HomeMy WebLinkAbout02-05-2019 Item 14 - 650 Tank Farm Zoning Department Name: Community Development
Cost Center: 4003
For Agenda of: February 5, 2019
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Rob Mullane, AICP, Contract Planner
Rachel Cohen, Associate Planner
SUBJECT: PUBLIC HEARING TO CONSIDER: 1) AN AMENDMENT TO THE CITY’S
GENERAL PLAN AND AIRPORT AREA SPECIFIC PLAN, 2) AN
ORDINANCE REZONING THE PROPERTY TO BE CONSISTENT WITH
THE GENERAL PLAN AND AIRPORT AREA SPECIFIC PLAN AS
AMENDED, 3) A MOBILE HOME CONVERSION IMPACT REPORT, AND
4) AN INITIAL STUDY-MITIGATED NEGATIVE DECLARATION (IS-
MND) OF ENVIRONMENTAL REVIEW FOR A MIXED-USE PROJECT
LOCATED AT 650 TANK FARM ROAD.
RECOMMENDATION
As recommended by the Planning Commission, adopt the attached resolution and introduce an
ordinance (Attachments A and B), taking the following actions:
1. Adopt the attached Resolution (Attachment A) adopting the Final IS -MND for, and
approval of, the 650 Tank Farm Mixed-Use Project, Airport Area Specific Plan
Amendment, General Plan Amendment, and the associated Conversion Impact Report;
and
2. Introduce an Ordinance (Attachment B) changing the zoning of the subject property from
Business Park (BP-SP) and Medium Density Residential (R-2-SP) to Service Commercial
with the Specific Plan overlay (C-S-SP) to be consistent with the General Plan and
Airport Area Specific Plan, as amended.
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SITE DATA
Applicant Agera Grove Investments, LLC.
Representative Pam Ricci, RRM Design Group
Zoning R-2-SP, BP-SP, and C/OS-SP
General Plan Low Density Residential, Business
Park, and Open Space
Site Area 12.75 acres
Environmental
Status
Draft Initial Study / Mitigated
Negative Declaration (November
2018)
REPORT-IN-BRIEF
Agera Grove Investments, LLC has proposed a rezone of the 650 Tank Farm Road property to
allow for a potential mixed-use project including 17,500 square feet of commercial space and
249 residential units. The project site is in the Airport Area Specific Plan (AASP) area, north of
the intersection of Tank Farm Road and Santa Fe Road. The site historically has been used for a
mobile home park and recreational vehicle storage.
The project would rezone the Business Park portion of the site (3.25 acres), and the Medium-
Density Residential portion of the site (6.85 acres) to Service Commercial with the Specific Plan
overlay (C-S-SP). The rezoning would result in a net site area of 10.1 acres designated C -S-SP.
The 2.65-acre remainder of the 12.75-acre site would remain zoned as Conservation Open Space
(C/OS-SP). The proposed project includes an amendment to the General Plan, and the associated
zoning maps and text amendments to the AASP. The entirety of these associated entitlements is
referred to as the “project” in this staff report. The pro posed project also requires a public
hearing and approval of a Conversion Impact Report (CIR) for the conversion of the mobile
home park use on the site.
Future entitlement approvals would include a Use Permit for the proposed mixed -use
development and Design Review approval. If the proposed project is approved, the land use
designation and zoning maps in Section 4 of the AASP would be updated to reflect the new land
use designation and zoning. Associated text amendments to the AASP would include the
following: 1) updating the AASP area build-out statistics in Table 4.1, adding a note to Section
4.2.2 “Service Commercial” to stipulate that the development of the site would be for a
commercial and residential mixed-use project with a predominantly residential component, and
3) striking the reference to the mobile home park development in the discussion of Section 4.2.6
“Medium Density Residential (R-2).”
A draft Resolution for approval of the General Plan Amendment, Specific Plan Amendment, and
CIR is included as Attachment A. An ordinance for adoption of the map and text amendments to
the AASP is included as Attachment B. The CIR is included as Attachment C.
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The project was reviewed by the Planning Commission on December 12, 2018. The Planning
Commission recommended that the City Council approve the General Plan Amendment, the
Specific Plan Amendment/Rezone (the project) as well as the associated Mobile Home Park CIR.
The Planning Commission also reviewed the conceptual site plan for the project and provid ed
direction to the applicant team on the project’s subsequent use permit application and final
design.
The Planning Commission reviewed the draft initial study/mitigated negative declaration
(IS/MND) prepared for the project and provided recommendations on revisions to some of the
IS/MNDs mitigation measures. The Planning Commission approved a resolution in support of
the project (Attachment D, Planning Commission Resolution), and the Planning Commission’s
direction on the subsequent use permit and desig n review is noted in the draft meeting minutes
from the December 12, 2018 hearing (Attachments E).
Based on the analysis set forth below, staff is recommending the City Council adopt the Final
IS/MND, approve the project, and approve the CIR. Staff also r ecommends that the City Council
provide any comments on the proposed project specifically:
• The proposed conceptual site plan and the proposed mix of uses
• A pedestrian and bicyclist connection from the project site to the Damon-Garcia Sports
Fields complex;
• Input on the mix of affordable housing included for the project;
• Provide direction on the adequacy of the CIR regarding accommodations made to any
displaced tenants at the mobile home park; and
• Final wording for certain mitigation measures in the IS/MND with respect to Mitigation
Measures BIO-2(f), BIO-3, and N-1.
DISCUSSION
Site Information/Setting
The site is composed of approximately 12.75 acres on the north side of the intersection of Tank
Farm Road and Santa Fe Road. It is comprised of one parcel: APN: 053-421-005. The portion of
the site proposed for the project is essentially flat. It is bordered on two sides by creeks: Orcutt
Creek to the east and Acacia Creek to the west. The property is within the City’s Urban Reserve
and the AASP. Table 1 not es the land use information for the site.
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Table 1: Site Information
Zoning BP-SP (Business Park): 3.25-acre portion,
R-2-SP (Medium-Density Residential): 6.85-acre portion, and
C/OS-SP (Conservation Open Space): 2.65-acre portion
Site Size 12.75 acres
Present Use & Development Hidden Hills Mobilodge Mobile Home Park and Lazy Acres RV
Storage
Topography Relatively flat, except within creek corridors
Access Tank Farm Road
Surrounding Use/Zoning North: PF (Damon Garcia-Sports Fields)
East: BP and C-C (Orcutt Creek, parking for the Damon Garcia-
Sports Fields and the SESLOC Federal Credit Union)
South: C-S (Tank Farm Road, United Rentals beyond)
West: BP (Acacia Creek, gravel parking area (future site of Digital
West project, which was approved in 2014))
Project Description
General Plan Amendment and Specific Plan Amendments, including Rezone
The proposed project is a rezone for the BP -SP and R-2-SP portions of the site to C-S-SP to
facilitate the future development of a mixed-use development including 17,500 square feet of
commercial space and 249 residential units. Other entitlements associated with the rezoning
request include a General Plan Amendment and text amendments to the AASP. The General Plan
Amendment is requested to make changes to the project site’s land use designation in the City’s
Land Use Element. The 3.25-acre Business Park (BP) portion of the site and the 6.85-acre
Medium-Density Residential (MDR) portion of the site would be re-designated to Services &
Manufacturing (S-M) as depicted in Figure 1 below.
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Figure 1: General Plan Amendment Map
The requested AASP amendments would include the following: 1) revise Figure 4-1 in the AASP to the land use
designation map of the AASP to designate the 3.25-acre Business Park (BP) portion of the site and the 6.85-acre
Medium Density Residential (MDR) to Services & Manufacturing (S-M); change the zoning of the 3.25-acre
Business Park (BP-SP) portion of the site and the 6.85-acre Medium Density Residential (R-2-SP) portion of the site
to Service Commercial (C-S-SP) as depicted in Figure 2; 3) update the AASP area build-out statistics in Table 4.1;
4) adding a note to Section 4.2.2 “Service Commercial” to stipulate that the development of this specific site would
be for a commercial and residential mixed-use project with a predominant residential component; and 5) strike the
reference to the mobile home park development in the discussion of Section 4.2.6 “Medium Density Residential (R-
2).”
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Conceptual Project
The mixed-use project envisioned for the site would have approximately 17,500 square feet of
commercial space and 249 residential units. The plans are considered conceptual at this point
because the Planning Commission must still approve a Use Permit and Architectural Design for
the mixed-use project based on a precise development plan. Although the plan is considered
conceptual because the mixed-use permit has not been approved, it is actually a detailed plan that
fully describes the proposed improvements, as depicted in Figure 3 below. The conceptual site
plan has 16 three-story residential buildings comprised of studios, one- and two-bedroom units
on the northern portion of the project site, and four three-story mixed-use buildings on the
southern portion of the site. The mixed-use buildings would include 17,500 square feet of
commercial use and 13,530 square feet of residential use. Table 2 provides a summary of the
project buildings, parking spaces, and square footages reflected in the conceptual site plan.
Figure 2: Rezoning Map
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The anticipated unit mix for the dwellings has 50 studios, 50 one-bedroom units, and 149 two-
bedroom units. All of these dwelling units would be rental units, rathe r than individually owned,
and the project would provide a mix of market rate and affordable units. Pursuant to Section
5.45.150 of the City Municipal Code, the 13 current tenants (renters) of the Hidden Hills
Mobilodge Mobile Home Park (MHP) would be give n priority for renting units in the new
development (see additional discussion below). The Conceptual Development Plan also includes
an indoor/outdoor clubhouse near the center of the site, and a pool and outdoor recreational space
adjacent to the clubhouse.
Once the 13 remaining mobile home park tenants have moved out, all 35 coaches on the project
site would be hauled off-site for removal. No on-site demolition is proposed. The applicant
intends to donate the existing on-site coaches to the Cal Poly Agr icultural Department or other
local recipients.
Figure 3: Conceptual Site Plan
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Table 2: Summary of Conceptual Project
Buildings
Residential 16 buildings
Mixed-Use 4 buildings
Residential Unit Mix 249 Total (including mixed-use units)
Studios 50
One Bedroom 50
Two Bedroom 149
Commercial Space 17,500 square feet
Potential Off-Site Access and Circulation Improvements
The mixed-use project would restrict the current vehicular access off Tank Farm Road to right -
turn in and right -turn out only, and Tank Farm Road would need to be widened along the
frontage of the site. A condition of approval would require the development of a new primary
access to the site via a common driveway shared with the project to the east at 670 Tank Farm
Road (APN 053-421-004). This new primary access would provide a connection to the existing
Tank Farm Road/MindBody signalized intersection. Access to the project site through the
property to the east would involve construction of a new creek crossing over Orcutt Creek along
the southeastern portion of the project site.
An alternative access to the project would be through the Digital West property to the which
would involve modifications, including widening, to the existing crossing of Acacia Creek along
the western portion of the project site.
Subsequent Use Permit and Design Review Requirements
The mixed-use development contemplated for the site requires a conditional use permit pursuant
to the land use allowances set forth in Table 4.3 of the AASP. The project applicant initially
included a use permit request in the application submittal to facilitate the residential and
commercial mixed-use development. However, the Planning Commission expressed concerns
with taking action on the use permit prior to the development of a final site design. More
specifically, the Planning Commission indicated that it was not able to meaningfully evaluate the
use of the site without a more detailed design. As such, the applicant withdrew the use permit
portion of the request and will instead process the use permit with design review.
Subsequent design review for the proposed project will require review by the Architectural
Review Commission and the Planning Commission, with the Planning Commission taking action
on both the final design review and use permit.
Background
The applicant initially submitted the project for City review on April 2016. The entitlements for
this project at initial submittal were threefold: (1) general plan amendment; (2) map and text
amendments to the AASP; and (3) a use permit for the mixed-use subsequent mixed-use
development of the site under the new zoning. The associated mobile home park CIR was
submitted in February 2018. As noted above and as further discussed below, as a result of the
project’s consideration by the Planning Commiss ion on December 12, 2018, the applicant has
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withdrawn the use permit request portion, which would be brought forward as part of the
project’s subsequent design review.
Previous Advisory Body Action
• On December 12, 2018 the Planning Commission reviewed the project requests. The
Planning Commission was generally supportive of the proposed project and
recommended on a 7-0 vote that the City Council approve the general plan amendment,
the specific plan amendments, and the CIR, but, as noted above, recommended that the
use permit return to the Planning Commission to be reviewed concurrently with the
associated design review. The Commission supported the mixed-use concept for the
redevelopment of the site and recommended that its primarily residential compositio n be
incorporated into the AASP as an additional text amendment. The Commission provided
comments on the conceptual site plan for the applicant’s consideration as the final design
is developed and submitted as a subsequent step in the process. The Commission
recommended minor modifications to some of the mitigation measures in the Draft
IS/MND and discussed the proposed mix of affordable housing and potential additional
accommodations to remaining mobile home park tenants as part of the CIR approval. The
Planning Commission’s Resolution, draft meeting minutes, comments on the project, and
the Planning Commission staff report are included as Attachments D through G.
• Because the project site is within the airport review area, it required Airport Land Use
Commission (ALUC) review of the proposed amendments to the City’s General Plan and
AASP and a determination regarding consistency with applicable San Luis Obispo
County Regional Airport Land Use Plan (ALUP) policies. The ALUC reviewed the
project on three occasions: a conceptual review on April 20, 2016, and formal reviews on
October 17, 2018 and November 16, 2018. At the November 16, 2018 hearing, the
ALUC determined the proposed amendments to be consistent with the Airport Land Use
Plan (ALUP) under the autho rity of ALUP Section 2.7. This section of the ALUP allows
for flexibility in the application of ALUP policies under unique circumstances for small-
scale individual projects. The ALUC’s Consistency Findings, Conditions, and Exhibits
from November 16, 2018 ALUC Staff Report are included as Attachment F.
Policy Context
General Plan Analysis
The project site is located inside the Urban Reserve where urban development may occur. The
southern portion of the site currently is designated Medium Density Residential (MDR), and the
northern portion of the site is designated Business Park (BP). The MDR designation provides for
single-family dwellings with a maximum density of 12 du/acre, including one- or two-story
detached buildings on small lots or attached dwellings with private outdoor space. The Business
Park designation provides for research and development and light manufacturing in a campus
setting.
The proposed Services & Manufacturing designation provides for a wide range of uses including
business and professional services, medical services, research and development, and retail sales.
It also provides for residential uses as part of a mixed -use project with a residential density of up
to 24 du/acre. The development conceptually identified for the project sit e would be consistent
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with allowances for mixed-use projects in the Services & Manufacturing land use designation.
Compliance with Major City Goals, General Plan Goals and Policies
The proposed project is consistent with multiple City Goals and General Plan policies for Land
Use, Housing, Conservation and Open Space, Multi-model Circulation, and Water and
Wastewater. Staff has highlighted several policies below and provided additional references in
Attachment 4 of the Planning Commission staff report (Attachment H).
Major City Goal: Housing
Increasing the supply and diversity of housing was determined to be one of the most important,
highest -priority goals for the City to accomplish over the 2017 -19 financial plan. This major City
goal states: Implement the Housing Element, facilitating workforce, affordable, supportive and
transitional housing options, including support for needed infrastructure within the City’s fair
share.
Housing Element
The Housing Element (HE) includes several policies that encourage infill residential
development, housing for all financial strata, and the promotion of higher -residential density
where appropriate. The Housing Element further states that the City should continue to
incentivize affordable housing development with densit y bonuses, parking reductions and other
development incentives, including City financial assistance (Program 6.19).
Land Use Element
Land Use Element (LUE) Policy 1.5 Jobs/Housing Relationship states that the gap between
housing demand (due to more jobs a nd college enrollment) and supply should not increase.
LUE Policy 2.2.6. states that the City shall promote livability, quiet enjoyment, and safety for all
residents. Characteristics of quality neighborhoods vary from neighborhood to neighborhood,
but often include one or more of the following characteristics:
• A mix of housing type styles, density, and affordability.
• Design and circulation features that create and maintain a pedestrian scale.
• Nearby services and facilities including schools, parks, retail (e.g., grocery store, drug
store), restaurants and cafes, and community centers or other public facilities.
• A tree canopy and well-maintained landscaping.
• A sense of personal safety (e.g., low crime rate, short police and emergency response
times).
• Convenient access to public transportation.
• Well-maintained housing and public facilities.
Additionally, the LUE states the City shall promote infill development, redevelopment,
rehabilitation, and adaptive reuse efforts that contribute positively to existing neighborhoods and
surrounding areas (LUE Policy 2.2.7).
Circulation Element and Circulation-Related Policies
The Circulation Element describes how transportation will be provided in the community. The
project includes features that support multi-modal transportation, including the following
policies. Circulation Element Policy 3.1.7 (Transit Service Access) states that new development
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should be designed to facilitate access to transit service. Circulation Element Policy 4.1.1
(Bicycle Use) states that the Cit y shall expand the bicycle network and provide end‐of‐trip
facilities to encourage bicycle use and to make bicycling safe, convenient and enjoyable.
Circulation Element Policy 5.1.2 (Sidewalks and Paths) states that the City should complete a
continuous pedestrian network connecting residential areas with major activity centers as well as
trails leading into city and county open spaces.
In addition, the project has components that support circulation-oriented policies in the Land Use
Element. LUE Policy 10.1 (Neighborhood Access) states that all residences should be within
close proximity to food outlets including grocery stores, farmers’ markets, and community
gardens. LUE Policy 10.4 (Encourage Walkability) states that the City shall encourage projects
which provide for and enhance active and environmentally sustainable modes of transportation,
such as pedestrian movement, bicycle access, and transit services.
Project Features that Support General Plan Policies and Programs
In accordance with the Major C ity Housing Goal cited above and Housing Element policies and
programs, the proposed General Plan amendment, specific plan amendment and rezone would
allow for the development of a mixed-use project. The proposed project would facilitate several
General Plan policies such as: LUE Policy 2.2.6, the project site is located in walking distance to
MindBody Headquarters, SESLOC, and other nearby employers, as well as to retail uses and
other services of the Marigold Shopping Center ; LUE Policy 2.2.7 the project promotes
redevelopment and infill development; and LUE Policy 1.5, the project would help reduce the
gap between housing demand and supply by supporting additional residential units, including
affordable units.
Development of the site consistent with t he proposed project would support Circulation-related
policies include improvements to transit, bicyclist facilities, and pedestrian facilities. The San
Luis Obispo Regional Transit Authority (RTA) and the City of San Luis Obispo Transit Division
(SLO Transit) provide transit service to the study area. SLO Transit Routes 1 and 3 provide
fixed-route service to the study area. RTA offers Dial-A-Ride curb to curb services within the
City limits. Bicycle facilities in the study area consist of Class II bike lanes, which provide a
striped lane for one-way bicycle travel on the side of street. Broad Street and Tank Farm Road
both have Class II bike lanes on both sides of the road throughout the study segments.
Additionally, redevelopment of the site would provide improvements to pedestrian circulation
facilities and connectivity by connecting and improving existing sidewalks, crosswalks, and
pedestrian signals at signalized intersections.
Consistency with the AASP
The AASP was initially adopted on August 23, 2005 and provides a planning framework for
future growth and development within the approximately 1,500 -acre area along the City’s
southern boundary. The AASP sets forth guidance for land use, conservation and resource
management, community design, circulation and transportation improvements, and utilities and
services needed in the planning area. The AASP has been amended multiple times, with the last
amendment adopted in September 2017, with the approval of the Avila Ranch project
(Attachment I).
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The project site is the only site within the original AASP Area specifically designated for
residential use. The R-2 zoning was applied to the site to grandfather the existing mobile home
park and to allow for its continued use at the site. The BP zoning on the northern portion of the
site appears to have been selected to be consistent with zoning applied on adjacent sites to the
east and west. At the time of AASP adoption, there does not appear to have been a detailed
discussion of other development options for the site.
The R-2 portion of the site has been developed for several decades with a mobile home park
known as the Hidden Hills MHP. The Hidden Hills MHP contains 35 coaches, that were either
under individual ownership or owned by the MHP owner and operator. The Business Park (BP)
portion of the site to the north has been used as a RV storage yard known as Lazy Acres RV
Storage. The original development occurred when the property was located under County
jurisdiction several decades ago. The property that co ntains the mobile home park and RV
storage is reminiscent of a more rural, rather than urban, development pattern; yet it is largely
surrounded by more modern, urban development.
From a physical development standpoint, the site is suitable for a mixed -use project with
commercial uses closest to Tank Farm Road and housing beyond because:
1) Trip Generation – A mixed-use project that is principally residential, especially one
within walking distance of jobs and services, would result in lower trip generatio n rates
than most other types of strictly commercial development.
2) Site Context – The project site is located at a bend in the Tank Farm Road arterial
roadway that could accommodate commercial uses along the street corridor. This is
consistent with the pattern of development on the opposite side of the street. Commercial
development nearer the roadway provides for a natural separation and transition between
the street and the interior of the site. The commercial buildings have the added benefit of
providing noise attenuation from street noise to reduce the noise level exposure for the
residential uses located towards the interior of the site.
3) Riparian Corridor Preservation & Enhancement – There are two creeks that flank the
west and east sides of the property. Orcutt Creek, an ephemeral blue-line stream, flows in
a southwesterly direction to meet Acacia Creek south of the project site. Acacia Creek is
another ephemeral stream that borders the western boundary of the project site and serves
as a tributary to the East Fork of San Luis Obispo Creek. These creek corridors are in a
degraded condition. The project would improve the health and habitat value of the creek
corridors by incorporating native riparian planting and the removal of invasive
ornamentals and volunteer species. The enhancement of the creek corridors would
provide both a visual amenity as well as suitable location for pedestrian trails that would
benefit a larger population as a mixed-use project.
The proposed Specific Plan Amendment to Sect ion 4.2.5 would allow for the site to be
developed with a mixed-use project. This would accommodate the continuation and expansion of
the residential use of the site. This residential expansion is an example of urban infill
development that would improve a nd enhance the supply of housing near jobs and services, and
is consistent with many General Plan goals, programs, and policies (as discussed above). There
is an established development pattern of mixed-use projects with C-S zoning in the immediate
vicinit y of the project site. The project would need to conform to all the relevant design
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considerations and performance standards.
