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HomeMy WebLinkAboutPC-1055-2022 (ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021 and EID-0528-2021 -- 55 Broad St.)RESOLUTION NO. PC-1055-22 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE EXPANSION OF AN EXISTING RESIDENTIAL CARE FACILITY (THE VILLAGES) TO PROVIDE TWO NEW THREE- AND FOUR-STORY STRUCTURES CONSISTING OF A TOTAL OF 59 ROOMS. PROJECT INCLUDES AN AMENDMENT TO THE EXISTING PLANNED DEVELOPMENT PRECISE PLAN, THE PROJECT ALSO INCLUDES THE FOLLOWING EXCEPTIONS: CREEK SETBACK OF 20 FEET FOR THE UPPER STORIES OF BUILDING A, CREEK SETBACK 28 FEET FOR THE UPPER STORIES OF BUILDING B, CREEK SETBACK FOR PAVING AND GRADING, FRONT YARD EXCEPTION OF 7 FEET WHERE 10 FEET IS NORMALLY REQUIRED, FRONT YARD PARKING EXCEPTION, PARKING IN THE CREEK SETBACK, MAXIMUM BUILDING HEIGHT DEVIATION, ABANDONMENT OR RELOCATION OF AN EXISTING PUBLIC STORMDRAIN EASEMENT, MONUMENT SIGNS, AND TRASH ENCLOSURE LOCATED WITHIN THE STREET YARD. THE PROJECT INCLUDES A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 23, 2022 (55 BROAD STREET, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528- 2021) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on February 10, 1965, approved the Precise Plan for the Planned Development located at 71 North Broad Street, pursuant to Resolution No. 1367 (1965 Series); Tropicana Housing, Ltd, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on April 27, 1988, to amend the Precise Plan to modify the third structure into a three story building with 42 residential units, known as ‘The Gardens’, pursuant to Planning Commission Resolution No. 1369, Tropicana Housing, Ltd, applicant; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on May 20, 1997, to amend the Precise Plan to convert the student housing residences into an assisting living center for senior housing, pursuant to Resolution No. 8673 (1997); and WHEREAS, the Tree Committee of the City of San Luis Obispo meeting was conducted via teleconference on October 25, 2021, recommending the Planning Commission find the project consistent with the Tree Removal Ordinance, pursuant to a proceeding instituted under ARCH- 0386-2020, Morrison I, LP, applicant; and Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 2 WHEREAS, the Architectural Review Commission of the City of San Luis Obispo meeting was conducted via teleconference on November 1, 2021, continuing the project to a date uncertain to address eleven directional items for consistency with the Community Design Guidelines, pursuant to a proceeding instituted under ARCH-0506-2019, Morrison I, LP, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo meeting was conducted via teleconference on December 6, 2021, recommending approval of the project to the Planning Commission based on consistency with the Community Design Guidelines, pursuant to a proceeding instituted under ARCH-0506-2019, Morrison I, LP, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was conducted via teleconference on February 9, 2022, recommending a continuance to a date certain on March 23, 2022 to address questions regarding the proposed conditions on the project, pursuant to a proceeding instituted under ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID- 0528-2021, Morrison I, LP, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was conducted via teleconference on March 23, 2022, pursuant to a proceeding instituted under ARCH- 0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021, Morrison I, LP, applicant; and WHEREAS, the Planning Commission 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 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval to the project (ARCH-0386-2020, USE-0387-2020, & PDEV-0001-2021), based on the following findings: 1. The project is consistent with the Land Use Element (LUE) because the project provides multi-family dwellings which is consistent with uses intended for the High-Density Residential land use designation (LUE Table 1). The project is also consistent with the Circulation Element (CE) where new development is required to provide fair share responsibility for improvements to the street, bike, lanes, sidewalks and incorporates traffic calming measures to accomplish the objectives of the General Plan. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 3 2. As conditioned, the project is consistent with the Zoning Regulations because the proposed building design complies with the development standards for the project within the High Density Residential (R-4) zone (Municipal Code Chapter 17.22). 3. The proposed Planned Development Precise Plan amendment is consistent with Council Resolution No. 1367 (1965 Series) and Council Resolution No. 8673 (1997) because the amendment is limited to changes in the size and position of structures and does not include any changes to the overall density or land uses of the project site. Minor Use Permit Findings 4. As conditioned, the establishment, maintenance, or operation of the proposed project will not, in the circumstances of this particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City because the project has been designed to address noise, glare, and pedestrian traffic through the orientation of the building and internal pedestrian connections to the street and adjacent uses. The project is compatible and consistent with the mix of residential and non- residential uses in the neighborhood. 5. As conditioned, the proposed project is consistent with the General Plan Housing Element for this location since the project proposes to expand an existing residential care facility that includes opportunity for housing for the elderly and residential uses that are consistent with activities envisioned by the High-Density Residential Land Use designation. 6. As conditioned, the project complies with all applicable provisions of the Zoning Regulations as described within the property development standards for the R-4 zone and in accordance with allowances under Chapter 17.48 (Planned Development Overlay Zone). The proposed uses are compatible with the project site and with existing and potential uses in the vicinity which include religious facilities, commercial retail, and residential uses. 7. As conditioned, the residential care facility is compatible at this location because the project is located in an area that has been developed with residential and non-residential uses to the east and north. The project is compatible with existing and future land uses in the vicinity because the project has been designed to reflect high-density residential development with open space areas that are located internal to the site. 8. The site is physically suitable in terms of public utilities, traffic generation, and public emergency vehicle access, because the proposed project is within an existing developed neighborhood that provides adequate utilities, vehicle parking, and site circulation. The site is adequate for the project in terms of size, configuration, topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. Development Review Findings Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 4 9. As conditioned, the project is consistent with the Community Design Guidelines for infill development because the architectural style is complementary to the surrounding neighborhood and is designed consistent with the prevailing building height and setback pattern of the neighborhood. 10. As conditioned, 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 are compatible with the design and scale of the existing structures in the surrounding neighborhood (CDG, Chapter 5.3). 11. As conditioned, the project respects the privacy of adjacent residences through appropriate building orientation and windows that minimize overlook and do not impair the privacy of the indoor or outdoor living space of neighboring structures. 12. 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. Planned Development (PD) Overlay Findings 13. The proposed PD amendment providing for the two new structures is consistent with the General Plan because it provides for the expansion of an existing residential care facility for seniors, which is consistent with the intent of the High-Density Residential Land Use Designation for the property. 