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HomeMy WebLinkAboutItem 06 - COUNCIL READING FILE_a_Mitigation Monitoring & Reporting ProgramMITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 1 MITIGATION MONITORING AND REPORTING PROGRAM The following Mitigation Monitoring and Reporting Program (MMRP) provides a summary of each mitigation measure for the proposed Avila Ranch Development Project and the monitoring implementation responsibility for each measure. The approved Development Plan is also referred to as the Mitigated Project Alternative (MPA) as described and analyzed in Section 5.4.2.2 of the Final EIR, rather than the originally proposed Project. The MMRP for the MPA will be in place through all phases of the Project, including design, construction, and operation. Note that for clarity, the original mitigation measures that applied to the proposed project are included in this document, but where they do not apply in part or in total to the MPA, portions are stricken as appropriate. RESPONSIBILITIES The City of San Luis Obispo (City) will act as the lead implementing agency and approve a program regarding reporting or monitoring for the implementation of approved mitigation measures for this Project to ensure that the adopted mitigation measures are implemented as defined in the Final Environmental Impact Report (EIR) for the Avila Ranch Development Project. For each MMRP activity, the Applicant will either administer the activity or delegate it to staff, consultants, or contractors. The Applicant will ensure that monitoring is documented as required and that deficiencies are promptly corrected. The designated environmental monitor depending on the provision specified below (e.g., City staff, environmental monitor, certified professionals, etc.) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The City or its designee(s) will ensure that each person delegated any duties or responsibilities is qualified to monitor compliance. MONITORING PROCEDURES Many of the monitoring procedures will be conducted during the construction phase of the Project. The City or its designee(s) and the environmental monitor(s) are responsible for integrating the mitigation monitoring procedures into the construction process in coordination with the Applicant. To oversee the monitoring procedures and to ensure success, the environmental monitor assigned to a monitoring action must be onsite during the applicable portion of construction that has the potential to create a significant environmental impact or other impact for which mitigation is required. The environmental monitor is responsible for ensuring that all procedures specified in the monitoring program are followed. MITIGATION MONITORING AND REPORTING PROGRAM 2 Avila Ranch Development Project MONITORING TABLE For each mitigation measure, Table 1 identifies 1) the full text of the mitigation; 2) plan requirements and applicable timing; 3) and how the action will be monitored and the agency responsible for verifying compliance. MITIGATION MONITORING AND REPORTING PROGRAM 3 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Aesthetics and Visual Resources MM VIS-3. The Applicant shall include the development of the entire landscape and open space buffer outside of the URL within Phase 1 of the construction period. Vegetation within the buffer would provide partial screening of ongoing construction. The Development Plan and landscape plan shall indicate installation of the entire open space buffer within Phase 1. The Applicant shall complete the installation of the open space buffer prior to the issuance of grading building permits for Phase 2. This mitigation has been incorporated into the MPA Project design. The City shall ensure compliance within the Development Plan and landscape plan. The City shall confirm this feature is incorporated within Project plans. Agricultural Resources MM AG-1. The Applicant shall establish an offsite agricultural conservation easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving agricultural land. While the City’s priority is that such agricultural land be acquired in the closest feasible proximity to the City, mitigation may be implemented using one of the following options: a. The Applicant shall ensure permanent protection of farmland of equal area and quality, which does not already have permanent protection, within the City of San Luis Obispo, consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify and purchase or place in a conservation easement a parcel of land of at least 71 acres of equal quality farmland or provide in-lieu fees to allow the City to complete such an acquisition. b. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within the City’s Sphere of Influence that is threatened by development of nonagricultural uses. The parcel shall be placed in an agricultural conservation easement (refer to Figure 2 in the Land Use Element for City Sphere of Influence). The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. c. In the event that no suitable land is available within the City limits or City’s Sphere of Influence, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within the City’s urban reserve or greenbelt that is threatened by development of nonagricultural uses. This parcel shall be placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. d. In the event that no suitable land for an agricultural conservation easement is available for purchase within the City limits, the City’s Sphere of Influence, or urban Notices, fees, and/or dedication of agricultural conservation easements shall be completed by the Applicant prior to the issuance of grading and building permits divided between Phases 1 and 2 of the Project based upon the acreage of prime soils impacted by each phase. The City shall ensure compliance with Policy LU 8.6.3(C) with the collection of mitigation fees or establishment of the agricultural easement. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM 4 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance reserve or greenbelt Planning Area, the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland, of equal quantity and quality, within County lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be threatened by the conversion to nonagricultural use. This parcel shall be placed in an agricultural conservation easement. The Applicant may also provide in-lieu fees to allow the City to complete such an acquisition. The Applicant sh all demonstrate that such land is as close in proximity to the City as feasible. MM AG-2a. To address potential agricultural land use conflicts, the Applicant shall coordinate with the City and County to fund installation of fencing and signs along Buckley Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas. Along the south side of Buckley Road, the use of three strand barbwire fencing would be acceptable. Along the north side of the Buckley Road extension bordering the Class I bike path, spit rail fencing shall be installed or other fencing acceptable to the County. The Applicant shall clearly identify all proposed measures such as fencing, landscaping, agricultural buffers, etc. within the Development Plan and VTM. The City Natural Resources Manager and planning staff, in coordination with the County, as needed, shall review the Development Plan and VTM to ensure that design includes installation of fencing and signs. The City Natural Resources Manager and planning staff shall also review the final landscape plan to ensure that the species mix, and density of proposed plantings would provide an adequate landscape buffer. The City shall review final development to ensure inclusion of appropriate buffers and should consult with County Agricultural Department staff to ensure the adequacy of agricultural buffers, and their consistency with the County Agricultural Buffer Policies and Procedures. Field inspections at appropriate Project phases shall confirm installation and compliance. Compliance Status: TBD MM AG-2b. To reduce the potential for noise, dust, and pesticide drift to affect future Project residents, the Applicant shall ensure that Project landscape plans include planting of a windrow of trees and shrubs along the proposed southern landscape berm and eastern The Applicant shall clearly identify all proposed measures such as fencing, landscaping, agricultural buffers, etc. within the Development Plan and VTM. The City Natural Resources Manager and planning staff shall review the final landscape plan to ensure that the species mix, and density of proposed MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 5 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Project site boundary at a sufficient density to buffer the site from surrounding agricultural operations. plantings would provide an adequate landscape buffer. Field inspections at appropriate Project phases shall confirm installation and compliance. Compliance Status: TBD MM AG-2c. To augment the existing 100-foot agricultural buffer to the Caltrans property to the west of the Project site, the Applicant shall add a 20-foot hedgerow/windrow of trees and vegetation along the east side of Vachell Lane. The Applicant shall clearly identify all proposed measures such as fencing, landscaping, agricultural buffers, etc. within the Development Plan and VTM. The City shall review final development to ensure inclusion of appropriate buffers and should consult with County Agricultural Department staff to ensure the adequacy of agricultural buffers, and their consistency with the County Agricultural Buffer Policies and Procedures. Field inspections at appropriate Project phases shall confirm installation and compliance. Compliance Status: TBD Air Quality and Greenhouse Gas Emissions MM AQ-1a. A Construction Activity Management Plan (CAMP) shall be included as part of Project grading and building plans and shall be submitted to the APCD and to the City for review and approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, 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 of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements: • A Dust Control Management Plan that encompasses the following dust control measures: • Reduce the amount of disturbed area where possible. • Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stockpile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds 1. The CAMP shall be submitted to the APCD and the City for review and approval prior to acceptance of final Development Plan and recordation of final VTM. 2. All required fugitive dust and emissions control measures shall be noted on all on grading and building plans and all construction activities shall adhere to measures throughout all grading, hauling, and construction activities. 3. The contractor or builder shall provide City monitoring staff and the APCD with name and contact information of onsite dust and emissions control monitor(s) who was approved prior to grading permit issuance for City staff shall ensure measures are depicted on the CAMP and all submitted grading and construction plans for each Project phase. The dust and emissions control monitor shall be responsible for compliance during construction activities. City grading and building inspectors shall spot check and ensure compliance onsite. APCD inspectors would be responsible for conducting periodic site visits to ensure compliance and respond to nuisance complaints. MITIGATION MONITORING AND REPORTING PROGRAM 6 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance exceed 15 miles per hour (mph). Reclaimed water or the onsite water well (non- potable) shall be used when possible. The contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of 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 should 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 native 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 APCD. • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • 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 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 should 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 t o monitor the fugitive dust control 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 holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork, or demolition. 2. Implementation of the following BACT for diesel-fueled construction equipment, where feasible. The BACT measures shall include: • Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines. each Project Phase. Monitor duties include a) assure compliance with all dust control requirements including those covering weekends and holidays, b) order watering, as necessary, to prevent transport of dust offsite, c) attend the pre-construction meeting. The dust control components apply from the beginning of any grading or construction until Final Building Inspection Clearance is issued, and landscaping is successfully installed. Compliance Status: CAMP completed in Feb 2019; verify compliance in field as needed. MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 7 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance • Repowering equipment with the cleanest engines available; and • Installing California Verified Diesel Emission Control Strategies. 3. Implementation of the following standard air quality measures to minimize diesel emissions: • Maintain all construction equipment in proper tune according to manufacturer’s specifications. • Fuel all off-road and portable diesel-powered equipment with CARB-certified motor vehicle diesel fuel (non-taxed version suitable for use off-road). • Use diesel construction equipment meeting CARB’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 CARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines and comply with the State On-Road Regulation. • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g., captive or NOx exempt area fleets) may be eligible by proving alternative compliance. • On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit. • Diesel idling within 1,000 feet of sensitive receptors in not permitted. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. • Electrify equipment when feasible. • Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, • Use alternatively fueled construction equipment onsite where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. 4. Tabulation of on- and off-road construction equipment (age, horsepower, and miles and/or hours of operation). 5. Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions. 6. Limit the length of the construction work-day period; and 7. Phase construction activities, if appropriate. MM AQ-1b. 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, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). The Applicant or builder shall consider additional ROG and NOx reduction measures shall be indicated on all building and construction plans submitted to City prior to the issuance of building permits for each Project Phase. City staff shall ensure measures are depicted on all submitted building and construction plans. MITIGATION MONITORING AND REPORTING PROGRAM 8 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance measures to reduce daily and quarterly ROG and NOx levels related to architectural coatings, such as extending coating applications by limiting daily coating activities. City building inspectors shall ensure compliance. MM AQ-1c. In order to further reduce Project air quality impacts, an offsite mitigation strategy shall be developed and agreed upon by the developer, City, and APCD at least three months prior to the issuance of grading permits, including added funding for circulation improvements and transit operations. Such funding may be in the form of cash payment or included as part of the obligation of the Community Facilities District. The Applicant shall provide this funding at least two months prior to the start of construction to help facilitate emission offsets that are as real-time as possible. Offsite mitigation strategies shall include one or more of the following: • Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit buses. • Purchase VDECs for transit buses; and • Fund expansion of existing SLORTA transit services. 