall have knowledge of the local paleontology and shall be familiar with
paleontological procedures and techniques.
Prior to the commencement of construction activities, an orientation meeting shall be
conducted by the Qualified Paleontologist, general contractor, subcontractor, and
construction workers associated with earth disturbing activities. The orientation meeting shall
describe the potential of exposing paleontological resources, the types of materials may be
encountered, and directions on the steps that shall be taken if such a find is encountered.
Ground disturbing construction activities (including grading, trenching, drilling with an auger
greater than 3 feet in diameter, and other excavation) within previously undisturbed
sediments at depths greater than six feet shall be monitored on a full-time basis. Monitoring
shall be supervised by the Qualified Paleontologist and shall be conducted by a qualified
paleontological monitor, who is defined as an individual who meets the minimum
qualifications per standards set forth by the SVP (2010), which includes a B.S. or B.A. degree
in geology or paleontology with one year of monitoring experience and knowledge of
collection and salvage of paleontological resources.
If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, he
or she may recommend reducing monitoring to periodic spot-checking or cease entirely. Full-
time monitoring shall be reinstated if any new ground disturbances are required at a depth of
six feet or greater, and reduction or suspension would need to be reconsidered by the
Qualified Paleontologist. Ground-disturbing activity that does not exceed six feet in depth
within Quaternary alluvium would not require paleontological monitoring.
— Mitigation Measure GEO-1(b) Fossil Discovery, Preparation, and Curation. In the event
that a paleontological resource is discovered, the monitor shall have the authority to
temporarily divert construction equipment around the find until it is assessed for scientific
significance and collected. Once salvaged, significant fossils shall be identified to the lowest
possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific
institution with a permanent paleontological collection along with all pertinent field notes,
photos, data, and maps. Curation fees are assessed by the repository and are the responsibility
of the project owner.
— Mitigation Measure GEO-1(c) Paleontological Monitoring Plan. Prior to the start of
ground-disturbing activities, a Paleontological Monitoring Plan shall be prepared and
submitted to the City for review and approval. The Plan shall be prepared by a Qualified
Paleontologist and shall address the following:
• Procedures for Paleontological Monitoring;
• Procedures for the paleontologist to make and implement recommendations as to whether
or not monitoring should be required on a full-time basis;
• Procedures for the paleontological monitor to temporarily redirect construction away
from an area if paleontological resources are encountered during grading or excavation in
order to assess the significance of the find; and
• Procedures for the handling of collected resources, including preparation to the point of
identification.
— Mitigation Measure GEO-1(d) Final Paleontological Mitigation Report. At the conclusion
of laboratory work and museum curation, a final report shall be prepared describing the
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results of the paleontological mitigation monitoring efforts associated with the project. The
report shall include a summary of the field and laboratory methods, an overview of the
project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils
recovered (if any) and their scientific significance, and recommendations. The report shall be
submitted to the City and the designated museum repository.
b. Finding: The City finds that the implementation of Mitigation Measure GEO-1(a) through GEO-
1(d) would reduce impacts related to paleontological resources during construction by requiring
paleontological monitoring an approved monitoring plan, provisions to follow if resources are
discovered, and a final report that would document the results of the paleontological mitigation
monitoring efforts associated with the Project. The City finds that this impact would be reduced to
a less than significant level.
E. HAZARDS AND HAZARDOUS MATERIALS
2. Impact HAZ-1: There are no listed hazardous material sites/facilities or active clean ups were
identified on the site. The Preliminary Soil Sampling Assessment did not identify exceedances of
SWRCB, U.S. EPA, or DTSC action levels for total petroleum hydrocarbons for both diesel and
motor oil. However, the soil testing results detected metals above screening levels, including arsenic,
cobalt, nickel, vanadium, and zinc. None of the detected metal concentrations exceed risk-based
action levels that would require remediation. Therefore, potential impacts associated with hazardous
materials that may be encountered during construction of the proposed residential development on the
600 Tank Farm Road property would be less than significant. However, ground disturbing activities
during construction of the planned transportation infrastructure improvements could expose
construction workers and/or the public to hazardous materials in on-site soil via direct contact or
inhalation of dust particles and could result in a health risk to people which would be potentially
significant. (Refer to page 4.6-14 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce risk of hazardous material
exposure during construction to a less than significant level.
— Mitigation Measure HAZ-1(a) Soil Management Plan. Prior to issuance of any grading
permits for the planned roundabout and frontage improvements along Tank Farm Road and
the future alignment of Santa Fe Road, a contaminated soil assessment shall be completed in
the portions of land to be graded for the identified improvements. Soil samples shall be
collected under the supervision of a professional geologist or environmental professional to
determine the presence or absence of contaminated soil in these areas. The sampling density
shall be in accordance with guidance from San Luis Obispo County Environmental Health
Services (EHS), so as to define the area of contaminated soil that may be disturbed by
grading activities. Laboratory analysis of soil samples shall be analyzed for the presence of
petroleum hydrocarbons, VOCs, and heavy metals in accordance with applicable US EPA
Test Methods. If soil sampling indicates the presence of hydrocarbon contamination, metal
concentrations, or other contaminants exceeding applicable environmental screening levels as
provided by the EHS, the soil assessment shall identify the area of contaminated soil that may
be disturbed by grading activities. An Environmental Site Assessment (ESA) shall be
prepared detailing the soil sampling, analysis, and findings and submitted to the EHS for
review.
If concentrations of contaminants exceed the EHS-provided environmental screening levels,
the applicant shall prepare and implement a Soil Management Plan (SMP). The SMP shall be
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reviewed and approved by EHS prior to issuance of grading permits. The plan shall
communicate information to project construction workers about environmental conditions
and will present measures to mitigate potential risks to the environment, construction
workers, and other nearby receptors from potential exposure to hazardous substances that
may be associated with unknown conditions or unexpected underground structures, and
known contaminated soil or groundwater encountered during construction activities.
The SMP shall be updated and the updated recommendations shall be followed if the
following occurs:
• A change in project site uses;
• Receipt of additional information pertaining to project site environmental conditions;
• Updated chemical toxicity information for contaminants detected at the project site based
on revised regulatory screening levels; or,
• New legal or regulatory soil management requirements applicable to the project site.
— Mitigation Measure HAZ-1(b) Discovery of Contaminated Soils. Should petroleum
hydrocarbon- and volatile organic compound (VOC)-contaminated soil, metal concentrations
exceeding applicable screening criteria, or other hazardous materials be discovered during
construction activities, SLOAPCD must be notified as soon as possible and no later than 48
hours after affected material is discovered to determine if a SLOAPCD Permit will be
required. In addition, the following measures shall be implemented immediately on discovery
of contaminated soil:
• Covers on soil stockpiles shall be maintained in place at all times in areas not actively
involved in soil addition or removal;
• Contaminated soil shall be covered with at least six inches of packed uncontaminated soil
or a non-permeable hydrocarbon barrier. If a hydrocarbon barrier is used, no headspace
shall be allowed where vapors could accumulate;
• Covered piles shall be designed and installed without openings to minimize erosion due
to wind or water;
• Criteria pollutant emissions from excavation and haul trips associated with removing
contaminated soil shall be quantified and mitigated if total emissions would exceed
applicable SLOAPCD construction phase thresholds;
• During soil excavation, odors shall be minimized to avoid public nuisance; and,
• Clean soil shall be segregated from contaminated soil.
b. Finding: The City finds that the implementation of Mitigation Measure HAZ-1(a) and Mitigation
Measure HAZ-1(b) would reduce impacts related to hazardous material exposure during
transportation infrastructure construction by requiring a contaminated soil assessment and soil
management plan, along with provisions to follow consistent with SLOAPCD requirements if
concentration of hazardous materials are discovered. The City finds that this impact would be
reduced to a less than significant level.
F. NOISE
1. Impact N-1: Construction activity on the Project site and off-site roadway modifications would
temporarily increase ambient noise levels at noise-sensitive receptors in the vicinity. The exposure of
Phase 1 residences to estimated noise levels of up to 79 dBA Leq from construction near the eastern
boundary of the project site would result in a 9-dBA exceedance of the long-term standard of 70 dBA.
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In addition, noise levels reaching 75 dBA Leq at future multi-family residences at 650 Tank Farm
Road would exceed the long-term standard of 70 dBA by 5 dBA. Project construction activities
would be required to adhere to the City’s allowed hours of construction, which would protect
residents from nighttime noise that could disturb people during normal sleeping hours. However,
construction activity during daytime hours would still result in a potentially significant impact from
temporary increases in ambient noise.
a. Mitigation: The following mitigation measures are required to reduce construction-generated noise
levels to a less than significant level.
— Mitigation Measure N-1(a) Construction-Related Noise Reduction Measures. The applicant
shall apply the following measures during construction of the project site:
• Electrical Power. Electrical power, rather than diesel equipment, shall be used to run
compressors and similar power tools and to power temporary structures, such as
construction trailers or caretaker facilities.
• Equipment Staging. All stationary equipment (e.g., air compressors, portable generators)
shall be staged as far away from sensitive receptors as feasible.
• Equipment Idling. Construction vehicles and equipment shall not be left idling for longer
than five minutes when not in use.
• Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they
are not audible at sensitive receptors near construction activity.
• Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms
that automatically adjust the sound level of the alarm in response to ambient noise levels.
Alternatively, back-up alarms shall be disabled and replaced with human spotters to
ensure safety when mobile construction equipment is moving in the reverse direction.
• Temporary Sound Barriers. During the site preparation, grading, building, and paving
phases of construction, temporary sound barriers shall be installed and maintained facing
noise-sensitive receptors within 300 feet of the project site (e.g., residences at the
neighboring mobile home park). Temporary sound barriers typically consist of
construction fence batted with light sound blankets. Temporary sound barriers shall, at a
minimum, block the line of sight between the engines of diesel-powered construction
equipment (typically 3 feet above grade) and adjacent windows at sensitive receptors and
shall be placed as close to the source equipment as feasible. Such barriers shall be field
tested to reduce noise by at least 10 dBA at sensitive receptors. (A sound barrier can
achieve a 5 dBA noise level reduction when it is tall enough to break the line-of-sight
from the source equipment to the sensitive receptor, and it can achieve an approximate 1
dBA additional noise level reduction for each 2 feet of height after it breaks the line of
sight ([FHWA] 2011). Mobile sound barriers may be used as appropriate to attenuate
construction noise near the source equipment.