Mobile Home Park Conversion Requirements
Since the proposed project would facilitate a re-development of the site, including the site of the
Hidden Hills MHP, the applicant must meet the requirements of the City’s Mobile Home Park
Conversion Ordinance (Conversion Ordinance), which is set forth as Chapter 5.45 of the City’s
Municipal Code. The purpose of Chapter 5.45 is to protect residents from being displaced from
their relatively affordable housing situation without assistance for alternative living
arrangements. Chapter 5.45 establishes requirements for notification to and housing assistance
for the resident owners and tenants whe n a mobile home park is proposed for conversion to
another use.
Pursuant to Section 5.45.030 of the Conversion Ordinance, replacement housing assistance
activities must be documented in a mobile home park Conversion Impact Report (CIR), which
must be considered at a public hearing and approved by resolution. While under Sections
5.45.070 and 5.45.080 of the City’s Municipal Code, the Planning Commission is noted as the
review authority for the Conversion Impact Report (CIR), in this case, the City Council will be
the final decision maker on the project entitlements including the CIR. The CIR for the Hidden
Hills MHP is included as Attachment C.
The applicant acquired title to the property on September 19, 2016. Concurrent with obtaining
ownership of the site, the applicant negotiated with owners of 13 of the 35 on-site coaches to
purchase them and to provide a variety of relocation benefits to those owners that fit their
preferences. The other 22 coaches were owned by the park and acquired through the pro perty
sale and negotiations with the prior owner. At the time of the applicant’s acquisition of the
property, 14 of the 22 park-owned coaches were occupied by renters.
The applicant’s relocation assistance for the owners of the 13 individually-owned coaches was
through direct financial assistance. The negotiated sale prices for these coaches were 163% to
299% of the appraised value, with the differential constituting financial assistance towards
relocation. A summary of this negotiated arrangement is prov ided in Table 3 of the CIR
(Attachment C).
With the ownership change, a total of 19 coaches were occupied at closing, of which 14 coaches
were renter-occupied and five coaches were owner-occupied. The 14 tenants in park-owned
coaches were allowed to rema in under month to month lease agreements. Currently four of the
original renters remain in coaches on the site and an additional 9 coaches have been rented since
the purchase of the site by the applicant. The applicant has committed to provide any remaining
tenants (currently 13) with the right of first refusal to occupy new affordable units in the project
once they are constructed. This right of first refusal has been set forth in condition of approval
No. 5 (Attachment A). The Planning Commission recomme nded additional accommodations be
provided for the four original renters. This is further addressed below under the header Mobile
Home Park Conversion Impact Report.
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Items for Council Consideration
Affordable Housing Component and Accommodations to Mobile Home Park Residents
Staff has been in discussion with the applicant on the number of affordable units that will be
included in the project . Mobile Home Parks provide affordable housing opportunities within the
City. Housing Element Policy 8.2 states, “preserve manufactured housing or mobile home parks
and support changes in these forms of tenure only if such changes provide residents with greater
long-term security or comparable housing in terms of quality, cost, and livability.” To be
consistent with City policy, the applicant is proposing to include affordable housing that is
consistent with the affordability of the 35 mobile homes and an additional four affordable
dwelling units (ADUs) in accordance with the City’s Inclusionary Housing requirement (Tab le 2
of Appendix N of the Housing Element)1 2 for a total number of 39 units (which represents
15.7% of the total number of residential units).
The number and breakdown of proposed ADUs by the applicant is as follows: 13 very low, 9
moderate and 17 “workforce” (between moderate and market rate) units with the rationale for
this breakdown included in an addendum to the CIR (refer to the last three pages of Attachment
C). Staff is in support of requiring a minimum of 39 income-restricted housing units but
recommends that the 17 “workforce” units (which are not a category within the affordable
housing matrix) be exchanged for additional very low, low, and moderate ADUs to see a better
income strata and unit size mix within the project. Staff is recommending a unit breakdown as
follows: 13 very low, 6 low and 20 moderate. Staff looks to the City Council for direction on the
adequacy of the proposed mix of affordable housing. As proposed, the inclusion of the 39 ADUs
is consistent with the Housing Element and as a General Plan amendment and rezone, the City
Council has the authority to direct changes in the number and breakdown of the ADUs.
Overall, the 39 deed restricted ADUs help fulfill the remaining 189 very low or extremely low
affordable units still needed to meet the City’s RHNA goals for the 2014-2019 period, consistent
with HE Policies 2.3 and 2.4.3 In addition, the project would provide new affordable and market -
rate rental units, which would complement new ownership units envisioned in several recently-
approved projects such as Avila Ranch and San Luis Ranch. As proposed, the inclusion of
affordable rental units is consistent with the Housing Element.
1 The residential component’s inclusionary requirement is 3% low or 5% moderate income Affordable Dwelling
Units (ADUs), or either 7.5 ADUs at the low-income level or 12.4 ADUs at the moderate-income level. Added to
that would be the commercial compon ent, which is 2 ADUs per acre of commercial development. Using the
project’s proposed 17,500 square feet of commercial floor area on 1.5 acres, the commercial component would be
3.0 ADUs. The project’s total inclusionary requirement would be 4 ADUs based on an adjustment factor of 0 in
Table 2A, deriving from an anticipated average unit size up to 1,101 square feet.
2 As part of the Planning Commission staff report, staff had calculated that the inclusionary requirement should be
five ADUs based on floor area ratio calculations of commercial acreage; however, staff now concurs with the use of
1.5 acres for the commercial acreage.
3 Housing Element Policy 2.3: For housing to qualify as “affordable” under the provisions of this Element,
guarantees must be presented that ownership or rental housing units will remain affordable for the longest period
allowed by State law, or for a shorter period under an equity-sharing or housing rehabilitation agreement with the
City.
Housing Element Policy 2.4: Encourage housing production for all financial strata of the City's population, in the
proportions shown in the Regional Housing Needs Allocation, for the 2014 - 2019 planning period. These
proportions are: extremely low income, 12 percent, very low income, 12 percent; l ow income, 16 percent; moderate
income, 18 percent; and above moderate income, 42 percent.
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Mobile Home Park Conversion Impact Report
Regarding the accommodations made to the residents of the Hidden Hills Mobile Home Park, the
Planning Commission was supportive of the measures provided to the former coach owners.
These measures included purchasing the coaches at a price above the appraised values
(Attachment C, Conversion Impact Report). However, the Commission noted that additional
replacement housing accommodations should be made to the current remaining rental tenants on
the site and include in the language of the Conversion Impact Report (CIR).
When the applicant purchased the park there wer e 14 rental tenants on the site. Of those original
14, only four of those tenants are currently renting coaches. An additional nine tenants began
renting after the purchase of the site. The applicant has indicated that the original and new
tenants have been provided the opportunity to remain on-site in month-to-month leases as an
additional accommodation in order to remain in relatively-affordable housing for as long as
possible.
The applicant has included within the CIR that the renters that currently live on the site (all 13)
would have the right of first refusal to occupy new affordable units in the project once they are
constructed. Planning Commission was supportive of this accommodation, but wanted to see
language regarding what would be provided to the original four rental tenants during the time
that the new units are constructed.
Staff is recommending Condition No. 5, which would require that the applicant provide
additional accommodations as follows: The applicant shall provide relocation assistance to the
original four tenants (renters) for reasonably comparable housing accommodations until the
project is complete or units are available within the project, whichever is later, but not to exceed
three years. For purposes of this condition, the term “relocation assistance” shall be in the form
of deposit assistance and rent subsidy for the difference between the amount that the renter was
paying at termination of the tenancy on the project site and the rent price for reasonably
comparable housing accommodations. The Community Development Director shall determine
whether housing accommodations is “reasonably comparable” considering such factors as
availability, number of bedrooms and bathrooms, condition, location and amenities.
Revisions to Mitigation Measures
The Planning Commission recommended specific revisions to several of the mitigation measures
identified in the Draft IS/MND (Attachment J). Staff has had the opportunity to review these
suggested revisions in more detail and concurs with most of the recommended revisions. In most
cases, the recommended revisions were incorporated into the Final IS/MND verbatim or with
limited reorganization or rewording. However, in a few cases, staff is of the opinion that
retention of the original wording or wording similar to that in the Draft IS/MND is preferable.
The specifics of these instances along with the rationale for why certain revisions were not made
are summarized in Attachment G and discussed below.
The first such example is regarding the duration of the nesting bird season as noted in Mitigation
Measure BIO-2(f). Staff and the City’s environmental consultant support the retention of
“generally February 1 to September 15” as the typical nesting bird season. The inclusion of the
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qualifier “generally” would provide some flexibility in the event of an unexpected divergence
from the typical season, such as for an early active raptor nest within or near work areas.
Similarly, for Mitigation Measure BIO-3, which pertains to restoration of areas temporarily
disturbed by construction activities, the Planning Commission recommended broadening this
mitigation measure to require all non-native invasive plants to within the project’s riparian and
wetland habitats and the City’s 35-foot creek setback area to be removed and replaced with
native plants. This scale of restoration is considered by staff to be beyond the scope of the
project’s limited, and intentionally minimized, area of impact in such areas. A clear nexus was to
tie the mitigation measure to the areas of disturbance. Nonetheless, the applicant may opt to
propose a more expansive restoration plan as part of the landscaping plans for the final design,
and if so, the scope of the restoration activities could be expanded.
For Mitigation Measure N-1, which addresses potential noise exposure of the southern portion of
the site from roadway traffic on Tank Farm Road, the Planning Commission suggested that a
distance of 250 feet from the roadway centerline be specified to require noise mitigation
measures that reduce interior noise levels for residential uses on the site. At the Planning
Commission hearing, it was acknowledged that the 250-foot metric was somewhat arbitrary.
After further review of the noise study prepared for the development, staff det ermined that a
more accurate yet still fully-effective threshold would be 150 feet from the roadway centerline.
Should the City Council have additional input on these specific mitigation measures or any of the
other mitigation measures, this should be expressed during the hearing.
Conceptual Site Design Comments
While the project site plan is conceptual, the formal design review submittal is likely to adhere
closely to the conceptual site plan. Any comments on the conceptual site plan can be noted and
shared with the Architectural Review Committee and the Planning Commission for the
subsequent design review consideration.
Pedestrian and Bicyclist Connection to Damon-Garcia Sports Fields
Among the comments expressed by the Planning Commission was a desire for enhanced
pedestrian and bicyclist connectivity between the project site and surrounding destinations,
including a pathway extending north from the project site to paths at Damon-Garcia Sports
Fields.
Parks and Recreation staff have concerns with such a connection. Staff notes that a new access
point to the southern portion of the park could create conflicts for park users that have reserved
specific fields. Additionally, the fields are highly managed and maintained in order to provide
high quality playing area for the numerous groups that use the facility and having non-reserved
access to the fields could degrade the maintenance of the fields.
Staff is requesting that the City Council provide input on the desirability of including a new
pedestrian and bicyclist connection from the project site to Damon-Garcia Sports Fields.
Currently the Bicycle Transportation Plan and the AASP show a planned Class I bicycle path
from Tank Farm up to Damon-Garcia via the Digital West property west of the project. The
proposed connection would extend off-site, and hence would require the applicant to obtain an
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easement to construct the connection. The accommodation of such a new pathway was included
in the environmental analysis of the IS/MND, so additional environme ntal analysis would not be
required. However, any direction to incorporate a new connection may best be put in place
through a new condition of approval as part of the General Plan amendment and AASP
amendments.
Summary of Issues for City Council Direction
In summary Staff is recommending the City Council adopt the Final IS/MND, approve the
project, and approve the CIR. Staff also seeks City Council direction on several specific
components, including the following:
• Input on the mix of affordable housing included for the project;
• Direction on the adequacy of the CIR regarding the accommodations made to any
displaced tenants at the mobile home park;
• Final wording for certain mitigation measures in the IS/MND with respect to Mitigation
Measures BIO-2(f), BIO-3, and N-1;
• Comments on the proposed conceptual site plan and the proposed mix of uses ; and
• Direction regarding the inclusion of a new pedestrian and bicyclist connection from the
project site to the Damon-Garcia Sports Fields complex.
Public Engagement
Consistent with the City’s Public Engagement and Noticing (PEN) Manual, the project was
noticed per the City’s notification requirements for Development Projects. A newspaper legal
advertisement was posted in the Tribune 13 and 10 days prior to the Plann ing Commission
meeting for the notification of environmental determination and review of the project
respectively. A legal advertisement was posted in the New Times 13 days prior to the City
Council meeting. Additionally, postcards were sent to both tenant s and owners of properties
located within 300 feet of the project site 10 days before each advisory body hearing. Public
comment on the project and the associated environmental document was provided to the
advisory bodies through written correspondence and through public testimony at each of the
hearings.
CONCURRENCE
Staff comments provided during review of the proposed project are incorporated into the
presented evaluation and conditions of approval. Additional comments will be provided in the
staff repo rt for the use permit and architectural review regarding public improvement
requirements, utility connections, and other site features once those subsequent applications are
received and ready for consideration.
ENVIRONMENTAL REVIEW
An initial study has been prepared in accordance with the California Environmental Quality Act
(CEQA), and a Final Mitigated Negative Declaration (MND) is recommended for adoption. The
potential environmental effects of the proposed project was analyzed in the IS/MND
(Attachments K and L). The IS/MND also analyzed potential offsite impacts including widening
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and frontage improvements along the north side of Tank Farm Road, widening of an existing
bridge across Acacia Creek to the Digital West property, and a new bridge across O rcutt Creek
to the NKT property as alternatives for primary access to the site.
Several technical studies were prepared in support of the IS/MND and are included as
appendices to the report. These include the following:
• Biological Resource Assessment prepared by Rincon Consultants (August 2018)
• Jurisdictional Delineation prepared by Rincon Consultants (August 2018)
• Cultural Resources Technical Report prepared by Rincon Consultants (September 2018)
• Sound Level Assessment prepared by 45dB Acoustics (March 2017)
• Multimodal Draft Transportation Impact Study prepared by Central Coast Transportation
Consulting (May 2018, updated October 2018)
The Draft IS/MND determined that with incorporation of mitigation measures, potential impacts
to biological resources, cultural resources, geology and soils, hydrology and water quality, noise,
transportation/traffic, and utilities and service systems will be less than significant. The Draft
IS/MND was released for the 30-day public review period on November 30, 2018. The 30-day
minimum review period was extended to January 4, 2019, on account of the New Year’s Day
holiday. Comments on the Draft IS/MND were made by the Planning Commission, during the
Commission’s review of the project on December 12, 2018, and a comment let ter was received
from Commissioner McKenzie. Other comment letters included a letter dated January 4, 2019
from Jenna Schudson of Caltrans District 5, and a January 4, 2019 letter from Nicholas Whipps
and Ashley McCarroll of Wittwer Parkin, LLP on behalf o f the Southwest Regional Council of
Carpenters.
Comments received on the Draft IS/MND have been reviewed by City staff and the City’s
environmental review consultant. Responses to these comments have been prepared and included
with the Final IS/MND (Attachment M). Appropriate revisions in response to these comments
have been incorporated into the Final IS/MND.
The findings from the Final IS/MND, as well as the Mitigation Monitoring Reporting Program
(MMRP), have been included in the draft Resolution for City Council consideration. Before the
City Council for consideration is the adoption of the Final IS/MND, the associated findings, and
the project’s MMRP as the basis of CEQA compliance for the proposed rezone and related
entitlements.
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FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. However, the proposed General Plan
Amendment and Rezone would facilitate redevelopment of the site with a net increase of 214
residential u nits and 17,500 square feet of new commercial floor area. These new residential and
commercial uses would be expected to increase property tax and sale tax revenues for the City
while also increasing municipal service costs. As a compact, mixed -use development, an overall
positive fiscal impact to the City would be anticipated . With respect to the cost of processing the
application and the associated IS/MND, these have been the responsibility of the applicant, and
hence these actions do not have an impact o n City finances.
ALTERNATIVES
1. Continue consideration of the project . The Council may continue its review of the 650 Tank
Farm Road project to a date certain hearing if additional time or information is needed to
make a decision. If additional informatio n is needed, direction should be provided to staff so
that it can be presented at that subsequent hearing.
2. Direct changes to the project proposal. The Council may direct staff and the applicant to
make specific changes to the project. Direction on changes should be specific and preferably
within the scope of the environmental document prepared for the project. Changes beyond
the scope of the IS/MND prepared for the project would require additional environmental
review and delay the project entitlement process.
3. Deny the project. The Council may deny the project, based on findings of inconsistency with
California State Law, the City’s General Plan, Zoning Regulations, and other applicable City
regulations.
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Attachments:
a - Draft Resolution
b - Draft Ordinance
c - Conversion Impact Report
d - PC Final Resolution 12-12-2018
e - Draft PC Minutes 12-12-2018
f - ALUC Consistency Findings, Conditions, and Exhibits
g - Summary of Planning Commission IS-MND Input Requiring Staff Responses
h - Council Reading File - Planing Commission 12-12-2018 Staff Report
i - Council Reading File - Revised AASP
j - Council Reading File - Draft IS-MND
k - Council Reading File - Final IS-MND
l - Council Reading File - Final IS-MND Appendix
m - Council Reading File - Response to Comments
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R _______
RESOLUTION NO. ______ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE GENERAL PLAN
AMENDMENT, AIRPORT AREA SPECIFIC PLAN AMENDMENT, AND
ASSOCIATED MOBILE HOME PARK CONVERSION TO ALLOW FOR
A MIXED-USE PROJECT INCLUDING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL REVIEW AS REPRESENTED
IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS
DATED FEBRUARY 5, 2019 (650 TANK FARM ROAD; EID-1066-2017,
SPEC-0398-2017, AND GENP-1065-2017)
WHEREAS, t he Planning Commission conducted a public hearing in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 12,
2018, and recommended that the City Council 1) adopt the Initial Study-Mitigated Negative
Declaration; 2) approve the General Plan Amendment, Airport Area Specific Plan Amendment s,
and Rezone based on the findings that the project is consistent with the General Plan and Airport
Area Specific Plan, as amended; and 3) approve the associated Mobile Home Park Conversion
Impact Report; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing on February 5, 2019 in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, for the purpose of considering a General Plan Amendment (GENP-1065-
2017), Specific Plan Amendment and Rezone (SPEC-0398-2017) and a Mobile Home Park
Conversion Impact Report for the property located at 650 Tank Farm Road to facilitate a mixed
use project ; and
WHEREA S, notices of said public hearing s were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings. The City Council does hereby approve the proposed project
(GENP-1065-2017 and SPEC-0398-2017) that includes a General Plan Amendment, Specific
Plan Amendment, and a Mobile Home Park Conversion based on the following findings:
General Plan Amendment and Airport Area Specific Plan Amendment 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
follo wing General Plan policies: Policy LUE Policy 1.5 Jobs/Housing Relationship,
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because the provides additional housing opportunities at a location close to major
employers and multi-modal transportation facilities; LUE Policy 2.2.6 and 2.2.7,
which promote quality neighborhoods and infill development, because the project is
located within walking distance to MindBody Headquarters, SESLOC, other nearby
employers as well as retail uses and other services of the Marigold Shopping Center;
and Circulation Element policies 3.1.7 Transit Service Access, 4.1.1 Bicycle Use, and
5.1.2 Sidewalks and Paths, because SLO Transit Routes 1 and 3 provide service to the
project site area and because the project would provide improvements to bicyclist and
pedestrian facilities in the project area. The AASP as amended is also consistent with
all other applicable General Plan policies, as described and analyzed in Section 5.1 of
the December 12, 2018 staff report to the Planning Commission for this project.
2. The General Plan Amendment and AASP Amendments allow the implementation of
the 650 Tank Farm Road Mixed-Use Project by:
• Updating the City’s General Plan land use maps and the AASP to reflect the
development anticipated in the 650 Tank Farm Road Mixed-Use Project
Conceptual Development Plan.
3. The site is physically suited for the type and density allowed in the Service
Commercial with the Specific Plan overlay (C-S-SP) zoning district.
4. The County of San Luis Obispo Airport Land Use Commission, on November 16,
2018, found the proposed project to be consistent with the Airport Land Use Plan.
5. The proposed General Plan Amendment and AASP Amendments will not conflict
with easements for access through the property.
6. The proposed project will facilitate the development of affordable housing consistent
with the intent of California Government Code §65915, and in compliance with City
policies and the Housing Element.
7. The proposed project is consistent with Land Use Element Policy 2.3.6 “Housing and
Businesses” and 3.8.5 “Mixed Uses” because future development facilitated by the
proposed project would provide residential dwellings within a commercial district
near neighborhood co mmercial centers, major activity nodes and transit opportunities.
Housing at this location is compatible with proposed and existing commercial and
residential uses on adjacent properties.
8. The proposed project is consistent with the allowable and conditional uses set forth in
Section 4.3 Land Use Policies and Table 4.3 of the AASP because:
i. The Service Commercial with the Specific Plan overlay (C-S-SP) zone allows
mixed-use projects with a conditional use permit ;
ii. The project’s conceptual design protects public health, safety, and welfare, with
subsequent development facilitated by the rezone subject to the required
architectural review process; and
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iii. Mixed-use development facilitated by the proposed project provides greater
public benefits than a single-use development of the site because it provides
needed housing, it is located along a major transit, bike, and pedestrian corridor,
and is in close proximity of workplaces, schools, health facilities, and services.
Mobile Home Park Mobile Conversion Impact Report
9. In accordance with Chapter 5.45 of the Municipal Code, a Mobile Home Park
Conversion Impact Report was prepared which contains reasonable measures to
mitigate the adverse impacts of the mobile home park conversion on affected mobile
home owners and residents.
10. In accordance with Section 5.45.070 of the Municipal Code, a duly-noticed public
hearing was held regarding the proposed mobile home park conversion, and at this
hearing, testimony from all interested parties was heard and considered.
11. The proposed conversion impact report contains reasonable measures to mitigate the
adverse impacts of the mobile home park conversion on affected mobile home owners
and residents because it outlines the how mobile homes have been purchased and
covered all reasonable costs of relocation for the resident tenants.
SECTION 2. Environmental Review. Based upon all evidence, the City Council hereby
adopts the Final Initial Study-Mitigated Negative Declaration (IS-MND), and adopts the
following CEQA Findings in support of all entitlements related to the 650 Tank Farm Road
Mixed-Use project:
1. The 650 Tank Farm Mixed-Use Project Final Initial Study-Mitigated Negative
Declaration (IS-MND) was prepared in accordance with the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing impacts
associated with the proposed project; and
2. All potentially significant effects were analyzed adequately in the referenced IS-
MND, subject to the following mitigation measures being incorporated into the
project and the mitigation monitoring program:
MITIGATION MEASURES
Air Quality Mitigation
Mitigation Measure AQ-1. The applicant shall define and incorporate into project design at
least four of the following standard emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook (Table 3-5):
• Provide a pedestrian friendly and interconnected streetscape with good access to/from the
development for pedestrians, bicyclists, and transit users to make alternative
transportation more convenient, comfortable, and safe.