1. The Applicant shall prepare and submit the offsite mitigation strategy to the APCD for review and to the City for approval at least three months prior to the issuance of grading permits for Phase 1 construction. 2. The Applicant shall provide funding to the APCD at least two months prior to the start of construction. The APCD and City staff shall ensure offsite mitigation measures are appropriate. The APCD shall ensure the receipt of funding. Compliance Status: TBD MM AQ-2a. The Applicant shall include the following: • Water Conservation Strategy: The Applicant shall install fixtures with the EPA Water Sense Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA Water Sense Label, achieving 15 percent reduction in outdoor landscaping. • Solid Waste: The Applicant shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal and use waste efficient landscaping. • Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. • Energy Conservation Strategy: The Applicant shall install additional solar and alternative energy features (e.g., solar panels on commercial buildings; solar canopies over commercial parking areas). The Applicant shall indicate the above measures on the Development Plan and building plans prior to acceptance of the final Development Plan and recordation of the VTM. City staff shall ensure measures are indicated on plans. City building inspectors shall ensure compliance after completion of each Phase. Compliance Status: TBD MM AQ-2b. Consistent with standard mitigation measures set forth by the APCD, Projects generating more than 50 lbs./day of combined ROG + NOx or PM10 shall implement all feasible measures within Table 3-5 of the Air Quality Handbook. The Applicant shall include the mitigation measures in Table 3-5 of the 2012 SLO County APCD CEQA Air Quality Handbook, as indicated in the column “Describe How Project Will Include This Measure” in Table 3.3-9, above. All feasible standard mitigation measures shall be included as part of the Project prior to acceptance of the final Development Plan and recordation of the final VTM. City staff 1. City staff shall ensure measures are on plans. City staff shall work with the Applicant to ensure that these strategies are implemented. 2. APCD inspectors or other City-approved compliance monitors shall conduct periodic site visits to ensure compliance MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 9 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance shall ensure the above measures are incorporated into the development plan and building plans prior to permit issuance. and respond to nuisance complaints. Compliance Status: TBD Biological Resources MM BIO-1a. The Applicant shall prepare and implement a Biological Mitigation Plan that identifies construction-related staging and maintenance areas and includes Project-specific construction best management practices (BMPs) to avoid or minimize impacts to biological resources, including all measures needed to protect riparian woodland along Tank Farm Creek, minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be limited to) the following: 1) Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be performed in a designated offsite vehicle storage and maintenance area. 2) Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek, and shall be maintained throughout the construction period for each phase of development. 3) In the event that construction must occur within the creek or 20-foot 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. 4) Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever is sooner) 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 creek banks. 5) Construction equipment shall be inspected at the beginning of each workday to ensure that no wildlife species is residing within any construction equipment (e.g., species have not climbed into wheel wells, engine compartments, or under tracks since the equipment was last parked). Any sensitive wildlife species found during inspections shall be gently encouraged to leave the Project sit e by a qualified biologist or otherwise trained and City-approved personnel. 6) 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). 7) All trash and construction debris shall be picked up and properly disposed at the end of each day and waste dumpsters shall be covered with plastic sheeting at the end of The Biological Mitigation Plan shall be submitted for review and approval by the City prior to acceptance of the final Development Plan and recordation of the final VTM. The plan shall be designed to address all construction-related activities during all phases of development until all disturbed areas are permanently stabilized. 1. The City shall review and approve the Biological Mitigation Plan to ensure that all BMPs and appropriate mitigation measures have been included. The City shall review the construction plans for each phase of development to ensure consistency with the Biological Mitigation Plan. 2. City staff shall periodically inspect the Project site during major grading and construction within or adjacent to Tank Farm Creek. Compliance Status: Mitigation Plan completed in Jan 2019; subject to field verification when grading and construction occur MITIGATION MONITORING AND REPORTING PROGRAM 10 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance each workday and during storm events. All sheeting shall be carefully secured to withstand weather conditions. 8) The Applicant shall implement erosion control measures designed to minimize erosion and retain sediment on the Project site. Such measures shall include installation of silt fencing, straw waddles, or other acceptable erosion control devices along the perimeter of Tank Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to sediment basins designed to retain all sediment onsite. 9) Concrete truck and tool washout should occur in a designated location such that no runoff will reach the creek. 10) All open trenches shall be constructed with appropriate exit ramps to allow species that incidentally fall into a trench to escape. All open trenches shall be inspected at the beginning of each workday to ensure that no wildlife species is present. Any sensitive wildlife species found during inspections shall be gently encouraged to leave the Project site by a qualified biologist or otherwise trained and City -approved personnel. Trenches will remain open for the shortest period necessary to complete required work. 11) Existing facilities and disturbed areas shall be used to the maximum extent possible to minimize the amount of disturbance of undeveloped areas and all construction access roads and staging areas shall be located to avoid high quality habitat and minimize habitat fragmentation. MM BIO-1b. The Applicant shall retain a qualified Environmental Monitor, subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS to oversee compliance of the construction activities with the Biological Monitoring Plan and applicable laws, regulations, and policies. The Environmental Monitor shall monitor all construction activities, conduct a biological resources education program f or all construction workers prior to the initiation of any clearing or construction activities, and provide quarterly reports to the City regarding construction activities, enforcement issues and remedial measures. The Environmental Monitor shall be responsible for conducting inspections of the work area each workday to ensure that excavation areas, restored habitats, and open water habitats in the area do not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk is identified, the Environmental Monitor shall implement measures that could include, but are not limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk. In addition, a CDFW-approved biologist shall be present during all construction occurring within 50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The biologist shall also conduct sensitive species surveys immediately prior to construction activities (within the appropriate season) and shall monitor construction activities in the vicinity of habitats to be avoided (see also, MM BIO-3 and all subparts below). The work area boundaries and other off-limit areas shall be identified by the biologist and/or Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall The City shall select a qualified Environmental Monitor and a CDFW- approved qualified biologist prior to issuance of grading and building permits for each phase of construction. The Environmental Monitor and CDFW-approved qualified biologist shall be present onsite to monitor construction activities. The Environmental Monitor shall monitor all grading and construction, conduct regular site inspections, and is responsible for compliance of the construction and the above BMPs within MM BIO-1a. During construction, the Environmental Monitor shall submit quarterly monitoring reports to the City to ensure compliance with the Biological Mitigation Plan and applicable laws, regulations, and policies. The qualified biologist shall be onsite during all construction within 50 feet of sensitive creek and riparian habitat areas. Compliance Status: MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 11 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance inspect construction and sediment control fencing each workday during construction activities to ensure that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be monitored by the biologist and/or Environmental Monitor. Monitor approved; field verification TBD MM BIO-2a. Project designs shall be modified to realign the Tank Farm Class I bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a 35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian ha bitat, whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank, whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning Regulations. The Applicant shall revise the proposed Project to move the location of the Tank Farm Class I bicycle path and manufactured slopes to be outside the City-approved creek setback. The revised Development Plan and VTM shall clearly indicate the 35-foot creek setback line from the top of the bank or riparian edge, whichever is further. The Applicant shall clearly delineate any portions of development within the 35-foot creek setback. In addition, the Applicant shall submit creek cross sections along various locations of Tank Farm Creek that demonstrate compliance. The City shall review and approve these modifications prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall ensure compliance the specific creek setbacks through review and approval of the final VTM, grading plan, and final Development Plan, along with monitoring reports prepared as part of MM BIO-1b. Compliance Status: Ongoing; subject to review MM BIO-2b. The Biological Mitigation Plan shall provide details on timing and implementation of required habitat restoration and shall be prepared in consultation with the City’s Natural Resource Manager and CDFW. A copy of the final plan shall be submi tted to the City for review and approval. The plan shall be implemented by the Project Applicant, under supervision by the City and Environmental Monitor, and: 1) Characterize the type, species composition, spatial extent, and ecological functions and values of the wetland and riparian habitat that will be removed, lost, or damaged. 2) Describe the approach that will be used to replace the wetland and riparian habitat removed, lost, or adversely impacted by the Project, including a list of the soil, plants, and other materials that will be necessary for successful habitat replacement, and a description of planting methods, location, spacing, erosion protection, and irrigation measures that will be needed. Restoration and habitat enhancement shall include use of appropriate native species and correction of bank stabilization issues. Wetland restoration or enhancement areas shall be designed to facilitate establishment of wetland plants such as willows, cottonwoods, rushes, and creeping wild rye. 3) Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be planted, consistent with MM BIO-2c through 2e below and the findings in the Biological Report (Appendix I). The Biological Mitigation Plan shall specify the location, timing, species composition, and maintenance of all habitat restoration and enhancement efforts. Completed pre- construction species surveys shall be submitted to the City within 10 days of completion. Construction work shall not commence until after the completion of surveys and approval of the Biological Mitigation Plan. Any required permits shall be obtained from the state and federal agencies prior to the issuance of grading or building permits. The Biological Mitigation Plan shall be prepared by the Applicant and submitted to the City for approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall: 1. Review and approve the Biological Mitigation Plan. 2.Review construction plans for each phase of development to ensure consistency with the Biological Mitigation Plan. 3. Select a qualified biologist prior to issuance of all grading and building permits. 4. Review findings of the surveys submitted with quarterly construction reports. 5. Ensure compliance with Sections 3505 and 3503.1 of the Fish and Game Code of California. After the completion of each phase, the qualified biologist shall inspect the site as follows: MITIGATION MONITORING AND REPORTING PROGRAM 12 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 4) Describe the program that will be used for monitoring the effectiveness and success of the habitat replacement approach. 5) Describe how the habitat replacement approach will be supplemented or modified if the monitoring program indicates that the current approach is not effective or successful. 6) Describe the criteria that will be used to evaluate the effectiveness and success of the habitat replacement approach. 7) Indicate the timing and schedule for the planting of replacement habitat. 8) Habitat restoration or enhancement areas shall be established within the Project boundaries, adjacent to and contiguous with existing wetlands to the maximum extent possible. Habitats suitable for Congdon’s tar plant and other native wetland species shall be created onsite. If Congdon’s tar plant is found in areas proposed for disturbance, the affected individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area. A management plan for the species shall be developed consistent with applicable scientific literature pertinent to this species. 9) Habitat restoration or enhancement sites shall be placed within deed -restricted area(s) and shall be maintained and monitored for a minimum of five years. If sufficient onsite mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the Biological Mitigation Plan and approved by permitting agencies. 10) The Biological Mitigation Plan shall identify appropriate restoration and enhancement activities to compensate for impacts to seasonal creek, wetland, and riparian habitat, including a detailed planting plan and maintenance plans using locally obtained native species and include habitat enhancement to support native wildlife and plant species. 11) A weed management plan and weed identification list shall be included in the Biological Mitigation Plan. 12) Habitat restoration or enhancement areas shall be maintained weekly for the first three years after Phase completion and quarterly thereafter. Maintenance shall include eradication of noxious weeds found on California Department of Food and Agriculture Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise managed. 