• Disturbance Coordinator. The applicant shall designate a disturbance coordinator who
shall be responsible for responding to any local complaints about construction noise. The
noise disturbance coordinator shall determine the cause of the noise complaint (e.g.,
starting too early, bad muffler) and shall require that reasonable measures warranted to
correct the problem be implemented. A telephone number for the disturbance coordinator
shall be conspicuously posted at the construction site.
— Mitigation Measure N-1(b) Neighboring Property Owner Notification and Construction
Noise Complaints. The contractor shall inform residents and business operators at properties
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within 300 feet of the project site of proposed construction timelines and noise complaint
procedures to minimize potential annoyance related to construction noise. Proof of mailing
the notices shall be provided to the Community Development Department before the City
issues a zoning clearance. Signs shall be in place before beginning of and throughout grading
and construction activities. Noise-related complaints shall be directed to the City’s
Community Development Department.
b. Finding: The City finds that with implementation of Mitigation Measure N-1(a), construction noise
levels would be reduced by approximately 10 dBA Leq. and construction noise at the nearest
sensitive receptors would not exceed 70 dBA Leq, consistent with City standards for construction
noise. The City finds that Mitigation Measure N-1(b) would allow affected receptors to report
potential exceedances, providing contractors with the opportunity to implement additional specific
noise reduction measures on an as-needed basis during construction. The City finds that
construction noise impacts would be reduced to a less than significant level.
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SECTION 6. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL
EFFECTS OF THE PROPOSED PROJECT FOR WHICH SUFFICIENT
MITIGATION IS NOT AVAILABLE
The findings below are for impacts that would result in potentially significant effects on the natural or
human environment that could not be lessened to a less than significant level through changes or
alternations in the project or implementation of mitigation measures. To approve a project resulting in
significant and unavoidable impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that "... specific legal, technological, economic, social, or other considerations
make infeasible the mitigation measures or alternatives identified in the EIR...".
This section presents the Project’s significant and unavoidable environmental impacts after feasible
mitigation measures have been considered. Section 15091 of the State CEQA Guidelines (14 California
Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a Lead Agency to
make findings for each significant environmental impact disclosed in an EIR. Specifically, for each
significant impact, the Lead Agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies significant impacts that can be reduced, but not to a less than significant level, through
the incorporation of feasible mitigation measures into the Project, and which, therefore, remain significant
and unavoidable, as identified in the Final EIR. The impacts identified in this section are considered in the
same sequence in which they appear in the Final EIR. Where adoption of feasible mitigation measures is
not effective in avoiding an impact or reducing it to a less-than-significant level, the feasibility of
adopting alternatives to the proposed Project is considered in Section 7 of this document.
A. HAZARDS AND HAZARDOUS MATERIALS
1. Impact HAZ-3: The proposed entitlements and planned roundabout and frontage improvements
along Tank Farm Road and the future alignment of Santa Fe Road also would be designed consistent
with applicable City guidelines and standards in the City’s Engineering Standards and Access
Management Policies and ALUP safety requirements. The traffic added by the Project to the Broad
Street/Industrial Way intersection represents a marginal increase in the total traffic volume entering
this intersection and would not substantially increase hazards at this location. There are currently no
dedicated pedestrian facilities or controlled crossings along either side of Tank Farm Road between
the Project site and the recently constructed collector Street (Innovation Way). By generating
additional pedestrian demand, the Project would increase the propensity for pedestrians to walk along
the roadway shoulder or cross at inappropriate locations along Tank Farm Road—a high traffic
speed/volume arterial roadway—which may result in hazards to pedestrian safety along this roadway
segment. The addition of Project-generated pedestrian trips would exacerbate the potential safety
hazard, which would be a potentially significant impact.
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a. Mitigation: The Draft EIR included Mitigation Measure HAZ-3(a) which would have required the
project applicant to take specific actions to facilitate the future construction of a shared-use
pedestrian/bicycle pathway along the north side of Tank Farm Road from Santa Fe Road west to
Innovation Way (4,700 feet west of Santa Fe Road), as identified in the City’s Active
Transportation Plan. This mitigation was found to partially offset the project’s contribution
towards pedestrian operations and safety impacts along this segment of Tank Farm Road.
However, the Draft EIR determined that, due to the potential right-of-way/jurisdiction authority
constraints, construction of the planned shared-use pedestrian/bicycle path along Tank Farm Road
west of Santa Fe Road would not be a viable mitigation strategy in conjunction with the proposed
project and concluded that the pedestrian safety impact would remain significant and
unavoidable.
During preparation of the Final EIR, City staff reviewed the potential right-of-way/jurisdiction
authority constraints associated with Draft EIR Mitigation Measure HAZ-3(a), as well as
comments related to the proportionality and feasibility associated with this mitigation measure,
and determined that the Conditions of Approval and Reimbursement Agreement for the project
are the appropriate vehicle for implementing requirements of the project related to a future
shared-use pedestrian/bicycle pathway along the north side of Tank Farm Road. As a result, Final
EIR Section 2, Project Description, Subsection 2.5.2, Transportation Improvements, was
modified to describe the applicant’s obligation to provide preliminary planning and engineering
support for a future shared-use pedestrian/bicycle path along Tank Farm Road through Conditions
of Approval and a Reimbursement Agreement, and Draft EIR Mitigation Measure HAZ-3(a) was
rejected. Therefore, the incorporation of the following mitigation measure is required to reduce
the Project’s impacts associated with pedestrian safety hazards.
— Mitigation Measure HAZ-3(a) Tank Farm Interim Pedestrian Safety Signage. The project
applicant shall fund and install interim signage along Tank Farm Road west of Santa Fe Road
to highlight potential safety hazards to pedestrians along this connection. The signage shall be
designed and installed consistent with applicable City Engineering Standards to the
satisfaction of the Public Works Director. The signage shall remain in place until the future
shared-use pedestrian/bicycle path along the north side of Tank Farm Road between Santa Fe
Road and Innovation Way is constructed and open to the public.
b. Finding: The City finds that the installation of interim signage along Tank Farm Road west of
Santa Fe Road would highlight potential safety hazards to pedestrians along this connection but
would not eliminate the project’s contribution toward pedestrian operations and safety impacts
along this segment of Tank Farm Road. Implementation of the planned, shared-use
pedestrian/bicycle path along the north side of Tank Farm Road west of Santa Fe Road, as
identified in the City’s Active Transportation Plan and AASP, would address the pedestrian
operations and safety deficiency west of the project site. However, the City finds there are no
feasible mitigation measures to implement the planned path due to potential right-of-
way/jurisdiction authority constraint because most of the shared-use path is located outside of the
San Luis Obispo City limit and would require right-of-way acquisition from private property
owner(s), as well as approval by the County of San Luis Obispo. Furthermore, there are no other
feasible mitigation measures available that would mitigate this impact. The City finds that this
impact would be significant and unavoidable.
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SECTION 7. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
PROJECT
A. INTRODUCTION
As identified in Section 6 of this document, the proposed Project will cause the following significant and
unavoidable environmental impacts to occur:
• Impact HAZ-3: Contribution to new pedestrian demand which would increase the existing
identified pedestrian safety hazard along Tank Farm Road west of the project site.
Because the proposed Project will cause significant and unavoidable environmental impacts to occur as
identified above, the City must consider the feasibility of any environmentally superior alternatives to the
Project, as proposed. The City must evaluate whether one or more of these alternatives could substantially
lessen or avoid the unavoidable significant environmental effects.
As such, the environmental superiority and feasibility of each alternative to the Project is considered in
this section. Specifically, this section evaluates the effectiveness of these alternatives in reducing the
significant and unavoidable impacts of the proposed Project.
B. DESCRIPTION OF THE ALTERNATIVES
The Final EIR evaluates the following three alternatives to the Project: a No Project (No Build)
Alternative; a No Project (Existing Land Use Designation- Business Park) Alternative; and a 25%
Reduced Project Alternative.
1. Alternative 1: No Project (No Build) Alternative. As required by CEQA, the EIR evaluates the
environmental consequences of not proceeding with the Project, including the General Plan Map
Amendment, rezone, Specific Plan Amendment to the AASP, Conceptual Site Plan, and Major
Development Review. This alternative assumes the Project site is not developed with the proposed
residential mixed-use project. Under this alternative, the Project site would continue to be used for
vehicle parking and construction material storage.
2. Alternative 2: No Project (Existing Land Use Designation- Business Park) Alternative.
Alternative 2 assumes the Project is not approved and envisions the potential buildout of the Project
site based on the property’s existing land use designation. The Project site is located within the AASP
and is currently designated Business Park (BP) with a small portion of the property within the
Conservation Open Space (C/OS) zone delineating a portion of Acacia Creek which is primarily
located on the adjacent property to the east. The BP land use designation provides for research and
development and light manufacturing in a campus setting. As identified in the AASP Land Use
Program and Development Capacities Table 4-1, the Specific Plan assumes that estimated buildout in
the BP designation would be based on a 0.21 floor area ratio (FAR). The maximum FAR allowable
for the BP designation under the General Plan Land Use Element is 1.0. City staff conducted an
independent analysis of project located in the BP land use designation that were constructed and
entitled within the last 20 years1 and concluded that the average FAR for the BP designation is 0.51.
1 Evaluated BP project include 301 Prado Road, 6541 Tank Farm Road, 4051 Broad Street, 689 Tank Farm Road,
892 Aerovista Place, 862 Aerovista Place, and 950 Aero Drive. Note that of these projects 301 Prado Road is the
only one not located in the AASP.