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• Provide shade over 50% of parking spaces to reduce evaporative emissions from parked
vehicles.
• Incorporate traffic calming modification into project roads to reduce vehicle speeds and
increase pedestrian and bicycle usage and safety.
• Work with SLOCOG to create, improve, or expand a nearby ‘Park and Ride’ lot with car
parking and bike lockers in proportion to the size of the project.
• Exceed Cal Green standards by 25% for providing on-site bicycle parking: both short
term racks and long-term lockers, or a locked room with standard racks and access
limited to bicyclists only.
• Provide improved public transit amenities (covered transit turnouts, direct pedestrian
access, bicycle racks, covered bench, smart signage, route information displays, lighting,
etc.)
• Provide bicycle-share program for development.
• Provide dedicated parking for carpools, vanpools, and/or high-efficiency vehicles to meet
or exceed Cal Green Tier 2.
Mitigation Measure AQ-2. The applicant shall implement the following dust control measures
so as to reduce PM10 emissions in accordance with SLOAPCD requirements.
• Reduce the amount of the disturbed area where possible;
• Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water
shall be used whenever possible;
• All dirt stock pile areas shall be sprayed daily as needed;
• Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any
soil disturbing activities;
• Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive grass seed and
watered until vegetation is established;
• All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in ad vance by the
SLOAPCD;
• All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114;
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible;
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Mitigation Measure AQ-3. The following standard air quality mitigation measures shall be
implemented during construction activities at the project site:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel-powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
• Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-
road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
• Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard
for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;
• Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g. captive or NO X
exempt area fleets) may be eligible by proving alternative compliance;
• All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas and or job sites to remind drivers and operators
of the 5-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors is not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
• Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel.
➢ AQ-1, AQ-2, and AQ-3 Monitoring Program: The Community Development Department
shall verify compliance prior to issuance of grading or construction permits. The contractor
or builder shall designate a person or persons to monitor fugitive dust emissions as necessary
during construction to minimize dust complaints, reduce visible emissions below 20 percent
opacity, and to prevent transport of dust offsite. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and telephone number of
such persons shall be provided to the SLOAPCD Complia nce Division prior to the start of
any grading, earthwork or demolition. The Community Development Department shall site
inspect to ensure construction activities are completed in accordance with approved plans,
and development is in accordance with approved plans prior to occupancy clearance.
Community Development staff shall verify installation of operational emissions reduction
measures in accordance with approved building plans.
Biological Resources Mitigation
Mitigation Measure BIO-1(a). Prior to the start of vegetatio n management activities on the
project site, or prior to the start of any construction activity within potential off-site improvement
areas, the developer shall ensure an approved biologist conducts surveys for special status plant
species throughout suitable habitat. Surveys shall be conducted when plants with potential to
occur are in a phenological stage conducive to positive identification (i.e., usually during the
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blooming period for the species), a qualified biologist shall condu ct surveys for special status
plant species throughout suitable habitat within all potential vegetation management areas.
Reference sites must be visited prior to botanical surveys to confirm target species are
detectable. Valid botanical surveys will be considered current for up to five years; if construction
has not commenced within five years of the most recent survey, botanical surveys must be
repeated.
Mitigation Measure BIO-1(b). If special status plant species are discovered within the project
sit e or potential off-site improvement areas, an approved biologist shall flag and fence these
locations before construction activities start to avoid impacts. During vegetation management
activities, any special status plants identified during the survey must be flagged for avoidance.
Mitigation Measure BIO-1(c). If avoidance is not feasible; all impacts shall be mitigated at a
minimum ratio of 2:1 (number of acres or individuals restored to number of acres or individuals
impacted) for each species as a component of habitat restoration. A qualified biologist shall
prepare and submit a restoration plan to the City for approval. The approved Plan shall be
implemented by the applicant with the City verifying that the success criteria have been met. The
resto ration 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 [type(s) and area(s) of habitat to be
established, restored, enhanced, and/or preserved; specific functions and values of habitat
type(s) to be established, restored, enhanced, and/or preserved];
• Description of the proposed compensatory mitigation site (location and size, ownership
status, existing functions and values);
• Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan
[including species to be used, container sizes, seeding rates, etc.]);
• Maintenance activities during the monitoring period, including weed removal and
irrigation as appropriate (activities, responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site, including no less than q uarterly
monitoring for the first year, along with performance standards, target functions and
values, target acreages to be established, restored, enhanced, and/or preserved, and annual
monitoring reports to be submitted to the City for a minimum of five years at which time
the applicant shall demonstrate that performance standards/success criteria have been
met;
• Success criteria based on the goals and measurable objectives; said criteria to be, at a
minimum, at least 80% survival of container plants and 30% relative cover by vegetation
type;
• An adaptive management program and remedial measures to address any shortcomings in
meeting success criteria;
• Notification of completion of compensatory mitigation and agency confirmation; and
• Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism).
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Mitigation Measure BIO-2(a). The following Best Management Practices (BMPs) shall be
implemented for project construction activities within the work ar ea.
• No pets or firearms shall be allowed at the project site during construction activities.
• All trash that may attract predators must be properly contained and removed from the
work site. All such debris and waste shall be picked up daily and properly disposed of at
an appropriate site.
• All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50
feet from defined edges of riparian and wetland vegetation, and Acacia Creek and Orcutt
Creek, and in a location where a spill would not drain toward aquatic habitat. A plan must
be in place for prompt and effective response to any accidental spills prior to the onset of
work activities. All workers shall be informed of the appropriate measures to take should
an accidental spill occur.
• Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should material spills occur, materials and/or contaminants shall be cleaned
from the project site and recycled or disposed of to the satisfaction of the Regional Water
Quality Control Board.
• Prior to construction activities within 30 feet of potentially jurisdictional features,
including Acacia Creek and Orcutt Creek, the drainage features shall be fenced with
orange construction fencing and signed to prohibit entry of construction equipment and
personnel unless authorized by the City. Fencing should be located a minimum of 30 feet
from the edge of the riparian canopy or top of bank and shall be maintained throughout
the construction period for each phase of development. Once all phases of construction in
this area are complete, the fencing may be removed.
• Erosion control and landscaping specifications allow only natural-fiber, biodegradable
meshes and coir rolls, to prevent impacts to the environment and to fish and terrestrial
wildlife.
• All vehicles and equipment shall be in good working condition and free of leaks.
• Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid
impacts to nocturnal and crepuscular (dawn and dusk activity period) species.
• Concrete truck and tool washout shall be limited to locations designated by a qualified
biologist or a Qualified Storm-water Practitioner such that no runoff will reach Acacia
Creek or Orcutt Creek.
• All open trenches shall be constructed with appropriate exit ramps to allow species that
accidentally fall into a trench to escape. Trenches will remain open for the shortest period
necessary to complete required work.
• No water will be impounded in a manner to attract sensitive species.
Mitigation Measure BIO-2(b). Prior to the initiation of construction activities (including
staging and mobilization), all personnel associated with project construction shall attend a
Worker Environmental Awareness Program (WEAP) training. The training s hall be conducted
by a qualified biologist, to aid workers in recognizing special status resources that may occur in
the project area. The specifics of this program shall include identification of the sensitive species
and habitats, a description of the regulatory status and general ecological characteristics of
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sensitive resources, and review of the limits of construction and avoidance measures required to
reduce impacts to biological resources within the work area. A fact sheet conveying this
information shall also be prepared for distribution to all contractors, their employers, and other
personnel involved with construction of the project. All employees shall sign a form provided by
the trainer documenting they have attended the training.
Mitigation Measure BIO-2(c). The following shall be implemented to avoid and minimize
potential impacts to California Red-legged Frog.
• A pre-construction survey of the proposed disturbance footprint (within the project site or
potential off-site improvement areas) for California red-legged frog shall be conducted by
a qualified biologist within 48 hours prior to the start of project construction to confirm
this species is not present in the work area.
• In the event the pre-construction survey identifies the presence of individuals of CRLF,
or if individuals of these species are encountered during construction, then the applicant
shall stop work and comply with all relevant requirements of the Federal Endangered
Species Act prior to resuming project activities.
• Only City- and USFWS-approved biologists shall participate in activities associated with
the capture, handling, and monitoring of CRLF.
• If activities occur between November 1 and April 30, the qualified biologist shall conduct
a pre‐activity clearance sweep prior to start of project activities on the morning following
any rain events of 0.1 inch or greater.
Mitigation Measure BIO-2(d). A qualified biologist shall conduct a pre-construction survey
within 48 hours of initial ground disturbing activitie s associated with any off-site improvements,
including modifications to the existing crossing over Acacia Creek or the development of a new
crossing over Orcutt Creek. The survey area shall include any proposed disturbance area(s) and
all proposed ingress/egress routes. If any of these species are found and individuals may be
injured or killed by work activities, the biologist shall be allowed sufficient time to move them
from the project site before work activities begin. The biologist(s) shall relocate a ny coast range
newts, two-striped garter snakes, and/or western pond turtles the shortest distance possible to a
location that contains suitable habitat that is not likely to be affected by activities associated with
the project.
Mitigation Measure BIO-2(e). The applicant shall implement the following to avoid and
minimize potential impacts to steelhead.
• Construction associated with the widening of the existing crossing over Acacia Creek
shall be restricted to periods of dry weather from April 16 through October 31, and shall
not be conducted within 48 hours after a rain event of 0.25 inch or greater, or until an
approved biologist confirms there is no longer a chance for flowing water to enter the
work area.
• Widening of the existing crossing shall follow the design standards developed by the City
of San Luis Obispo and shall be developed in a manner that does not impede wildlife
movement.
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Mitigation Measure BIO-2(f). The following actions shall be undertaken to avoid and minimize
potential impacts to nesting birds:
• For construction activities occurring during the nesting season (generally February 1 to
September 15), surveys for nesting birds covered by the California Fish and Game Code
and the Migratory Bird Treaty Act no more than 14 days prior to vege tation removal. The
surveys shall include the disturbance area plus a 500-foot buffer around the site. If active
nests are located during the pre-construction survey or during construction, all
construction work shall be conducted outside a buffer zone fro m the nest to be
determined by the qualified biologist. The buffer shall be a minimum of 50 feet from the
nest tree for non-raptor bird species and at least 300 feet from the nest tree for raptor
species. Larger buffers may be required depending upon the status of the nest and the
construction activities occurring in the vicinity of the nest. The buffer area(s) shall be
closed to all construction personnel and equipment until the adults and young are no
longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is
completed and young have fledged the nest prior to removal of the buffer.
• To account for most nesting birds, removal of vegetation within suitable nesting bird
habitats should be scheduled to occur in the fall and winter (between September 16 and
January 31), and after the young have fledged.
• If a suspected American bald eagle nest is discovered during the pre-construction survey,
then the applicant shall consult with the City, USFWS, and CDFW regarding appropriate
nest buffers and nest monitoring. If a nest is discovered with construction underway, a
no -activity buffer a minimum of 660 feet from the nest must be implemented, or as
otherwise directed by CDFW and USFWS, until appropriate authorizations are obtained.
Any subsequent buffer adjustments shall be made in consultation with the City, CDFW
and USFWS and shall rely on monitoring observations and activity at the site. Additional
avoidance measures for special status bird nests such as American bald eagle nests are
often required, and would be developed in consultation with the City, CDFW and
USFWS.
• The Worker Environmental Awareness Program (Mitigation Measure BIO -2[b]) shall
provide good housekeeping practices of equipment and materials that discoura ge nests
being established within the construction area.
Mitigation Measure BIO-2(g). The following actions shall be undertaken to avoid and
minimize potential impacts to roosting bats:
• Prior to issuance of grading permits, a qualified biologist shall c onduct a survey of
existing structures within the project site to determine if roosting bats are present. The
survey shall be conducted during the non-breeding season (November through March).
The biologist shall have access to all interior attics, as need ed. If a colony of bats is found
roosting in any structure, further surveys shall be conducted sufficient to determine the
species present and the type of roost (day, night, maternity, etc.) If the bats are not part of
an active maternity colony, passive e xclusion measures may be implemented, in close
coordination with CDFW. These exclusion measures must include one -way valves that
allow bats to exit the structure but are designed so that the bats may not re -enter the
structure.
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• If a bat colony is excluded from the project site, appropriate alternate bat habitat as
determined by a qualified biologist shall be installed on the project site or at an approved
location offsite.
• Prior to removal of any trees, a survey shall be conduct ed by a qualified biologist to
determine if any of the trees proposed for removal or trimming harbor sensitive bat
species or maternal bat colonies. If a non-maternal roost is found, the qualified biologist,
in close coordination with CDFW shall install one-way valves or other appropriate
passive relocation method. For each occupied roost removed, one bat box or alternate
roost structure shall be installed in similar habitat and should have similar cavity or
crevices properties to those which are removed, including access, ventilation, dimensions,
height above ground, and thermal conditions. Maternal bat colonies may not be disturbed.
➢ BIO-1(a) to BIO-2(g) Monitoring Program: The Environmental Monitor shall monitor
environmental compliance of the constructio n activities throughout the construction period or
as stipulated in the species- or resource-specific mitigation measure and provide monitoring
reports to the City.
Mitigation Measure BIO-3. Temporary impact areas shall be restored at a one to one (1:1) r atio
(one acre of restoration for each acre of impact) to offset temporary losses in wetland, stream, or
riparian function. Permanent impacts on jurisdictional areas shall be offset through creation,
restoration, and/or enhancement of in-kind habitats at a minimum ratio of 2:1. Permitting
agencies (CDFW, USACE, RWQCB) may require a higher mitigation ratio associated with
applicable permits. Furthermore, non-native invasive plants in temporarily-disturbed areas within
riparian and wetland habitats and within City’s 35-foot creek setback from Orcutt Creek and
Acacia Creek shall be removed, and such areas shall be revegetated using native plants. Any
restoration efforts shall include an invasive plant removal element.
A Mitigation and Monitoring Plan is requ ired to outline the approach that will be taken for
restoration and habitat creation or enhancement. Once approved, the applicant will be
responsible for Plan implementation, and the City will verify success of the Plan. The Plan shall
be prepared by a qualified restoration ecologist. The plan shall include, but not be limited to the
following components:
• Description of the project/impact site,
• Goal(s) of the compensatory mitigation,
• Description of the proposed compensatory mitigation-site,
• Implementation plan for the compensatory mitigation-site,
• Maintenance activities during the monitoring period,
• Monitoring plan for the compensatory mitigation-site,
• Success criteria and performance standards,
• Reporting requirements, and
• Contingency measures and funding mechanisms.
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➢ BIO-3 Monitoring Plan: The Environmental Monitor shall monitor environmental
compliance of the construction activities throughout the construction period or as stipulated
in the Mitigation and Monitoring Plan and provide monitoring rep orts to the City.
Cultural Resources Mitigation
Mitigation Measure CR-2(a). In accordance with the City’s Conservation and Open Space
Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets
the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation measures related to archaeological
resources.
Monitoring shall involve inspection of subsurface construction disturbance in the immediate
vicinity of known sites, or at locations that may harbor buried resources that were not identified
on the site surface. A Native American monitor shall also be present because the area is a
culturally-sensitive location. The monitor(s) shall be on-site on a full-time basis during
earthmoving activities, including grading, trenching, vegetatio n removal, or other excavation
activities.
Mitigation Measure CR-2(b). If cultural resources are encountered during ground-disturbing
activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the
Interior’s Professional Qualifications Standards for archaeology (NPS 1983) shall be contacted
immediately to evaluate the find. If the discovery proves to be significant under CEQA,
additional work such as data recovery excavation and Native American consultation may be
warranted to mitigate any significant impacts.
Mitigation Measure CR-2(c). If cultural resources are encountered during ground-disturbing
activities, an extended phase I (XPI) testing program, utilizing standard shovel test pits and/or
hand auguring at arbitrary levels, shall be conducted in the vicinity of the encounter.
If the XPI program identifies subsurface deposits, a Phase II evaluation program shall be
prepared to determine whether development would significantly impact identified resources.
If the Phase II evaluation program identifies identified resources as significant, a Phase III data
recovery program shall be prepared and impleme nted. The purpose of the Phase III data recovery
program is to recover, analyze, interpret, report, curate, and preserve archaeological data that
would otherwise be destroyed.
The testing and evaluation programs shall be prepared by a qualified archaeologist, and shall be
submitted for review and approval by the City. The qualified archaeologist shall monitor
compliance with testing and evaluation program requirements during implementation of the
testing and evaluation programs.
CR-2(a, b and c) Monitoring Plan: The City shall confirm the qualifications of and approve the
applicant’s choice of a qualified archaeologist. The City shall inspect the site periodically during
grading and demolition to ensure compliance with this measure. The Cit y shall review
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construction plans and periodically inspect project construction to ensure compliance with these
measures.
Mitigation Measure CR-3(a). Prior to the commencement of ground disturbing activities under
the project that are greater than six feet in depth, a qualified professional paleontologist shall be
retained to conduct paleontological monitoring during project ground disturbing activities. The
Qualified Paleontologist (Principal Paleontologist) shall have at lea st a Master’s Degree or
equivalent work experience in paleontology, shall have knowledge of the local paleontology, and
shall be familiar with paleontological procedures and techniques.
Ground disturbing construction activities (including grading, trench ing, drilling with an auger
greater than 3 feet in diameter, and other excavation) within previousl y undisturbed sediments at
depths greater than six feet shall be monitored on a full-time basis. Monitoring shall be
supervised by the Qualified Paleontologist and shall be conducted by a qualified paleontological
monitor, who is defined as an individual who meets the minimum qualifications per standards set
forth by the SVP (2010), which includes a B.S . or B.A. degree in geology or paleontology with
one year of monitoring experience and knowledge of collection and salvage of paleontological
resources.
The duration and timing of the monitoring shall be determined by the Qualified Paleontologist.
If the Qualified Paleontologist determines that full-time monitoring is no longer
warranted, he or she may recommend reducing monitoring to periodic spot -checking or cease
entirely. Monitoring would be reinstated if any new ground disturbances are required and
reduction or suspension would need to be reconsidered by t he Qualified Paleontologist. Ground-
disturbing activity that does not exceed six feet in depth within Quaternary alluvium would not
require paleontological monitoring.
Mitigation Measure CR-3(b). In the event that a paleontological resource is discovered, the
monitor shall have the authority to temporarily divert the construction equipment around t he find
until it is assessed for scientific significance and collect ed. Once salvaged, significant fossils
shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition,
and curated in a scientific institution with a permanent paleontological collection along with all
pertinent field notes, photos, data, and maps. Curation fees are assessed by the repository, and
are the responsibility of the project owner.
Mitigation Measure CR-3(c). At the conclusion of laboratory work and museum curation, a
final report shall be prepared describing the results of the paleontological mitigation monitoring
efforts associated with the project. The report shall include a summary of the field and laboratory
methods, an overview of the project geology and paleontology, a list of taxa recovered (if any),
an analysis of fossils recovered (if any) and their scientific significance, and recommendations.
The report shall be submitted to the lead agency(s) for the project. If the monitoring efforts
produced fossils, then a copy of the report shall also be submitted to the designated museum
repository.
➢ CR-3 (a, b, and c) Monitoring Plan. Prior to initial ground disturbance, the City shall
confirm the qualifications of and approve the applicant’s choice of the qualified
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paleontologist. The City shall inspect the site periodically during grading and demolition to
ensure compliance with this measure. The City shall review construction plans and
periodically inspect project construction to ensure compliance with these measures. The City
shall review and approval the Final Paleontological Monitoring Report.
Geology and Soils Mitigation
Mitigation Measure GEO-1. A geotechnical study shall be prepared for the project site prior to
site development. This report shall include an analysis of the liquefaction potential of the
underlying materials according to the most current liquefaction analysis procedures. If the site is
confirmed to be in an area prone to seismically-induced liquefaction, appropriate techniques to
minimize liquefaction potential shall be prescribed and implemented. In addition to a
liquefaction analysis, the Geotechnical Study shall include an evaluation of the potential for soil
settlement and soil expansion beneath the project site. All on-site structures shall comply with
applicable methods of State and Local Building Codes.
Future development of the site shall incorporate all applicable engineering requirements and
recommendations as presented in the Geotechnical Study. Suitable measures to reduce
liquefaction, settlement, and soil expansion impacts may include one or more of the following
techniques, as determined by a registered geotechnical engineer:
• Specialized design of foundations by a structural engineer;
• Removal or treatment of liquefiable soils to reduce the potential for liquefaction;
• In-situ densification of soils or other alterations to the ground characteristics; or
• Other alterations to the ground characteristics.
• Excavation and re-compaction of on-site or imported soils;
• Treatment of existing soils by mixing a chemical grout into the soils prior to re -
compaction; or
• Foundation design that can acco mmodate certain amounts of differential settlement such
as post tensional slab and/or ribbed foundations designed in accordance with the
California Building Code.
➢ GEO-1 Monitoring Plan. The Community Development Department shall verify
compliance prior to issuance of grading permits. The Community Development Department
shall site inspect to ensure development is in accordance with approved plans prior to
occupancy clearance. Community Development staff shall verify installation in accordance
with approved building plans.
Hydrology and Water Quality Mitigation
Mitigation Measure HYD-1. The applicant shall prepare the conditional letter of map revision
(CLOMR) application and obtain an official letter of map revision (LOMR) from FEMA.
➢ HYD-1 Monitoring Plan. The City will confirm that FEMA has approved the CLOMR prior
to issuance of a grading permit, and LOMR prior to issuance of a building permit.
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Noise Mitigation
Mitigation Measure N-1. Within 150 feet , the project site developer shall implement the
following measures, or similar combination of measures, which demonstrate that interior
residential noise levels in residences exposed to Tank Farm Road would be reduced to the City’s
45 dBA CNEL interior noise standard. Furthermore, as shown conceptually, final building
design and location of buildings shall collectively provide an effective attenuation shield from
Tank Farm road noise for active outdoor areas within the development with the intent to achieve
60 dBA CNEL or less at a distance of 250 feet from the centerline of Tank Farm Road. I nterior
noise reduction shall be achieved through a combination of standard interior noise reduction
techniques, which may include (but are not limited to):
• In order fo r windows and doors to remain closed, mechanical ventilation such as air
conditioning shall be provided for all units exposed to Tank Farm Road (passive
ventilation may be provided, if mechanical ventilation is not necessary to achieve interior
noise standards, as demonstrated by a qualified acoustical consultant).
