HomeMy WebLinkAbout06-07-2017 PC Agenda PacketCity of San Luis Obispo, Agenda, Planning Commission
Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda
will be made available for public inspection in the Community Development, 919 Palm Street, during normal
business hours.
Agenda
Planning Commission
Wednesday, June 7, 2017
6:00 p.m. SPECIAL MEETING Council Chamber
990 Palm Street
San Luis Obispo, CA
* Business Item 1 (San Luis Ranch) of this Special Meeting of Wednesday, June 7, 2017, is a continued
review of “Business Item 1” (San Luis Ranch) of the Special Meeting on Thursday, May 25, 2017, and
“Business Item 2” (San Luis Ranch) of the Regular Meeting on Wednesday, May 24, 2017 – see
Amended Agenda of Wednesday, May 24, 2017 and Amended Agenda of Thursday, May 25, 2017.
CALL TO ORDER: Chair Stevenson
PLEDGE OF
ALLEGIANCE : Chair Stevenson
ROLL CALL : Commissioners Kim Bisheff, Scott Mann, Ronald Malak, Nicholas
Osterbur, Hemalata Dandekar, Vice-Chair John Fowler, and Chair Charles
Stevenson
ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.
BUSINESS ITEMS
1. 1035 Madonna Road. SPEC/ANNX/ER-1502-2015: Review of the San Luis Ranch Specific
Plan project. Development plans for the site include up to 580 residential units, 200,000 square
feet of commercial development, 150,000 square feet of office development, a 200-room hotel,
and portions of the site to remain for agriculture and open-space. Requested entitlements include
a Specific Plan, General Plan Amendment/Pre-Zoning, Development Plan/Vesting Tentative
Tract Map, Annexation, and certification of a Final Environmental Impact Report (FEIR).
Project construction is planned in six phases. The project also includes a Term
Sheet/Development Agreement that would govern development of the project site.
Recommendations will be forwarded to City Council for consideration of these required project
entitlements; Land Use Element designated Specific Plan Area SP-2 (San Luis Ranch); Coastal
Community Builders, applicant. (John Rickenbach)
Planning Commission Agenda Page 2
The City of San Luis Obispo is committed to include the disabled in all of its services, programs, and
activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance.
COMMENT AND DISCUSSION
1. STAFF
a. Agenda Forecast
ADJOURNMENT
The next Regular Planning Commission meeting is scheduled for Wednesday, June 1 4, 2017
at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
APPEALS: Any decision of the Planning Commission is final unless appealed to City Council within
10 days of the action (Recommendations to City Council cannot be appealed since they are not a final
action.). Any person aggrieved by a decision of the Commission may file an appeal with the City
Clerk. Appeal forms are available at the Community Development Department office, City Clerk’s
office, or on the City’s website (www.slocity.org). The fee for filing an appeal is $281, and must
accompany the appeal documentation.
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Public meeting to consider the San Luis Ranch project, including related entitlements
and the associated Final Environmental Impact Report (FEIR). The project entitlements include a
Specific Plan, General Plan Amendment, Vesting Tentative Tract Map, and Annexation, as well
as a Term Sheet which will be the basis of the future Development Agreement.
PROJECT ADDRESS: 1035 Madonna Road BY: John Rickenbach, Contract Planner
Phone Number: 805-610-1109
Email: JFRickenbach@aol.com
FILE NUMBER: SPEC/ANNX/ER-1502-2015 FROM: Doug Davidson, Deputy Director
RECOMMENDATION: Recommend to the City Council that they take the following actions as
contained in the attached Resolution (Attachment 1): 1) certify the Final EIR, adopt CEQA
Findings and Statement of Overriding Considerations, and adopt a Mitigation Monitoring and
Reporting Plan; 2) approve the San Luis Ranch Specific Plan based on findings that the project is
consistent with the General Plan; 3) approve related project entitlements, including a General Plan
Amendment, and Vesting Tentative Tract Map no. 3096; 4) consider and provide comment
regarding the Term Sheet for the project; and 5) authorize an application to the Local Agency
Formation Commission (LAFCo) for annexation of the project site.
SITE DATA
Applicant
Representative
General Plan
and Zoning
Site Area
Environmental
Status
Coastal Community Builders
Marshall Ochylski
Specific Plan Area (various land
use designations including—
residential, commercial, office,
open space and agriculture
consistent with the Land Use
Element)
131.3 acres
A Final EIR is now under public
review, but it has not yet been
certified by the City Council.
SUMMARY
Coastal Community Builders has proposed a project that includes several entitlements for the
development of approximately 70 acres of the 131.3-acre property. The project would include a
Meeting Date: June 7, 2017
Item Number: 1
PC 1-1
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 2
mixture of residential and non-residential uses, as well as the preservation of approximately 60
acres to remain in agricultural use and open space. The project site is currently outside the City, but
within its Sphere of Influence, and would require annexation for development. The project as
proposed is envisioned to implement the policies for development of the site as articulated in the
2014 Land Use and Circulation Elements (LUCE) update, and be consistent with the broad
development parameters set forth in the LUCE for this designated specific plan location.
A Final EIR has been prepared for the project, and is available on the City’s website:
https://tinyurl.com/ya7bzpbd
1.0 SITE INFORMATION
Please refer to the staff report for the Planning Commission hearing of May 24, which is available
for review online at the following location: https://tinyurl.com/y9onlay7
The site is comprised of approximately 131 contiguous acres in unincorporated San Luis Obispo
County, surrounded by areas within the City of San Luis Obispo, and within the City’s Sphere of
Influence, generally bounded by Madonna Road, Dalidio Drive and U.S. Highway 101.
2.0 PLANNING COMMISSION’S PURVIEW
The Planning Commission’s role is to review and provide input on the Public Hearing Draft
Specific Plan and related entitlements, including the General Plan Amendment/Pre-Zoning and
Development Plan/Vesting Tentative Tract Map, annexation, as well as on the Final EIR, which
addresses these project entitlements. The Commission will make recommendations to the City
Council on certifying the Final EIR and approving the various project entitlements as conditioned
in the Resolution and attached to the staff report as Attachment 1.
3.0 PREVIOUS PLANNING COMMISSION REVIEW
The May 24 staff report describes past Planning Commission input on the project prior to that date.
At the public hearings of May 24 and 25, 2017, the Commission provided focused input on the
following aspects of the proposed project:
Final Environmental Impact Report
San Luis Ranch Specific Plan
General Plan Amendment/Pre-Zoning
There were 37 public speakers at the May 24 hearing, and an additional 5 on May 25, three of
whom also spoke on May 24. Pursuant to that discussion, the Planning Commission consensus
was that the Final EIR adequately described and analyzed the proposed project, the Specific Plan
was consistent with the intent of the General Plan as it relates to the project site, and the related
General Plan Amendment to modify the graphics, text and statistics in the General Plan to more
clearly reflect the details of the Specific Plan, is appropriate.
PC 1-2
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 3
The following discussion summarizes follow-up items related to the Specific Plan and Final EIR.
3.1 Recommended Modifications to the Specific Plan
Planning Commission Recommendations
While the Planning Commission considered the contents of the Specific Plan generally
acceptable as drafted, it suggested several relatively minor modifications to address various
safety-related or planning concerns. Specifically, the Planning Commission expressed
consensus on the following items related to modifying or clarifying information included in
the Specific Plan:
1. Madonna Road - Safe Pedestrian Crossing. Explore ways to improve pedestrian
access and safety related to crossing Madonna Road near Oceanaire Drive, including
access to Laguna Lake Park.
2. Froom Ranch Way Safety. Address ways to slow vehicular speeds on Froom Ranch
Way, especially in the context of improving bike safety.
3. Net Zero Carbon Policy. Explore ways to promote a Net Zero Carbon concept in new
development, probably most effectively addressed as a Specific Plan policy that allows
some degree of flexibility.
4. Electric Vehicle (EV) Charging Stations. Modify the Specific Plan to require that
garages are “EV-ready” to allow for installation of EV charging stations, without
requiring the EV stations to be installed as part of development. Consider allowing for
EV stations adjacent to apartment buildings in higher density portions of the project.
5. Zero Lot Line. Allow for the flexibility to include more zero lot line development, as
a means of creating more usable outdoor area within the small lots. Incorporate zero
lot line concept with flexibility if possible.
The following additional items were discussed by the Planning Commission, and although no
clear consensus was drawn on how to move these issues forward, additional clarification on
these topics was determined to be useful:
1. Promoting a “Sense of Place”. Consistent with Architectural Review Commission
direction, clarify graphics in the Specific Plan to better show how new development
can create a “sense of place” through the placement of buildings and nearby outdoor
usable public areas.
2. Commercial/Residential Buffer. Use text and graphics in the Specific Plan to clarify
how buffer areas between residential and commercial areas can be effectively
addressed to minimize land use conflicts.
3. Great Blue Heron Mitigation. Clarify how proposed FEIR Mitigation Measure BIO-
1(f), which addresses potential impacts to great blue heron habitat, can be effectively
implemented through the Specific Plan.
PC 1-3
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 4
Additional Staff Recommendations to Ensure Internal Consistency
In addition, City staff has reviewed the Specific Plan in the context of public and Planning
Commission input, and recommends the following additional modifications to the Specific
Plan to provide further clarity, improve its ability to be implemented, and to ensure internal
consistency with the General Plan, Final EIR, and proposed map conditions:
1. Add a roadway classification map that is consistent with the General Plan;
2. Add a bicycle classification map that is consistent with General Plan and Bicycle
Transportation Plan;
3. Expand Section 6.5 Neighborhood Traffic Management to be consistent with the
findings of the Final EIR;
4. Revise Section 6.6 Street Network & Standards such that street classifications and
cross sections are consistent with general plan policy, City standards, and the vesting
tentative map;
5. Revise Section 6.7 Summary of Supportive Interface with Adjacent Street and
Path to include all relevant connections and improvements consistent with the findings
and mitigations identified in the Final EIR;
6. Revise Section 7.4 Utilities and Streets such that discussion regarding the
Dalidio/Prado Connection and Froom Ranch Way Connection is consistent with the
findings and mitigation identified in the Final EIR;
7. Revise Sections 7.6 Performance Triggers & 7.7 Phasing Strategy into a single
comprehensive infrastructure improvements section listing all of the applicant
proposed infrastructure improvements in addition to the primary onsite infrastructure
improvements identified as mitigation in the Final EIR along with phasing and
establishment of which party is responsible for implementation;
8. Revise Section 7.8 Financing Strategy – Required Facilities to reflect the project
description evaluated in the EIR, to include all of the improvement projects and thei r
actual triggers as established in the EIR, to update construction estimates and impact
fees, and to be consistent with the draft development agreement;
9. Revise Section 8 Implementation to add policies requiring sequential construction of
the project consistent with the project description evaluated in the Final EIR, policies
requiring participation in an infrastructure financing program, and policies regarding
the acquisition of ROW necessary for infrastructure;
10. Eliminate Section 8.2 San Luis Ranch Approval and Adoption due to redundancy
with other policies and processes;
11. Replace Table ES-1 in Appendix B of the Specific Plan with the Mitigation Monitoring
and Reporting Program as established in the Final EIR; and
PC 1-4
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 5
12. Update all Tables in Chapter 7 related to infrastructure phasing, costs, and fair share
requirements based on the outcome of ongoing Development Agreement negotiations
between the City and applicant.
Specific Plan Chapter 3 – Neighborhood Form (including Design Guidelines)
At its May 24 and 25 public hearings for the project, Chapter 3 of the Public Hearing Draft
Specific Plan was undergoing revision based on direction from the Architectural Review
Commission (ARC), and not available for consideration by the Planning Commission. Since
that time, the applicant has revised and updated Chapter 3 for consideration at the June 5
meeting of the ARC. At the time this staff report was prepared, the outcome of that hearing is
not known. However, staff’s review of the revised and updated Chapter 3 is that it appears
consistent with the direction provided by ARC at its meetings of May 1 and May 22, 2017.
The ARC will forward its recommendation regarding this portion of the Specific Plan, which
includes Design Guidelines, directly to the City Council.
This chapter is available on the City’s website at the link referenced at the end of this staff
report. The Planning Commission should use this provisionally updated chapter as a reference
in order to help facilitate discussion and comment as appropriate, in the context of knowing
that ARC will make a formal recommendation on this chapter to the City Council.
3.2 Final Environmental Impact Report Certification and CEQA Findings
As noted above, the Planning Commission agreed that the Final EIR adequately described and
analyzed the proposed project, and that the document included appropriate mitigation measures
to reduce potential impacts to the extent feasible. These mitigation measures are included in a
Mitigation Monitoring and Reporting Program within the Final EIR. The mitigation measures
are also included within the attached Resolution in the CEQA Findings (Attachment 1,
Exhibit A).
Based on this, the Planning Commission is asked to recommend that the City Council certify
the Final EIR, and to consider the attached CEQA Findings that support the proposed project,
including a Statement of Overriding Considerations to address the identified significant and
unavoidable impacts described in the Final EIR. The Final EIR identifies the following
significant and unavoidable impacts:
Air Quality – consistency with the Clean Air Plan; cumulative impacts related to air
quality
Cultural Resources – impacts to the existing historic onsite agricultural structures,
known as the San Luis Ranch Complex, as well as cumulative impacts related to
cultural resources
Land Use – policies to protect historic resources and provisions related to parkland,
as well as policies to achieve of multimodal objectives
Noise – short-term construction noise
PC 1-5
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 6
Transportation – project and cumulative impacts to intersection capacities at
Madonna Road/Dalidio Drive and Los Osos Valley Road/Froom Ranch Way; impacts
to the Higuera Street segment between Prado and Madonna Road; cumulative impacts
to the U.S. 101 segment between Los Osos Valley Road and Madonna Road
The Planning Commission’s recommendations regarding the CEQA Findings and Statement
of Overriding Considerations will be forwarded to the City Council, which will need to adopt
them as the basis of CEQA compliance if it chooses to approve the proposed project.
4.0 PROJECT SUMMARY, DISCUSSION, AND ANALYSIS
4.1 Project Description Summary
The project is the development of a major new City neighborhood, which will be governed by
a Specific Plan, General Plan Amendment, subdivision, annexation, and other entitlements are
necessary to allow development of the San Luis Ranch area (formerly referred to as the Dalidio
property) as identified in the City’s General Plan. The project includes a mix of residential,
commercial, and office uses while preserving nearly half of the site as open space and agriculture
on a 131.3-acre property. The intent is for the project to be consistent with the development
parameters described in the City’s 2014 Land Use Element.
There are five major project components, which are listed below. The first two project
components were discussed and analyzed in detail in the May 24 staff report. In the case of
the Specific Plan, recommended modifications arising from the May 24 and 25 Planning
Commission hearings are discussed in section 3.1 of this staff report. The key elements of the
remaining three project components are summarized and discussed in the next sections of the
staff report.
San Luis Ranch Specific Plan
General Plan Amendment/Pre-Zoning
Development Plan/Vesting Tentative Tract Map
Term Sheet/Development Agreement
Annexation
4.2 Development Plan/Vesting Tentative Tract Map
The project includes a Development Plan/Vesting Tentative Tract Map (Attachment 2), which
addresses future residential development within the Specific Plan. The map includes details
that go well beyond those included in the Specific Plan, including information on lot locations,
roadways, drainage, grading, and other information typically associated with Tentative Maps.
It is intended to be consistent with the Specific Plan, implementing its policies, zoning
standards, and Design Guidelines. The Map also includes details regarding proposed roadways
and circulation improvements.
PC 1-6
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 7
Conditions of Approval for the Tentative Map are included in the attached Resolution
(Attachment 1). These conditions cover issues ranging from fire safety; transportation
infrastructure requirements; dedications and easements; utilities; grading, drainage, storm
water, and other infrastructure requirements; air quality; relocation of historic structures;
avigation easements; affordable housing; and natural resource protection. These are separate
from, and in addition to, the mitigation measures that are included in the Final EIR.
Staff’s review of the Tentative Map is that, as conditioned, it is consistent with the Specific
Plan, both in terms of development potential and design. The basic development parameters
allowed under the Map were described previously in the May 24 staff report for the project.
A future Tract Map (or Maps) would be required for the commercial phases (Phases 4-6) of
the project prior to approval of development within those portions of the Specific Plan.
4.3 Term Sheet/Development Agreement
Background and Overview
In April 2014, the City Council authorized City staff to begin a process for the City to enter
into a Development Agreement with the project applicant. A Development Agreement is a
legal tool that allows public agencies to gain public improvements beyond what would either
be required through a typical planning process or the CEQA process to address identified
impacts related to a project. A Development Agreement typically includes the payment of fees
needed to help implement such improvements. In exchange, a project applicant is provided
assurances related to future development, often with respect to timing. A Development
Agreement cannot be implemented unless the necessary underlying planning entitlements are
first approved, in this case, a Specific Plan, General Plan Amendment/Pre-Zoning, and Vesting
Tentative Tract Map. The site must also first be annexed to the City before its provisions
become effective.
Relationship Between Term Sheet and Development Agreement
For this project, a Draft Term Sheet (“Term Sheet”) has been prepared to form the basis of the
Development Agreement. The Planning Commission is requested to provide feedback and a
recommendation on the Term Sheet (Attachment 3). This Term Sheet represents the tentative
agreement between the applicant and the City on important areas related to the phased and
orderly development of the property. The Term Sheet serves as the basis for negotiating a
Development Agreement. Following review of the Term Sheet by the City Council, once
negotiations are completed, a full Development Agreement will be presented to the Planning
Commission before being presented to the City Council.
The Development Agreement works in parallel to other entitlements, and in the case of San
Luis Ranch, the proposed conditions of approval require its approval with a detailed
infrastructure financing plan before certain portions of the entitlement can take effect. The
Development Agreement would not change the development parameters included in the
Specific Plan, but would fine-tune their implementation, building on the Conditions of
Approval associated with the Vesting Tentative Tract Map.
PC 1-7
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 8
Legal Basis for the Development Agreement
A Development Agreement is a contract between a developer and a city (or county) in which
the city provides the developer with vested development rights for a defined period of years in
exchange for the developer providing “extraordinary” public or “community” benefits that
exceed what would otherwise be permissible by law, i.e. the land use regulation “police
powers” delegated to local government by the State of California.
Development Agreements are a unique planning tool authorized by statute pursuant to
Government Code section 65864 – 65869.5. A Development Agreement is an agreement
between the City and a property owner in which the parties agree to “freeze” all rules,
regulations, and policies that are place as of the execution of the agreement (Gov. Code Section
65866; Santa Margarita Area Residents Together v San Luis Obispo County Bd. of Supervisors
(2000) 84 CA4th 221). The Development Agreement structure, because it is a voluntary
negotiation process between a developer and city, may also allow a city to negotiate developer
concessions or contributions that it could not otherwise obtain from a developer through
normal exactions or conditions of approval.
In some circumstances, Development Agreements can provide both greater flexibility and
greater certainty in the development of large or complex projects. However, it should be noted
that Development Agreements are legislative acts and subject to referendum, so the flexibility
afforded by the tool is limited by community values.
Planning Commission Term Sheet Review
The attached Term Sheet (Attachment 3) covers 25 areas, ranging from required terms such
as length of term and permitted uses, to subject areas that are unique to the San Luis Ranch
Project such as water rights, dedication of public lands, infrastructure requirements, new taxes,
fees and exactions. Staff will provide an overview of the key points of the term sheet at the
Planning Commission meeting. The Term Sheet is intentionally broad because its terms are
based on the totality of the project as embodied in the Specific Plan, Conditions of Ap proval,
Development Plan, Property Tax Exchange Agreement, EIR, and various statutes and
Municipal Code requirements. Once it is clear what the entitlements include in their totality,
a full fiscal analysis will be prepared as the basis for discussing extraordinary public benefits
and the project’s carrying capacity in terms of infrastructure beyond its fair share.
It is important to note that the Planning Commission’s review does not constitute approval,
and the intent is to use the broad terms as a basis for crafting a Development Agreement. Staff
anticipates returning to the Planning Commission in Fall 2017 with a draft Development
Agreement. At that hearing, the Planning Commission will be required to make the following
findings (17.94.100) when making a recommendation to the City Council.
17.94.100 Planning commission hearing and recommendation.
The commission shall consider the proposed development agreement and shall make its
recommendation to the council. The recommendation shall include whether or not the
proposed development agreement meets the following findings:
PC 1-8
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 9
A. The proposed development agreement is consistent with the general plan and
any applicable specific plan;
B. The proposed development agreement complies with zoning, subdivision and
other applicable ordinances and regulations;
C. The proposed development agreement promotes the general welfare, allows
more comprehensive land use planning, and provides substantial public
benefits or necessary public improvements, making it in the city’s interest to
enter into the development agreement with the applicant; and
D. The proposed project and development agreement:
1. Will not adversely affect the health, safety or welfare of persons living or
working in the surrounding area;
2. Will be appropriate at the proposed location and will be compatible with
adjacent land uses; or
3. Will not have a significant adverse impact on the environment. (Ord. 1134
§ 1 (part), 1989)
4.4 Annexation
The project site is currently within unincorporated San Luis Obispo County, but within the
City’s Sphere of Influence as defined by the San Luis Obispo Local Agency Formation
Commission (LAFCo). In order for any City-approved entitlements to take effect, the site
must first be annexed to the City. Procedurally, this involves the City Council requesting that
LAFCo approve annexation of the project site. This request would occur following City
approval of project entitlements, and be implemented through a formal annexation application
authorized by City Council and compiled by City staff.
LAFCo would base its decision for approving the annexation on its policies related to City
annexations. These include the following:
1. The boundaries of a proposed annexation must be definite and certain and must
conform to lines of assessment whenever possible;
2. The proposed boundaries do not create or result in areas that are difficult to serve;
3. There is a demonstrated need for governmental services and controls in the area
proposed for annexation;
4. The municipality has the resources capable of meeting the need for services in the area
proposed for annexation and has submitted studies and information documenting its
ability to serve.
5. There is a mutual social and economic community of interest between the residents of
the municipality and the proposed territory;
6. The proposed annexation is compatible with the municipality’s general plan. The
PC 1-9
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 10
proposed annexation represents a logical and reasonable expansion of the annexing
municipality.
7. The Commission shall determine if a disadvantaged unincorporated community is
associated with an application. If a disadvantaged unincorporated community does
exist, the procedures for processing the annexation as outlined in the CKH Act shall be
implemented.
As a Responsible Agency, LAFCo would rely upon the Lead Agency’s (City of San Luis
Obispo) certified Final EIR to evaluate the proposed annexation. Although it may place
conditions of approval on an annexation, State Law precludes LAFCo from making decisions
directly related to the land use authority of any jurisdiction.
If the Planning Commission recommends approval of the Specific Plan and related
entitlements, it should also recommend that the City Council forward a request for annexation
to LAFCo. This is addressed within the attached Resolution (Attachment 1).
5.0 NEXT STEPS
If the Planning Commission recommends approval of the Specific Plan and related entitlements to
the City Council, these are the next steps in the process:
City Council Considers Project Approval. The City Council will review the Planning
Commission recommendations, and consider project approval. If approved, the City
Council will forward a request for annexation to the Local Agency Formation Commission
(LAFCo).
Annexation. LAFCo will consider the City’s application for annexing the project area into
the City.
Development Agreement. The City Council will review the Planning Commission
recommendation on the Development Agreement.
Project Development. Once annexed, the City’s approved project entitlements will become
effective, including development Agreement provisions.
6.0 ATTACHMENTS
1. Resolution recommending approval of project-related entitlements to the City Council
(including FEIR findings, Statement of Overriding Considerations, and mitigation
measures and project conditions associated with the Vesting Tentative Tract Map)
2. Development Plan/Vesting Tentative Tract Map
3. Draft Term Sheet
The San Luis Ranch Final EIR is not attached, but available for review online at the following
location: http://tinyurl.com/yapo7n24. Hardcopies are also available for review at the Community
Development Department (919 Palm Street), City Hall (990 Palm Street) and the City-County
Library (995 Palm Street).
PC 1-10
SPEC/ANNX/ER-1502-2015; 1035 Madonna Road (San Luis Ranch Project)
Planning Commission Report – June 7, 2017
Page 11
The San Luis Ranch Specific Plan (including updated Chapter 3, Neighborhood Form) is not
attached, but available for review online at the following location: https://tinyurl.com/y968ra5u
PC 1-11
RESOLUTION NO._____(2017 Series)
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SAN LUIS OBISPO
RECOMMENDING CERTIFICATION OF THE FINAL EIR FOR, AND
APPROVAL OF, THE SAN LUIS RANCH SPECIFIC PLAN, GENERAL
PLAN AMENDMENT, AND DEVELOPMENT PLAN/VESTING
TENTATIVE TRACT MAP NO. 3096
FOR PROPERTY LOCATED AT 1035 MADONNA ROAD
(SPEC/ANNX/ER-1502-2015 a.k.a. “SAN LUIS RANCH”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on the San Luis Ranch project May 24, May 25, and June 7, 2017; and
WHEREAS, the Planning Commission hearings were for the purpose of formulating and
forwarding recommendations to the City Council of the City of San Luis Obispo regarding the
project; and
WHEREAS, notices 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.
BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo to
recommend to the City Council certification of the Final Environmental Impact Report (EIR) and
approval of the San Luis Ranch Specific Plan, General Plan Amendment/Pre-Zoning, and
Development Plan/Vesting Tentative Tract Map (“San Luis Ranch Project”); and further
recommends that the City Council approve a Term Sheet to form the basis of a Development
Agreement, and upon project approval, initiate the annexation process. This resolution is based on
following CEQA Findings, Mitigation Measures, Specific Plan Modifications, and Map Conditions,
with associated Term Sheet and Annexation findings:
Section 1. CEQA Findings, Mitigation Measures and Mitigation Monitoring
Program. Based upon all the evidence, the Planning Commission makes the following CEQA
findings in support of the San Luis Ranch Project:
1. The San Luis Ranch Specific Plan Final Environmental Impact Report (FEIR) 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
PC 1-12
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 2 SPEC/ANNX/ER-1502-2015
2. The proposed project is consistent with the requirements of the San Luis Ranch Specific
Plan Final Environmental Impact Report (FEIR) as proposed based on the Findings and
Statement of Overriding Considerations, attached hereto as Exhibit A, and prepared consistent
with CEQA Guidelines Sections 15091 and 15093, and this approval incorporates those FEIR
mitigation measures as applicable to VTM#3096, as detailed below, and described more fully
in the attached “Findings of Fact and Statement of Overriding Considerations” document
(Exhibit A).
3. All potentially significant effects were analyzed adequately in the referenced FEIR, and
reduced to the extent feasible, provided the following mitigation measures are incorporated
into the project and the mitigation monitoring program.
SAN LUIS RANCH FEIR MITIGATION MEASURES
Agricultural Resources Mitigation
AG-1. Agricultural Conservation. Prior to issuance of any grading permits the project
proponent shall provide that for every one (1) acre of Important Farmland (Prime Farmland,
Farmland of Statewide Importance, and Unique Farmland) on the site that is permanently converted
to non-agricultural use as a result of project development, one (1) acre of land of comparable
agricultural productivity shall be preserved in perpetuity. The land dedicated to agriculture pursuant
to this measure shall be of size, location and configuration appropriate to maintain a viable, working
agricultural operation. The acreage required to meet the 1:1 ratio may be met by the off-site
agricultural conservation easement/deed restriction proposed by the project applicant, as long as this
land meets the conditions outlined in this measure. Said mitigation shall be satisfied by the applicant
through:
1) Granting a perpetual conservation easement(s), deed restriction(s), or other farmland
conservation mechanism(s) to the City or qualifying entity which has been approved by the
City, such as the Land Conservancy of San Luis Obispo, for the purpose of permanently
preserving agricultural land. The required easement(s) area or deed restriction(s) shall
therefore total a minimum of 56 acres of Prime Farmland. The land covered by said on -
and/or off-site easement(s) or deed restriction(s) shall be located within or contiguous to the
City’s Urban Reserve Line or Greenbelt subject to review and approval of the City’s Natural
Resources Manager; or
2) Making an in-lieu payment to a qualifying entity which has been approved by the City, such
as the Land Conservancy of San Luis Obispo, to be applied toward the future purchase of a
minimum of 56 acres of Prime Farmland in San Luis Obispo County, together with an
endowment amount as may be required. The payment amount shall be determined by the
qualifying entity or a licensed appraiser; or
3) Making an in-lieu payment to a qualifying entity which has been approved by the City and
that is organized for conservation purposes, to be applied toward a future perpetual
conservation easement, deed restriction, or other farmland conservation mechanism to
preserve a minimum of 56 acres of Prime Farmland in San Luis Obispo County. The amount
of the payment shall be determined by the qualifying entity or a licensed appraiser; or
Any combination of the above.
PC 1-13
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 3 SPEC/ANNX/ER-1502-2015
AG-3(a). Agricultural Conflict Avoidance Measures. The following language shall be added to
Section 4.2.1, Agricultural Buffer, of the San Luis Ranch Specific Plan:
“Agricultural buffers will include City-approved measures to reduce availability of public
access to agricultural cultivation areas adjacent to the project site (e.g., fencing, signs, etc.).
Future residents will be notified of agricultural buffers as part of purchase or lease
agreements.”
AG-3(b). Agricultural Fencing. The project applicant shall coordinate with the City to fund
installation of fencing and signs along Froom Ranch Way and Dalidio Drive/Prado Road to
minimize potential for increases in trespass and vandalism of adjacent agricultural areas.
AG-3(c). Buffer Landscaping. To reduce the potential for noise, dust, and pesticide drift to affect
future residents on the project site, the project applicant shall ensure that project landscape plans
include planting of a windrow of trees and shrubs within the agricultural buffer along Froom Ranch
Way at a sufficient density to buffer the site from surrounding agricultural operations.
Air Quality Mitigation
AQ-1. Encourage Telecommuting. The project applicant or developers of individual projects
within the Specific Plan Area shall include provisions to encourage employers within the proposed
commercial, office, and hotel components of the project to implement telecommuting programs and
include teleconferencing capabilities, such as web cams or satellite linkage, which will allow
employees to attend meetings remotely without requiring them to travel out of the area.
AQ-2(a). Fugitive Dust Control Measures. Construction projects 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 or a SLOAPCD-approved
dust suppressant shall be used whenever possible, to reduce the amount of potable water used for
dust control;
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;
PC 1-14
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 4 SPEC/ANNX/ER-1502-2015
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;
All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 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.
AQ-2(b). Standard Control Measures for Construction Equipment. 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 sue 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;
On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of
Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with
gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California based vehicles. In general, the regulation
specifies that drivers of said vehicles:
1. Shall not idle the vehicle's primary diesel engine for greater than 5-minutes at any location,
except as noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper
berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area,
except as noted in Subsection (d) of the regulation.
PC 1-15
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 5 SPEC/ANNX/ER-1502-2015
Off-road diesel equipment shall comply with the 5-minute idling restriction identified in Section
2449(d)(2) of the California Air Resources Board's In-Use Off-Road Diesel regulation.
Signs shall be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5 minute idling limit;
In addition to the state required diesel idling requirements, the project applicant shall comply
with these more restrictive requirements to minimize impacts to nearby sensitive receptors:
1. Signs that specify the no idling areas shall be posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
3. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
4. Use of alternative fueled equipment is recommended;
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 (CNG), liquefied natural gas (LNG), propane or biodiesel.
AQ-2(c). Best Available Control Technology (BACT) for Construction Equipment. The
following BACT for diesel-fueled construction equipment shall be implemented during construction
activities at the project site, where feasible:
Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road
compliant engines where feasible;
Repowering equipment with the cleanest engines available; and
Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
AQ-2(d). Architectural Coating. To reduce ROG and NOX levels during the architectural
coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less.
AQ-2(e). Construction Activity Management Plan. Emissions reduction measures and
construction practices required to comply with Mitigation Measures AQ-2(a) through AQ-2(d) shall
be documented in a Construction Activity Management Plan (CAMP) and submitted to SLOAPCD
for review and approval at least three months before the start of construction. The CAMP shall
include a Dust Control Management Plan, tabulation of on and off-road construction equipment
(age, horse-power and miles and/or hours of operation), construction truck trip schedule,
construction work-day period, and construction phasing. If implementation of the Standard
Mitigation and Best Available Control Technology measures cannot bring the project below the Tier
1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be implemented in
coordination with SLOAPCD to reduce NOX and ROG emissions to below the Tier 1 threshold.
AQ-3(a). Standard Operational Mitigation Measures. Prior to issuance of grading permits, the
applicant shall define and incorporate into the San Luis Ranch Specific Plan standard emission
PC 1-16
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 6 SPEC/ANNX/ER-1502-2015
reduction measures from the SLOAPCD CEQA Air Quality Handbook to reduce emissions to below
daily threshold levels. Emission reduction measures shall include, but would not be limited to:
Increase the building energy rating by 20 percent above 2013 Title 24 requirements (used in the
California Emissions Estimator Model) or consistent with 2016 Title 24 requirements, whichever
is stricter. Measures used to reach the 20 percent rating cannot be double counted;
Utilize onsite renewable energy systems (e.g., solar, wind, geothermal, low-impact hydro,
biomass and bio-gas); and
In addition, the proposed hotel component of the Specific Plan shall participate in the SLO Car
Free Program, provide incentives to car-free travelers, and promote the program in their
communication tools.
AQ-3(b). Off-Site Mitigation. If implementation of standard emission reduction measures from the
SLOAPCD CEQA Air Quality Handbook described in Mitigation Measure AQ-3(a) is insufficient
to reduce emissions to below daily threshold levels, then the applicant shall coordinate with
SLOAPCD to provide funding for off-site emission reduction measures to reduce emissions to
below daily threshold levels. In accordance with SLOAPCD methodology, the excess emissions
shall be multiplied by the cost effectiveness of mitigation as defined in the State’s current Carl
Moyer Incentive Program Guidelines to determine the annual off-site mitigation amount. This
amount shall then be extrapolated over the life of the project to determine total off-site mitigation.
Off-site emission reduction measures may include, but would not be limited to:
Developing or improving park-and-ride lots;
Retrofitting existing homes in the project area with SLOAPCD-approved wood combustion
devices;
Retrofitting existing homes in the project area with energy-efficient devices;
Constructing satellite worksites;
Funding a program to buy and scrap older, higher emission passenger and heavy-duty vehicles;
Replacing/re-powering transit buses;
Replacing/re-powering heavy-duty diesel school vehicles (i.e. bus, passenger or maintenance
vehicles);
Funding an electric lawn and garden equipment exchange program;
Retrofitting or re-powering heavy-duty construction equipment, or on-road vehicles;
Re-powering marine vessels;
Re-powering or contributing to funding clean diesel locomotive main or auxiliary engines;
Installing bicycle racks on transit buses;
Purchasing particulate filters or oxidation catalysts for local school buses, transit buses or
construction fleets;
Installing or contributing to funding alternative fueling infrastructure (i.e. fueling stations for
CNG, LPG, conductive and inductive electric vehicle charging, etc.);
PC 1-17
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 7 SPEC/ANNX/ER-1502-2015
Funding expansion of existing transit services;
Funding public transit bus shelters;
Subsidizing vanpool programs;
Subsidizing transportation alternative incentive programs;
Contributing to funding of new bike lanes;
Installing bicycle storage facilities; and
Providing assistance in the implementation of projects that are identified in City or County
Bicycle Master Plans.
Biological Resources Mitigation
BIO-1(a). Best Management Practices. The applicant shall ensure the following general wildlife
Best Management Practices (BMPs) are required for construction activity within the San Luis Ranch
Specific Plan 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 100 feet
from Prefumo 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 (RWQCB).
Prior to construction activities in areas adjacent to Prefumo Creek and Cerro San Luis Channel,
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 20 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.
To control sedimentation during and after project implementation, appropriate erosion control
BMPs (e.g., use of coir rolls, jute netting, etc.) shall be implemented to minimize adverse effects
on Prefumo Creek. No plastic monofilament netting shall be utilized on site.
Construction equipment shall be inspected at the beginning of each day to ensure that wildlife
species have not climbed into wheel wells or under tracks since the equipment was last parked.
Any sensitive wildlife species found during inspections shall be gently encouraged to leave the
area by a qualified biological monitor or otherwise trained personnel.
All vehicles and equipment shall be in good working condition and free of leaks.
PC 1-18
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 8 SPEC/ANNX/ER-1502-2015
Environmentally Sensitive Areas shall be delineated by a qualified biologist prior to construction
to confine access routes and construction areas.
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. No construction night
lighting shall be permitted within 100 yards of the top of the Prefumo Creek bank.
Concrete truck and tool washout shall be limited to locations designated by a qualified biologist
such that no runoff will reach Prefumo Creek or Cerro San Luis Channel.