14. The expansion of the existing residential care facility is allowed use within the High-Density Residential zone. 15. As conditioned, the project complies with all applicable provisions of the Zoning Regulations other than the requested deviation from development standards to allow a greater maximum height for the buildings in accordance with Zoning Regulations §17.48.030.D that allows for deviations within PD-Overlay zoning where determined necessary and justifiable to accommodate the development of the project. 16. As conditioned, the proposed modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the superior design of the proposed project, and the project design is compatibility with adjacent land uses. 17. As conditioned, the project design complies with all applicable Community Design Guidelines. 18. All affected public facilities, services, and utilities are adequate to serve the proposed project site. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 5 19. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and is compatible with the character of the site for land uses and development intended for the surrounding neighborhood by the General Plan. 20. The site is adequate for the project in terms of size, configuration, topography, and other applicable features. 21. The PD amendment provides a community benefit by providing senior housing for citizens to age in place which directly implements objectives of the General Plan Housing Element for special needs housing. 22. The community benefit of providing additional senior housing does not principally benefit the project or occupants of the project, but rather provides a district or area-wide benefit within San Luis Obispo. 23. The site has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. 24. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Creek Setback Exception Findings 25. As conditioned, the location and design of Buildings A and B, and the proposed parking areas receiving the creek setback 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 through BIO-7 that requires a qualified biologist to ensure no sensitive species are disturbed on the site prior to construction activities associated with the project. 26. As conditioned, the exceptions for portions of Building A to reduce the upper story setback requirement to 20 feet, and portions of Building B to reduce the upper story setback requirement to 28 feet, where 30 feet is normally required, as well as the proposed parking area within the creek setback will not limit the City’s design options for providing flood control measures that are needed to achieve adopted City flood policies. 27. The exceptions will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans because the new structures exceed the minimum setback requirement of 20 feet from the top of bank, and the exceptions are only for the third and fourth stories of the buildings, and the proposed parking area is intended to replace an existing parking area within the creek setback. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 6 28. There are circumstances applying to the site, such as a greater setback requirement than other properties in the vicinity due to multiple street frontages, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning. 29. The exceptions will not constitute a grant of special privilege because the parking area is to replace an existing parking area within the creek setback, and the upper story setback exceptions for Buildings A and B are considered minor. 30. 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-6 and BIO-7 that require training of construction workers to avoid impacts to the creek corridor, riparian habitat, nesting birds, or any other wildlife prior to initiating construction. 31. 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. Sign Program Findings 32. The project site provides unusual circumstances which make strict adherence to the sign regulations impractical, as the project consists of an expansion of an existing residential care facility within a residential zone with three street frontages. The proposed sign program represents an innovative design consistent with the architectural style of the project. 33. The sign program is consistent with the intent and purpose of the Sign Regulations as each sign is consistent with all other limitations regarding number and size of signs allowed for the specific sign types (monument signs). The architectural style of the project has been designed to accommodate signage for the property that would provide sufficient visibility to the public. 34. The proposed signs consist of a superior design that complies with the Design Principles of the Sign Regulations that do not result in clutter or excessively sized signage in comparison to the other structures in the vicinity. The proposed signs have been reviewed by the Architectural Review Commission and found to be consistent with the intent of the Sign Regulations and Community Design Guidelines. SECTION 2. Environmental Review. An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental effects of the proposed project. Minor clarifications have been incorporated into the IS/MND following receipt of comments on the publicly circulated draft, and these minor clarifications support the impact determinations and conclusions of the Public Draft Initial Study, do not result in any modification of mitigation measures, and do not warrant recirculation of the IS/MND. The Planning Commission hereby adopts the IS/MND and associated Mitigation, Monitoring, and Reporting Program, based on incorporation of the following mitigation measures, which will reduce potential environmental impacts to less than significant. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 7 Air Quality AQ-1 During all construction activities and use of diesel vehicles, the Applicant shall implement the following idling control techniques: 1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors if feasible; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment shall be used whenever possible; and d. Signs that specify the no idling requirements shall be posted and enforced at the construction site. 2. California Diesel Idling Regulations. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: a. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: http://www.arb.ca.gov/msprog/truck-idling/2485.pdf. AQ-2 During all construction and ground-disturbing activities, the Applicant shall implement the following particulate matter control measures and detail each measure on the project grading and building plans: 1. Reduce the amount of disturbed area where possible. 2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the San Luis Obispo County Air Pollution Control District (SLOAPCD) limit of 20% opacity for no greater than 3 minutes in any 60-minute period. Increased watering frequency shall be required whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading activities during periods of winds over 25 mph. Reclaimed (non-potable) water is to be used in all construction and dust-control work. 3. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 8 4. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil-disturbing activities. 5. Exposed grounds that are planned to be reworked at dates greater than 1 month after initial grading shall be sown with a fast-germinating, non-invasive, grass seed and watered until vegetation is established. 6. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical binders, jute netting, or other methods approved in advance by the SLOAPCD. 7. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. 10. Install wheel washers where vehicles enter and exit unpaved roads onto streets or wash off trucks and equipment leaving the site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. 11. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible. 12. All PM10 mitigation measures required shall be shown on grading and building plans. 13. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the SLOAPCD limit of 20% opacity for no greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Compliance Division prior to the start of any site preparation, grading, or earthwork. 14. All off-road construction equipment shall be Tier 3 or higher. AQ-3 Prior to initiation of site preparation/construction activities, the Applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board (CARB) Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (CARB ATCM Section 93105) and SLOAPCD requirements. This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb naturally occurring Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 9 asbestos (NOA), the Applicant must file an Asbestos ATCM exemption request with the SLOAPCD. AQ-4 If NOA are determined to be present on-site, proposed earthwork and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding NOA, including the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (CARB ATCM Section 93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 Code of Federal Regulations 61, Subpart M – Asbestos). These requirements include, but are not limited to, the following: 1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; 2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and 3. Implementation of applicable removal and disposal protocol and requirements for identified NOA. Monitoring Program: Measures AQ-1 through AQ-4 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the SLOAPCD, as necessary. The applicant shall submit the geologic evaluation detailed in measure AQ-3 to the City Community Development Department upon completion. Biological Resources BIO-1 Obscure Bumble Bee. Prior to any site disturbance and/or construction activities associated with the proposed project, the Applicant shall retain a City-approved qualified biologist to conduct preconstruction survey(s) for obscure bumble bee within suitable habitat areas (e.g., small mammal burrows, thatched/bunch grasses, upland scrubs, brush piles, unmowed/overgrown areas, dead trees, hollow logs, etc.) on the project site and areas within 50 feet of the project site. At a minimum, the survey effort shall include visual search methods targeting colonies or individuals. Upon completion of the surveys, the biologist shall prepare a survey report summarizing the findings and submit it to the City Community Development Department. If the survey(s) establish presence of obscure bumble bee within the areas of disturbance, the Applicant shall retain a City-approved biologist to prepare a Biological Resources Management Plan (Management Plan) subject to review and approval of the City Community Development Department in coordination with the California Department of Fish and Wildlife (CDFW). The Management Plan shall include avoidance measures to conduct project activities in such a manner that avoids physical disturbances to the colony/nest site, including a minimum 50-foot no disturbance buffer to avoid take and potentially significant impacts. Upon approval by the City Community Development Department and prior to and during construction, the Management Plan shall be implemented to ensure potentially significant impacts to the obscure bumble bee are Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 10 avoided. Following approval, avoidance measures included in the Management Plan shall be implemented at appropriate times during construction activities. BIO-2 Northern California Legless Lizard. Between 2 and 4 weeks prior to initiation of construction activities, a City-approved biologist shall conduct surveys for northern California legless lizards. The surveyor shall utilize hand search or cover board methods in areas of disturbance where northern California legless lizards are expected to be found (e.g., under shrubs, other vegetation, or debris within the ornamental and riparian habitats on-site). If cover board methods are used, they shall commence at least 30 days prior to the start of construction. Hand search surveys shall be completed immediately prior to and during grading activities. During grading activities, the City-approved biologist shall walk behind the grading equipment to capture legless lizards that are unearthed by the equipment. The surveyor shall capture and relocate any legless lizards or other reptiles observed during the survey effort. The captured individuals shall be relocated from the construction area and placed in suitable habitat on-site but outside of the work area. Following the survey and monitoring efforts, the City-approved biologist shall submit to the City a project completion report that documents the number of northern California legless lizards and other reptiles captured and relocated, and the number of legless lizards or other reptiles taken during grading activities. Observations of these species or other special-status species shall be documented on California Natural Diversity Database (CNDDB) forms and submitted to the CDFW upon project completion. BIO-3 Tree Replacement. In accordance with the City’s Municipal Code for Tree Removal (12.24.090), trees that are removed with a minimum diameter at breast height (dbh) of 3 inches shall be replaced at a 1:1 ratio on-site. A compensatory tree planting program shall be developed and implemented and shall include areas within the creek setback area. Additional tree planting shall take place within the development as part of the landscaping effort to mitigate all tree removal on the site. The Applicant shall meet the final specifications of the City’s municipal code for tree protection and replacement to receive permit approval. BIO-4 Migratory Birds. If any ground disturbance will occur during the nesting bird season (February 1–September 15), prior to any ground-disturbing activity, a preconstruction nesting bird survey shall be conducted by a qualified biologist within 1 week prior to the start of activities. If nesting birds are located on or near the project site, they shall be avoided until they have successfully fledged, or the nest is no longer deemed active. A non- disturbance buffer of 50 feet will be implemented for non-listed, passerine species and a 250-foot buffer will be implemented for raptor species. No construction activities will be permitted within established nesting bird buffers until a qualified biologist has determined that the young have fledged or that proposed construction activities would not cause adverse impacts to the nest, adults, eggs, or young. If special-status avian species are identified, no work shall be conducted until an appropriate buffer is determined in consultation with the City and the U.S. Fish and Wildlife Service (USFWS) and/or CDFW. BIO-5 Roosting Bat Surveys. Within 2 weeks prior to removal of any trees, a qualified biologist shall survey the proposed trees to be removed to identify if roosting bats are present. If bats are found to be roosting, tree removal will be postponed until such time that roosting bats Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 11 are no longer present. If postponement is not feasible, a Bat Exclusion Plan shall be prepared by a qualified biologist and submitted to the CDFW and the City for review and approval prior to construction. At a minimum, the exclusion plan shall describe the proposed action, background on the surveys conducted to date, installation and removal of exclusion materials, and the reporting process. BIO-6 Worker Environmental Awareness Program. As an additional protection measure to avoid impacts to the creek corridor, riparian habitat, nesting birds, and other wildlife, the project Applicant shall have a City-qualified biologist prepare a Worker Environmental Awareness Program that will be presented to all project personnel prior to the start of construction. This program shall detail measures to avoid impacts on biological resources and shall include a description of special-status species potentially occurring on the project site and their natural history, the status of the species and their protection under environmental laws and regulations, and the penalties for take. Review of the erosion and sediment control measures (see Mitigation Measure BIO-7), as well as any other