• All exterior walls shall be constructed with a minimum STC rating of 50, consisting of
construction of 2 inch by 4-inch wood studs with one layer of 5/8 inch Type “X” gypsum
board on each side of resilient channels on 24 inch centers and 3 ½ inch fiberglass
insulation.
• All windows and glass doors shall be rated STC 39 or higher such that the noise
reduction provided will satisfy the interior noise standar d of 45 dBA CNEL.
• An acoustical test report of all the sound-rated windows and doors shall be provided to
the City for review by a qualified acoustical consultant to ensure that the selected
windows and doors in combination with wall assemblies would reduce interior noise
levels sufficiently to meet the City’s interior noise standard.
• All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall
have at least two 90 degree turns in the duct.
• All windows and doors exposed to Tank Farm Road shall be installed in an acoustically-
effective manner. Sliding window panels shall form an air -tight seal when in the closed
position and the window frames shall be caulked to the wall opening around the
perimeter with a non-hardening caulking compound to prevent sound infiltration.
Exterior doors shall seal air-tight around the full perimeter when in the closed position.
• The applicant shall submit a report to the Community Development Department by a
qualified acoustical consultant certifying that the specific interior noise reduction
techniques included in residential, hotel, and office components of the project would
achieve interior noise levels that would not exceed 45 dBA CNEL.
➢ N-1 Monitoring Plan. The Community Development Department shall verify compliance
prior to approval of the building plans and shall verify installation in accordance with
approved building plans.
Mitigation Measure N-2(a). For all construction activity at the project site that exceeds 60 dBA
at the property line with the existing residence to the southeast , the following noise attenuation
techniques shall be employed to ensure that noise levels are ma intained within levels allowed by
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the City of San Luis Obispo Municipal Code, Title 9, Chap ter 9.12 (Noise Control). Such
techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating
of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be
installed prior to construction and remain in the designated location throughout
construction activities.
• Electrical power shall be used to power air compressors and similar power tools.
• The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00
AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).
• As needed, t emporary sound barriers shall be constructed between the construction site
and the single-family residence to the southeast.
Mitigation Measure N-2(b). The contractor shall inform the property owner of the single-family
residence to the southeast of the project site of proposed construction timelines and noise
complaint procedures to minimize potential annoyance related to construction noise. Proof of
mailing the notice shall be provided to the Community Development Department before the City
issues a zoning clearance. Signs shall be in place before beginning of and throughout grading and
construction activities. Noise-related complaints shall be directed to the City’s Community
Development Department.
Plan Requirements and Timing. Construction plans shall note construction hours, truck routes,
and construction Best Management Practices (BMPs) and shall be submitted to t he City for
approval prior to grading and building permit issuance for each project phase. BMPs shall be
identified and described for submittal to the City for review and approval prior to building or
grading permit issuance. BMPs shall be adhered to for t he duration of the project. The applicant
shall provide and post signs stating these restrictions at construction site entries. Signs shall be
posted prior to commencement of construction and maintained throughout construction.
Schedule and neighboring property owner notification mailing list shall be submitted 10 days
prior to initiation of any earth movement. The Community Development department shall
confirm that construction noise reduction measures are incorporated in plans prior to approval of
grading/building permit issuance.
All construction workers shall be briefed at a pre-construction meeting on construction hour
limitations and how, why, and where BMP measures are to be implemented. A workday
schedule will be adhered to for the duration of construction for all phases.
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➢ N-2(a and b) Monitoring Plan. City staff shall ensure compliance throughout all
construction phases. Building inspectors and permit compliance staff shall periodically
inspect the site for compliance with activity schedules and r espond to complaints.
Transportation and Traffic Mitigation
Mitigation Measure T-1. The project applicant shall pay fair share costs for required
intersection improvements to address the project’s identifie d queueing impact at the Broad
Street/Tank Farm Road intersection. Required intersection improvements include:
• Broad Street/Tank Farm Road: Re-stripe the existing cross-sectional width to provide a
second southbound left turn lane.
Alternatively, the identified queueing impact at the Broad Street/Tank Farm Road intersection
would be eliminated if the applicant provides a vehicular connection to the adjacent sit e to the
east, which would allow use of the traffic signal way at Industrial Way.
➢ T-1 Monitoring Plan. The City shall verify payment of fair share costs (or inclusion of a
vehicular connection to the adjacent site to the east on project site plans) upon acceptance by
the City of final design plans.
Mitigation Measure T-2. The project applicant shall pay fair share costs for required
intersection and segment improvements to address the project’s contribution to identified
cumulative intersection and segment level of service and queueing impacts. Required
intersection improvement s include:
• Tank Farm Road/South Higuera Street: Install a second southbound left turn lane.
• Tank Farm Road/Santa Fe Road: Install a multi-lane roundabout.
• Broad Street/Industrial Way: Convert the east and west approaches from split phasing to
permissive phasing and restripe both approaches to provide dedicated left turn lanes and
shared through/right turn lanes.
• Broad Street/Tank Farm Road: Add a second southbound left turn lane, add a dedicated
northbound right turn lane, convert the westbound right turn lane to a shared
through/right lane, and establish time-of-day timing plans.
Required segment improvements include:
• Tank Farm Road from Old Windmill Lane to Santa Fe Road: Roadway widening.
➢ T-2 Monitoring Plan. The City shall verify payment of fair share costs upon acceptance by
the City of final design plans and in accordance with the timing of improvements.
Utilities and Service Systems Mitigation
Mitigation Measure UT-1. Prior to issuance of grading permits, the applicant shall define and
incorporate into the project design an Inflow and Infiltration reduction strategy consistent with
the City’s Wastewater Infrastructure Renewal Strategy. Prior to issuance of a certificate of
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occupancy, the developer shall be required to implement, and demonstrate off-site sewer
rehabilitation that results in quantifiable inflow and infilt ration reduction in the City’s
wastewater collection system in sub-basin A1, A2, A3, A4, B.2 or B.3 in an a mount equal to
offset the project’s wastewater flow increase. This may be satisfied by one of the following:
• Sufficient reductions in wastewater flow within sub-basins A1, A2, A3, A4, B.2 or B.3,
commensurate with the additional wastewater flow contributed by the project, to be
achieved by the verified replacement of compromised private sewer laterals, or public
sewer mains, either by the developer, or any property owner located within said basins; or
• Participation in a sewer lateral replacement program, or similar inflow and infiltration
reduction program to be developed by City if program is in place prior to issuance of
certificate of occupancy; or any other off-site sewer rehabilitation proposed by the
developer and approved by the Utilities Director, which will achieve a reduction in
wastewater flow commensurate with the additional wastewater flow contributed by the
project. The final selection of the inflow and infiltration reduction project will be
approved by the Utilities Director.
➢ UT-1 Monitoring Plan. The Community Development Department shall verify compliance
prior to issuance of grading permits.
Mitigation Measure UT-2. Prior to issuance of grading permits, the applicant shall define and
incorporate into the project design water reduction measu res consistent with the City’s Recycled
Water Master Plan. Prior to issuance of a certificate of occupancy, the develo per shall be
required to implement, and demonstrate water offsets that result in quantifiable water demand
reductions in the City’s potable water distribution system with an amount equal to offset the
project’s water flow increase. This may be satisfied by one of the following:
• Sufficient reductions in potable water demands, commensurate with the additional water
demands contributed by the project, to be achieved by verified conversions of existing
irrigation system from potable water to recycled water systems located within the City’s
potable water distribution system;
• Participation in the construction of new mains for the recycled water transmission
system; or construction of any other recycled water main proposed by the developer and
approved by the Utilities Director, which will achieve a reduction in potable water
demands commensurate with the additional water demands contributed by the project.
➢ UT-2 Monitoring Plan. The Community Development Department shall verify compliance
prior to issuance of grading permits.
SECTION 3 . Action. The City Council hereby approves the proposed project (GENP-
1065-2017 and SPEC-0398-2017) that includes a General Plan Amendment, AASP Amendment
and a Mobile Home Park Conversion subject to the following conditions:
Conversion Impact Report
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1. No building permit shall be issued for conversion of a mobile home park property
until the applicant has filed with the director a written statement confirming full
performance of the conditions of approval. The written statement shall list the name
of each affected mobile home owner and resident and the date and type of relocation
assistance provided to such person. The statement shall be executed under penalty of
perjury. (Ord. 1533 § 1 (part), 2009).
2. The applicant shall submit proof of recordation of a certificate of acceptance within
30 days after the adoption of the resolution of approval.
3. The Conversion Impact Report shall be amended to include detailed information
about the relocation assistance and/or accommodation provided for the existing
renters that were renting coaches prior to the purchase of the site by the applicant.
4. The 13 remaining tenants of the Hidden Hills Mobilodge Mobile Home Park shall be
given right of first refusal for the affordable housing units in the subsequent mixed -
use development, and should any of these former tenants not be qualified for the
affordable housing units, they shall be given right of first refusa l for the first available
non-restricted housing units.
5. The applicant shall provide relocation assistance to the original four tenants (renters)
for reasonably comparable housing accommodations until the project is complete or
units are available within the project, whichever is later, but not to exceed three years.
For purposes of this condition, the term “relocation assistance” shall be in the form of
deposit assistance and rent subsidy for the difference between the amount that the
renter was paying at termination of the tenancy on the project site and the re nt price
for reasonably comparable housing accommodations. The Community Development
Director shall determine whether housing accommodations is “reasonably
comparable” considering such factors as availability, number of bedrooms and
bathrooms, condition, location and amenities.
General Plan Amendment and AASP Amendments
6. The General Plan’s land use designation for the project site shall be amended as
shown is Exhibit A.
7. No development other than the project as specifically described to the ALUC in the
written materials attached to the Referral Letter from the City dated September 28,
2018, in the written materials subsequently provided by the Applicant to the ALUC
and included in the agenda packets for the ALUC’s October 17, 2018 and November
16, 2018 meetings and in the oral testimony by the Applicant during said meetings,
may be established without subsequent prior referral to the ALUC.
8. The Amendments shall apply only to the property currently proposed to be occupied
by the Project, i.e. to the Project site.
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9. Prior to issuance of a building permit, the applicant shall record a deed restriction, in
a form subject to the approval of the City Attorney, ensuring that 39 units (13 very
low, 6 low and 20 moderate) in the project are only rented to the appropriate income
households for a period of 55 years. The affordable unit mix shall be consistent with
the overall project and not be all one type.
10. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or
its agents, officers, or employees to attack, set aside, void, or annul the approval by
the City of this project, and all actions relating thereto, including but not limited to
environmental review (“Indemnified Claims”). The City shall promptly notify the
applicant of any Indemnified Claim upon being presented with the Indemnified
Claim, and City shall fully cooperate in the defense against an Indemnified Claim.
Upon motion of ______________________, seconded by ________________, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 5th day of February, 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
_____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________________
J. Christine Dietrick
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington, City Clerk
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Exhibit A
650 Tank Farm Road General Plan Amendment Map
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O ______
ORDINANCE NO. ______ (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, REZONING PROPERTY AT 650
TANK FARM ROAD FROM BUSINESS PARK (BP-SP) AND
MEDIUM-DENSITY RESIDENTIAL (R-2-SP) TO SERVICE
COMMERCIAL (C-S-SP) AND M AKING AS S O CIATE D
AM ENDM ENTS TO TH E AIRPORT AREA SPECIFIC PLAN
TO BE CONSISTENT WITH THE 650 TANK FARM MIXED -USE
PROJECT CONCEPTUAL DEVELOPMENT PLAN AND
WITH THE GENERAL PLAN AS AMENDED
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on December 12, 2018, and recommended amendments to the Airport Area Specific
Plan (AASP) including a revision to the City’s Zoning Map and associated text amendments
(Exhibits 1 and 2, attached) consistent with the 650 Tank Farm Mixed-Use Project as part of the
entitlement process for the project (GENP-1065-2017 and SPEC-0398-2017); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street , San Luis Obispo, California,
on February 5, 201 9 , for the purpose of approving the rezone and text amendments to the
AASP ; and
WHEREA S, the City Council finds that the proposed amendments are consistent with
the General Plan as amended (related to the 650 Tank Farm Mixed-Use project), the purposes
of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative
Declaration for the project (SCH #2018111054) that addressed impacts related to the AASP
amendments including the rezone at its public hearing of February 5, 2019 ; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the
testimony of the applicant , interested parties , and the evaluation and recommendations by
staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED , by the City Council of the City of
San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby finds that this
action has been environmentally reviewed pursuant to the provisions of the California
Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA"), the
State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and
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the City's local standards. The City prepared an Initial Study/Mitigated Negative Declaration
and, based on information contained in the initial study, concluded that there was not
substantial evidence, in light of the whole record, that the project as mitigated would have a
significant impact on the environment. The City adopted the Initial Study-Mitigated Negative
Declaration on February 5, 2019, pursuant to Resolution No. #### (2019 Series), made certain
CEQA findings, and adopted a Mitigation and Monitoring Program. Resolution No. #### (2019
Series) is incorporated herein by this reference, and part hereof as if fully set forth herein.
SECTION 2. Findings. Based upon all evidence, the City Council makes the
following findings:
a) The rezone and associated text amendments to the AASP allow the implementation
of the 650 Tank Farm Mixed-Use Project by rezoning the site to be consistent
with the General Plan as amended.
b) The rezone and associated text amendments are consistent with General Plan Land
Use Element policies and map as amended related to 650 Tank Farm Road Project,
including the land uses and conceptual development envisioned for the area for
following reasons: 1) The rezone and text amendments would facilitate the General
Plan Land Use map as amended and reflect General Plan development parameters
for the area; and 2) the rezone and text amendments would facilitate appropriate infill
development and construction of additional housing including affordable housing to
meet City housing goals and better balance jobs and housing opportunities.
c) An adopted Initial Study/Mitigated Negative Declaration for the project considered
and provided appropriate mitigation measures for the project as envisioned that are
consistent with the rezone and text amendments.
d) The rezone and text amendments will not create non-conforming uses at the site
because any existing uses that remain on site would be allowed under the new zoning .
SECTION 3 . Action. The City Council of San Luis Obispo hereby 1) approves the
rezone and land use map amendment as shown in attached “Exhibit 1”, which is consistent
with the land use designations included in the General Pl an as amended, and 2) approves
amendment s of the text of the Airport Area Specific Plan attached hereto marked “Exhibit 2” and
included herein by reference to be modified as follows: a) to update the build-out statistics in
Table 4.1, b) to include a discussion of the commercial and residential mixed -use redevelopment
at the 650 Tank Farm Road site in the narrative of Sub-Section 4.2.2 Service Commercial, and c)
to delete the discussion related to the mobile home park in the narrative of Sub-Section 4.2.6
Medium Density Residential.
SECTION 4 . Severabilit y. If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether any portion of the Ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This ordinance
shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 5th day of February 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on ____ day of _____________, 2019, on the following
vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, this ____ day of _________________, 2019.
Teresa Purrington
City Clerk
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Exhibit 1. Amended Land Use Map and Rezoning Map
The portion of Figure 4-1 (Land Use Designations) in the Airport Area Specific Plan that
shows the 650 Tank Farm Road project area is amended as follows.
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The portion of Figure 4-4 (Zoning Designations) in the Airport Area Specific Plan that
shows the 650 Tank Farm Road project area is amended as follows.
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Exhibit 2. 650 Tank Farm Road Text Amendment s to the Airport Area Specific Plan
Table 4.1
San Luis Obispo Airport Area Specific Plan
Land Use Program and Development Capacities
Residential Land Use
Designations
Acres Units
Per Acre
Estimated Dwelling
Units
Undeveloped Land1
Low Density 12.8 7.9 101
Medium Density 27.320.5 10.9 297223
Medium-High/High Density 15.2 21.2 322
Subtotal 55.3 720
Developed Land (Existing
Mobile Homes)
6.7 4.8 32
Total Residential Property 62.055.2 752678
Non-Residential Land
Use Designations
Acres Floor
Area
Ratio
(F.A.R.)
Estimated Building
Square Feet
Undeveloped Land
Neighborhood Commercial 8.4 0.31 115,000
Business Park 129.8126.6 0.20 1,110,4831,102,939
Service Commercial 144.9155.0 0.24 1,545,3741,620,432
Manufacturing 101.3 0.17 747,642
Subtotal 384.4 3,518,4993,586,013
Developed Land 145.2 0.28 1,786,745
Total Non-Residential
Property
529.6 5,305,2445,372,758
Other Land Use Designations Acres
Agriculture 76.1
Conservation/Open
Space/Parks
294.9
Government 292.5
Total Other Property 663.5
Total AASP Acreage2 1,255.1
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1 The total potential square footage (and associated acreage) includes future
development on properties currently under pre-annexation agreements and properties
outside of the City’s jurisdiction with alternative fee programs. Since these properties
may not be required to pay their fair share of infrastructure costs, the difference will
need to be funded by other funding sources (e.g., grants, additional City cont ributions,
etc.).
2 Excludes acreage associated with roads, setbacks, creeks, and other features.
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4.2.2 Service Commercial
Areas designated Service Commercial are generally for storage, transportation, and
wholesaling type uses, as well as certain retail sales and business services that may be
less appropriate in other commercial designations. Refer to Table 4.3 for specific uses
permitted on land designated Service Commercial.
The redevelopment of the site of the Hidden Hills Mobilodge Mobile Home Park and
recreational vehicle storage at 650 Tank Farm Road shall be limited to a commercial and
residential mixed-use development with a predominantly residential component.
4.2.6 Medium Density Residential (R-2)
The Medium-Density Residential designation is for the mobile home park that was
established before preparation of this specific plan, and the new housing in Avila Ranch.
Development of R-2 units in the Avila Ranch area will be primarily 4-pack, 6-pack and
cluster units that will create small lot detached single family units. Total R -2
development in the Avila Ranch area is projected to be approximately 300 to 310
dwelling units on 34 acres, with maximum potential development of 12 units per net acre
pursuant to SLO Zoning Code Chapter 17.26. The R-2 units may be in several different
configurations, and development shall comply with the desig n standards in the Avila
Ranch Development Plan. The R-2 portions of the project will be oriented to provide
small-lot housing with housing sizes and corresponding initial sales prices aimed at those
families with incomes equal to 120 percent to 160 percent of City Median Household
income. See Policy 4.2.12.
The mobile home park may be retained as a conforming use, however, further
development of the site is not permitted by the Airport Land Use Plan. On-site buildings
may be replaced with similar resident ial development and the property can be subdivided
to allow resident ownership as long as residential density is not increased.
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Hidden Hills Mobilodge Mobile Home Park
650 Tank Farm Road
Conversion Impact Report
Insert photo
Prepared by RRM Design Group
For: Agera Grove Investments, LLC
March 2018
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Table of Contents
Page No.
1.Situation 1
2.Purpose of Conversion Impact Report 4
3.Proposed Project Description 5
4.Recent Property Purchase 7
5.Mobile Home Park Information 8
6.Relocation Benefits Provided 9
List of Figures:
Figure 1 - Location Map 2
Figure 2 – Existing Site 3
Figure 3 - Broad Street Corridor Zoning Map 6
Figure 4 - Park Purchase Timeline 7
List of Tables:
Table 1 – General Site Information 8
Table 2 – Mobile Homes Information 8
Table 3 – Settlement Summary 9
Attachments:
A. Legal Description
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1 Situation
The 12.75-acre project site is located at 650 Tank Farm Road on the north side of Tank Farm
Road, just west of Broad Street and is part of the Airport Area Specific Plan (see Figure A1). The
site currently has three different zoning categories applied to it. The northern 3.35 acres is
zoned Business Park (BP-SP) and the southern 6.85 acres is zoned Medium Density Residential
(R-2-SP). The 2.65-acre remainder of the 12.75-acre site is zoned Conservation Open Space
(C/OS-SP) and includes the site’s two creek corridors.
The R-2 portion of the site has been developed for several decades with a Mobile Home Park
known as Hidden Hills Mobilodge containing 35 coaches. The Business Park (BP) portion of the
site to the north has been used as a RV storage yard known as Lazy Acres RV Storage (see Figure
A2 showing existing site development).
The Applicant, Agera Grove Investments, LLC (hereinafter referred to as “The Applicant”)
acquired title to the property at 650 Tank Farm Road on September 19, 2016. Concurrent with
obtaining ownership of the site, the Applicant negotiated with owners of 13 of the 35 on-site
coaches to purchase them and to provide a variety of relocation benefits to those owners that
fit their preferences and goals. The other 22 coaches were owned by the park and acquired
through the property sale and negotiations with the prior owner. At the time of the Applicant’s
acquisition of the property, 14 of the 22 park-owned coaches were occupied by tenants on
month-to-month leases. The remaining 13 coaches were unoccupied and have remained
unoccupied.
The details on the prior ownership of the mobile homes in provided in Table 2 which is in
Section 5 of this report.
In March of 2017, the Applicant submitted applications for City entitlements to initiate requests
to amend the City’s General Plan Land Use Map and the Airport Area Specific Plan to
accommodate the development of a mixed-use project under the Service-Commercial (C-S)
zoning category. As part of the City’s completeness review for entitlements, the Applicant was
instructed to prepare a mobile home park conversion impact report to document efforts to
purchase coaches from previous mobile home owners and provide them with relocation
benefits.
Consistent with the requirements for the content of a conversion impact report contained in
Municipal Code Section 5.45.060, the subject report has been prepared for the City of San Luis
Obispo’s review and consideration. The report is intended to be part of a larger package of
research and project information for City decisionmakers to consider along with proposed
project entitlements.
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Conversion Impact Report Page 3
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2 Purpose of Conversion Impact Report
Mobile home parks are commonly viewed as a housing prototype that is more affordable. This
is especially the case with older mobile home parks where the housing stock may be several
decades old and not of the highest quality. The City of San Luis Obispo recognized that these
sites are often targeted for redevelopment and created regulations to help protect the rights of
residents consistent with directives included in State planning and subdivision laws.