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.
Existing facilities and disturbed areas shall be used to the extent possible to minimize the amount
of disturbance and all new access roads other than the Froom Ranch Way Bridge shall be cited
to avoid high quality habitat and minimize habitat fragmentation.
In the event that construction must occur within the creek or creek setback, a biological monitor
shall be present during all such activities with the authority to stop or redirect work as needed to
protect biological resources.
BIO-1(b). Worker Environmental Awareness Program Training. Prior to the initiation of
construction activities (including staging and mobilization), the applicant shall ensure all personnel
associated with project construction 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 WEAP and
understand the information presented to them.
BIO-1(c). Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and
Minimization. The applicant shall ensure the following actions are implemented to avoid and
minimize potential impacts to western pond turtle and two-striped garter snake (these reptiles utilize
similar habitats; therefore, implementation of the proposed measures for western pond turtle are also
suitable and appropriate for two-striped garter snake):
A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the onset
of work activities within and around areas that may serve as potential western pond turtle habitat.
If this species is found and the individuals are likely to be injured or killed by work activities, the
approved biologist shall be allowed sufficient time to move them from the project site before
work activities begin. The biologist(s) must relocate the any western pond turtle the shortest
PC 1-19
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 9 SPEC/ANNX/ER-1502-2015
distance possible to a location that contains suitable habitat that is not likely to be affected by
activities associated with the project.
Access routes, staging, and construction areas shall be limited to the minimum area necessary to
achieve the project goal and minimize potential impacts to western pond turtle habitat including
locating access routes and construction staging areas outside of wetlands and riparian areas to the
maximum extent practicable.
BIO-1(d). California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact
Avoidance and Minimization. The applicant shall implement the following to avoid and minimize
potential impacts to CRLF. Because coast range newt and western spadefoot are amphibians that
utilize similar habitats to CRLF, implementation of the following measures provided for CRLF shall
be implemented for these species as well.
Only USFWS-approved biologists shall participate in activities associated with the capture,
handling, and monitoring of CRLF.
Ground disturbance shall not begin until written approval is received from the USFWS that the
biologist is qualified to conduct the work. If the USFWS does not authorize the relocation of
CRLF occurring within the project site, CRLF found within the project site shall be avoided with
a 100-foot buffer and no activities shall occur within that buffer until the CRLF has left the project
site on its own.
Areas of the project site that lie within 100 feet upland from riparian or jurisdictional areas shall
be surrounded by a solid temporary exclusion fence (such as silt fencing) that shall extend at least
three feet above the ground and be buried into the ground at least 6 inches to exclude CRLF from
the project site. Plastic monofilament netting or other similar material will not be used. The
location of the fencing shall be determined by a qualified biologist. The fence shall remain in
place throughout construction activities. Installation of the exclusion fencing shall be monitored
by a qualified biologist to ensure that it is installed correctly.
During new grading activities in habitats within 100 feet upland from riparian or jurisdictional
areas, a qualified biologist shall be on-site to recover any spadefoot toads that may be
excavated/unearthed with native material or found under vegetation. If the animals are in good
health, they shall be immediately relocated to a designated release area. If they are injured, the
animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to
be released into the designated release area.
To ensure that diseases are not conveyed between work sites by the approved biologist, the
fieldwork code of practice developed by the Declining Amphibian Populations Task Force shall
be followed at all times.
BIO-1(e). Steelhead Impact Avoidance and Minimization. The applicant shall ensure the
following actions are undertaken to avoid and minimize potential impacts to steelhead:
Before any activities begin on the project, a qualified biologist will conduct a training session for
all construction personnel. At a minimum, the training will include a description of the steelhead
and its habitat, the specific measures that are being implemented to conserve this species for the
project, and the boundaries within which the project may be accomplished. Brochures, books,
and briefings may be used in the training session, provided that a qualified person is on hand to
answer any questions.
PC 1-20
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 10 SPEC/ANNX/ER-1502-2015
During the duration of project activities, all trash that may attract predators will be properly
contained and secured, promptly removed from the work site, and disposed of regularly.
Following construction, all trash and construction debris will be removed from the work areas.
All refueling, maintenance, and staging of equipment and vehicles will occur at least 100 feet
from riparian habitat or bodies of water and in a location where a potential spill would not drain
directly toward aquatic habitat (e.g., on a slope that drains away from the water source). The
monitor shall ensure that contamination of suitable habitat does not occur during such operations.
Prior to the onset of work activities, a plan must be in place for prompt and effective response to
any accidental spills. All workers shall be informed of the importance of preventing spills and of
the appropriate measures to take should an accidental spill occur.
The number of access routes, size of staging areas, and the total area used for construction
activities shall be limited to the minimum area necessary to achieve the project goals.
The City will only permit work within the immediate vicinity of Prefumo Creek for times of the
year when potential impacts to steelhead would be minimal. Work shall be restricted during the
wet season (October 15 through April 30) and should ideally occur during the late summer and
early fall during the driest portion of the year; however, water may still be present during
construction. If work is proposed in the streambed and water is present during construction, a
diversion will be required to dewater the work area and the following avoidance and minimization
measures will apply:
(1) Upstream and downstream passage for fish, including juvenile steelhead, shall be provided
through or around the construction site at all times construction is occurring within the
Prefumo Creek streambed.
(2) A qualified biologist shall conduct a pre-construction survey and be present onsite during
the diversion installation and dewatering process to capture and relocate any trapped
steelhead and/or other fish. Upon approval from the NMFS, the biologist(s) must relocate
these individuals the shortest distance possible to a location that contains suitable habitat
that is not likely to be affected by activities associated with the project.
(3) Dewatering operations shall employ a five millimeter mesh screen fastened to the intake
hose to exclude fish and other wildlife species from the pump.
(4) Steelhead shall be excluded from the construction zone with block nets installed upstream
and downstream the of the bridge construction zone. The distance upstream and
downstream for block net installation will depend on the type of construction activities
occurring in the streambed.
To control sedimentation during and after project implementation, the following BMPs shall be
implemented. If the BMPs are somehow ineffective, consultation with the City and appropriate
resource agencies will be undertaken, and all attempts to remedy the situation will commence
immediately.
(1) It shall be the owner’s/contractor’s responsibility to maintain control of the entire
construction operations and to keep the entire site in compliance.
(2) The owner/contractor shall be responsible for monitoring erosion and sediment control
measures (including but not limited to fiber rolls, inlet protections, silt fences, and gravel
bags) prior, during and after storm events, monitoring includes maintaining a file
PC 1-21
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 11 SPEC/ANNX/ER-1502-2015
documenting onsite inspections, problems encountered, corrective actions, and notes and a
map of remedial implementation measures.
(3) Erosion shall be controlled by covering stockpiled construction materials (i.e. soil, spoils,
aggregate, fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic yards that are not actively
being used, consistent with the applicable construction general permit, or through other
means of erosion control approved by the City (e.g., surrounding with straw bales or silt
fencing). The site shall be maintained to minimize sediment-laden runoff to any storm
drainage system including existing drainage swales and/or sand watercourses.
(a) Construction operations shall be carried out in such a manner that erosion and water
pollution will be minimized.
(b) State and local laws concerning pollution abatement shall be complied with.
(c) If grading operations are expected to denude slopes, the slopes shall be protected with
erosion control measures immediately following grading on the slopes.
(4) Specifically, in order to prevent sedimentation and debris from entering Prefumo Creek
during construction, silt fencing shall be installed along the top of the banks on the west
side of the channel prior to the onset of construction activities.
• The project biologist will monitor construction activities, in stream habitat, and overall
performance of BMPs and sediment controls for the purpose of identifying and reconciling any
condition that could adversely affect steelhead or their habitat. The biologist will halt work if
necessary and will recommend site-specific measures to avoid adverse effects to steelhead and
their habitat.
• Equipment will be checked daily for leaks prior to the initiation of construction activities. A spill
kit will be placed near the creek and will remain readily available during construction in the event
that any contaminant is accidentally released.
• In addition to these avoidance and minimization measures, Mitigation Measure BIO -2(a) would
also ensure that potential temporary and permanent indirect impacts to steelhead from the project
are reduced as much as practicable.
BIO-1(f). Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization . The
applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts
to overwintering monarch butterflies and nesting great blue herons.
• Tree trimming/removal and construction activities that affect eucalyptus trees near or within the
monarch overwintering grove or active great blue heron nests identified in the San Luis Ranch
Monarch Trees Inspection Memo, Results of 2015 and 2016 San Luis Ranch Heron Rookery
Surveys Memo, and San Luis Ranch – Prefumo Creek Widening Biological Constraints Memo
prepared by Althouse and Meade (FEIR Appendix F), shall not be conducted during the monarch
butterfly overwintering season from October 1 through March 31 if monarch butterflies are
present, or while great blue heron nests are active from February 1 to August 31. If construction
activities must be conducted during these periods, a qualified biologist shall conduct
overwintering monarch surveys and/or nesting great blue heron surveys within one week of
habitat disturbance. If surveys do not locate clustering monarchs or nesting great blue herons,
construction activities may be conducted. If clustering monarchs and/or nesting great blue herons
are located, no construction activities shall occur within 100 feet of the edge of the overwintering
PC 1-22
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 12 SPEC/ANNX/ER-1502-2015
grove and/or active nest(s) until the qualified biologist determines that no more monarchs are
overwintering in the grove or the nest(s) are no longer active.
• A qualified biologist shall prepare and implement a habitat enhancement plan prior to issuance
of grading permits to enhance and restore overwintering and nesting habitat that is to be
preserved. The habitat enhancement plan shall include native shrubs and trees such as Monterey
Cypress (Hesperocyparis macrocarpa) that may support heron roosting and monarch butterfly
overwintering. As eucalyptus trees senesce, they shall be replaced with native species. Native
trees and shrubs shall also be used to supplement gaps in canopy or act as windbreaks.
• Create new offsite nesting habitat for great blue herons to mitigate for removal of onsite nesting
habitat. With a qualified biologist present, the current rookery may be moved to a suitable offsite
location where the same great blue herons can resume nesting, following methods detailed in
Crouch et al. (2002). It should be noted that creating offsite nesting habitat for great blue herons
is experimental and that the relocation techniques described in Crouch et al. (2002) were used to
relocate black-crowned night heron (Nycticorax nycticorax). In addition, an agreement with the
City will be required prior to implementation of the offsite strategy on their property. The
methods detailed in Crouch et al. (2002) include:
(a) This entails at least one year of pre-construction monitoring of the rookery, where the
timing of rookery activities will be noted: arrival of breeding adults, egg laying, hatching,
and fledging. During this time, audio recordings of adults and juveniles shall be made.
(b) Following the completion of the nesting season in late summer, a certified arborist
specializing in the translocation of trees will examine the mature trees onsite and work with
the City’s Natural Resources Manager to determine whether or not it is feasible to relocate
the mature trees containing nests across Madonna Road to a suitable location at Laguna
Lake Open Space.
(c) Prior to the start of the next nesting season (based on timing of adult arrival in previous
years), nesting adults will be recruited to the new location via decoys and playback of
vocalizations. The new location will be monitored regularly by a qualified biologist for the
following three breeding seasons.
BIO-1(g). Nesting Birds Impact Avoidance and Minimization. The applicant shall ensure the
following actions are 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 shall be conducted by a qualified biologist no more than 14 days prior
to vegetation removal. 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 construct ion
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.
PC 1-23
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 13 SPEC/ANNX/ER-1502-2015
If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to occur
in the fall and winter (between September 1 and February 14), after fledging and before the
initiation of the nesting season.
BIO-1(h). Roosting Bats Impact Avoidance and Minimization. The applicant shall ensure the
following actions are 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 over 20 inches diameter-at-breast-height (DBH), 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 shall be
installed in similar habitat and should have similar cavity or crevices properties to those wh ich
are removed, including access, ventilation, dimensions, height above ground, and thermal
conditions. Maternal bat colonies may not be disturbed.
BIO-2(a). Habitat Mitigation and Monitoring Plan. A Habitat Mitigation and Monitoring Plan
(HMMP) shall be prepared which will provide a minimum 2:1 ratio (replaced: removed) for
temporary and permanent impacts to riparian habitat. The HMMP will identify the specific
mitigation sites and it will be implemented immediately following project completion. The HMMP
shall include, at a minimum, the following components:
Description of the project/impact site (i.e. location, responsible parties, areas to be impacted by
habitat type);
Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established,
restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be
established, restored, enhanced, and/or preserved];
Description of the proposed compensatory mitigation site (location and size, ownership status,
existing functions and values of the compensatory mitigation site);
Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan [including
plant species to be used, container sizes, seeding rates, etc.]);
Maintenance activities during the monitoring period, including weed removal and irrigation as
appropriate (activities, responsible parties, schedule);
PC 1-24
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 14 SPEC/ANNX/ER-1502-2015
Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring
for the first year (performance standards, target functions and values, target acreages to be
established, restored, enhanced, and/or preserved, annual monitoring reports);
Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum,
at least 80 percent survival of container plants and 80 percent relative cover by vegetation type;
An adaptive management program and remedial measures to address negative impacts to
restoration efforts;
Notification of completion of compensatory mitigation and agency confirmation; and
Contingency measures (initiating procedures, alternative locations for contingency compensatory
mitigation, funding mechanism).
BIO-2(b). Tree Replacement. Riparian trees four inches or greater measured at diameter-at-breast-
height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees 24
inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows and
cottonwoods may be planted from live stakes following guidelines provided in the California
Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and container stock
(CDFW 2010).
Tree replacement shall be conducted in accordance with a Natural Habitat Restoration and
Enhancement Plan to be approved by the City’s Natural Resource Manager.
The Natural Habitat Restoration and Enhancement Plan shall prioritize the planting of
replacement trees on-site where feasible, but shall allow that replacement trees may be planted
off-site with approval of the City’s Natural Resource Manager.
Replacement trees may be planted in the fall or winter of the year in which trees were removed.
All replacement trees will be planted no more than one year following the date upon which the
native trees were removed.
BIO-2(c). Froom Ranch Way Bridge Design to Avoid Riparian Areas. The Froom Ranch Way
Bridge crossing footings shall be placed outside mapped riparian areas. The placement of the bridge
and footings shall be indicated on the Development Plan, VTM, and HMMP, and shall show the
bridge’s placement in relation to existing vegetation and the bed and bank of Prefumo Creek.
Cultural Resources Mitigation
CR-1(a). Historical Structure Relocation and Reconstruction Plan. In order to implement
Specific Plan Policy 2.5, a relocation and reconstruction plan for the former spectator’s
barn/viewing stand, main residence, and main barn shall be developed by a qualified historic
architect. The plan shall include a structural/architectural report documenting existing integrity and
conditions and include detailed treatment methods and measures to ensure that historic integrity is
retained and that all identified character defining features will be preserved.
CR-1(b). Archival Documentation of Historic Buildings. The applicant shall provide archival
documentation of the San Luis Ranch Complex in as-built and as-found condition in the form of an
PC 1-25
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 15 SPEC/ANNX/ER-1502-2015
Historic American Building Survey (HABS) Level II documentation. The documentation shall
comply with the Secretary of the Interior’s Standards for Architectural and Engineering
Documentation (NPS 1990), and shall include large-format photographic recordation, detailed
historic narrative report, and compilation of historic research. The documentation shall be completed
by a qualified architectural historian or historian who meets the Secretary of the Interior’s
Professional Qualification Standards for History and/or Architectural History (NPS 1983). The
original archival-quality documentation shall be offered as donated material to the History Center
of San Luis Obispo County. Archival copies of the documentation shall also be submitted to the San
Luis Obispo County Library.
CR-1(c). Informational Display of Historic Resources. A retrospective interpretive display
detailing the history of the San Luis Ranch Complex and the project site, its significance, and its
important details and features shall be developed by the applicant. The information should be
incorporated into a publicly-accessed building on the project site, such as the proposed Agricultural
Heritage Facilities and Learning Center, or a publicly-accessed outdoor location. The display shall
include images and details from the HABS documentation described in Mitigation Measure CR-
1(b) and any collected research pertaining to the historic property. The content shall be prepared by
a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional
Qualification Standards for History and/or Architectural History (NPS 1983).
CR-2(a). Retain a Qualified Principal Investigator. In accordance with 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 at or 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.
CR-2(b). Unanticipated Discovery of Archaeological Resources. In the event that archaeological
resources are exposed during construction, all work shall be halted in the vicinity of the
archaeological discovery until a qualified archaeologist can visit the site of discovery and assess the
significance of the cultural resource. In the event that any artifact or an unusual amount of bone or
shell is encountered during construction, work shall be immediately stopped and relocated to another
area. The lead agency shall stop construction within 100 feet of the exposed resource until a qualified
archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1 and CCR, Title 14, Section
15064.5[f]). Examples of such cultural materials might include: ground stone tools such as mortars,
bowls, pestles, and manos; chipped stone tools such as projectile points or choppers; flakes of stone
not consistent with the immediate geology such as obsidian or fused shale; historic trash pits
containing bottles and/or ceramics; or structural remains. If the resources are found to be significant,
they must be avoided or will be mitigated consistent with State Historic Preservation Office (SHPO)
Guidelines.
PC 1-26
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 16 SPEC/ANNX/ER-1502-2015
Hazardous Materials Mitigation
HAZ-4. Soil Sampling and Remediation. Prior to issuance of any grading permits, a contaminated
soil assessment shall be completed in the portions of land to be graded for development. Soil samples
shall be collected under the supervision of a professional geologist or environmental professional to
determine the presence or absence of contaminated soil in these areas. The sampling density shall
be in accordance with guidance from San Luis Obispo County Environmental Health Services, so
as to define the volume of soil that may require remediation. Laboratory analysis of soil samples
shall be analyzed for the presence of organochlorine pesticides, in accordance with EPA Test
Method SW8081A, and heavy metals in accordance with EPA Test Methods 6010B and 7471A. If
soil sampling indicates the presence of pesticides or heavy metals exceeding applicable
environmental screening levels, the soil assessment shall identify the volume of contaminated soil
to be excavated.
If concentrations of contaminants exceed EPA action levels and therefore warrant remediation,
contaminated materials shall be remediated either prior to concurrent with construction and an
Environmental Site Assessment (ESA) shall be prepared. Cleanup may include excavation, disposal,
bio-remediation, or any other treatment of conditions subject to regulatory action. All necessary
reports, regulations and permits shall be followed to achieve cleanup of the site. The contaminated
materials shall be remediated under the supervision of an environmental consultant licensed to
oversee such remediation and under the direction of the lead oversight agency. The remediation
program shall also be approved by a regulatory oversight agency, such as the San Luis Obispo
County Environmental Health Services, the Regional Water Quality Control Board (RWQCB), or
DTSC. All proper waste handling and disposal procedures shall be followed. Upon completion of
the remediation, the environmental consultant shall prepare a report summarizing the project, the
remediation approach implemented, and the analytical results after completion of the remediation,
including all waste disposal or treatment manifests.
HAZ-6. Naturally Occurring Asbestos Exposure Avoidance and Minimization:
a. Prior to earthwork activities, a site-specific health and safety plan shall be developed per
California Occupational Safety and Health Administration (CalOSHA) requirements. The plan
shall include appropriate health and safety measures if NOA is detected in soil or bedrock
beneath the project site. All construction workers that have the potential to come into contact
with contaminated soil/bedrock and groundwater shall be knowledgeable of the requirements in
the health and safety plan, which includes proper training and personal protective equipment.
The health and safety plan shall prescribe appropriate respiratory protection for construction
workers.
b. Prior to beginning construction, a soil and bedrock analysis for asbestos using polarized light
microscopy and transmission electron microscopy by a qualified laboratory shall be conducted.
Samples of soil shall be collected from multiple locations across the site, and bedrock samples
shall be collected from locations where excavation into bedrock is anticipated. If NOA is
detected, appropriate regulations pertaining to excavation, removal, transportation, and disposal
of NOA shall be followed. The sampling strategy shall take into account the locations of
potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil
and/or groundwater. The results of the investigation shall be documented in a report that is
signed by a California Professional Geologist. The report shall include recommendations based
PC 1-27
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 17 SPEC/ANNX/ER-1502-2015
upon the findings for additional investigation/remediation if contaminants are detected above
applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor
extraction, or in situ bioremediation).
c. During earthwork activities, appropriate procedures shall be incorporated in the event that NOA
is detected in soil or bedrock beneath the project site. These procedures shall be followed to
eliminate or minimize construction worker or general public exposure to potential contaminants
in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation
debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation
of contaminated soil from uncontaminated soil. The applicable regulations associated with
excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g.,
tarping of trucks and waste manifesting). These procedures may be subject to San Luis Obispo
APCD requirements under the California ARB ATCM for Construction, Grading, Quarrying,
and Surface Mining Operations.
Hydrology and Water Quality Mitigation
HWQ-1(a). Stormwater Pollution Prevention Plan. All required actions shall be implemented
pursuant to a SWPPP and SWMP to be prepared by the project applicant and submitted by the City
to the Regional Water Quality Control Board under the NPDES Phase II program. At a minimum,
the SWPPP/SWMP shall including the following BMPs:
The use of sandbags, straw bales, and temporary de-silting basins during project grading and
construction during the rainy season to prevent discharge of sediment-laden runoff into
stormwater facilities;
Revegetation as soon as practicable after completion of grading to reduce sediment transport
during storms;
Installation of straw bales, wattles, or silt fencing at the base of bare slopes before the onset of
the rainy season (October 15th through April 15th);
Installation of straw bales, wattles, or silt fencing at the project perimeter and in front of storm
drains before the onset of the rainy season (October 15th through April 15th); and/or
Alternative BMPs as approved by the RWQCB as part of the SWPPP submittal.
HWQ-1(b). Berms and Basins. As specified in the SWPPP, the applicant shall be required to
manage and control runoff by constructing temporary berms, sediment basins, runoff diversions, or
alternative BMP’s as approved by the RWQCB as part of the SWPPP submittal, in order to avoid
unnecessary siltation into local streams during construction activities where grading and
construction shall occur in the vicinity of such streams.
Berms and basins shall be constructed when grading commences and be periodically inspected
and maintained. The project applicant shall sufficiently document, to the CCRWQCB
satisfaction, the proper installation of such berms and basins during grading.
HWQ-1(c). Concept Grading Plan and Master Drainage Plan. As specified in the SWPPP and
the City’s Floodplain Management Regulations, the applicant shall be required to submit a Grading
PC 1-28
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 18 SPEC/ANNX/ER-1502-2015
Plan and Master Drainage Plan to the Planning Division and City Public Works Director for
approval prior to approval of the VTTM. The grading and drainage plans shall be designed to
minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the
project’s SWPPP. The plans shall include the following:
a. Graded areas shall be revegetated with deep-rooted, native, non-invasive drought tolerant
species to minimize slope failure and erosion potential. Geotextile fabrics shall be used if
necessary to hold slope soils until vegetation is established;
b. Temporary storage of construction equipment shall be limited to a minimum of 100 feet away
from drainages on the project site; and
c. Erosion control structures shall be installed.
d. Demonstrate peak flows and runoff for each phase of construction.
e. Be coordinated with habitat restoration efforts, including measures to minimize removal of
riparian and wetland habitats and trees (Mitigation Measures BIO-2[a] and BIO-2[b]).
Grading and drainage plans shall be submitted for review and approval by the Planning Division.
The applicant shall ensure installation of erosion control structures prior to beginning of
construction of any structures, subject to review and approval by the City.
HWQ-3(a). Stormwater Quality Treatment Controls. BMP devices shall be incorporated into
the stormwater quality system depicted in the Master Drainage Plan (refer to Mitigation Measure
HWQ-1[c]). The final design of the stormwater quality system shall be reviewed and approved by
the City. The Master Drainage Plan shall contain the following relevant BMPs:
Vegetated bioswales to reduce sediment and particulate forms of metals and other pollutants
along corridors of planted grasses.
Vegetated buffer strips to reduce sediment and particulate forms of metals and nutrients.
HWQ-3(b). Stormwater BMP Maintenance Manual. The project applicant shall prepare a
development maintenance manual for the stormwater quality system BMPs (refer to Mitigation
Measure HWQ-3[a]). The maintenance manual shall include detailed procedures for maintenance
and operations of all stormwater facilities to ensure long-term operation and maintenance of post-
construction stormwater controls. The maintenance manual shall require that stormwater BMP
devices be inspected, cleaned, and maintained in accordance with the manufacturer’s maintenance
specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season
(i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual
shall also require that all devices be checked after major storm events.
HWQ-3(c). Stormwater BMP Semi-Annual Maintenance Report. The property manager(s) or
acceptable maintenance organization shall submit to the City of San Luis Obispo Public Works
Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all
private stormwater facilities, BMPs, and any necessary maintenance activities on a semi -annual
basis (October 15th and May 15th of each year). The requirement for maintenance and report
submittal shall be recorded against the property.
PC 1-29
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 19 SPEC/ANNX/ER-1502-2015
HWQ-4. Conditional Letter of Map Revision/Letter of Map Revision. The applicant, in
conjunction with the City of San Luis Obispo, shall prepare the CLOMR application and obtain a
LOMR from FEMA.
Noise Mitigation
N-1(a). Construction Vehicle Travel Route. Construction vehicles and haul trucks shall utilize
roadways which avoid residential neighborhoods and sensitive receptors where possible. The
applicant shall submit a proposed construction vehicle and hauling rou te for City review and
approval prior to grading/building permit issuance. The approved construction vehicle and hauling
route shall be used for soil hauling trips prior to construction as well as for the duration of
construction.
N-1(b). Construction Activity Timing. Except for emergency repair of public service utilities, or
where an exception is issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall occur daily
between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after sunset, such
that the sound creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA
for multi-family residential, and 85 dBA for mixed residential/commercial land uses across a
residential or commercial property line.
N-1(c). Construction Equipment Best Management Practices (BMPs). For all construction
activity at the project site, 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 65 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 Da y).
Temporary sound barriers shall be constructed between construction sites and affected uses.
N-1(d). Neighboring Property Owner Notification and Construction Noise Complaints. The
contractor shall inform residents and business operators at properties within 300 feet of the project
site of proposed construction timelines and noise complaint procedures to minimize potential
PC 1-30
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 20 SPEC/ANNX/ER-1502-2015
annoyance related to construction noise. Proof of mailing the notices shall be provided to the
Community Development Department before the City issues a zoning clearance. Signs shall be in
place before beginning of and throughout grading and construction activities. Noise-related
complaints shall be directed to the City’s Community Development Department.
N-4(a). HVAC Equipment. Retail HVAC equipment shall be shielded and located on building
rooftops, or a minimum of 100 feet from the nearest residential property line.
N-4(b). Parking Lot/Loading Dock Orientation and Noise Barrier. If parking areas or loading
docks would be located within 250 feet of the residential properties to the west, a masonry noise
barrier shall be installed along the eastern boundary of the proposed residences adjacent to the
commercial land use area on the eastern portion of the project site. The noise barrier shall be
constructed of any masonry material with a surface density of at least three pounds per square foot,
and shall have no openings or gaps.
N-5(a). Interior Noise Reduction. The project applicant shall implement the following measures,
or similar combination of measures, which demonstrate that interior noise levels in proposed
residences adjacent to Froom Ranch Way and Madonna Road, hotel, and offices would be reduced
below the City’s 45 dBA CNEL interior noise standard. The required 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 (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 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 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 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
PC 1-31
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 21 SPEC/ANNX/ER-1502-2015
residential, hotel, and office components of the project would achieve interior noise levels that
would not exceed 45 dBA CNEL.
N-5(b). Residential Outdoor Activity Area Noise Attenuation. Outdoor activity areas (e.g., patios
and hotel pool areas) associated with shared multifamily residential recreational spaces, hotel,
commercial, and office uses shall be protected from sound intrusion so that they meet the City’s
exterior standard of 60 dBA CNEL. Outdoor activity areas shall be oriented away from traffic noise
such that intervening buildings reduce traffic noise or shall include noise barriers capable of
reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall be located a
minimum of 500 feet from the U.S. 101 right-of-way. Noise barriers may be constructed of a
material such as tempered glass, acrylic glass, or masonry material with a surface density of at least
three pounds per square foot, and shall have no openings or gaps. The applicant shall submit a report
to the Community Development Department by a qualified acoustic consultant certifying that the
specific outdoor noise reduction techniques in combination with the orientation of outdoor activity
areas of shared multifamily residential recreational spaces, hotel, commercial, and offices would
achieve exterior noise levels that would not exceed 60 dBA CNEL.
N-5(c). Froom Ranch Way Noise Barrier. A masonry noise barrier or alternative barrier, such as
a landscaped berm, shall be installed along the southern property line of residential lots that abut
Froom Ranch Way to protect outdoor activity areas (patios and pools) at these residences from sound
intrusion from traffic along Froom Ranch Way. The noise barrier or berm shall provide, at minimum,
a 6 foot high barrier between Froom Ranch Way and the neighboring residences from the final grade
of whichever use (i.e., Froom Ranch Way or residences) has a higher final elevation. If a masonry
noise barrier is implemented, the noise barrier shall be constructed of any masonry material with a
surface density of at least three pounds per square foot, and shall have no openings or gaps. If an
alternative material is used, the developer shall submit a report to the Community Development
Department by a qualified acoustical consultant certifying that the specific exterior noise reduction
techniques included would achieve exterior noise levels that would not exceed 60 dBA CNEL.
N-5(d). U.S. Highway 101 Noise Barrier at Hotel. If the hotel includes an outdoor activity area
(such as a patio or pool) a masonry noise barrier or alternative barrier, such as berms, landscaping,
or glass, must be installed along the eastern property line of the hotel where it abuts the U.S. 101
right of way to protect these outdoor activity areas from sound intrusion from traffic along U.S. 101.
If a masonry noise barrier is implemented, the noise barrier shall provide, at minimum, an 8 foot
high barrier between U.S. 101 and the hotel from the final grade of whichever use (i.e., U.S. 101 or
hotel) has a higher final elevation. Such a noise barrier shall be constructed of any masonry material
with a surface density of at least three pounds per square foot, and shall have no openings or gaps.
If an alternative material is used, the developer shall submit a report to the Community Development
Department by a qualified acoustical consultant demonstrating that the specific exterior noise
reduction techniques included in the hotel component of the project would achieve exterior noise
levels that would not exceed 60 dBA CNEL.
Recreation Mitigation
REC-1. Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in accordance
with the City’s parkland in-lieu fee program for the parkland shortage. The project’s specific fee
shall be determined by the City at the time of project approval, after accounting for parkland
provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from the project
PC 1-32
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 22 SPEC/ANNX/ER-1502-2015
shall be directed to new projects or improvements to existing parks and recreation facilities within
the City of San Luis Obispo parks system.
Transportation Mitigation
T-1(a). Intersection #1: Madonna Road & Los Osos Valley Road.
• City optimize signal timing to accommodate increased project volumes (ongoing)
T-1(b). Intersection #3: Madonna Road & Dalidio Drive/Prado Road.
Extend existing westbound left turn lane on Madonna Road to Dalidio Drive/Prado Road to 310’
(Phase 1)
Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio Drive/Prado Road (Phase
1)
Install eastbound 250’ right turn pocket on Madonna Road to Dalidio Drive/Prado Road (Phase
1)
Install 2nd northbound left shared with through-lane on Prado Road/Dalidio Drive to Madonna
Road (Phase 1)
Prohibit westbound U-turns on Madonna Road (Phase 1)
Provide split phase operations & optimize signal timing (Phase 1)
T-1(c). Intersection #5: Madonna Road & U.S. 101 Southbound Ramps.
• Construct Prado Road Overpass (Overpass-Only, Phase 2)
T-1(d). Intersection #8: Higuera Street & South Street.
• Optimize Signal Timing
T-1(e) . Intersection #9: Los Osos Valley Road & Froom Ranch Way.
Install dedicated 230’ right turn lane on northbound Froom Ranch Way approach to Los Osos
Valley Road (with Froom Ranch Way bridge construction)
Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to
110’ (with Froom Ranch Way bridge construction)
Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos
Valley Road (with Froom Ranch Way bridge construction)
T-1(f). Intersection #10: Los Osos Valley Road & Auto Park Way.
Signalization (Phase 1)
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-1(g). Intersection #16: S. Higuera Street & Tank Farm Road.
Construct Prado Road Overpass (Overpass Only Phase 2)
Extend northbound right turn pocket to 230’ and channelize movement (Phase 1)
T-1(h). Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way.
Install multilane roundabout control (when connection is constructed)
T-1(i). Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway.
Install multilane roundabout control or restricted access (when connection is constructed)
PC 1-33
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 23 SPEC/ANNX/ER-1502-2015
T-2(a). Intersection #1: Madonna Road & Los Osos Valley Road.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(b). Intersection #2: Madonna Road & Oceanaire Drive.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(c). Intersection #5: Madonna Road & U.S. 101 S.B Ramps.
Extend northbound Madonna Road left turn lane to 150’ (Phase 1)
T-2(d). Intersection #6: Madonna Road & U.S. 101 Northbound Ramps.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(e) . Intersection #7: Madonna Road & Higuera Street.
Construct Prado Road Overpass (Overpass Plus U.S. 101 northbound ramps, Phase 2)
T-2(f). Intersection #9: Los Osos Valley Road & Froom Ranch Way.
Install dedicated 230’ right turn lane on Los Osos Valley Road approach to northbound Froom
Ranch Way (with Froom Ranch Way bridge construction)
Extend right turn lane on Los Osos Valley Road approach to southbound Froom Ranch Way to
110’ (with Froom Ranch Way Bridge construction)
Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos
Valley Road (with Froom Ranch Way bridge construction)
T-2(g). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
Extend off-ramp left turn pocket to 320’ (Phase 1)
T-2(h). Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(i). Intersection #14: Los Osos Valley Road & Higuera Street.
Extend eastbound right turn lane to 180’ (Phase 1)
T-2(j). Intersection #18: Prado Road & Higuera Street
Install 2nd U.S. 101 northbound left turn lane (Phase 1)
Extend westbound right turn pocket to 400’ (Phase 1)
T-3(a). Segments #1 - #6: Madonna Road (Los Osos Valley Road to Higuera Street)
Construct Prado Road Overpass (Overpass Only, Phase 2)
Fund assessment of decreasing transit headways to 25 min
Construct parallel Class I multiuse paths or bike boulevard (Phase 1)
T-3(b). Segments #7 - #8: Higuera Street (Madonna Road to Prado Road)
• Construct Prado Road Overpass (Overpass and U.S. 101 northbound ramps, Phase 2)
• Construct parallel Class I multiuse paths or bike boulevard (Phase 1)
PC 1-34
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 24 SPEC/ANNX/ER-1502-2015
T-3(c) . Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera Street)
Construct Prado Road Overpass (Overpass and U.S. 101 northbound ramps, Phase 2)
Construct parallel Class I multiuse paths or bike boulevard (Phase 3)
T-3(d). Segments #18 - #20: Dalidio Drive/Prado Road (Froom Ranch Way to Higuera Street)
Construct parallel Class I multiuse paths or bike boulevard (when Prado Road is
constructed/improved)
T-4. Construction Traffic Management Plan. Prior to construction, a traffic management plan
shall be prepared for review and approval by the City of San Luis Obispo Public Works Department.
The traffic management plan shall be based on the type of roadway traffic conditions, duration of
construction, physical constraints, nearness of the work zone to traffic and other facilities (bicycle,
pedestrian, driveway access, etc.). The traffic management plan shall include:
Advertisement. The project developer shall prepare an advertisement campaign informing the
public of the proposed construction activities. Advertisements shall occur prior to beginning work
and periodically during the course of the project construction. The advertising shall include
notification of changes to bus schedules and potential changes to bus stop locations, potential
impacts during school drop-off and pick-up times, and major intersections that may be impacted
during construction.
Property Access. Access to parcels along the construction area shall be maintained to the greatest
extent feasible. Affected property owners shall receive advance notice of work adjacent to their
property access and when driveways would be potentially closed.
Schools. Any construction adjacent to schools shall ensure that access is maintained for vehicles,
pedestrians, and bicyclists, particularly at the beginning and end of the school day.
Buses, Bicycles, and Pedestrians. The work zone shall provide for passage by buses, bicyclists,
and pedestrians, particularly in the vicinity of schools.
Intersections. Traffic control (i.e., use of flag persons) shall be used at intersections that are
determined to be unacceptably congested due to construction traffic.
T-5. Froom Ranch Way Bridge Phasing. The Froom Ranch Way bridge connection shall be
completed prior to occupancy of Phase 1 of the Specific Plan buildout.
T-6. Project Site Intersection Roundabout Control. New roadway intersections within the
Specific Plan Area shall be controlled using roundabout design, unless the City Public Works
Department determines that roundabout control is infeasible.