appropriate recommendations, shall be given as actions to avoid impacts to all wildlife during construction. Other aspects of the training shall include a description of general measures to protect wildlife, including: 1. Delineation of the allowable work area, staging areas, access points, and limits to vehicle access; 2. Storage of all pipes, metal tubing, or similar materials stored or stacked on the project site for one or more overnight periods shall be either securely capped before storage or thoroughly inspected for wildlife before the materials are moved, buried, capped, or otherwise used. 3. Inspected of materials stored on-site, such as lumber, plywood, and rolls of silt fence, for wildlife that may have sheltered under or within the materials; 4. Use of netting to exclude birds from nesting in construction materials; 5. Constructing escape ramps in all excavations and trenches more than 6-inches deep; 6. Contact information for the City-approved biologist and instructions should any wildlife species be detected in the work site; 7. Dust suppression methods during construction activities when necessary to meet air quality standards and protect biological resources; and 8. Methods for containment of food-related trash items (e.g., wrappers, cans, bottles, food scraps), small construction debris (e.g., nails, bits of metal and plastic), and other human-generated debris (e.g., cigarette butts) in animal-proof containers and removal from the site on a weekly basis. All project personnel who have attended the training shall sign an attendance sheet. The program shall be repeated for any new crews that arrive subsequently on the site. BIO-7 Riparian Area. Prior to ground disturbance or other construction activity, the proposed 25- to 28-foot setback from the Old Garden Creek top of bank shall be identified on all construction plans and shall be mapped on-site through installation of protective fencing or other measures to demarcate the limits of construction in proximity to Old Garden Creek. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 12 Monitoring Program: The survey requirements of Mitigation Measures BIO-1, BIO-2, BIO-4, and BIO-5 and delineation requirements of Mitigation Measure BIO-7 shall be incorporated into the project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified through submittal of an obscure bumble bee survey report, a northern California legless lizard survey report, a preconstruction nesting bird survey report, and a roosting bat survey report to the City Community Development Department. Mitigation Measure BIO-6 requires construction personnel to participate in environmental awareness training and sign a sign-in sheet following the training. The sign-in sheet shall be submitted to the City Community Development Department to confirm that all construction personnel have attended. Compliance shall be verified by the City prior to the start of construction and during regular inspections, as necessary. Cultural Resources CR-1 Prior to construction activities, a City-qualified archaeologist shall conduct cultural resource awareness training for all construction personnel, including the following: 1. Review the types of archaeological artifacts that may be uncovered; 2. Provide examples of common archaeological artifacts to examine; 3. Review what makes an archaeological resource significant to archaeologists and local Native Americans; 4. Describe procedures for notifying involved or interested parties in case of a new discovery; 5. Describe reporting requirements and responsibilities of construction personnel; 6. Review procedures that shall be used to record, evaluate, and mitigate new discoveries; and 7. Describe procedures that would be followed in the case of discovery of disturbed as well as intact human burials and burial-associated artifacts. CR-2 If cultural resources are encountered during subsurface earthwork activities, all ground- disturbing activities within a 25-foot radius of the find shall cease and the City shall be notified immediately. Work shall not continue until a City-qualified archaeologist assesses the find and determines the need for further study. If the find includes Native American- affiliated materials, a local Native American tribal representative will be contacted to work in conjunction with the City-approved archaeologist to determine the need for further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contractors of this requirement. Any previously unidentified resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of California Environmental Quality Act (CEQA) criteria by a qualified archaeologist. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary, that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 13 the Central Coast Information Center (CCIC), located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials. CR-3 In the event that human remains are exposed during ground-disturbing activities associated with the project, an immediate halt work order shall be issued, and the City Community Development Director and locally affiliated Native American representative(s) (as necessary) shall be notified. California Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours. These requirements shall be printed on all building and grading plans. Monitoring Program: The conditions in Mitigation Measures CR-1 through CR-3 shall be noted on all grading and construction plans. The City shall review and approve the City-qualified archaeologist consistent with the Archaeological Resource Preservation Program Guidelines. Greenhouse Gas Emissions Implement Mitigation Measures AQ-1. GHG-1 A Greenhouse Gas Reduction Plan (GGRP) shall be prepared for the proposed project and shall be submitted to the City for review and approval prior to issuance of grading or building permits. The GGRP shall require annual impacts to be quantified over the life of the project to also account for reduction in project impacts due to future emission reduction technology that is included in the California Emissions Estimator Model (CalEEMod) and shall reduce annual greenhouse gas (GHG) emissions from the development by a minimum of 276.08 metric tons of carbon dioxide equivalence (MTCO2e) per year over the operational life of the proposed project. GHG emissions may be reduced through the implementation of on-site mitigation measures, off-site mitigation measures, or through the purchase of carbon offsets. It is recommended that the GGRP incorporate GHG- reduction measures identified in the City of San Luis Obispo’s CEQA GHG Emissions Analysis Compliance Checklist, Climate Action Plan Consistency Checklist for New Development, as listed below. In the event that carbon offsets are required, carbon offsets shall be purchased from a validated/verifiable source, such as the California Climate Action Registry, and approved by City Planning staff prior to purchase. Demonstrated reduction of 276.08 MTCO2e per year over the operational life of the project could be achieved through a combination of the following specific measures. All or some of these measures may be elected and incorporated into the GGRP to provide the required reduction. 1. The project shall be provided electricity by 3CE. 2. The project could offset natural gas usage by building more efficient and higher performing buildings and performing retrofits on existing buildings. 3. The project shall be designed to minimize barriers to pedestrian access and interconnectivity. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 14 4. The project shall be designed to provide safe and convenient access to public transit contiguous to the project site. 5. Additional Transportation Demand Management (TDM) reduction measures could be included to reduce vehicle miles traveled (VMT), which include but are not limited to: a. Telecommuting; b. Car sharing; c. Shuttle service; d. Carpools; e. Vanpools; f. Participation in the SLO Rideshare Back ‘N’ Forth Club; g. Transit subsidies; and h. Off-site sustainable transportation infrastructure improvements. 6. The project shall provide organic waste pick up and shall provide the appropriate on-site enclosures consistent with the provisions of the City’s Development Standards for Solid Waste Services. 