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Therefore, a more accurate estimate of the existing development potential of the property is
approximately 246,600 square feet of business park development
3. Alternative 3: 25% Reduced Project Alternative. Alternative 3 envisions development of similar
land uses to the proposed Project, but reduced in size and scale by 25%. Alternative 3 would include
similar entitlements to the proposed Project, but the conceptual site plan would instead allow
development of up to 180 high density residential units, 30 mixed-use units, 9,375 square feet of
commercial-service/office space, and a 1,700-square foot clubhouse building on the 11.1-acre project
site.
C. EFFECTIVENESS OF ALTERNATIVES IN AVOIDING SIGNIFICANT PROJECT
IMPACTS
This section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable
impacts.
1. Significant and Unavoidable Pedestrian Hazard Impacts. The Project would result in significant
and unavoidable project impacts related to pedestrian operations and safety impacts. Under the No
Project (No Build) Alternative, no development would occur, and no additional pedestrian trips along
a facility where no pedestrian facilities exist would be generated; therefore, pedestrian operations and
safety impacts would be reduced. Under the No Build (Existing Land Use Designation – Business
Park) Alternative, there would still be an increase in pedestrian demand in a location without
dedicated pedestrian facilities or controlled intersection crossings, which would be a potentially
significant pedestrian safety impact. Similar to the proposed Project, potential right-of-way
constraints along Tank Farm Road would make the feasibility of mitigation at this location uncertain,
resulting in a significant and unavoidable pedestrian safety impact under Alternative 2. Under the
25% Reduced Project Alternative, there would still be an increase in pedestrian demand in a location
without dedicated pedestrian facilities or controlled intersection crossings, which would be a
potentially significant pedestrian safety impact. Similar to the proposed Project, potential right-of-
way constraints along Tank Farm Road would make the feasibility of mitigation at this location
uncertain, resulting in a significant and unavoidable pedestrian safety impact under Alternative 3.
D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE AND FEASIBILITY OF
PROJECT ALTERNATIVES
1. Finding: The No Project (No Build) Alternative, would result in the fewest adverse environmental
effects. However, the No Project (No Build) Alternative fails to meet the Project objectives. As a
result, the City finds that the No Project Alternative would be infeasible to implement.
2. Finding: The No Project (Existing Land Use Designation – Business Park) Alternative would result
in increased environmental impacts in comparison to the proposed Project for several topics,
including impacts to sensitive receptors from criteria pollutants, wildlife corridors, energy, and
greenhouse gas emissions. Impacts to pedestrian hazards, traffic noise, vibration, and water and
wastewater utilities would be similar but would be less compared to the proposed Project. The
significant pedestrian safety impacts would remain significant and unavoidable. As a result, the City
finds that Alternative 2 is feasible, but is not environmentally superior to the proposed project.
Alternative 2 would not meet the Project objectives related to developing housing and would not help
meet General Plan Land Use Policy 2.3.6, which requires the City to encourage mixed-use projects,
Land Use Policy 3.8.5 and Housing Policy 5.1, which require the City to encourage mixed residential
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and commercial uses in commercial districts and zones, or Conservation and Open Space Policy
4.4.3, which requires the City to promote higher-density, compact housing to achieve more efficient
use of public facilities and services, land resources, and to improve the jobs/housing balance. As a
result, the City finds that Alternative 2 would not satisfy all of the Project objectives or reduce
significant environmental impacts compared to the Project, and would conflict with General Plan
Goals and Policies related to mixed-uses and high-density housing.
3. Finding: Among the development scenarios, Alternative 3, the 25% Reduced Project Alternative,
would be the environmentally superior alternative. Alternative 3 would result in a reduced magnitude
of impacts related to air quality, biological resources, cultural and tribal cultural resources, hazards,
noise, and utilities. However, Alternative 3 would result in potentially significant impacts to sensitive
species and jurisdictional features, undiscovered cultural/tribal cultural resources, contaminated soils,
and construction noise, similar to the proposed Project and would require similar mitigation measures
as the proposed Project to reduce impacts to a less-than-significant level. In addition, the Project’s
significant and unavoidable pedestrian safety impact would remain significant and unavoidable under
Alternative 3. Alternative 3 would partially meet Project objectives, but to a lesser extent than the
proposed Project because of the reduced scale of planned residential development in comparison to
the proposed Project. Alternative 3 would not help meet Land Use Policy 3.8.5 and Housing Policy
5.1, which require the City to encourage mixed residential and commercial uses in commercial
districts and zones, or Conservation and Open Space Policy 4.4.3, which requires the City to promote
higher-density, compact housing to achieve more efficient use of public facilities and services, land
resources, and to improve the jobs/housing balance. As a result, the City finds that Alternative 3
would partially satisfy the Project objectives, but while both the Project and Alternative 3 would
require a General Plan Amendment, Alternative 3 would conflict with General Plan Goals and
Policies related to mixed-uses and high-density housing and would not reduce the potentially
significant impacts or the significant and unavoidable environmental impacts compared to the Project.
Thus, the City finds Alternative 3 to be infeasible.
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SECTION 8. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The Final EIR for the Project identifies the following significant and unavoidable impacts of the Project:
1. The Project would result in addition of project-generated pedestrian trips would exacerbate
existing safety hazards along either side of Tank Farm Road between the project site and the
recently constructed collector Street (Innovation Way).
For a project that would result in significant and unavoidable environmental impacts after consideration
of feasible mitigation measures, CEQA requires that the lead agency balance the benefits of the project
against the unavoidable environmental risks in determining whether to approve the project. If the benefits
of the project outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA
Guidelines Section 15093[a]). CEQA requires that, before adopting such a project, the lead agency adopt
a Statement of Overriding Considerations setting forth the reasons why the agency finds that the benefits
of the project outweigh the significant environmental effects caused by the project. This statement is
provided below for the Project.
B. REQUIRED FINDINGS
The City has incorporated all feasible mitigation measures into the Project. Although these measures will
lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts.
The City has examined a reasonable range of alternatives to the Project and has determined that none of
these alternatives are feasible, environmentally superior, or would satisfy all of the Project objectives to
the same or greater extent as the Project.
Alternative 1 would avoid all of the significant impacts of the project but would not achieve the Project
objectives and is not considered feasible. Alternative 2 would result in increased environmental impacts
to sensitive receptors from criteria pollutants, wildlife corridors, energy, and greenhouse gas emissions. In
addition, Alternative 2 would fail to achieve the Project objectives, would conflict with General Plan
Goals and Policies related to mixed-uses and high-density housing, and would still result in significant
and unavoidable pedestrian safety impacts. Alternative 3 would be environmentally superior to the project
for some environmental issue areas but would not reduce the significant and unavoidable impacts to
pedestrian safety and would still require mitigation for significant environmental impacts. Alternative 3
would result in reduced mixed-use development and physical environmental effects, resulting in
correspondingly reduced impacts. However, Alternative 3 would only partially satisfy the Project
objectives, would conflict with General Plan Goals and Policies related to mixed-uses and high-density
housing, and would not reduce the potentially significant impacts or the significant and unavoidable
environmental impacts compared to the Project.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the
proposed Project against its unavoidable environmental risks. For the reasons specified below, the City
finds that the considerations below outweigh the Project’s unavoidable environmental risks. The City
further finds that each of these findings is individually sufficient to support the approval of the Project. A
determination that one of more of these findings is not supported by substantial evidence shall not affect
the validity of the remaining findings.
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1. Provision of Variety of Housing Types. The Project will develop new multi-family residences for a
range of socioeconomic groups and affordability levels, providing average unit sizes that are below
current City averages. The Project fulfills a portion of the City’s housing needs identified in the
Housing Element and is consistent with Housing Element and Land Use Element goals that
encourage more housing to achieve the City’s housing affordability goals.
2. Establish a Connected Mixed-Use Community. Bike and pedestrian trips would be connected to
adjacent developments and uses by a proposed connection to the 650 Tank Farm Road property and
extension of the onsite shared-use path to the shared-use path at the Damon-Garcia Sports Fields to
the north.
3. Implementation of Transportation Improvements. The Project would implement planned
transportation improvements in the City’s Circulation Element, which include sidewalks and bike
lanes along Tank Farm Road, an on-site Class I bike path from the Santa Fe Road extension to the
Damon-Garcia Sports Fields, and off-site transportation improvements, including the roundabout and
frontage improvements along Tank Farm Road as well as the future alignment of Santa Fe Road.
4. Encourage Walkability. Land Use Element Policy 1.5, 10.1, and 10.4, Circulation Element Policy
5.5.1, and Conservation and Open Space Policy 2.2.4 and 4.4.1 all encourage the development of
more housing in close proximity to services to promote walkability. The project would add high-
density residential use in close proximity to commercial centers, employment centers, and parks,
consistent with these policies.
5. Reduce Per-Capita Vehicle Trips: The Project would develop a new mixed-use residential
neighborhood to meet the City’s housing needs near a major employment and commercial center
which would encourage the use of bicycles and walking, reducing regional VMT. The addition of the
project is projected to result in an overall decrease in overall regional VMT (all trip types) and
regional residential VMT.
6. Provision of New Jobs: The Project would create new construction-related and permanent jobs in the
Project area. In addition, 12,500 square feet of commercial-service/office space would provide jobs in
close proximity to housing.
7. Sales Tax: Development of neighborhood commercial uses would contribute sales tax revenues that
help fund needed City services (City of San Luis Obispo website, Local Revenue Measure G-20).
8. Sustainability: The Project includes energy efficiency measures including an all-electric design and
the installation of solar panels. In addition, shared cars would be provided at a minimum rate of one
car per 50 units to reduce the need for additional vehicles in each housing unit. The project includes a
preference program for housing units for workers within a 1.5-mile radius of the project site to
encourage commuting without the use of vehicles.
9. Economic Public Benefits: The project will provide significant economic benefits to the public from
a variety of one time and continuing revenue sources. One-time revenue sources include activities
such as construction jobs and purchase of construction materials and supplies. Continuing revenue
sources include property taxes, sales taxes on locally procured materials and supplies and other
revenues.