T-7. Traffic Calming Features. New roadway intersections along San Luis Ranch Road shall
include neighborhood traffic circles at key intersections, and traffic-calming features, such as
diverters, along longer uninterrupted segments.
T-8(a). Intersection #3: Madonna Road & Dalidio Drive/Prado Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[b])
T-8(b). Intersection #9: Los Osos Valley Road & Froom Ranch Way
PC 1-35
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 25 SPEC/ANNX/ER-1502-2015
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[e]/Mitigation Measure
T-2[f])
T-8(c). Intersection #10: Los Osos Valley Road & Auto Park Way
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[f])
T-8(d). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-8(e). Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-8(f). Intersection #14: Los Osos Valley Road & S. Higuera Street
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-8(g). Intersection #16: S. Higuera Street & Tank Farm Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[f])
T-9(a). Intersection #1: Madonna Road & Los Osos Valley Road
Extend northbound right turn pocket on Los Osos Valley Road to 295’
Extend southbound left turn pocket on Madonna Road to 395’
T-9(b). Intersection #2: Madonna Road & Oceanaire Drive
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[b])
Extend westbound right turn land on Madonna Road to 200’
T-9(c). Intersection #3: Madonna Road & Dalidio Drive
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[b])
T-9(d). Intersection #4: Madonna Road & El Mercado
Existing & Near-Term Plus Project Mitigation (Mitigation Measures T-1[b])
T-9(e). Intersection #5: Madonna Road & U.S. 101 Southbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(f). Intersection #6: Madonna Road & U.S. 101 Northbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(g). Intersection #8: Higuera Street & South Street
Extend northbound Higuera Street left turn pocket to 120’
Extend eastbound South Street right turn pocket to 100’
T-9(h). Intersection #9: Los Osos Valley Road & Froom Ranch Way
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[d]/Mitigation Measure
T-2[f])
PC 1-36
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 26 SPEC/ANNX/ER-1502-2015
T-9(i). Intersection #11: Los Osos Valley Road & Calle Joaquin
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(j). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(k). Intersection #14: Los Osos Valley Road & S. Higuera Street
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(l). Intersection #16: S. Higuera Street & Tank Farm Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[g])
T-9(m). Intersection #18: Higuera Street & Prado Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-2[j])
T-10(a). Segments #1 - #6: Madonna Road (Higuera Street to Los Osos Valley Road)
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-10(b). Segments #15 - #16: Los Osos Valley Road (Calle Joaquin to U.S. 101 Northbound
Ramps)
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-10(c). Segment #24: Prado Road/Dalidio Drive (Project Driveway to Froom Ranch Way).
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
Other Required Mitigation from the Initial Study
GEO-1. Earthquake and Ground Acceleration Design and Construction Measures. Design and
construction of the buildings, roadway infrastructure and all subgrades shall be specifically
proportioned to resist Design Earthquake Ground Motions (Design amax) of SD1=0.481 and
SDS=0.832 and engineered to withstand Maximum Considered Earthquake (MCE) peak ground
acceleration (PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project
(GeoSolutions, Inc., 2015). The design should take into consideration the soil type, potential for
liquefaction, and the most current and applicable seismic attenuation methods that are available.
GEO-2. Operational Seismic Safety Requirement. For retail stores included in the project, goods
for sale may be stacked no higher than 8 feet from the floor in any area where customers are present,
unless provisions are made to prevent the goods from falling during an earthquake of up to 7.5
magnitude. The stacking or restraint methods shall be reviewed and approved by the City before
approval of occupancy permits, and shall be a standing condition of occupancy.
GEO-3. Geotechnical Design. The project plans and specifications shall include the geotechnical
recommendations included in the Soils Engineering Report, prepared by GeoSolutions, Inc. on May
29, 2015. Recommendations therein that shall be incorporated into the final project building plans
include specification for the following components of development preparation and design:
Building Pad Preparation
PC 1-37
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 27 SPEC/ANNX/ER-1502-2015
Paved Areas Preparation
Pavement Design
Interlocking Concrete Pavers
Conventional Foundations
Post-Tensioned Slabs
Slab-On-Grade Construction
Retaining Walls
Exterior Concrete Flatwork
Section 2. Specific Plan, General Plan Amendment/Pre-Zoning, and Development
Plan/Vesting Tentative Tract Map Approval with Findings & Conditions. The Planning
Commission does hereby recommend approval to City Council of application SPEC/ANNX/ER-
1502-2015, a Specific Plan, General Plan Amendment/Pre-Zoning, and Development Plan/Vesting
Tentative Tract Map, to allow up to 580 dwelling units, including an 80-unit density bonus
consistent with City requirements, based on the following findings, and subject to the following
conditions being incorporated into the Vesting Tentative Tract Map:
Findings:
1. The project area was identified as one of three Specific Plan areas designated for development
when the General Plan Land Use and Circulation Elements update were adopted by the City
Council in December 2014. The San Luis Ranch Specific Plan was prepared to implement this
aspect of the General Plan.
2. The San Luis Ranch Specific Plan is consistent with policy direction for the area included in
the General Plan, specifically Land Use Element Policy 8.1.4, which identifies the San Luis
Ranch area as a Special Focus Area (SP-2), subject to policies for the development of a specific
plan and certain broad development parameters and principles. The Specific Plan is also
consistent with all other applicable General Plan policies, as described and analyzed in Section
6.0 of the May 24, 2017, staff report to the Planning Commission for this project, and as
discussed further within the Final EIR.
3. The General Plan Amendment/Pre-Zoning allows the implementation of the San Luis Ranch
Specific Plan by:
Updating the City’s Land Use Map to reflect the development pattern included in the
Specific Plan;
Updating the City’s Circulation Map to reflect the circulation system included in the
Specific Plan;
Updating the relevant portions of the General Plan to update statistical data related to land
use acreage and long-term buildout potential; and
Providing the pre-zoning information needed for LAFCo to consider annexation of the
site to the City, which is a prerequisite for allowing development on the site under the
City’s General Plan.
PC 1-38
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 28 SPEC/ANNX/ER-1502-2015
3. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General
Plan because it is consistent with the San Luis Ranch Specific Plan, it respects existing
environmental site constraints, will add to the City’s residential housing inventory, allow for
appropriate non -residential development, and provides needed infrastructure and roadway
improvements identified in the City’s General Plan.
4. The Specific Plan project was reviewed by various City advisory bodies, including the
Architectural Review Commission, Bicycle Advisory Committee, Parks and Recreation
Commission, and Cultural Heritage Committee, and incorporates input consistent with their
direction.
5. The Airport Land Use Commission found the Specific Plan project as proposed to be consistent
with the Airport Land Use Plan.
6. Development will occur consistent with the Vesting Tentative Tract Map and the required
architectural review process, which will allow for detailed review of development plans to
assure compliance with City plans, policies, and standards.
7. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is consistent
with the pattern of development prescribed in the San Luis Ranch Specific Plan.
8. The proposed project will provide affordable housing consistent with the intent of California
Government Code §65915, and in compliance with City policies and the Housing Element.
9. The Tentative Map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the California Environmental Quality Act,
as implemented through the San Luis Ranch Final EIR.
Planning Commission Recommended Modifications to the Specific Plan
1. Madonna Road - Safe Pedestrian Crossing. Explore ways to improve pedestrian access
and safety related to crossing Madonna Road near Oceanaire Drive, particularly to
improve access to Laguna Lake Park.
2. Froom Ranch Way Safety. Address ways to slow vehicular speeds on Froom Ranch
Way, especially in the context of improving bike safety.
3. Net Zero Carbon Policy. Explore ways to promote a Net Zero Carbon concept in new
development, probably most effectively addressed as a Specific Plan policy that allows
some degree of flexibility.
4. Electric Vehicle (EV) Charging Stations. Modify the Specific Plan to require that
garages are “EV-ready” to allow for installation of EV charging stations, without actually
requiring the EV stations to be installed as part of development. Also consider allowing
for EV stations adjacent to apartment buildings in higher density portions of the project.
5. Zero Lot Line. Allow for the flexibility to include more zero lot line development, as a
means of creating more usable outdoor area within the small lots. Incorporate zero lot
line concept with flexibility if possible.
PC 1-39
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 29 SPEC/ANNX/ER-1502-2015
29
179723.1
6. Promoting a “Sense of Place”. Consistent with Architectural Review Commission
direction, clarify graphics in the Specific Plan to better show how new development can
create a “sense of place” through the placement of buildings and nearby outdoor usable
public areas.
7. Commercial/Residential Buffer. Use text and graphics in the Specific Plan to clarify
how buffer areas between residential and commercial areas can be effectively addressed
to minimize land use conflicts.
8. Great Blue Heron Mitigation. Clarify how proposed FEIR Mitigation Measure BIO-
1(f), which addresses potential impacts to great blue heron habitat, can be effectively
implemented through the Specific Plan.
Other Modifications to the Specific Plan to Ensure Consistency with the Final EIR and Map
9. Add a roadway classification map that is consistent with the General Plan;
10. Add a bicycle classification map that is consistent with General Plan and Bicycle
Transportation Plan;
11. Expand Section 6.5 Neighborhood Traffic Management to be consistent with the
findings of the Final EIR;
12. Revise Section 6.6 Street Network & Standards such that street classifications and cross
sections are consistent with general plan policy, City standards, and the vesting tentative
map;
13. Revise Section 6.7 Summary of Supportive Interface with Adjacent Street and Path
to include all relevant connections and improvements consistent with the findings and
mitigations identified in the Final EIR;
14. Revise Section 7.4 Utilities and Streets such that discussion regarding the Dalidio/Prado
Connection and Froom Ranch Way Connection is consistent with the findings and
mitigation identified in the Final EIR;
15. Revise Sections 7.6 Performance Triggers & 7.7 Phasing Strategy into a single
comprehensive infrastructure improvements section listing all of the applicant proposed
infrastructure improvements in addition to the primary onsite infrastructure
improvements identified as mitigation in the Final EIR along with phasing and
establishment of which party is responsible for implementation;
16. Revise Section 7.8 Financing Strategy – Required Facilities to reflect the project
description evaluated in the EIR, to include all of the improvement projects and their
actual triggers as established in the EIR, to update construction estimates and impact fees,
and to be consistent with the draft development agreement;
17. Revise Section 8 Implementation to add policies requiring sequential construction of the
project consistent with the project description evaluated in the Final EIR, policies
requiring participation in an infrastructure financing program, and policies regarding the
acquisition of ROW necessary for infrastructure;
PC 1-40
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 30 SPEC/ANNX/ER-1502-2015
30
179723.1
18. Eliminate Section 8.2 San Luis Ranch Approval and Adoption due to redundancy with
other policies and processes;
19. Replace Table ES-1 in Appendix B of the Specific Plan with the Mitigation Monitoring
and Reporting Program as established in the Final EIR; and
20. Update Tables 7-14 and 7-15, which address improvement projects cost allocation and
estimated project impact fees, based on the outcome of ongoing Development Agreement
negotiations between the City and applicant. The phasing and infrastructure costing
Tables in Chapter 7 of the Specific Plan shall be updated with accurate infrastructure
costs, fair share calculations, and phasing information following a detailed financial
analysis to be prepared for the Development Agreement. These tables shall be updated
prior to final approval of the Development Agreement. A specific plan amendment shall
not be required to update table information in the document.
Vesting Tentative Tract Map Conditions:
Fire
1. A second point of fire department access to the multi-family portion of the development
shall be provided in accordance with the General Plan Safety Element and Fire Code
Appendix D. The second access road may be for Emergency Vehicles only, shall be at least
20 feet of drivable surface in width, be designed to support 73,000 lbs, and be accessible
from either side by an automatic opening gate compatible with emergency preemption
equipment. The second point of access shall be at least one half the diagonal distance of the
area served separated from the main access point in accordance with the Safety Element
and Fire Code Access Provisions or as approved by the Fire Chief. Access roads parallel to
project buildings of 3 stories in height or more shall have an unobstructed width of 26 feet.
2. The project shall provide a minimum of two points of access to the subdivision from
an existing public way wherever there are more than 30 housing units. Emergency Vehicle
Access points may be accepted in lieu of full access.
3. All streets that are less than 28 feet in width shall be posted “No Parking – Fire Lane”
on both sides. Streets less than 36 feet in width shall be posted on one side only.
4. The project shall provide water mains and city-standard fire hydrants to provide a
minimum needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior
walls of all proposed structures. Fire hydrant spacing shall not exceed 500 feet.
PC 1-41
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 31 SPEC/ANNX/ER-1502-2015
31
179723.1
Transportation
5. Unless a design exception is approved by the Public Works Director, the final map shall
conform to City adopted Engineering Standards, Engineering Specifications, Policies, and
Plans.
6. Project construction and infrastructure shall be completed in the sequential phase order as
evaluated in the San Luis Ranch Final EIR, or as agreed to between the City and Developer.
If phasing is modified amendments to the Specific Plan and EIR maybe required.
7. Prado Road Interchange. As part of, or prior to, recordation of the final map the subdivider
shall submit an irrevocable offer to dedicate to the City property necessary to construct the
Prado Road Overcrossing and Southbound U.S. 101 Ramps Improvements (“the
Improvements”), and all appurtenances to the satisfaction of the Public Works Director.
a. Approval of this map is contingent upon the effectiveness of an ordinance approving a
development agreement for the project providing mechanism(s) to fund construction and
maintenance of the Improvements (“Funding Mechanism”).
b. The Development Agreement required by condition 6(a) shall waive the rights of the
applicant, and any future successors in interest to the applicant in the property to oppose
establishment of one or more Funding Mechanisms described in the Development
Agreement or the imposing of any tax, assessment, fee or charge with respect to such a
Funding Mechanism. In the event that voters or property owners dissolve a Funding
Mechanism, a Homeowners Association will be obliged to fund any and all costs for
infrastructure and/or services that the Funding Mechanism would otherwise have funded.
CC&Rs establishing such a Homeowners Association shall be submitted for the
reasonable approval of the City Attorney and recorded before any building permit may
issue for the improvement of the Project.
c. The Funding Mechanism shall be adopted before occupancy of Phase 2. The subdivider
shall pay its fair share mitigation fees for the Prado Rd. Overcrossing and Northbound
U.S. 101 Ramps Improvements prior to the issuance of a building permit for Phase 2.
d. Fair share fees, as prescribed in Table 123 of the Transportation Impact Study, for the
South Bound Ramps of the Prado Rd. Interchange and all appurtenances shall be collected
prior to issuance of building permits issued for each subsequent phase.
8. Madonna & Dalidio/Prado Widening of the Madonna & Dalidio/Prado intersection per
Table 4.12-1 #2 of the San Luis Ranch EIR, Class I path on the South side, and ADA ramp
upgrades on all corners shall be constructed by the subdivider prior to issuance of building
permits. Deferral of the Class I path to “Future by others” as shown in the proposed vesting
tentative map is not approved, this improvement shall be required prior to issuance of
building permits for Phase 1. Prior to recordation of the final map the applicant shall
complete the design of these improvements and exhaust all feasible efforts to acquire the
PC 1-42
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 32 SPEC/ANNX/ER-1502-2015
32
179723.1
necessary off-site dedications, easements, and agreements for construction, all to the
satisfaction of the Public Works Director.
a. Madonna Road Travel Lanes shall be a minimum of 11’ with a minimum 2’ median
or wider as necessary if pedestrian refuge is required adjacent to the left turn pockets.
Where ROW is limited widening should be accommodated on the park side.
b. Please refer to Engineering Development Review condition on dedications and
easements. If the Developer cannot acquire the necessary interests in land to implement
this mitigation measure, the Public Works Director may authorize the Developer in
writing to mitigate to the greatest extent feasible within right-of-way, dedication areas,
and easements under the control of the Subdivider and/or City. Alternative measures
shall be established with recordation of the final map.
9. Enhanced Madonna Pedestrian/Bicycle Crossings. Unless otherwise approved by the
Public Works Director; prior to issuance of building permits for phase 1 the subdivider
shall upgrade the pedestrian crossing at Madonna and Oceanaire to include curb
extensions and a pedestrian refuge island with push button signal activation. Space for
Curb extensions and refuge island should be accommodated by removing frontage street
parking.
Unless otherwise approved by the Public Works Director; prior to issuance of building
permits for Phase 3 the subdivider shall construct a “hawk” pedestrian signal and crossing
at the intersection of Dogwood and Madonna interconnected with the adjacent traffic
signals.
10. Dalidio/Prado & Froom a multilane roundabout shall be constructed by the subdivider
at the intersection of Dalidio/Prado & Froom Ranch Way prior to the issuance of building
permits. An interim single lane roundabout is permitted prior to issuance of building
permits for Phase 2. Prior to recordation of the final map the applicant shall complete the
design of the multilane roundabout and exhaust all feasible efforts to acquire the necessary
off-site dedications, easements, and agreements for construction all to the satisfaction of
the Public Works Director. If the Developer cannot acquire the necessary land interests
to implement this mitigation measure, the Public Works Director may authorize the
Developer in writing to modify the alignment and design of the roundabout such that off-
site property interests are not necessary. The Final map shall reflect lot adjustments
resulting from final roundabout design.
Interim all-way stop control as shown in the proposed vesting tentative map or
signalization is not approved.
PC 1-43
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 33 SPEC/ANNX/ER-1502-2015
33
179723.1
11. Los Osos Valley Road & SB 101 Ramp Extension of the LOVR & SB 101 off ramp left
turn lane to 320’ shall be constructed by the applicant prior to issuance of building permits.
12. Madonna Bike Path A protected bike facility along Madonna Road shall be constructed
within the existing right-of-way between El Mercado & Hwy 101 SB Ramps and between
the existing bike trail termini and the intersection of Oceanaire & Madonna prior to
issuance of building permits, unless otherwise deferred by the Community and Public
Works Department Directors. Prior to recordation of the final map the applicant shall
complete design.
a. Prior to issuance of building permits the subdivider shall upgrade the existing pathway
to Class I standards from El Mercado to its South Western Terminus, unless otherwise
deferred by the Community and Public Works Department Directors.
13. Froom Ranch Bridge The Froom Ranch – Prefumo Creek bridge shall be constructed
prior to issuance of building permits, unless otherwise deferred by the Community and
Public Works Department Directors. The cross section of the bridge shall at a minimum
include: 12’ clear class I multi-use path, two 6.5’ bicycle lanes, and two 11’ travel lanes.
14. Froom Ranch Widening Design of Froom Ranch widening to its final cross section from
its existing northern terminus to the LOVR frontage road shall be completed prior to
issuance of building permits for Phase 1 unless otherwise deferred by the Community and
Public Works Department Directors. The cross section shall at a minimum include: 12’
class I multi-use path with two 2’ shoulders, two 6.5’ bicycle lanes, two 11’ travel lanes
and a 10’ landscaped median.
15. Froom Ranch Road Froom Ranch Road shall have a design speed of no more than 35
miles per hour and include buffered bicycle lanes. Adjustments to lots as a res ult of the
design shall be reflected with recordation of the final map.
16. Froom Ranch & Los Osos Valley Intersection. The Froom Ranch and Los Osos Valley
Road intersection shall be widened per San Luis Ranch EIR table 4.12-1 prior to the
issuance of building permits unless otherwise deferred by the Community and Public
Works Department Directors. Prior to recordation of the final map the applicant shall
complete the design of this improvement and exhaust all feasible efforts to acquire the
necessary off-site dedications, easements, and agreements for construction all to the
satisfaction of the Public Works Department.
a. Please refer to Engineering Development Review condition on dedications and
easements. If the Developer cannot acquire the necessary interests in land to implement
this mitigation measure, the Public Works Director may authorize the Developer in writing
to mitigate to the greatest extent feasible within right-of-way, dedication areas, and
PC 1-44
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 34 SPEC/ANNX/ER-1502-2015
34
179723.1
easements under the control of the Subdivider and/or City. Alternative measures shall be
memorialized with recordation of the final map.
17. Prior to issuance of building permits, the subdivider shall pay City wide transportation
impact fees.
18. Prior to beginning each phase, the subdivider shall pay its fair share mitigation costs
proportional to each phase for the intersection improvements as prescribed in the project
EIR (see Table 123 of Appendix L -Traffic Impact Study).
19. All access rights to Prado/Dalidio, Madonna Rd. and Froom Ranch Way shall be dedicated
to the City. All private access points along Dalidio/Prado shall be restricted to right in &
out, unless otherwise approved by the Public Works Director.
20. The final map shall be revised to include a standard “knuckle” design at the intersection of
San Luis Ranch Road and Haystack Place. The knuckle will include emergency access and
pedestrian and bicycle access to the proposed Ped/Bike Bridge and Phase 3.
21. Final map shall include a class I connection between Harvest Street and commercially
zoned property.
22. Final map shall include a trail connection between San Luis Ranch Road and commercially
zoned lot either along the drainage channel or via Haystack Place and between any two of
parcels 293-296.
23. As part of final map the subdivider shall dedicate access easements for pedestrian/bicycle
connections including the Cul-De-Sacs to Froom Ranch Road, San Luis Ranch Rd. Bridge,
San Luis Ranch Rd. to the commercially zoned lot/Dalidio Road, and Lot 216 & Legacy
lane to open space and the central park.
24. As part of final map the subdivider shall exhaust all reasonable efforts to dedicate a 25’
access easement adjacent to the US 101 freeway frontage for maintenance purposes and
potential future trails.
25. Prior to recordation of the final map, design shall be completed for in-tract traffic calming
to the approval of the Public Works Director, per Final EIR Mitigation Measures T-6 and
T-7. The final map shall reflect lot adjustments resulting from completed traffic calming
design.
26. Parallel parking shall be prohibited on Froom Ranch Way.
PC 1-45
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 35 SPEC/ANNX/ER-1502-2015
35
179723.1
27. The final map and improvement plans shall be adjusted to accommodate a channelized
right turn lane with median on the Dogwood approach to Madonna.
Engineering Development Review
Dedications and Easements
28. Any easements including but not limited to provisions for all public and private utilities,
water wells, access, grading, drainage, agriculture / open space, slope banks,
construction, public and private streets/alleys, pedestrian and bicycle facilities, common
driveways, and maintenance of the same shall be shown on the final map and/or shall be
recorded separately prior to or concurrent with the recordation of the map, unless a
deferral is requested by the subdivider and granted by the City. Said easements may be
provided for in part or in total as blanket easements.
29. The final map and improvement plans shall show the extent of all on-site and known off-
site offers of dedication. Subdivision improvement plans and / or preliminary designs
may be required for any deferred improvements so that dedication limits can be
established. These improvements may include but are not limited to road construction
and widening, grading and drainage improvements, stormwater facilities, utility
easements, bridges, bike bridges, transit stops, bikeways, pedestrian paths, signalized
intersections, traffic circles, and roundabouts.
30. The subdivider shall dedicate a 10’ wide street tree easement and public utility easement
(P.U.E.) across the frontage of each residential lot. A 10’ wide street tree easement and
15’ P.U.E. shall be provided across the frontage of each commercial or multi-family lot
unless reduced with the approval of the City and of PGE. Said easements shall be
adjacent to and contiguous with all public right-of-way lines bordering each lot.
31. The subdivider shall include a separate offer of dedication for any offsite easements
located outside the tract boundary if needed for circulation, access, and/or utility
extensions. The developer shall include a separate offer of dedication for any easements
related to orderly development that could otherwise sunset with a map offer only.
32. All private improvements shall be owned and maintained by the individual property
owners, a property owner association, or the Homeowner’s Association (HOA) as
applicable or by a Community Facilities District if specifically identified upon the
formation of the CFD. Private improvements may include but are not limited to
streets/alleys, parking lots, sidewalks, private pedestrian/bike paths, sewer mains/laterals,
water services, drainage systems, detention basin(s), street lighting, landscape, landscape
irrigation, common areas, pocket parks, and linear park improvements.
33. All private stormwater treatment facilities shall be owned and maintained by the
Homeowners Association, Property Owner Association, property owner association,
PC 1-46
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 36 SPEC/ANNX/ER-1502-2015
and/or by individual property owners or by a Community Facilities District if specifically
identified upon the formation of the CFD. All stormdrain facilities shall be private
property unless the final map and subdivision improvement plans specifically designates
them as offered to the City and the City, in fact, accepts title and maintenance
responsibility for them. A separate encroachment agreement, in a form approved by the
City Attorney, shall be recorded for any private stormwater systems, piping, BMP’s, and
other components of such systems that are approved for location within the public right-
of-way.
34. A notice of requirements or other agreement acceptable to the City of San Luis Obispo
shall be recorded upon the City’s written request in conjunction with the Final Map to
clarify development restrictions, fee payments, conditions of development, and references
to any pertinent conditions of approval related to this map, off-site requirements, and/or
the interaction of this development to the future development of lots 1, 2, and the
commercial lots.
35. Park in-lieu fees shall be paid for each residential lot with recordation of the final map
creating that lot. The vacant multi-family lots may pay park fees at map recordation based
on an assumed build-out density or may defer to the time of development. If payment is
received with the map, any balance due based on a change in density shall be paid prior
building permit issuance for each unit in excess of those for which payments were made
with the map. Deferred payment will be subject to the fees in effect at the time of re-
subdivision or building permit application unless the fee payor has a vested right to pay a
lesser amount. If residential occupancies, including any care-takers units, are proposed
with the future development of the commercial lots, park in-lieu fees will be required to
be paid prior to building permit issuance.
36. Off-site dedication/acquisition of property for public right-of-way purposes may be
necessary to facilitate orderly development, anticipated build-out improvements,
and/or satisfaction of mitigation measures, conditions of approval, or compliance with
City Standards and policies. The subdivider shall work with the City and the land owner(s)
to acquire the necessary rights-of-way. In the event the subdivider is unable to acquire
said rights-of-way, the City Council may consider lending the subdivider its powers of
condemnation to acquire the off-site right-of-way dedication, including any necessary
slope and drainage easements. If condemnation is required, the subdivider shall agree to
pay all costs associated with the off-site right-of-way acquisition (including attorney fees
and court costs).
37. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
propert y required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462.5 to do so, if
PC 1-47
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 37 SPEC/ANNX/ER-1502-2015
necessary. Subdivider shall also enter into an agreement with the City to pay all costs of
such acquisition including, but not limited to, all costs associated with condemnation.
Said agreement shall be in a form acceptable to the City Engineer and the City Attorney.
If condemnation proceedings are required, the subdivider shall submit, in a form
acceptable to the City Engineer, the following documents regarding the property to be
acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of obtaining
such appraisal, the property owner(s) must be given an opportunity to accompany
the appraiser during any inspection of the property or acknowledge in writing that
they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the appraised
price.
v. Prior to submittal of the aforementioned documents for City Engineer approval, the
Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does
not and cannot guarantee that the necessary property rights can be acquired or will,
in fact, be acquired. All necessary procedures of law would apply and would have
to be followed.
38. Transportation and Subdivision Improvements. Secondary access is required from all
portions and/or phases of the subdivision where more than 30 dwelling units are proposed.
The location and development of the proposed secondary access shall be presented to the
City for review and approval prior to the preparation of the related improvement plans or
final map approval. Any temporary or permanent emergency access location,
construction, and controls shall be in accordance with the Fire Code, City Engineering
Standards, and shall be approved to the satisfaction of the Fire Department and Public
Works Department.
39. Fire Department access shall be provided for each building construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide
suitable Fire Department hydrant access, circulation routes, passing lanes, and turn-
around areas in accordance with current City codes and standards.
40. All public streets shall conform to City Engineering Standards and the specific plan
including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved
by the City Engineer. Where conflicts occur between the City Engineering Standards
and concepts identified in the specific plan and/or represented on the tentative map, the
City Engineer shall make the final determination of design approval and/or exceptions.
PC 1-48
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 38 SPEC/ANNX/ER-1502-2015
41. Final roadway alignment shall be consistent with the City Engineering Standards except
where the applicant has requested and been granted a formal exception. A request for
public street/gutter gradients of less than 1% has been approved. The applicant shall
propose final construction details, specifications, and minimum construction
tolerances/testing for review and approval by the City Engineer in support of the request.
The request shall be endorsed prior to submittal of complete public improvement plans.
42. The City Engineer’s approval of the request for street/gutter gradients of less than 1% may
require that the developer be responsible for the placement and the HOA or a Funding
Mechanism be responsible for the maintenance of parking limitation signage to al low for
periodic sweeping of the entire public street system. Said signage maintenance shall be
specified by the City Engineer on approval of the request and shall include, but need not
be limited to, damage, displacement, minimum reflectivity, and the reasonable change of
sweeping schedules.
43. Unless otherwise approved by the Community Development Director and City Engineer,
the final street and drainage system design shall include standard center median
planting/treatments along Dalidio Drive and Froom Ranch Way. The bio-retention
facilities proposed for the medians shall be relocated to the adjoining commercial lots and
agricultural open space. Any offset for the adjoining displaced agricultural open space
lands shall be approved by the Planning Division and Natural Resources Manager.
44. Final street sections shall be approved in conjunction with the review and approval of the
final project drainage report. The final design shall consider drainage, transitions, and
accessibility.
45. Final traffic circle and roundabout geometry shall be consistent with applicable
engineering standards and design guidelines.
46. The developer shall record a Notice of Requirements with the map regarding the designed
and installed traffic calming devices and that the subdivision is not eligible for a future
Residential Parking District or Neighborhood Traffic Management program processing.
47. The improvement plans shall include a line-of-sight analysis at applicable intersections to
the satisfaction of the Public Works Department. Fence heights and plantings in the areas
of control shall be reviewed in conjunction with the analysis. A separate recorded
agreement or Notice of Requirements for private property owner or HOA maintenance of
sight lines may be required as a condition of the City Engineer’s approval of the
improvement plans.
48. The subdivision improvement plans shall include full on-site and any off-site public and
private frontage improvements as required. The plans shall comply with the City
Engineering Standards, Bike Plan, Community Design Guidelines, Cal Trans Highway
Design Manual, and City policies.
49. Any jurisdictional permits from authorities other than the City, including but not limited
PC 1-49
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 39 SPEC/ANNX/ER-1502-2015
to, those from the Army Corps of Engineers, Department of Fish and Wildlife, and
Regional Water Quality Control Board required for any ground disturbing activities,
grading, demolitions, and/or street and road improvements shall be obtained prior to the
City’s approval of improvement plans and the Developer’s commencing work in
waterways within the jurisdiction of such regulatory agencies.
50. Access rights shall be offered for dedication to the City along Madonna Road, Dalidio
Drive, Prado Road, and Froom Ranch Way except at approved driveway locations.
51. The subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all public
streets, including Madonna Road per City Engineering Standards.
52. Private street lighting may be provided along the private streets/alleys/parking areas,
pocket parks, and linear parks per City Engineering Standards and/or as approved in
conjunction with the final ARC approvals.
53. Street trees are required as a condition of development. Street trees shall generally
be planted at the rate of one 15-gallon street tree for each 35 lineal feet of property
frontage. Landscape plans may include grouping of trees to vary this standard to honor
site/public improvements, achieve visual variety, or to honor line-of-sight corridors
within the subdivision.
54. The public improvement plans shall provide a final analysis of the trees to be removed
and trees to be retained. The existing trees located along or across the tract boundary,
within areas of utility work, and/or within vacant lots proposed for future development
shall be specifically identified in those plans as removed or retained. The plan/map
submittals shall include a tree preservation plan and/or notice of requirements attached to
the final map. Trees not previously noted and approved for removal shall be retained
unless otherwise specifically approved for removal by the City. A tree preservation plan
shall be provided by a Certified Arborist and approved by the City for any trees to remain
or to be relocated.
55. Improvement plans for the entire subdivision, including any off-site improvements shall
be approved to the satisfaction of the Public Works Department, Utilities Department,
and Fire Department prior to map recordation. Off-site improvements may include but
are not limited to roadways, sewer mains, water mains, recycled water mains, and storm
drain improvements. Off-site improvements may include off-site access roadways,
transportation improvements, and utility system improvements.
56. A separate demolition permit will be required from the Building Division for the removal
of any existing structures and related infrastructure. Building removals are subject to the
Building Demolition Regulations including the additional notification and timing
requirements for any structure over 50-years old.
57. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall
include any pertinent off-site water well and private waste disposal systems that are
PC 1-50
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 40 SPEC/ANNX/ER-1502-2015
located within regulated distances to the proposed drainage and utility improvements. The
plan shall include the proposed disposition of the improvements and any proposed phasing
of their demolition and removal.
58. The map and improvement plans shall show and clarify the extent of all existing public
and private easements. The developer shall provide any additional clarification regarding
the water wells shown on the proposed map and listed as City wells. The developer shall
provide any additional clarification on any outstanding private easement agreements
including but not limited to the billboard easement agreement (including the exact ingress
and egress in favor of the Grantee of the billboard easement). The im provement plans
shall clearly show and label the limits of existing and proposed improvements within the
easements.
59. If phased construction of the new street pavement is proposed, the phasing plan shall
provide for the ultimate structural street section and pavement life (per the City's
Pavement Management Plan) prior to acceptance by the City Engineer. The engineer of
record shall detail this requirement in the public improvement plans, to the satisfaction of
the City Engineer.
60. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the mitigation measures, conditions of approval, City codes, and
standards. A truck circulation plan and construction management and staging plan shall
be included with any demolition, stockpile, grading, or improvement plan submittal.
General truck routes shall be submitted for review and acceptance by the City. The
engineer of record shall provide a summary of the extent of cut and fill with estimates on
the yards of import and export material. The summary shall include rough grading, utility
trench construction, road construction, AC paving, concrete delivery, and vertical
construction loading estimates on the existing public roadways. The developer shall
either: 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre-construction
condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering
Standards and guidelines, or 3) shall propose a pavement repair/replacement program
satisfactory to the City Engineer. The roadway impacts analysis and mitigation strategy
shall be approved prior to commencing with grading or construction.
61. Retaining wall and/or retaining wall/fence combinations along property lines shall be
approved to the satisfaction of the Planning Division and shall conform with the zoning
regulations for allowed combined heights or shall be approved through the ARC or
separate Fence Height exception process.
62. The ARC plans and public improvement plans shall show the location of the proposed
mail receptacles or mail box units (MBU’s) to the satisfaction of the Post Master and the
City Engineer. The subdivider shall provide a mailbox unit or multiple units to serve all
dwelling units within this development as required by the Post Master. MBU’s shall not
be located within the public right-of-way or public sidewalk area unless specifically
approved by the City Engineer. Contact the Post Master at 543-2605 to establish any
recommendations regarding the number, size, location, and placement for any MBU’s to
serve the several neighborhoods and occupancies.
PC 1-51
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 41 SPEC/ANNX/ER-1502-2015
63. Porous concrete, pavers, or other surface treatments as approved by the City Engineer
shall be used for private parking areas, V-gutters, private curb and gutter, etc. to the extent
feasible within the over-all drainage design for water quality treatment/retention in
accordance with the specific plan and Land Use Policies.
64. The subdivision improvement plans shall show that accessibility to all common areas,
linear parkways, and connecting neighborhood paths/trails is achieved per the ADA and
the California Building Code to the satisfaction of the City Engineer and Building Official.
Utilities
65. Potable city water shall not be used for major construction activities, such as grading and
dust control, as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s
Municipal Code. An annual Construction Water Permit is available from the City’s
Utilities Department. Recycled water is readily available near the intersection of Madonna
Road and San Luis Ranch Road, and shall be stubbed within the project site with a
temporary filling station / recycled water hydrant assembly before grading operations
begin.
66. Prior to issuance of a building permit, the development’s recycled water system shall
have: an 8-inch recycled water system along San Luis Ranch Road from Madonna Road
to Froom Ranch Way, and along Froom Ranch Way from Prefumo Creek to Highway
101, and a 14” recycled water main shall extend easterly from the intersection of San Luis
Ranch and Madonna Road up to the northeastern corner of the project’s frontage along
Madonna Road.
67. Water flow rates and velocities shall comply with the requirements of the 2016 Potable
Water Distribution System Operations Master Plan. The City of San Luis Obispo shall be
the sole water purveyor for water services within the proposed development, which shall
comply with all municipal code requirements. Prior to issuance of a building permit, the
development’s water system shall have: a 12-inch water main extending easterly along
Froom Ranch Way from Oceanaire Drive up to Dalidio Drive and southerly along Dalidio
Drive up to Highway 101, and shall include a 10-inch water main along San Luis Ranch
Road from Madonna Road up to Froom Ranch Way.