7. Carbon offsets could be purchased from a validated/verifiable source, such as the California Climate Action Registry, and approved by City Planning staff prior to purchase. Monitoring Program: Mitigation Measure AQ-1 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Mitigation Measure GHG-1 shall be submitted to the City for review and approval prior to issuance of grading or building permits. Compliance shall be verified by the City during regular inspections, in coordination with the SLOAPCD, as necessary. Hazards and Hazardous Materials Implement Mitigation Measures AQ-3 and AQ-4. HAZ-1 Prior to initiation of site preparation, vegetation removal, and earth-moving activities, the project contractor shall prepare and implement a Hazardous Materials Management Plan that details procedures that will be taken to ensure proper transport, use, and storage of hazardous construction materials and the appropriate handling, stockpiling, testing, and disposal of excavated materials to prevent the inadvertent release of hazardous construction materials and/or contaminated soil and demolished materials to the environment during construction activities. Elements of the plan shall include, but would not be limited to, the following: Worker Health and Safety 1. Accident prevention measures. 2. Measures to address hazardous materials and other site-specific worker health and safety issues during construction, including the specific level of protection required for construction workers. This shall include preparation of a site-specific health and safety plan in accordance with federal Occupational Safety and Health Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 15 Administration (OSHA) regulations (29 Code of Federal Regulations [CFR] 1910.120) and California Division of Occupational Safety and Health (Cal/OSHA) regulations (8 California Code of Regulations [CCR] 5192) to address worker health and safety issues during construction. 3. The requirement that all construction crew members be trained regarding best practices for the proper transport, use, and storage of hazardous construction materials and the appropriate handling, stockpiling, testing, and disposal of excavated materials prior to beginning work. Soil Contamination 1. Procedures for the proper handling, stockpiling, testing, and disposal of excavated materials in accordance with CCR Title 14 and Title 22. 2. Soil contamination evaluation and management procedures, including how to properly identify potential contamination (e.g., soil staining, odors, or buried material), the requirement that construction activities within a 50-foot-radius of potentially contaminated soil be halted until the hazard has been assessed and appropriately addressed, the requirement that access to potentially contaminated areas be limited to properly trained personnel, and procedures for notification and reporting, including internal management and local agencies (e.g., fire department, City of San Luis Obispo), as needed. 3. Monitoring of ground-disturbing activities for soil contamination may include visual and organic vapor monitoring by personnel with appropriate hazardous materials training, including 40 hours of Hazardous Waste Operations and Emergency Response (HAZWOPER) training. 4. If visual and organic vapor monitoring indicates signs of suspected contaminated soil, then soil samples shall be collected and analyzed to characterize soil quality. 5. Evaluation of all potentially contaminated materials encountered during project construction activities in accordance with applicable federal, State, and local regulations and/or guidelines governing hazardous waste. All materials deemed to be hazardous shall be remediated and/or disposed of following applicable regulatory agency regulations and/or guidelines. Disposal sites for both remediated and non-remediated soils shall be identified prior to beginning construction. All evaluation, remediation, treatment, and/or disposal of hazardous waste shall be supervised and documented by qualified hazardous waste personnel. Hazardous Construction Materials 1. Appropriate work practices necessary to effectively comply with applicable environmental laws and regulations, including hazardous materials management, handling, storage, disposal, and emergency response. These work practices include the following: an on-site hazardous material spill kit shall be provided for small spills; totally enclosed containment shall be provided for all trash; and all construction waste, including trash, litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials, shall be removed to an Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 16 appropriate waste facility permitted or otherwise authorized to treat, store, or dispose of such materials. 2. The requirement that hazardous construction materials must be stored and equipment must be refueled at least 50 feet from storm drain inlets, creeks, and other drainage features and covered with tarps or stored inside buildings to ensure that materials are not released to the air during windy conditions or exposed to rain. 3. Procedures for proper containment of any spills or inadvertent releases of hazardous materials. 4. Notification requirements in the event of an accidental release of hazardous materials into the environment. Construction crew members shall immediately notify a construction foreperson who shall then report the release to the City of San Luis Obispo to ensure the release is remediated in accordance with City requirements. Monitoring Program: Mitigation Measure HAZ-1 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified through submittal of a Hazardous Materials Management Plan to the City Community Development Department. Mitigation Measures AQ-3 and AQ-4 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the SLOAPCD, as necessary. The applicant shall submit the geologic evaluation detailed in measure AQ-3 to the City Community Development Department upon completion. Hydrology and Water Quality Implement Mitigation Measure BIO-7. Monitoring Program: Delineation requirements of Mitigation Measure BIO-7 shall be incorporated into the project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City prior to the start of construction and during regular inspections, as necessary. Land Use and Planning Implement Mitigation Measures BIO-1 through BIO-7. Monitoring Program: The survey requirements of Mitigation Measures BIO-1, BIO-2, BIO-4, and BIO-5 and delineation requirements of Mitigation Measure BIO-7 shall be incorporated into the project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified through submittal of an obscure bumble bee survey report, a northern California legless lizard survey report, a preconstruction nesting bird survey report, and a roosting bat survey report to the City Community Development Department. Mitigation Measure BIO-6 requires construction personnel to participate in environmental awareness training and sign a sign-in sheet following the training. The sign-in sheet shall be submitted to the City Community Development Department to confirm that all construction Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 17 personnel have attended. Compliance shall be verified by the City prior to the start of construction and during regular inspections, as necessary. Noise N-1 For the entire duration of the construction phase of the project, the following Best Management Practices (BMPs) shall be adhered to: 1. Stationary construction equipment that generates noise that exceeds 60 A-weighted decibels (dBA) at the project boundaries shall be shielded with the most modern noise control devices (i.e., mufflers, lagging, and/or motor enclosures). 2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. 3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. 4. All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such as mufflers, engine enclosures, and engine vibration insulators, intact and operational. 