13) Mitigation implementation and success shall be monitored quarterly for the first two years after completion of each Phase, semi-annually during the third year, and annually the fourth and fifth years. Annual reports documenting site inspections and site recovery status shall be prepared and sent to the County and appropriate agencies. quarterly for the first two years, semi-annually during the third year, and annually for the fourth and fifth years. Annual reports demonstrating compliance with the Biological Mitigation Plan and any needed corrective actions shall be submitted to the City for five years after completion of each phase. Qualified biologist and/or Environmental Monitor shall monitor for compliance during ongoing construction. Compliance Status: Mitigation Plan approved; subject to field verification when grading and construction occur MM BIO-2c. Within the required Biological Mitigation Plan, all temporary and permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows: The Biological Mitigation Plan shall demonstrate compliance with mitigation The City shall ensure compliance with requirements MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 13 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance 1) Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1 mitigation ratio for restoration (area of restored habitat to impacted habitat). 2) Permanent impacts to state jurisdictional areas, including isolated wetlands within agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and enhanced habitat to impacted habitat). 3) Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted habitat). 4) 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 measured at 24 inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated at a 3:1 ratio to ensure no net loss of acreage and individual plants. 5) Replacement trees shall 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. Replacement plants shall be monitored for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering shall not be provided during the final two years of monitoring. ratios and be submitted to the City for approval prior to acceptance of the final Development Plan and recordation of the final VTM. Tree and vegetation replacement shall occur within the same construction phase as tree and vegetation removal. for the Biological Mitigation Plan. The Environmental Monitor shall ensure compliance during restoration activities. Compliance Status: Mitigation Plan approved; subject to field verification when grading and construction occur MM BIO-2d. Project design shall be modified to preserve at a minimum the southern 275 feet of the North-South Creek Segment to protect all existing mature riparian woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows from areas to the north to this channel. Applicant shall revise Development Plan and VTM to preserve a minimum of 275 feet of the North-South Creek Segment along its southern reach. Revised plans shall be submitted and approved by the City prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review and ensure compliance of protection and restoration measures within the required Biological Mitigation Plan. Compliance Status: Mitigation Plan approved; compliance TBD MM BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist soil and maintained in a moist condition during construction operations. Biological Mitigation Plan shall demonstrate compliance and be submitted to the City for approval prior to acceptance of the final Development Plan and recordation of the final VTM. The Environmental Monitor shall ensure compliance with the Biological Mitigation Plan during restoration activities. Compliance Status: MITIGATION MONITORING AND REPORTING PROGRAM 14 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Mitigation Plan approved; compliance subject to field verification MM BIO-2f. The reconstructed portion of Tank Farm Creek shall be engineered to provide similar characteristics to the existing creek channel and banks, including sinuosity, gradient, and channel capacity. The reconstructed stream channel shall be vegetated with appro priate riparian tree and shrub species and monitored as part of the required Biological Mitigation Plan. The Biological Mitigation Plan shall demonstrate compliance and be submitted to the City for review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. This mitigation does not apply to the MPA. The City shall ensure compliance with the requirements of the Biological Mitigation Plan. The Environmental Monitor shall also ensure compliance with during restoration activities. Compliance shall also be demonstrated within the Biological Mitigation Plan annual report for Phase 3 submitted to the City. MM BIO-2g. A post-construction landscape and restoration report for each phase shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to document the final grading, plantings, and habitat restoration activities. The report shall include as-built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The as-built plans shall be prepared by landscape and grading contractors responsible for realignment and restoration within Tank Farm Creek. The Applicant shall submit to all post- construction landscape and restoration reports within 60 days of final installation of plant materials for each phase. The City shall review post- construction landscape and restoration reports and ensure compliance prior to approval of grading and building permits for each new phase of construction. Environmental Monitor shall ensure compliance with approved Biological Mitigation Plan for all restoration activities. Compliance Status: TBD MM BIO-2h. Project activities within Tank Farm Creek and drainage channels, including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream and downstream including channel width, gradient, and vegetation. Compliance with the City Drainage Manual Standards shall be demonstrated within the final Development Plan and grading plans for each phase and be subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall be notified at least 10 business days in advance of any work to be performed within the creek or drainage channels. The City shall ensure compliance with standards on the final Development Plan and VTM. The Environmental Monitor shall monitor activities within the creek and drainage channels. Compliance Status: MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 15 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance TBD MM BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix shall contain a minimum of three locally native grass species and may contain one or two sterile non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be completed no later than November 15 of the year in which Project activities occurred. All exposed areas where seeding is considered unsuccessful after 90 days shall receive a second application or seeding, straw, or mulch as soon as is practical to reduce erosion. Seeding shall be completed no later than November 15 of the year in which Project activities occurred. The Environmental Monitor shall monitor hydroseeding activities for compliance. Compliance shall be demonstrated within the quarterly reports for construction activities (refer to MM BIO-1a and 1b). Compliance Status: TBD MM BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek crossings shall be placed outside mapped riparian areas and outside the top of the bank of the channel invert. The Class I bridges shall be located within areas that have little to no riparian vegetation. No construction activities or equipment shall occur in the stream channel. The placement of the bridge and footings shall be indicated on the Development Plan, VTM, and Biological Mitigation Plan, and shall show the bridges’ placement in re lation to existing vegetation and the creek channel and banks. The Applicant shall demonstrate compliance with Development Plan, VTM, and Biological Mitigation Plan subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review the Biological Mitigation Plan, final Development Plan and final VTM to ensure compliance. Compliance Status: TBD MM BIO-3a. The City-approved qualified biologist shall conduct training to all construction personnel to familiarize construction crews with sensitive species that have the potential to occur within the Project site. This may include but is not limited to California red-legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon’s tar plant. The educational program shall include a description what constitutes take, penalties for take, and the guidelines that would be followed by all construction personnel to avoid take of species during construction activities. Descri ptions of the California red-legged frog and its habits, Congdon’s tar plant, nesting and migratory birds that may be encountered, and all other sensitive species that have a potential to occur within the vicinity of Project construction shall be provided. The construction crew foreman shall be responsible for ensuring that crew members comply with the guidelines and that all new personnel receive the training before partaking in construction activities. All construction personnel shall complete special status species training prior to partaking in any Project-related activities, and again prior to the commencement of each Project phase. Ongoing weekly “tail- gate” trainings shall occur during construction activities performed within 50 feet of creek, wetland, and riparian areas. The construction foreman shall demonstrate compliance and completion of training with training logs. The City- approved qualified biologist shall verify completion of training. Training logs shall be submitted to the City along with quarterly reports during construction (refer to MM BIO- 1a). Compliance Status: TBD MM BIO-3b. The Biological Mitigation Plan shall address wildlife and special status species movement as follows: 1. The Biological Mitigation Plan shall include a management plan for migrating and The City shall: 1.Ensure compliance on the Biological MITIGATION MONITORING AND REPORTING PROGRAM 16 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance • Migratory and Nesting Bird Management. Grading and construction activities shall avoid the breeding season (typically assumed to be from February 15 to August 15) to the extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland habitat. If Project activities must be conducted during this period, pre- construction nesting bird surveys shall take place within one week of habitat disturbance associated with each phase, and if active nests are located, the following shall be implemented: o Construction activities within 50 feet of active nests shall be restricted until chicks have fledged, unless the nest belongs to a raptor, in which case a 200 -foot activity restriction buffer shall be observed. o A pre-construction survey report shall be submitted to the City immediately upon completion of the survey. The report shall detail appropriate fencing or flagging of the buffer zone and make recommendations on additional monitoring requirements. A map of the Project site and nest locations shall be included with the report. o The Project biologist conducting the nesting survey shall have the authority to reduce or increase the recommended buffer depending upon site conditions and the species involved. A report of findings and recommendations for bird protection shall be submitted to the City prior to vegetation removal. • Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at- breast-height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to determine if any tree proposed for removal or trimming harbors sensitive bat species or maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost is found, the qualified biologist 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 shall have similar cavities or crevices to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. If a bat colony is excluded from the Project site, appropriate alternate bat habitat shall be installed in the Project site. To the extent practicable, alternate bat house installation shall be installed near the onsite drainage. • Congdon’s Tar plant Management. Prior to initiation of construction, the Applicant shall fund a site survey for Congdon’s tar plant, and: o If Congdon’s tar plant is found in areas proposed for building, the affected individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area. o A mitigation and monitoring plan for the species shall be developed consistent with applicable scientific literature pertinent to this species. The plan shall provide for the annual success over an area of at least 1,330 square feet with approximately 500-750 individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s tar plant to a less than significant level. nesting birds, bat colonies, Congdon’s tar plant, and sensitive species and shall be submitted for review and approval by the City prior to acceptance of final Development Plan and recordation of the final VTM. 2. Construction shall be conducted between August 16 and February 14 unless pre- construction surveys are completed. Completed pre-construction species surveys (i.e., nesting, bat surveys, etc.) shall be submitted to the City within 10 days of completion. Construction work shall not commence until after the completion of surveys. 3. Required permits shall be obtained from state and federal agencies prior to issuance of grading or building permits. Mitigation Plan. The City shall review findings of the surveys submitted with quarterly construction reports 2.Ensure compliance with Sections 3505 and 3503.1 of the Fish and Game Code of California. 3. The qualified biologist and/or Environmental Monitor shall monitor for compliance during ongoing construction. Compliance Status: Mitigation Plan approved; compliance subject to field verification as construction occurs MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 17 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance o The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein wetland sites shall be created and Congdon’s tar plant seeds from the site shall be reintroduced. • Sensitive Species Management. Injury or mortality to the California red-legged frog, western pond turtle, and steelhead shall be avoided. The plan shall include the following measures: pre-Project surveys; worker awareness; cessation of work in occupied areas; relocation (if necessary) of frogs, turtles, and steelhead from the work area by a professional biologist authorized by the USFWS and/or CDFW; and monitoring by a qualified biologist during construction. Necessary permits shall be obtained from the state (CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any other sensitive species observed during the pre -construction surveys shall be relocated out of harm’s way by the qualified biologist into the nearest suitable habitat as determined in consultation with the jurisdictional resource agency outside the disturbance area. MM BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek, drainages, and seasonal wetlands, the Project site shall be surveyed for California red-legged frogs by a qualified biologist. If any California red-legged frogs are found, work within 25 linear feet in any direction of the frog shall not start until the frog has been moved from the area. The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological Opinion from the USFWS and any additional authorization required by other regulatory agencies prior to the commencement of work. The USFWS -qualified biologist, Environmental Monitor, or USFWS personnel may determine that frog -exclusion fencing is necessary to prevent overland movement of frogs if co ncerns arise that frogs could enter construction areas. Frog-exclusion fencing should contain no gaps and must extend at least 18 inches above ground; fences may be opened during periods of no construction (e.g., weekends) to prevent entrapment. No construction activities within 50 feet of frog habitat shall occur prior to California red-legged frog surveys. Completed surveys shall be submitted to City along with quarterly construction reports. The City shall review findings of the surveys submitted with quarterly construction reports. Biologist shall ensure compliance during ongoing construction activities and with USFWS recommended