68. Sewer flow rates and velocities shall comply with the requirements of the 2016
Wastewater Collection System Infrastructure Renewal Strategy. Prior to issuance of a
building permit the development’s sewer system shall have: a 24-inch sewer main
extending along the south boundary of the parcel within a new sewer easement from Lot
209 to the Laguna Lift Station, and shall include associated improvements at the lift station
to accommodate the proposed casing and sewer line. Easements and encroachment
permits from Caltrans shall be secured to cross the highway, and shall include the
installation of a new sewer casing per requirements of the encroachment permit.
69. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each lot to the satisfaction of the Public Works Department and serving
PC 1-52
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 42 SPEC/ANNX/ER-1502-2015
utility companies. All public and private sewer mains/laterals shall be shown on the
public improvement plans and shall be constructed per City Engineering Standards
unless a waiver or alternate standard is approved by the City. The plans shall clearly
delineate and distinguish public and private improvements. No sewer lift stations shall be
used for the wastewater collection system given that preliminary designs demonstrate the
ability to serve the development by a gravity sewer system.
70. All proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time of improvement plan approval, and shall have alignments
for maintenance of public infrastructure acceptable to the Public Works Department. All
public utilities shall be within the public right of way and the final alignments of all water
and sewer mains shall be approved by the Utilities Engineer.
71. All sewer and water infrastructure impacted by the proposed Highway 101 interchange
layout and associated clearances required by the Engineering Design Standards shall be
relocated to the satisfaction of the Utilities Director.
72. Final grades and alignments of all public and/or private water, recycled water, sewer and
storm drains shall be approved to the satisfaction of the Public Works Director and
Utilities Department. The final location, configuration, and sizing of on-site service
laterals and meters shall be approved in conjunction with the review of the building plans,
fire sprinkler plans, and/or public improvement plans.
73. The limit, extent, and method of termination for all public utilities shall be approved to
the satisfaction of the City Utilities Engineer. Redundant mains or mainlines located with
limited access for maintenance may need to be redesigned prior to issuanc e of a building
permit and as directed by the Utilities Engineer. The extension of mainlines along the
subdivision boundary/frontage may be required for orderly development prior to issuance
of a building permit and as a directed by the Utilities Engineer.
74. Unless otherwise approved by the City Engineer, the gas main shall be located in a joint
trench in accordance with PUC and utility company standards to provide additional
clearances within the pavement section of all streets to accommodate the several City
public utility mains.
75. The improvement plans shall show the location of all domestic and landscape water
meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations
shall justify service and meter sizing prior to issuance of a building permit and to the
satisfaction of the Utilities Director. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
map and/or construction phase depicting that meter or those meters.
76. A final sewer report and supporting documentation for the design of the public sewer
main serving the future development on lots 1 & 2 shall be approved by the Utilities
Department prior to approval of the public improvement plans. The depth of the off-site
and on-site sewer mains shall be approved to the satisfaction of the Utilities Director.
PC 1-53
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 43 SPEC/ANNX/ER-1502-2015
77. The public improvement plan submittal shall show all existing and proposed overhead
wire utilities. Any existing overhead primary and secondary wiring within the tract
boundary shall be undergrounded in conjunction with the subdivision improvements.
Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not
permitted. Off-site service drops shall be eliminated. The new service feeds for the
subdivision shall be completed by underground wiring without a net increase in utility
poles. Terminal end utility poles shall be located off-site unless otherwise approved by
the City.
78. Any widening of streets with existing overhead wire utilities shall include the
undergrounding of the existing wiring. The City Engineer may require replacement
streetlights per City Standards where streetlights exist on wood poles.
79. The developer shall exhaust all reasonable efforts to eliminate or underground the existing
overhead wiring located along the southeast tract boundary. The elimination and/or
undergrounding shall consider existing services and/or utilization equipment to remain.
The plan to eliminate, reduce, or underground the existing services shall be approved to
the satisfaction of the City, Cal Trans, PGE, and billboard easement grantee.
Undergrounding service to any existing or proposed water well shall consider standard
farming operations and the depth of deep ripping. Any proposal for partial
undergrounding, waiver, or deferral shall be subject to the approval of the Community
Development Director.
80. Preliminary undergrounding plans for the entire subdivision shall be processed through
PGE and any respective wire utility companies in conjunction with public improvement
plan submittal. The preliminary PGE plans/memo shall be provided to the engineer of
record and the City for review and approval prior to commencing with the PGE final
handout package.
81. Irrigation systems using recycled water shall be designed and operated as described in the
City’s Procedures for Recycled Water Use, including the requirement that sites utilizing
recycled water require backflow protection on all potable service connections. Three sets of
irrigation plans shall be submitted for review during the City’s improvement plan and/or
building permit review process.
82. Potable city water shall not be used for major construction activities, such as grading and
dust control, as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water
Permit program.
83. The project’s Landscape Plan shall be consistent with provisions of the City’s declared
drought emergency resolution requiring an Estimated Total Water Use (ETWU) below 50
percent of the Maximum Applied Water Allowance (MAWA).
Grading, Drainage & Storm Water
84. Any permit approvals required from the Army Corps of Engineers, California Department
PC 1-54
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 44 SPEC/ANNX/ER-1502-2015
of Fish and Wildlife, or the Regional Water Quality Control Board shall be secured and
presented to the City prior to the approval of any subdivision grading and/or
improvements related to the jurisdictional area. The engineer of record shall review the
permit approvals and any specific permit conditions for compliance with the plans,
subdivision improvement designs, drainage system design/report, and soils report. The
engineer of record shall forward the permits to the City with a notation that the permits
have been reviewed and are in general conformance with the design of the improvements.
85. The public improvement plans submittal shall clarify how any wetlands, creek corridors,
and riparian habitat areas will be preserved to the satisfaction of the Natural Resources
Manager. Include any specific details for the proposed creek crossings in accordance with
any preservation strategies, mitigation measures, and other requirements and needed
permits from agencies with jurisdiction or permitting authority. Sensitive areas shall be
staked, fenced, or otherwise delineated and protected prior to commencing with
construction, grading, or grubbing.
86. The developer shall exhaust reasonable efforts to eradicate and control the expansion of
any known non-native invasive plant species to the satisfaction of the Natural Resources
Manager. These plants may require treatment in advance and prior to commencing with
ground disturbing activities and grading.
87. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all
graded pads and for in-situ soils on natural lots in accordance with the current Building
Codes or otherwise as deemed necessary by the City Engineer or Building Official.
88. Final pad certifications shall include the certification of pad construction and elevations.
The soils engineer shall certify all grading prior to acceptance of the public improvements
and/or prior to building permit issuance. The certification shall indicate that the graded
pads are suitable for their intended use.
89. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public
improvement plans and final map shall reflect any additional improvements and private
easements necessary for slope protection and maintenance. Unless otherwise approved for
public maintenance by the City Engineer, brow ditches and drainage collection devices
shall be maintained by the HOA or funded by a Funding Mechanism.
90. A separate easement agreement for the existing and altered Cerro San Luis Channel shall
be approved to the satisfaction of the City. The easement agreement shall be in a format
provided by the City. The agreement shall include the Homeowners Association’s and
developer’s private maintenance responsibilities, limitations in use within the easement
area, and City access rights for maintenance in an emergency or if the HOA fails to
maintain.
91. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and/or private
roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where applicable.
The submittal shall provide additional analysis if site accessibility will not be provided and
PC 1-55
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 45 SPEC/ANNX/ER-1502-2015
for any feature or element where accessibility is purportedly not required. The
accessibility regulations or guidelines in effect at the time of subdivision improvement
construction will be applied.
92. The subdivision improvement plans, grading plans, drainage plans, and drainage reports
shall show and note compliance with City Codes, Standards and Ordinances, Floodplain
Management Regulations, specific plan stormwater provisions, Waterways Management
Plan Drainage Design Manual, and the Post Construction Stormwater Regulations as
promulgated by the Regional Water Quality Control Board, whichever pertinent sections
are more restrictive.
93. The improvement plan submittal shall include a complete grading, drainage, and erosion
control plan. The proposed grading, drainage plan, and reports shall consider the proposed
construction phasing. Historic off-site and upslope watersheds tributary to the area of
phased construction shall be considered. Run-on from adjoining developed or
undeveloped parcels shall be considered.
94. The project plan and reports shall show compliance with the City’s Floodplain
Management Regulations and FEMA requirements. This project is located within an
unstudied A zone and adjacent to an AE zone. The required Conditional Letter of Map
Revisions Based on Fill (CLOMR-F) shall be processed and approved by FEMA prior to
commencement of construction or placement of fill within the Special Flood Hazard Area
(SFHA). The final LOMR-F shall be submitted to FEMA, along with the required
Community Acknowledgement form, within 6 months of the completion of the grading.
The LOMR-F shall be approved by FEMA prior to acceptance of the final building pad
and development grades by the City of San Luis Obispo and prior to building permit
issuance.
95. The revised 100-year flood limits shall be shown and noted on the improvement plans and
an additional final map sheet for reference. The drainage report and final plans shall clarify
the 100-year flood elevations, clearances, and freeboard at all new vehicle bridge,
pedestrian bridge, and pipe bridge crossings of the creek corridors.
96. The improvement plans shall clarify the extent of improvements at each respective well
site related to the proposed grading, top soil removal, grade lowering, etc. The plan shall
include any alterations to well head and appurtenant electrical service, pum ps, and panel
boards. The plans shall show and note compliance with the City’s Floodplain Management
Regulations, adopted Building Code/Electrical Code, and Department of Water Resources
requirements for protection of the service equipment and the well/groundwater.
97. The engineer of record shall provide a digital copy of the final Hydrologic Engineering
Center’s River Analysis System (HEC-RAS) modeling to the City in accordance with
Section 4.0 of the Waterways Management Plan Drainage Design Manual.
98. The final drainage report, Post Construction Stormwater Regulation compliance strategy,
and plans shall include final details related to the Cerro Channel diversion structure. The
plan, report, and jurisdictional permits shall consider the limits of any necessary silt
removal and construction of the diversion. The applicant shall evaluate the need for any
PC 1-56
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 46 SPEC/ANNX/ER-1502-2015
additional upstream silt/trash removal and/or the elimination of illicit discharges from off-
site properties. The final reports and O & M Manual shall consider any need for on-going
maintenance. The plan shall include reasonable provisions for the capture of silt, trash,
and debris through pre-basins or other methods to minimize the impacts to the detention
basin.
99. The final stormwater reports, plan, and program shall include consideration of solid
waste/trash and floating trash removal from the stormdrain system and BMP’s prior to
discharge to the adjoining creeks and/or waterways. The strategy shall consider any City
or State regulations or guidelines regarding trash removal available at the time of public
improvement plan development and shall be approved to the satisfaction of the City
Engineer.
100. The developer shall prepare an Operations and Maintenance Manual for review and
approval by the City in conjunction with the development of any stormwater BMP’s that
will be maintained by the Homeowners Association, Property Owner Association, or by
private property owners. A Private Stormwater Conveyance Agreement shall be recorded
in a format provided by the City prior to final inspection approvals and acceptance of
subdivision improvements.
101. The subdivider/developer shall provide notification to private property owners regarding
any individual maintenance responsibility of any parkway or backyard stormwater BMP’s
in accordance with Section E.2 of the RQWCB Resolution R3-2013-0032. The
notification may be by Notice of Requirements or other method acceptable to the City.
102. The stormwater improvements other than City Standard public storm drain infrastructure
shall be maintained by the HOA. A separate encroachment/hold harmless agreement may
be required in conjunction with certain improvements proposed for location within the
public rights-of-way.
103. The final details for any proposed bio-retention facilities or other stormwater BMP’s
located within the public right-of-way shall be approved to the satisfaction of the City
Engineer. The project soils engineer shall review and provide recommendations on any
proposed site-constructed and/or proprietary retention systems. Analysis of impacts to the
public improvements, protection of utilities, and methods to minimize piping and
protection of private properties shall be addressed in the final analysis.
104. The proposed detention basins and any pre-basin shall be designed in accordance with the
Waterways Management Plan Drainage Design Manual. The proposed surface runoff and
drainage from the detention basin(s) shall include a non-erosive outlet to an approved point
of disposal. The outlet(s) design and location should replicate the historic drainage where
feasible. Any off-site detention basin, temporary basin, or other drainage improvements
shall be subject to approval by the City. Any required or proposed off-site grading or
drainage improvements shall be completed within recorded easements or under an
appropriate license or other private agreement.
105. The CC&R’s required by condition 111 shall entitle the owners of lots 1, 2, the commercial
lots, and any parcels resulting from the further subdivision of those parcels to annex to the
PC 1-57
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 47 SPEC/ANNX/ER-1502-2015
HOA to allow a common stormwater management strategy for the subdivision, at the
option of those owners. The subsequent development/re-subdivisions may, at the sole
discretion of those developers or subdividers, annex to the HOA, or demonstrate to the
satisfaction of the City how they will provide storm drainage mitigation through their own
development strategy and/or subdivision design and HOA. The HOA shall provide for
maintenance of all private common area drainage channels, on-site and/or sub-regional
drainage basins, water quality treatment and conveyance improvements. The CC&R's shall
be approved by the City and shall be recorded prior to or concurrently with recordation of
the Final Map. A Notice of Annexation or other appropriate mechanism to annex other
subdivisions into the HOA, including but not limited to any shared regional detention
basin, shall be recorded concurrently with the map.
106. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the
satisfaction of the City Engineer, Natural Resources Manager, and other permitting
agencies. The existing channel shall be cleared of any illegal dumping, construction
debris, or other deleterious material to the satisfaction of the City Natural Resources
Manager.
107. The project soils engineer shall review the final grading and drainage plans and Low
Impact Development (LID) improvements. The soils report shall include specific
recommendations related to public improvements, site development, utility, and building
pad/foundation construction related to the proposed LID improvements. The project soils
engineering report shall be referenced on the final map in accordance with the Subdivision
Regulations and City Engineering Standards.
108. A Storm Water Pollution Prevention Plan (SWPPP) is required in accordance with State
and local regulations. A hard copy of the SWPPP shall be provided to the City in
conjunction with the Public Improvement Plan submittal and subsequent building plan
submittals. The Water Discharge Identification (WDID) number shall be included by
reference on all construction plans sets. An erosion control plan shall be included with the
improvement plans and all building plan submittals for demolitions, grading, and new
construction.
109. The project development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County Air
Pollution Control District (APCD) regarding compliance with all local, state, and federal
regulations including but not limited to the National Emission Standards for Hazardous
Air Pollutants (NESHAP) regulations related to Naturally Occurring Asbestos (NOA) to
the City prior to plan approval, permits, and commencing with development grading.
Planning Requirements
110. At the time of submittal of a request for approval of a final map, the subdivider shall
provide a written report detailing the methods and techniques employed for complying
with these conditions of approval and the mitigation measures imposed upon certification
of the EIR for the Project.
111. Agricultural Heritage Facility and Learning Center: Prior to issuance of building permits
PC 1-58
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 48 SPEC/ANNX/ER-1502-2015
for Phase 3, the proposed relocation and rehabilitation/reconstruction of buildings at the
Agricultural Heritage Facility and Learning Center shall be completed in conformance
with Mitigation Measure CR-1(a). Prior to grading or commencement of any construction
activities for infrastructure or building construction, a security and protection plan shall be
submitted and approved to the satisfaction of the Community Development Director. The
plan shall detail methods to prevent trespassing and prevent removal of any building
materials. The plan shall continue to remain in active implementation through Phases 1 &
2, and prior to the relocation action.
112. 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 consistent with Section 2.6.7 of the San Luis
Ranch Specific Plan.
113. Prior to final map, County of San Luis Obispo Avigation easements shall be recorded for
each parcel within the development.
114. Prior to the recording of any phase of the final map, the applicant shall enter into and record
an Affordable Housing Agreement with the City, detailing the timing of construction of
affordable units on-site, and with guarantees to ensure timely delivery of all of the required
affordable housing units. The Affordable Housing Agreement must be included as an
exhibit to the Development Agreement, and include appropriate guarantees to ensure the
timely delivery of affordable housing units, dedication of real property, or payment of in -
lieu fees, consistent with Section 5.2.2 of the San Luis Ranch Specific Plan.
115. Pursuant to Government Code §66474.9(b), the subdivider 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 map and its related approvals, and all actions
relating thereto, including but not limited to environmental review. The City shall promptly
notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the
defense. If the city fails to promptly notify the subdivider of any claim, action, or
proceeding, or to cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify, or hold the City harmless.
116. This map is conditioned upon the annexation of the property to the city and this approval
shall not be effective until annexation of the property to the city has been completed. If the
annexation is not completed within one year of the date the City Council approves the map
or following any agreed extension in writing, then the approval of the map shall be null
and void. Consequently, no final or parcel map may be filed until the Project site is annexed
to the city.
PC 1-59
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 49 SPEC/ANNX/ER-1502-2015
Natural Resources
117. Subdivider shall submit a plan for the interim stockpiling and salvage of topsoils from the
protected agriculture land to the satisfaction of the Natural Resources Manager and
Community Development Director. The stockpiling / top soil salvage plan shall depict
depths of excavation, temporary storage locations for salvaged top soil, and phasing of
stockpiles so that no salvaged top soil stockpiles will be in place for a period greater than
seven (7) days at a time before being replaced back in the field in order to protect soil
health and viability for future farming operations. A pre-construction meeting shall be
required prior to any grading or top soil salvage activity, and post-top soil replacement and
finished slope and drainage aspect shall be confirmed by a surveyor using laser leveling or
similar techniques.
118. A comprehensive Habitat Mitigation and Monitoring Plan (HMMP) shall be submitted to
the satisfaction of or approval by the Natural Resources Manager that provides detailed
strategies for the restoration of riparian impacts to Prefumo Creek and Cerro San Luis
Channel to mitigate impacts associated with bridge structures and the stormwater outfall
locations, as well as for the restoration and protection strategy for the areas identified in
the Specific Plan for monarch butterfly habitat and the heron rookery. The HMMP shall
identify baseline conditions, restoration techniques, monitoring protocols, success
standards, and contingency measures and identify the responsible parties and funding
sources for implementing the plan.
Section 3. Term Sheet. The Planning Commission does hereby recommend that in order
to implement the approved Specific Plan and related entitlements, that the City Council approve
the Term Sheet to form the basis for the Development Agreement, which represents the tentative
agreement between the applicant and the City on important areas related to the phased and orderly
development of the property.
Findings:
1. A Development Agreement, which is authorized by statute pursuant to Government Code
section 65864 – 65869.5, is a contract between a developer and a city (or county) in which the
city provides the developer with vested development rights for a defined period of years in
exchange for the developer providing “extraordinary” public or “community” benefits that
exceed what would otherwise be permissible by law, i.e. the land use regulation “police powers”
delegated to local government by the State of California;
2. The Term Sheet forms the basis for the Development Agreement, which represents the tentative
agreement between the applicant and the City on important areas related to the phased and
orderly development of the property.
3. The Development Agreement works in parallel to other entitlements, and in the case of San
Luis Ranch, the proposed conditions of approval require its approval with a detailed
infrastructure financing plan before certain portions of the entitlement can take effect.
PC 1-60
Attachment 1
Resolution No. ______ (2017 Series) San Luis Ranch Specific Plan Project
Page 50 SPEC/ANNX/ER-1502-2015
4. The Development Agreement would not change the development parameters included in the
Specific Plan, but would fine-tune their implementation, building on the Conditions of Approval
associated with the Vesting Tentative Tract Map.
Section 4. Annexation. The Planning Commission does hereby recommend that in order
to implement the approved Specific Plan and related entitlements, that the City Council initiate the
process of annexing the project site into the City of San Luis Obispo, by authorizing staff to make
application for annexation to the San Luis Obispo Local Agency Formation Commission (LAFCo).
Findings:
1. The project area was identified as one of three Specific Plan areas designated for development
when the General Plan Land Use and Circulation Elements update were adopted by the City
Council in December 2014. The San Luis Ranch Specific Plan was prepared to implement this
aspect of the General Plan.
2. The San Luis Ranch Specific Plan are is within the City’s Sphere of Influence as defined by
LAFCo, which is an area designated for eventual annexation provided that City services can be
provided, and that that annexation is otherwise consistent with LAFCo policies;
3. The San Luis Ranch Specific Plan as conditionally approved, provides a framework for
providing the necessary City services.
On motion by , seconded by , and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 7th day of June, 2017.
_____________________________
Doug Davidson, Secretary
Planning Commission
PC 1-61
Attachment 1
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
1
SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo considers and relies on the Final Environmental
Impact Report (EIR; State Clearinghouse Number 2015101083) for the San Luis Ranch Specific
Plan in determining to carry out the project. The Final EIR consists of the Draft EIR, responses to
comments on the Draft EIR, a list of persons and agencies commenting on the Draft EIR, a
Mitigation Monitoring and Reporting Program, and technical appendices. The City Council has
received, reviewed, considered, and relied on the information contained in the Final EIR, as well
as information provided at hearings and submissions of testimony from official participating
agencies, the public, and other agencies and organizations.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and
Section 21081 of the Public Resources Code require a lead agency to adopt findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by that agency; or
Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
The California Code of Regulations, Title 14, Section 15091(b) requires that the City’s findings be
supported by substantial evidence in the record. Accordingly, the Lead Agency’s record consists
of the following, which are located at the City Community Development Department office, San
Luis Obispo, California:
Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the Lead Agency during public review and the public hearings on the San Luis Ranch
Project.
The City of San Luis Obispo San Luis Ranch Project Final Environmental Impact Report (May
2017).
In addition to making a finding for each significant impact, if the lead agency approves a project
without mitigating all of the significant impacts, it must prepare a statement of overriding
considerations, in which it balances the benefits of the project against the unavoidable
environmental risks. The statement of overriding considerations must explain the social,
economic, or other reasons for approving the project despite its environmental impacts (14 CCR
15093, Pub. Res. Code 21081).
This document contains the findings and statement of overriding considerations for the approval
of the San Luis Ranch Specific Plan and reflects the City’s independent judgment. This document
PC 1-62
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
2
incorporates by reference the Final EIR. The EIR, specific plan, and other portions of the
administrative record are available for review at:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
Contact: Doug Davidson
(805) 781-7177
Having received, reviewed and considered the foregoing information, as well as any and all
information in the record, the City Council of the City of San Luis Obispo hereby makes these
Findings pursuant to, and in accordance with, Section 21081 of the Public Resources Code.
SECTION 2. PROJECT DESCRIPTION
A. PROJECT OBJECTIVES
As required by the City General Plan, the San Luis Ranch Specific Plan is intended to contain
policies and standards that will facilitate appropriate development of land, protection of open
space, and provision of adequate public facilities. The Specific Plan is more detailed than the
General Plan but less precise than subdivision maps or construction plans. The overall objective
of the project is to adopt a specific plan for the San Luis Ranch project site, pursuant to the City
General Plan. The City’s objectives for the San Luis Ranch Specific Plan include:
1. Provide infill growth for the City that is anticipated and desired by City planning decisions and
guidelines;
2. Preserve agricultural land and open space on site, maintain agricultural views from U.S. 101;
3. Create significant entry-level, workforce housing opportunities within the City that is specifically
“affordable by design;”
4. Implement a walkable-bikeable neighborhood design that is integrated with public transit access
and open space amenities that encourage alternative modes of transportation;
5. Create new commercial, office and hotel opportunities that will accommodate and complement
existing businesses in downtown San Luis Obispo;
6. Develop an Agriculture Heritage Facilities & Learning Center offering seasonal attractions and
local goods that promote the region’s agricultural richness;
7. Establish an important link in the Bob Jones Regional Trail;
8. Provide fair-share financial contribution towards important public circulation improvements.
B. PROPOSED PROJECT
The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning,
and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including
annexation of the site into the City of San Luis Obispo. The project would also address a
Development Agreement/Memorandum of Understanding, which provides a mechanism for
project implementation. The project is intended to be consistent with the development parameters
PC 1-63
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
3
described in the City’s Land Use and Circulation Element (adopted in December 2014). The
project includes construction of up to 580 residential units, 150,000 square feet of commercial
development, 100,000 square feet of office development, and a 200-room hotel, with a portion of
the site preserved for agriculture and open space uses.
The San Luis Ranch Specific Plan is proposed to be constructed in six phases. Phases 1, 2, and 3
would consist of residential build out, with construction planned to begin in 2017 and anticipated
to be completed by 2020. Phases 4, 5, and 6 would consist of non-residential build out, with
construction planned to begin in 2017 and anticipated to be completed by 2023. In addition to the
land use components of the project, the project phasing plan indicates that the Froom Ranch Way
extension and infrastructural improvements along Madonna Road would be constructed
concurrent with Phases 1 and 2. Infrastructure improvements along Prado Road/Dalidio Drive,
traffic signal improvements, and the Froom Ranch Way Bridge are proposed to be constructed
beginning during Phase 3.The proposed phasing plan is shown in Figure 2-14 (Project Phasing
Plan) of the Final EIR.
These project elements are further described in the EIR, specifically Section 2.5, Project
Characteristics. The San Luis Ranch Specific Plan is included in the EIR as Appendix B, and is
available at the following link: http://www.slocity.org/government/department-
directory/community-development/planning-zoning/specific-area-plans/san-luis-ranch
SECTION 3. ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The Final EIR was prepared in compliance with CEQA and State CEQA Guidelines. In accordance
with Section 15121 of the State CEQA Guidelines, the purpose of this Final EIR is to serve as an
informational document for the public and City of San Luis Obispo decision makers. Although
the project is a specific plan and development plan, The Final EIR contains a project-level
environmental review that fulfills the requirement of a project-level EIR. As defined in CEQA
Guidelines Section 15161, a project-level EIR:
…examines the environmental impacts of a specific development project. This type of EIR should
focus primarily on the changes in the environment that would result from the development project.
The EIR shall examine all phases of the project including planning, construction, and operation.
Pursuant to CEQA Guidelines Section 15182, “where a public agency has prepared an EIR on a
specific plan after January 1, 1980, no EIR or negative declaration need be prepared for a
residential project undertaken pursuant to and in conformity to that specific plan if the project,”
as long as the residential project is within the scope of the EIR, no new environmental effects are
anticipated to occur, and no new mitigation measures are required for the residential project.
In accordance with Section 15088 of the State CEQA Guidelines, Draft EIR was circulated for a
52-day public review period that began December 9, 2016 and concluded on January 31, 2017. The
original 45-day comment period was scheduled to end on January 23, 2017, but was extended one
calendar week. The City held a public Planning Commission hearing on January 11, 2017, which
PC 1-64
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
4
was continued on January 25, 2017, to receive public testimony in the form of verbal comments
on the Draft EIR. The City held a Cultural Heritage Committee hearing for the project on January
23, 2017 to receive public testimony in the form of verbal comments on the Draft EIR.
In addition, Section 5.0, Other CEQA-Related Discussions, of the Draft EIR was recirculated for a
45-day public review period that began March 3, 2017 and concluded on April 17, 2017. This
section of the Draft EIR was revised to include an updated discussion of energy use and
conservation related to the project. This recirculation also included the relevant portions of
Appendix D as originally contained in the Draft EIR. It should be noted that as a result of this
new discussion, no new significant impacts or mitigation measures were identified. Pursuant to
Section 15088.5(c) of the State CEQA Guidelines, if the revisions subject to recirculation ar e
limited to a few portions of the Draft EIR, the lead agency need only recirculate the portions that
have been modified.
Responses to each written and verbal comment that the City received are included in the
Responses to Comments section of the Final EIR. The Draft EIR and Responses to Comments
collectively comprise the Final EIR for the project.
B. IMPACT ANALYSIS
Three categories of impacts are identified in the Environmental Impact Report:
Class I Class I impacts are significant and unavoidable. To approve a project resulting in
Class I impacts, the CEQA Guidelines require decision makers to make findings
of overriding consideration that “specific legal, technological, economic, social, or
other considerations make infeasible the mitigation measures or alternatives
identified in the EIR.”
Class II Class II impacts are significant but can be mitigated to a level of insignificance by
measures identified in the Final EIR. When approving a project with Class II
impacts, the decision makers must make findings that changes or alternatives to
the project have been incorporated that reduce the impacts to a less than significant
level.
Class III Class III impacts are adverse but not significant.
SECTION 4. FINDINGS FOR LESS THAN SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT
The findings below are for Class III impacts. Class III impacts are adverse but not significant.
The City Council has concluded that the following effects are effects are adverse but not
significant.
A. AESTHETICS
PC 1-65
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
5
1. Impact AES-1: Although there are potentially adverse impacts to scenic viewsheds, the
project would implement the open space and agricultural preservation and design elements
included in the proposed Specific Plan. Therefore, potential impacts to scenic vistas and scenic
resources within a state scenic highway would be less than significant. (Refer to page 4.1-11
of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
2. Impact AES-2: The project would alter the existing visual character of the site by converting
over half of the agricultural site into a predominantly residential and commercial use site.
Due to the project’s visual compatibility with surrounding development, preservation of on-
site open space and agricultural land, and compliance with design guidelines, the project’s
impact on the visual character and quality of the site would be less than significant. (Refer to
page 4.1-13 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
3. Impact AES-3: The project would introduce a new source of nighttime lighting and daytime
glare, which could increase ambient light and affect the quality of the nighttime sky.
However, project compliance with existing City requirements and design guidelines would
limit the magnitude of these effects. (Refer to page 4.1-15 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
4. Cumulative Aesthetics Impacts: As determined in the LUCE Update EIR, all development
that adheres to applicable General Plan policies would result in less than significant aesthetic
impacts. Therefore, the overall aesthetic impact of cumulative development in the project
vicinity would be less than significant. (Refer to page 4.1-16 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
B. AGRICULTURAL RESOURCES
1. Impact AG-2: The project would alter the existing land use and zoning on the project site.
However, these alterations would be consistent with the General Plan’s identification of the
San Luis Ranch Specific Plan for a mix of urban, agricultural, and open space use. (Refer to
page 4.2-19 of the Final EIR.)
PC 1-66
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
6
c. Mitigation: None
d. Finding: The City finds that the impact is adverse, but less than significant.
2. Impact AG-4: Re-grading of the project site would not result in significant degradation of
viability of on-site agricultural land. (Refer to page 4.2-23 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
3. Cumulative Agricultural Resources Impacts: Consistent with the LUCE Update EIR, the
project would implement Land Use Element Policies 1.8.1 and 1.9.2, and Conservation and
Open Space Element Policy 8.6.3. (Refer to page 4.2-24 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
C. AIR QUALITY
1. Impact AQ-4: The project would not expose sensitive receptors to substantial pollutant
concentrations. (Refer to page 4.3-29 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
D. GREENOUSE GAS EMISSIONS
1. Impact GHG-1: The San Luis Ranch Specific Plan is consistent with the City’s Climate Action
Plan. (Refer to page 4.6-16 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
E. HAZARDS AND HAZARDOUS MATERIALS
1. Impact HAZ-1: Small quantities of hazardous materials may be used in conjunction with the
proposed residential and commercial retail uses on site. However, these materials would be
limited in type and quantity such that they would not create a hazard to the public or
environment. (Refer to page 4.7-18 of the Final EIR.)
PC 1-67
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
7
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
2. Impact HAZ-2: The project site is adjacent to U.S. Highway 101, on which accidents that
involve hazardous materials could occur. Such accidents could potentially create a significant
hazard to the public or environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment. However,
compliance with applicable regulations related to the handling and storage of hazardous
materials would minimize the risk of the public’s potential exposure to these substances.
(Refer to page 4.7-19 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
3. Impact HAZ-3: Two schools are located within one-quarter mile of the project site.
Compliance with existing federal, State, and local regulations would ensure that hazardous
materials impacts to schools would remain less than significant. (Refer to page 4.7-20 of the
Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
4. Impact HAZ-7: Asbestos Containing Material (ACM) and Lead Based Paint (LBP) may be
present in existing on-site structures. Demolition of these structures would be required to
comply with applicable State and local policies and regulations for the control and
remediation of hazardous materials to prevent human exposure. (Refer to page 4.7-27 of the
Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
5. Impact HAZ-8: The project site is located within a San Luis Obispo County Regional Airport
area of influence. The project would be consistent with the CALUPH Airport Safety Zones,
which represent the extent of Airport-related safety hazard zones for people residing or
working in these areas. (Refer to page 4.7-27 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
6. Cumulative Hazards and Hazardous Materials Impacts: As described in the LUCE Update
EIR, adherence to applicable General Plan policies and applicable State and federal regulatory
requirements would reduce any cumulative hazards and hazardous materials impacts
PC 1-68
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
8
resulting from buildout of the City under the General Plan, including buildout of the San Luis
Ranch Specific Plan, to a less than significant level. (Refer to page 4.7-30 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
F. HYDROLOGY AND WATER QUALITY
1. Impact HWQ-2: The project would alter the existing drainage pattern of the project site, which
could result in flooding, erosion, or siltation onsite and offsite. However, the proposed
retention and detention systems, along with compliance with applicable regulations, would
ensure that this impact would remain less than significant. (Refer to page 4.8-25 of the Final
EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
2. Cumulative Water Quality Impacts: The project, in conjunction with pending cumulative
development would not significantly increase the concentration of urban pollutants such as
oil, grease, and vehicular heavy metals in surface runoff. Polluted runoff which may be
generated during construction activities of cumulative development and projects considered
in this analysis would be regulated by the SWRCB under General Construction, NPDES
permits, and would be minimized through the implementation of standard construction
BMPs. (Refer to page 4.8-33 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
3. Cumulative Flooding Impacts: The proposed on-site drainage system would adequately
capture associated runoff, and the project would not substantially contribute to flooding on-
or off-site. The project grading plan has been designed such that the resulting post-
development floodplain would exclude areas proposed for housing. (Refer to page 4.8-33 of
the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
G. LAND USE
1. Impact LU-3: The Specific Plan would be consistent with the land use strategy in SLOCOG’s
2014 Regional Transportation Plan/Sustainable Communities Strategy. (Refer to page 4.9-44
of the Final EIR.)
PC 1-69
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
9
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
2. Impact LU-4: The Specific Plan would allow residential and non-residential land uses
consistent with density and use restrictions in the City’s Airport Safety Zones, which
represent the extent of Airport-related safety hazard zones for people residing or working in
these areas. The LUCE Update EIR provided substantial evidence that the development of the
San Luis Ranch Specific Plan Area under the updated General Plan land use designations
would be consistent with ALUP safety and noise standards. The project would not conflict
with land use policies intended to prevent airport-related safety hazards. (Refer to page 4.9-
45 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
H. NOISE
1. Impact N-2: Short-term construction activities would generate intermittent levels of
groundborne vibration. However, the expected vibration level during construction of the
project would not be perceptible at the nearest residential receptors. (Refer to page 4.10-19 of
the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
2. Impact N-3: Project-generated traffic would incrementally increase traffic-related noise on
study area roadway segments, except on Madonna Road near the project site, which would
potentially affect existing noise-sensitive receptors along local roadways. However, the
increase in traffic noise levels along area roadways would not exceed 3 dBA, which is the
increase threshold typically audible to the human ear. (Refer to page 4.10-20 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is adverse, but less than significant.
3. Cumulative Noise Impacts: Traffic noise levels along roadways in the project vicinity would
not increase by more than 0.5 dBA due to cumulative traffic. This increase would not be
significant based on the applicable traffic noise increase threshold of 3 dBA. (Refer to page
4.10-37 of the Final EIR.)
a. Mitigation: None
PC 1-70
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
10
b. Finding: The City finds that the impact is adverse, but less than significant.
I. WATER RESOURCES
1. Impact WR-1: The project would increase water demand as a result of new residential and
commercial development on the project site. However, the project’s water demand would be
within the City of San Luis Obispo’s projected primary water supply. (Refer to page 4.13-10
of the Final EIR.)
a. Mitigation: The Specific Plan includes water conservation measures intended to manage
on-site water consumption associated with development Specific Plan Development. No
mitigation is required.
b. Finding: The City finds that the impact is adverse, but less than significant.
2. Cumulative Water Resources Impacts: The project’s water demand would not exceed supply
when combined with all possible future development within the City. In addition, the project
would reduce the overall demand on the San Luis Obispo groundwater basin as a result of
reduced on-site agricultural uses and, therefore, would not exacerbate potential cumulative
impacts on the local groundwater basin associated with future development within the City.
(Refer to page 4.13-14 of the Final EIR.)
a. Mitigation: The Specific Plan includes water conservation measures intended to manage
on-site water consumption associated with development Specific Plan Development. No
mitigation is required.
b. Finding: The City finds that the impact is adverse, but less than significant.
SECTION 5. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL
EFFECTS OF THE PROPOSED PROJECT THAT HAVE BEEN
MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
Class II impacts are significant but can be mitigated to a level of insignificance by measures identified in
the EIR. When approving a project with Class II impacts, the decision-makers must make findings that
changes or alterations to the project have been incorporated that reduce the impacts to a less than
significant level.