City of San Luis Obispo Municipal Code Chapter 5.45 is entitled Mobile Home Park Conversion
and provides a process and review standards for sites that wish to discontinue the mobile home
park use and redevelop the site with other land uses. The purpose of the regulations is to
protect residents from being displaced from their relatively affordable housing situation
without assistance to alternative living arrangements. The City Council adopted Ordinance No.
1533 on July 7, 2009 to add Chapter 5.45 to the City’s Municipal Code. The ordinance includes
language that “the City desires that residents of Mobile Home Parks who are displaced by park
closures or conversions are provided relocation assistance sufficient to mitigate the negative
impacts that would result from the closure or conversion of a Mobile Home Park.”
With these directives in mind, the City requested the applicant to prepare a customized
Conversion Impact Report to document the process that had already occurred, rather than to
describe a future program.
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3 Proposed Project Description
The Applicant would like to rezone the developable portions of the 12.75-acre site from the
present Medium-Density Residential (R-2-SP) and Business Park (BP-SP) to Service-Commercial
(C-S-SP) and develop a mixed-use project. A General Plan Amendment would accompany the
Rezoning request so that the City’s Land Use Element and Zoning Maps are consistent with one
another. In addition, an Amendment to the Airport Area Specific Plan is required to amend the
zoning shown for the site and to modify the text to allow additional development potential for
the site to accommodate the planned project. These entitlements require an Initial Study of
Environmental Impact to be conducted and City Council adoption of a Mitigated Negative
Declaration.
The site is located on the north side of Tank Farm Road, just west of Broad Street. Figure 3
shows the project site in relationship to surrounding properties in the Broad Street Corridor; it
demonstrates how the proposed Service-Commercial (C-S) zoning category creates a consistent
land use pattern and accommodates the proposed mixed-use project.
Conceptual site and floor plans have been developed which show how the site could potentially
be developed with a mixed-use project that includes 17,500 square feet of commercial space
near Tank Farm Road and 249 residential units. Once decisions are made on the proposed
General Plan and Specific Plan Amendments and associated Rezoning request, the Applicant
would then refine their development proposal and submit plans for final design approval by the
Architectural Review Commission.
Housing Element Policy 3.2 discourages the removal of affordable housing unless it achieves
general plan objectives and provides for an equivalent number of replacement housing units, of
comparable or better affordability, and with better amenities to those being replaced.
Therefore, the proposed project will provide a sizeable affordable housing component of at
least 35 units that are deed-restricted to low or moderate-income households. The new units
will meet all current building code requirements including increased energy efficiency, and
there will be on-site amenities such as recreation features and businesses for residents that
greatly exceeds existing improvements.
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4 Recent Property Purchase
The R-2 portion of the site has been developed since 1961 with a Mobile Home Park known as
Hidden Hills Mobilodge containing 35 coaches. The original development occurred when the
property was located under County jurisdiction many decades ago. With the annexation of the
airport area in recent years to the City and increased urbanization of the surrounding area, the
mobile home park is a remnant of a more rural, rather than urban development pattern.
Agera Grove Investments, LLC, acquired title to the property on September 19, 2016. Prior to
that, the prior owners were Hoffman Hidden Hills LLC, and Bloomquist Hidden Hills LLC, each
with an undivided one-half (1/2) interest, as tenants-in-common, and had owned the property
for the past five years. At the time that the Applicant obtained title to the property, purchase
agreements had been made for 100% of the on-site mobile homes.
The appraisal report 1 for the 13 mobile homes that were individually owned noted that the
selling price for the land purchase included park-owned units on site (17). The sale of the 13
privately owned mobile homes was through separate individual transactions. The Applicant also
purchased 5 mobile homes separately from the land owned by the seller Hoffman Trust.
Figure 4 – Park Purchase Timeline
1 Appraisal Report of 13 Mobile Homes in Pace at Hidden Hills Mobiliolodge by Schenberger, Taylor, McCormick
and Jecker, Inc. dated September 2016
a.January 24,
2016 -
b.Made offer
on property.
a.February 16,
2016 -
b.Entered
escrow.
Feb.- Sept.
2016 -
Negotiated
purchase of
privately
owned coaches
(13) and
Hoffman
coaches (5).
September 19,
2016 -
Closed on
property &
100% of mobile
homes
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5 Mobile Home Park Information
Table 1: General Site Information
Address 650 Tank Farm Road
Assessor’s Parcel Number 053-421-05
Parcel Size 12.75 acres
Owner Name Agera Grove Investments, LLC
Owner Address 9201 Camino Media, Suite 120
Bakersfield, CA. 93311
Total Number of Spaces 35
Table 2: Mobile Homes Information
Mobile Home
Type
Addresses Totals Rental Rates
Park-Owned 23A, 23B, 23C, 24B, 24C, 25C, 25D, 26C,
26D, 27, 29B, 30A, 30D, 32A, 32B, 32C, 33
17
$750-$950/month
Hoffman Trust 24D, 25B, 29A, 31A, 31C 5 $750-$950/month
Self-Owned &
Owner Occupied
24A, 28, 30B, 30C, 31B, 31D, 32D, 7 $217-$435/month
Self-Owned &
Tenant Occupied
23D, 25A, 26A, 26B, 29C, 29D 6 $217-$435/month
6
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Relocation Benefits Provided
As mentioned, Agera Grove, Investments, LLC separately negotiated with 13 individuals who
owned their own mobile homes within the park to purchase their coaches. The closing date for
all these purchases occurred on September 16, 2016. As shown in Table 3 below, the
negotiated prices for the mobile homes was a range of 163% to 299% of the appraised values.
This differential constitutes the relocation benefits provided for these owners.
This table also shows the age of the mobile homes, which are 36 to 54 years old, and toward
the end of their effective life cycles. This provides further justification for the development of
the proposed project, which will result in a greater number of modern housing units that
provide more efficient and comfortable living conditions for residents.
Table 3 – Settlement Summary
Unit
#
Age Purchase Price Appraisal Amount Paid in
Excess of
Appraisal
Purchase
Price as a %
of Appraisal
Value
23D 1978 $85,000 $52,000 $33,000 163%
24A 1980 $85,000 $34,000 $51,000 250%
25A 1964 $55,000 $29,000 $26,000 190%
26A 1978 $149,500 $50,000 $99,500 299%
26B 1979 $112,000 $68,000 $44,000 165%
28 1966 $85,000 $40,000 $45,000 213%
29C 1970 $75,000 $34,000 $41,000 221%
29D 1967 $75,750 $44,000 $31,750 172%
30B 1979 $149,500 $59,000 $90,500 253%
30C 1970 $85,000 $47,000 $38,000 181%
31B 1970 $95,900 $50,000 $45,900 192%
31D 1982 $154,500 $75,000 $79,500 206%
32D 1982 $149,500 $68,000 $81,500 220%
With the ownership change, a total of 19 coaches were occupied at closing, of which 14
coaches were tenant-occupied and 5 coaches were owner-occupied. The 14 tenants in park-
owned coaches were allowed to remain under month to month lease agreements. The
applicant will provide these tenants with the right of first refusal to occupy new affordable units
in the project once they are constructed.
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Item 14
Affordable Housing Proposal for the
650 Tank Farm Road Project
Dated 12-17-18
APPLICANT: Agera Grove Investments, LLC
REPRESENTATIVE: RRM Design Group
ADDRESS: 650 Tank Farm Road
PROJECT DESCRIPTION: 17,500 square feet of commercial floor space and 249 residential
units on 10.1 acres
INCLUSIONARY HOUSING CALCULATIONS:
City Inclusionary Requirements: 3% low or 5% moderate
Low Income Units: 249 x .03 = 7.47
Moderate income Units: 249 x .05 = 12.45
Project Density: 207 units/10.1 net acres = 20.5 units/acre
Average Unit Size: 849 square feet (<1,100 sf threshold in Table2A for 12-23.99 density range) – details
on Page 2
Inclusionary Housing Adjustment Factor (Residential): 0 – minimum of 1
Inclusionary Housing Requirement (Commercial): 1.5 acres x 2 = 3
Total Inclusionary Housing Requirement: 4 moderate-income units
Affordable Housing Proposal 1
Category Number of Units
Very Low Income 13
Moderate Income 9
Workforce 17
TOTAL 39
1 Includes replacement of 35 mobile home units based on tenancy types per attached schedule, plus 4 moderate
Inclusionary units.
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650 Tank Farm Inclusionary Housing Proposal
Page 2
Residential – Average Size Estimates
Unit Type Unit Numbers Average Size Floor Area Totals
Studio/1-bdrm (<600sf) 50 450 22,500
1 bdrm (601-1,000sf) 50 800 40,000
2 bdrm 149 1,000 149,000
TOTAL 249 211,500
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AGERA GROVE INVESTMENTS, LLC
Settlement Summary as of September 2016
Unit
Date Built/
First Sold
Ownership & Occupancy Status at Acquisition as of
September 2016 Purchase Price Appraisal
Amount Paid
in Excess of
Appraisal
Purchase Price
as a % of
Appraisal Value
# bed-
rooms
Tenant
Rental Rate
Per Month
Replacement
Affordability
Type
30A 1/1/1977 Park Owned - Tenant Occupied - Month to Month $29,000.00 N/A*1 750.00$ very low
25D 1/1/1970 Park Owned - Tenant Occupied - Month to Month $32,000.00 N/A*2 800.00$ very low
26D 1/1/1968 Park Owned - Tenant Occupied - Month to Month $26,000.00 N/A*2 725.00$ very low
27 1/1/1963 Park Owned - Tenant Occupied - Month to Month $29,000.00 N/A*1 700.00$ very low
30D 1/1/1961 Park Owned - Tenant Occupied - Month to Month $19,000.00 N/A*2 750.00$ very low
32A 1/1/1970 Park Owned - Tenant Occupied - Month to Month $30,000.00 N/A*2 750.00$ very low
24B 1/1/1978 Park Owned - Tenant Occupied - Month to Month $30,000.00 N/A*1 750.00$ very low
29B 1/1/1978 Park Owned - Tenant Occupied - Month to Month $33,000.00 N/A*1 750.00$ very low
33 1/1/1960 Park Owned - Tenant Occupied - Month to Month $30,000.00 N/A*1 750.00$ very low
31A 1/1/1971 Park Owned - Tenant Occupied - Month to Month $26,000.00 $26,000.00 $0.00 100% 1 750.00$ very low
26C 1/1/1970 Park Owned - Tenant Occupied - Month to Month $30,000.00 N/A*1 825.00$ very low
32B 1/1/1980 Park Owned - Tenant Occupied - Month to Month $61,000.00 N/A*2 875.00$ very low
24C 1/1/1979 Park Owned - Tenant Occupied - Month to Month $60,000.00 N/A*2 825.00$ very low
23A 6/8/1982 Park Owned - Vacant $30,000.00 N/A*1 moderate
23B 1/1/1965 Park Owned - Vacant $31,000.00 N/A*2 moderate
23C 1/1/1966 Park Owned - Vacant $25,000.00 N/A*2 moderate
25C 1/1/1971 Park Owned - Vacant $30,000.00 N/A*1 moderate
32C 1/1/1972 Park Owned - Vacant $30,000.00 N/A*2 moderate
29A 1/1/1977 Park Owned - Vacant $45,000.00 $45,000.00 $0.00 100% 2 work force
31C 1/1/1977 Park Owned - Vacant $40,000.00 $40,000.00 $0.00 100% 2 work force
24D 1/1/1968 Park Owned - Vacant $28,000.00 $28,000.00 $0.00 100% 2 work force
25B 1/1/1970 Park Owned - Vacant $35,000.00 $35,000.00 $0.00 100% 2 work force
29C 1/1/1968 Owner Occupied $75,000.00 $34,000.00 $41,000.00 221% 1 work force
23D 3/22/1978 Owner Occupied $85,000.00 $52,000.00 $33,000.00 163% 2 work force
24A 1/1/1980 Owner Occupied $85,000.00 $34,000.00 $51,000.00 250% 1 work force
25A 1/1/1964 Owner Occupied $55,000.00 $29,000.00 $26,000.00 190% 1 work force
26A 3/30/1987 Owner Occupied $149,500.00 $50,000.00 $99,500.00 299% 2 work force
26B 3/8/1979 Owner Occupied $112,000.00 $68,000.00 $44,000.00 165% 2 work force
28 1/1/1966 Owner Occupied $85,000.00 $40,000.00 $45,000.00 213% 2 work force
29D 1/1/1967 Owner Occupied $75,750.00 $44,000.00 $31,750.00 172% 2 work force
30B 1/1/1979 Owner Occupied $149,500.00 $59,000.00 $90,500.00 253% 2 work force
30C 11/15/1982 Owner Occupied $85,000.00 $47,000.00 $38,000.00 181% 2 work force
31B 1/1/1970 Owner Occupied $95,900.00 $50,000.00 $45,900.00 192% 2 work force
31D 6/11/1982 Owner Occupied $154,500.00 $75,000.00 $79,500.00 206% 2 work force
32D 5/31/1988 Owner Occupied $149,500.00 $68,000.00 $81,500.00 220% 2 work force
N/A N/A Additional Inclusionary Unit N/A N/A N/A N/A 1 moderate
N/A N/A Additional Inclusionary Unit N/A N/A N/A N/A 1 moderate
N/A N/A Additional Inclusionary Unit N/A N/A N/A N/A 1 moderate
N/A N/A Additional Inclusionary Unit N/A N/A N/A N/A 1 moderate
Total Very Low Affordable Units 13
Total Moderate Units 9
Total Workforce Units 17
Total Units 39
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RESOLUTION NO. PC-1017-2018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNICL ADOPT
THE GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT
AND REZONE, AND A MOBILE HOME PARK CONVERSION
INCLUDING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING
COMMISSION AGENDA REPORT AND ATTACHMENTS DATED
DECEMBER 12, 2018 (650 TANK FARM ROAD; EID-1066-2017, SPEC-
0398-2017, & GENP-1065-2017)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on December 12, 2018, for the purpose of considering a General Plan Amendment
(GENP-1065-2017), Specific Plan Amendment and Rezone (SPEC-0398-2017) and a Mobile
Home Park Conversion Impact Report for the property located at 650 Tank Farm Road to
facilitate a mixed use project; and
WHEREAS, notice of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the
City of San Luis Obispo as follows:
SECTION 1. findings . The Planning Commission does hereby recommend the City
Council approve the proposed project (GENP-1065-2017 & SPEC-0398-2017) that includes a
General Plan Amendment, Specific Plan Amendment and Rezone, and a Mobile Home Park
Conversion based on the following findings:
General Plan Amendment, Airport Area Specific Plan Amendment, and Rezone 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 provides
additional housing opportunities at a location close to major employers and multi-modal
transportation facilities; LUE Policy 2.2.6 and 2.2.7, which promote quality
neighborhoods and infill development, because the project is located within walking
distance to MindBody Headquarters, SESLOC, other nearby employers as well as retail
uses and other services of the Marigold Shopping Center; and Circulation Element
policies 3.1.7 Transit Service Access, 4.1.1 Bicycle Use, and 5.1.2 Sidewalks and Paths,
because SLO Transit Routes 1 and 3 provide service to the project site area and because
the project would provide improvements to bicyclist and pedestrian facilities in the
project area. The AASP as amended is also consistent with all other applicable General
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Plan policies, as described and analyzed in Section 5 .1 of the December 12, 2018 staff
report to the Planning Commission for this project.
2. The General Plan Amendment, AASP Amendment and Rezone allow for the
implementation of a Mixed-Use Project at 650 Tank Farm by:
• Updating the City's General Plan and AASP land use maps to reflect the
development anticipated in the 650 Tank Farm Road Mixed-Use Project
Conceptual Development Plan.
3. The site is physically suited for the type and density allowed in the Service Commercial
with the Specific Plan overlay (C-S-SP) zoning district.
4. On November 16, 2018, the County of San Luis Obispo Airport Land Use Commission
found the proposed project to be consistent with the Airport Land Use Plan.
5. The proposed specific plan revision and rezone, will not conflict with easements for
access through the property.
6. The proposed project will facilitate the development of affordable housing consistent
with the intent of California Government Code §65915, and in compliance with City
policies and the Housing Element.
7. The proposed project is consistent with Land Use Element Policy 2.3.6 "Housing and
Businesses" and 3.8.5 "Mixed Uses" because future development facilitated by the
proposed project would provide residential dwellings within a commercial district near
neighborhood commercial centers, major activity nodes and transit opportunities.
Housing at this location is compatible with proposed and existing commercial and
residential uses on adjacent properties.
8. The proposed project is consistent with the allowable and conditional uses set forth in
Section 4.3 Land Use Policies and Table 4.3 of the Airport Area Specific Plan because:
L The Service Commercial with the Specific Plan overlay (C-S-SP) zone allows
mixed-use projects;
IL The project's conceptual design protects public health, safety, and welfare, with
subsequent development facilitated by the rezone subject to the required
architectural review process; and
111. Mixed-use development facilitated by the proposed project provides greater
public benefits than a single-use development of the site because it provides
needed housing, it is located along a major transit, bike, and pedestrian corridor,
and is in close proximity of workplaces, schools, health facilities, and services.
Mobile Home Park Mobil e Co nvers ion Imp act Report
9. In accordance with Chapter 5.45 of the Municipal Code, a Mobile Home Park
Conversion Impact Report was prepared which contains reasonable measures to mitigate
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the adverse impacts of the mobile home park conversion on affected mobile home owners
and residents.
10. In in accordance with Section 5.45.070 of the Municipal Code, a duly-noticed public
hearing was held regarding the proposed mobile home park conversion, and at this
hearing, testimony from all interested parties was heard and considered.
11. The proposed conversion impact report contains reasonable measures to mitigate the
adverse impacts of the mobile home park conversion on affected mobile home owners
and residents because it outlines the how mobile homes have been purchased and covered
all reasonable costs of relocation for the resident tenants.
SECTION 2. Environmental Review. The Planning Commission recommends the City
Council adopt the proposed Mitigated Negative Declaration of Environmental Impact that finds
that with the incorporation of the following mitigation measures and the mitigation monitoring
program, environmental impacts will be less than significant: following CEQA findings in
support of the project:
Air Quality Mitigation
Mitigation Measure AQ-1. The applicant shall define and incorporate into project design at
least four of the following standard emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook (Table 3-5):
• Provide a pedestrian friendly and interconnected streetscape with good access to/from the
development for pedestrians, bicyclists, and transit users to make alternative
transportation more convenient, comfortable, and safe.
• Provide shade over 50% of parking spaces to reduce evaporative emissions from parked
vehicles.
• Incorporate traffic calming modification into project roads to reduce vehicle speeds and
increase pedestrian and bicycle usage and safety.
• Work with SLOCOG to create, improve, or expand a nearby 'Park and Ride' lot with car
parking and bike lockers in proportion to the size of the project.
• Exceed Cal Green standards by 25% for providing on-site bicycle parking: both short
term racks and long-term lockers, or a locked room with standard racks and access
limited to bicyclists only.
• Provide improved public transit amenities (covered transit turnouts, direct pedestrian
access, bicycle racks, covered bench, smart signage, route information displays, lighting,
etc.)
• Provide bicycle-share program for development.
• Provide dedicated parking for carpools, vanpools, and/or high-efficiency vehicles to meet
or exceed Cal Green Tier 2.
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Mitigation Measure AQ-2. The applicant shall implement the following dust control measures
so as to reduce PM10 emissions in accordance with SLOAPCD requirements.
• Reduce the amount of the disturbed area where possible;
• Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water
shall be used whenever possible;
• All dirt stock pile areas shall be sprayed daily as needed;
• Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any
soil disturbing activities;
• Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive grass seed and
watered until vegetation is established;
• All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the
SLOAPCD;
• All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114;
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible;
Mitigation Measure AQ-3. The following standard air quality mitigation measures shall be
implemented during construction activities at the project site:
• Maintain all construction equipment in proper tune according to manufacturer's
specifications;
•. Fuel all off-road and portable diesel-powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
• Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-
road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
• Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard
for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;
• Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g. captive or NOx
exempt area fleets) may be eligible by proving alternative compliance;
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• All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas and or job sites to remind drivers and operators
of the 5-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors is not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
• Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel.
~ AQ-1, AQ-2, and AQ-3 Monitoring Program: The Community Development Department
shall verify compliance prior to issuance of grading or construction permits. The contractor
or builder shall designate a person or persons to monitor fugitive dust emissions as necessary
during construction to minimize dust complaints, reduce visible emissions below 20 percent
opacity, and to prevent transport of dust offsite. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and telephone number of
such persons shall be provided to the SLOAPCD Compliance Division prior to the start of
any grading, earthwork or demolition. The Community Development Department shall site
inspect to ensure construction activities are completed in accordance with approved plans,
and development is in accordance with approved plans prior to occupancy clearance.
Community Development staff shall verify installation of operational emissions reduction
measures in accordance with approved building plans.
Biological Resourc es Mitigation
Mitigation Measure BIO-l(a). Prior to the start of vegetation management activities on the
project site, or prior to the start of any construction activity within potential off-site improvement
areas, the developer shall ensure an approved biologist conducts surveys for special status plant
species throughout suitable habitat. Surveys shall be conducted when plants with potential to
occur are in a phenological stage conducive to positive identification (i.e., usually during the
blooming period for the species), a qualified biologist shall conduct surveys for special status
plant species throughout suitable habitat within all potential vegetation management areas.
Reference sites must be visited prior to botanical surveys to confirm target species are detectable.
Valid botanical surveys will be considered current for up to five years; if construction has not
commenced within five years of the most recent survey, botanical surveys must be repeated.
Mitigation Measure BIO-l(b). If special status plant species are discovered within the project
site or potential off-site improvement areas, an approved biologist shall flag and fence these
locations before construction activities start to avoid impacts. During vegetation management
activities, any special status plants identified during the survey must be flagged for avoidance.