5. All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and presence of noise control devices (e.g., mufflers, shrouding, etc.). N-2 Construction plans shall note construction hours, truck routes, and all construction noise BMPs, and shall be reviewed and approved by the City Community Development Department prior to issuance of grading/building permits. The City shall provide and post signs stating these restrictions at construction entry sites prior to commencement of construction and maintained throughout the construction phase of the project. All construction workers shall be briefed at a preconstruction meeting on construction hour limitations and how, why, and where BMP measures are to be implemented. N-3 For all construction activity at the project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include, but are not limited to:  Sound blankets shall be used on noise-generating equipment;  Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25;  All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers;  The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 18 heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day); and  Temporary sound barriers shall be constructed between construction sites and affected uses. N-4 The project contractor shall inform residents and business operators at properties within 300 feet of the project of proposed construction timelines and noise compliant procedures to minimize potential annoyance related to construction noise. Signs shall be in place prior to and throughout grading and construction activities informing the public that noise- related complaints shall be directed to the construction manager prior to the City’s Community Development Department. Monitoring Program: Construction plans shall note construction hours, truck routes, and all construction noise BMPs, and shall be reviewed and approved by the City Community Development Department prior to issuance of grading/building permits. Compliance shall be verified by the City prior to the start of construction and during regular inspections, as necessary. Tribal Cultural Resources Implement Mitigation Measures CR-1 through CR-3. Monitoring Program: These conditions shall be noted on all grading and construction plans. The City shall review and approve the City-qualified archaeologist consistent with the Archaeological Resource Preservation Program Guidelines. Utilities and Service Systems Implement Mitigation Measures AQ-1 through AQ-4, BIO-1 through BIO-7, CR-1 through CR-3, HAZ-1, and N-1 through N-4. Monitoring Program: Mitigation Measures AQ-1 through AQ-4 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the SLOAPCD, as necessary. The applicant shall submit the geologic evaluation detailed in Mitigation Measure AQ-3 to the City Community Development Department upon completion. The survey requirements of Mitigation Measures BIO-1, BIO-2, BIO-4, and BIO-5 and delineation requirements of Mitigation Measure BIO-7 shall be incorporated into the project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified through submittal of an obscure bumble bee survey report, a northern California legless lizard survey report, a preconstruction nesting bird survey report, and a roosting bat survey report to the City Community Development Department. Mitigation Measure BIO-6 requires construction personnel to participate in environmental awareness training and sign a sign- in sheet following the training. The sign-in sheet shall be submitted to the City Community Development Department to confirm that all construction personnel have attended. Compliance shall be verified by the City prior to the start of construction and during regular inspections, as necessary. The conditions of Mitigation Measures CR-1 through CR-3 shall be noted on all grading and construction plans. The City shall review and approve the City-qualified archaeologist consistent with the Archaeological Resource Preservation Program Guidelines. Mitigation Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 19 Measure HAZ-1 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified through submittal of a Hazardous Materials Management Plan to the City Community Development Department. Construction plans shall note construction hours, truck routes, and all construction noise BMPs, and shall be reviewed and approved by the City Community Development Department prior to issuance of grading/building permits. Compliance shall be verified by the City prior to the start of construction and during regular inspections, as necessary. 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 Planning Commission hereby grants final approval to the project 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 by the Planning Commission (ARCH- 0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021). A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all mitigation measures, 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. 2. The project shall demonstrate compliance with all mitigation measures and conditions, applicable to the project site, established under the Planned Development Overlay Ordinance and associated Mitigated Negative Declaration (PDEV-0001-2021 & EID-0528-2021). 3. The Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Use Permit is necessary upon significant change to the project description, approved plans, and other supporting documentation submitted with this application or in the event of a change in ownership which may result in deviation from the project description or approved plans. Minor changes to the description may be approved by the Community Development Director; substantial modifications shall require modification of the Use Permit. 4. Plans submitted for a building permit shall include a sediment and erosion control plan that protects the creek banks and channel from erosion and prevent sedimentation of the creek near and downstream from the site. Current Best Management Practices (BMP) should be utilized. Washing of concrete, paint, tools, or equipment shall occur only in areas where polluted water and materials can be contained and removed from the site. 5. Plans submitted for a building permit shall not include any improvements, modifications, or grading within the top of bank of the creek channel. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 20 6. 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 the Development Review application. 7. Plans submitted for a building permit shall incorporate the design considerations as described at the ARC hearing on November 1, 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. Consider a material change to the wainscoting on the base of Building A - veering and cap to add more authenticity. b. Consider a plane change on Building A such as adding a smooth surface like faux stone, cast concrete, or incorporate matching tile. 8. 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 other 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 Development Director. 9. 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 or other area for the storage of long-term bicycle spaces. 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 compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors. 10. Plans submitted for a building permit shall clearly depict the location of all required electric vehicle (EV) ready and EV capable parking required for non-residential uses. Sufficient detail shall be provided about the placement and design of EV equipment and raceway for future supply, to the satisfaction of the Chief Building Official and the Community Development Director. 11. 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 Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 21 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. 12. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will adequately screen them. 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. 13. 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. A landscape buffer shall be provided between the fence screening the storage area and the back of sidewalk. 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. 14. The applicant shall submit a landscaping plan containing an irrigation system plan with submittal of working drawings for a building permit. 