actions. Compliance Status: TBD MM BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed for western pond turtles by a qualified biologist. If any western pond turtles are found, work shall cease until the turtle is relocated to the nearest suitable habit at. The qualified biologist shall monitor all groundbreaking work conducted within 50 feet of western pond turtle habitat. The City-approved biologist Environmental Monitor may determine that silt fencing shall be installed adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland movement could allow them to access construction areas. No construction activities within 50 feet of frog habitat shall occur prior to the completion of western pond turtle surveys. Completed surveys shall be submitted to City along with quarterly construction reports. The City shall review findings of the surveys submitted with quarterly construction reports demonstrating compliance. The biologist and/or Environmental Monitor shall ensure compliance during ongoing construction activities and with USFWS recommended actions. MM BIO-3e. Construction of the realigned portion of Tank Farm Creek, including planting of riparian vegetation, watering, and bank stabilization, shall be conducted prior to removal of the North-South Creek Segment to provide a fully connected wildlife movement area through Tank Farm Creek throughout the construction period. Project phasing shall be adjusted as needed to accommodate this sequence of construction activities. The Applicant shall demonstrate phasing and creek restoration within the Development Plan, VTM and Biological Mitigation Plan. Applicant shall submit to the City for review and approval prior to acceptance of the final Development Plan and recordation of the The City shall review the Biological Mitigation Plan, Development Plan, and VTM for compliance. The Environmental Monitor shall monitor creek realignment and MITIGATION MONITORING AND REPORTING PROGRAM 18 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance final VTM. This measure would not apply to the MPA. the removal of North-South Creek Segment for compliance. MM BIO-4. The required Biological Mitigation Plan shall address bat colonies for the Buckley Road Extension site. Bat surveys shall be conducted in buildings proposed for demolition. If surveys determine bats are present, bat exclusion devices shall be installed between August and November and building demolition would occur between November and March. If demolition of structures must occur during the bat breeding season, buildings must be inspected and deemed clear of bat colonies/roosts within seven days of demolition and an appropriately trained and approved biologist must conduct a daily site-clearance during demolition. If bats are roosting in a structure in the Project site during the daytime but are not part of an active maternity colony, then exclusion measures must include one -way valves that allow bats to get out but are designed so that the bats may not re-enter the structure. A bat colony management plan shall be submitted for review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. Completed bat surveys shall be submitted within 10 days of completion. Construction work shall not commence until completion of surveys or relocation of any non-maternal bat colonies. Exclusion measures shall be installed prior to initiation of construction of Phase 2. The City shall review findings of the bat surveys submitted with quarterly construction reports the qualified biologist and/or Environmental Monitor shall monitor for compliance during ongoing construction. Compliance Status: Mitigation Plan completed; field monitor as necessary MM BIO-5a. All exterior building lights facing Tank Farm Creek shall be hooded to prevent light spillover into the creek; all residential streetlights over 10 feet in height shall be setback a minimum of 100 feet from the top of the creek bank and hooded and/or directed away from the creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low voltage and hooded downward. Artificial light levels within 20 feet of the top of the creek bank shall not exceed 1-foot candle or the lowest level of illumination found to be feasible by the City. This mitigation measure shall be incorporated appropriately and subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review the final Development Plan, Biological Mitigation Plan, and lighting plan to ensure compliance. Compliance Status: TBD MM BIO-5b. Tank Farm Creek restoration/enhancement plantings shall include native vegetation, such as oaks, cottonwoods, willows, and sycamores along the entire length of the Project’s creek frontage in order to minimize light spillover into the creek. Measure shall be incorporated as part of the Biological Mitigation Plan to subject to City review and approval prior to acceptance of the final Development Plan and recordation of the final VTM. The City shall review the final Development Plan, landscape plans and restoration plan to ensure compliance. Compliance Status: TBD MM BIO-6. All work within 100 feet of Tank Farm Creek, including work within the creek setback, shall occur outside the rainy season (April 15 to October 15, unless approved otherwise by the RWQCB), during periods when the creek channel is dry and water fl ows are absent. This measure shall be included within the Biological Mitigation Plan and subject to City review and approval prior to acceptance of the Final Development Plan and recordation of the final VTM. During construction, quarterly documentation demonstrating compliance shall be submitted to the City. The City shall review and approve the Biological Mitigation Plan to ensure this issue is addressed and prior to the onset of construction for each phase. The City shall ensure compliance in detailed grading and construction plans. The onsite Environmental Monitor shall ensure that construction within 100 feet of MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 19 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance the creek is halted during a wet weather event. Compliance Status: TBD Cultural Resources MM CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall occur prior to the start of construction to seek buried features and additional diagnostic artifact s. The Applicant shall retain a Registered Professional Archaeologist familiar with the types of historic and prehistoric resources that could be encountered within the Project site and a Native American monitor to supervise the controlled grading, which shall occur in 10- centimeter lifts to culturally sterile sediments or maximum construction depth (whichever is reached first). • Any formed tools exposed during grading shall be collected. If archaeological features are exposed (including but not limited to hearths, storage pits, midden deposits, or structural remains), the archaeologist shall temporarily redirect grading to another area so the features can be exposed, recorded, and sampled according to standard archaeological procedures. Organic remains shall be dated using the radiocarbon method and the geochemical source and hydration rim thickness of any obsidian shall be determined. Technical analyses of plant remain, bone and shell dietary debris, and other important materials shall also be performed. • Artifacts, features, and other materials recovered through this process shall be described, illustrated, and analyzed fully in a technical report of findings; the analysis shall include comparative research with other sites of similar age. In addition to the technical report, the findings from this research shall be published in an appropriate scientific journal. The Applicant shall fund all technical reporting and subsequent publication. Controlled grading shall occur prior to other earthwork, grading, and ground disturbing activities in Phase 5. Phase 5 grading plans shall reflect controlled grading methods within the plan notes. Technical analysis and reporting shall be completed within 18 months following completion of controlled grading. The City shall ensure the grading plans for Phase 5 development reflect a controlled grading approach. The Project archaeologist and Native American monitor shall ensure compliance during construction. Compliance Status: TBD MM CR-2b. Following completion of controlled grading of CA-SLO-2798/H, the Applicant shall retain a Registered Professional Archaeologist and a Native American consultant to monitor all further earth disturbances within Phase 5 to ensure that previously unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the event archaeological remains are encountered during grading or other earth dist urbance, work in the vicinity shall be stopped immediately and redirected to another location until the Project archaeologist evaluates the significance of the find pursuant to City Archaeological Resource Preservation Program Guidelines. If remains are found to be significant, they shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of building and grading permits for Phase 5 of the Project, the Applicant shall submit to the City a contract or Letter of Commitment with the Registered Professional Archaeologist. The City shall review and approve the selected archaeologist to ensure they meet appropriate professional qualification standards. City permit compliance staff shall confirm monitoring by archaeologist and tribal representative and City grading inspectors shall spot check field work. The Native American monitor and/or Project archaeologist shall ensure actions are consistent with mitigation measure and MITIGATION MONITORING AND REPORTING PROGRAM 20 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance implemented in the event of any inadvertent discovery. MM CR-3a. Prior to the issuance of building and grading permits for Phase 1, the Applicant shall retain a City-approved Registered Professional Archaeologist and a Native American monitor to be present during all ground disturbing activities within the Project site and Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-period archaeological resources during construction, all work within 50 feet of the discovery shall immediately cease (or greater or lesser distance as needed to protect the discovery and determined in the field by the Project archaeologist). The Applicant shall immediately notify the City of San Luis Obispo Community Development Department. The Project archaeologist shall evaluate the signif icance of the discovery pursuant to City Archaeological Resource Preservation Program Guidelines prior to resuming any activities that could impact the site/discovery. If the Project archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant. Work shall not resume until authorization is received from the City. The conditions for monitoring and treatment of discoveries shall be printed on all building and grading plans. Prior to issuance of building and grading permits for each Phase of the Project, the Applicant shall submit to the City a contract or Letter of Commitment with the Registered Professional Archaeologist. The City shall review and approve the selected archaeologist to ensure they meet appropriate professional qualification standards. City permit compliance staff shall confirm monitoring by archaeologist and tribal representative and City grading inspectors shall spot check field work. The Native American monitor and/or Project archaeologist shall ensure actions are consistent with mitigation measure and implemented in the event of any inadvertent discovery. Compliance Status: TBD MM CR-3b. Prior to construction, workers shall receive education regarding the recognition of possible buried cultural remains and protection of all cultural resources, including prehistoric and historic resources, during construction. Such training shall provide construction personnel with direction regarding the procedures to be followed in the unlikely event that previously unidentified archaeological materials, including Native American burials, are discovered during construction. Training would also inform construction personnel that exclusion zones must be avoided, and that unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The training shall be prepared by the Project archaeologist and shall provide a description of the cultural resources that may be encountered in the Project site, outline steps to follow in the event that a discovery is made, and provide contact information for the Project archaeologist, Native American monitor, and appropriate City personnel. The training shall be conducted concurrent with other environmental or safety awareness and education programs for the Project, provided that the program elements pertaining to archaeological resources is provided by a qualified instructor meeting applicable professional qualifications standards. Prior to earthwork activities for each phase, construction workers shall participate in an educational program that will enable them to recognize and report possible buried cultural remains and protect all cultural resources, including prehistoric and historic resources. The educational program shall be outlined within the archaeological testing and mitigation program and submitted to the City for approval prior to issuance of grading permits for each phase. The Project archaeologist shall verify the training has been completed by all construction workers and shall ensure construction workers follow cultural resource recovery protocols. Compliance Status: TBD Geological Resources MM GEO-1. Design and construction of the buildings, roadway infrastructure and all subgrades shall be engineered to withstand the expected ground acceleration that may occur at the Project site. The design shall take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available. All onsite structures shall comply with applicable provisions of the 2010 California Building Code (CBC), local codes, and the most recent California Department of Transportation seismic design standards. The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 21 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: TBD MM GEO-2. For commercial 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. Applicant shall indicate this measure on Project plans. City building inspectors shall ensure compliance. Compliance Status: TBD MM GEO-3. A geotechnical study shall be prepared for the Project site prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials according to the most current liquefaction analysis procedures. If the Project site is confirmed to be in an area prone to seismically induced liquefaction, appropriate techniques to minimize liquefaction potenti al shall be prescribed and implemented. All onsite structures, transportation infrastructure, and subgrades shall comply with applicable methods of State and Local Building Codes and all transportation infrastructures shall comply with the most current California Department of Transportation design standards. Suitable measures to reduce liquefaction impacts could include one or more of the following techniques, as determined by a registered geotechnical engineer: • Specialized design of foundations by a structural engineer. • Removal or treatment of liquefiable soils to reduce the potential for liquefaction. • Drainage to lower the groundwater table to below the level of liquefiable soil. • In-situ densification of soils or other alterations to the ground characteristics; or • Other alterations to the ground characteristics. The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: TBD MM GEO-4. The Site Geotechnical Investigation shall include an evaluation of the potential for soil settlement beneath the Project site. If the Project site is identified to be in a high The final recommendations shall be approved by the City Geotechnical Engineer The Applicant shall retain a geotechnical engineer and an MITIGATION MONITORING AND REPORTING PROGRAM 22 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance potential for settlement zone based on the Site Geotechnical