This section presents the project’s significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to make findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
PC 1-71
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
11
Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by that agency; or
Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies impacts that can be fully avoided or reduced to a less-than-significant level
through the incorporation of feasible mitigation measures into the project, as identified in the
Final EIR. The impacts identified in this section are considered in the same sequence in which
they appear in the EIR.
A. AGRICULTURAL RESOURCES
1. Impact AG-1: The project would result in the direct conversion of 56 acres of Prime Farmland,
as mapped by the FMMP, to non-agricultural uses. With implementation of Mitigation
Measure AG-1, Agricultural Conservation, this impact would be reduced to a less than
significant level. (Refer to page 4.2-15 of the Final EIR.)
a. Mitigation: Specific Plan Goal 2 establishes a goal to provide a community that maintains
and promotes the land’s agricultural heritage. San Luis Ranch Specific Plan Policy 2.4,
which requires strict monitoring of the conversion of active agriculture to non-agricultural
uses and consideration of the possible effects of new development on character of the
community as a whole, is intended to help achieve Specific Plan Goal 2. The project also
includes a commitment, to be included in the Development Agreement, to procure an off-
site agricultural conservation easement/deed restriction to comply with the Land Use
Element Policy 8.1.4.f. In addition to these Specific Plan and project components, the
following mitigation measures would be required to ensure that impacts associated with
the conversion of Prime Farmland are mitigated to the maximum extent feasible
— Mitigation Measure AG-1 Agricultural Conservation. Prior to issuance of any grading
permits, the project proponent shall provide that for every one (1) acre of Important
Farmland (Prime Farmland, Farmland of Statewide Importance, and Unique
Farmland) on the site that is permanently converted to non-agricultural use as a result
of project development, one (1) acre of land of comparable agricultural productivity
shall be preserved in perpetuity. The land dedicated to agriculture pursuant to this
measure shall be of size, location and configuration appropriate to maintain a viable,
working agricultural operation. The acreage required to meet the 1:1 ratio may be met
by the off-site agricultural conservation easement/deed restriction proposed by the
project applicant, as long as this land meets the conditions outlined in this measure.
Said mitigation shall be satisfied by the applicant through:
1) Granting a perpetual conservation easement(s), deed restriction(s), or other
farmland conservation mechanism(s) to the City or qualifying entity, which has
been approved by the City, such as the Land Conservancy of San Luis Obispo, for
PC 1-72
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
12
the purpose of permanently preserving agricultural land. The required
easement(s) area or deed restriction(s) shall therefore total a minimum of 56 acres
of Prime Farmland. The land covered by said on- and/or off-site easement(s) or
deed restriction(s) shall be located within or contiguous to the City’s Urban
Reserve Line or Greenbelt subject to review and approval of the City’s Natural
Resources Manager; or
2) Making an in-lieu payment to a qualifying entity, which has been approved by the
City, such as the Land Conservancy of San Luis Obispo, the be applied toward the
future purchase of a minimum of 56 acres of Prime Farmland in San Luis Obispo
County, together with an endowment amount as may be required. The payment
amount shall be determined by the qualifying entity or a licensed appraiser; or
3) Making an in-lieu payment to a qualifying entity, which has been approved by the
City and that is organized for conservation purposes, to be applied toward a future
perpetual conservation easement, deed restriction, or other farmland conservation
mechanism to preserve a minimum of 56 acres of Prime Farmland in San Luis
Obispo County. The amount of the payment shall be determined by the qualifying
entity or a licensed appraiser; or
4) Any combination of the above.
Prior to issuance of any grading permits for the project, the applicant shall provide
evidence of the recorded easement(s), deed restriction(s), or evidence of payment to
the City Planning Department or qualifying entity, for approval to demonstrate
compliance with this measure.
b. Finding The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact AG-3: The project would include development of commercial and residential uses
adjacent to agricultural uses on the project site. This may result in conflict with existing or
future urban and agricultural zoning and uses and adversely affect the long-term viability of
the remaining agricultural uses onsite and at the adjacent SLO City Farm. However, with
implementation of Mitigation Measures AG-3(a) through AG-3(c), which require agricultural
conflict avoidance measures be added to the Specific Plan, agricultural fencing, and buffer
landscaping, as well as compliance with standard APCD dust control measures and City
policies, this impact would be reduced to a less than significant level. (Refer to page 4.2-20 of
the Final EIR.)
a. Mitigation: Specific Plan Goal 2 establishes a goal to provide a community that maintains
and promotes the land’s agricultural heritage. San Luis Ranch Specific Plan Policy 2.1
requires that the Specific Plan encourage open space and agricultural uses that support a
green buffer surrounding residential and commercial neighborhoods in the Specific Plan
area. Specific Plan Policy 2.4 requires strict monitoring of the conversion of active
agriculture to non-agricultural uses and considers the possible effects of new
development on character of the community as a whole. Specific Plan Policy 2.7 requires
incorporation of appropriate agricultural uses in public places and neighborhoods. These
policies are intended to help achieve Specific Plan Goal 2. The Specific Plan also includes
PC 1-73
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
13
a 72-foot buffer between agricultural operations and urban development to reduce and/
or avoid noise, dust, light impacts, odors, chemical use, access by people and pets,
pilferage, and pesticide drift to new residential and commercial land uses on the project
site. In addition, the Specific Plan proposes that on-site agricultural operations would
transition to organic farming, which would not involve pesticide or chemical fertilizer use
on the site. Nevertheless, the following mitigation measure would be required.
— Mitigation Measure AG-3(a) Agricultural Conflict Avoidance Measures. The
following language shall be added to Section 4.2.1, Agricultural Buffer, of the San Luis
Ranch Specific Plan:
Agricultural buffers will include City-approved measures to reduce availability of
public access to agricultural cultivation areas adjacent to the project site (e.g., fencing,
signs, etc.). Future residents will be notified of agricultural buffers as part of purchase
or lease agreements.
— Mitigation Measure AG-3(b) Agricultural Fencing. The project applicant shall
coordinate with the City to fund installation of fencing and signs along Froom Ranch
Way and Dalidio Drive/Prado Road to minimize potential for increases in trespass
and vandalism of adjacent agricultural areas.
— Mitigation Measure AG-3(c) Buffer Landscaping. To reduce the potential for noise,
dust, and pesticide drift to affect future residents on the project site, the project
applicant shall ensure that project landscape plans include planting of a windrow of
trees and shrubs within the agricultural buffer along Froom Ranch Way at a sufficient
density to buffer the site from surrounding agricultural operations.
b. Finding The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
B. AIR QUALITY
1. Impact AQ-2: Construction of the project would generate temporary increases in localized air
pollutant emissions. Construction emissions of ROG, NOX, and DPM would exceed
SLOAPCD construction thresholds. However, with implementation of Mitigation Measures
AQ-2(a) through AG-2(e), which require fugitive dust control measures, standard control
measures for construction equipment, Best Available Control Technology (BACT) for
construction equipment, low or no VOC-emission paint for architectural coatings, and
preparation of a Construction Activity Management Plan (CAMP), this impact would be
reduced to a less than significant level. (Refer to page 4.3-13 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce construction
emissions of ROG, NOX, DPM, and fugitive dust.
PC 1-74
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
14
— Mitigation Measure AQ-2(a) Fugitive Dust Control Measures. Construction projects
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 or a SLOAPCD-approved dust suppressant shall be used
whenever possible, to reduce the amount of potable water used for dust control;
• 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;
• All of these fugitive dust mitigation measures shall be shown on grading and
building plans; and
• The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below 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.
— Mitigation Measure AQ-2(b) Standard Control Measures for Construction
Equipment. 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;
PC 1-75
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
15
• Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for sue 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;
• On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California
Code of Regulations. This regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of more than 10,000 pounds
and licensed for operation on highways. It applies to California and non-California
based vehicles. In general, the regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle's primary diesel engine for greater than 5-
minutes at any location, except as noted in Subsection (d) of the
regulation; and,
2. Shall not operate a diesel-fueled auxiliary power system (APS) to
power a heater, air conditioner, or any ancillary equipment on that
vehicle during sleeping or resting in a sleeper berth for greater than
5.0 minutes at any location when within 1,000 feet of a restricted area,
except as noted in Subsection (d) of the regulation.
• Off-road diesel equipment shall comply with the 5-minute idling restriction
identified in Section 2449(d)(2) of the California Air Resources Board's In-Use Off-
Road Diesel regulation.
• Signs shall be posted in the designated queuing areas and or job sites to remind
drivers and operators of the 5 minute idling limit;
• In addition to the state required diesel idling requirements, the project applicant
shall comply with these more restrictive requirements to minimize impacts to
nearby sensitive receptors:
1. Signs that specify the no idling areas shall be posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
3. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors;
4. Use of alternative fueled equipment is recommended;
• 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 (CNG), liquefied natural gas (LNG), propane or biodiesel.
— Mitigation Measure AQ-2(c) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for diesel-fueled construction
PC 1-76
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
16
equipment shall be implemented during construction activities at the project site,
where feasible:
• Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and
2010 on-road compliant engines where feasible;
• Repowering equipment with the cleanest engines available; and
• Installing California Verified Diesel Emission Control Strategies, such as level 2
diesel particulate filters. These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
— Mitigation Measure AQ-2(d) Architectural Coating. To reduce ROG and NOX levels
during the architectural coating phase, low or no VOC-emission paint shall be used
with levels of 50 g/L or less.
— Mitigation Measure AQ-2(e) Construction Activity Management Plan. Emissions
reduction measures and construction practices required to comply with Mitigation
Measures AQ-2(a) through AQ-2(d) shall be documented in a Construction Activity
Management Plan (CAMP) and submitted to SLOAPCD for review and approval at
least three months before the start of construction. The CAMP shall include a Dust
Control Management Plan, tabulation of on and off-road construction equipment (age,
horse-power and miles and/or hours of operation), construction truck trip schedule,
construction work-day period, and construction phasing. If implementation of the
Standard Mitigation and Best Available Control Technology measures cannot bring
the project below the Tier 1 threshold (2.5 tons of NOX+ROG per quarter), off-site
mitigation shall be implemented in coordination with SLOAPCD to reduce NOX and
ROG emissions to below the Tier 1 threshold.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact AQ-3: Operation of the project would generate air pollutant emissions on an ongoing
daily and annual basis. The project’s daily emissions would exceed SLOAPCD daily
emissions thresholds, but would not exceed annual thresholds. Implementation of Mitigation
Measure AQ-3(a), SLOAPCD Standard Operational Mitigation Measures, and Mitigation
Measure AQ-3(b), Off-Site Mitigation, would reduce emissions to a less than significant level.
(Refer to page 4.3-19 of the Final EIR.)
a. Mitigation: The Specific Plan includes a mix of commercial and residential uses, a new
transit connection, and workforce housing intended to balance jobs and housing. The
project also emphasizes bikeways and pedestrian connections, all of which contribute to
reduced VMT and air pollutant emissions. In addition to these project components, the
following mitigation measures would be required to reduce operational emissions. All
feasible on-site mitigation (Mitigation Measure AQ-3[a]) shall be implemented prior to
implementation of off-site mitigation (Mitigation Measure AQ-3[b]).
PC 1-77
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
17
— Mitigation Measure AQ-3(a) Standard Operational Mitigation Measures. Prior to
issuance of grading permits, the applicant shall define and incorporate into the San
Luis Ranch Specific Plan standard emission reduction measures from the SLOAPCD
CEQA Air Quality Handbook to reduce emissions to below daily threshold levels.
Emission reduction measures shall include, but would not be limited to:
• Increase the building energy rating by 20 percent above 2013 Title 24 requirements
(used in the California Emissions Estimator Model) or consistent with 2016 Title
24 requirements, whichever is stricter. Measures used to reach the 20 percent
rating cannot be double counted;
• Utilize onsite renewable energy systems (e.g., solar, wind, geothermal, low-impact
hydro, biomass and bio-gas); and
• Provide bicycle-share program.
In addition, the proposed hotel component of the Specific Plan shall participate in the
SLO Car Free Program, provide incentives to car-free travelers, and promote the
program in their communication tools.
— Mitigation Measure AQ-3(b) Off-site Mitigation. If implementation of standard
emission reduction measures from the SLOAPCD CEQA Air Quality Handbook
described in Mitigation Measure AQ-3(a) is insufficient to reduce emissions to below
daily threshold levels, then the applicant shall coordinate with SLOAPCD to provide
funding for off-site emission reduction measures to reduce emissions to below daily
threshold levels. In accordance with SLOAPCD methodology, the excess emissions
shall be multiplied by the cost effectiveness of mitigation as defined in the State’s
current Carl Moyer Incentive Program Guidelines to determine the annual off-site
mitigation amount. This amount shall then be extrapolated over the life of the project
to determine total off-site mitigation. Off-site emission reduction measures may
include, but would not be limited to:
• Developing or improving park-and-ride lots;
• Retrofitting existing homes in the project area with SLOAPCD-approved wood
combustion devices;
• Retrofitting existing homes in the project area with energy-efficient devices;
• Constructing satellite worksites;
• Funding a program to buy and scrap older, higher emission passenger and heavy-
duty vehicles;
• Replacing/re-powering transit buses;
• Replacing/re-powering heavy-duty diesel school vehicles (i.e. bus, passenger or
maintenance vehicles);
• Funding an electric lawn and garden equipment exchange program;
• Retrofitting or re-powering heavy-duty construction equipment, or on-road
vehicles;
• Re-powering marine vessels;
• Re-powering or contributing to funding clean diesel locomotive main or auxiliary
engines;
• Installing bicycle racks on transit buses;
PC 1-78
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
18
• Purchasing particulate filters or oxidation catalysts for local school buses, transit
buses or construction fleets;
• Installing or contributing to funding alternative fueling infrastructure (i.e. fueling
stations for CNG, LPG, conductive and inductive electric vehicle charging, etc.);
• Funding expansion of existing transit services;
• Funding public transit bus shelters;
• Subsidizing vanpool programs;
• Subsidizing transportation alternative incentive programs;
• Contributing to funding of new bike lanes;
• Installing bicycle storage facilities; and
• Providing assistance in the implementation of projects that are identified in City
or County Bicycle Master Plans.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
C. BIOLOGICAL RESOURCES
1. Impact BIO-1: Implementation of the project could have a substantial adverse effect on
candidate, sensitive, or special status species that may occur on the project site.
Implementation of Mitigation Measures BIO-1(a) through BIO-1(h), which require Best
Management Practices (BMPs) for construction, Worker Environmental Awareness Program
Training, and avoidance or minimization measures for western pond turtle, two-striped
garter snake, California red-legged frog, steelhead, great blue heron, monarch butterfly,
nesting birds, and roosting bats, would reduce impacts to listed, candidate or special-status
plant and wildlife species to a less than significant level and ensure that the project would
comply with COSE Policies 7.3.1, Protect Listed Species, and 7.3.2, Species of Local Concern.
(Refer to page 4.4-50 of the Final EIR.)
a. Mitigation: Specific Plan Policy 5.3 and Program 5.3.1 require attention be given to the
preservation of biological and habitat resources through the identification of sensitive
habitats and species early in the development process. Nevertheless, Mitigation Measures
BIO-1(a) through BIO-1(h) would be required to reduce impacts to special status animal
species.
— Mitigation Measure BIO-1(a) Best Management Practices. The applicant shall ensure
the following general wildlife Best Management Practices (BMPs) are required for
construction activity within the San Luis Ranch Specific Plan 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.
PC 1-79
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
19
• All refueling, maintenance, and staging of equipment and vehicles shall occur at
least 100 feet from Prefumo 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 (RWQCB).
• Prior to construction activities in areas adjacent to Prefumo Creek and Cerro San
Luis Channel, 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 20 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.
• To control sedimentation during and after project implementation, appropriate
erosion control BMPs (e.g., use of coir rolls, jute netting, etc.) shall be implemented
to minimize adverse effects on Prefumo Creek. No plastic monofilament netting
shall be utilized on site.
• Construction equipment shall be inspected at the beginning of each day to ensure
that wildlife species have not climbed into wheel wells or under tracks since the
equipment was last parked. Any sensitive wildlife species found during
inspections shall be gently encouraged to leave the area by a qualified biological
monitor or otherwise trained personnel.
• All vehicles and equipment shall be in good working condition and free of leaks.
• Environmentally Sensitive Areas shall be delineated by a qualified biologist prior
to construction to confine access routes and construction areas.
• 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. No construction night lighting shall be permitted within 100 yards of the
top of the Prefumo Creek bank.
• Concrete truck and tool washout shall be limited to locations designated by a
qualified biologist such that no runoff will reach Prefumo Creek or Cerro San Luis
Channel.
• 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.
• Existing facilities and disturbed areas shall be used to the extent possible to
minimize the amount of disturbance and all new access roads other than the
Froom Ranch Way Bridge shall be cited to avoid high quality habitat and minimize
habitat fragmentation.
• In the event that construction must occur within the creek or creek setback, a
biological monitor shall be present during all such activities with the authority to
stop or redirect work as needed to protect biological resources.
PC 1-80
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
20
— Mitigation Measure BIO-1(b) Worker Environmental Awareness Program Training.
Prior to the initiation of construction activities (including staging and mobilization),
the applicant shall ensure all personnel associated with project construction 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 WEAP and understand the information
presented to them.
— Mitigation Measure BIO-1(c) Western Pond Turtle and Two-Striped Garter Snake
Impact Avoidance and Minimization. The applicant shall ensure the following actions
are implemented to avoid and minimize potential impacts to western pond turtle and
two-striped garter snake (these reptiles utilize similar habitats; therefore,
implementation of the proposed measures for western pond turtle are also suitable
and appropriate for two-striped garter snake):
• A qualified biologist(s) shall conduct a pre-construction survey within 24 hours
prior to the onset of work activities within and around areas that may serve as
potential western pond turtle habitat. If this species is found and the individuals
are likely to be injured or killed by work activities, the approved biologist shall be
allowed sufficient time to move them from the project site before work activities
begin. The biologist(s) must relocate any western pond turtle the shortest distance
possible to a location that contains suitable habitat that is not likely to be affected
by activities associated with the project.
• Access routes, staging, and construction areas shall be limited to the minimum
area necessary to achieve the project goal and minimize potential impacts to
western pond turtle habitat including locating access routes and construction
staging areas outside of wetlands and riparian areas to the maximum extent
practicable.
— Mitigation Measure BIO-1(d) California Red-legged Frog, Western spadefoot, and
Coast Range Newt Impact Avoidance and Minimization. The applicant shall
implement the following to avoid and minimize potential impacts to CRLF. Because
coast range newt and western spadefoot are amphibians that utilize similar habitats
to CRLF, implementation of the following measures provided for CRLF shall be
implemented for these species as well.
• Only USFWS-approved biologists shall participate in activities associated with the
capture, handling, and monitoring of CRLF.
PC 1-81
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
21
• Ground disturbance shall not begin until written approval is received from the
USFWS that the biologist is qualified to conduct the work. If the USFWS does not
authorize the relocation of CRLF occurring within the project site, CRLF found
within the project site shall be avoided with a 100-foot buffer and no activities shall
occur within that buffer until the CRLF has left the project site on its own.
• Areas of the project site that lie within 100 feet upland from riparian or
jurisdictional areas shall be surrounded by a solid temporary exclusion fence (such
as silt fencing) that shall extend at least three feet above the ground and be buried
into the ground at least 6 inches to exclude CRLF from the project site. Plastic
monofilament netting or other similar material will not be used. The location of
the fencing shall be determined by a qualified biologist. The fence shall remain in
place throughout construction activities. Installation of the exclusion fencing shall
be monitored by a qualified biologist to ensure that it is installed correctly.
• During new grading activities in habitats within 100 feet upland from riparian or
jurisdictional areas, a qualified biologist shall be on-site to recover any spadefoot
toads that may be excavated/unearthed with native material or found under
vegetation. If the animals are in good health, they shall be immediately relocated
to a designated release area. If they are injured, the animals shall be turned over
to an approved wildlife rehabilitator until they are in a condition to be released
into the designated release area.
• To ensure that diseases are not conveyed between work sites by the approved
biologist, the fieldwork code of practice developed by the Declining Amphibian
Populations Task Force shall be followed at all times.
— Mitigation Measure BIO-1(e) Steelhead Impact Avoidance and Minimization. The
applicant shall ensure the following actions are undertaken to avoid and minimize
potential impacts to steelhead:
• Before any activities begin on the project, a qualified biologist will conduct a
training session for all construction personnel. At a minimum, the training will
include a description of the steelhead and its habitat, the specific measures that are
being implemented to conserve this species for the project, and the boundaries
within which the project may be accomplished. Brochures, books, and briefings
may be used in the training session, provided that a qualified person is on hand to
answer any questions.
• During the duration of project activities, all trash that may attract predators will
be properly contained and secured, promptly removed from the work site, and
disposed of regularly. Following construction, all trash and construction debris
will be removed from the work areas.
• All refueling, maintenance, and staging of equipment and vehicles will occur at
least 100 feet from riparian habitat or bodies of water and in a location where a
potential spill would not drain directly toward aquatic habitat (e.g., on a slope that
drains away from the water source). The monitor shall ensure that contamination
of suitable habitat does not occur during such operations. Prior to the onset of
work activities, a plan must be in place for prompt and effective response to any
accidental spills. All workers shall be informed of the importance of preventing
spills and of the appropriate measures to take should an accidental spill occur.
PC 1-82
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
22
• The number of access routes, size of staging areas, and the total area used for
construction activities shall be limited to the minimum area necessary to achieve
the project goals.
• The City will only permit work within the immediate vicinity of Prefumo Creek
for times of the year when potential impacts to steelhead would be minimal. Work
shall be restricted during the wet season (October 15 through April 30) and should
ideally occur during the late summer and early fall during the driest portion of the
year; however, water may still be present during construction. If work is proposed
in the streambed and water is present during construction, a diversion will be
required to dewater the work area and the following avoidance and minimization
measures will apply:
1. Upstream and downstream passage for fish, including juvenile steelhead, shall
be provided through or around the construction site at all times construction
is occurring within the Prefumo Creek streambed.
2. A qualified biologist shall conduct a pre-construction survey and be present
onsite during the diversion installation and dewatering process to capture and
relocate any trapped steelhead and/or other fish. Upon approval from the
NMFS, the biologist(s) must relocate these individuals the shortest distance
possible to a location that contains suitable habitat that is not likely to be
affected by activities associated with the project.
3. Dewatering operations shall employ a five millimeter mesh screen fastened to
the intake hose to exclude fish and other wildlife species from the pump.
4. Steelhead shall be excluded from the construction zone with block nets
installed upstream and downstream the of the bridge construction zone. The
distance upstream and downstream for block net installation will depend on
the type of construction activities occurring in the streambed.
• To control sedimentation during and after project implementation, the following
BMPs shall be implemented. If the BMPs are somehow ineffective, consultation
with the City and appropriate resource agencies will be undertaken, and all
attempts to remedy the situation will commence immediately.
1. It shall be the owner’s/contractor’s responsibility to maintain control of the
entire construction operations and to keep the entire site in compliance.
2. The owner/contractor shall be responsible for monitoring erosion and
sediment control measures (including but not limited to fiber rolls, inlet
protections, silt fences, and gravel bags) prior, during and after storm events,
monitoring includes maintaining a file documenting onsite inspections,
problems encountered, corrective actions, and notes and a map of remedial
implementation measures.
3. Erosion shall be controlled by covering stockpiled construction materials (i.e.
soil, spoils, aggregate, fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic yards
that are not actively being used, consistent with the applicable construction
general permit, or through other means of erosion control approved by the
City (e.g., surrounding with straw bales or silt fencing). The site shall be
maintained to minimize sediment-laden runoff to any storm drainage system
including existing drainage swales and/or sand watercourses.
PC 1-83
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
23
a. Construction operations shall be carried out in such a manner that erosion
and water pollution will be minimized.
b. State and local laws concerning pollution abatement shall be complied
with.
c. If grading operations are expected to denude slopes, the slopes shall be
protected with erosion control measures immediately following grading
on the slopes.
4. Specifically, in order to prevent sedimentation and debris from entering
Prefumo Creek during construction, silt fencing shall be installed along the top
of the banks on the west side of the channel prior to the onset of construction
activities.
• The project biologist will monitor construction activities, in stream habitat, and
overall performance of BMPs and sediment controls for the purpose of identifying
and reconciling any condition that could adversely affect steelhead or their habitat.
The biologist will halt work if necessary and will recommend site-specific
measures to avoid adverse effects to steelhead and their habitat.
• Equipment will be checked daily for leaks prior to the initiation of construction
activities. A spill kit will be placed near the creek and will remain readily available
during construction in the event that any contaminant is accidentally released.
• In addition to these avoidance and minimization measures, Mitigation Measure
BIO-2(a) would also ensure that potential temporary and permanent indirect
impacts to steelhead from the project are reduced as much as practicable.
— Mitigation Measure BIO-1(f) Great Blue Heron and Monarch Butterfly Impact
Avoidance and Minimization. The applicant shall ensure the following actions are
undertaken to avoid and minimize potential impacts to overwintering monarch
butterflies and nesting great blue herons.
Tree trimming/removal and construction activities that affect eucalyptus trees
near or within the monarch overwintering grove or active great blue heron nests
identified in the San Luis Ranch Monarch Trees Inspection Memo, Results of 2015 and
2016 San Luis Ranch Heron Rookery Surveys Memo, and San Luis Ranch – Prefumo
Creek Widening Biological Constraints Memo prepared by Althouse and Meade
(Appendix F), shall not be conducted during the monarch butterfly overwintering
season from October 1 through March 31 if monarch butterflies are present, or
while great blue heron nests are active from February 1 to August 31. If
construction activities must be conducted during these periods, a qualified
biologist shall conduct overwintering monarch surveys and/or nesting great blue
heron surveys within one week of habitat disturbance. If surveys do not locate
clustering monarchs or nesting great blue herons, construction activities may be
conducted. If clustering monarchs and/or nesting great blue herons are located,
no construction activities shall occur within 100 feet of the edge of the
overwintering grove and/or active nest(s) until the qualified biologist determines
that no more monarchs are overwintering in the grove or the nest(s) are no longer
active.
A qualified biologist shall prepare and implement a habitat enhancement plan to
be reviewed and approved by the City’s Natural Resource Manager prior to
PC 1-84
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
24
issuance of grading permits to enhance and restore overwintering and nesting
habitat that is to be preserved. The habitat enhancement plan may include but
shall not be limited to:
o On- or off-site planting of native shrubs and trees such as Monterey
Cypress (Hesperocyparis macrocarpa) that may support heron roosting and
monarch butterfly overwintering.
o As eucalyptus trees senesce, they shall be replaced with native species.
Native trees and shrubs shall also be used to supplement gaps in canopy
or act as windbreaks.
o Create new offsite nesting habitat for great blue herons to mitigate for
removal of onsite nesting habitat. With a qualified biologist present, the
current rookery may be moved to a suitable offsite location where the same
great blue herons can resume nesting, following methods detailed in
Crouch et al. (2002). It should be noted that creating offsite nesting habitat
for great blue herons is experimental and that the relocation techniques
described in Crouch et al. (2002) were used to relocate black-crowned night
heron (Nycticorax nycticorax). In addition, an agreement with the City will
be required prior to implementation of the offsite strategy on their
property. The methods detailed in Crouch et al. (2002) include:
a. This entails at least one year of pre-construction monitoring of the
rookery, where the timing of rookery activities will be noted: arrival of
breeding adults, egg laying, hatching, and fledging. During this time,
audio recordings of adults and juveniles shall be made.
b. Following the completion of the nesting season in late summer, a
certified arborist specializing in the translocation of trees will examine
the mature trees onsite and work with the City’s Natural Resources
Manager to determine whether or not it is feasible to relocate the
mature trees containing nests across Madonna Road to a suitable
location at Laguna Lake Open Space.
c. Prior to the start of the next nesting season (based on timing of adult
arrival in previous years), nesting adults will be recruited to the new
location via decoys and playback of vocalizations. The new location
will be monitored regularly by a qualified biologist for the following
three breeding seasons.
— Mitigation Measure BIO-1(g) Nesting Birds Impact Avoidance and Minimization.
The applicant shall ensure the following actions are 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 shall be conducted by a
qualified biologist no more than 14 days prior to vegetation removal. 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
PC 1-85
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
25
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.
If feasible, removal of vegetation within suitable nesting bird habitats will be
scheduled to occur in the fall and winter (between September 1 and February 14),
after fledging and before the initiation of the nesting season.
— Mitigation Measure BIO-1(h) Roosting Bats Impact Avoidance and Minimization.
The applicant shall ensure the following actions are 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 over 20 inches diameter-at-breast-height (DBH), 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 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.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact BIO-2: Implementation of the project would have a substantial adverse effect on
sensitive habitats, including riparian areas. Implementation of Mitigation Measures BIO-1(a),
BIO-2(a), BIO-2(b), and BIO-2(c) would reduce direct impacts to sensitive habitats, including
riparian areas, by implementing construction BMPs, including containing construction
activities, debris, and sediment in appropriate locations outside of sensitive habitat to the
maximum extent practicable, and by providing compensatory mitigation for permanently
PC 1-86
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
26
impacted riparian habitat. In addition Mitigation Measures HWQ-1(a) and HWQ-1(b) include
construction management practices that would reduce construction related impacts to water
quality. When combined with standard regulatory measures (including required permitting
from USACE, CDFW, and RWQCB), and regulatory oversight during construction by the
Environmental Monitor, implementation of required mitigation measures would reduce
impacts to a less than significant level. (Refer to page 4.4-63 of the Final EIR.)
a. Mitigation: San Luis Ranch Specific Plan Policy 5.3 and Program 5.3.1 would be required
for the project and are intended to protect and enhances the natural habitats onsite. In
addition, Specific Plan Policy 5.1 would require support of restoration efforts for the creek
and associated habitat. Nevertheless, the following mitigation measure would be required
to address impacts related to sensitive habitats.
— Mitigation Measure BIO-2(a) Habitat Mitigation and Monitoring Plan. A Habitat
Mitigation and Monitoring Plan (HMMP) shall be prepared which will provide a
minimum 2:1 ratio (replaced: removed) for temporary and permanent impacts to
riparian habitat. The HMMP will identify the specific mitigation sites and it will be
implemented immediately following project completion. The HMMP shall include, at
a minimum, the following components:
Description of the project/impact site (i.e. location, responsible parties, areas to be
impacted by habitat type);
Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be
established, restored, enhanced, and/or preserved; specific functions and values
of habitat type(s) to be established, restored, enhanced, and/or preserved];
Description of the proposed compensatory mitigation site (location and size,
ownership status, existing functions and values of the compensatory mitigation
site);
Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting
plan [including plant species to be used, container sizes, seeding rates, etc.]);
Maintenance activities during the monitoring period, including weed removal and
irrigation as appropriate (activities, responsible parties, schedule);
Monitoring plan for the compensatory mitigation site, including no less than
quarterly monitoring for the first year (performance standards, target functions
and values, target acreages to be established, restored, enhanced, and/or
preserved, annual monitoring reports);
Success criteria based on the goals and measurable objectives; said criteria to be,
at a minimum, at least 80 percent survival of container plants and 80 percent
relative cover by vegetation type;
An adaptive management program and remedial measures to address negative
impacts to restoration efforts;
Notification of completion of compensatory mitigation and agency confirmation;
and
Contingency measures (initiating procedures, alternative locations for
contingency compensatory mitigation, funding mechanism).
PC 1-87
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
27
— Mitigation Measure BIO-2(b) Tree Replacement. Riparian trees four inches or greater
measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum
ratio of 3:1 (replaced: removed). Trees 24 inches or greater inches DBH shall be
replaced in-kind at a minimum ratio of 10:1. Willows and cottonwoods may be planted
from live stakes following guidelines provided in the California Salmonid Stream
Habitat Restoration Manual for planting dormant cuttings and container stock (CDFW
2010).
Tree replacement shall be conducted in accordance with a Natural Habitat
Restoration and Enhancement Plan to be approved by the City’s Natural Resource
Manager.
The Natural Habitat Restoration and Enhancement Plan shall prioritize the
planting of replacement trees on-site where feasible, but shall allow that
replacement trees may be planted off-site with approval of the City’s Natural
Resource Manager.
Replacement trees may be planted in the fall or winter of the year in which trees
were removed. All replacement trees will be planted no more than one year
following the date upon which the native trees were removed.
— Mitigation Measure BIO-2(c) Froom Ranch Way Bridge Design to Avoid Riparian
Areas. The Froom Ranch Way Bridge crossing footings shall be placed outside
mapped riparian areas. The placement of the bridge and footings shall be indicated on
the Development Plan, VTM, and HMMP, and shall show the bridge’s placement in
relation to existing vegetation and the bed and bank of Prefumo Creek.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact BIO-3: Construction of the project could have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the Clean Water Act. Implementation of
Mitigation Measures BIO-1(a) andBIO-2(a) would reduce potential impacts to federally
protected wetlands, any riparian habitat, or other sensitive natural communities to a less than
significant level. (Refer to page 4.4-67 of the Final EIR.)
a. Mitigation: Specific Plan Goal 5 establishes a goal to provide a community that protects
and enhances the adjacent creek and habitat. Specific Plan Policy 5.1 and Program 5.3.1
would be required of the project and are intended to help achieve this goal through
protection of the creek. However, project-level impacts to jurisdictional areas would
remain potentially significant, and Mitigation Measures BIO-1(a) and BIO-2(a) are
required to reduce this impact and ensure consistency with COSE Policy 7.5.5.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
PC 1-88
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
28
4. Impact BIO-4: Development of the San Luis Ranch Specific Plan Area would not permanently
interfere with the movement of resident or migratory fish or wildlife species or with
established resident or migratory wildlife corridors along Prefumo Creek and through open
agricultural lands on the project site. Implementation of Mitigation Measures BIO-1(a), BIO-
1(c), BIO-1(d), BIO-1(e), BIO-1(f), BIO-1-(h), and BIO-2(a) would reduce potential impacts to
wildlife species, wildlife nursery sites, riparian corridors, and other sensitive natural
communities to a less than significant level. (Refer to page 4.4-68 of the Final EIR.)
a. Mitigation: The San Luis Ranch Specific Plan contains various goals, policies, and
programs intended to protect biological and habitat resources on the project site.
However, because the project would result in temporary impacts to species that use
Prefumo Creek for movement, including migratory birds and raptors, this impact would
be potentially significant.
Implementation of BIO-1(a) requires construction BMPs that would reduce potential
impacts to riparian habitat within the Prefumo Creek corridor. Implementation of
Mitigation Measures BIO-1(c), BIO-1(d), and BIO-1(e), would reduce impacts to western
pond turtle, CRLF, coast range newt, and steelhead. Implementation of Mitigation
Measure BIO-1(f) would reduce impacts to heron rookeries. Implementation of Mitigation
Measure BIO-1(h) would reduce impacts to birds. Implementation of Mitigation Measure
BIO-1(h) would reduce impacts to bats roosting in trees. Implementation of Mitigation
Measures BIO-2(a) would reduce potential impacts to federally protected wetlands, any
riparian habitat, or other sensitive natural community.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
5. Cumulative Biological Resources Impacts: Consistent with the LUCE Update EIR, the
project would implement Mitigation Measures BIO-1(a) through BIO-1(h) and BIO-2(a)
through BIO-2(c) to ensure compliance with the applicable goals and policies of the General
Plan. As a result, the project’s contribution to this cumulative impact would be potentially
significant but mitigable. (Refer to page 4.4-70 of the Final EIR.)
a. Mitigation: Mitigation Measures BIO-1(a) through BIO-1(h) and BIO-2(a) through BIO-
2(c) would be required to reduce cumulative impacts to biological resources to a less than
significant level.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
D. CULTURAL RESOURCES
1. Impact CR-2: Identified archaeological resources on the project site are ineligible for listing in
the CRHR and NRHP, and disturbance of these resources would not constitute a significant
PC 1-89
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
29
impact. However, the potential remains for the project to result in impacts to previously
unidentified archaeological resources. Implementation of Mitigation Measures CR-2(a),
Retain a Qualified Principal Investigator, and CR-2(b), Unanticipated Discovery of
Archaeological Resources, would reduce impacts to archaeological resources to a less than
significant level. (Refer to page 4.5-24 of the Final EIR.)
a. Mitigation: The Specific Plan includes requirements intended to protect archaeological
resources. Specific Plan Policy 3.5.4 requires a preliminary site survey for development
within archaeologically sensitive areas. As described in Section 4.5.1(d), the Cultural
Resources Study (Appendix G) includes an evaluation of known archaeological resources
on the project site, and determined that these resources are not intact or otherwise
archaeologically significant. However, excavation associated with the project grading
plan would have the potential to encounter buried archaeological deposits. Therefore, the
following mitigation measures are required to ensure that any discovered resources
would be protected and curated if encountered during project construction.