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. The surfaces and finishes of hardscapes shall be included on the landscaping plan. 15. Plans submitted for a building permit, shall provide mature landscaping along the street frontage between the trash enclosure and the street, and between the parking areas and the back of sidewalk, landscaping in these areas shall be of an evergreen species and a minimum size of 5 gallons to screen vehicle headlights from shining into the right-of-way, landscaping shall complement the buildings architecture, subject to the satisfaction of the Community Development Director. 16. 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). 17. 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 and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 22 18. Plans submitted for a sign permit shall be in substantial conformance with the sign program submittal provided for this entitlement. Modifications to this sign program or additional signage may require additional review by the Architectural Review Commission or the Community Development Director, as deemed appropriate. Engineering Division – Public Works/Community Development 19. Any required off-site public improvements related to conditions of approval or mitigation measures shall be completed under a separate public improvement plan submittal. Improvements located within the public right-of-way will require a separate encroachment permit an associated inspection fees. A separate plan review fee payable to the Public Works Department will be required for the review of the improvement plan submittal. Said review fee shall be in accordance with the miscellaneous public improvement plan review fee resolution in effect at the time of the permit application submittal. 20. Plans submitted for a building permit or public improvements shall include complete frontage improvements or demonstrate that existing improvements are upgraded per city standard (Municipal Code 12.16.05). 21. The building plan submittal shall show and label all property line dimensions and bearings, and all existing and proposed public and private easements for reference. 22. Plans submitted for a building permit shall demonstrate compliance with Parking and Driveway Standards for the driveway and parking areas for dimension, maneuverability, slopes, drainage, and materials. Alternate paving materials are recommended for water quantity and/or quality control purposes and in the area of existing or proposed trees and where the driveway or parking area may occur within the dripline of any tree. Alternate paving material shall be approved to the satisfaction of the Planning Division. 23. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 24. Plans submitted for public improvements shall include a new street light at the existing mid-block crosswalk on Ramona Drive adjacent to the existing shopping center driveway entrance, subject to the satisfaction of the Public Works Director. 25. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. Services to the new structures shall be underground. All work in the public right-of-way shall be shown or noted. 26. The building plan submittal will clearly label all creeks, top of bank and creek setbacks. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 23 27. The building plan submittal shall include a complete grading and drainage plan for this project. The plan shall show the existing and proposed contours and/or spot elevations to clearly depict the proposed grading and drainage. Show and label the high point elevation or grade break at the yard areas and drainage arrows to show historic drainage. Include the finished floor elevation of the proposed structures. Show all existing and proposed drainage courses, pipes and structures; indicate the size, type and material. 28. Any proposed stormwater features or other improvements located within the Public right-of-way shall be specifically reviewed and approved by the city. If approved, improvements shall require the recordation of an encroachment agreement. 29. The building plan submittal shall include a complete drainage report and plans prepared in accordance with the Waterway Management Plan, Volume III, Drainage Design Manual, Floodplain Management Regulation, and the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board. 30. Prior to building permit issuance for Building B, the applicant shall obtain approval of a plan that addresses the existing 42" storm drain located within the proposed building footprint. The improvement plans may show the existing 42" stormdrain to remain, be re- oriented, or relocated, subject to the satisfaction of the Public Works Director. Public drainage easement(s) shall be provided for onsite stormdrain(s) that are to be publicly maintained. Existing public drainage easement(s) may be abandoned in favor of a privately maintained system. Additional environmental permitting may be required for relocation or re-orientation of the storm drain outfalls or for construction within the creek setback. 31. The final drainage strategy shall reduce and/or eliminate the number of new storm drain outlet structures located within the creek channels, subject to the satisfaction of the Public Works Director. 32. A new public storm drain easement shall be recorded prior to plan approval/permit issuance. The portion of the existing easement that extends onto this parcel shall be abandoned accordingly. Exhibits required for the easement and abandonment shall be prepared by the owners’ engineer or surveyor to the satisfaction of the Public Works Director. 33. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, all new structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city’s Flood Damage Prevention Regulations per Municipal Code Chapter 17.78. 34. The building plan submittal shall include a copy of the most current drainage report. The report and plans shall clarify that the building structure, building service equipment, additional insurance benefits may be realized by providing a freeboard of at least two feet. 35. The building plan submittal shall include a complete erosion control plan in accordance with city standards and Best Management Practices (BMP). Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 24 36. Work adjacent to, over, or within a channel or creek may require the approvals of California Department of Fish and Wildlife (CDFW), The Army Corp of Engineer’s, and/or the Regional Water Quality Control Board. A copy of any required permits or a written permit waiver or exemption for the same shall be provided to the City prior to demolition, grading, and/or building permit issuance. 37. An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. 38. Environmental Protection Agency (EPA) Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also requires a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. An application is required to the State Board under their recently adopted Stormwater Multi-Application, Reporting, and Tracking System (SMARTS). 39. The building plan submittal shall include a copy of the Storm Water Pollution Prevention Plan (SWPPP) for reference. Incorporate any erosion control measures into the building plans as required by the Board, identified in the SWPPP, and in accordance with Section 10 of the city’s Waterways Management Plan. The building plan submittal shall include reference to the WDID number on the grading and erosion control plans for reference. 40. Prior to building permit issuance, the applicant shall record a common driveway agreement and a shared parking agreement, subject to the satisfaction of the Public Works Director. 41. The building plan submittal or improvement plan submittal shall show all existing trees on the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies and/ or root systems that extend onto the property shall be shown for reference. The plan shall note which trees are to remain and which trees are proposed for removal. Include the diameter and species of all trees. Tree canopies should generally be shown to scale for reference. The City Arborist supports the proposed tree removals with the compensatory tree plantings shown on the landscape plan and identified in the mitigation measures of the initial study. 