Mitigation Measure BIO-l(c). If avoidance is not feasible; all impacts shall be mitigated at a
minimum ratio of 2:1 (number of acres or individuals restored to number of acres or individuals
impacted) for each species as a component of habitat restoration. A qualified biologist shall
prepare and submit a restoration plan to the City for approval. The approved Plan shall be
implemented by the applicant with the City verifying that the success criteria have been met. The
restoration plan shall include, at a minimum, the following components:
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• Description of the project/impact site (i.e., location, responsible parties, areas to be
impacted by habitat type);
• Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be
established, restored, enhanced, and/or preserved; specific functions and values of habitat
type(s) to be established, restored, enhanced, and/or preserved];
• Description of the proposed compensatory mitigation site (location and size, ownership
status, existing functions and values);
• Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan
[including species to be used, container sizes, seeding rates, etc.]);
• Maintenance activities during the monitoring period, including weed removal and
irrigation as appropriate (activities, responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site, including no less than quarterly
monitoring for the first year, along with performance standards, target functions and
values, target acreages to be established, restored, enhanced, and/or preserved, and annual
IIlonitoring reports to be submitted to the City for a minimum of five years at which time
the applicant shall demonstrate that performance standards/success criteria have been
met;
• Success criteria based on the goals and measurable objectives; said criteria to be, at a
minimum, at least 80% survival of container plants and 30% relative cover by vegetation
type;
• An adaptive management program and remedial measures to address any shortcomings in
meeting success criteria;
• Notification of completion of compensatory mitigation and agency confirmation; and
• Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism).
Mitigation Measure BI0-2(a). The following Best Management Practices (BMPs) shall be
implemented for project construction activities within the work area.
• No pets or firearms shall be allowed at the project site during construction activities.
• All trash that may attract predators must be properly contained and removed from the
work site. All such debris and waste shall be picked up daily and properly disposed of at
an appropriate site.
• All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50
feet from defined edges of riparian and wetland vegetation, and Acacia Creek and Orcutt
Creek and in a location where a spill would not drain toward aquatic habitat. A plan must
be in place for prompt and effective response to any accidental spills prior to the onset of
work activities. All workers shall be informed of the appropriate measures to take should
an accidental spill occur.
• Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should material spills occur, materials and/or contaminants shall be cleaned
from the project site and recycled or disposed of to the satisfaction of the Regional Water
Quality Control Board.
• Prior to construction activities within 30 feet of potentially jurisdictional features,
including Acacia Creek and Orcutt Creek, the drainage features shall be fenced with
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orange construction fencing and signed to prohibit entry of construction equipment and
personnel unless authorized by the City. Fencing should be located a minimum of 30 feet
from the edge of the riparian canopy or top of bank and shall be maintained throughout
the construction period for each phase of development. Once all phases of construction in
this area are complete, the fencing may be removed.
• Erosion control and landscaping specifications allow only natural-fiber, biodegradable
meshes and coir rolls, to prevent impacts to the environment and to fish and terrestrial
wildlife.
• All vehicles and equipment shall be in good working condition and free of leaks.
• Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid
impacts to nocturnal and crepuscular (dawn and dusk activity period) species.
• Concrete truck and tool washout shall be limited to locations designated by a qualified
biologist or a Qualified Storm-water Practitioner such that no runoff will reach Acacia
Creek or Orcutt Creek.
• All open trenches shall be constructed with appropriate exit ramps to allow species that
accidentally fall into a trench to escape. Trenches will remain open for the shortest period
necessary to complete required work.
• No water will be impounded in a manner to attract sensitive species.
Mitigation Measure BI0-2(b). Prior to the initiation of construction activities (including
staging and mobilization), all personnel associated with project construction shall attend a
Worker Environmental Awareness Program (WEAP) training. The training shall be conducted
by a qualified biologist, to aid workers in recognizing special status resources that may occur in
the project area. The specifics of this program shall include identification of the sensitive species
and habitats, a description of the regulatory status and general ecological characteristics of
sensitive resources, and review of the limits of construction and avoidance measures required to
reduce impacts to biological resources within the work area. A fact sheet conveying this
information shall also be prepared for distribution to all contractors, their employers, and other
personnel involved with construction of the project. All employees shall sign a form provided by
the trainer documenting they have attended the training.
Mitigation Measure BI0-2(c). The following shall be implemented to avoid and minimize
potential impacts to California Red-legged Frog.
• A pre-construction survey of the proposed disturbance footprint (within the project site or
potential off-site improvement areas) for California red-legged frog shall be conducted by
a qualified biologist within 48 hours prior to the start of project construction to confirm
this species is not present in the work area.
• In the e"'.ent the pre-construction survey identifies the presence of individuals of CRLF,
or if individuals of these species are encountered during construction, then the applicant
shall stop work and comply with all relevant requirements of the Federal Endangered
Species Act prior to resuming project activities.
• Only City-and USFWS-approved biologists shall participate in activities associated with
the capture, handling, and monitoring of CRLF.
• If activities occur between November 1 and April 30, the qualified biologist shall conduct
a pre-activity clearance sweep prior to start of project activities on the morning following
any rain events of 0.1 inch or greater.
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Mitigation Measure BI0-2(d). A qualified biologist shall conduct a pre-construction survey
within 48 hours of initial ground disturbing activities associated with any off-site improvements,
including modifications to the existing crossing over Acacia Creek or the development of a new
crossing over Orcutt Creek. The survey area shall include any proposed disturbance area(s) and
all proposed ingress/egress routes. If any of these species are found and individuals may be
injured or killed by work activities, the biologist shall be allowed sufficient time to move them
from the project site before work activities begin. The biologist(s) shall relocate any coast range
newts, two-striped garter snakes, and/or western pond turtles the shortest distance possible to a
location that contains suitable habitat that is not likely to be affected by activities associated with
the project.
Mitigation Measure BI0-2(e). The applicant shall implement the following to avoid and
minimize potential impacts to steelhead.
• Construction associated with the widening of the existing crossing over Acacia Creek
shall be restricted to periods of dry weather from April 16 through October 31, and shall
not be conducted within 48 hours after a rain event of 0.25 inch or greater, or until an
approved biologist confirms there is no longer a chance for flowing water to enter the
work area.
• Widening of the existing crossing shall follow the design standards developed by the City
of San Luis Obispo and shall be developed in a manner that does not impede wildlife
movement.
Mitigation Measure BI0-2(f). The following actions shall be undertaken to avoid and minimize
potential impacts to nesting birds:
• Prior to removal of any trees, a qualified biologist shall conduct a survey for nesting
birds. Should nests be identified, no tree removal shall occur until the young have fledged
from the nest or the nest is no longer considered active, as determined by the biologist.
• Within two weeks prior to the start of construction or vegetation removal, surveys for
nesting birds covered by the California Fish and Game Code and the Migratory Bird
Treaty Act shall be conducted by a qualified biologist. The surveys shall include the
disturbance area plus a 500-foot buffer around the site. If active nests are located, all
construction work shall be conducted outside a buffer zone from the nest to be
determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-
raptor bird species and at least 300 feet for raptor species. Larger buffers may be required
depending upon the status of the nest and the construction activities occurring in the
vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and
equipment until the adults and young are no longer reliant on the nest site. A qualified
biologist shall confirm that breeding/nesting is completed and young have fledged the
nest prior to removal of the buffer.
• To account for most nesting birds, removal of vegetation within suitable nesting bird
habitats should be scheduled to occur in the fall and winter (between September 1 and
February 14), and after the young have fledged.
• If a suspected American bald eagle nest is discovered during the pre-construction survey,
then the applicant shall consult with the City, USFWS, and CDFW regarding appropriate
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nest buffers and nest monitoring. If a nest is discovered with construction underway, a
no-activity buffer a minimum of 660 feet from the nest must be implemented, or as
otherwise directed by CDFW and USFWS, until appropriate authorizations are obtained.
Any subsequent buffer adjustments shall be made in consultation with the City, CDFW
and USFWS and shall rely on monitoring observations and activity at the site. Additional
avoidance measures for special status bird nests such as American bald eagle nests are
often required, and would be developed in consultation with the City, CDFW and
USFWS.
• The Worker Environmental Awareness Program (Mitigation Measure BI0-2(b)) shall
provide good housekeeping practices of equipment and materials that discourage nests
being established within the construction area.
Mitigation Measure 810-2(g). The following actions shall be undertaken to avoid and
minimize potential impacts to roosting bats:
• Prior to issuance of grading permits, a qualified biologist shall conduct a survey of
existing structures within the project site to determine if roosting bats are present. The
survey shall be conducted during the non-breeding season (November through March).
The biologist shall have access to all interior attics, as needed. If a colony of bats is found
roosting in any structure, further surveys shall be conducted sufficient to determine the
species present and the type of roost (day, night, maternity, etc.) If the bats are not part of
an active maternity colony, passive exclusion measures may be implemented, in close
coordination with CDFW. These exclusion measures must include one-way valves that
allow bats to exit the structure but are designed so that the bats may not re-enter the
structure.
• If a bat colony is excluded from the project site, appropriate alternate bat habitat as
determined by a qualified biologist shall be installed on the project site or at an approved
location offsite.
• Prior to removal of any trees, a survey shall be conducted by a qualified biologist to
determine if any of the trees proposed for removal or trimming harbor sensitive bat
species or maternal bat colonies. If a non-maternal roost is found, the qualified biologist,
in close coordination with CDFW shall install one-way valves or other appropriate
passive relocation method. For each occupied roost removed, one bat box or alternate
roost structure shall be installed in similar habitat and should have similar cavity or
crevices properties to those which are removed, including access, ventilation, dimensions,
height above ground, and thermal conditions. Maternal bat colonies may not be disturbed.
~ 810-l(a) to 810-2(g) Monitoring Program: The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the construction period or
as stipulated in the species-or resource-specific mitigation measure and provide monitoring
reports to the City.
Mitigation Measure 810-3. Temporary impact areas shall be restored at a one to one (1: 1) ratio
(one acre of restoration for each acre of impact) to offset temporary losses in wetland, stream, or
riparian function. Permanent impacts on jurisdictional areas shall be offset through creation,
restoration, and/or enhancement of in-kind habitats at a minimum ratio of 2: 1. Permitting
agencies (CDFW, USACE, RWQCB) may require a higher mitigation ratio associated with
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applicable permits. Furthermore, non-native invasive plants (including eucalyptus trees) within
the riparian and wetland habitats and within 35 feet of the edge of these habitats shall be
removed. Any restoration efforts shall include an invasive plant removal element.
A Mitigation and Monitoring Plan is required to outline the approach that will be taken for
restoration and habitat creation or enhancement. Once approved, the applicant will be
responsible for Plan implementation, and the City will verify success of the Plan. The plan shall
be prepared by a qualified restoration ecologist. The plan shall include, but not be limited to the
following components:
• Description of the project/impact site,
• Goal(s) of the compensatory mitigation,
• Description of the proposed compensatory mitigation-site,
• Implementation plan for the compensatory mitigation-site,
• Maintenance activities during the monitoring period,
• Monitoring plan for the compensatory mitigation-site,
• Success criteria and performance standards,
• Reporting requirements, and
• Contingency measures and funding mechanisms.
~ BI0-3 Monitoring Plan: The Environmental Monitor shall monitor environmental
compliance of the construction activities throughout the construction period or as stipulated
in the Mitigation and Monitoring Plan and provide monitoring reports to the City.
Cultural Resources Mitigation
Mitigation Measure CR-2(a). In accordance with the City's Conservation and Open Space
Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets
the Secretary of the Interior's Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation measures related to archaeological
resources.
Monitoring shall involve inspection of subsurface construction disturbance in the immediate
vicinity of known sites, or at locations that may harbor buried resources that were not identified
on the site surface. A Native American monitor shall also be present because the area is a
culturally-sensitive location. The monitor(s) shall be on-site on a full-time basis during
earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities.
Mitigation Measure CR-2(b). If cultural resources are encountered during ground-disturbing
activities, an extended phase I (XPI) testing program, utilizing standard shovel test pits and/or
hand auguring at arbitrary levels, shall be conducted for development activity that would require
ground disturbance within the potential off-site improvement areas, including riparian areas
associated with the Orcutt Creek and Acacia Creek corridors, and in riparian areas immediately
north of the project site.
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If the XPI program identifies subsurface deposits that cannot be avoided by project design, a
Phase II evaluation program shall be prepared to determine whether development would
significantly impact identified resources.
If the Phase II evaluation program identifies identified resources as significant, a Phase III data
recovery program shall be prepared and implemented. The purpose of the Phase III data recovery
program is to recover, analyze, interpret, report, curate, and preserve archaeological data that
would otherwise be destroyed.
The testing and evaluation programs shall be prepared by a qualified archaeologist prior to the
issuance of grading permits, and shall be submitted for review and approval by the City prior to
the approval of grading and construction permits. The qualified archaeologist shall monitor
compliance with testing and evaluation program requirements during implementation of the
testing and evaluation programs.
Mitigation Measure CR-2(c). If cultural resources are encountered during ground-disturbing
activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the
Interior's Professional Qualifications Standards for archaeology (NPS 1983) should be contacted
immediately to evaluate the find. If the discovery proves to be significant under CEQA,
additional work such as data recovery excavation and Native American consultation may be
warranted to mitigate any significant impacts.
> CR-2(a, b and c) Monitoring Plan: The City shall confirm the qualifications of and approve
the applicant's choice of a qualified archaeologist. The City shall inspect the site periodically
during grading and demolition to ensure compliance with this measure. The City shall review
construction plans and periodically inspect project construction to ensure compliance with
these measures.
Mitigation Measure CR-3(a). Prior to the commencement of ground disturbing activities under
the project that are greater than six feet in depth, a qualified professional paleontologist shall be
retained to conduct paleontological monitoring during project ground disturbing activities. The
Qualified Paleontologist (Principal Paleontologist) shall have at least a master's degree or
equivalent work experience in paleontology, shall have knowledge of the local paleontology, and
shall be familiar with paleontological procedures and techniques.
Ground disturbing construction activities (including grading, trenching, drilling with an auger
greater than 3 feet in diameter, and other excavation) within previously undisturbed sediments at
depths greater than six feet shall be monitored on a full-time basis. Monitoring shall be
supervised by the Qualified Paleontologist and shall be conducted by a qualified paleontological
monitor, who is defined as an individual who meets the minimum qualifications per standards set
forth by the SVP (2010), which includes a B.S. or B.A. degree in geology or paleontology with
one year of monitoring experience and knowledge of collection and salvage of paleontological
resources.
The duration and timing of the monitoring shall be determined by the Qualified Paleontologist. If
the Qualified Paleontologist determines that full-time monitoring is no longer warranted, he or
she may recommend reducing monitoring to periodic spot-checking or cease entirely. Monitoring
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would be reinstated if any new ground disturbances are required and reduction or suspension
would need to be reconsidered by the Qualified Paleontologist. Ground-disturbing activity that
does not exceed six feet in depth within Quaternary alluvium would not require paleontological
monitoring.
Mitigation Measure CR-3(b ). In the event that a paleontological resource is discovered, the
monitor shall have the authority to temporarily divert the construction equipment around the find
until it is assessed for scientific significance and collected. Once salvaged, significant fossils
shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition,
and curated in a scientific institution with a permanent paleontological collection along with all
pertinent field notes, photos, data, and maps. Curation fees are assessed by the repository, and
are the responsibility of the project owner.
Mitigation Measure CR-3(c). At the conclusion of laboratory work and museum curation, a
final report shall be prepared describing the results of the paleontological mitigation monitoring
efforts associated with the project. The report shall include a summary of the field and laboratory
methods, an overview of the project geology and paleontology, a list of taxa recovered (if any),
an analysis of fossils recovered (if any) and their scientific significance, and recommendations.
The report shall be submitted to the lead agency(s) for the project. If the monitoring efforts
produced fossils, then a copy of the report shall also be submitted to the designated museum
repository.
~ CR-3 (a, b, and c) Monitoring Plan. Prior to ini~ial ground disturbance, the City shall
confirm the qualifications of and approve the applicant's choice of the qualified
paleontologist. The City shall inspect the site periodically during grading and demolition to
ensure compliance with this measure. The City shall review construction plans and
periodically inspect project construction to ensure compliance with these measures. The City
shall review and approval the Final Paleontological Monitoring Report.
Geology and Soils Mitigation
Mitigation Measure GE0-1. A geotechnical study shall be prepared for the project site prior to
site development. This report shall include an analysis of the liquefaction potential of the
underlying materials according to the most current liquefaction analysis procedures. If the site is
confirmed to be in an area prone to seismically-induced liquefaction, appropriate techniques to
minimize liquefaction potential shall be prescribed and implemented. In addition to a
liquefaction analysis, the Geotechnical Study shall include an evaluation of the potential for soil
settlement and soil expansion beneath the project site. All on-site structures shall comply with
applicable methods of State and Local Building Codes.
Future development of the site shall incorporate all applicable engineering requirements and
recommendations as presented in the Geotechnical Study. Suitable measures to reduce
liquefaction, settlement, and soil expansion impacts may include one or more of the following
techniques, as determined by a registered geotechnical engineer:
• Specialized design of foundations by a structural engineer;
• Removal or treatment of liquefiable soils to reduce the potential for liquefaction;
Packet Pg. 403
Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.)
Page 13
• In-situ densification of soils or other alterations to the ground characteristics; or
• Other alterations to the ground characteristics.
• Excavation and re-compaction of on-site or imported soils;
• Treatment of existing soils by mixing a chemical grout into the soils pnor to re-
compaction; or
• Foundation design that can accommodate certain amounts of differential settlement such
as post tensional slab and/or ribbed foundations designed in accordance with the
California Building Code.
~ GE0-1 Monitoring Plan. The Community Development Department shall verify
compliance prior to issuance of grading permits. The Community Development Department
shall site inspect to ensure development is in accordance with approved plans prior to
occupancy clearance. Community Development staff shall verify installation in accordance
with approved building plans.
Hydrology and Water Quality Mitigation
Mitigation Measure HYD-1. The applicant shall prepare the conditional letter of map revision
(CLOMR) application and obtain an official letter of map revision (LOMR) from FEMA.
~ HYD-1 Monitoring Plan. The City will confirm that FEMA has approved the CLOMR prior
to issuance of a grading permit, and LOMR prior to issuance of a building permit.
Noise Mitigation
Mitigation Measure N-1. Within 250 feet of the Tank Farm Road centerline, for any structure
that includes residential uses, the project site developer shall implement the following measures,
or similar combination of measures, which demonstrate that interior residential noise levels in
residences exposed to Tank Farm Road would be reduced to the City's 45 dBA CNEL interior
noise standard. Final building design and building locations shall collectively provide and
effective attenuation shield from Tank Farm Road noise for active outdoor areas within the
development with the intent to achieve 60 dBA or less. Interior noise reduction shall be achieved
through a combination of standard interior noise reduction techniques, which may include (but
are not limited to):
• In order for windows and doors to remain closed, mechanical ventilation such as air
conditioning shall be provided for all units exposed to Tank Farm Road (passive
ventilation may be provided, if mechanical ventilation is not necessary to achieve interior
noise standards, as demonstrated by a qualified acoustical consultant).
• All exterior walls shall be constructed with a minimum STC rating of 50, consisting of
construction of 2 inch by 4-inch wood studs with one-layer of 5/8 inch Type "X" gypsum
board on each side of resilient channels on 24 inch centers and 3 Yz inch fiberglass
insulation.
• All windows and glass doors shall be rated STC 39 or higher such that the noise
reduction provided will satisfy the interior noise standard of 45 dBA CNEL.
• An acoustical test report of all the sound-rated windows and doors shall be provided to
the City for review by a qualified acoustical consultant to ensure that the selected
Packet Pg. 404
Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Fann Rd.)
Page 14
windows and doors in combination with wall assemblies would reduce interior noise
levels sufficiently to meet the City's interior noise standard.
• All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall
have at least two 90 degree turns in the duct.
• All windows and doors exposed to Tank Farm Road shall be installed in an acoustically-
effective manner. Sliding window panels shall form an air-tight seal when in the closed
position and the window frames shall be caulked to the wall opening around the
perimeter with a non-hardening caulking compound to prevent sound infiltration.
Exterior doors shall seal air-tight around the full perimeter when in the closed position.
• The applicant shall submit a report to the Community Development Department by a
qualified acoustical consultant certifying that the specific interior noise reduction
techniques included in residential, hotel, and office components of the project would
achieve interior noise levels that would not exceed 45 dBA CNEL.
~ N-1 Monitoring Plan. The Community Development Department shall verify compliance
prior to approval of the building plans and shall verify installation in accordance with
approved building plans.
Mitigation Measure N-2(a). For all construction activity at the project site that exceeds 85 dBA
at the property line with the existing residence to the southeast, the following noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed by
the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 70 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating
of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be. operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be
installed prior to construction and remain in the designated location throughout
construction activities.
• Electrical power shall be used to power air compressors and similar power tools.
• The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00
AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).
• As needed, temporary sound barriers shall be constructed between the construction site
and the single-family residence to the southeast.
Mitigation Measure N-2(b). The contractor shall inform the property owner of the single-family
residence to the southeast of the project site of proposed construction timelines and noise
complaint procedures to minimize potential annoyance related to construction noise. Proof of
mailing the notice shall be provided to the Community Development Department before the City
issues a zoning clearance. Signs shall be in place before beginning of and throughout grading and
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Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd .)
Page 15
construction activities . Noise-related complaints shall be directed to the City's Community
Development Department.
Plan Requirements and Timing. Construction plans shall note construction hours, truck routes,
and construction Best Management Practices (BMPs) and shall be submitted to the City for
approval prior to grading and building permit issuance for each project phase. BMPs shall be
identified and described for submittal to the City for review and approval prior to building or
grading permit issuance. BMPs shall be adhered to for the duration of the project. The applicant
shall provide and post signs stating these restrictions at construction site entries. Signs shall be
posted prior to commencement of construction and maintained throughout construction.
Schedule and neighboring property owner notification mailing list shall be submitted 10 days
prior to initiation of any earth movement. The Community Development department shall
confirm that construction noise reduction measures are incorporated in plans prior to approval of
grading/building permit issuance.
All construction workers shall be briefed at a pre-construction meeting on construction hour
limitations and how, why, and where BMP measures are to be implemented. A workday
schedule will be adhered to for the duration of construction for all phases.
~ N-2(a and b) Monitoring Plan. City staff shall ensure compliance throughout all
construction phases. Building inspectors and permit compliance staff shall periodically
inspect the site for compliance with activity schedules and respond to complaints.
Tnnsportation and Traffic Mitigation
Mitigation Measure T-1. The project applicant shall pay fair share costs for required
intersection improvements to address the project's identified queueing impact at the Broad
Street/Tank Farm Road intersection. Required intersection improvements include:
• Broad Street/Tank Farm Road: Re-stripe the existing cross-sectional width to provide a
second southbound left tum lane.
Alternatively, the identified queueing impact at the Broad Street/Tank Farm Road intersection
would be eliminated if the applicant provides a vehicular connection to the adjacent site to the
east, which would allow use of the traffic signal way at Industrial Way.