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Accordingly, the City finds that the Project’s adverse, unavoidable environmental impacts are outweighed
by these considerable benefits.
Dated: ______________________, 2021
_____________________________________
Erica A. Stewart
Mayor, City of San Luis Obispo
3887627.1
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City of San Luis Obispo
600 Tank Farm Road Mixed-Use Project Exhibit B
Response to Comments
1
Exhibit B
Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the 600 Tank Farm
Residential Mixed-Use Project, proposed in the City of San Luis Obispo, California; State
Clearinghouse No. 2020110426. Public Resources Code Section 21081.6(a)(1) requires that a Lead
Agency adopt an MMRP before approving a project in order to mitigate or avoid significant impacts
that have been identified in an EIR. The purpose of the MMRP is to ensure that the required
mitigation measures identified in the Final EIR are implemented as part of the overall project
development process. In addition to ensuring implementation of mitigation measures, the MMRP
provides guidance to agency staff and decision-makers during project implementation and identifies
the need for enforcement action before irreversible environmental damage occurs. Where an
impact was identified to be less than significant in the Final EIR, no mitigation measures were
required.
The proposed project involves zoning-level entitlements: a General Plan Map Amendment, a rezone
of the property, a Specific Plan Amendment to the AASP, Conceptual Site Plan, and Major
Development Review for a 11.1-acre property in the City of San Luis Obispo.
The following table summarizes the mitigation measures for each issue area identified in the Final
EIR for the project. Specifically, the table identifies each mitigation measure; the action required for
the measure to be implemented; the time at which the monitoring is to occur; the monitoring
conditions; and the agency or party responsible for ensuring that the monitoring is performed. In
addition, the table includes columns for compliance verification.
DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 2 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Air Quality AQ-3(a) Valley Fever Suppression Measures The project developer and contractor(s) shall prepare a Construction Valley Fever Plan to ensure the implementation of the following measures during construction activities to reduce impacts related to Valley Fever. a. Project construction activities shall implement standard SLOAPCD dust control measures described in SLOAPCD’s 2012 CEQA Air Quality Handbook. SLOAPCD dust control measures for projects with a grading area greater than 4 acres or that are located within 1,000 feet of any sensitive receptor include watering of the grading site and dirt stockpiles, vegetation and chemical soil stabilizer use on disturbed soil areas, early roadway paving, construction vehicle speed control, minimum freeboard for hauling vehicles, and vehicle wheel washing. b. If peak daily wind speeds exceed 15 mph or peak daily temperatures exceed 95 degrees Fahrenheit for three consecutive days, additional dust suppression measures (such as additional water or the application of additional soil stabilizer) shall be implemented prior to and immediately following ground disturbing activities. The additional dust suppression shall continue until winds are 10 mph or lower and outdoor air temperatures are below a peak daily temperature of 90 degrees for at least two consecutive days. c. The project developer(s) shall notify the San Luis Obispo County Public Health Department and the City not more than 60 nor less than 30 days before construction activities commence to allow the San Luis Obispo County Public Health Department opportunity to provide educational outreach to community members and medical providers, as well as enhanced disease surveillance in the area both during and after construction activities involving grading. d. Prior to any project grading activity, the project construction contractor(s) shall prepare and implement a worker training program that describes potential health hazards associated with Valley Fever, common symptoms, proper safety procedures to minimize health hazards, and notification procedures if suspected work-related symptoms are identified during construction, including the fact that certain ethnic groups and immune-compromised persons are at greater risk of becoming ill with Valley Fever. The objective of the training shall be to ensure the workers are aware of the danger associated with Valley Fever. The worker training program shall be included in the standard in-person training for project workers and shall identify safety measures to be implemented by construction contractors during construction. Prior to initiating any grading, the project developer shall provide the City and the San Luis Obispo County Public Health Department with copies of all educational training material for review and approval. No later than 30 days after any new employee or employees begin work, the project developer shall submit evidence to the City that each employee has acknowledged receipt of the training (e.g., sign-in sheets with a statement verifying receipt and understanding of the training). e. The developer shall work with a medical professional, in consultation with the San Luis Obispo County Public Health Department, to develop an educational handout for on-site workers and surrounding residents within 1,000 feet of the project site that includes the following information on Valley Fever: The project developer shall submit the Construction Valley Fever Plan to the City and SLOAPCD for review prior to the issuance of grading permits for the first project phase. The developer shall submit proof that San Luis Obispo County Public Health Department has been notified prior to commencement of construction activities; a worker training program has been conducted; and the educational handout has been mailed to existing residences within three miles of the project site. The City shall verify compliance with the Construction Valley Fever Plan during the grading phases of project construction. The City shall also verify notification of the San Luis Obispo County Public Health Department, implementation of the worker training program, and mailing of the educational handout via developer-submitted materials. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 3 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Potential sources/causes Common symptoms Options or remedies available should someone be experiencing these symptoms The location of available testing for infection x Prior to construction permit issuance, this handout shall have been created by the developer and reviewed by the City. No less than 30 days prior to any surface disturbance (e.g., grading, filling, trenching) work commencing, this handout shall be mailed to all existing residences within three miles of the project site. AQ-3(b) Naturally Occurring Asbestos Air Toxics Control Measure Compliance Consistent with the requirements of the NOA ATCM, the project developer shall file an exemption request form with SLOAPCD including the geologic evaluation documenting the conclusion that no serpentine is present at depths where proposed grading/excavation would occur. The project developer shall comply with SLOAPCD requirements associated with the exception, if granted, or with subsequent SLOAPCD requirements resulting from the exemption request, which may include additional geologic evaluation, dust mitigation, or air monitoring. The project developer shall submit the exemption request form and geologic evaluation to SLOAPCD for review prior to the issuance of grading permits for the first project phase. The project developer shall submit to the City SLOAPCD’s concurrence with the exception and any subsequent SLOAPCD requirements resulting from the exception request prior to the issuance of grading permits for the first project phase. Any subsequent requirements identified by SLOAPCD that would be required to be implemented during project construction (e.g., dust mitigation or air monitoring) shall be printed on all grading plans. The City shall verify compliance with the requirements of the NOA ATCM by confirming SLOAPCD receipt of the exemption request and SLOAPCD’s concurrence with the exception or any subsequent SLOAPCD requirements resulting from the exception request. City of San Luis Obispo; SLOAPCD Biological Resources BIO-1(a) Construction Best Management Practices The applicant shall ensure the following general wildlife Best Management Practices (BMPs) are required for construction activities for the project: Ground disturbance shall be limited to the minimum necessary to complete construction activities. Construction limits of disturbance shall be flagged. All equipment and material storage, parking, staging and other support areas shall be identified prior to issuance of a grading permit. Areas of special biological concern within or adjacent to construction limits shall have highly visible orange construction fencing installed between said area and the limits of disturbance. All project construction activities shall occur during daylight hours (i.e., between sunrise and sunset) and during dry weather conditions. Night lighting shall be prohibited. Upon completion of construction all excess materials and debris shall be removed from the project construction area and disposed of appropriately. The work area shall remain clean. All food-related trash items shall be enclosed in sealed containers and removed from the site weekly. Pets and firearms shall be prohibited at the construction site. All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from Acacia Creek and in a location where a spill would not drain toward aquatic habitat. A plan must be in place for prompt and effective response to any accidental spills prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an accidental spill occur. These measures shall be implemented during grading and construction activities. The applicant shall provide monthly maintenance reports during construction to the City compliance monitoring staff to document compliance with the above measures. The applicant shall notify the City immediately if a chemical or hazardous material occurs. City staff will spot check for compliance during construction. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 4 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments To control sedimentation during and after project implementation, appropriate erosion control BMPs (e.g., use of coir rolls, jute netting, etc.) shall be implemented to minimize adverse effects to Acacia Creek. No plastic monofilament netting shall be utilized on site. All equipment operating within aquatic habitat shall be in good conditions and free of leaks. Spill containment shall be installed under all equipment staged within stream areas and extra spill containment and clean up materials shall be located in close proximity for easy access. At the end of each workday, excavations shall be secured with cover or a ramp provided to prevent wildlife entrapment. All trenches, pipes, culverts or similar structures shall be inspected for animals prior to burying, capping, moving, or filling. Stockpiles of chemicals, drums, bagged materials, and other hazardous materials such as propane, acetylene shall have pallets and/or secondary containment. Should a material spills occur, City compliance monitoring staff shall be informed of the spill and materials and/or contaminants shall be cleaned from the project construction area and recycled or disposed of to the satisfaction of the City and in accordance with all applicable local, State, and federal regulations. BIO-1(b) Worker Environmental Awareness Program Training Prior to the initiation of construction activities (including staging and mobilization), a qualified biologist shall provide all personnel associated with project construction with a Worker Environmental Awareness Program (WEAP) training. The training will aid workers in recognizing special status resources that may occur in the project area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and avoidance measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of the project. All employees shall sign a form provided by the trainer documenting they have attended the WEAP and understand the information presented to them. Fact sheets shall be reviewed and approved by the City prior to conducting the training. The required notification and an attendance log that includes the names and signatures of all personnel that have received the training shall be provided to the City upon completion of the training. The applicant shall notify City compliance monitoring staff of the date and time the training is scheduled so that City staff may attend. City compliance monitoring staff shall review fact sheets prior to conducting the training. The required notification and an attendance log that includes the names and signatures of all personnel that have received the training shall be provided to City compliance monitoring staff prior to the start of grading or construction activities. The City shall review training materials, notification, and attendance log and provide confirmation of compliance with the conditions outlined in the measure. City of San Luis Obispo BIO-1(c) Updated Surveys for Infrastructure Improvement Parcels Within the portions of the study area not currently owned by the applicant, but where improvements are required to facilitate the project, the applicant shall conduct updated surveys of sensitive species habitats (including special status plant species, CRLF, wetland habitat, and VPFS habitat) within the appropriate season immediately prior to the onset of any ground disturbances associated with project-related construction activities to evaluate the current occupancy of suitable habitat for sensitive species and to refine the final habitat mitigation replacement acreages. Updated surveys for federally listed species shall be completed per the timing and methodology specified by resource agency protocol. Results of the survey(s) shall be documented and results communicated to City compliance monitoring staff and applicable agencies prior to issuance of grading permits. The City shall review the survey results and provide confirmation of compliance with the conditions outlined in the measure. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 5 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments If special status plant species are identified during the updated survey(s), the species shall be incorporated into Special Status Plant Species Mitigation Plan in accordance with BIO-1(e). The plan shall provide a minimum ratio of 2:1 (number of acres/individuals restored to number of acres/individuals impacted) for impacts to any special status plant species with California Rare Plant Rank (CRPR) of 1 or 2 and a minimum ratio of 1:1 for special status plant species with CRPR 3 or 4. If a federally and/or state listed plant species is identified during the surveys, the applicant shall avoid all impacts to the species. If avoidance is infeasible, the applicant shall consult with the City and the United States Fish and Wildlife Service and/or California Department of Fish and Wildlife, as applicable, for authorization of take. If CRLF is identified during the survey(s), BIO-1(f) shall be implemented during project construction of the study area not currently owned by the applicant to ensure no take of individual CRLF. If VPFS are identified during the survey(s), BIO-1(d) shall be implemented during project construction of the study area not currently owned by the applicant to ensure no take of individual VPFS. If vernal marsh or other season wetland habitat is identified during the survey(s) and impacts to season wetland habitat cannot be avoided, a formal jurisdictional delineation shall be completed for the feature(s). Impacts to the habitat shall be included in the Habitat Mitigation and Monitoring Plan as detailed in BIO-2(b). BIO-1(d) Vernal Pool Fairy Shrimp Mitigation Plan If VPFS are present within the study area and may be impacted by project-related construction, a Vernal Pool Fairy Shrimp Mitigation Plan shall be prepared which provides a minimum ratio of 1:1 (number of acres restored to number of acres impacted) for impacts to VPFS. The plan shall identify the specific mitigation sites and can be prepared in conjunction with the Habitat Mitigation and Monitoring Plan (BIO-2[b]). The plan shall include, at a minimum, the following components: Description of the project/impact site (i.e., location, responsible parties, areas to be impacted); Goal(s) of the compensatory mitigation project [area(s) of vernal pool fairy shrimp habitat to be established and/or preserved; Description of the proposed compensatory mitigation receiver site(s) (location and size, ownership status, existing conditions of the compensatory mitigation site); the receiver site(s) shall be at least the size as the area currently occupied by the current population to ensure the replacement ratio is achieved; Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan); Maintenance activities during the monitoring period, as appropriate (activities, responsible parties, schedule); Monitoring plan for the compensatory mitigation site, (performance standards, target acreages to be established, and/or preserved, annual monitoring reports); Success criteria based on the goals and measurable objectives; The Vernal Pool Fairy Shrimp Mitigation Plan shall be prepared by the applicant and shall be submitted to the City compliance monitoring staff for review and approval prior to approval of grading and construction permits. The applicant shall be responsible for documenting compliance with the Vernal Pool Fairy Shrimp Mitigation Plan as stipulated by the plan. All reporting will be submitted to the City for review and approval. The replacement populations shall be monitored by a qualified biologist for 5 years. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 6 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments An adaptive management program and remedial measures to address negative impacts to restoration efforts; Notification of completion of compensatory mitigation and agency confirmation; and x Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). BIO-1(e) Special Status Plant Mitigation Plan A Special Status Plant Mitigation Plan shall be prepared by a qualified botanist approved by the City, which will provide a minimum ratio of 2:1 (number of acres/individuals restored to number of acres/individuals impacted) for impacts to Congdon’s tarplant and a minimum ratio of 1:1 for Cambria morning-glory. If project construction has not occurred by January 1, 2024, seasonally timed botanical surveys shall be conducted to determine the current extent of the special status plant species populations on site. The plan shall identify the specific mitigation sites and can be prepared in conjunction with the Habitat Mitigation and Monitoring Plan (BIO-2[b]). The plan shall include, at a minimum, the following components: Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type); Goal(s) of the compensatory mitigation project [area(s) of special status plant species to be established and/or preserved; Description of the proposed compensatory mitigation receiver site(s) (location and size, ownership status, existing conditions of the compensatory mitigation site); the receiver site(s) shall be at least twice the size as the area currently occupied by the rare plant occurrences to ensure the replacement ratio is achieved. Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [container sizes, seeding rates, etc.]); Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule); Monitoring plan for the compensatory mitigation site, (performance standards, target acreages to be established, and/or preserved, annual monitoring reports); Success criteria based on the goals and measurable objectives; An adaptive management program and remedial measures to address negative impacts to restoration efforts; Notification of completion of compensatory mitigation and agency confirmation; and Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). The Special Status Plant Mitigation Plan shall be prepared by the applicant and shall be submitted to City compliance monitoring staff for review and approval by the City prior to approval of grading and construction permits. The applicant will be responsible for documenting compliance with the Special Status Plant Mitigation Plan as stipulated by the plan. All reporting will be submitted to the City for review and approval. The replacement populations shall be monitored by a qualified biologist for 5 years. City of San Luis Obispo BIO-1(f) California Red-Legged Frog Impact Avoidance and Minimization A qualified biologist(s) shall conduct a pre-construction survey for CRLF within 48 hours prior to the initial onset of initial ground or vegetation disturbing activities. All potentially suitable habitat for CRLF shall be surveyed during the daytime and again after dark. The surveys shall include all areas where project construction activities will occur, as well as a 300-foot buffer upstream and downstream of the Results of the survey(s) shall be communicated to the City compliance monitoring staff immediately upon completion. The applicant shall submit the results report for the pre-construction surveys within one week of completing the surveys. The applicant shall consult with a qualified biologist The City shall review the survey results and provide confirmation of compliance with the conditions outlined in the measure. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 7 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments project boundary in Acacia Creek. If no individuals are found during the pre-construction survey, work may proceed with monitoring as described below. If CRLF is found and the individual is likely to be injured or killed by work activities, all work must stop and the individual will be allowed to move out of harm’s way of its own volition then the applicant/developer shall comply with all relevant requirements of the FESA prior to resuming project activities. A qualified biologist(s) shall monitor the removal of material and debris piles that may contain cover for CRLF. If CRLF is identified within the construction area during project construction, ground-disturbing activities shall immediately cease, and the individual will be allowed to move out of harm’s way of its own volition before work activities may begin. If the individual does not move out of harm’s way, the USFWS shall be notified and consulted. Ground-disturbing activities shall commence following guidance from the USFWS and the City. No CRLF shall be captured, handled, or relocated without approval by the USFWS. if relocations are employed, and the applicant must provide the City with documentation of the effort and summary of the results within one week. BIO-1(g) Southwestern Pond Turtle and Western Spadefoot Impact Avoidance and Minimization A qualified biologist(s) shall conduct a pre-construction survey for southwestern pond turtle and western spadefoot within 48 hours prior to the initial onset of initial ground or vegetation disturbing activities. All potentially suitable habitat for southwestern pond turtle, western spadefoot toad within the study area where project-related activities would occur shall be surveyed. If southwestern pond turtle or western spadefoot is found and the individual is likely to be injured or killed by work activities, all work must stop and the individual will be allowed to move out of harm’s way of its own volition before work activities may begin. Individuals may be relocated out of harm’s way by a qualified biologist, if present, before work activities begin. The biologist(s) must relocate the any pond turtle or western spadefoot the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project. A qualified biologist(s) shall monitor the removal of material and debris piles that may contain cover for southwestern pond turtle and western spadefoot. If southwestern pond turtle or western spadefoot is found and the individual is likely to be injured or killed by work activities, all work must stop and the individual will be allowed to move out of harm’s way of its own volition before work activities may begin. Individuals may be relocated out of harm’s way by a qualified biologist, if present, before work activities begin. The biologist(s) must relocate the any pond turtle or western spadefoot the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project. Results of pre-construction survey(s) shall be communicated to the City immediately upon completion. The applicant shall submit the results report for the pre-construction surveys within one week of completing the surveys. The applicant shall consult with a qualified biologist if relocations are employed. The relocations must be conducted by a qualified biologist, and the applicant must provide the City with documentation of the effort and summary of the results within one week. The City shall review the survey results and provide confirmation of compliance with the conditions outlined in the measure. City of San Luis Obispo BIO-1(h) American Badger Impact Avoidance and Minimization A qualified biologist(s) shall conduct a pre-construction survey for potential American badger dens within one week prior to the initial onset of initial ground or vegetation disturbing activities. The survey shall be conducted within all project work areas and a 50-foot buffer. Any potential dens/burrows found shall be identified with flagging or stakes, as feasible, and a 50-foot no-work buffer shall be flagged. If any potential American badger dens are found that cannot be avoided by the 50-foot buffer area, a Results of pre-construction survey(s) shall be communicated to the City immediately upon completion. The applicant shall submit the results report for the pre-construction surveys within one week of completing the surveys. The applicant shall consult with a qualified biologist if passive exclusion methods are employed, and the applicant must provide the City with documentation of the effort and summary of the results within one week. The City shall review the survey results and provide confirmation of compliance with the conditions outlined in the measure. The City shall review the applicant’s methodology and rationale for passive exclusions prior to implementation of the exclusion. The City shall ensure the avoidance buffers are established and maintained as needed. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 8 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments qualified biologist will monitor the dens and employ wildlife trail cameras and/or a tracking medium around dens and monitored daily for at least three days to determine whether they are currently occupied by badgers. If the den is determined not to be occupied by a badger or other special status wildlife species, construction may commence. No dens with young shall be disturbed, and no work shall be conducted within 50 feet of maternal dens until they have left the den. Any occupied badger den that is being used by a single adult with no young that cannot be avoided shall be blocked incrementally by placing sticks or debris over the entrance for three to five days, to discourage the individual from using the den. Only after the badger has left the den, as determined by the qualified biologist implementing the wildlife camera and/or tracking medium methods, can the den be concluded as unoccupied and the work proceed within the no-work buffer. BIO-1(i) Pallid Bat and Townsend’s Big-Eared Bat Impact Avoidance and Minimization The applicant shall ensure the following actions are implemented to avoid and minimize potential impacts to special status bat species: Within one week prior to construction activities, including tree removal, a qualified biologist shall conduct a survey of the trees proposed to be removed within the construction area to determine if roosting bats are present during the non-breeding season (November through March). If a colony of bats is found roosting in any tree or structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.). If the bats are not part of an active maternity colony, passive exclusion measures may be implemented with approval from the City in consultation with CDFW. Exclusions shall occur outside the breeding season (typically May through August) and winter hibernation (typically December through February). If bats are roosting in tree cavities in the construction area during the daytime but are not part of an active maternity colony, then exclusion measures must include one-way valves that allow bats to get out but are designed so that the bats may not re-enter the roost cavity. Results of pre-construction survey(s) shall be communicated to the City immediately upon completion. The applicant shall submit the results report for the pre-construction surveys within one week of completing the surveys. The applicant shall consult with a qualified biologist if passive exclusion methods are employed, and the applicant must provide the City with documentation of the effort and summary of the results within one week. The City shall review the survey results and provide confirmation of compliance with the conditions outlined in the measure. The City shall review the applicant’s methodology and rationale for passive exclusions prior to implementation of the exclusion. City of San Luis Obispo BIO-1(j) Burrowing Owl Impact Avoidance and Minimization The following measures shall be implemented in order to avoid and minimize impacts to burrowing owl. a. Not more than 30 days prior to initiation of ground-disturbing activities, and again within 24 hours of the initiation of ground-disturbing activities associated with construction, a City-approved biologist shall conduct a take avoidance survey of the construction area and surrounding areas to a distance of 150 meters, in accordance with the methods outlined in the Mitigation Methods – Pre-construction and Appendix D Surveys for Take Avoidance of the California Department of Fish and Game (CDFG; now CDFW) Staff Report on Burrowing Owl Mitigation (CDFG 2012). The pre-construction survey will cover all areas within 150 meters of the portion of the site where construction is scheduled to start. Areas within 150 meters that are not accessible due to property access restrictions shall be surveyed using binoculars. Surveys will be phased, based on the grading and construction schedule, such that they are Results of pre-construction survey(s) shall be communicated to the City immediately upon completion. The applicant shall submit the results report for the pre-construction surveys within one week of completing the surveys. A report on the implementation of impact avoidance measures used shall be included on all grading and construction plans prior to grading. A report on the implementation of impact avoidance measures implemented shall be submitted to City and CDFW upon completion of the construction project. If passive relocation is required, the Burrowing Owl Exclusion Plan must be submitted and approved by Planning and Development prior to conducting exclusion activities. The applicant shall retain a qualified City- and CDFW-approved biologist to monitor all construction activities as warranted to ensure compliance. The approved biologist shall submit monitoring reports to the City and CDFW for review. City of San Luis Obispo; CDFW DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 9 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments conducted not more than 30 days before the start of ground disturbing activities in new areas. If grading and/or construction activities in portions of the site cease for a period of 14 days, those portions of the site will be resurveyed for burrowing owls prior to the resumption of grading and/or construction activities. If no occupied (breeding or wintering) burrowing owl burrows are identified, no further mitigation would be required. If occupied burrows are identified on the site or within 150 meters of the Project disturbance area, one of the following actions shall be taken: 1) permanent avoidance of the burrow or 2) establishment of a temporary avoidance buffer followed by passive relocation and compensatory mitigation for loss of habitat in conjunction with the measures below: Site-specific, no-disturbance buffer zones shall be established and maintained between Project activities and occupied burrows, using the distances recommended in the CDFW guidelines (CDFG 2012) or as otherwise determined appropriate by the City-approved biologist in consultation with CDFW. During the non-breeding season, if an occupied burrow cannot be avoided, and the burrow is not actively in use as a nest, the burrowing owls can be excluded from burrows in accordance with an approved Burrowing Owl Exclusion Plan, which shall be prepared and submitted for approval by CDFW prior to passive relocation of any burrowing owls. The Burrowing Owl Exclusion Plan shall be based on the recommendations made in the CDFG Staff Report on Burrowing Owl Mitigation (CDFG 2012) and shall include the following information for each proposed passive relocation: a. Confirmation by site surveillance that the burrow(s) is empty of burrowing owls and other species; b. Identification of type of scope to be used and appropriate timing of scoping; c. Occupancy factors to look for and what shall guide determination of vacancy and excavation timing; d. Methods for burrow excavation; e. Removal of other potential owl burrow surrogates or refugia on site; f. Methods for photographic documentation of the excavation and closure of the burrow; g. Monitoring of the site to evaluate success and, if needed, to implement remedial measures to prevent subsequent owl use to avoid take; h. Methods for assuring the impacted site shall continually be made inhospitable to burrowing owls and fossorial mammals; and i. Method(s) for compensatory mitigation for burrow loss. BIO-1(k) Nesting Birds and Loggerhead Shrike Impact Avoidance and Minimization Construction activities shall be initiated outside of the typical avian nesting period, between February 1 and August 31, if feasible. All initial site and vegetation disturbance shall be limited to the time period between September 1 and January 31, if feasible. If initial ground disturbing activities and vegetation removal occurs between February 1 and August 31, nesting bird surveys shall be conducted by a qualified biologist for the entire construction area plus a 250-foot buffer within one week Results of pre-construction survey(s) shall be communicated to the City immediately upon completion. The applicant shall submit the results report for the pre-construction surveys within one week of completing the surveys. Buffer reduction requests must be submitted to the City for approval prior to implementation of a reduced buffer. The City shall review the survey results and provide confirmation of compliance with the conditions outlined in the measure. The City shall ensure the avoidance buffers are established and maintained as needed. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 10 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments prior to initial ground disturbance activities or removal of vegetation. Surveys shall continue to be conducted within the timeframes specified above until all vegetation removal activities are completed. If surveys do not locate nesting birds, construction activities may be conducted. If nesting birds are located, no construction activities shall occur within 50 feet of nests of passerine species, including loggerhead shrike, 250 feet of nests of raptor species until chicks are fledged. Any changes in buffer extent shall be made in consultation with the City. The buffer will be delineated with flagging, and no work shall take place within the buffer area until the young have left the nest, as determined by the qualified biologist. BIO-2(a) Jurisdictional Delineation If impacts to seasonal wetland habitat cannot be avoided, the applicant shall retain a qualified biologist to complete a jurisdictional delineation. The jurisdictional delineation shall determine the extent of the jurisdiction of the USACE, RWQCB, and CDFW. The jurisdictional delineation shall be conducted in accordance with the requirement set forth by each agency. The results shall be a preliminary jurisdictional delineation report that shall be submitted to the implementing agency/agencies, USACE, RWQCB, and/or CDFW, as appropriate, for review and approval as part of the permitting process. The applicant shall submit the jurisdictional delineation report to the City prior to approval of grading and construction permits. The City shall ensure that the jurisdictional delineation report has been completed. City of San Luis Obispo BIO-2(b) Prepare a Habitat Mitigation and Monitoring Plan A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared which will provide a minimum 2:1 ratio (number of acres/individuals restored to number of acres/individuals impacted) for temporary and permanent impacts to vernal marsh. The HMMP will identify the specific mitigation sites and can be prepared in conjunction with the Special Status Plant Mitigation Plan. The HMMP will be implemented immediately following project completion. The HMMP shall include, at a minimum, the following components: Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type); Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved]; Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values of the compensatory mitigation site); Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [including plant species to be used, container sizes, seeding rates, etc.]); Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule); Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports); The HMMP shall be prepared by the developer/applicant and shall be submitted for review and approval by the City prior to the approval of grading and construction permits. The applicant shall send annual documentation to the City demonstrating compliance with the HMMP requirements and status of mitigation area. The City shall review and approve the HMMP for compliance prior to issuance of the grading permits and onset of construction. The replacement habitat shall be monitored by a qualified biologist for 5 years. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 11 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 80 percent relative cover by vegetation type; An adaptive management program and remedial measures to address negative impacts to restoration efforts; Notification of completion of compensatory mitigation and agency confirmation; and Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). BIO-2(c) Agency Coordination Impacts to wetlands as a result of the project are anticipated to require permits from CDFW, USACE, and/or RWQCB. The applicant shall comply with all applicable state and federal permitting requirements. The applicant shall obtain and produce for the City correspondence from applicable state and federal agencies indicating compliance of the proposed development with state and federal laws. The applicant shall submit copies of correspondence and/or permits (as applicable) with applicable agencies to the City prior to approval of grading and construction permits. The City shall confirm that the applicant has obtained all necessary permits and approvals. City compliance staff shall monitor and inspect to ensure that required measures are implemented during grading and construction of the project. City of San Luis Obispo BIO-2(d). Wetland Mitigation Impacts to federal and state wetlands (as defined by the Clean Water Act Section 404 and the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State) shall be mitigated at a minimum ratio of 2:1 (acres of wetlands created to acres of wetlands permanently impacted) to meet the performance standard of no net loss of wetland habitat. The mitigation program shall be developed by a qualified biologist and be incorporated into and conform with the requirements for the Habitat Mitigation and Monitoring Plan. The mitigation shall be implemented for no less than five years after construction or until the local jurisdiction and/or the permitting authority (e.g., USACE) has determined that restoration has been successful. The applicant shall submit the HMMP to the City as well as the USACE, RWQCB, and/or CDFW (depending upon the agencies permitting authority over the project) for review and approval prior to issuance of grading permits. The applicant shall send annual documentation to the City demonstrating compliance with the HMMP requirements and status of mitigation area. The City shall review and approve the HMMP for compliance prior to issuance of the grading permits and onset of construction. The replacement habitat shall be monitored by a qualified biologist for 5 years. City of San Luis Obispo; and USACE, RWQCB, and/or CDFW BIO-2(e) Jurisdictional Areas Best Management Practices During Construction The following best management practices shall be required for grading and construction within jurisdictional areas or wetlands where impacts are authorized. In addition, the measures shall be required at locations where construction occurs within 100 feet from jurisdictional areas or wetlands. Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the project goal and minimize impacts to other waters (federal and state) including locating access routes and ancillary construction areas outside of jurisdictional areas. To control erosion and sediment runoff during and after project implementation, appropriate erosion control materials shall be deployed and maintained to minimize adverse effects on jurisdictional areas in the vicinity of the project. Project activities within the jurisdictional areas should occur during the dry season (typically between May 1 and September 30) in any given year, or as otherwise directed by the regulatory agencies. Deviations from this work window can be made with permission from the relevant regulatory agencies. During construction, no litter or construction debris shall be placed within jurisdictional areas. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site. These measures shall be implemented during grading and construction and shall be included on all land use, grading, and building plans. The applicant shall provide the City with documentation of compliance with the above measures in monthly reports. City compliance staff shall periodically inspect to ensure compliance. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 12 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments All project-generated debris, building materials, and rubbish shall be removed from jurisdictional areas and from areas where such materials could be washed into them. Raw cement, concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic species resulting from project-related activities, shall be prevented from contaminating the soil and/or entering jurisdictional areas. All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from bodies of water and in a location where a potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). Prior to the onset of work activities, a plan must be in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should an accidental spill occur. Cultural Resources CUL-1(a) Construction Monitoring Treatment Plan A Construction Monitoring Treatment Plan shall be developed and implemented to ensure that any new discoveries are adequately recorded, evaluated, and if, significant, mitigated. The Construction Monitoring Treatment Plan shall provide the following: a. All ground disturbances within 200 feet of the top of bank of Acacia Creek shall be monitored by a qualified archaeologist and Native American observer and all ground disturbance within 50 feet of the mapped boundaries of Feature 26 and Feature 27 shall be monitored by a qualified archaeologist. b. Procedures for notifying the City and other involved or interested parties in case of a new discovery. The qualified archaeologist and/or Native American observer shall have the authority to temporarily halt or redirect construction in the vicinity of any potentially significant discovery to allow for adequate recordation and evaluation. c. Preparation and approval of a plan that identifies procedures that shall be used to record, evaluate, and mitigate unanticipated discoveries with a minimum of delay. d. Procedures that shall be followed in case of discovery of human remains. In the event that isolated human remains are encountered, consultation with the most likely Native American descendant, pursuant to Public Resources Code section 5097.97 and 5097.98, shall apply. e. Results of the monitoring program shall be documented in a technical report after completion of all ground disturbances. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of grading permits, the Applicant shall submit to the City Construction Monitoring Treatment Plan prepared by a qualified archaeologist. The City shall review and approve the City Construction Monitoring Treatment Plan. City permit compliance staff shall confirm monitoring by the qualified archaeologist and Native American representative and City grading inspectors shall spot check fieldwork. The qualified archaeologist and Native American representative shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo CUL-1(b) Archaeological Monitoring Within 200 Feet of Acacia Creek Top of Bank All construction-related ground disturbances, including clearing/grubbing, within 200 feet of the top of bank of Acacia Creek shall be monitored by a qualified archaeologist and a Native American representative. Depending on the type of work, multiple teams of monitors may be necessary to observe construction activities occurring in separate areas. In the event that archaeological remains are The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of grading permits, the Applicant shall submit to the City a contract or Letter of Commitment with a qualified archaeologist and Native American representative. The City shall review and approve the selected archaeologist to ensure they meet The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of grading permits, the Applicant shall submit to the City a contract or Letter of Commitment with a qualified archaeologist and Native American representative. The City shall review and approve the selected City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 13 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments encountered during construction, City of San Luis Obispo staff shall be notified and all work within 50 feet of the find shall be halted until the find is evaluated by a qualified archaeologist and appropriate mitigation, if necessary, is implemented. If archaeological remains are identified, the resource shall be evaluated for significance under City Archaeological Resource Preservation Program Guidelines (ARPPG) and CEQA and further treatment measures including but not limited to avoidance consistent with City of San Luis Obispo General Plan Policies, Phase 2 Subsurface Archaeological Resource Evaluation (SARE), or Phase 3 Archaeological Data Recovery Excavation (ADRE) may be required. Work within 50 feet of the find shall not resume until authorization is received from the City. appropriate professional qualification standards, consistent with the ARPP Guidelines. archaeologist to ensure they meet appropriate professional qualification standards, consistent with the ARPP Guidelines. CUL-1(c) Archaeological Monitoring Within 50 feet of Feature 26 and Feature 27 All construction-related ground disturbances, including clearing/grubbing, within 50 feet of the mapped boundaries of Feature 26 and Feature 27 shall be monitored by a qualified archaeologist. In the event that archaeological remains are encountered during construction, City of San Luis Obispo staff shall be notified and all work within 50 feet of the find shall be halted until the find is evaluated by a qualified archaeologist and appropriate mitigation, if necessary, is implemented. If archaeological remains are identified, the resource shall be evaluated for significance under City Archaeological Resource Preservation Program Guidelines (ARPPG) and CEQA and further treatment measures including but not limited to avoidance consistent with City of San Luis Obispo General Plan Policies, Phase 2 Subsurface Archaeological Resource Evaluation (SARE), or Phase 3 Archaeological Data Recovery Excavation (ADRE) may be required. Work within 50 feet of the find shall not resume until authorization is received from the City. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of grading permits, the Applicant shall submit to the City a contract or Letter of Commitment with a qualified archaeologist and Native American representative. The City shall review and approve the selected archaeologist to ensure they meet appropriate professional qualification standards, consistent with the ARPP Guidelines. City permit compliance staff shall confirm monitoring by the City-approved archaeologist and Native American representative and City grading inspectors shall spot check fieldwork. The City-approved archaeologist and Native American representative shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo CUL-1(d) Unanticipated Discovery of Historical or Archaeological Resources In the event prehistoric or historic-period materials not identified during the ARI prepared for the project are encountered during construction-related ground disturbances, ground-disturbing activities within 50 feet of the discovery shall be halted, and a qualified archaeologist shall be contacted to determine if materials are isolated finds or part of a larger archaeological deposit. If the discovery is prehistoric, a Native American representative shall be contacted to participate in the evaluation of the discovery. Appropriate City of San Luis Obispo staff shall also be notified. Prehistoric materials may include chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (midden) containing artifacts or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones). Historic-period materials might include stone, concrete, wood or adobe building foundations, corrals, and walls; filled wells or privies; mining features; and deposits of metal, glass, and/or ceramic refuse. If an archaeological site is identified, the resource should be evaluated for significance under City Archaeological Resource Preservation Program Guidelines (ARPPG) and CEQA and further treatment measures including but not limited to avoidance consistent with City of San Luis Obispo General Plan Policies, Phase 2 Subsurface Archaeological Resource Evaluation (SARE), or Phase 3 Archaeological Data Recovery Excavation (ADRE) may be required. Work within 50 feet of the discovery shall not resume until authorization is received from the City. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of grading permits, the Applicant shall submit to the City a contract or Letter of Commitment with a qualified archaeologist and Native American representative. The City shall review and approve the selected archaeologist to ensure they meet appropriate professional qualification standards, consistent with the ARPP Guidelines. City permit compliance staff shall confirm monitoring by the City-approved archaeologist and Native American representative and City grading inspectors shall spot check fieldwork. The City-approved archaeologist and Native American representative shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 14 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments CUL-2(a) Unanticipated Discovery of Tribal Cultural Resources In the event that a resource of Native American origin is identified during construction, the City of San Luis Obispo staff shall contact all California Native American tribe(s) that have expressed interest in the project and begin or continue consultation procedures with any tribe or tribes that request consultation. If an archaeological site is identified, the resource should be evaluated for significance under City Archaeological Resource Preservation Program Guidelines (ARPPG) and CEQA. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and the proposed project would have a potentially significant impact to the resource, a tribal cultural resource mitigation plan shall be prepared and implemented in accordance with State guidelines (PRC Sections 21080.3.2, 21080.3.3, 21084.3) and in consultation with Native American groups. The mitigation plan may include but would not be limited to avoidance, capping in place, excavation and removal of the resource, interpretive displays, sensitive area signage, or other mutually agreed upon measures. This condition shall be printed on all building and grading plans. City permit compliance staff shall check plans prior to issuance of grading permits, and City compliance monitoring staff shall spot check in the field throughout grading and construction. City of San Luis Obispo Geology and Soils GEO-1(a) Paleontological Monitoring Prior to issuance of grading permits and the commencement of ground disturbing activities on the project site that are greater than six feet in depth, a qualified professional paleontologist shall be retained to conduct paleontological monitoring during such ground disturbing activities. The Qualified Paleontologist shall have knowledge of the local paleontology and shall be familiar with paleontological procedures and techniques. Prior to the commencement of construction activities, an orientation meeting shall be conducted by the Qualified Paleontologist, general contractor, subcontractor, and construction workers associated with earth disturbing activities. The orientation meeting shall describe the potential of exposing paleontological resources, the types of materials may be encountered, and directions on the steps that shall be taken if such a find is encountered. Ground disturbing construction activities (including grading, trenching, drilling with an auger greater than 3 feet in diameter, and other excavation) within previously undisturbed sediments at depths greater than six feet shall be monitored on a full-time basis. Monitoring shall be supervised by the Qualified Paleontologist and shall be conducted by a qualified paleontological monitor, who is defined as an individual who meets the minimum qualifications per standards set forth by the SVP (2010), which includes a B.S. or B.A. degree in geology or paleontology with one year of monitoring experience and knowledge of collection and salvage of paleontological resources. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, he or she may recommend reducing monitoring to periodic spot-checking or cease entirely. Full-time monitoring shall be reinstated if any new ground disturbances are required at a depth of six feet or greater, and reduction or suspension would need to be reconsidered by the Qualified Paleontologist. Ground-disturbing activity that does not exceed six feet in depth within Quaternary alluvium would not require paleontological monitoring. Prior to issuance of grading permits, the Applicant shall submit to the City a contract or Letter of Commitment with a Qualified Paleontologist. The City shall review and approve the Qualified Paleontologist to ensure they meet appropriate professional qualification standards, consistent with the SVP standards. Prior to issuance of grading permits, the Applicant shall submit to the City the required Paleontological Monitoring Plan prepared by a Qualified Paleontologist. The City shall review and approve the Paleontological Monitoring Plan. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. City permit compliance staff shall check plans prior to issuance of grading permits. City permit compliance staff shall confirm monitoring by the Qualified Paleontologist and City grading inspectors shall spot check in the field throughout grading and construction. The Qualified Paleontologist shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 15 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments GEO-1(b) Fossil Discovery, Preparation, and Curation In the event that a paleontological resource is discovered, the monitor shall have the authority to temporarily divert construction equipment around the find until it is assessed for scientific significance and collected. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection along with all pertinent field notes, photos, data, and maps. Curation fees are assessed by the repository and are the responsibility of the project owner. Prior to issuance of grading permits, the Applicant shall submit to the City the required Paleontological Monitoring Plan prepared by a Qualified Paleontologist. The City shall review and approve the Paleontological Monitoring Plan. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. City permit compliance staff shall check plans prior to issuance of grading permits. City permit compliance staff shall confirm monitoring by the Qualified Paleontologist and City grading inspectors shall spot check in the field throughout grading and construction. The Qualified Paleontologist shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo GEO-1(c) Paleontological Monitoring Plan Prior to the start of ground-disturbing activities, a Paleontological Monitoring Plan shall be prepared and submitted to the City for review and approval. The Plan shall be prepared by a Qualified Paleontologist and shall address the following: Procedures for Paleontological Monitoring; Procedures for the paleontologist to make and implement recommendations as to whether or not monitoring should be required on a full-time basis; Procedures for the paleontological monitor to temporarily redirect construction away from an area if paleontological resources are encountered during grading or excavation in order to assess the significance of the find; and Procedures for the handling of collected resources, including preparation to the point of identification. Prior to issuance of grading permits, the Applicant shall submit to the City the required Paleontological Monitoring Plan prepared by a Qualified Paleontologist. The City shall review and approve the Paleontological Monitoring Plan. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. City permit compliance staff shall check plans prior to issuance of grading permits. City permit compliance staff shall confirm monitoring by the Qualified Paleontologist and City grading inspectors shall spot check in the field throughout grading and construction. The Qualified Paleontologist shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo GEO-1(d) Final Paleontological Mitigation Report At the conclusion of laboratory work and museum curation, a final report shall be prepared describing the results of the paleontological mitigation monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the City and the designated museum repository. Applicant shall submit to the City and the designated museum repository the required Paleontological Mitigation Report at the conclusion of laboratory work and museum curation. City permit compliance staff shall check plans prior to issuance of grading permits. The Qualified Paleontologist shall ensure that actions consistent with this mitigation measure are implemented in the event of any inadvertent discovery. City of San Luis Obispo Hazards, Hazardous Materials, and Safety HAZ-1(a) Soil Management Plan Prior to issuance of any grading permits for the planned roundabout and frontage improvements along Tank Farm Road and the future alignment of Santa Fe Road, a contaminated soil assessment shall be completed in the portions of land to be graded for the identified improvements. Soil samples shall be collected under the supervision of a professional geologist or environmental professional to determine the presence or absence of contaminated soil in these areas. The sampling density shall be in accordance with guidance from San Luis Obispo County Environmental Health Services (EHS), so as to define the area of contaminated soil that may be disturbed by grading activities. Laboratory analysis of soil samples shall be analyzed for the presence of petroleum hydrocarbons, VOCs, and heavy metals in accordance with applicable US EPA Test Methods. If soil sampling indicates the presence of hydrocarbon contamination, metal concentrations, or other contaminants exceeding applicable environmental The contaminated soils assessment and SMP, if necessary, shall be submitted and approved by City compliance monitoring staff and County EHS prior to the issuance of project grading permits. As applicable, the City shall ensure implementation of the SMP according to the measures included therein and as approved by County EHS. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 16 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments screening levels as provided by the EHS, the soil assessment shall identify the area of contaminated soil that may be disturbed by grading activities. An Environmental Site Assessment (ESA) shall be prepared detailing the soil sampling, analysis, and findings and submitted to the EHS for review. If concentrations of contaminants exceed the EHS-provided environmental screening levels, the applicant shall prepare and implement a Soil Management Plan (SMP). The SMP shall be reviewed and approved by EHS prior to issuance of grading permits. The plan shall communicate information to project construction workers about environmental conditions and will present measures to mitigate potential risks to the environment, construction workers, and other nearby receptors from potential exposure to hazardous substances that may be associated with unknown conditions or unexpected underground structures, and known contaminated soil or groundwater encountered during construction activities. The SMP shall be updated and the updated recommendations shall be followed if the following occurs: A change in project site uses; Receipt of additional information pertaining to project site environmental conditions; Updated chemical toxicity information for contaminants detected at the project site based on revised regulatory screening levels; or, New legal or regulatory soil management requirements applicable to the project site. HAZ-1(b) Discovery of Contaminated Soils Should petroleum hydrocarbon- and volatile organic compound (VOC)-contaminated soil, metal concentrations exceeding applicable screening criteria, or other hazardous materials be discovered during construction activities, SLOAPCD must be notified as soon as possible and no later than 48 hours after affected material is discovered to determine if a SLOAPCD Permit will be required. In addition, the following measures shall be implemented immediately on discovery of contaminated soil: Covers on soil stockpiles shall be maintained in place at all times in areas not actively involved in soil addition or removal; Contaminated soil shall be covered with at least six inches of packed uncontaminated soil or a non-permeable hydrocarbon barrier. If a hydrocarbon barrier is used, no headspace shall be allowed where vapors could accumulate; Covered piles shall be designed and installed without openings to minimize erosion due to wind or water; Criteria pollutant emissions from excavation and haul trips associated with removing contaminated soil shall be quantified and mitigated if total emissions would exceed applicable SLOAPCD construction phase thresholds; During soil excavation, odors shall be minimized to avoid public nuisance; and, Clean soil shall be segregated from contaminated soil. The notification and permitting determination requirements shall be directed to the SLOAPCD Engineering & Compliance Division. The conditions for discovery of contaminated soils shall be printed on all building and grading plans. City grading inspectors shall spot check fieldwork. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 17 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments HAZ-3(a) Tank Farm Road Interim Pedestrian Safety Signage The project applicant shall fund and install interim signage along Tank Farm Road west of Santa Fe Road to highlight potential safety hazards to pedestrians along this connection. The signage shall be designed and installed consistent with applicable City Engineering Standards to the satisfaction of the Public Works Director. The signage shall remain in place until the future shared-use pedestrian/bicycle path along the north side of Tank Farm Road between Santa Fe Road and Innovation Way is constructed and open to the public. The applicant shall submit public improvement plans that detail the proposed sign installations for review and approval by the City prior to issuance of any building permits. The signs shall be installed prior to issuance of any occupancy permits. Construction of the required improvements may require coordination with and an encroachment permit from San Luis Obispo County. The City shall verify that the applicant installs the improvements in accordance with approved design plans. City of San Luis Obispo Noise N-1(a) Construction-Related Noise Reduction Measures The applicant shall apply the following measures during construction of the project site: Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities. Equipment Staging. All stationary equipment (e.g., air compressors, portable generators) shall be staged as far away from sensitive receptors as feasible. Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction. Temporary Sound Barriers. During the site preparation, grading, building, and paving phases of construction, temporary sound barriers shall be installed and maintained facing noise-sensitive receptors within 300 feet of the project site (e.g., residences at the neighboring mobile home park). Temporary sound barriers typically consist of construction fence batted with light sound blankets. Temporary sound barriers shall, at a minimum, block the line of sight between the engines of diesel-powered construction equipment (typically 3 feet above grade) and adjacent windows at sensitive receptors and shall be placed as close to the source equipment as feasible. Such barriers shall be field tested to reduce noise by at least 10 dBA at sensitive receptors. (A sound barrier can achieve a 5 dBA noise level reduction when it is tall enough to break the line-of-sight from the source equipment to the sensitive receptor, and it can achieve an approximate 1 dBA additional noise level reduction for each 2 feet of height after it breaks the line of sight ([FHWA] 2011). Mobile sound barriers may be used as appropriate to attenuate construction noise near the source equipment. Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler) and Construction plans shall note construction hours, truck routes, and required noise reduction measures, and shall be submitted to the City for approval prior to grading and building permit issuance for each project phase. Noise reduction measures shall be identified and described for submittal to the City for review and approval prior to building or grading permit issuance. They 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. 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 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. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
City of San Luis Obispo 600 Tank Farm Road Mixed-Use Project Mitigation Monitoring and Reporting Program Response to Comments 18 Mitigation Measure Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. N-1(b) Neighboring Property Owner Notification and Construction Noise Complaints The contractor shall inform residents and business operators at properties within 300 feet of the project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Proof of mailing the notices shall be provided to the Community Development Department before the City issues a zoning clearance. Signs shall be in place before beginning of and throughout grading and construction activities. Noise-related complaints shall be directed to the City’s Community Development Department. Schedule and neighboring property owner notification mailing list shall be submitted 10 days prior to initiation of any earth movement. 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. City of San Luis Obispo DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F
T A N K F A R M
SANTA FEEXHIBIT - C GENP-0814-2019
Existing Land Use - Business Park (Left)Proposed Land Use - Services & Manufacturing (Right)¯
T A N K F A R M
SANTA FELegend
Open Space
Community Commercial
Recreation
Low Density Residential
Medium Density Residential
Medium-high Density Residential
Public
Neighborhood Commercial
Business Park
Sevrices & Manufacturing
DocuSign Envelope ID: 79E0542E-F7DB-476A-9DAD-F58BED36AB9F