42. Plans submitted for a building permit shall identify street tree planting at a rate of one 15-gallon street tree for each 35 linear feet of frontage. The plans shall show all existing and Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 25 proposed street trees. Tree species and planting requirements shall be in accordance with City Engineering Standards. 43. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city -approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. Transportation Division – Public Works 44. Project shall include installation of pedestrian improvements at Palomar/Ramona per the Bishop Peak and Pacheco Safe Routes to School Plan, Project #6 Phase 2 which includes a bulbout, raised crosswalk and relocation of their driveway from Ramona to Palomar to reduce conflicts with pedestrians and the bus stop. Stop bar and legend on Palomar shall be relocated in accordance with the new bulbout. 45. Project shall implement the following pedestrian improvements identified in the Anholm Neighborhood Greenway: 1) ADA curb ramps and high visibility crosswalk on the north side of the Broad and Meinecke intersection, and 2) ADA curb ramp and bulbout on the southwest corner of Ramona and Broad Street. NOTE: The Anholm Neighborhood Greenway is included in the TIF Program, therefore these improvements are eligible for TIF credits. 46. Parking shall be restricted on either side of driveways to maintain adequate sight distance for exiting vehicles. Fire Department 47. Plans submitted for a building permit shall demonstrate that the project can meet minimum required fire flow for fire sprinkler systems in each building, based on proposed construction type. Fire flow data can be obtained from the Wallace Group. 48. Plans submitted for a building permit shall identify the construction type and occupancy classification(s) for proposed buildings, subject to the satisfaction of the Fire Marshal. Utilities Department 49. The construction plans for sewer and water services shall be in accordance with the engineering design standards in effect at the time the building permit is approved. 50. 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. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 26 51. The existing sewer lateral(s) for the existing building located at 55 Broad Street (“The Palms”) shall be inspected per Chapter 13.08.395 of the City’s Municipal Code and the inspection shall be submitted with the building permit submittal. Submit the inspection video to the Permit Technician in Community Development, Engineering Development Review. 52. The project is within a sewer capacity constrained area and shall replace 39 sewer laterals within the same capacity constrained sewer basin to meet the wastewater offset requirements of Municipal Code Ordinance 13.08.396, (26 laterals associated with permits for Building A and 13 laterals associated with permits for Building B), to the satisfaction of the Utilities Director, or the sewer lateral serving the existing building located at 71 Broad Street (“The Oaks”) shall disconnect from the existing sewer along the creek and reroute a new sewer lateral, such that the existing sewer main along the creek, may be abandoned within the project (between Manhole I06-48 at the intersection of Palomar and Ramona, to the southerly boundary of “The Oaks” parcel), subject to the satisfaction of the Utilities Director. The City may vacate the public sewer easement once the lateral is installed. 53. All utility easements dedicated to the City shall comply with the latest engineering design standards and shall have reasonable alignments needed for maintenance of public infrastructure. 54. 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 commercial facilities shall also provide an area to wash floor mats, equipment, and trash cans. The wash area shall be inside, drained to the sanitary sewer, and an environmental compliance permit shall be filed prior to issuance of occupancy permit. 55. Water service meter(s) shall be adequately sized to serve the project’s proposed units. The proposed housing units have a commercial use and shall be separately metered by parcel boundary; service lines shall not cross parcel boundaries per MC 13.04.120. 56. A separate meter shall be provided for the non-residential landscape areas greater than 1,000sf [2016 Green Building Code A5.304.2 Water Code Section 535 and City Uniform Design Criteria] and shall comply with the requirements of Municipal Code Section MC 17.87.020- C.2. 57. The project shall have a separate fire service connection, protected by a double detector check valve per City standards. 58. The project will result in increased water usage on site and shall perform frontage improvements along the northern property boundary. These improvements include replacing the existing 10” cast iron water main within Ramona with approximately 790-feet of new 12” C900 water main along the north frontage, and in accordance to the City Standards. The existing water main shall be abandoned per City Standards. The new water main shall be installed or bonded for prior to permit issuance of the first building, and shall be installed and accepted by the City prior to certificate of occupancy of the first constructed building. Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 27 59. The existing fire hydrants located within 150-feet of the proposed building footprint on the Palomar, Ramona, and Broad Street frontages shall be removed and replaced with hydrants that meet City Standards. The new fire hydrants shall be installed or bonded for prior to permit issuance of the first building, and shall be installed and accepted by the City prior to certificate of occupancy of the first constructed building. 60. Potable city water shall not be used for major construction activities, such as grading and dust control, as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s Municipal Code. Recycled water is available through the City’s Construction Water Permit program. 61. The building permit submittal shall include a completed Maximum Applied Water Allowance (MAWA) form based on the final landscape design plan and a hydrozone table with a summary of Estimated Total Water Use (ETWU) and the corresponding irrigation window. The MAWA and ETWU calculator is available at: www.slocity.org/government/department‐ directory/utilities‐department/documents‐and‐files. 62. The building permit submittal shall include a final landscape design plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for Landscaping and Irrigation. 63. The building permit submittal shall include a final irrigation plan that includes all the criteria required in the City Engineering Standards Uniform Design Criteria for Landscaping and Irrigation. 64. The building permit submittal shall include a soils management report that includes at a minimum the criteria required in the City Engineering Standards Uniform Design Criteria for Landscaping and Irrigation. 65. 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. 66. A trash enclosure capable of storing the required bins for waste, recycling, and organics shall be provided. 67. Please provide the Garbage Company's letter on the plans, which will need to confirm truck access and clearances needed to reach the trash bins. 68. Trash enclosures shall drain to a vegetative swale and shall not drain to the sewer. Indemnification 69. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review Resolution No. PC-1055-22 55 Broad Street, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021 Page 28 (“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 Commissioner Dandekar, seconded by Commissioner Hopkins, and on the following roll call vote: AYES: Commissioners Dandekar, Francis, Hopkins, Wulkan, Vice-Chair Quicney and Chair Jorgensen NOES: None REFRAIN: None ABSENT: Commissioner Kahn The foregoing resolution was passed and adopted this 23rd day of March, 2022. ___ __________________________ Tyler Corey, Secretary Planning Commission