~ T-1 Monitoring Plan. The City shall verify payment of fair share costs (or inclusion of a
vehicular connection to the adjacent site to the east on project site plans) upon acceptance by
the City of final design plans.
Mitigation Measure T-2. The project applicant shall pay fair share costs for required
intersection and segment improvements to address the project's contribution to identified
cumulative intersection and segment level of service and queueing impacts. Required
intersection improvements include:
• Tank Farm Road/South Higuera Street: Install a second southbound left tum lane .
• Tank Farm Road/Santa Fe Road: Install a multi-lane roundabout.
Packet Pg. 406
Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.)
Page 16
• Broad Street/Industrial Way: Convert the east and west approaches from split phasing to
permissive phasing and restripe both approaches to provide dedicated left tum lanes and
shared through/right tum lanes.
• Broad Street/Tank Farm Road: Add a second southbound left tum lane, add a dedicated
northbound right tum lane, convert the westbound right tum lane to a shared
through/right lane, and establish time-of-day timing plans.
Required segment improvements include:
• Tank Farm Road from Old Windmill Lane to Santa Fe Road: Roadway widening.
~ T-2 Monitoring Plan. The City shall verify payment of fair share costs upon acceptance by
the City of final design plans and in accordance with the timing of improvements.
Utilities and Service Systems Mitigation
Mitigation Measure UT-1. Prior to issuance of grading permits, the applicant shall define and
incorporate into the project design an Inflow and Infiltration reduction strategy consistent with
the City's Wastewater Infrastructure Renewal Strategy. Prior to issuance of a certificate of
occupancy, the developer shall be required to implement, and demonstrate off-site sewer
rehabilitation that results in quantifiable inflow and infiltration reduction in the City's
wastewater collection system in sub-basin Al, A2, A3, A4, B.2 or B.3 in an amount equal to
offset the project's wastewater flow increase. This may be satisfied by one of the following:
• Sufficient reductions in wastewater flow within sub-basins Al, A2, A3, A4, B.2 or B.3,
commensurate with the additional wastewater flow contributed by the project, to be
achieved by the verified replacement of compromised private sewer laterals, or public
sewer mains, either by the developer, or any property owner located within said basins; or
• Participation in a sewer lateral replacement program, or similar inflow and infiltration
reduction program to be developed by City if program is in place prior to issuance of
certificate of occupancy; or any other off-site sewer rehabilitation proposed by the
developer and approved by the Utilities Director, which will achieve a reduction in
wastewater flow commensurate with the additional wastewater flow contributed by the
project. The final selection of the inflow and infiltration reduction project will be
approved by the Utilities Director.
~ UT-1 Monitoring Plan. The Community Development Department shall verify compliance
prior to issuance of grading permits.
Mitigation Measure UT-2. Prior to issuance of grading permits, the applicant shall define and
incorporate into the project design water reduction measures consistent with the City's Recycled
Water Master Plan. Prior to issuance of a certificate of occupancy, the developer shall be
required to implement, and demonstrate water offsets that result in quantifiable water demand
reductions in the City's potable water distribution system with an amount equal to offset the
project's water flow increase. This may be satisfied by one of the following:
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Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Fann Rd.)
Page 17
• Sufficient reductions in potable water demands, commensurate with the additional water
demands contributed by the project, to be achieved by verified conversions of existing
irrigation system from potable water to recycled water systems located within the City's
potable water distribution system;
• Participation in the construction of new mains for the recycled water transmission
system; or construction of any other recycled water main proposed by the developer and
approved by the Utilities Director, which will achieve a reduction in potable water
demands commensurate with the additional water demands contributed by the project.
~ UT-2 Monitoring Plan. The Community Development Department shall verify compliance
prior to issuance of grading permits. ·
SECTION 3. Action. The Planning Commission does hereby recommend the City
Council approve the proposed project (GENP-1065-2017 & SPEC-0398-2017) that includes a
General Plan Amendment, Specific Plan Amendment and Rezone, and a Mobile Home Park
Conversion subject to the following conditions:
Conversion Impact Report
I . No building permit shall be issued for conversion of a mobile home park property until
the applicant has filed with the director a written statement confirming full performance
of the conditions of approval. The written statement shall list the name of each affected
mobile home owner and resident and the date and type of relocation assistance provided
to such person. The statement shall be executed under penalty of perjury. (Ord. 1533 § 1
(part), 2009).
2. The applicant shall submit proof of recordation of a certificate of acceptance within 30
days after the adoption of the resolution of approval.
3. The Conversion Impact Report shall include detailed information about the relocation
assistance and/or accommodation provided for the existip.g renters that were renting
coaches prior to the purchase of the site by the applicant.
4. The 13 remaining tenants of the Hidden Hills Mobilodge Mobil Home Park shall be
given right of first refusal for the affordable housing units in the subsequent mixed-use
development, and should any of these former tenants not be qualified for the affordable
housing units, they shall be given right of first refusal for the first available non-restricted
housing units.
General Plan Amendment, Specific Plan Amendment and Rezone
5. The General Plan and the Airport Specific Plan shall be amended as shown is Exhibit A.
6. The text of the Airport Area Specific Plan shall be amended to include language that this
specific property shall include a mixed-use project that includes a predominant residential
component.
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Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.)
Page 18
7. No development other than the project as specifically described to the ALUC in the
written materials attached to the Referral Letter from the City dated September 28, 2018,
in the written materials subsequently provided by the Applicant to the ALUC and
included in the agenda packets for the ALUC's October 17, 2018 and November 16, 2018
meetings and in the oral testimony by the Applicant during said meetings, may be
established without subsequent prior referral to the ALUC.
8. The Amendments shall apply only to the property currently proposed to be occupied by
the Project, i.e. to the Project site.
9. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review ("Indemnified Claims"). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
Upon motion of Vice Chair Stevenson, seconded by Commissioner McKenzie and
on the following roll call vote:
AYES: Vice Chair Stevenson, Commissioners McKenzie, Jorgensen, Dandekar,
Quincy, Wulkan, and Chair Fowler
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 121h day of December 2018.
Packet Pg. 409
Item 14
Planning Commission Resolution No. PC-I 017-2018
SP EC-0398-2017 & G ENP-1065-2017 (650 Tank Farm Rd .)
Exhibit A
Page A-1
650 Tank Farm Road Rezoning Map
EXISTING
I
i
Medium
Oorully
Residential
(MDR)
Exhibit A
PROPOSED
BUSINESS PA RK = 3.25 acres
MEDIU M DENSITY RESIDEMJI A L = 6 .85
SERVICES AND MANUFACTURING
OPEN SPACE
= 10 .I Oacres
= 2.65
OPEN SPACE = 2.65
=:J MEDIUM DENSITY RESID ENTI AL
PUBLIC
OPEN SPACE
12 .75 total ac
~ I 0 COMMU~HTY COMMERCI AL
SERVICES & MANUFACTURING
II BUSINES S PARK
12 .75 total ac
N
100 700 4fX) (,()() l\W
-i::::::llilll-::::=:ilillll-fne l A
Packet Pg. 410
Item 14
Planning Commission Resolution No. PC-1017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.)
Exhibit A
Page A-2
650 Tank Farm Road Text Amendment to the Airport Area Specific Plan
Table 4.1
San Luis Obispo Airport Area Specific Plan
Land Use Program and Development Capacities
Residential Land Use Designations Acres Units Per Estimated
Acre Dwellina Units
Undeveloped Land
Low Density 12.8 7 .9 101
Medium Density ~20.5 10 .9 297223
Medium-Hiah/Hiah Densitv 15 .2 21 .2 322
Subtotal 55.3 720
Developed Land (Existing Mobile 6.7 4 .8 32
Homes)
Total Residential Property 62.055.2 U2678
Non-Residential Land Use Acres Floor Area Estimated
Designations Ratio Building Square
(F.A.R.) Feet
Undeveloped Land
Neiahborhood Commercial 8.4 0.31 115,000
Business Park ~126.6 0.20 1,1 W.4SJ1 102.939
Service Commercial 444.-9155.0 0 .24 Ui41i,J741 620 432
Manufacturing 101.3 0.17 747 ,642
Subtotal 384.4 J ,§1 S,4993.586.013
Developed Land 145.2 0 .28 1,786 ,745
Total Non-Residential Property 529.6 6,.1~,372 ,758
Other Land Use Designations Acres
Aariculture 76 .1
Conservation/Open Space/Parks 294.9
Government 292.5
Total Other Property 663.5
Total AASP Acreage' 1,255.1
The total potential square footage (and associated acreage) includes future development
on [!ro i;i ert jes currentllr'. under 11re -annexation agreements and i;iro i;i erties ouls i d~ of the
Cillr'.'s jurisdiction wi!h alt erna [ive fee iiro grams . Since lhese iiro 11ertles mall nQl be re guired
lo 11 alr'. their fa ir share of infrastructure costs , the difference will need to be funded blr'. other
fund ing SO!,!rces (e .g., grants , add itiona l Citlr'. cQn!ri bu!ions , etc .}.
2 Excludes acreage associated with roads, setbacks, creeks, and other features .
Packet Pg. 411
Item 14
Planning Commission Resolution No. PCc I 017-2018
SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.)
Exhibit A
Page A-3
4.2.2 Service Commercial
Areas designated Service Commercial are generally for storage, transportation, and
wholesaling type uses, as well as certain retail sales and business services that may be
less appropriate in other commercial designations. Refer to Table 4.3 for specific uses
permitted on land designated Service Commercial.
The redevelopment of the site of the Hidden Hills Mobilodge Mo bil e Hom e Pa rk and
recreational vehicle storage at 650 Tank Farm Road shall be limited to a commercial and
residential mixed-use development with a pr e do min a n tly res id e ntial co m po ne nt.
4.2.6 Medium Density Residential (R-2)
The Medium-Density Residential designation is for the mobile home park that was
established before preparation of this specific plan, and the new housing in Avila Ranch.
Development of R-2 units in the Avila Ranch area will be primarily 4-pack, 6-pack and
cluster units that will create small lot detached single family units. Total R-2
development in the Avila Ranch area is projected to be approximately 300 to 310
dwelling units on 34 acres, with maximum potential development of 12 units per net acre
pursuant to SLO Zoning Code Chapter 17.26. The R-2 units may be in several different
configurations, and development shall comply with the design standards in the Avila
Ranch Development Plan. The R-2 portions of the project will be oriented to provide
small-lot housing with housing sizes and corresponding initial sales prices aimed at those
families with incomes equal to 120 percent to 160 percent of City Median Household
income. See Policy 4.2.12.
The mobile home park may be retained as a conforming use, however, further
development of the site is not permitted by the Airport Land Use Plan. On-site buildings
may be replaced with similar residential development and the property can be subdivided
to allow resident ownership as long as residential density is not increased.
Packet Pg. 412
Item 14
City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Minutes - Draft
Planning Commission
Regular Meeting
Wednesday, December 12, 2018
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, December 12, 2018 at 6:00 p.m. in the Council Chamber, located at 990 Palm
Street, San Luis Obispo, California, by Chair Fowler.
ROLL CALL
Present: Commissioners Hemalata Dandekar, Robert Jorgensen, John McKenzie,
Nicholas Quincey, Michael Wulkan, Vice-Chair Charles Stevenson, and Chair
John Fowler.
Absent: None.
Staff: Community Development Deputy Xzandrea Fowler, Assistant City Attorney
Jon Ansolabehere, Associate Planner Rachel Cohen, Associate Planner Kyle
Bell, Recording Secretary Summer Aburashed.
Pledge of Allegiance
Chair Fowler led the Pledge of Allegiance.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Carol Myser
---End of Public Comment---
1. CONSENT AGENDA – CONSIDERATION OF MINUTES
ACTION: MOTION BY COMMISSIONER DANDEKAR, SECOND BY
COMMISSIONER MCKENZIE, CARRIED 6-0-0-1 (COMMISSIONER JORGENSEN
ABSTAINING) to approve the minutes of October 10, 2018, as presented.
ACTION: MOTION BY VICE-CHAIR STEVENSON, SECOND BY
COMMISSIONER WULKAN, CARRIED 7-0-0 to approve the minutes of October 24,
2018, as presented.
DRAFTPacket Pg. 413
Item 14
Planning Commission Meeting Minutes
December 12, 2018
Page 2 of 5
PUBLIC HEARINGS
2. Review of General Plan Amendment, amendment to the Airport Area Specific Plan
(AASP), Rezone, a Mobile Home park Conversion, and a Conditional Use Permit to
allow for a mixed-use project and a 30% mixed-use parking reduction located at 650
Tank Farm Road that includes 249 residential units and 17,500 square feet of
commercial space. Case #s: GENP-1065-2017, SPEC 0398-2017, EID 1066-2017, USE
1067-2017; BP-SP, C/OS-SP and R-2-SP Zones; Agera Grove Investments, LLC,
applicant
Associate Planner Rachel Cohen and Contract Project Planner Rob Mullane presented the
staff report and responded to Commission inquiries.
Applicant Representatives Pam Ricci and Eric Justesen, and the Applicant Matt Wade
provided an overview of the project and responded to Commission inquiries.
Chair Fowler opened the public hearing.
Public Comments
Donna Lewis
Steve Delmartini
Steve Hopkins
Audrey Bigelow
James Lopes
Sandra Rowley
Matt Wade (Applicant)
Chair Fowler closed the public hearing
ACTION: MOTION BY COMMISSIONER MCKENZIE, SECOND BY
COMMISSIONER WULKAN, CARRIED 7-0-0 to adopt Resolution No. PC1017-2018
entitled:
“A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS
OBISPO RECOMMENDING THE CITY COUNCIL ADOPT THE GENERAL PLAN
AMENDMENT, SPECIFIC PLAN AMENDMENT AND REZONE, AND MOBILE
HOME PARK CONVERSION INCLUDING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL REVIEW AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED
DECEMBER 12, 2018 (650 TANK FARM ROAD; EID-1066-2017, SPEC-0398-2017, &
GENP-1065-2017),” with conditions as modified, and the following direction provided:
DRAFTPacket Pg. 414
Item 14
Planning Commission Meeting Minutes
December 12, 2018
Page 3 of 5
1. Confirm access points and how circulation will work. Main access easement from the
project site across Orcutt Creek to the adjacent property to the east will need to be
verified prior to issuance of building permit.
2. Include a bicycle/pedestrian connection across Acacia Creek (via the existing bridge to
the Digital West site).
3. Provide a bicycle/pedestrian connection to the existing Damon Garcia Sports Field
pedestrian paths.
4. Provide a pedestrian friendly site plan that includes walkways outside the drive aisles,
along the creek corridors, and to adjacent uses/properties.
5. Consider where outdoor residential activities are located and how the noise is buffered
and consistent with City standards.
6. Balconies and decks of residential units near Tank Farm Road should be located on the
interior side of the building to reduce noise exposure.
7. Decks/balconies should be a minimum of six feet in depth for usability.
8. Consider providing more separation between the commercial / mixed-use buildings and
the nearest residential buildings.
9. Consider where commercial related activities (e.g. deliveries, customer visitations, etc.)
are located in relationship with the residential units on the site.
10. Use appropriate native and riparian plant species within the creek corridors
11. Provide an overall site landscape plan that does not include invasive species.
12. Incorporate more common spaces for interaction and play into the site design. This would
include outdoor spaces, including “tot lots,” as well as indoor common spaces within the
mixed-use buildings.
ACTION: MOTION BY VICE-CHAIR STEVENSON, SECOND BY COMMISSIONER
MCKENZIE, CARRIED 7-0-0 to recommend that the City Council direct the applicant to
concurrently process the requested Use Permit when they apply for Design Review.
RECESS:
The Commission recessed at 8:17 p.m. and reconvened at 8:30 p.m. with all Commissioners
present.
3. Request to establish a high occupancy residential use to provide for seven occupants
where normally limited to five at 1267 Fredericks Street. Case #: USE 1859-2018, R-2
Zone; SLOCA LLC % Sanjay Ganpule, applicant
Associate Planner Kyle Bell presented the staff report and responded to Commission
inquiries.
DRAFTPacket Pg. 415
Item 14
650 Tank Farm Road
ALUC November 16, 2018
ATTACHMENT 1
FINDINGS OF CONSISTENCY
650 Tank Farm Road
CONSISTENCY WITH STRICT APPLICATION OF ALUP POLICIES
For the reasons described in the Staff Report and subject to the Conditions of Consistency set forth
below, the Amendments are consistent with the Specific Policies for Airspace Protection and
Overflight.
CONSISTENCY WITH THE ALUP UNDER ALUP SECTION 2.7
Applicability of ALUP Section 2.7
a) The Amendments represent “unique circumstances” as described in Section 2.7 of the ALUP
because the Project includes unique characteristics as described under the heading
“Justification for Deviation from Strict Application of Specific Policies for Noise and Safety under
Authority of Section 2.7 of the ALUP” below and because:
1. The Project site has been occupied with residential uses for over fifty years, and, at the
time of adoption of the AASP, was the only site zoned residential.
2. The Project site functions like an “infill” site (as more generally defined) in that it is located
across the street from an existing urban development and is adjacent to a proposed retail
and senior living project.
3. The Project site is within close proximity to the ACOS areas of both the Margarita Area
Specific Plan and AASP with reserve areas which provide possible areas of refuge for
aircraft to mitigate aviation risks.
4. The Project will have multiple locations for access with the main point of entry at the existing
traffic signal across from Mind-Body, an existing Tank Farm driveway to the east with right-
in, right out access, and an existing access easement across from Acacia Creek to the
Digital West Property. From these access points, customers and residents can connect to
signalized intersections at Mind Body and Tank Farm, Industrial and Broad Street, and in
the future, at the entry of the Marigold Shopping Center and Broad Street.
b) The Amendments represent a “small-scale individual project” as described in Section 2.7 of the
ALUP because:
1. The total acreage proposed for use within the S-1c Safety Area in a manner inconsistent
with the strict application of the ALUP is 10.1 acres, and thus the area of inconsistency is
of limited scope or extent.
2. The Amendments apply only to the property proposed to be occupied by the Project.
3. Based on representations by the Applicant and as conditioned in the attached Conditions
of Consistency, no development other than the exact Project referred to and considered by
Attachment 5
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Item 14
650 Tank Farm Road
ALUC November 16, 2018
the Commission, i.e. the Project, may be established within the referral area without
subsequent prior referral to the ALUC.
Justification for Deviation from Strict Application of Specific Policies for Noise and Safety under
Authority of Section 2.7
c) Safety. Notwithstanding that the Amendments would permit residential development within the
S-1c Safety Area that exceeds the maximum residential density allowed by the current AASP
and the ALUP, as set forth in Table 7, in contravention of the strict application of Safety Policy
S-2, the Amendments are consistent with the objectives of the safety policies of the ALUP as
described in Section 4.4.1 of the ALUP, because they are consistent with the underlying policy
of “limiting the number of persons on the ground who are exposed to aviation safety hazards
by restricting the allowable density in [areas of aviation safety risk]” (the objective that Policy S-
2 is intended to address) as more specifically set forth below:
1. The residential units are located where flight paths from the Airport do not generally cross
based on ALUP Figure 10 (Aircraft Flight Paths), as well as confirmation from flight
maneuvers from members of the ALUC, which render the site outside the published higher
crash potential from aircraft departing from or arriving at the Airport.
2. The Project site is bordered on the west and east by riparian corridors with Conservation-
Open Space Zoning that will remain as open undeveloped land in perpetuity, which
operates to reduce the population density levels by achieving a higher overall gross site
area for the Project.
3. The Project will have a total population density of 608 persons which is below the allowed
density for a non-residential use of 1,200 persons. In addition, it can be expected that a
significant number of residents will be away from the Project site at times when air traffic
levels at the Airport are highest.
4. The Project site is located approximately 2,000 feet perpendicular to the centerline of the
runway, which is consistent with the applicability of Caltrans Handbook Zone 6, and the
residential density of 19 units per acre is consistent with the allowed density of ALUP S-2
safety zone of Caltrans Handbook Zone 6, which has similar characteristics to the Project
site given its location outside of prevailing flight paths.
d) Noise. Notwithstanding that the Amendments would permit residential land uses within the 55
dB CNEL contour as identified in the ALUP in contravention of the strict application of Noise
Policy N-2, the Amendments are consistent with the objectives of the noise policies of the ALUP
as described in Section 4.3.1 (i.e. “to minimize the number of people exposed to infrequent
and/or high levels of airport noise or to frequent and/or high cumulative noise levels of which
airport noise is one component”) because:
1. All residential land uses are located outside of the projected 55 dB CNEL contour as
identified in the updated noise contours prepared by RS&H at the direction of the ALUC in
2015 that reflect more current information regarding Airport operations.
2. The Applicant commissioned a noise study performed by 45dB.com (consultant) which
concluded that sound levels impacting the Project site are primarily a result of transportation
noise along Tank Farm Road, and that ordinary building construction assemblies will ensure
interior sound levels in habitable spaces are below CNEL 45 dBa.
Attachment 5
Packet Pg. 417
Item 14
650 Tank Farm Road
ALUC November 16, 2018
Consistencies based on Strict Application of the ALUP Policies
e) Safety. Except as set forth in Finding (c), the Amendments are consistent with strict application
of the Specific Land Use Policies for Safety within the ALUP. Specifically, with respect to Safety
Area S-1-c, the allowable non-residential density (58 people versus 318 maximum) is under the
maximum non-residential set forth in the existing AASP, which supersedes the maximum non-
residential density allowed in the ALUP.
f) Noise. Except as set forth in Finding (d), the Amendments are consistent with strict application
of the Specific Land Use Policies for Noise within the ALUP. Specifically, the Applicant has
agreed to and the ALUC’s determination has been conditioned on satisfaction of all of the noise
mitigation measures included in the referral which satisfy the requirements set forth in Section
4.3.3 of the ALUP.
Attachment 5
Packet Pg. 418
Item 14
650 Tank Farm Road
ALUC November 16, 2018
ALUC CONDITIONS
650 Tank Farm Road
1. The City shall prepare conditions of approval to ensure that all applicable ALUP policies and
aviation related development restrictions are enforced (Conditions of Approval), including but
not limited to, those in Section 2.7 of the ALUP that require that no development other than the
Project as specifically described to the ALUC in the written materials attached to the Referral
Letter from the City dated September 28, 2018, in the written materials subsequently provided
by the Applicant to the ALUC and included in the agenda packets for the ALUC’s October 17,
2018 and November 16, 2018 meetings and in the oral testimony by the Applicant during said
meetings, may be established without subsequent prior referral to the ALUC.