— Mitigation Measure CR-2(a) Retain a Qualified Principal Investigator. In accordance
with 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 at or 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) Unanticipated Discovery of Archeological Resources. In
the event that archaeological resources are exposed during construction, all work shall
be halted in the vicinity of the archaeological discovery until a qualified archaeologist
can visit the site of discovery and assess the significance of the cultural resource. In
the event that any artifact or an unusual amount of bone or shell is encountered during
construction, work shall be immediately stopped and relocated to another area. The
lead agency shall stop construction within 100 feet of the exposed resource until a
qualified archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1 and
CCR, Title 14, Section 15064.5[f]). Examples of such cultural materials might include:
ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools
such as projectile points or choppers; flakes of stone not consistent with the immediate
geology such as obsidian or fused shale; historic trash pits containing bottles and/or
ceramics; or structural remains. If the resources are found to be significant, they must
be avoided or will be mitigated consistent with State Historic Preservation Office
(SHPO) Guidelines.
PC 1-90
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
30
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
E. GEOLOGY
1. Issues Addressed in the Initial Study – Geology and Soils Discussion: Due to the proximity
of the site to the Los Osos Fault and Alquist-Priolo Zone, impacts associated with earthquakes
and ground shaking would be potentially significant. In addition, the project site has been
identified as being located in an area of very high liquefaction potential, moderate to high
expansion potential, and high settlement potential. In addition, during historical drought
years, groundwater levels in the site vicinity were lowered enough to cause subsidence. With
implementation of Mitigation Measures GEO-1, Earthquake and Ground Acceleration Design
and Construction Measures, and GEO-2, Operational Seismic Safety Requirement, impacts
related to geology and soils would be less than significant. (Refer to page 4.14-2 of the Final
EIR.)
a. Mitigation: The following mitigation measures are required to reduce impacts related to
geology and soils.
— Mitigation Measure GEO-1 Earthquake and Ground Acceleration Design and
Construction Measures. Design and construction of the buildings, roadway
infrastructure and all subgrades shall be specifically proportioned to resist Design
Earthquake Ground Motions (Design amax) of SD1=0.481 and SDS=0.832 and engineered
to withstand Maximum Considered Earthquake (MCE) peak ground acceleration
(PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project
(GeoSolutions, Inc., 2015). The design should take into consideration the soil type,
potential for liquefaction, and the most current and applicable seismic attenuation
methods that are available.
— Mitigation Measure GEO-2 Operational Seismic Safety Requirement. For retail stores
included in the project, goods for sale may be stacked no higher than 8 feet from the
floor in any area where customers are present, unless provisions are made to prevent
the goods from falling during an earthquake of up to 7.5 magnitude. The stacking or
restraint methods shall be reviewed and approved by the City before approval of
occupancy permits, and shall be a standing condition of occupancy.
— Mitigation Measure GEO-3 Geotechnical Design. The project plans and specifications
shall include the geotechnical recommendations included in the Soils Engineering
Report, prepared by GeoSolutions, Inc. on May 29, 2015. Recommendations therein
that shall be incorporated into the final project building plans include specification for
the following components of development preparation and design:
Building Pad Preparation
Paved Areas Preparation
Pavement Design
PC 1-91
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
31
Interlocking Concrete Pavers
Conventional Foundations
Post-Tensioned Slabs
Slab-On-Grade Construction
Retaining Walls
Exterior Concrete Flatwork
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
F. HAZARDS AND HAZARDOUS MATERIALS
1. Impact HAZ-4: Hazardous materials sites identified on and upgradient to the project site as
well as residual pesticides and agricultural chemicals in soil due to historical use of pesticides
and other agricultural chemicals onsite could create a hazard to construction workers during
the construction phase of the project. With implementation of Mitigation Measure HAZ-4,
Soil Sampling and Remediation, impacts related to exposure to residual agricultural
chemicals would be reduced to a less than significant level. (Refer to page 4.7-21 of the Final
EIR.)
a. Mitigation: The following mitigation measures would further reduce risk of exposure to
residual agricultural chemicals in on-site soil.
— Mitigation Measure HAZ-4 Soil Sampling and Remediation. Prior to issuance of any
grading permits, a contaminated soil assessment shall be completed in the portions of
land to be graded for development. Soil samples shall be collected under the
supervision of a professional geologist or environmental professional to determine the
presence or absence of contaminated soil in these areas. The sampling density shall be
in accordance with guidance from San Luis Obispo County Environmental Health
Services, so as to define the volume of soil that may require remediation. Laboratory
analysis of soil samples shall be analyzed for the presence of organochlorine
pesticides, in accordance with EPA Test Method SW8081A, and heavy metals in
accordance with EPA Test Methods 6010B and 7471A. If soil sampling indicates the
presence of pesticides or heavy metals exceeding applicable environmental screening
levels, the soil assessment shall identify the volume of contaminated soil to be
excavated.
If concentrations of contaminants exceed EPA action levels and therefore warrant
remediation, contaminated materials shall be remediated either prior to concurrent
with construction and an Environmental Site Assessment (ESA) shall be prepared.
Cleanup may include excavation, disposal, bio-remediation, or any other treatment of
conditions subject to regulatory action. All necessary reports, regulations and permits
shall be followed to achieve cleanup of the site. The contaminated materials shall be
remediated under the supervision of an environmental consultant licensed to oversee
such remediation and under the direction of the lead oversight agency. The
PC 1-92
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
32
remediation program shall also be approved by a regulatory oversight agency, such
as the San Luis Obispo County Environmental Health Services, the Regional Water
Quality Control Board (RWQCB), or DTSC. All proper waste handling and disposal
procedures shall be followed. Upon completion of the remediation, the environmental
consultant shall prepare a report summarizing the project, the remediation approach
implemented, and the analytical results after completion of the remediation, including
all waste disposal or treatment manifests.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact HAZ-6: The project site is located in an area where geologic analysis for NOA is
required prior to grading and could potentially result in exposure of people to NOA during
grading and construction activities. With implementation of Mitigation Measure HAZ-6,
Naturally Occurring Asbestos Exposure Avoidance and Minimization, impacts related to
exposure to NOA would be reduced to a less than significant level. (Refer to page 4.7-25 of
the Final EIR.)
a. Mitigation: If NOA is identified at the site, an asbestos dust mitigation plan in accordance
with CCR Title 17, Section 93105 Asbestos Airborne Toxic Control Measure for Construction,
Grading, Quarrying, and Surface Mining Operations would be required to be implemented
during project construction, as a standard condition of approval. Additionally, the
following mitigation would be required to further reduce potential impacts associated
with NOA hazards:
— Mitigation Measure HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and
Minimization.
a. Prior to earthwork activities, a site-specific health and safety plan shall be
developed per California Occupational Safety and Health Administration
(CalOSHA) requirements. The plan shall include appropriate health and safety
measures if NOA is detected in soil or bedrock beneath the project site. All
construction workers that have the potential to come into contact with
contaminated soil/bedrock and groundwater shall be knowledgeable of the
requirements in the health and safety plan, which includes proper training and
personal protective equipment. The health and safety plan shall prescribe
appropriate respiratory protection for construction workers.
b. Prior to beginning construction, a soil and bedrock analysis for asbestos using
polarized light microscopy and transmission electron microscopy by a qualified
laboratory shall be conducted. Samples of soil shall be collected from multiple
locations across the site, and bedrock samples shall be collected from locations
where excavation into bedrock is anticipated. If NOA is detected, appropriate
regulations pertaining to excavation, removal, transportation, and disposal of
NOA shall be followed. The sampling strategy shall take into account the locations
of potential source areas, and the anticipated lateral and vertical distribution of
contaminants in soil and/or groundwater. The results of the investigation shall be
PC 1-93
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
33
documented in a report that is signed by a California Professional Geologist. The
report shall include recommendations based upon the findings for additional
investigation/remediation if contaminants are detected above applicable
screening levels (e.g., excavate and dispose, groundwater and/or soil vapor
extraction, or in situ bioremediation).
c. During earthwork activities, appropriate procedures shall be incorporated in the
event that NOA is detected in soil or bedrock beneath the project site. These
procedures shall be followed to eliminate or minimize construction worker or
general public exposure to potential contaminants in soil. Procedures shall include
efforts to control fugitive dust, contain and cover excavation debris piles,
appropriate laboratory analysis of soil for waste characterization, and segregation
of contaminated soil from uncontaminated soil. The applicable regulations
associated with excavation, removal, transportation, and disposal of contaminated
soil shall be followed (e.g., tarping of trucks and waste manifesting). These
procedures may be subject to San Luis Obispo APCD requirements under the
California ARB ATCM for Construction, Grading, Quarrying, and Surface Mining
Operations.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
G. HYDROLOGY AND WATER QUALITY
1. Impact HWQ-1: During project construction, the surface soil would be subject to erosion and
the downstream watershed would be subject to pollution. Implementation of Mitigation
Measures HWQ-1(a) through HWQ-1(c), which require preparation of and compliance with
a Stormwater Pollution and Prevention Plan (SWPPP) and a Concept Grading Plan and
Master Drainage Plan, and compliance with existing regulations would ensure that the
potentially significant construction runoff and associated impacts to water quality would be
reduced to a less than significant level. (Refer to page 4.8-22 of the Final EIR.)
a. Mitigation: Section 7.3 of the Specific Plan requires development in the Plan Area to be
designed to conform to stormwater management requirements of the City of San Luis
Obispo, including standards for LID set forth by SWRCB, and construction of retention
and detention systems that would be adequate to meet the needs of future development
and consistent with State and local requirements. Preparation of the required SWPPP and
compliance with applicable State and local regulations would reduce potential impacts to
water quality due to polluted runoff from construction activities. In order to ensure
implementation of SWPPP requirements, incorporation of the following mitigation
measures is required to reduce impacts to water quality due to due to polluted runoff
from construction activities.
— Mitigation Measure HWQ-1(a) Stormwater Pollution Prevention Plan. All required
actions shall be implemented pursuant to a SWPPP and SWMP to be prepared by the
project applicant and submitted by the City to the Regional Water Quality Control
PC 1-94
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
34
Board under the NPDES Phase II program. At a minimum, the SWPPP/SWMP shall
including the following BMPs:
The use of sandbags, straw bales, and temporary de-silting basins during project
grading and construction during the rainy season to prevent discharge of
sediment-laden runoff into stormwater facilities;
Revegetation as soon as practicable after completion of grading to reduce sediment
transport during storms;
Installation of straw bales, wattles, or silt fencing at the base of bare slopes before
the onset of the rainy season (October 15th through April 15th);
Installation of straw bales, wattles, or silt fencing at the project perimeter and in
front of storm drains before the onset of the rainy season (October 15th through
April 15th); and/or
Alternative BMPs as approved by the RWQCB as part of the SWPPP submittal.
— Mitigation Measure HWQ-1(b) Berms and Basins. As specified in the SWPPP, the
applicant shall be required to manage and control runoff by constructing temporary
berms, sediment basins, runoff diversions, or alternative BMP’s as approved by the
RWQCB as part of the SWPPP submittal, in order to avoid unnecessary siltation into
local streams during construction activities where grading and construction shall
occur in the vicinity of such streams.
Berms and basins shall be constructed when grading commences and be
periodically inspected and maintained. The project applicant shall sufficiently
document, to the CCRWQCB satisfaction, the proper installation of such berms
and basins during grading.
— Mitigation Measure HWQ-1(c) Concept Grading Plan and Master Drainage Plan. As
specified in the SWPPP and the City’s Floodplain Management Regulations, the
applicant shall be required to submit a Grading Plan and Master Drainage Plan to the
Planning Division and City Public Works Director for approval prior to approval of
the VTTM. The grading and drainage plans shall be designed to minimize erosion and
water quality impacts, to the extent feasible, and shall be consistent with the project’s
SWPPP. The plans shall include the following:
a. Graded areas shall be revegetated with deep-rooted, native, non-invasive
drought-tolerant species to minimize slope failure and erosion potential.
Geotextile fabrics shall be used if necessary to hold slope soils until vegetation is
established;
b. Temporary storage of construction equipment shall be limited to a minimum of
100 feet away from drainages on the project site; and
c. Erosion control structures shall be installed.
d. Demonstrate peak flows and runoff for each phase of construction.
e. Be coordinated with habitat restoration efforts, including measures to minimize
removal of riparian and wetland habitats and trees (Mitigation Measures BIO-2[a]
and BIO-2[b]).
PC 1-95
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
35
Grading and drainage plans shall be submitted for review and approval by the Planning
Division. The applicant shall ensure installation of erosion control structures prior to
beginning of construction of any structures, subject to review and approval by the City.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact HWQ-3: During operation, the proposed residential and commercial uses would
increase the quantities of pollutants associated with runoff and sedimentation.
Implementation of Mitigation Measures HWQ-3(a) through HWQ-3(c), which require
stormwater quality treatment controls, preparation of and compliance with a Stormwater
BMP Maintenance Manual, and preparation of a semi-annual stormwater BMP maintenance
report, and compliance with existing regulations would ensure that the potentially significant
impacts to water quality resulting from runoff during operation of the project would be
reduced to a less than significant level. (Refer to page 4.8-26 of the Final EIR.)
a. Mitigation: The Specific Plan includes retention and detention structures and LID
measures intended to minimize pollutants associated with runoff and sedimentation,
consistent with State and local requirements, including new standards for LID set forth
by SWRCB. Compliance with the CCRWQCB’s Post Construction Requirements, NPDES
discharge permits, the City’s SWMP, Engineering Standards, General Plan, and City
Ordinance requirements would reduce potential impacts to water quality due to polluted
runoff during operation of the project. However, the following mitigation is required to
ensure the inclusion of locally-appropriate stormwater best management practices in the
final design of the stormwater quality system, and to ensure that the stormwater quality
system is maintained in order to ensure continued to ensure long-term operation.
— Mitigation Measure HWQ-3(a) Stormwater Quality Treatment Controls. BMP
devices shall be incorporated into the stormwater quality system depicted in the
Master Drainage Plan (refer to Mitigation Measure HWQ-1[c]). The final design of the
stormwater quality system shall be reviewed and approved by the City.
The Master Drainage Plan shall contain the following relevant BMPs:
Vegetated bioswales to reduce sediment and particulate forms of metals and other
pollutants along corridors of planted grasses.
Vegetated buffer strips to reduce sediment and particulate forms of metals and
nutrients.
— Mitigation Measure HWQ-3(b) Stormwater BMP Maintenance Manual. The project
applicant shall prepare a development maintenance manual for the stormwater
quality system BMPs (refer to Mitigation Measure HWQ-3[a]). The maintenance
manual shall include detailed procedures for maintenance and operations of all
stormwater facilities to ensure long-term operation and maintenance of post-
construction stormwater controls. The maintenance manual shall require that
stormwater BMP devices be inspected, cleaned, and maintained in accordance with
PC 1-96
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
36
the manufacturer’s maintenance specifications. The manual shall require that devices
be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately
after the end of the rainy season (i.e., May 15th). The manual shall also require that all
devices be checked after major storm events.
— Mitigation Measure HWQ-3(c) Stormwater BMP Semi-Annual Maintenance Report.
The property manager(s) or acceptable maintenance organization shall submit to the
City of San Luis Obispo Public Works Department a detailed report prepared by a
licensed Civil Engineer addressing the condition of all private stormwater facilities,
BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th
and May 15th of each year). The requirement for maintenance and report submittal
shall be recorded against the property.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact HWQ-4: Approximately 98 acres of the project site is within the existing 100-year
flood zone. However, proposed grading and elevation modifications would ensure that the
project would not place housing within a 100-year flood hazard area or expose people or
structures downstream of the Specific Plan Area to flood hazards due to increased runoff or
loss of floodplain storage. Implementation of Mitigation Measure HWQ-4, Conditional Letter
of Map Revision/Letter of Map Revision, and compliance with existing regulations would
ensure that this impact would be reduced to a less than significant level. (Refer to page 4.8-29
of the Final EIR.)
a. Mitigation: The Specific Plan includes a preliminary grading plan that would raise the
elevation of the central portion of the project site above the post-development 100-year
floodplain. The project includes a conditional letter of map revision (CLOMR) application1
requesting that the FEMA 100-year floodplain boundary be redefined consistent with the
proposed site development, creek improvements and bridge, Prado Road Overpass, site
and floodplain grading, and proposed detention facilities. Compliance with required City
Flood Damage Prevention Regulations Code 17.84.050 and flood management measures
including Special Floodplain Management Zone Regulation and the City Waterways
Management Plan would reduce the risk of significant loss or injury as a result of flooding.
In addition, the Specific Plan includes a preliminary drainage plan and retention and
detention structures intended to ensure that that proposed development would not
substantially increase runoff from the project site. Compliance with these State and local
regulations would ensure that downstream flooding impacts would remain less than
significant. The Specific Plan includes excavation and fill in the floodplain, peak flow
management, and channel capacity enhancements for Prefumo Creek and Cerro San Luis
Channel, and would satisfy City flow requirements with the proposed development. With
the implementation of these measures, the project is in compliance with FEMA and City
1 A CLOMR is based on proposed conditions and does not change the FIRMs. A CLOMR is the method used by
FEMA to let people know that if projects are constructed per the design submitted to and approved by FEMA, revision
of the FIRM panel with an official letter of map revision (LOMR) is likely.
PC 1-97
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
37
floodplain regulations and potential floodplain elevation increases affecting other
properties would be avoided. However, the following mitigation is required to ensure the
final grading plan and resulting post-development floodplain would exclude areas
proposed for housing, and confirm that the CLOMR application to redefine the FEMA
100-year floodplain boundary is approved and an official letter of map revision (LOMR)2
is issued by FEMA.
— Mitigation Measure HWQ-4 Conditional Letter of Map Revision/Letter of Map
Revision. The applicant, in conjunction with the City of San Luis Obispo, shall prepare
the CLOMR application and obtain a LOMR from FEMA.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
H. LAND USE
1. Impact LU-2: The Specific Plan would be potentially consistent with LAFCO policies for
annexation. Implementation of Mitigation Measures AG-1 and AG-3 would ensure that this
impact would remain less than significant. (Refer to page 4.9-40 of the Final EIR.)
a. Mitigation: Mitigation Measures AG-1 and AG-3 would ensure that the Specific Plan
would not result in conflicts between the Specific Plan and San Luis Obispo LAFCO
agricultural Policies 5, 6, 9, 10, and 12. No further mitigation is required in order to reduce
this impact to a less than significant level.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Cumulative Land Use Impacts: The proposed uses are consistent with the intent of the goals
and policies established within the City’s General Plan and Zoning Regulations after
implementation of mitigation required in the Final EIR for this project, and would not
cumulatively contribute to the loss of open space or agricultural land beyond that already
anticipated in the City’s LUCE Update and EIR. Furthermore, the Specific Plan is not expected
to contribute cumulatively to potential airport noise and/or safety issues because it has been
found consistent with the ALUP. As such, cumulative land use impacts would be less than
significant with incorporation of the mitigation listed in the Final EIR for this project. (Refer
to page 4.9-47 of the Final EIR.)
a. Mitigation: The following mitigation measures are required.
Section 4.2, Agricultural Resources: AG-1, AG-3
2 A LOMR is an official revision to the FIRMs issued by FEMA. LOMRs reflect changes to the 100 -year floodplains or
Special Flood Hazard Areas (SFHA) shown on the FIRMs.
PC 1-98
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
38
Section 4.4, Biological Resources: BIO-1(a) through BIO-1(h) and BIO-2(a) through
BIO-2(c)
Section 4.5, Cultural Resources: CR-1(a) through CR-1(c)
Section 4.7, Hazards and Hazardous Materials: HAZ-4, and HAZ-6
Section 4.10, Noise: N-1(a) through N-1(g), N-4(a), N-4(b), N-5(a) through N-5(d)
Section 4.12, Transportation and Circulation: T-1(a) through T-1(i), T-2(a) through T-
2(j), T-3(a) through T-3(d), T-4, T-5, T-6, T-7, T-8(a) through T-8(g), T-9(a) through
T-9(m), T-10(a) through T-10(c)
Section 4.14, Issues Addressed in the Initial Study: GEO-1, GEO-3
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
I. NOISE
1. Impact N-4: Future development on the project site would generate operational noise
typically associated with residential, commercial, office, and hotel development. Noise from
the project would not exceed acceptable levels at existing off-site sensitive receptors.
However, noise from new on-site commercial uses may exceed applicable City standards at
proposed on-site residences. Mitigation Measures N-4(a), HVAC Equipment, and N-4(b),
Parking Lot/Loading Dock Orientation and Noise Barrier, would ensure that noise levels at
residences on the project site would not exceed the City’s standards for intermittent noise.
(Refer to page 4.10-24 of the Final EIR.)
a. Mitigation: The Specific Plan orients proposed residential development adjacent to
existing residences and proposed commercial development adjacent to existing
commercial uses. As such, the project’s proposed uses would be compatible with the
existing noise environment of adjacent uses, and this impact would be less than
significant. However, the Specific Plan does not include standards that would ensure that
noise levels at on-site residences located adjacent to proposed retail uses would remain
below applicable City standards. Therefore, the following mitigation measures are
required to ensure that noise levels from proposed new retail uses at residences on the
project site would remain below City standards.
— Mitigation Measure N-4(a) HVAC Equipment. Retail HVAC equipment shall be
shielded and located on building rooftops, or a minimum of 100 feet from the nearest
residential property line.
— Mitigation Measure N-4(b) Parking Lot/Loading Dock Orientation and Noise Barrier.
If parking areas or loading docks would be located within 250 feet of the res idential
properties to the west, a masonry noise barrier shall be installed along the eastern
boundary of the proposed residences adjacent to the commercial land use area on the
eastern portion of the project site. The noise barrier shall be constructed of any
masonry material with a surface density of at least three pounds per square foot, and
shall have no openings or gaps.
PC 1-99
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
39
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact N-5: Existing noise sources near the project site include vehicles on local roadways
and U.S. 101. Development of the project would expose future residents on the project site to
traffic noise from local roadways and U.S. 101. With mitigation, traffic noise levels on the
project site would not exceed City standards. Mitigation Measures N-5(a), Interior Noise
Reduction, N-5(b), Residential Outdoor Activity Area Noise Attenuation, N-5(c), Froom
Ranch Way Noise Barrier, and N-5(d), U.S. Highway 101 Noise Barrier at Hotel, Parking
Lot/Loading Dock Orientation and Noise Barrier, would ensure that traffic noise levels
would not exceed City standards. (Refer to page 4.10-28 of the Final EIR.)
a. Mitigation: Section 3.8.2 of the Specific Plan (Commercial, Office, Hotel Design
Guidelines) requires future development on the project site to include screen walls and
fences around storage areas, open work areas, or refuse collection areas on the project site
to be of sufficient height and material to protect adjacent properties and public streets
from visual and noise impacts.
In addition, Section 2.6, Airport Compatibility Performance Standards, of the Specific Plan
would require that all interior space of residential dwellings, as well as offices, meeting
rooms, public reception areas, worker break rooms, and research, development, and
production areas, meet the interior noise standard of 45 dBA CNEL and 60 dBA Lmax.
However, the Specific Plan does not identify specific measures to achieve the interior
noise standards identified in Section 2.6. Similarly, the Specific Plan does not include
specific mitigative components that would reduce future on-site traffic noise below the
City’s exterior noise standard of 60 dBA CNEL (see Table 4.10-3). Therefore, the following
mitigation measures would be required to reduce interior and exterior noise levels in
outdoor activity areas of proposed residential, hotel, and office uses to a less than
significant level.
— Mitigation Measure N-5(a) Interior Noise Reduction. The project applicant shall
implement the following measures, or similar combination of measures, which
demonstrate that interior noise levels in proposed residences adjacent to Froom Ranch
Way and Madonna Road, hotel, and offices would be reduced below the City’s 45 dBA
CNEL interior noise standard. The required 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 (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”
PC 1-100
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
40
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 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 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 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.
— Mitigation Measure N-5(b) Residential Outdoor Activity Area Noise Attenuation.
Outdoor activity areas (e.g., patios and hotel pool areas) associated with shared
multifamily residential recreational spaces, hotel, commercial, and office uses shall be
protected from sound intrusion so that they meet the City’s exterior standard of 60
dBA CNEL. Outdoor activity areas shall be oriented away from traffic noise such that
intervening buildings reduce traffic noise or shall include noise barriers capable of
reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall
be located a minimum of 500 feet from the U.S. 101 right-of-way. Noise barriers may
be constructed of a material such as tempered glass, acrylic glass, or masonry material
with a surface density of at least three pounds per square foot, and shall have no
openings or gaps. The applicant shall submit a report to the Community Development
Department by a qualified acoustic consultant certifying that the specific outdoor
noise reduction techniques in combination with the orientation of outdoor activity
areas of shared multifamily residential recreational spaces, hotel, commercial, and
offices would achieve exterior noise levels that would not exceed 60 dBA CNEL.
— Mitigation Measure N-5(c) Froom Ranch Way Noise Barrier. A masonry noise barrier
or alternative barrier, such as a landscaped berm, shall be installed along the southern
property line of residential lots that abut Froom Ranch Way to protect outdoor activity
areas (patios and pools) at these residences from sound intrusion from traffic along
Froom Ranch Way. The noise barrier or berm shall provide, at minimum, a 6 foot high
barrier between Froom Ranch Way and the neighboring residences from the final
grade of whichever use (i.e., Froom Ranch Way or residences) has a higher final
elevation. If a masonry noise barrier is implemented, the noise barrier shall be
constructed of any masonry material with a surface density of at least three pounds
per square foot, and shall have no openings or gaps. If an alternative material is used,
PC 1-101
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
41
the developer shall submit a report to the Community Development Department by a
qualified acoustical consultant certifying that the specific exterior noise reduction
techniques included would achieve exterior noise levels that would not exceed 60 dBA
CNEL.
— Mitigation Measure N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the hotel
includes an outdoor activity area (such as a patio or pool) a masonry noise barrier or
alternative barrier, such as berms, landscaping, or glass, must be installed along the
eastern property line of the hotel where it abuts the U.S. 101 right of way to protect
these outdoor activity areas from sound intrusion from traffic along U.S. 101. If a
masonry noise barrier is implemented, the noise barrier shall provide, at minimum,
an 8 foot high barrier between U.S. 101 and the hotel from the final grade of whichever
use (i.e., U.S. 101 or hotel) has a higher final elevation. Such a noise barrier shall be
constructed of any masonry material with a surface density of at least three pounds
per square foot, and shall have no openings or gaps. If an alternative material is used,
the developer shall submit a report to the Community Development Department by a
qualified acoustical consultant demonstrating that the specific exterior noise reduction
techniques included in the hotel component of the project would achieve exterior
noise levels that would not exceed 60 dBA CNEL.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
J. RECREATION
1. Impact REC-1: The project would accommodate new residents in the City of San Luis Obispo
who will use existing and planned parks and recreation facilities. Provision of on-site parks
and recreation facilities would not meet the adopted City parkland standard for the San Luis
Ranch Specific Plan Area. Mitigation Measure REC-1, which requires payment of the City’s
required parkland in-lieu fees, would ensure compliance with the policies and performance
standards in the City’s General Plan as part of the project. (Refer to page 4.11-7 of the Final
EIR.)
a. Mitigation: The Specific Plan includes requirements intended to protect open space and
recreation areas. Specific Plan Policies 1.5, 4.1, 4.4, and 5.4 require the promotion and
integration of parks and recreational space throughout the plan area and development
components. Although the project includes development of 3.4 acres of parkland it would
result in a 2.4-acre shortfall in parkland standard for the San Luis Ranch Specific Plan
Area. Therefore, the following mitigation measure would be required to reduce impacts
to parks and recreational facilities
— Mitigation Measure REC-1 Parkland In-lieu Fees. The project applicant shall pay
parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program for
the parkland shortage. The project’s specific fee shall be determined by the City at the
time of project approval, after accounting for parkland provided within the San Luis
PC 1-102
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
42
Ranch Specific Plan Area. The in-lieu fees collected from the project shall be directed
to new projects or improvements to existing parks and recreation facilities within the
City of San Luis Obispo parks system.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Cumulative Recreation Impacts: The project would not meet the Citywide parkland
standards and would exacerbate the exiting shortfall of parks and recreational facilities within
the City. With payment of the City’s required parkland in-lieu fees to ensure compliance with
the policies and performance standards in the City’s General Plan as part of the project,
required by Mitigation Measure REC-1, the project contribution to cumulative impacts
associated with parks and recreational facilities would be reduced to a less than significant
level. (Refer to page 4.11-8 of the Final EIR.)
a. Mitigation: Mitigation Measure REC-1 would be required to reduce the project
contribution to cumulative impacts associated with parks and recreational facilities.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
K. TRANSPORTATION
1. Impact T-4: Project construction activities would create traffic impacts due to construction
vehicles causing congestion and deteriorating pavement conditions. Mitigation would reduce
these impacts to an acceptable level. Implementation of Mitigation Measure T-4, Construction
Traffic Management Plan, would ensure that impacts associated with construction traffic
would be less than significant after mitigation. (Refer to page 4.12-81 of the Final EIR.)
a. Mitigation: The following mitigation is required to reduce potentially significant
construction traffic impacts.
— Mitigation Measure T-4 Construction Traffic Management Plan. Prior to
construction, a traffic management plan shall be prepared for review and approval by
the City of San Luis Obispo Public Works Department. The traffic management plan
shall be based on the type of roadway traffic conditions, duration of construction,
physical constraints, nearness of the work zone to traffic and other facilities (bicycle,
pedestrian, driveway access, etc.). The traffic management plan shall include:
• Advertisement. The project developer shall prepare an advertisement campaign
informing the public of the proposed construction activities. Advertisements shall
occur prior to beginning work and periodically during the course of the project
construction. The advertising shall include notification of changes to bus
schedules and potential changes to bus stop locations, potential impacts during
PC 1-103
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
43
school drop-off and pick-up times, and major intersections that may be impacted
during construction.
• Property Access. Access to parcels along the construction area shall be maintained
to the greatest extent feasible. Affected property owners shall receive advance
notice of work adjacent to their property access and when driveways would be
potentially closed.
• Schools. Any construction adjacent to schools shall ensure that access is maintained
for vehicles, pedestrians, and bicyclists, particularly at the beginning and end of
the school day.
• Buses, Bicycles, and Pedestrians. The work zone shall provide for passage by buses,
bicyclists, and pedestrians, particularly in the vicinity of schools.
• Intersections. Traffic control (i.e., use of flag persons) shall be used at intersections
that are determined to be unacceptably congested due to construction traffic.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact T-5: Construction of the proposed Froom Ranch Way bridge during phase 3 of the
Specific Plan buildout would result in significant level of service and queuing impacts at
study area intersections and roadway segments. Mitigation Measure T-5, Froom Ranch Way
Bridge Phasing, would ensure that LOS and queuing impacts associated with the project’s
proposed infrastructure phasing would be less than significant after mitigation. (Refer to page
4.12-83 of the Final EIR.)
a. Mitigation: The following mitigation is required to reduce potentially significant LOS and
queuing impacts that would result from the project’s proposed infrastructure phasing.
— Mitigation Measure T-5 Froom Ranch Way Bridge Phasing. The Froom Ranch Way
bridge connection shall be completed prior to occupancy of Phase 1 of the Specific
Plan buildout.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact T-6: The project site plan would result in and contribute to increased access conflicts.
Proposed access controls are not consistent with General Plan policy. Mitigation Measure T-
6, Project Site Intersection Roundabout Control, would ensure that the project would be
consistent with General Plan Circulation Element Policy 7.1.2, and would ensure that
transportation impacts due to access conflicts would be reduced to a less than significant level
after mitigation. (Refer to page 4.12-84 of the Final EIR.)
a. Mitigation: Specific Plan Policies 6.1, 6.2, and 6.3 are intended to integrate the proposed
new development and associated circulation into the City’s existing circulation system by
ensuring a multimodal approach to the transportation networks for the Specific Plan Area,
development of a circulation system that interfaces with existing adjacent streets and
PC 1-104
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
44
paths, and development of a safe and efficient circulation system that successfully
interfaces with adjacent streets and paths. The project proposes signalized control at
various intersections. However, General Plan Circulation Element Policy 7.1.2 requires
roundabout control, unless otherwise physically infeasible. Therefore, the following
mitigation is required to ensure that the project would be consistent with General Plan
Circulation Element Policy 7.1.2.
— Mitigation Measure T-6 Project Site Intersection Roundabout Control. New roadway
intersections within the Specific Plan Area shall be controlled using roundabout
design, unless the City Public Works Department determines that roundabout control
is physically infeasible.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4. Impact T-7: The project site plan would result in on-site traffic volumes and speeds that may
exceed General Plan policy thresholds, resulting potential traffic hazards within the project
site. Mitigation Measure T-7, Traffic Calming Features, would ensure that potential traffic
hazards within the Specific Plan area would be reduced to a less than significant level after
mitigation. (Refer to page 4.12-85 of the Final EIR.)
c. Mitigation: San Luis Ranch Specific Plan Policies 6.1, 6.2, and 6.3 are intended to integrate
the proposed new development and associated circulation into the City’s existing
circulation system by ensuring a multimodal approach to the transportation networks for
the Specific Plan Area, development of a circulation system that interfaces with existing
adjacent streets and paths. The proposed layout of San Luis Ranch Road and other
roadways internal to the Specific Plan area would result in on-site traffic speeds that
would exceed General Plan thresholds, which may result in potential traffic hazards
within the Specific Plan area. Therefore, the following mitigation is required to ensure that
on-site traffic volumes and speeds would not exceed General Plan policy thresholds, and
potential traffic hazards along on-site collector and residential streets would be reduced.
— Mitigation Measure T-7 Traffic Calming Features. New roadway intersections along
San Luis Ranch Road shall include neighborhood traffic circles at key intersections,
and traffic-calming features, such as diverters, along longer uninterrupted segments.
d. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
SECTION 6. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL
EFFECTS OF THE PROPOSED PROJECT FOR WHICH SUFFICIENT
MITIGATION IS NOT AVAILABLE
PC 1-105
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
45
Class I impacts are significant and unavoidable. To approve a project resulting in Class I impacts, the
CEQA Guidelines require decision makers to make findings of overriding consideration that "... specific
legal, technological, economic, social, or other considerations make infeasible the mitigation measures or
alternatives identified in the EIR...".
This section presents the project’s significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to make findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by that agency; or
Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies impacts that can be reduced, but not to a less-than-significant level, through
the incorporation of feasible mitigation measures into the project, and which therefore, remain
significant and unavoidable, as identified in the Final EIR. The impacts identified in this section
are considered in the same sequence in which they appear in the EIR. Where adoption of feasible
mitigation measures is not effective in avoiding an impact or reducing it to a less-than-significant
level, the feasibility of adopting alternatives to the proposed project is considered in Section 7 of
this document.
A. AIR QUALITY
1. Impact AQ-1: The project would be inconsistent with the SLOAPCD 2001 Clean Air Plan
because it would result in an increase in vehicle miles traveled (VMT) that would exceed the
rate of population growth. (Refer to page 4.3-9 of the Final EIR.)
a. Mitigation: The incorporation of Mitigation Measures AQ-3(a) through AQ-3(b) are
recommended to improve consistency with the CAP. The following additional measure is
also required:
Mitigation Measure AQ-1. Encourage Telecommuting. The project applicant or
developers of individual projects within the Specific Plan Area shall include
provisions to encourage employers within the proposed commercial, office, and hotel
components of the project to implement telecommuting programs and include
teleconferencing capabilities, such as web cams or satellite linkage, which will allow
employees to attend meetings remotely without requiring them to travel out of the
area.
PC 1-106
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
46
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measure AQ-1 is feasible and has been adopted. However,
mitigation is not available that would reduce projected VMT such that the project’s vehicle
trip rate increase would not exceed population growth in the region. Therefore, impacts
related to consistency with the 2001 CAP would remain significant and unavoidable. A
statement of overriding considerations for this impact is made in Section 8.
2. Cumulative Air Quality Impacts: The project is inconsistent with the 2001 CAP and would
exceed SLOAPCD construction and operational thresholds. Mitigation Measure AQ-1 would
reduce this cumulative impact to the maximum extent feasible. However, no additional
mitigation is available to address cumulative air quality impacts. As such, cumulative impacts
on air quality would remain significant and unavoidable. (Refer to page 4.3-30 of the Final
EIR.)
a. Mitigation: Mitigation Measure AQ-1 would reduce this cumulative impact to the
maximum extent feasible. No other feasible mitigation is available that would meet the
project objectives.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measure AQ-1 is feasible and has been adopted. However, no
additional feasible mitigation is available for cumulative air quality impacts, which would
remain significant and unavoidable. A statement of overriding considerations for this
impact is made in Section 8.