Investig ation, the building foundations, transportation infrastructure, and subgrades shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the conditions. Suitable measures to reduce settlement impacts could include one or more of the following techniques, as determined by a qualified geotechnical engineer: • Excavation and recompact ion of onsite or imported soils. • Treatment of existing soils by mixing a chemical grout into the soils prior to recompact ion; or Foundation design that can accommodate certain amounts of differential settlement such as post tensional slab and/or ribbed foundations designed in accordance with the CBC. prior to construction activities. Recommendations shall be included on grading plans. engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: TBD MM GEO-5. The Site Geotechnical Investigation shall include an evaluation of the potential for soil expansion beneath the Project site. If the Project site is identified to be in a high expansive soil zone based on the Site Geotechnical Investigation, the foundations and transportation infrastructure shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the conditions. Suitable measures to reduce impacts from expansive soils could include one or more of the following techniques, as determined by a qualified geotechnical engineer: • Excavation of existing soils and importation of non-expansive soils; and Foundation design to accommodate certain amounts of differential expansion such as post tensional slab and/or ribbed foundations designed in accordance with the CBC. The final recommendations shall be approved by the City Geotechnical Engineer prior to construction activities. Recommendations shall be included on grading plans. The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: TBD MM GEO-6. The Site Geotechnical Investigation shall include soil parameter analyses to determine the potential for subsidence at the Project site. If the potential for subsidence is found to be significant, then structural and grading engineering measures shall be The Applicant shall retain a geotechnical engineer and an engineering geologist to make recommendations and to MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 23 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance implemented to incorporate the results of the geotechnical study. These measures would be similar to those recommended to mitigate impacts to soil settlement. inspect and verify field conditions prior to and during the implementation of critical Project components (e.g., site preparation, grading, and construction of foundation slabs). The Applicant-retained geotechnical engineer and engineering geologist shall also inspect the site prior to the final site inspection by the City building inspectors. Compliance Status: TBD MM GEO-7. During drought periods, groundwater pumping limitations for the unconsolidated aquifer underlying the Project site shall be assessed and implemented to prevent soil subsidence. The Applicant shall provide annual groundwater pump age and monitoring reports to the City Public Works Department for the onsite groundwater well. The City Public Works Department shall ensure compliance and implement limitations on groundwater pumping during drought years. Compliance Status: TBD Hazards and Hazardous Materials MM HAZ-1. Prior to earthwork and demolition activities, a site -specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. The Health and Safety Plan shall include appropriate best management practices (BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA Construction and Grading Project Form shall be submitted to the APCD prior to grading activities. All construction employees that have the potential to co me into contact with contaminated building materials and soil/bedrock shall be briefed on the safety plan, including required proper training and use of personal protective equipment. During earthwork and demolition activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to heavy hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within potential demolished materials. Procedures shall include efforts to control f ugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, segregation of contaminated soil from uncontaminated soil, and demolished materials. The The Applicant shall submit the Site-specific Health and Safety Plan to the City prior to issuance of grading and building permits, and/or demolition permits. Applicant shall conduct necessary construction employee training prior to construction initiation. The City and County shall ensure compliance. An Environmental Monitor shall be made available to monitor environmental compliance of the construction activities. The City and County shall also inspect the Project site during construction to ensure compliance with required plans. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM 24 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). Hydrology and Water Quality MM HYD-1a. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit. Prior to issuance of grading permits for Phase 1 the Applicant shall submit a copy of the NOI to the City. The City shall review noticing documentation prior to approval of the grading permit. City monitoring staff will inspect the site during construction for compliance. Compliance Status: TBD MM HYD-1b. The Applicant shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of work for approval. The contractor is responsible for understanding the State General Permit and instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activity on the Project site in excess of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s plan of development that in total disturbs one or more acres. The SWPPP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include specific BMPs to control the discharge of material from the site. The following BMP methods shall include, but would not be limited to: Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers shall be used. Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours prior to and during inclement weather conditions. Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas to reduce surface soil movement, as necessary. A routine monitoring plan shall be implemented to ensure success of all onsite erosion and sedimentation control measures. Dust control measures shall be implemented to ensure success of all onsite activities to control fugitive dust. Streets surrounding the Project site shall be cleaned daily or as necessary. BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite (material and container storage, proper trash disposal, construction entrances, etc.). Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent siltation transport to the surrounding areas. The Applicant shall prepare a SWPPP that includes the above and any additional required BMPs. The SWPPP and notices shall be submitted for review and approval by the City prior to the issuance of grading permits for Phase 1 construction. The SWPPP shall be designed to address erosion and sediment control during all phases of development of the site until all disturbed areas are permanently stabilized. City monitoring staff shall periodically inspect the during grading to monitor runoff and after conclusion of grading activities. The Applicant shall keep a copy of the SWPPP on the Project site during grading and construction activities. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 25 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Additional BMPs shall be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with grading/development plans for review and approval. The Applicant shall file a Notice of Completion for construction of the development, identifying that pollution sources were controlled during the construction of the Project and impleme nting a closure SWPPP for the site MM HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek shall occur within the dry season (May through October). The Applicant shall demonstrate compliance within grading and construction plans subject to City review and approval prior to issuance of grading permits for each Project phase. The City shall review grading and construction plans for all phases to ensure compliance. City grading monitors shall spot check for compliance. Compliance Status: TBD MM HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan. The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the Project site, including construction and stream stability, and set forth measures to coordinate Project drainage with Chevron Tank Farm remediation and drainage improveme nts. The Master Drainage Plan shall be implemented pursuant to the City’s SWMP submitted by the City to the RWQCB under the NPDES Phase II program and pursuant to the programs developed under the City of San Luis Obispo General Plan and the City of San Lui s Obispo Waterways Management Plan. The Master Drainage Plan shall meet the following requirements: • Development of a Construction Drainage Plan that details the control and retention of runoff for each phase of construction, and clearly displays the locati on of bioretention facilities, their retention capacity and relationship to subsurface drainage culverts, alignment of creek and drainage channels for each phase. • Ensure that onsite detention facilities, particularly the pocket park/bioswale, are designed to safely retain flood flows using either gently sloping exterior slopes (e.g., 4:1) or provide safety fencing around perimeters, consistent with applicable City standards. • Characterization of drainage from the East-West Channel and conveyance of flows after removal of this channel. • Demonstrate peak flows and runoff for each phase of construction. • Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland habitats, contouring of creek invert to create pools and removal of trash or debris as appropriate. The Master Drainage Plan shall be submitted to the City Public Works Director and City Natural Resources prior to final Development Plan approval and recordation of the final VTM. The Construction Drainage Plan shall be updated by the Applicant and resubmitted to the City prior to the issuance of grading permits for each Project phase. The City shall review the Master Drainage Plan. The Environmental Monitor shall confirm installation of all drainage, retention, and treatment facilities and monitor effectiveness during and post- storm events. The Environmental Monitor shall prepare a brief report for submittal to the City with regarding effectiveness of detention and treatment facilities for each Phase after completion and recommended corrective actions (if required). Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM 26 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance • Location and extent of vegetated Swales designed to reduce sediment and particulate forms of metals and other pollutants along corridors of planted grasses or native vegetation. • Location and extent of vegetated Filter Strips, 15-foot-wide vegetated buffer strips that also reduce sediment and particulate forms of metals and nutrients. • The use, location, and capacity of Hydrodynamic Separation Products to reduce suspended solids greater than 240 microns, trash, and hydrocarbons. These hydrodynamic separators must be sized to handle peak flows from the Project site consistent with applicable regulatory standards. MM HYD-2b. The removal of North-South Creek Segment and East-West Channel and realigning the 850-foot segment of Tank Farm Creek shall not be completed until after Chevron Tank Farm property remediation has been completed and only after the existing Tank Farm Creek headwall is decommissioned and a detention pond is created that would lead to the proposed Tank Farm Creek headwall at the northern boundary of the Project site. The Applicant shall complete these realignments and alteration in coordination with the Chevron Tank Farm property remediation. The Master Drainage Plan shall set forth measures to coordinate Project drainage with Chevron Tank Farm remediation and drainage improvements and shall be submitted to the City Public Works Director and City Natural Resources Manager for approval prior to issuance of grading permits for Phase 3. This measure does not apply to the MPA. The City shall confirm that Chevron Tank Farm property remediation is completed and review the Master Drainage Plan, grading and construction plans for compliance. MM HYD-2c. Offsite drainage from the east that currently flows into the East -West Channel shall be routed into surface detention and treatment facilities and then into subsurface drainage facilities to connect to the proposed drainage outlets into Tank Farm Creek onsite. The Applicant shall include these plans in the VTM, Utilities Plan, Construction Drainage Plan, and Master Drainage Plan. The Applicant shall demonstrate compliance with measure on the VTM, Utilities Plan, and Master Drainage Plan, which shall be submitted to the City prior to final Development Plan approval and recordation of the final VTM. Construction Drainage Plan shall be updated by the Applicant and resubmitted to the City prior to the onset of development for each phase. This measure does not apply to the MPA. The City shall review and approve plans prior to Development Plan approval. MM HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall consider cumulative regional drainage and flooding impacts of the Project, and shall be submitted to the City Public Works Director for approval and shall meet the following requirements: • There shall be no significant net increase in upstream or downstream floodwater surface elevations for the 100-year floodplain as a result of changes in floodplain configuration and building construction. A significant threshold of a 2.5-inch increase in floodwater surface elevations or 0.3 feet per second increase in stream velocities shall be used. This shall be demonstrated to the satisfaction of the City Engineer or County Public Works Director based on an Applicant furnished hydraulic analysis. • There shall be no significant net decrease in floodplain storage volume as a result of a new development or redevelopment projects. This can be achieved by a zero-net fill grading plan, which balances all fill placed on the 100-year floodplain with cut taken The Applicant shall demonstrate compliance on the Master Drainage Plan and shall be submitted for review and approval by the City Public Works Director prior to final Development Plan approval and recordation of the final VTM. The City shall review and approve the Master Drainage Plan. The Environmental Monitor shall review field compliance and report any flooding and drainage issues to the City over the 10-year Project construction period. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 27 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance from other portions of the floodplain within the Project site of the application, or with cut exported offsite. Specifically, all fill placed in a floodplain shall be balanced with an equal amount of soil material removal (cut) and shall not decrease floodplain storage capacity at any stage of a flood (2, 10, 50, or 100-year event). • A net increase in fill in any floodplain is allowed only when all the conditions listed in the Managed Fill Criteria of the DDM are also met. MM HYD-3b. All bridges, culverts, outfalls, and modifications to the existing creek channels must be designed and constructed in compliance with the City’s Drainage Design Manual and approved by the City Engineer, USACE, CDFW, and Central Coast RWQCB, and must meet city standards and policies. The Applicant shall prepare the Master Drainage Plan, VTM, and Utilities Plan, demonstrating compliance with mitigation, which shall be submitted for review to USACE, CDFW, and Central Coast RWQCB before approval by the City prior to final Development Plan approval and recordation of the final VTM. The City, USACE, CDFW, and Central Coast RWQCB shall check for compliance on plans. The Environmental Monitor shall review field compliance and report issues associated with construction of drainage improvements to the City over the 10-year Project construction period. Compliance Status: TBD MM HYD-4a. A site-specific, geotechnical investigation shall be completed in areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the proposed depth of HDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud mixtures for specific types of sediments). The investigation shall include results from at least three borings, a geologic cross section, a discussion of drilling conditions, and a history and recommendations to prevent frac-outs. Geotechnical investigations shall be made, and a report of findings submitted to the City for approval. Findings shall be incorporated into the final Utilities Plan prior to approval of the final Development Plan and recordation of the final VTM. The City shall review the findings of the geotechnical investigations and final Utilities Plan. Compliance Status: TBD MM HYD-4b. A Frac-out Contingency Plan shall be completed and shall include measures for training, monitoring, worst case scenario evaluation, equipment and materials, agency notification and prevention, containment, clean up, and disposal of released drilling muds. Preventative measures would include incorporation of the recommendations of the geotechnical investigation to determine the most appropriate HDD depth and drilling mud mixture. In accordance with the RWQCB, HDD operations shall occur for non -perennial streams such as Tank Farm Creek only when the stream is dry, and only during daylight hours. In addition, drilling pressures shall be closely monitored so that they do not exceed those needed to penetrate the formation. Monitoring by a minimum of two City -approved monitors (located both upstream and downstream, who will move enough to monitor the entire area of operations) shall occur throughout drilling operations to ensure swift response in the event of a frac-out, while containment shall be accomplished through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic pails, shovels, portable pumps, The Applicant shall prepare a Frac-out Contingency Plan and submit to the RWQCB for review and the City for approval prior to approval of the final Development Plan and recordation of the final VTM. Two City-approved monitors shall be onsite during HDD drilling activities to monitor construction. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM 28 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance and vacuum trucks. The Frac-out Contingency Plan shall be submitted to the City, and the RWQCB shall review the plan. MM HYD-5. A Development Maintenance Manual for the Project shall include detailed procedures for maintenance and operations of any storm water facilities to ensure long -term operation and maintenance of post-construction storm water controls. The maintenance manual shall require that storm water 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 15 th) 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. The Development Maintenance Manual shall include the following: • All loading docks and trash storage areas shall be setback a minimum of 150 feet from the top of the creek bank. No outdoor storage or larger trash receptacles shall be permitted within this setback area. All trash and outdoor storage areas shall be operated to reduce potential impacts to riparian areas. • Runoff shall be directed away from trash and loading dock areas. • Trash and loading dock areas shall be screened or walled to minimize offsite transport of trash. • Bins shall be lined or otherwise constructed to reduce leaking of liquid wastes. • Trash and loading dock areas shall be paved. • Impermeable berms, drop inlets, trench catch basin, or overflow containment structures around docks and trash areas shall be installed to minimize the potential for leaks, spills or wash down water to enter the drainage system and Tank Farm Creek; and, • The developer or acceptable maintenance organization shall complete inspections of the site to ensure compliance with BMPs and water quality requirements on a semi- annual basis (May 15 and October 15 of each year). A detailed summary report prepared by a licensed Civil Engineer shall be submitted to the City of San Luis Obispo Public Works Department. The requirements for inspection an d report submittal shall be recorded against the property. The Applicant shall prepare and update the Development Maintenance Manual for each phase of the Project. The City shall review and approve prior to the issuance of the certificate of occupancy for the first unit of each phase. The City shall review for compliance. Compliance Status: TBD Noise MM NO-1a. 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, as shown in Table 3.9-8 and Table 3.9-9 of the FEIR, across a residential or commercial property line. Construction plans shall note construction hours and shall be submitted to the City for approval prior to grading and building permit issuance for each Project phase. At the pre- construction meeting all construction workers shall be briefed on restricted construction hour limitations. A workday Permit compliance monitoring staff shall perform periodic site inspections to verify compliance with activity schedules and respond to complaints. MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 29 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance schedule shall be adhered to for the duration of construction of all phases. Compliance Status: TBD MM NO-1b. 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 a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. • All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. • The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to th e 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). • Temporary sound barriers shall be constructed between construction sites and affected uses. The Applicant shall designate the equipment area with acoustic shielding on building and grading plans. Equipment and shielding shall be installed prior to construction and throughout construction activities. Construction plans shall identify Best Management Practices (BMPs) and be submitted to the City prior to grading and building permit issuance for each Project Phase. BMP’s shall be conveyed to construction workers prior to commencement of construction. City staff shall ensure compliance throughout all construction phases. Permit compliance monitoring staff shall perform periodic site inspections to verify compliance with activity schedules. Compliance Status: TBD MM NO-1c. 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. Noise -related complaints shall be directed to the City’s Community Development Department. Applicant shall provide and post signs stating these restrictions at construction site entries. Signs shall be posted prior to commencement of construction and maintained throughout construction. Schedule and mailing list shall be submitted 10 days prior to initiation of any earth movement. City staff shall ensure compliance throughout all construction phases. Permit compliance monitoring staff shall perform periodic site inspections to verify compliance with activity schedules and respond to complaints. Compliance Status: TBD MM NO-3a. R-1 and R-2 residential units planned in the area of the Project site within 300 feet of Buckley Road and R-4 units in the northwest corner of the Project site shall include noise mitigation for any potential indoor space and outdoor activity areas that are confirmed to be above 60 dBA as indicated in the Project’s Sound Level Assessment. The following shall be implemented for residential units with noise levels exceeding 60 dBA: • Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60 dBA, noise reduction measures shall be implemented, including but not limited to: The Applicant shall demonstrate compliance with mitigation on Project engineering and architectural plans for residential areas within Phase 1 and Phase 5 of development prior to the issuance of grading and building permits for Phases 1 and 5. City staff shall ensure compliance with required site design and noise reduction measures on final Project engineering and architectural plans prior to the issuance of Phase 1 and Phase 5 grading and building permits. MITIGATION MONITORING AND REPORTING PROGRAM 30 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance • Exterior living spaces of residential units such as yards and patios shall be oriented away from Project boundaries that are adjacent to noise-producing uses that exceed exterior noise levels of CNEL = 60 dBA, such as roadways and industrial/commercial activities. • Construction of additional sound barriers/berms with noise-reducing features for affected residences. • Exterior Glazing. Exterior window glazing for residential units exposed to potential noise above Len=60 dBA shall achieve a minimum Outdoor-Indoor Transmission Class (OITC) 24 / Sound Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes shall be used. • Exterior Doors Facing Noise Source. According to Section 1207.7 of the California Building Code, residential unit entry doors from interior spaces shall have a combined STC 28 rating for any door and frame assemblies. Any balcony and ground floor entry doors located at bedrooms shall have an STC 30 rating. Balconies shall be oriented away from the northwest property line. • Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered building skin system over sheathing, with 4-inch to 6-inch-deep metal or wood studs, fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board on the interior face of the wall. If possible, electrical outlets shall not be installed in exterior walls exposed to noise. If not possible, outlet box pads shall be applied to all electrical boxes and sealed with non-hardening acoustical sealant. • Supplemental Ventilation. According to the California Building Code, supplemental ventilation adhering to OITC/STC recommendations shall be provided for residential units with habitable spaces facing noise levels exceeding Len=60 dBA, so that the opening of windows is not necessary to meet ventilation requirements. Supplemental ventilation can also be provided by passive or by fan-powered, ducted air inlets that extend from the building’s rooftop into the units. If installed, ducted air inlets shall be acoustically lined through the top-most 6 feet in length and incorporate one or more 90-degree bends between openings, so as not to compromise the noise insulating performance of the residential unit’s exterior envelope. • Sound Walls. Sound walls shall be built on the north and east property lines of the Project in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared masonry. Further, proposed carports with solar canopies shall be installed around the western and northern perimeter of the R-4 units, and these units shall be setback a minimum of 100 feet from the property line. • Landscaping. Landscaping along the north and east Project site boundaries that adjoin Suburban Road shall include a line of closely space trees and shrubs with sufficient vegetative density to help reduce sound transmission. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 31 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM NO-3b. Buckley Road widening improvements shall include the use of rubberized asphalts or alternative paving technology to reduce noise levels for sensitive receptors near the roadway. Applicant shall demonstrate compliance with mitigation on Project engineering and architectural plans for development prior to construction of the roadway. Plans shall be subject to review and approval by County Public Works staff to ensure feasibility and consistency with established design standards for County roads. City staff shall ensure compliance on Project engineering and architectural plans prior to construction of the Buckley Road Extension. Compliance Status: TBD Public Services MM PS-1. The Applicant shall prepare and implement a brief Security Plan for the Project site. The Security Plan shall be prepared in consultation with the SLOPD and address public safety concerns in common or public spaces, parks, bike paths and open space areas, the commercial center, and parking lots. The Security Plan shall set forth lighting requirements, security recommendations for parks, open space, and trails (e.g., visibility, lighting, etc.), and establish rules for use of the public areas. The Security Plan shall incorporate and address all required and recommended SLOPD security measures and shall be subject to review and approval by the SLOPD. Review and approval of the Security Plan may occur prior to or subsequent to acceptance of the final Development Plan recordation of the final VTM. The Applicant shall demonstrate incorporation of SLOPD recommended security measures into the Development Plan prior to the issuance of grading and construction permits for each phase. The City and SLOPD shall review the final Development Plan, Security Plan, and construction plans for each Project phase to ensure implementation of recommendations. Compliance Status: TBD MM PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share contribution to a future citywide or area-wide fire protection service protection development impact fee program. Additionally, the AASP should be amended to include a fee program to fund the City’s fifth fire station and/or integrate such fair share fee programs i nto the proposed Community Facilities District (CFD). The City shall review and approve a fee program within the AASP or as part of the CFD to fund the new SLOFD fifth fire station and staffing. The Applicant shall pay development impact fees prior to recordation of the final VTM or enter into a binding written agreement with the City to pay a fee appropriate to the amount and size of Project development based upon the amounts set forth in the new fire protection development impact fee program. The City shall ensure full payment of development impact fees and/or formation of the CFD. Compliance Status: TBD Transportation and Traffic MM TRANS-1. The Applicant shall prepare a Construction Transportation Management Plan for all phases of the proposed Project for review and approval by the City prior to issuance of grading or building permits to address and manage traffic during construction. The Plan shall be designed to: The Applicant shall submit the Construction Transportation Management Plan to the City for review and approval prior to issuance of grading or building permits. The The City shall ensure compliance with the Construction Transportation Management Plan with periodic MITIGATION MONITORING AND REPORTING PROGRAM 32 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance • Prevent traffic impacts on the surrounding roadway network. • Restrict construction staging to within the Project site. • Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable. • Ensure safety for both those construction vehicles and works and the surrounding community; and • Prevent substantial truck traffic through residential neighborhoods. The Construction Transportation Management Plan shall be subject to review and approval by the Public Works Director to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following: Ongoing Requirements throughout the Duration of Construction: • A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such Plan shall be reviewed and approved by the Community Development Department and implemented in accordance with this approval. • Work within the public right-of -way shall be reviewed and approved by the City on a case-by -case basis based on the magnitude and type of construction activity. Generally, work shall be performed between 8:30 AM and 4:00 PM. This work includes dirt hauling and construction material delivery. Work within the public right- of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit administered by the Building and Safety Division. Additionally, restrictions may be put in place by Public Works Department depending on particular construction activities and conditions. • Streets and equipment shall be cleaned in accordance with established Public Works requirements. • Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. • Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be onsite, with a minimum number of materials within a work area in the public right-of -way, subject to a current Use of Public Property Permit. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Construction Transportation Management Plan shall be updated as needed to reflect changing conditions over the Project’s 10- year construction schedule. The Applicant shall conduct necessary construction employee training prior to the commencement of construction. The City Public Works Department, Community Development Department, Police Department, and Fire Department, and nearby residences and businesses shall be notified of the construction schedule prior to initiation of construction. The Applicant shall submit individual traffic control plans and part of encroachment permits for work within the public right-of-way. inspections of the Project site during construction. Complaints related to construction traffic at the site shall be directed to the City Public Works Department. Compliance Status: The Construction Transportation Management Plan has been received and approved by the City Public Works Department. Compliance with the Plan will be monitored on an ongoing basis throughout project construction. MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 33 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance • Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: • The traveling public shall be advised of impending construction activities that may substantially affect key roadways or other facilities (e.g., i nformation signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). • A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-of -way shall be obtained. • Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of ¼ mile. • Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. Public Works Department approval of any haul routes for construction materi als and equipment deliveries shall be obtained MM TRANS-2a. The Applicant shall create and submit a Transportation Improvement Phasing Plan to the City for review and approval and shall ensure that construction of the Project follows the sequential phasing order utilized in the TIS for such improvements. The Plan shall address the timing and general design of all on and offsite transportation improvements. The Applicant shall submit a final Transportation Improvement Phasing Plan for each final map development phase of the Project for the City for review and approval prior to recordation of the first final Vesting Tract Map (VTM). The City shall review grading and development plans and offsite transportation improvements for each phase prior approval of permits for each phase. The City shall ensure that construction per phase occurs sequentially through periodic construction monitoring. Compliance Status: Ongoing. MM TRANS-2b. The Applicant shall defer installation of turn restrictions on Vachell Lane/South Higuera Street until the Buckley Road Extension is completed and operational under Phase 2. This measure shall be completed simultaneously with the removal measures of temporary closures discussed in MM TRANS-2c. The Transportation Improvement Phasing Plan shall include requirements for the turn restriction to be installed following completion of Buckley Road Extension. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the turn restriction upon completion of the Buckley Road Extension. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2c. As part of Phase 1 development, the Applicant shall initially restrict ingress and egress to only emergency vehicles, transit, bicycles, and pedestrians at the border of the Project site on Venture Drive and at the intersection of Vachell Lane and Earthwood Lane. Prior to recordation of the VTM the Applicant shall submit Public Improvement Plans for review and approval by the City for Phase 1 development that design and incorporate restrictions at Venture Drive and The City shall verify that the Applicant installs the circulation improvements that would allow for interim transit service prior to occupancy of MITIGATION MONITORING AND REPORTING PROGRAM 34 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance These measures shall be removed upon the completion of the Buckley Road Extension in Phase 2 and implemented concurrently with those measures required in MM TRANS-2b to allow full access into the subdivision. The Applicant shall work with SLO Transit to establish an interim route in the Project vicinity during Phase 1. The Applicant shall install an interim turn-around location within the Project site or other measures as deemed appropriate by the City to accommodate this interim transit access due to required site access limitations noted above. at the intersection of Vachell Lane/Earthwood Lane. Construction of circulation improvements shall be completed and operational prior to occupancy of Phase 1 development but may also need to be completed during construction periods if vehicle intrusion is encountered. The interim transit route and bus turn around location or other measures acceptable by the City shall be installed by the Applicant prior to issuance of the occupancy permit for the first residential unit of Phase 1 development. This mitigation has been incorporated into the MPA Project design. Phase 1 development and removes them upon completion of Buckley Road Extension in Phase 2. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2d. To remain consistent with proposed bicycle facilities listed in the BTP, the Applicant shall design and construct Class II bicycle lanes that connect to the regional bicycle network along the entire stretch of Vachell Lane, between Buckley Road and South Higuera Street, as part of Phase 1. The City Public Works Department shall ensure improvements meet design standards. Prior to recordation of the final VTM, the Applicant shall submit public improvement plans for review and approval by the City (and as necessary, the County) to install Class II bicycle facilities along Venture Drive from Buckley Road to Higuera Street. Construction of bicycle facilities shall be completed and operational prior to issuance of occupancy permits for the first residential unit of Phase 1 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2e. The Applicant shall design and construct the Jespersen Road/Horizon Lane connection as part of Phase 4 between Suburban Road and the Project boundary. The City Public Works Department shall ensure improvements meet safety design criteria. Prior to recordation of the final VTM for Phase 4, the Applicant shall submit a public improvement plans for review and approval by the City. Construction of roadway connections to the Project site shall be completed and open to travel no later than the issuance of an occupancy permit for the 100th residential unit of Phase 4 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance with the approved phase and design plans. The City shall confirm this feature is incorporated within Project plans. MM TRANS-2f. To remain consistent with the BTP and City policies, the Applicant shall design and construct all Buckley Road improvements along the Project frontage, from the Tank Farm Creek Bridge to the eastern site boundary, including but not limited to, the proposed Class I bicycle path, and Class II bicycle lanes on the Buckley Road frontage as part of Phase 4. Prior to recordation of the final map for Phase 4, the Applicant shall submit an improvement plan for the Buckley frontage Class II bicycle lanes and the Buckley Road frontage Class I bicycle path for review and The City shall verify that the Applicant installs the improvements in accordance with the approved design plans The City shall confirm this MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 35 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance approval by the City and as necessary, the County. These bicycle lanes and the bicycle path shall be completed prior to issuance of the occupancy permit for the 50th unit of Phase 4 development. This mitigation has been incorporated into the MPA Project design. feature is incorporated within Project plans. MM TRANS-3a. Project roadway and driveway design shall be reviewed and approved by the City to ensure compliance with City engineering standards and not conflict with intersection functional areas (e.g., aligning driveways on opposite sides of the roadway, position driveways as far upstream from intersections as possible). Prior to recordation of the final VTM the Applicant shall submit a final roadway design plan to the City for review and approval that demonstrates compliance with City roadway design standards and access management requirements. The City shall review Project, development, and grading plans for each phase of the Project the City shall conduct periodic inspections of the Project site during construction to ensure compliance. Compliance Status: Ongoing MM TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project site, including the extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by Policy 8.1.3. The Applicant shall submit public improvement plans to the City for review and approval prior to recordation of the final VTM, to ensure roadway design meets City standards and adequate traffic calming features are installed to meet City requirements. The City shall review and approve the final VTM and public improvement plans to ensure these plans are consistent with City standards. The City shall ensure compliance with the design plan with periodic inspections of the Project site during construction. Compliance Status: Ongoing MM TRANS-4. The Applicant shall prepare an improvement plan for Horizon Lane, Earthwood Lane, and Suburban Road, including roadway, bicycle, and pedestrian improvements. Improvements shall be constructed by the Applicant in coordination with the phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway improvements in a timely manner consistent with Project phasing. The Project Applicant shall: • Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance with City standards for a commercial collector of width between 44 to 60 feet from Suburban Road to the Project boundary. This plan shall be developed in The Applicant shall submit public improvement plans for Horizon Lane, Earthwood Lane, and Suburban Road, to the City for review and approval prior to the recordation of the final map for each respective phase as required in the mitigation measure. The plan shall be subject to review and approval by the City with improvements The City shall ensure compliance with the design plan with periodic inspections of the Project site during construction. Compliance Status: Ongoing MITIGATION MONITORING AND REPORTING PROGRAM 36 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance coordination with adjacent property owners and the City Public Works Department. Horizon Lane shall not be connected to the Project site until such a plan has been completed and improvements are completed in accordance with the phasing plan, as part of Phase 4. The section of Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be designated as a residential collector with a width of roadway between 40 and 60 feet. Per MM TRANS-2e, construction of the Horizon Road from Suburban Road to Phase 4 of the Project shall be completed and open to travel prior to the issuance of any occupancy permit for the 100th residential unit of Phase 4 development. • Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with City Uniform Design Criteria and Municipal Code Standards. • Coordinate with the property owners along Earthwood Lane and City staff to complete the Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall be developed to full City standards for a residential collector. Residential collectors shall be 44 to 60 feet wide as required by the City’s Uniform Design Criteria. • Coordinate with the property owners along Suburban Road and City staff to prepare a detailed improvement plan for Suburban Road to bring this road into conformance with City standards. This plan shall address widening of substandard sections near the east end of this roadway, completion of missing sidewalk segments, installation of street trees, pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance with the City’s Engineering Standards and Specifications – Uniform Design Criteria, a commercial collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial uses. Improvements from Earthwood Lane to Higuera Street shall be done as part of Phase 1. Improvements from Earthwood Lane to Horizon Lane shall be done as part of Phase 4 development, prior to the connection of Horizon Lane with the Project site. • Prepare a detailed phasing plan that identifies reasonable timing of such improvements for Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed in close coordination with City staff. Per MM TRANS 2e, Construction of the Suburban Road improvements from Horizon Road from Earthwood shall be completed and open to travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4 development. The Suburban Road improvement from Earthwood to Higuera and the Earthwood improvements on the Project site and between the Project and Suburban shall be completed prior to issuance of the occupancy permit for the 1st dwelling unit. required to be completed to occupancy in each phase. MM TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the installation of a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG SR 227 Operations Study. The City shall collect the fair share fee and coordinate payment of Project fair share fees to help fund improvements with the County. Alternatively, the City should consider an amendment of the AASP impact fee program to establish a new areawide fee to A fair share mitigation fee for improvements shall be paid to the Project prior to final VTM recordation. If the City amends the AASP impact fee program to include improvements to the intersections of Buckley The City shall verify the inclusion of the fee program within the AASP shall collect the pro-rated fee. MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 37 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance help fund improvements to the intersection to offset cumulative developmen t impacts. If an amended AASP fee is created by the City, it will suffice as appropriate mitigation for the Project’s participation in these improvements. Road/SR 227, the Applicant shall pay the impact fees prior to issuance of a building permit for each unit. Compliance Status: TBD MM TRANS-6. The Applicant shall design and construct the extension of the northbound right turn-lane at the South Street/Higuera Street intersection, to provide more storage capacity. Prior to recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans for review and approval by the City for the extension of the northbound right turn lane from Higuera to South. These improvements may be eligible for credits for Project payments of the Citywide TIF program. Construction of roadway improvements shall be completed and operational prior to the issuance of occupancy permits for the first residential unit for Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. Compliance Status: Improvements completed. MM TRANS-7a. The Applicant shall design and construct a second northbound left -turn lane at the intersection of South Higuera Street/Prado Road. The Applicant shall also pay a fair share fee for the widening of Prado Road Creek Bridge west of South Higuera Street by participating in the citywide transportation impact fee program. As part of Phase 1 development, the Applicant shall submit public improvement plans that details improvement to South Higuera Street/Prado Road intersection for review and approval by the City. These improvements are part of the AASP financing plan and may be eligible for fee credits or reimbursements. Construction of these improvements shall occur only after completion of the City widening of the Prado Road Creek Bridge. Construction of roadway improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residential unit of Phase 1 development. However, if the SLO Creek Bridge widening project has been delayed, the Public Works Director shall have the authority to defer these improvements until that work can be completed. The City may also undertake this intersection improvement as a capital improvement project. In that event, the mitigation measure shall be satisfied when the improvement is programmed in the City’s multi-year Capital Improvement Plan and Financial Plan. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans and pays its fair share fee for the widening of Prado Road Creek Bridge. Compliance Status: This improvement has been incorporated into a City capital improvement project in conjunction with replacement of the Prado Road Bridge over San Luis Obispo Creek. No further action required from Avila Ranch, other than paying a fair share towards improvements through transportation impact fees. MITIGATION MONITORING AND REPORTING PROGRAM 38 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-7b. The Applicant shall design and construct a second southbound left -turn lane at the Tank Farm Road/South Higuera Street intersection. As part of Phase 1 development, the Applicant shall submit public improvement plans for construction of a second southbound left-turn lane at the Tank Farm Road/South Higuera Street intersection for review and approval by the City. These improvements are part of the AASP financing plan and may be eligible for fee credits or reimbursements. Construction of roadway improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residential unit of Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance with approved design plans. Compliance Status: TBD MM TRANS-7c. The Applicant shall design and install the restriping of Suburban Road to extend the length of the westbound left- and right-turn lane at the Suburban Road/South Higuera Street intersection. Prior to acceptance of the recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans to address improvements to the Suburban Road and South Higuera Street intersection for review and approval by the City. Construction of roadway improvements shall be completed and operational prior to the issuance of occupancy permits the first unit of Phase 1 development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. Improvements completed. MM TRANS-7d. In coordination with the opening of the Buckley Road Extension as part of Phase 2, the Applicant shall design and install measures to restrict left turns into and out of the Vachell Lane/South Higuera Street intersection. Prior to recordation of the final VTM, the Applicant shall submit public improvement plans to address improvements to the Vachell Lane and South Higuera Street intersection for review and approval by the City. Construction of roadway improvements shall be completed and operational prior to issuance of occupancy permits for the first residential unit of Phase 2 Project development. This mitigation has been incorporated into the MPA Project design. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. The City shall confirm this feature is incorporated within Project plans. MM TRANS-8a. The Project is located within the Los Osos Valley Road interchange Sub Area fee program, and, as such, the Applicant shall pay the Los Osos Valley Road subarea fee, for the cost of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange project and improvements along Los Osos Valley Road. The fee shall be associated with the number of dwelling units and the square footage of commercial development in the Project site and shall be paid the time of building permit issuance. The Los Osos Valley Road fee program requires payment of fees prior to each building permit issuance. The Applicants shall pay the Los Osos Valley Road subarea fee prior to issuance of permits for all units. The City shall verify the Applicant has contributed its fair share payment and ensure adequate funding is collected for the improvements. MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 39 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Compliance Status: TBD MM TRANS-8b. In coordination with the Applicant, the City shall retime the traffic signal at Los Osos Valley Road/South Higuera Street intersection and installation of signage at the South Higuera Street/Buckley Road intersection (terminus of the Buckley Road Extension) to inform drivers of additional access to U.S. Highway 101 at Ontario Road. The City Public Works Department shall ensure the improvements and signage meet safety criteria. Prior to recordation of the final VTM for Phase 2, the Applicant shall submit public improvement plans for review and approval by the City, which addresses retiming of the traffic signal. Construction of roadway improvements and signage installation at Buckley Road shall be completed and operational prior to the issuance of occupancy permits for the first residence of Phase 2 development. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. Compliance Status: TBD MM TRANS-10a. The Applicant shall design and construct ADA-compliant sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of travel from the City limit line to Los Osos Valley Road. Prior to recordation of the final VTM, the Applicant shall submit a public improvement plans for sidewalk improvements along South Higuera Street for review and approval by the City. Construction of pedestrian improvements shall be completed and operational prior to the issuance of an occupancy permits for Phase 2 development. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. Compliance Status: TBD MM TRANS-10b. The Applicant shall design and construct continuous sidewalks along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-6 in the FEIR. Prior to recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans for review and approval by the City. Construction of pedestrian improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residence of Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. Compliance Status: TBD MM TRANS-10c. The Applicant shall design and construct continuous ADA-compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera Street to Earthwood Lane. A receiving ramp shall be installed on the north side of Suburban Road at Earthwood Lane. Prior to recordation of the final VTM for Phase 1, the Applicant shall submit public improvement plans for review and approval by the City. Construction of pedestrian improvements shall be completed and operational prior to the issuance of an occupancy permit for the first residence of Phase 1 development. The City shall verify that the Applicant installs the improvements in accordance with the approved design plans. Compliance Status: TBD MM TRANS-11. The Applicant shall construct two (2) separated bicycle bridges on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as to provide continuous and safe bicycle routing along Buckley Road. These sections of roadway Prior to recordation of the final VTM for Phase 2, the Applicant shall submit a Public Improvement Plan for the Buckley Road The City shall verify that the Applicant has modified the Project design to be in MITIGATION MONITORING AND REPORTING PROGRAM 40 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance and creek crossings are under the jurisdiction of the County and would need to meet both City and County design standards to the greatest extent feasible and are subject to approval of the City’s Public Works Director. Class II bicycle lanes and the separated bicycle bridges across Tank Farm Creek. These improvements shall occur concurrently with the extension of Buckley Road to South Higuera Street during Phase 2. accordance with the BTP and the AASP. Compliance Status: TBD MM TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that adequate service would be provide to the two proposed bus stops and Project area. The bus stops shall be constructed by the Applicant within the respective phase’s development area. To assure adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install any physical improvements to Earthwood Lane, and Suburban Road needed to accommodate future service to the site. In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service Standards. Prior to issuance of an occupancy permit for the 50th residence of Phase 1 development, the Applicant shall ensure adequate transit service would be available for the Project site. The City shall verify that the Applicant ensures adequate transit service for the Project site. Compliance Status: TBD MM TRANS-13. The City shall amend the Citywide TIF to include a fee program for the installation of a second southbound right-turn lane at the Los Osos Valley Road/South Higuera Street intersection or create a separate mitigation fee for this purpose. The Applicant shall pay its fair share of the improvement costs through the payment of the Citywide TIF of the ad hoc mitigation fees, as appropriate, to the City prior to issuance of building permits. If at the time of building permit issuance, the City has not amended the Citywide TIF to include the extension of the southbound right turn lane from Higuera to Los Osos Valley Road, the City shall establish an ad hoc fee program for that purpose. The Applicant will pay its fair share of the improvement by payment of the amended Citywide TIP for the ad hoc fee. The City shall verify that the Project has paid its fees at the time of building permit issuance. Compliance Status: The Citywide TIF program has been updated to include these improvements. Project will pay applicable TIF fees prior to issuance of building permits. MM TRANS-14. If approved by City Council, the City shall amend the TIF, or some other fee program, to include a fee program for the installation of a Class I bicycle path from Buckley Road/South Higuera Street intersection to Los Osos Valley Road/U.S. Highway 101 southbound ramps intersection, connecting to the Bob Jones Trail. The Applicant shall pay its fair share fee to fund the improvement through the adopted fee program. Alternativ ely, the City may establish a special or ad hoc mitigation fee program to fund the Project’s share of these improvements. The City shall include this improvement in the updated Citywide TIF. The Applicant shall pay its fair share fees to the City prior to issuance of an occupancy permit for the first residential unit of each phase of development. If at the time of building permit issuance, the City has not amended the Project into the TIF program, the Applicant will be required to pay fare share funding for the project through an ad hoc fee to be paid prior to receiving building permits. The City shall verify payment of fair share fees to install the improvement in accordance with the BTP and City requirements. Compliance Status: The Citywide TIF program has been updated to include these improvements. Project will pay applicable TIF fees prior to issuance of building permits. MITIGATION MONITORING AND REPORTING PROGRAM Avila Ranch Development Project 41 Mitigation Measure Plan Requirements & Timing Monitoring/Compliance MM TRANS-15a. The Applicant shall pay its fair share fee to the City to fund the widening of the Prado Road/South Higuera Street intersection to accommodate a dual left-turn lane, dual thru-lanes, and a right-turn lane on all approaches. Part of this share may be contained within existing fee programs or ultimately incorporated into the Citywide TIF program. If amended into the Citywide TIF an impact fee program, payment of those fees will address project impacts. Unless incorporated into the Citywide TIF program the Applicant shall pay its fair share fees to the City prior to issuance of building permits. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of Final map recordation for each phase of development. The City shall verify that adequate funding is collected to install these improvements. Compliance Status: The Citywide TIF program has been updated to include these improvements. Project will pay applicable TIF fees prior to issuance of building permits. MM TRANS-15b. The Applicant shall pay its fair share mitigation fees to fund improvements to the intersection of Higuera/Tank Farm Road to provide: 1) extension of the northbound right-turn lane, 2) the installation of a “pork chop” island to assist pedestrian crossings, and 3) widening on the south side of Tank Farm to provide a slip lane for right turning traffic. The City should consider incorporating this improvement into the AASP Fee program. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of final map recordation for each phase of development. If the City amends the AASP program to include this improvement, the Applicant shall the AASP subarea fee program to mitigate this impact. The City shall verify that adequate funding is collected to install these improvements. Compliance Status: The Citywide TIF program has been updated to include these improvements. Project will pay applicable TIF fees prior to issuance of building permits MM TRANS-15c. The City shall review the cross sections for improvements to Tank Farm Road/Horizon Lane intersection as proposed within AASP to ensure long-term geometrics meet the objectives of the General Plan. The Applicant shall pay fair share mitigation fees to fund the installation of an additional northbound right-turn lane or a roundabout at the Tank Farm Road/Horizon Lane intersection. The City should consider incorporating this improvement into the AASP fee program. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of final map recordation for each phase of development. If the City amends the AASP program to include this improvement, the Applicant shall pay the AASP subarea fee program to mitigate this impact. The City shall verify that adequate funding is collected for these improvements. Compliance Status: TBD MM TRANS-15d. The Applicant shall pay its fair share fees to fund the installation of a traffic signal or a single-lane roundabout at the Buckley Road/Vachell Lane intersection. While not required, this work may be implemented as part of the Buckley Road extension being installed as part of Phase 2 of the Project. The City should consider incorporating this improvement into the AASP fee program. The mitigation fee shall be determined by the City prior to VTM recordation and will be adjusted annually for CPI until final building permits are complete. Alternatively, the Applicant could pay the full fee as part of final map recordation for each phase of development. If the City amends the AASP program to include this improvement, the The City shall verify that adequate funding is collected for the improvement. Compliance Status: TBD MITIGATION MONITORING AND REPORTING PROGRAM 42 Avila Ranch Development Project Mitigation Measure Plan Requirements & Timing Monitoring/Compliance Applicant shall pay the AASP subarea fee program to mitigate this impact. Utilities MM UT-2. The size, location, and alignment of all on- and offsite water, wastewater, and energy infrastructure offsite shall be subject to review and approval by the City’s Public Works and Utilities Departments. The Applicant shall be responsible for constructing all required onsite and offsite utility improvements and well as for repaving of damaged roadways. The Applicant is required to implement the above standard mitigation measures prior to Development Plan or permit approval. City staff shall ensure the above measures are incorporated into the Development Plan and building plans prior acceptance of the final Development Plan and recordation of the final VTM. City staff shall ensure measures are on plans. City staff can work with the Applicant to ensure that these strategies are implemented. Compliance Status: TBD