2. The Amendments shall apply only to the property currently proposed to be occupied by the
Project, i.e. to the Project site.
3. The Amendments and Conditions of Approval shall limit the residential density of the Project
site within the S-1c Safety Area to 249 units.
4. The maximum height limit of structures on the site shall be consistent with City height
requirements and shall not exceed 35 feet.
5. The Project shall meet all of the noise mitigation measures set forth in Section 4.3.3 of the
ALUP.
6. 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.
7. 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).
8. Avigation easements shall be recorded for each property developed within the Project site prior
to the issuance of any building permit or conditional use permit.
9. 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.
Attachment 5
Packet Pg. 419
Item 14
650 Tank Farm Road
ALUC November 16, 2018
Attachment 3 – Aviation Safety Areas
Project Site Attachment 5
Packet Pg. 420
Item 14
650 Tank Farm Road
ALUC November 16, 2018
Attachment 4 – Airport Noise Contours
Attachment 5
Packet Pg. 421
Item 14
650 Tank Farm Road
ALUC November 16, 2018
Attachment 5 – Airport Imaginary Surfaces
Attachment 5
Packet Pg. 422
Item 14
650 Tank Farm Road
ALUC November 16, 2018
Attachment 6 – Aircraft Flight Paths
Attachment 5
Packet Pg. 423
Item 14
Summary of Planning Commission IS/MND Input Requiring Staff Responses
Planning Commission
Recommended Revisions Staff Recommended Revisions Rationale
From Mitigation Measure BIO-2(f).
Within 2 weeks prior to the
start of construction or
vegetation removal, surveys
for nesting birds covered by
the California Fish and Game
Code and the Migratory Bird
Treaty Act shall be conducted
by a qualified biologist.
For construction activities
occurring during the nesting
season (generally February 1 to
September 15), a qualified
biologist shall conduct surveys
for nesting birds covered by the
California Fish and Game Code
and the Migratory Bird Treaty
Act no more than 14 days prior
to vegetation removal.
Staff and the City’s environmental
consultant support the retention of
“generally February 1 to
September 15” as the typical
nesting season. The inclusion of
the qualifier “generally” would
provide some flexibility in the
event of an unexpected divergence
from the typical season, such as for
an early active raptor nest within
or near work areas.
From Mitigation Measure BIO-3.
Furthermore, non-native
invasive plants (including
eucalyptus trees) within riparian
and wetland habitats and within
35’ of the edge of these habitats
shall be removed.
Furthermore, non-native
invasive plants in temporarily-
disturbed areas within riparian
and wetland habitats and within
City’s 35-foot creek setback
from Orcutt Creek and Acacia
Creek shall be removed, and
such areas shall be revegetated
using native plants.
Staff recommends revising the
language to clarify that the
requirements that invasive species
be removed be limited to
temporarily disturbed areas, to
ensure that there is a clear nexus
between potential impacts and
mitigation requirements.
From Mitigation Measure N-1.
Within 250 feet of the Tank
Farm Road centerline, for any
structure that includes
residential uses...”
Within 150 feet of the Tank
Farm Road centerline, for any
structure that includes
residential uses…”
Staff recommends revising the
distance for interior noise
mitigation from 250 feet from
centerline to 150 feet from
centerline based on Figures 16 and
19 in the Sound Level Assessment
(Final IS-MND, Appendix D).
Packet Pg. 424
Item 14
Page intentionally left
blank.
Packet Pg. 425
Item 14
2/5/2019 Item 14, Applicant Presentation
1
City of San Luis Obispo
City Council
February 5, 2019 6:00 p.m.
Mixed-Use Project
650 Tank Farm
Agera Grove Investments, LLC, applicant
Have been in City review process for 3 years.
Worked closely with City/consultant staffs.
Support PC’s recommendation to the City Council to
approve entitlements, MND & Conversion Impact Report.
Anxious to secure zoning and land use approvals so can
proceed with project design.
SITUATION
2/5/2019 Item 14, Applicant Presentation
2
LAND USE PROPOSAL
•C-S zoning for entire
site - mixed-use
project.
•Commercial uses
(17,500 sf) near Tank
Farm Road (noise wall
concept).
•249 residential units (all rentals).
N
Community
Commercial
C‐C‐SP
Community
Commercial
C‐C
Business Park
Business Park
Business Park
Office
O‐SP
Med‐Density
Residential
R‐2‐SP
Recreation
and Park
BP‐SP
C‐S
BP‐SP
BP‐SP
PF
Services and
Manufacturing
CS
C‐S Services and
Manufacturing
R‐2‐SP
Med‐Density
Residential
Area Zoning
Designations
N
2/5/2019 Item 14, Applicant Presentation
3
PROJECT BENEFITS
Need for rental housing
projects within the City of SLO.
Proximity of site to major
employers – help meet jobs -
housing balance.
Close to services.
2/5/2019 Item 14, Applicant Presentation
4
CHARACTER & DESIGN VISION
CLUBHOUSE
2/5/2019 Item 14, Applicant Presentation
5
AMENITIES
AFFORDABLE HOUSING
Category Applicant’s Proposal City Staff’s Directive
Very Low Income 13 13
Low Income 6
Moderate Income 9 20
Workforce 17
TOTAL 39 39
Includes replacement of 35 mobile home units based on tenancy types, plus
4 moderate Inclusionary units.
Unit numbers in income categories reflect prior mobile home park rental
rates & relocation packages for owners.
16% of total units will be deed‐restricted affordable units; Inclusionary
Ordinance would require 3% low or 5% moderate
Continue to refine program with staff.
2/5/2019 Item 14, Applicant Presentation
6
N
Pedestrian Connection
to Sports Fields
•Evaluated in MND;
•Endorsed by PC;
•Creates more connectivity;
&
•Provides safe path from site
to Industrial stoplight.
Pedestrian
Access
QUESTIONS OF APPLICANT TEAM?
2/5/2019 Item 14, Applicant Presentation
7
CIRCULATION
Driveway
Pedestrian
Multi‐use
path to park
Greenway
5
5
N
Sesloc
New Development
Digital
West
MindBody
Green SpaceDENSITY
Unit Type Unit
Numbers
Density Units Equivalent Density
Studio/1‐brdm (<600 sf) 50 0.5 25.00
1‐brdm (<601‐1,000 sf) 50 0.66 33.00
2‐bdrm 149 1.00 149.00
207.00
Proposed Equivalent Density Units – 207
207/12.75 acres (gross) = 16.2 units/acre
207/10.10 acres (net) = 20.5 units/acre
C‐S Zoning – allows 24 units/acre
2/5/2019 Item 14, Applicant Presentation
8
1. Proposed commercial uses within the project include offices, small-scale retail and convenience
uses, personal services, and food-serving establishments. No on-site manufacturing or industrial
uses otherwise allowed in the C-S zone would be allowed in the project consistent with Section
17.70.130 D4 which states: The following uses and activities shall not be allowed within any mixed-
use development:
a. Major vehicle/equipment repair (e.g., body or mechanical work, including boats and recreational
vehicles, vehicle detailing and painting, upholstery, or any similar use);
b. Storage of flammable liquids or hazardous materials beyond that normally associated with a
residential use;
c. Manufacturing or industrial activities, including but not limited to welding, machining, or any open
flame work; or
d. Any other activity or use, as determined by the Community Development Director, to be
incompatible with residential activities and/or to have the possibility of affecting the health or safety
of mixed-use development residents due to the potential for the use to create dust, glare, heat,
noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous
because of materials, processes, products, or wastes.
ADDITIONAL CONDITIONS
II. Consistent with Section 17.70.130 F4, the commercial component of the mixed-use
project shall be allowed to operate from 7:00 AM to 8:00 PM. Operation outside of these
allowed hours shall require a Minor Use Permit to ensure that the commercial use will
not negatively impact the residential uses within the project.
ADDITIONAL CONDITIONS
2/5/2019 Item 14, Applicant Presentation
9
The applicant will incorporate all of the following in the project:
1.Record an avigation easement with the County.
2.Provide disclosure statements to all residents with their rental
contract.
3.Require that residents participate in on‐line training regarding
airport operations and receive certificate.
4.Provide on‐site property manager to field noise complaints and
coordinate with the Airport management staff.
5.Work with other property owners to sponsor an Airport
ombudsman.
6.Meet all current requirements to properly attenuate sound to
provide complying interior noise levels.
NOISE MITIGATIONS
ACTIVITIES
2/5/2019 Item 14, Applicant Presentation
10
EXISTING CONDITIONS
SAFETY – FLIGHT PATHS
2/5/2019 Item 14, Applicant Presentation
11
2/5/2019 Item 14, Applicant Presentation
12
New noise contours endorsed by the ALUC show that site noise levels will be reduced
from 55 dB to 50 dB. This level of noise is suitable for residential development.
Existing Noise Contours
NOISE CONTOURS
55dB
RS&H Contours
Site specific study done – noise from Tank Farm traffic more significant than airport
noise; decreases with distance from roadway.
2/5/2019 Item 14, Staff Presentation
1
650 Tank Farm Road
GENP-1065-2017, SPEC-0398-2017,
EID-1066-2017
City Council Hearing
February 5, 2019
Applicant: Agera Grove Investments, LLC.
Recommendation
1. Adopt a resolution approving a General Plan Amendment,
amendments to the Airport Area Specific Plan, and Mobile
Home Park Conversion and adopting the IS/MND.
2. Introduce an Ordinance changing the zoning of the subject
property from Business Park (BP-SP) and Medium-Density
Residential (R-2-SP) to Service Commercial (C-S-SP).
2
2/5/2019 Item 14, Staff Presentation
2
Review Background
April 20, 2016:The ALUC conceptually reviewed the project
and the applicant modified project design as recommended.
October 17, 2018:The ALUC formally reviewed the project
and continued the item.
November 16, 2018:The ALUC determined the proposed
amendments to be consistent with the Airport Land Use
Plan.
December 12, 2018:The Planning Commission considered
the project and draft IS/MND and recommended approval of
both (with Use Permit to returning to Planning Commission).
3
Site Information
4
Size: 12.75 acres
Zone: BP-SP: 3.25 acres
R-2-SP: 6.85 acres
C/OS-SP: 2.65 acres
General Plan:
Business Park, Medium-
Density Residential, Open
Space
2/5/2019 Item 14, Staff Presentation
3
5
Project Description
17,500 square feet of
commercial space;
249 residential units;
Frontage and access
improvements; and
Internal and external
linkages.
6
General Plan Amendment
The 3.25-acre Business
Park (BP) portion of the
site and the 6.85-acre
Medium-Density
Residential (MDR)
portion of the site would
be re-designated to
Services &
Manufacturing (SM).
2/5/2019 Item 14, Staff Presentation
4
7
AASP Rezone
Rezone the BP-SP and
R-2-SP portions of the
site to Service
Commercial (C-S-SP).
AASP Text Amendments
8
4.2.2 Service Commercial
Areas designated Service Commercial are generally for storage,
transportation, and wholesaling type uses, as well as certain retail salesand
business services that may be less appropriate in other commercial
designations. Refer to Table 4.3 for specific uses permitted on land
designated Service Commercial.
The redevelopment of the site of the Hidden Hills Mobilodge Mobile Home
Park and recreational vehicle storage at 650 Tank Farm Road shall be
limited to a commercial and residential mixed-use development with a
predominantly residential component.
2/5/2019 Item 14, Staff Presentation
5
AASP Text Amendments
9
4.2.6 Medium Density Residential (R-2)
The Medium-Density Residential designation is for the mobile home park that was established
before preparation of this specific plan, and the new housing in Avila Ranch. Development of R-
2unitsintheAvilaRanchareawillbeprimarily 4-pack, 6-pack and cluster units that will create
small lot detached single family units. Total R-2 development in the Avila Ranch area is
projected to be approximately 300 to 310 dwelling units on 34 acres, with maximum potential
development of 12 units per net acre pursuant to SLO Zoning Code Chapter 17.26. The R-2
units may be in several different configurations, and development shall comply with the design
standards in the Avila Ranch Development Plan. The R-2 portions of the project will be oriented
to provide small-lot housing with housing sizes and corresponding initial sales prices aimed at
those families with incomes equal to 120 percent to 160 percent of City Median Household
income. See Policy 4.2.12.
The mobile home park may be retained as a conforming use, however, further development of
the site is not permitted by the Airport Land Use Plan. On-site buildings may be replaced with
similar residential development and the property can be subdivided to allow resident ownership
as long as residential density is not increased.
Policy & Regulatory Background
10
Major City Goal. Housing was determined to be one of the most
important, highest priority goals for the City to accomplish over
2017-19 financial year.
Housing Element. Includes several policies that encourage infill
residential development, housing for all financial strata, and the
promotion of higher-residential density where appropriate.
Land Use Element. The project promotes redevelopment that will
contribute positively to existing neighborhoods and surrounding
areas and improve neighborhood access and walkability.
Circulation Element. The project includes features that support
various multi-modal transportation policies.
2/5/2019 Item 14, Staff Presentation
6
11
MHP Conversion
The applicant is requesting to convert the existing Mobile
Home Park consistent with the City’s Conversion Ordinance
(Chapter 5.45 of the City’s Municipal Code).
Purpose of the ordinance:
Protect residents from being displaced from relatively-
affordable housing.
Specific noticing requirements.
Require (and document in a CIR) relocation assistance.
12
MHP Conversion Relocation Assistance
Applicant acquired title to property in Sept. 2016
35 coaches in Hidden Hills MHP – 13 individually owned,
and 22 owned by the prior MHP owner.
The applicant negotiated above-market buy-outs the
individually-owned coaches.
13 of the coaches are currently occupied by renters, 4 of
which were renting when property acquired.
All current tenants will be offered right of first refusal for
new units (COA #4) and relocation assistance (COA #5).
2/5/2019 Item 14, Staff Presentation
7
13
Discussion Items
Affordable Housing
Conversion Impact Report and MHP Tenant Accommodations
Mitigation Measures in IS/MND
Conceptual Site Design
Trail Connection to Damon Garcia
14
Discussion Items
Affordable Housing
The applicant is proposing to include affordable housing that
is consistent with the affordability of the 35 mobile homes and
an additional 4 inclusionary affordable units for a total of 39
units.
Applicant proposes 13 very low, 9 moderate, and 17
“workforce” units.
Staff is recommending 13 very low, 6 low, and 20 moderate
affordable units.
2/5/2019 Item 14, Staff Presentation
8
15
Discussion Items
Affordable Housing
Council: Provide direction on the adequacy of the
proposed mix of affordable housing.
Income Level RHNA Allocation
Extremely Low & Very Low 285 166 119 58% 42%
Low 179 31 148 17% 83%
Moderate 202 13 189 6% 94%
Above Moderate 478 801 ‐323 168% ‐68%
Total Units 1011
Total RHNA 1144
Total Remaining
for RHNA:456 60% 40%
Permitted Units Issued by Affordability Total Units to
date
Total remaining
by income level
Percent
Complete
Percent
Remaining
16
Discussion Items
Conversion Impact Report and Tenant Accommodations
The CIR includes the right of first refusal for all current rental
tenants. The PC noted that additional language discussing
interim replacement housing accommodations should be
included in the CIR for the original renters.
Staff is proposing COA #5 which requires the applicant
provide relocation assistance.
Council: Provide feedback on the proposed relocation
language.
2/5/2019 Item 14, Staff Presentation
9
17
Discussion Items
COA #5
The applicant shall provide relocation assistance to the thirteen resident tenants who are
currently renting mobile homes on the project site, as and to the extent specified in Chapter 5.45,
Section 5.45.080.B.4. of the San Luis Obispo Municipal Code, which provides as follows:“The
expense of assuming tenancy in comparable housing. Assistance with these expenses shall be
available to resident tenants. The amount of such payment shall be based upon consideration of:
(a) moving costs; (b) first month’s rent, last month’s rent, and security deposit at the replacement
housing; and (c) for lower, very low, and extremely low income residents, the differential between
the rental rate at the mobile home park being converted and the replacement housing during the
first year of relocation.”For the original four resident tenants, such relocation assistance shall be
provided to each tenant until the project is complete or units are available within the project,
whichever is later, but not to exceed three years from the date of termination of tenancy for each
of the four tenants. For purposes of this condition, the term “relocation assistance” shall be in the
form of deposit assistance and rent subsidy for the difference between the amount that the
renter was paying at termination of the tenancy on the project site and the rent price for
reasonably comparable housing accommodations. The Community Development Director shall
determine whether the housing accommodation is “comparable housing” considering such
factors as availability, number of bedrooms and bathrooms, condition, location and amenities.
18
Discussion Items
Revisions to Final Wording of Mitigation Measures
The PC recommended specific revisions to several of the
mitigation measures in the Draft IS/MND.
In a few cases, staff determined that retention of the original
wording or wording similar to that in the Draft IS/MND was
preferable.
Council: Provide concurrence or direction on retention of
the original language for Mitigation Measures BIO-2(f),
BIO-3, and N-1.
2/5/2019 Item 14, Staff Presentation
10
19
Discussion Items
Conceptual Site Design
The final site plan/design review will need to adhere closely to
what is proposed.
Council: Provide feedback to staff and the applicant
regarding the conceptual site plan.
20
Discussion Items
Trail Connection to Damon Garcia
Planning Commission provided direction for an enhanced
pedestrian and bicyclist connectivity between the project site
and the paths at Damon-Garcia Sports Fields.
Staff has concerns with such a connection because of
conflicts for park users that have reserved specific fields and
conflicts during the maintenance of the fields.
2/5/2019 Item 14, Staff Presentation
11
21
Digital West
Project Site
Damon Garcia Sports Complex
Trail Connection to Damon Garcia
Council: Provide direction to
staff regarding the
recommendation for new
pedestrian and bicyclist
connection.
Environmental Review
22
The Final IS/MND determined that with incorporation of
mitigation measures, potential impacts to biological resources,
cultural resources, geology and soils, hydrology and water
quality, noise, transportation/traffic, and utilities and service
systems would be less than significant.
Two Comment Letters Received
Comments also provided by Planning Commission
Responses to Comments were prepared and appropriate
changes were incorporated into the IS/MND
2/5/2019 Item 14, Staff Presentation
12
Next Steps
23
City Council will have a second reading for the adoption of
the ordinance for the AASP amendments and rezone.
ARC will conduct design review of the project and make a
recommendation to the Planning Commission.
Planning Commission will take action on the final design
review and Use Permit.
Recommendation
1. Adopt a resolution approving a General Plan Amendment,
amendments to the Airport Area Specific Plan, and Mobile
Home Park Conversion and adopting the IS/MND.
2. Introduce an Ordinance changing the zoning of the subject
property from Business Park (BP-SP) and Medium-Density
Residential (R-2-SP) to Service Commercial (C-S-SP).
24
2/5/2019 Item 14, Staff Presentation
13
25
Discussion Items
Affordable Housing
Conversion Impact Report and MHP Tenant Accommodations
Mitigation Measures in IS/MND
Conceptual Site Design
Trail Connection to Damon Garcia
Questions/Comments
26
2/5/2019 Item 14, Staff Presentation
14
27
28
Staff Report Corrections
Updated Resolution (Attachment A) distributed on Jan. 31,
2019
Includes all updated mitigation measures as reflected in
the Final IS/MND’s response to comments
Elimination of Condition #9 regarding affordability
requirements. Council direction on this issue for Use
Permit stage is sought.
2/5/2019 Item 14, Staff Presentation
15
Environmental Review
29
An Initial Study has been prepared in accordance with the
California Environmental Quality Act (CEQA), and a
Mitigated Negative Declaration (MND) is recommended
for adoption. Technical studies prepared include:
•Biological Resource Assessment (August 2018)
•Jurisdictional Delineation (August 2018)
•Cultural Resources Technical Report (September 2018)
•Sound Level Assessment (March 2017)
•Multimodal Draft Transportation Impact Study (May 2018,
updated October 2018)
The public review period closed on January 4, 2019.
30
2/5/2019 Item 14, Staff Presentation
16
31
AASP Text Amendments
32
2/5/2019 Item 14, Staff Presentation
17
Hidden Hills MHP
33
Hidden Hills MHP
34
Af JAN 2 E 2019 ,
1010 Marsh St., San Luis Obispo, CA 93401 SLO CITY CLERK
(805) 546-8208 • FAX (805) 546-8641
PROOF OF PUBLICATION Proof of Publication of
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; 1 am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Tinges, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
��nya,rvli 2�[
in the year 2019.
i certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at S Luis Obispo, California, this
day —1 of M 2019.
Patricia Horton, New Times Legal
AJlnin do l',i,,ilall•NTbIG AJmin1N I'MO OflicdUUSINF.SSIIIubliv Noli.i il'nwf or I'ub
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San L[ns Obnspo City Council invitee all interested persons to
nttarld a pubtic meeting on Tuesdg February 5, 2019, at &.00 p.m
in the Cily HON Council Chnfnber, 990 Palm Street, San Luis Obispo,
C411f0rnia, rOlaliVo to she followlrq;
650 Tank Farm Road - General Plan amendment; Applloant -
Agera Grove Investments, LLC:
• Adapt a Resotutlon 10, adopt lho final Mitigated 1900m ro
DBCklratinn of Environmental Review to approve the 850 Tenk Farm
hAlxed l]se Prr>rest; Wr r[ Area 5p0ntic Plan Amomi n ril General
Plan Amendmunl, and the aSeoCk7tgd Conversion Impaci Report.
and
• Imroduca on Oldfnance antilktd. 'An Ordinanco at dye Gly
COM101 1 of the CI[y or San Luis Oblspd, Caltrwnia, feibning properly
at 650 Tonk Farm Road }four Business park (SP -SP) and Madlwm
Density Rosidemial 02 -SPI to Servica GomrrerClal {C -S -SM and
nuikiog aseoclaled smpndmoma to cite Arcpnrt Area Spacifia Plan to
be consistent vnih she 650 Tbrik Farm Mlxad•llso Proud pvrwoplual
davetopmem plan and wilh the Genoml Tian as amclinded'
For more infoimaiion, you are invited to contact Rachel Cohen of the
City's Co+pmu4y ReveWrnant Department at (805) 781-7574 or by
email at rdohonWslp;ity.org
Teresa Purrington
City Clerk
City of San Luis Obispo
January 24, 2019