B. CULTURAL RESOURCES
1. Impact CR-1: The project would result in the relocation, demolition, and removal of structures
on the San Luis Ranch property which are individually identified as historic resources. In
addition, the project would eliminate the San Luis Ranch Complex, which is eligible for listing
as a historic resource. Relocation, demolition, and/or removal of these historic resources
would permanently alter the historic context of the project site and on-site structures.
Required Mitigation Measures CR-1(a) through CR-1(c), which require a relocation and
reconstruction plan for the former spectator’s barn/viewing stand, main residence, and main
barn, archival documentation of historic buildings, and informational displays of historic
resources, would reduce this impact to the maximum extent feasible. However, mitigation
would not avoid the removal of the main barn, despite the proposed reuse of salvageable
materials from the structure to the greatest extent possible in the construction of a new barn
in the project’s proposed Agricultural Heritage and Learning Center. Therefore, the potential
impact to the San Luis Ranch Complex and the main barn individually would remain
significant and unavoidable despite implementation of the required mitigation. (Refer to page
4.5-20 of the Final EIR.)
PC 1-107
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
47
a. Mitigation: The San Luis Ranch Specific Plan proposes programs and policies intended to
reduce impacts to historical resources to the maximum extent practicable. The following
additional measures are also required:
Mitigation Measure CR-1(a). Historical Structure Relocation and Reconstruction
Plan. In order to implement Specific Plan Policy 2.5, a relocation and reconstruction
plan for the former spectator’s barn/viewing stand, main residence, and main barn
shall be developed by a qualified historic architect. The plan shall include a
structural/architectural report documenting existing integrity and conditions and
include detailed treatment methods and measures to ensure that historic integrity is
retained and that all identified character defining features will be preserved.
Mitigation Measure CR-1(b). Archival Documentation of Historic Buildings. The
applicant shall provide archival documentation of the San Luis Ranch Complex in as-
built and as-found condition in the form of a Historic American Building Survey
(HABS) Level II documentation. The documentation shall comply with the Secretary
of the Interior’s Standards for Architectural and Engineering Documentation (NPS
1990), and shall include large-format photographic recordation, detailed historic
narrative report, and compilation of historic research. The documentation shall be
completed by a qualified architectural historian or historian who meets the Secretary
of the Interior’s Professional Qualification Standards for History and/or Architectural
History (NPS 1983). The original archival-quality documentation shall be offered as
donated material to the History Center of San Luis Obispo County. Archival copies of
the documentation shall also be submitted to the San Luis Obispo County Library.
Mitigation Measure CR-1(c). Informational Display of Historic Resources. A
retrospective interpretive display detailing the history of the San Luis Ranch Complex
and the project site, its significance, and its important details and features shall be
developed by the applicant. The information should be incorporated into a publicly-
accessed building on the project site, such as the proposed Agricultural Heritage
Facilities and Learning Center, or a publicly-accessed outdoor location. The display
shall include images and details from the HABS documentation described in
Mitigation Measure CR-1(b) and any collected research pertaining to the historic
property. The content shall be prepared by a qualified architectural historian or
historian who meets the Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History (NPS 1983).
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures CR-1(a) through CR-1(c) are feasible and have been
adopted. Mitigation Measure CR-1(a) would mitigate impacts to the main residence and
barn/viewing stand to the maximum extent feasible, and that Mitigation Measures CR-
1(b) and CR-1(c) would reduce significant direct impacts to the remainder of the
historically significant San Luis Ranch Complex, including the individually significant
historic main barn, to the maximum extent feasible. However, the removal and/or
demolition of the historically significant main barn and the relocation, demolition, and
removal of other structures in the San Luis Ranch Complex would change the historic
PC 1-108
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
48
context of the San Luis Ranch property. Furthermore, mitigation would not avoid the
removal of the main barn, despite the proposed reuse of salvageable materials from the
structure to the greatest extent possible in the construction of a new barn in the project’s
proposed Agricultural Heritage and Learning Center. Therefore, the potential impact to
the San Luis Ranch Complex and the main barn individually would remain significant
and unavoidable despite implementation of the required mitigation. A statement of
overriding considerations for this impact is made in Section 8.
2. Cumulative Cultural Resources Impacts: The project would result in a significant and
unavoidable impact associated with the removal, relocation, or reconstruction of individually
historic structures that are part of the historically significant San Luis Ranch Complex. As
such, the project would contribute to the cumulative loss of historic resources in the City.
Required Mitigation Measures CR-1(a) through CR-1(c) would reduce this cumulative impact
to historical resources to the maximum extent feasible. However, no additional mitigation is
available to address this cumulative impact. Therefore, cumulative cultural resources impacts
would remain significant and unavoidable. (Refer to page 4.5-26 of the Final EIR.)
a. Mitigation: The Specific Plan contains goals and policies which would reduce cumulative
impacts to historic and cultural resources. In addition, implementation of Mitigation
Measures CR-1(a) through CR-1(c) would further reduce cumulative impacts to historic
resources. No other feasible mitigation is available that would meet the project objectives.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures CR-1(a) through CR-1(c) are feasible and have been
adopted. No additional feasible mitigation is available for the cumulative loss of historic
resources in the City, which would remain a significant and unavoidable impact. A
statement of overriding considerations for this impact is made in Section 8.
C. LAND USE
1. Impact LU-1: The project would be potentially inconsistent with adopted City policies in the
General Plan designed to protect historical resources. Required Mitigation Measures in the
EIR would reduce inconsistencies with General Plan policies to the maximum extent feasible.
However, Specific Plan conflicts with Land Use Element Policy 1.10.4 (Design Standards) and
Conservation and Open Space Element Policy 3.3.2 (Demolitions) would remain potentially
inconsistent. The City acknowledges the importance and breadth of the potential
inconsistencies associated with the Specific Plan by finding them to be significant and
unavoidable impacts. (Refer to page 4.9-9 of the Final EIR.)
a. Mitigation: The incorporation of Mitigation Measures AG-1, AG-3, BIO-1(a) through BIO-
1(h), BIO-2(a) through BIO-2(c), CR-1(a) through CR-1(c), GEO-1, GEO-3, HAZ-4, HAZ-6,
N-1(a) through N-1(g), N-4(a), N-4(b), N-5(a) through N-5(d), and T-1(a) through T-1(i),
T-2(a) through T-2(j), T-3(a) through T-3(d), T-4, T-5, T-6, T-7, T-8(a) through T-8(g), T-9(a)
through T-9(m), T-10(a) through T-10(c), would ensure that several potential conflicts
PC 1-109
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
49
between the San Luis Obispo City General Plan and the Specific Plan would be reduced
to the maximum extent feasible.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. The mitigation measures are feasible and have been adopted. However,
Specific Plan conflicts with Land Use Element Policy 1.10.4 (Design Standards) and
Conservation and Open Space Element Policy 3.3.2 (Demolitions) were identified in the
Final EIR as potentially inconsistent. A statement of overriding considerations for this
impact is made in Section 8.
D. NOISE
1. Impact N-1: Temporary construction activity would create noise that could exceed City of San
Luis Obispo Municipal Code regulations. Required Mitigation Measures N-1(a) through N-
1(g) require implementation of noise reduction devices and techniques during construction,
and would reduce noise associated with on- and off-site construction activity to the maximum
extent feasible. Although Mitigation Measure N-1(a) would reduce impacts from haul trucks
by requiring the haul route to avoid residential areas and noise sensitive uses where possible,
haul truck noise would continue to exceed the 75 dBA threshold for intermittent noise.
Therefore, noise impacts from haul trucks would be minimized, but not eliminated. As a
result, temporary noise impacts associated with off-site construction activity would be
significant and unavoidable. (Refer to page 4.10-15 of the Final EIR.)
a. Mitigation: Implementation of the following measures would reduce noise impacts to the
maximum extent feasible and are required.
N-1(a). Construction Vehicle Travel Route. Construction vehicles and haul trucks
shall utilize roadways which avoid residential neighborhoods and sensitive receptors
where possible. The applicant shall submit a proposed construction vehicle and
hauling route for City review and approval prior to grading/building permit
issuance. The approved construction vehicle and hauling route shall be used for soil
hauling trips prior to construction as well as for the duration of construction.
N-1(b). Construction Activity Timing. Except for emergency repair of public service
utilities, or where an exception is issued by the Community Development
Department, no operation of tools or equipment used in construction, drilling, repair,
alteration, or demolition work shall occur daily between the hours of 7:00 PM and 7:00
AM, or any time on Sundays, holidays, or after sunset, such that the sound creates a
noise disturbance that exceeds 75 dBA for single family residential, 80 dBA for multi-
family residential, and 85 dBA for mixed residential/commercial land uses across a
residential or commercial property line.
N-1(c). Construction Equipment Best Management Practices (BMPs). For all
construction activity at the project site, noise attenuation techniques shall be employed
to ensure that noise levels are maintained within levels allowed by the City of San Luis
PC 1-110
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
50
Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall
include:
o Sound blankets on noise-generating equipment.
o Stationary construction equipment that generates noise levels above 65
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.
o All diesel equipment shall be operated with closed engine doors and shall
be equipped with factory-recommended mufflers.
o 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.
o Electrical power shall be used to power air compressors and similar power
tools.
o 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).
o Temporary sound barriers shall be constructed between construction sites
and affected uses.
N-1(d). Neighboring Property Owner Notification and Construction Noise
Complaints. The contractor shall inform residents and business operators at
properties within 300 feet of the project site of proposed construction timelines and
noise complaint procedures to minimize potential annoyance related to construction
noise. Proof of mailing the notices shall be provided to the Community Development
Department before the City issues a zoning clearance. Signs shall be in place before
beginning of and throughout grading and construction activities. Noise-related
complaints shall be directed to the City’s Community Development Department.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures N-1(a) through N-1(d) are feasible and have been
adopted. Available mitigation would not reduce the noise below the applicable City
standards for relatively long term construction activity. Therefore temporary noise
impacts associated with on-site construction activity would be significant and
unavoidable. A statement of overriding considerations for this impact is made in Section
8.
E. TRANSPORTATION
1. Impact T-1: Under Existing and Near-Term Plus Project conditions nine study area
intersections would operate at unacceptable automobile, bicycle, or pedestrian LOS based on
PC 1-111
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
51
adopted multimodal level of service standards during AM and PM peak hours. (Refer to page
4.12-43 of the Final EIR.)
a. Mitigation: Mitigation Measures T-1(a) through T-1(i) identify improvements at study
area facilities that are required to reduce potentially significant project-specific impacts at
study area intersections under Existing and Near-Term Plus Project Conditions. The
project’s equitable share of these improvements will be calculated using the method for
calculating equitable mitigation measures outlined in the Caltrans Guide for the
Preparation of Traffic Impact Studies (Caltrans, December 2002). Costs above and beyond
the project’s equitable share can be addressed through such options as fee credits,
reimbursement agreements, or development agreements, based on City requirements.
Implementation of Mitigation Measures T-1(a) through T-1(i) would reduce impacts to
multimodal level of service at study area intersections under Existing and Near-Term Plus
Project conditions to a feasible extent.
T-1(a). Intersection #1: Madonna Road & Los Osos Valley Road.
o City optimize signal timing to accommodate increased project volumes
(ongoing)
T-1(b). Intersection #3: Madonna Road & Dalidio Drive/Prado Road.
o Extend existing westbound left turn lane on Madonna Road to Dalidio
Drive/Prado Road to 310’ (Phase 1)
o Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio
Drive/Prado Road (Phase 1)
o Install eastbound 250’ right turn pocket on Madonna Road to Dalidio
Drive/Prado Road (Phase 1)
o Install 2nd northbound left shared with through-lane on Prado
Road/Dalidio Drive to Madonna Road (Phase 1)
o Prohibit westbound U-turns on Madonna Road (Phase 1)
o Provide split phase operations & optimize signal timing (Phase 1)
T-1(c). Intersection #5: Madonna Road & U.S. 101 Southbound Ramps.
o Construct Prado Road Overpass (Overpass-Only, Phase 2)
T-1(d). Intersection #8: Higuera Street & South Street.
o Optimize Signal Timing
T-1(e). Intersection #9: Los Osos Valley Road & Froom Ranch Way.
o Install dedicated 230’ right turn lane on northbound Froom Ranch Way
approach to Los Osos Valley Road (with Froom Ranch Way bridge
construction)
o Extend right turn lane on southbound Froom Ranch Way approach to Los
Osos Valley Road to 110’ (with Froom Ranch Way bridge construction)
o Install 2nd southbound left turn lane on Froom Ranch Way approach to
eastbound Los Osos Valley Road (with Froom Ranch Way bridge
construction)
PC 1-112
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
52
T-1(f). Intersection #10: Los Osos Valley Road & Auto Park Way.
o Signalization (Phase 1)
o Construct Prado Road Overpass (Overpass Only, Phase 2)
T-1(g). Intersection #16: S. Higuera Street & Tank Farm Road.
o Construct Prado Road Overpass (Overpass Only Phase 2)
o Extend northbound right turn pocket to 230’ and channelize movement
(Phase 1)
T-1(h). Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way.
o Install multilane roundabout control (when connection is constructed)
T-1(i). Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway.
o Install multilane roundabout control or restricted access (when
connection is constructed)
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures T-1(a), T-1(c) through T-1(d), and T-1(f) through T-
1(i) are feasible and have been adopted. Potential right-of-way constraints at the Madonna
Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way intersections may
reduce the feasibility of Mitigation Measures T-1(b) and T-1(e). Accordingly, the potential
impacts associated with multimodal level of service standards identified for Existing and
Near-Term Plus Project conditions at the Madonna Road & Dalidio Drive and Los Osos
Valley Road & Froom Ranch Way intersections may not be feasibly mitigated to a less
than significant level. Therefore, the potential impacts to multimodal level of service at
the Madonna Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way
intersections under Existing and Near-Term Plus Project conditions would remain
significant and unavoidable. A statement of overriding considerations for this impact is
made in Section 8.
2. Impact T-2: Under Existing and Near-Term Plus Project conditions, the volume of traffic at
19 study area intersections would exceed lane capacities. (Refer to page 4.12-58 of the Final
EIR.)
a. Mitigation: Mitigation Measures T-2(a) through T-2(j) identify improvements at study
area facilities that are required to reduce potentially significant project-specific impacts at
study area intersections under Existing and Near-Term Plus Project Conditions. The
project’s equitable share of these improvements will be calculated using the method for
calculating equitable mitigation measures outlined in the Caltrans Guide for the
Preparation of Traffic Impact Studies (Caltrans, December 2002). Costs above and beyond
the project’s equitable share can be addressed through such options as fee credits,
reimbursement agreements, or development agreements, based on City requirements.
Implementation of Mitigation Measures T-2(a) through T-2(j) would reduce impacts
associated with lane capacities identified for Existing and Near-Term Plus Project
conditions to a feasible extent.
PC 1-113
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
53
T-2(a). Intersection #1: Madonna Road & Los Osos Valley Road.
o Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(b). Intersection #2: Madonna Road & Oceanaire Drive.
o Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(c). Intersection #5: Madonna Road & U.S. 101 S.B Ramps.
o Extend northbound Madonna Road left turn lane to 150’ (Phase 1)
T-2(d). Intersection #6: Madonna Road & U.S. 101 Northbound Ramps.
o Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(e). Intersection #7: Madonna Road & Higuera Street.
o Construct Prado Road Overpass (Overpass Plus U.S. 101 northbound
ramps, Phase 2)
T-2(f). Intersection #9: Los Osos Valley Road & Froom Ranch Way.
o Install dedicated 230’ right turn lane on Los Osos Valley Road approach
to northbound Froom Ranch Way (with Froom Ranch Way bridge
construction)
o Extend right turn lane on Los Osos Valley Road approach to southbound
Froom Ranch Way to 110’ (with Froom Ranch Way Bridge construction)
o Install 2nd southbound left turn lane on Froom Ranch Way approach to
eastbound Los Osos Valley Road (with Froom Ranch Way bridge
construction)
T-2(g). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
o Extend off-ramp left turn pocket to 320’ (Phase 1)
T-2(h). Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps.
o Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(i). Intersection #14: Los Osos Valley Road & Higuera Street.
o Extend eastbound right turn lane to 180’ (Phase 1)
T-2(j). Intersection #18: Prado Road & Higuera Street.
o Install 2nd U.S. 101 northbound left turn lane (Phase 1)
o Extend westbound right turn pocket to 400’ (Phase 1)
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures T-2(a) through T-2(e) and T-2(g) through T-2(j) are
feasible and have been adopted. Potential right-of-way constraints at the Los Osos Valley
Road & Froom Ranch Way intersection may reduce the feasibility Mitigation Measure T-
2(f). Accordingly, the potential impacts associated with lane capacities identified for
Existing and Near-Term Plus Project conditions at the Los Osos Valley Road & Froom
Ranch Way intersection may not be feasibly mitigated to a less than significant level. As a
PC 1-114
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
54
result, impacts to lane capacities at the Los Osos Valley Road & Froom Ranch Way
intersection under Existing and Near-Term Plus Project conditions would remain
significant and unavoidable. A statement of overriding considerations for this impact is
made in Section 8.
3. Impact T-3: Under Existing and Near-Term conditions four study area segment groups would
operate at unacceptable automobile, bicycle, pedestrian, and transit LOS based on adopted
multimodal level of service standards during AM and PM peak hours. (Refer to page 4.12-63
of the Final EIR.)
a. Mitigation: Mitigation Measures T-3(a) through T-3(d) identify improvements at study
area facilities that are required to reduce potentially significant project-specific impacts at
study area roadway segments under Existing and Near-Term Plus Project Conditions. The
project’s equitable share of these improvements will be calculated using the method for
calculating equitable mitigation measures outlined in the Caltrans Guide for the
Preparation of Traffic Impact Studies (Caltrans, December 2002). Costs above and beyond
the project’s equitable share can be addressed through such options as fee credits,
reimbursement agreements, or development agreements, based on City requirements.
Implementation of Mitigation Measures T-3(a) through T-3(d) would reduce impacts
associated with multimodal level of service standards at study area roadway segments
identified for Existing and Near-Term Plus Project conditions to a feasible extent.
T-3(a). Segments #1 - #6: Madonna Road (Los Osos Valley Road to Higuera Street)
o Construct Prado Road Overpass (Overpass Only, Phase 2)
o Fund assessment of decreasing transit headways to 25 min
o Construct parallel Class I multiuse paths or bike boulevard (Phase 1)
T-3(b). Segments #7 - #8: Higuera Street (Madonna Road to Prado Road)
o Construct Prado Road Overpass (Overpass and U.S. 101 northbound
ramps, Phase 2)
o Construct parallel Class I multiuse paths or bike boulevard (Phase 1)
T-3(c). Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera Street)
o Construct Prado Road Overpass (Overpass and U.S. 101 northbound
ramps, Phase 2)
o Construct parallel Class I multiuse paths or bike boulevard (Phase 3)
T-3(d). Segments #18 - #20: Dalidio Drive/Prado Road (Froom Ranch Way to Higuera
Street)
o Construct parallel Class I multiuse paths or bike boulevard (when Prado
Road is constructed/improved)
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures T-3(a) through T-3(c) are feasible and have been
adopted. Potential right-of-way constraints along the Higuera Street segments (Segments
#7 and #8) may reduce the feasibility of (Mitigation Measure T-3(b). Accordingly, the
PC 1-115
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
55
potential impacts associated with multimodal level of service standards identified for
Existing and Near-Term Plus Project conditions along the Higuera Street segments
(Segments #7 and #8) may not be feasibly mitigated to a less than significant level. As a
result, impacts associated with multimodal level of service standards at the Higuera Street
segments (Segments #7 and #8) under Existing and Near-Term Plus Project conditions
would remain significant and unavoidable. A statement of overriding considerations for
this impact is made in Section 8.
4. Impact T-8: Under Cumulative Plus Project conditions nine study area intersections would
operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal
level of service standards during AM and PM peak hours. (Refer to page 4.12-87 of the Final
EIR.)
a. Mitigation: Mitigation Measures T-8(a) through T-8(g) identify improvements at study
area facilities that are required to reduce potentially significant project-specific impacts at
study area intersections under Cumulative Plus Project Conditions. The project’s
equitable share of these improvements will be calculated using the method for calculating
equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic
Impact Studies (Caltrans, December 2002). Costs above and beyond the project’s equitable
share can be addressed through such options as fee credits, reimbursement agreements,
or development agreements, based on City requirements. Implementation of Mitigation
Measures T-8(a) through T-8(g) would reduce impacts to multimodal level of service at
study area intersections under Cumulative Plus Project conditions to a feasible extent.
T-8(a). Intersection #3: Madonna Road & Dalidio Drive/Prado Road.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[b])
T-8(b). Intersection #9: Los Osos Valley Road & Froom Ranch Way.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[e]/Mitigation Measure T-2[f])
T-8(c). Intersection #10: Los Osos Valley Road & Auto Park Way.
Existing & Near-Term Plus Project Mitigation (Mitigation
Measure T-1[f])
T-8(d). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-8(e). Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-8(f). Intersection #14: Los Osos Valley Road & S. Higuera Street.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
PC 1-116
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
56
T-8(g). Intersection #16: S. Higuera Street & Tank Farm Road.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[f])
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures T-8(c) through T-8(g) are feasible and have been
adopted. Potential right-of-way constraints at the Madonna Road & Dalidio Drive and
Los Osos Valley Road & Froom Ranch Way intersections may reduce the feasibility of
Mitigation Measures T-8(a) and T-8(b). Accordingly, the potential impacts associated with
multimodal level of service standards identified for Cumulative Plus Project conditions at
the Madonna Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way
intersections may not be feasibly mitigated to a less than significant level. Therefore, the
potential impacts to multimodal levels of service at the Madonna Road & Dalidio Drive
and Los Osos Valley Road & Froom Ranch Way intersections under Cumulative Plus
Project conditions would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 8.
5. Impact T-9: Under Cumulative Plus Project conditions, the volume of traffic at 18 study area
intersections would exceed lane capacities. (Refer to page 4.12-97 of the Final EIR.)
a. Mitigation: Mitigation Measures T-9(a) through T-9(m) identify improvements at study
area facilities that are required to reduce potentially significant project-specific impacts at
study area intersections under Cumulative Plus Project Conditions. The project’s
equitable share of these improvements will be calculated using the method for calculating
equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic
Impact Studies (Caltrans, December 2002). Costs above and beyond the project’s equitable
share can be addressed through such options as fee credits, reimbursement agreements,
or development agreements, based on City requirements. Implementation of Mitigation
Measures T-9(a) through T-9(m) would reduce impacts associated with lane capacities
identified for Existing and Near-Term Plus Project conditions to a feasible extent.
T-9(a). Intersection #1: Madonna Road & Los Osos Valley Road.
o Extend northbound right turn pocket on Los Osos Valley Road to 295’
o Extend southbound left turn pocket on Madonna Road to 395’
T-9(b). Intersection #2: Madonna Road & Oceanaire Drive.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[b])
o Extend westbound right turn land on Madonna Road to 200’
T-9(c). Intersection #3: Madonna Road & Dalidio Drive.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[b])
T-9(d). Intersection #4: Madonna Road & El Mercado.
PC 1-117
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
57
o Existing & Near-Term Plus Project Mitigation (Mitigation Measures T-
1[b])
T-9(e). Intersection #5: Madonna Road & U.S. 101 Southbound Ramps.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-9(f). Intersection #6: Madonna Road & U.S. 101 Northbound Ramps.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-9(g). Intersection #8: Higuera Street & South Street.
o Extend northbound Higuera Street left turn pocket to 120’
o Extend eastbound South Street right turn pocket to 100’
T-9(h). Intersection #9: Los Osos Valley Road & Froom Ranch Way.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[d]/Mitigation Measure T-2[f])
T-9(i). Intersection #11: Los Osos Valley Road & Calle Joaquin.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-9(j). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-9(k). Intersection #14: Los Osos Valley Road & S. Higuera Street.
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-9(l). Intersection #16: S. Higuera Street & Tank Farm Road.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
1[g])
T-9(m). Intersection #18: Higuera Street & Prado Road.
o Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-
2[j])
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures T-9(a) through T-9(b), T-9(d) through T-9(g), and T-
9(i) through T-9(m) are feasible and have been adopted. Potential right-of-way constraints
at the Madonna Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way
intersections may reduce the feasibility of Mitigation Measures T-9(c) and T-9(h).
Accordingly, the potential impacts associated with lane capacities identified for
Cumulative Plus Project conditions at the Madonna Road & Dalidio Drive and Los Osos
PC 1-118
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
58
Valley Road & Froom Ranch Way intersections may not be feasibly mitigated to a less
than significant level. As a result, impacts to lane capacities at the Madonna Road &
Dalidio Drive and Los Osos Valley Road & Froom Ranch Way intersections under
Cumulative Plus Project conditions would remain significant and unavoidable. A
statement of overriding considerations for this impact is made in Section 8.
6. Impact T-10: Under Cumulative Plus Project conditions five study area segment groups, as
well as mainline segments of U.S. 101, would operate at unacceptable automobile, bicycle,
pedestrian, and transit LOS based on adopted multimodal level of service standards during
AM and PM peak hours. (Refer to page 4.12-101 of the Final EIR.)
a. Mitigation: Mitigation Measures T-10(a) through T-10(c) identify improvements at study
area facilities that are required to reduce potentially significant project-specific impacts at
study area roadway segments under Cumulative Plus Project Conditions. The project’s
equitable share of these improvements will be calculated using the method for calculating
equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic
Impact Studies (Caltrans, December 2002). Costs above and beyond the project’s equitable
share can be addressed through such options as fee credits, reimbursement agreements,
or development agreements, based on City requirements. Implementation of Mitigation
Measures T-10(a) through T-10(c) would reduce impacts associated with multimodal level
of service standards at study area roadway segments identified for Cumulative Plus
Project conditions to a feasible extent.
T-10(a). Segments #1 - #6: Madonna Road (Higuera Street to Los Osos Valley Road).
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-10(b). Segments #15 - #16: Los Osos Valley Road (Calle Joaquin to U.S. 101
Northbound Ramps).
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
T-10(c). Segment #24: Prado Road/Dalidio Drive (Project Driveway to Froom Ranch
Way).
o Construct Prado Road Overpass (Overpass with U.S. 101 northbound and
southbound ramps)
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in the Final
EIR infeasible. Mitigation Measures T-10(a) through T-10(c) are feasible and have been
adopted. However, potential impacts identified for the northbound and southbound lanes
of the mainline segments of U.S. 101 at Los Osos Valley Road and Madonna Road under
Cumulative Plus Project conditions would not be mitigated to a less than significant level.
No additional mitigation measures are feasible due to economic and physical constraints.
As a result, impacts under Cumulative Plus Project conditions would remain significant
and unavoidable. A statement of overriding considerations for this impact is made in
Section 8.
PC 1-119
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
59
SECTION 7. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
PROJECT
A. INTRODUCTION
As identified in Section 6 of this document, the proposed project will cause the following
significant and unavoidable environmental impacts to occur:
• Impact AQ-1: Clean Air Plan (CAP) consistency
• Cumulative air quality impact
• Impact CR-1: Removal of historic resources
• Cumulative cultural resource impact
• Impact LU-1: Potential City policy inconsistency
• Impact N-1: Temporary construction activity noise
• Impact T-1: Unacceptable multimodal level of service at study area intersections under
Existing and Near-Term Plus Project conditions
• Impact T-2: Traffic volumes exceeding lane capacities under Existing and Near-Term Plus
Project conditions
• Impact T-3: Unacceptable multimodal level of service at study area roadway segments
under Existing and Near-Term Plus Project conditions
• Impact T-8: Unacceptable multimodal level of service at study area intersections under
Cumulative Plus Project conditions
• Impact T-9: Traffic volumes exceeding lane capacities under Cumulative Plus Project
conditions
• Impact T-10: Unacceptable multimodal level of service at study area roadway segments,
including mainline segments of U.S. 101, under Cumulative Plus Project conditions
Because the proposed project will cause significant and unavoidable environmental impacts to
occur as identified above, the City must consider the feasibility of any environmentally superior
alternatives to the project, as proposed. The City must evaluate whether one or more of these
alternatives could substantially lessen or avoid the unavoidable significant environmental effects.
As such, the environmental superiority and feasibility of each alternative to the project is
considered in this section. Specifically, this section evaluates the effectiveness of these alternatives
in reducing the significant and unavoidable impacts of the proposed project.
B. DESCRIPTION OF THE ALTERNATIVES
The Final EIR for the project evaluates the following four alternatives to the project: (1) a no
project, no development alternative; (2) a no project, existing entitlements alternative; (3) an
alternative that would retain the San Luis Ranch Farm Complex; and (4) an alternative that would
retain 50 percent of the net site acreage as on-site agricultural and open space.
1. Alternative 1: No Project, No Development. As required by CEQA, this EIR evaluates the
environmental consequences of not proceeding with the project. This alternative assumes that
PC 1-120
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
60
the San Luis Ranch Specific Plan is not adopted, that none of the proposed entitlements are
implemented, including annexation to the City, and that no further development would occur
on the project site. The project site would continue to support existing agricultural land uses,
and the existing structures on the site would remain.
2. Alternative 2: No Project, Measure J Entitlements. This alternative assumes that the San Luis
Ranch Specific Plan is not adopted and that none of the proposed entitlements are
implemented, including annexation to the City. Therefore, this alternative represents a project
that would be processed by San Luis Obispo County, and considers what would be
reasonably expected to occur in the foreseeable future based on current plans and consistency
with available infrastructure and community services. There are existing entitlements on the
project site for development in the County from the voter-approved initiative known as
“Measure J,” which was passed in 2006 and upheld in 2009. The Measure J entitlements
include 60 multi-family dwelling units, 560,000 square feet of regional commercial and
outdoor sales areas, 198,000 square feet of office space, and a 150-room hotel and ancillary
facilities. Because the Measure J entitlements would leave the project site under the
jurisdiction of the County, but surrounded entirely by the City limit, these entitlements would
also require the use of private water from onsite wells and an onsite wastewater treatment
facility. Figure 6-1 of the Final EIR depicts the Measure J site plan and approximate
development area of this alternative.
3. Alternative 3: Historical Resource Preservation. This alternative assumes that the San Luis
Ranch Farm Complex, as well as associated eucalyptus trees, located in the northwest portion
of the project site would be retained, and that the proposed multi-family residential
development would be relocated and integrated into the proposed single-family residential
development area on the central portion of the project site. This configuration would likely
result in fewer single-family homes and a corresponding increase in the number of multi-
family or cluster-style residential development in order to preserve the total residential unit
count on the project site. Figure 6-2 of the Final EIR depicts the approximate development
area of this alternative.
4. Alternative 4: 50% On-Site Agriculture/Open Space. This alternative would retain 50 percent
of the net site acreage as on-site agricultural and open space uses to be consistent on-site with
the City’s General Plan Land Use Element Policy 8.1.4.f. This alternative would retain the
portion of land designated for commercial uses (NC) southeast of Froom Ranch Way and
southwest of Prado Road in agriculture. This alternative would reduce the portion of the site
available for residential and commercial development on the project site.
C. EFFECTIVENESS OF ALTERNATIVES IN AVOIDING SIGNIFICANT PROJECT
IMPACTS
This section evaluates the effectiveness of the alternatives in reducing the significant and
unavoidable impacts of the proposed project.
1. Significant and Unavoidable Air Quality Impacts. The proposed project would result in
significant and unavoidable project-level and cumulative impacts related to Clean Air Plan
PC 1-121
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
61
(CAP) inconsistency. Under Alternative 1 (No Project, No Development), no development
would occur, and no additional vehicle trips would be generated; therefore air quality
impacts would be substantially reduced. Under Alternative 2 (No Project, Measure J
Entitlements), additional vehicle trips would result in increased emissions compared to the
proposed project, which would cumulatively impact air quality; therefore air quality impacts
would remain significant and unavoidable. Alternative 3 (Historical Resource Preservation)
would provide denser residential development, incrementally reducing vehicle miles
traveled and associated air pollutant emissions; therefore, air quality impacts would be
incrementally reduced, but would remain significant and unavoidable. Alternative 4 (50%
On-Site Agriculture/Open Space) would also result in fewer trips and emissions, as a result
of the reduced total number of dwelling units and expected population compared to the
proposed project; however, the significant cumulative air quality impacts would not be
avoided.
2. Significant and Unavoidable Cultural Resources Impacts. The proposed project would
result in significant and unavoidable project-level and cumulative impacts to historic
resources as a result of the removal of the San Luis Ranch Complex. Alternative 1 and
Alternative 3 would not remove the San Luis Ranch Complex; therefore, the project-level and
cumulative impact to historic resources would not occur. Alternative 2 would remove the San
Luis Ranch Complex, but would not relocate, reconstruct, or otherwise preserve or document
the historic San Luis Ranch Complex or its individually historic structures; therefore, impacts
to historic resources would be greater in comparison to the project Alternative 4 would
remove the San Luis Ranch Complex, similar to the proposed project; therefore, the project-
level and cumulative impact to historic resources would remain significant and unavoidable.
3. Significant and Unavoidable Land Use/Policy Consistency Impact. The proposed project
would result in significant and unavoidable land use impacts due to potential inconsistencies
with adopted City policies in the General Plan designed to protect historical resources and
ensure adequate multimodal transportation levels of service. Under Alternative 1, no
development would occur; therefore, the significant and unavoidable land use impact would
be avoided. Alternative 2 would result in a project developed by San Luis Obispo County,
rather than the City, which would not be required to be consistent with the City’s General
Plan, making it impossible for the City to achieve the goals established for this area in the
General Plan, as well as overall General Plan goals related to housing, agricultural protection,
minimizing impacts to creeks, and circulation; therefore, this alternative would result in
greater inconsistencies with the General Plan, and this impact would remain significant and
unavoidable. Alternative 3 would not remove the San Luis Ranch Complex; therefore, this
alternative would not conflict with adopted City policies in the General Plan designed to
protect historical resources; therefore, this alternative would reduce inconsistencies with the
General Plan, but this impact would remain significant and unavoidable. Alternative 4 would
dedicate one half of the total project site for agriculture and open space, achieving on-site
consistency with General Plan Land Use Element Policy 8.1.4.f. However, Alternative 4 would
remain potentially inconsistent with General Plan policies designed to protect historical
resources and ensure adequate multimodal transportation levels of service; therefore, impacts
to land use would remain significant and unavoidable.
PC 1-122
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
62
4. Significant and Unavoidable Temporary Noise Impacts. The proposed project would cause
temporary noise impacts as a result of construction activity associated with project
development. Under Alternative 1, no development would occur; therefore, the significant
and unavoidable construction noise impact would be avoided. Alternatives 2, 3, and 4 would
result in a similar level of overall construction activity on the project site, and would therefore
result in similar significant and unavoidable impacts associated with temporary construction
noise.
5. Significant and Unavoidable Transportation Impacts. The proposed project would result in
project-level transportation impacts associated with potentially infeasible transportation
mitigation measures at the Madonna Road & Dalidio Drive and Los Osos Valley Road &
Froom Ranch Way intersections and cumulative transportation impacts along the mainline
segments of U.S. 101 at Los Osos Valley Road and Madonna Road due to increased vehicle
use of these facilities. Under Alternative 1, no development would occur; therefore, the
significant and unavoidable transportation impacts would be avoided. Alternative 2 would
result in an incrementally higher number of vehicle trips to and from the project site;
therefore, this alternative would result in greater transportation impacts that would remain
significant and unavoidable. Alternatives 3 and 4 would incrementally reduce the number of
vehicle trips to and from the project site. However, project-generated vehicle traffic would
still exceed the capacity and LOS thresholds for area intersections and roadways; therefore,
impacts to transportation under these alternatives would remain significant and unavoidable.
D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE AND FEASIBILITY OF
PROJECT ALTERNATIVES
1. Finding: Alternative 1 (No Project, No Development) is environmentally superior overall,
since no development would occur under the City jurisdiction. However, the existing Land
Use Element establishes the San Luis Ranch Specific Plan Area as a City Expansion Area and
requires that a Specific Plan be adopted prior to urban development. Alternative 1 fails to
meet the City’s objectives for the project area as well as any of the project objectives. As a
result, the City finds that Alternative 1 would be infeasible to implement.
2. Finding: Alternative 2 (No Project, Measure J Entitlements) would result in increased physical
environmental impacts when compared to the proposed San Luis Ranch Specific Plan. With
a higher density, commercially-focused design, this alternative requires more disturbed area,
resulting in less of the site being retained in agriculture and open space. This alternative
would also require the use of private water from onsite wells and an onsite wastewater
treatment facility. Alternative 2 does not avoid any of the Class I impacts associated with the
proposed project, and would not meet the project objectives to provide infill growth, preserve
agricultural land and open space, create significant entry-level, workforce housing
opportunities, implement a walkable-bikeable neighborhood design, create new commercial
office and hotel opportunities, develop an agricultural heritage facilities & learning center,
establish a link in the Bob Jones Regional Trail, and provide a fair-share financial contribution
toward public circulation improvements. As a result, the City finds that Alternative 2 is not
environmentally superior to the proposed project, and would not satisfy the project
objectives.
PC 1-123
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
63
3. Finding: Among the development scenarios, Alternative 3 (Historical Resource Preservation)
would be considered environmentally superior. This alternative is considered
environmentally superior to the proposed San Luis Ranch Specific Plan for each issue except
for aesthetics, agricultural resources, hazards and hazardous materials, recreation,
transportation, utilities and service systems, and water resources. Alternative 3 avoids the
Class I impact related to historical resources by avoiding development on the northwest
portion of the project site near Madonna Road, where the San Luis Ranch Complex is located.
However, this alternative would result in greater impacts to transportation, because the
proposed roadway connection through the northwestern portion of the project site near
Madonna Road would not be constructed. This would result in increased traffic loading on
other access roadways into the Specific Plan area, including Froom Ranch Way, Dalidio Drive,
and the proposed Prado Road extension. Alternative 3 would not meet the project objectives
to implement a walkable-bikeable neighborhood design integrated with public transit and
open space amenities and develop an agriculture heritage facilities & learning center.
Alternative 3 would not develop the northwest portion of the project site near Madonna Road,
and without the associated pedestrian and bicycle connections to Madonna Road, would be
inferior to the proposed project in terms of its ability to provide pedestrian and bicycle
connections to off-site amenities, such as Laguna Lake Park, commercial uses in the project
site vicinity, and off-site transit connections, which is a project objective and City priority.
Alternative 3 would not relocate and preserve historically important structures from the San
Luis Ranch Complex, which is a project objective. As a result, the City finds that Alternative
3 would not satisfy the project objectives.
4. Finding: Alternative 4 (50% On-Site Agriculture/Open Space) is environmentally superior to
the proposed Specific Plan because there would be fewer residential units on the site and a
reduced overall site footprint. The impacts from this alternative are similar to the proposed
San Luis Ranch Specific Plan in the areas of biological resources, cultural resources, hazards
and hazardous materials, land use/policy consistency, noise, and recreation. Alternative 4
would not reduce any of the project’s Class I impacts to a level below significance thresholds.
However, Alternative 4 would result in incrementally reduced impacts to several issue areas,
including air quality, GHG emissions, transportation, aesthetics, and agricultural resources.
Alternative 4 would not meet the project objectives to develop infill growth for the City and
create significant entry-level, workforce housing opportunities within the City. Alternative 4
would result in fewer total residential units than the proposed project (536 vs. 580), and with
less housing overall, would be inferior to the proposed project in terms of its ability to provide
infill growth and create a variety of housing types, including affordable housing, which the
City has identified as a priority. Alternative 4 would also provide approximately one-third
less commercial square footage than the project, and would be inferior to the proposed project
in terms of its ability to provide new commercial office opportunities that will compliment
existing businesses in downtown San Luis Obispo, which is a project objective. As a result,
the City finds that Alternative 4 would not satisfy the project objectives.
PC 1-124
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
64
SECTION 8. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The Final EIR for the project identifies the following significant and unavoidable impacts of the
project:
1. The project would be inconsistent with the SLOAPCD 2001 Clean Air Plan because it
would result in an increase in vehicle miles traveled (VMT) that would exceed the rate of
population growth.
2. The project is inconsistent with the 2001 Clean Air Plan, which SLOAPCD guidance states
is a cumulative air quality impact.
3. The project would result in the relocation, demolition, and removal of structures on the
San Luis Ranch property which are individually identified as historic resources. In
addition, the project would eliminate the San Luis Ranch Complex, which is eligible for
listing as a historic resource. Relocation, demolition, and/or removal of these historic
resources would permanently alter the historic context of the project site and on-site
structures.
4. Removal of the San Luis Ranch Complex would contribute to the cumulative loss of
historic resources in the City.
5. The project would be potentially inconsistent with adopted City policies in the General
Plan designed to protect historical resources and ensure adequate multimodal
transportation levels of service.
6. Temporary construction activity would create noise that could exceed City of San Luis
Obispo Municipal Code regulations, and mitigation may not be feasible to reduce the
impact to less than the applicable threshold.
7. Under Existing and Near-Term Plus Project conditions nine study area intersections
would operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted
multimodal level of service standards during AM and PM peak hours. Mitigation would
reduce impacts at seven of these intersections to an acceptable level. However, impacts at
the Madonna Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way
intersections would be significant and unavoidable.
8. Under Existing and Near-Term Plus Project conditions, the volume of traffic at 19 study
area intersections would exceed lane capacities. Mitigation would reduce impacts at 18 of
these intersections to an acceptable level. However, impacts at the Los Osos Valley Road
& Froom Ranch Way intersection would be significant and unavoidable.
9. Under Existing and Near-Term conditions four study area segment groups would operate
at unacceptable automobile, bicycle, pedestrian, and transit LOS based on adopted
multimodal level of service standards during AM and PM peak hours. Mitigation would
reduce impacts at three of these segment groups to an acceptable level. However, impacts
at Higuera Street roadway segments would be significant and unavoidable.
10. Under Cumulative Plus Project conditions nine study area intersections would operate at
unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal level
of service standards during AM and PM peak hours. Mitigation would reduce impacts at
seven of these intersections to an acceptable level. However, impacts at the Madonna
PC 1-125
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
65
Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way intersections would
be significant and unavoidable.
11. Under Cumulative Plus Project conditions, the volume of traffic at 18 study area
intersections would exceed lane capacities. Mitigation would reduce impacts at 17 of these
intersections to an acceptable level. However, impacts at the Madonna Road & Dalidio
Drive and Los Osos Valley Road & Froom Ranch Way intersections would be significant
and unavoidable.
For projects which would result in significant environmental impacts that cannot be avoided,
CEQA requires that the lead agency balance the benefits of these projects against the unavoidable
environmental risks in determining whether to approve the projects. If the benefits of these
projects outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA
Guidelines Section 15093[a]). CEQA requires that, before adopting such projects, the public
agency adopt a Statement of Overriding Considerations setting forth the reasons why the agency
finds that the benefits of the project outweigh the significant environmental effects caused by the
project. This statement is provided below.
B. REQUIRED FINDINGS
The City has incorporated all feasible mitigation measures into the project. Although these
measures will lessen the unavoidable impacts listed above, the measures will not fully avoid these
impacts.
The City has also examined a reasonable range of alternatives to the project and has determined
that none of these alternatives is feasible, environmentally superior, and would satisfy the project
objectives to the same or greater extent as the project.
Alternative 1 would avoid all of the significant impacts of the project, but would not achieve the
City’s objectives for the project and is not considered feasible. Alternative 2 is considered to be
environmentally inferior to the proposed project. Alternative 3 would be environmentally
superior to the project in some aspects, but would result in greater impacts to transportation, and
would not achieve City objectives for the project, including implementing a walkable-bikeable
neighborhood design integrated with public transit and open space amenities and developing an
agriculture heritage facilities & learning center. Alternative 4 is superior to the proposed project
in that it incrementally reduces impacts to air quality, GHG emissions, transportation, aesthetics,
and agricultural resources. However, Alternative 4 is inferior to the proposed project in terms of
its ability to achieve City objectives for the project, including developing infill growth for the City
and creating significant entry-level, workforce housing opportunities within the City.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of
the proposed project against its unavoidable environmental risks. For the reasons specified
below, the City finds that the following considerations outweigh the proposed project’s
unavoidable environmental risks:
1. Provision of new Residential and Commercial Uses. The San Luis Ranch Specific Plan will
develop a new residential neighborhood that fulfills a portion of the City’s unmet housing
PC 1-126
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
66
needs and that designates sufficient land for neighborhood serving commercial uses to
provide for the convenience of area residents, consistent with Land Use Element Policies 2.3.6,
3.3.1, and 8.1.4.
2. Provision of a Variety of Housing Types for all Income Levels. The San Luis Ranch Specific
Plan provides a variety of housing types and costs to meet the needs of renters and buyers
with a variety of income-levels, including inclusionary affordable housing for residents with
moderate, low, and very-low income levels, consistent with General Plan Land Use Element
Goal 2, Affordability.
3. Open Space and Agricultural Protection: Implementation of the San Luis Ranch Specific Plan
would preserve approximately 53 acres of the site in agriculture adjacent to the San Luis
Obispo City Farm, including development of the agricultural heritage facilities & learning
center, which would relocate and preserve historically important structures from the San Luis
Ranch Complex and integrate them into an enhanced and inter-connected, working
agricultural setting. The project would also preserve approximately 7.4 acres of the site in
open space.
4. Provision of Park and Recreational Facilities. The San Luis Ranch Specific Plan will provide
a variety of park and recreational facilities for residents of the City, such as parks, trails and
other recreational facilities, and passive recreational opportunities within open space, both by
constructing facilities on site and providing needed funding for enhancement of existing
offsite City park and recreational facilities.
5. Well-Planned Neighborhood Would Reduce Per-Capita Vehicle Trips: The San Luis Ranch
Specific Plan would develop a new residential neighborhood to meet the City’s housing needs
and that designates sufficient land for neighborhood serving commercial uses to reduce
vehicle trips and provide for the convenience of area residents. In addition, the San Luis
Ranch Specific Plan encourages the use of bicycles and walking within the Plan Area by
including specific policies and development standards that will result in subdivision and
building designs that facilitate bike use and pedestrian access and incorporating multiple
classes of bike lanes and including bike and pedestrian paths through the parks and open
space areas.
6. Provision of New Jobs: The project would create new construction-related and permanent
jobs in the project area. Planned commercial development would provide jobs in close
proximity to housing, consistent with Community Goal 34 in the General Plan Land Use
Element and Land Use Element Policy 1.5, which states that the gap between housing demand
and supply should not increase.
7. Transient Occupancy Tax: Development of commercial hotel uses would contribute
Transient Occupancy Tax revenues that help fund needed City services.
8. Implementation of the General Plan: As required by the City General Plan, the San Luis
Ranch Specific Plan contains policies and standards that will facilitate appropriate
development of land, protection of open space, and provision of adequate public facilities
consistent with the City’s recent LUCE update and the housing and transportation objectives.
PC 1-127
Attachment 1
Exhibit A
Findings of Fact and Statement of Overriding Considerations
San Luis Ranch Specific Plan
City of San Luis Obispo July 2017
67
Accordingly, the City finds that the project’s adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
Dated: ___________, 2017
Heidi Harmon
Mayor, City of San Luis Obispo
PC 1-128
Attachment 1
Exhibit A
X
X
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
2
9
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
x x x
P
C
1
-
1
3
0
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
1
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
2
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
3
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
4
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
5
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
6
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
7
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
8
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
3
9
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
0
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
1
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
2
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
3
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
4
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
5
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
6
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
7
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
8
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
4
9
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
0
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
1
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
2
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
3
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
4
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
5
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
6
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
7
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
8
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
5
9
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
6
0
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
6
1
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
6
2
A
t
t
a
c
h
m
e
n
t
2
10
5
0
S
o
u
t
h
w
o
o
d
D
r
i
v
e
Sa
n
L
u
i
s
O
b
i
s
p
o
,
C
A
9
3
4
0
1
P
8
0
5
.
5
4
4
.
7
4
0
7
F
8
0
5
.
5
4
4
.
3
8
6
3
P
C
1
-
1
6
3
A
t
t
a
c
h
m
e
n
t
2
P
C
1
-
1
6
4
A
t
t
a
c
h
m
e
n
t
2
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 1
180317.1
TERM SHEET
FOR
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
MI SAN LUIS RANCH, LLC
1. PURPOSE AND SCOPE
a. The purpose of this Term Sheet is to outline basic terms by which the City of San
Luis Obispo (“City”) and MI San Luis Ranch, LLC (“Developer”) will be
negotiating a proposed Development Agreement for the orderly development of
the Project described in the Specific Plan (“Project”) on the real property
identified as APN: 067-121-022 (“Property”). This Term Sheet generally
addresses the list of issues described herein and memorializes the anticipated
terms of the proposed Development Agreement or outlines a process and/or
general approach to reach agreement.
b. The objective of the Development Agreement is to coordinate all entitlements and
provide for and secure for the orderly development of the Project and delineate a
process to specify both general and extraordinary benefits related to the
Development Agreement.
c. The final terms for the Development Agreement shall be negotiated in good faith
and nothing in this Term Sheet is binding on either party. This Term Sheet, by
memorializing the discussions to date between City and Developer, is intended to
provide clarity in planning for and facilitating the Project’s compliance with
CEQA, the processing of entitlements for the Project, and, if approved, the
orderly development of the Project.
d. Because full environmental review under CEQA and/or other state, federal, and
local environmental laws is required as part of City’s evaluation of whether to
approve the Project, nothing set forth in this Term Sheet commits or otherwise
requires City or any other federal, state, or other local agency to approve, in
whole or in part, the Project.
2. DURATION OF AGREEMENT
a. The duration of the Development Agreement is expected to be 20-30 years from
the date the Development Agreement becomes effective (“Effective Date”), but
shall comply with the time extensions and cancellations in City Municipal Code
section 17.94.190 and California Government Code sections 65868 and 65869.5
and other applicable law. The Development Agreement shall include an
expiration date within five years of effective date if the first phase of construction
is not completed.
b. The Development Agreement shall specify commencement of construction dates
along with related milestones. Failure to meet designated milestones may result in
cancellation of, and/or a reduction in the term of, the Development Agreement.
PC 1-165
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 2
180317.1
3. PERMITTED USES OF THE PROPERTY
a. The permitted uses of the Property are those identified, described, and otherwise
shown in the approved Specific Plan and other regulatory documents to be
included in the Development Agreement by reference. The Project shall be
limited to the expressed density and intensity of uses as shown in the approved
Specific Plan and other Project entitlements.
4. MAXIMUM DENSITY, HEIGHT, AND SIZE OF BUILDINGS
a. Any vested right relating to maximum density, height, and size of buildings shall
be for the term of the Development Agreement, subject only to the procedures and
design review standards for review of individual building projects (i.e.,
Architectural Review Commission, Cultural Heritage Commission, etc.). The
density, heights, and sizes of buildings are subjected to all Specific Plan polices or
other regulatory documents to be included in the Development Agreement by
reference.
5. PROVISIONS FOR RESERVATION OR DEDICATION OF LAND FOR PUBLIC PURPOSES
a. Before the sooner of (i) the recordation of a subdivision map for any portion of
the Project or (ii) the issuance of a building permit for the first structure to be built
as part of the first phase of the Project, Developer shall offer to dedicate to City a
conservation easement, or multiple conservation easements, preserving the land
designated by the Specific Plan as either Agriculture or Open Space in the form of
an Agriculture Easement (“Agriculture Easement”) and an Open Space Easement
(“Open Space Easement,” and collectively, the “Conservation Easements”).
Developer shall be entitled to make use of the land subject to the Conservation
Easements consistent with (i) the requirements of the Conservation Easements;
(ii) City rules, regulations, and policies, including but not limited to those
governing agriculture, agricultural buffers, wells, groundwater treatment facilities,
water lines, recreational and educational uses (including bicycle and pedestrian
paths), unpaved roadways and parking areas for agricultural purposes and
maintenance access, and surface drainage and flood management; (iii) Specific
Plan Policies, General Plan Policies, CEQA mitigation measures, conditions of
subdivision maps, and other project entitlements; and (iv) any other applicable
law or development standards in place on the Effective Date.
b. Developer shall partially fulfill the obligations of the Conservation Easements by
dedicating a portion of the Property for use as agricultural and open space land
consistent with City’s adopted General Plan and certified Final Environmental
Impact Report (“FEIR”) Mitigation Measures for the Project and any other
applicable conditions of approval or applicable regulations for the Project.
c. A portion of the agricultural/open space land may be mitigated off-site through an
agricultural/open space conservation easement on comparable land by providing
land for an agricultural/open space easement at a ratio to be determined by the
City’s Natural Resource Manager that contain specific characteristics of the land
proposed consistent in accordance with the FEIR, or through the payment of fees
to City for City’s use as a portion of monies available for the subsequent purchase
of a larger parcel of acceptable off-site mitigation property in fee or the purchase
of agricultural/open space conservation easements. In no case, shall comparable
PC 1-166
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 3
180317.1
offsite mitigation ratios be less than 1acre to 1acre. Any obligations of the Project
and Developer to meet those agriculture and open space requirements shall also
comply with all FEIR Mitigation Measures for the Project and any other policies
and development standards for the Project.
d. Developer agrees to fulfill its Quimby Act, General Plan Park Element, and other
applicable City park and recreation obligations by constructing the appropriate
onsite park and recreation improvements to the satisfaction of the Parks and
Recreation Commission. Should the amount of acreage dedicated to parks and
recreation amenities be insufficient to meet Developer’s obligation, Developer
shall dedicate property off-site, and/or pay applicable fees to accomplish the
same.
e. City agrees to consider an access easement to Developer for agricultural
operations on San Luis Ranch and temporary construction access across the
property commonly known as “City Farm property” (APN’s 053-152-006, 053-
152-008, and 053-152-007) within the area covered by the extension of Calle
Joaquin to the common property line. The Development Agreement shall specify
the terms for shared maintenance obligations of City and Developer as to that
access easement, as well as any necessary improvements.
6. INFRASTRUCTURE REQUIRED
a. Developer shall construct all infrastructure, including but not limited to that
required by the subdivision map(s), as outlined in the FEIR for the Project,
conditions of approval for the Project, the Specific Plan, or any other related
policies or standards, subject to any reimbursement requirements identified in the
Development Agreement or other Project entitlements. Infrastructure shall
include, but shall not be limited to, improvements for streets and sidewalks, parks
and recreation facilities, stormwater management and wetlands, grading and
floodplain management, storm drain, sanitary sewer, domestic and recycled water
infrastructure, and transit to support the development of the Project as shown in
the approved entitlements, including but not limited to the Project’s Specific Plan,
FEIR, conditions of approval, or other related development standards. City shall
consider granting easements across City property that may be required for the
orderly development of the Project.
b. City and Developer shall mutually agree on the timing of infrastructure
improvements to be constructed by Developer. Construction of these
improvements shall not commence any later than the triggering date or event for
these improvements as determined by the certified FEIR or other conditions of
approval. A financing plan for the improvements shall be included in the
Development Agreement. The financing plan shall identify Developer funding,
City impact fees, other private investment, land-secured (special district) funding,
and non-Developer funding from City or other public agencies.
c. Project entitlements shall include typical conditions of approval, including
acquisition of fee and/or easement rights of access, construction, and
maintenance-repair-replacement for any off-site infrastructure improvements
outside of the control of either City or Developer as required by California
Government Code section 66462.5. In addition to the options provided to the City
by Government Code section 66462.5, the City may opt at the sole discretion of
PC 1-167
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 4
180317.1
the Public Works Director to require the Developer to design and construct the
roundabout as specified in the subdivision map on the Project site.
d. Prior to recordation of the final map the Developer shall complete the design of
Dalidio Road improvements and exhaust all feasible efforts to acquire the
necessary off-site dedications, easements, and agreements to construct any
infrastructure for the Project on the site at 1655 Dalidio Drive on which the
United States Post Office is currently located (APN: 053-012-013). In addition to
the options provided to the City by Government Code section 66462.5, the City
may opt to require the Developer to explore other feasible alternatives within the
scope of the EIR mitigate any impacts.
e. Developer and City shall cooperate to provide and make available real property
currently owned by either Developer or City and necessary for construction of
those public improvements, such as, but not limited to (i) construction of the
Prado Road Overcrossing and/or Freeway Interchange required by the certified
FEIR, (ii) extension of Froom Ranch Way, (iii) improvements to Madonna Road,
(iv) or other improvements needed to satisfy Project approvals.
f. Prior to approval of the final subdivision map for the Project, Developer shall
convey by fee or by grant of an irrevocable offer of dedication rights across the
Property required for construction of the improvements associated with: 1) the
Prado Road Overcrossing and/or Freeway Interchange, 2) Madonna Road,
3) Dalidio/Prado Road, 4) Froom Ranch Way and 5) any other street for public
purposes.
g. City and Developer shall diligently pursue all aspects of the applications to
Caltrans, the Army Corps of Engineers, and other agencies required for
construction of the Prado Road Overcrossing or Freeway Interchange, and all
environmental processing and supporting technical studies. City and Developer
shall diligently and cooperatively pursue the planning, engineering, cost
estimating, and other efforts necessary to determine the final cost and design of
the Prado Road Overcrossing or Freeway Interchange. City shall provide timely
review and responses to all such applications made in respect to the Prado Road
Overcrossing and/or Freeway Interchange.
7. WATER RIGHTS
a. The Project shall comply with the California Water Code and the regulations
imposed pursuant to the Sustainable Groundwater Management Act (SGMA) for
all matters related to water rights. City and Developer acknowledge that
Developer neither relinquishes nor conveys to City any rights with respect to
groundwater or other water rights with respect to the Property. Further, Developer
expressly reserves any and all water rights it has in connection with the Property
and the Project. Developer shall be entitled to irrigate the agricultural/open space
land utilizing groundwater as long as water quality meets or exceeds all applicable
water quality standards, and shall not be required by City to irrigate that land with
reclaimed water in lieu of groundwater unless Developer at its sole option chooses
to connect to City’s water system for purposes of irrigation of
agricultural/openspace; provided, however, that nothing in the Development
Agreement shall exempt the Project or Developer from groundwater regulations
imposed by a Groundwater Sustainability Agency (GSA). City and Developer
PC 1-168
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 5
180317.1
acknowledge that pursuant to applicable rules and regulations, Developer may use
well water for irrigation purposes within the parcel boundary of agricultural/open
space land.
8. AFFORDABLE HOUSING
a. At a minimum, developer shall provide affordable housing, including rental and
for-sale units, consistent with the approved Affordable Housing Plan for the
Project. All affordable units required for the residential development will be
integrated into the neighborhoods on-site and will be subject to long-term
affordability agreements. The housing units required for the commercial
development could be provided on-site, off-site, or the requirement may be met
by payment of in-lieu fees.
9. GROWTH MANAGEMENT ORDINANCE
a. The Community Development Director may authorize the Developer to construct
up to 50% of annual units in a calendar year in excess of those permitted by the
approved phasing schedule required by the Specific Plan if he or she determines
that doing so is necessary to allow financing of essential project infrastructure.
The purpose of this section is to expressly allow for the financing of infrastructure
and is not a general waiver of the requirements under the City’s Growth
Management Ordinance.
10. FEES AND EXACTIONS
a. The Developer shall be required to pay all City-wide and Project-specific
development impact fees, excluding sewer and water impact fees addressed in
section 10(b) below, for the Project’s fair share of the cost to mitigate Project
impacts as identified in the Final Impact Report, Specific Plan, conditions of
approval or otherwise specified in the Development Agreement in effect when
each final map is recorded. All development impact fees shall be adjusted
annually based on an inflation index identified upon imposition of the fee.
b. The Developer shall be required to pay sewer and water impact fees in accordance
with the AB1600 analysis in effect when each Final Map is recorded. Sewer and
water impact fees in effect as of the date that the Final Map is recorded and may
be adjusted annually and shall be paid upon recordation of each final map at the
rate then effective.
c. Fees imposed by City, including but not limited to planning, engineering, building
permit, fire plan check and development impact fees, but excluding sewer and
water impact fees governed by section 10(b) above, shall be in accordance with
the fees in effect as of the date of when the Final Map is recorded and may be
adjusted annually in conformance with applicable City Policies.
d. If the City amends any existing Development Impact Fee (DIF) program to
include additional projects or costs for the benefit of the Project (either new
projects or increased costs for projects included in the analysis supporting existing
fees) for improvements necessary to satisfy Project requirements, Developer will
be required to pay the amended fees. Credits applied towards infrastructure costs
advanced by Developer shall apply when building permits are issued or fees are
otherwise due and shall arise only from Developer funded construction of
PC 1-169
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 6
180317.1
infrastructure or community facilities included in the project list on which a
particular fee was based. Credits applied when building permits are issued or fees
are otherwise due pursuant to this section shall be adjusted for inflation
consistently with such adjustments of the fees against which credits are allowed.
e. The Developer shall pay all then-current processing fees for any subsequent
planning applications and permits as adopted by the City Council.
f. City acknowledges that Developer may dedicate property and install
infrastructure improvements beyond its “fair share” cost. The City agrees to
consider fee credits and reimbursements, funded by Development Impact Fees
paid by other developers, and traffic impact fees, where eligible, but excluding
sewer and water impact fees. Nothing in the Development Agreement shall
preclude City and Developer from entering infrastructure-item-specific
reimbursement agreements for the portion of the cost of any dedications, public
facilities and/or infrastructure the City may require the Developer to construct as
conditions of the Project Approvals to the extent that they exceed the Project’s
“fair share”.
g. The Developer may be reimbursed by other private development(s) for those
developments’ “Fair Share” of the cost to construct sewer and water infrastructure
per San Luis Obispo Municipal Code sections 16.20.100 and 16.20.110. The
Developer will provide a study identifying the benefit area for each such
reimbursement agreement, conforming to San Luis Obispo Municipal Code
section 16.20.110, for review and approval of the Utilities Director, and may
provide for reimbursement for segments of infrastructure which meet a utility’s
minimum size standard if the study shows those minimally sized facilities to
benefit identified additional developments.
h. The Developer has advanced funding to process a Caltrans Project Study Report
(PSR) for the US 101/Prado Road Interchange. The Developer will either be
reimbursed by other development projects for costs beyond the Project’s “Fair
Share” of this improvement or receive an upfront fee credit for expenditures for
the PSR as established in the final Development Agreement.
11. NEW TAXES
a. Any City-wide taxes enacted or increased after the Effective Date shall apply to
the Project only if (i) such taxes apply City-wide and do not discriminate against
Developer, (ii) such taxes apply to the Property prospectively, and (iii) the
application of such taxes would not prevent development in accordance with the
Development Agreement.
12. INFRASTRUCTURE FINANCING
a. The Development Agreement shall include a financing plan that specifies the
form and mechanism of public financing to be used and the obligations of City
and Developer as to such public financing (“Financing Plan”). To fund timely
construction of necessary improvements as discussed in section 6, the Financing
Plan may require Developer to pay for some portion of the public improvements
beyond the Project’s “fair share” of costs and before funding for related
PC 1-170
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 7
180317.1
reimbursement by City has been secured. This may be accomplished through
reimbursement agreements; land-secured public financing for the Project, such as
formation of a community facilities district; use of tax increment financing
through an infrastructure financing district; negotiation of the Tax Exchange
Agreement with the County of San Luis Obispo; or outside sources of public
investment, such as grants. City’s General Fund shall not be obligated for such
debt. City agrees to create and administer the financing mechanism(s) and to
make best efforts in consultation with Developer to identify other funding sources
to support the orderly development of the Project. Nothing in this Term Sheet or
the Development Agreement shall constitute an unlawful pre-commitment of the
City’s legislative discretion or its discretion as to quasi-judicial matters which are
required to be determined after notice and hearing and on the basis of an adequate
administrative record. Nothing in this Term Sheet or the Development Agreement
shall be in denigration of the rights of third parties under applicable law.
13. RESPONSIBILITY FOR CEQA MITIGATION AND OTHER MITIGATION MEASURES
a. The Development Agreement will incorporate by reference all applicable FEIR
mitigation measures adopted for the Project in addition to the conditions of other
Project approvals.
14. COMMUNITY FACILITIES DISTRICT
a. As stated in section 12(a) above, the Developer will agree to the formation of one
or more community facilities districts as one of many sources of revenue to fund
infrastructure. The City agrees to bring forward the formation of one or more
community facilities district for Council consideration to finance public
infrastructure and/or public services. Such community facilities districts may
levy special taxes to fund public facilities, local infrastructure maintenance, and
City services to the Project so it does not negatively impact City service levels to
other residents and property owners.
b. Conditions, Covenants, and Restrictions (CC&R’s) applicable to real property
shall obligate a homeowner’s association, or other common-interest association,
to bear any and all obligations for funding local infrastructure maintenance and
support for City services if an applicable community facilities district is repealed
by initiative pursuant to article XIII C, section 3 of the California Constitution, or
repealed in any other manner other than voluntary rescission by the City Council.
Each portion of the project which includes infrastructure to be maintained by the
benefited properties shall be subject to CC&Rs sufficient to attain the objective of
this paragraph (b), although the parties recognize multiple homeowner or
property-owner associations may be created for portions or phases of the
development.
15. PHASING
a. The Development Agreement shall require Developer to construct certain
improvements in addition to those “in-tract” improvements required pursuant to
the subdivision map(s) for all six phases of the Project, per the phasing schedule
approved as part of the Specific Plan. Developer shall construct and convey to
City identified infrastructure and community facilities concurrently with
PC 1-171
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 8
180317.1
development of the discrete phases of the Project to be served by each
infrastructure element or community facility.
b. The Public Works and Community Development Directors may defer the deadline
for the Developer to construct and convey an infrastructure element or community
facility consistently with applicable Project mitigation measures, City policies and
the Development Agreement.
c. Notwithstanding the provisions of any phasing requirements in the Project
approvals, City and Developer recognize that economic and market conditions
may necessitate changing the order in which the infrastructure is constructed.
Therefore, City and Developer will agree that if it becomes necessary or desirable
to develop any portion of the Project's infrastructure in an order that differs from
the order set forth in the Project approvals, Developer may propose any such
modification request which the City will consider in good faith so long as the
modification continues to ensure adequate infrastructure is available to serve that
portion of the Project being developed subject to environmental analysis and any
other regulatory actions necessary to inform the public and decision makers of the
potential impacts of any deviations from the planned order set forth in Project
approvals. Developer acknowledges that such a modification of the project will be
subject to CEQA and may require an amendment of the Development Agreement
or other entitlements.
16. MORATORIUM
a. No City-imposed moratorium or other limitation (whether relating to the rate,
timing, or sequencing of the development or construction of all or any part of the
Project, whether imposed by ordinance, initiative, resolution, policy, order, or
otherwise, and whether enacted by the City Council, an agency of City, the
electorate, or otherwise) affecting parcel or subdivision maps (whether tentative,
vesting tentative, or final), building permits, occupancy certificates or other
entitlements to use or service (including, without limitation, water and sewer)
approved, issued, or granted within City, or portions of City, following the
approval of the Specific Plan, shall apply to the Project to the extent such
moratorium or other limitation is in conflict with the Development Agreement;
provided, however, the provisions of this Section shall not affect City’s
compliance with moratoria or other limitations mandated by other governmental
agencies or court-imposed moratoria or other limitations.
17. FORECE MEJEURE
a. Language shall be included in the Development Agreement which exempts the
City from any liability whatsoever in the event of force majeure.
18. SUBDIVISION MAPS
a. The term of any approved tentative subdivision map shall be extended through the
term of the Development Agreement and beyond the minimum term for such
maps under the Subdivision Map Act, City regulations, and other applicable law
and in the manner and subject to such notice as is required by such law.
Subsequent phased tentative and final maps shall be processed in accordance with
PC 1-172
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 9
180317.1
applicable law, including applicable City standards and regulations Amendments
to any approved subdivision maps shall not extend the term of the Development
Agreement.
19. SUBSEQUENT APPROVALS
a. Applications for approval of building and architectural plans shall include a final
package of materials, including a site plan identifying the building location, floor
plans, exterior materials and colors, vertical dimensions, hardscape and landscape
concepts, and fenestration in accordance with the requirements of the Specific
Plan. Any deviation from the requirements of the Specific Plan of these items
shall be subject to review and approval by the Architectural Review Commission
pursuant to adopted design standards and guidelines. Developer will incorporate
construction elements that reduce potable water and energy consumption, utilize
“state of the art” irrigation systems, and offer access to solar energy options
required by the applicable Building Code in effect at the time each building
permit is issued for development of the Project. Buildings shall incorporate non-
reflective roofing material and roof-mounted equipment to minimize glare
impacts on overflying aircraft.
b. City shall approve, consistently with applicable law, a Rough Grading Plan and
allow rough grading of the land subject to each final subdivision map before its
approval and recordation subject to conditions as determined by the Community
Development Director. A rough grading permit will comply with all applicable
approvals and be subject to regulations to ensure public health and safety.
Furthermore, issuance of a rough grading permit will be subject to the
Community Development Director’s determination that Developer is working
diligently and cooperatively to move the Project toward full permits and
construction.
c. Public and private parks will be subject to Parks and Recreation Commission
review and approval. Plans will include (at a minimum) landscape, irrigation,
hardscape, park furniture, and play equipment, along with proposed public art, all
consistent with applicable City regulations.
20. ASSIGNMENT AND TRANSFERS
a. Developer may transfer the Property (or portions of the Property) and the rights
and responsibilities of the Development Agreement in accordance with the
Subdivision Map Act and City standards and regulations. However, in
implementing such transfers, the Development Agreement may require the
original landowner to remain fully responsible for all Developer obligations under
the Development Agreement (e.g., construction of infrastructure and obligation
for public benefits), unless City is satisfied that the subsequent landowner has the
resources and experience to meet these obligations. Restrictions on transfer shall
not apply to a transfer by Developer to an affiliate of Developer.
21. ANNUAL REVIEW
a. The Community Development Director shall review compliance with the
Development Agreement at time intervals specified in the Development
Agreement, but not less than once every twelve months, as required by California
PC 1-173
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 10
180317.1
Government Code section 65865.1. The purpose of the review shall be to
determine whether the terms or conditions of the Development Agreement are
being met.
22. INDEMNIFICATION
a. The Development Agreement shall include an indemnification provision, in which
Developer agrees to defend, indemnify, save, and hold harmless City and its
elected and appointed boards, commissions, officers, agents, and employees from
any and all claims, costs, and liability for any damages, personal injury, or death,
which may arise, directly or indirectly, from Developer’s, or Developer’s
contractors’, subcontractors’, agents’, or employees’ operations under the
Development Agreement, whether such operations be performed by Developer or
by any of Developer’s contractors or subcontractors or by any one or more
persons directly or indirectly employed by or acting as agent for Developer or any
of Developer’s contractors or subcontractors.
23. VESTED RIGHTS
a. During the term of the Development Agreement, Developer shall have a vested
right to develop the Project as defined in the Project approvals in accordance with
the applicable rules, regulations, and policies identified in the Development
Agreement. City agrees not to take any actions, formal or informal, prior to
annexation that would negatively impact the existing entitlements on the Property.
If state or federal laws or regulations enacted after execution of the Development
Agreement prevent or preclude compliance with one or more provisions of the
Development Agreement, City will modify or suspend the Development
Agreement as required by California Government Code section 65869.5 only to
the extent necessary to comply with such laws or regulations. Subsequent City
ordinances, regulations, and requirements applicable to the Development
Agreement shall be governed by City Municipal Code section 17.94.160, and the
Development Agreement may be amended pursuant to City Municipal Code
section 17.94.190 and California Government Code section 65868.
24. EXTRAORDINARY PUBLIC BENEFITS
a. The Development Agreement shall identify and include extraordinary public
benefits, such as infrastructure improvements, public open space, or monetary
payments such as “in lieu” fees, in exchange for certainty related to Developer’s
entitlements and other considerations conferred by the Development Agreement.
Extraordinary public benefits are those that exceed the exactions that may be
required for development under City’s Subdivision Map Ordinance or other City
land use regulations.
b. Developer shall be required to share financial information with City and/or an
independent third party selected by the City as its representative if necessary for
City’s evaluation of the financial capacity of the Project and/or Developer to
provide the extraordinary public benefits referenced in the Development
Agreement. City shall maintain such data in confidence as permitted by California
Government Code section 6254, subdivisions (h), (i) & (n), and California
Government Code section 6255.
PC 1-174
Attachment 3
FINAL TERM SHEET SAN LUIS RANCH
071928\8719071v2 11
180317.1
25. LOCALLY ADOPTED REQUIREMENTS
a. The Development Agreement shall comply with City Municipal Code Chapter
17.94.
26. DEFAULT, CURE, AND REMEDIES
a. The Development Agreement will include standard terms specifying how either
City or Developer may enforce it; provided, however, that in no event shall City
be liable for damages for any breach of the Development Agreement. Developer’s
remedy against City for breach shall be limited to specific performance.
PC 1-175
Attachment 3