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HomeMy WebLinkAbout03-26-14SAN LUIS OBISPO PLANNING COMMISSION AGENDA Council Chamber City Hall - 990 Palm Street San Luis Obispo, CA 93401 March 26, 2014 Wednesday 6:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, Ronald Malak, Michael Multari, William Riggs, Charles Stevenson, Vice -Chairperson John Larson, and Chairperson Michael Draze ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. MINUTES: Minutes of March 12, 2014. Approve or amend. PUBLIC COMMENT: At this time, people may address the Commission about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to five minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. PUBLIC HEARINGS: NOTE: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. Any decision of the Planning Commission is final unless appealed to the City Council within 10 days of the action (Recommendations to the City Council cannot be appealed since they are not a final action.). Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the Community Development Department, City Clerk's office, or on the City's website (www.slocity.org). The fee for filing an appeal is $273 and must accompany the appeal documentation. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 1. 3000 Calle Malva. MOD/TR 121-13: Request to amend conditions of approval for Vesting Tentative Map 2428 and review of an Addendum to the previously - approved Mitigated Negative Declaration; C/OS-100 zone; Margarita Ranch SLO, LLC, applicant. (Pam Ricci) Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Community Development, 919 Palm Street, during normal business hours. Planning Commission Agenda Page 2 COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast 3. Commission ADJOURNMENT Presenting Planner.- Pam Ricci isThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance. . clay of Meeting Date: March 26, 2014 SAn WIS OBISPO Item Number: 1 PLANNING COMMISSION AGENDA REPORT SUBJECT: Consideration of proposed revisions to the conditions of approval for the previously approved Vesting Tentative Map (Tract 2428) and review of an Addendum to the previously approved Mitigated Negative Declaration. PROJECT ADDRESS: 3000 Calle Malva FILE NUMBER: MOD/TR/ER 121-13 BY: Gary Kaiser, Senior Environmental Project Manager, Rincon Consultants Pam Ricci, Senior Planner Phone Number: 781-7168 E-mail: priccii@slocity.org FROM: Doug Davidson, Deputy Director RECOMMENDATION: Adopt the Draft Resolution (Attachment 1), which recommends approval of certain modifications to project conditions to the City Council, based on findings, including a finding supporting the preparation of an Addendum to the previously approved Mitigated Negative Declaration, and subject to mitigation measures and conditions. SITE DATA Applicant Margarita Ranch SLO, LLC Representative TEC Civil Engineering Consultants Zoning R-1, Low -Density Residential; R-2 & R-2--PD, Medium -Density Residential; R-3, Medium -High Density Residential; and C/OS & C/OS-PD, Conservation Open Space (all with the Specific Plan overlay) General Plan Low -Density Residential, Medium - Density Residential, and Medium - High Density Residential, & Conservation Open Space Site Area 99 acres Environmental An Addendum of Environmental Status impact was prepared to document the project's consistency with the Margarita Area Specific Plan (MASP) EIR and subsequent tiered Mitigated Negative Declaration. The applicant is proposing revisions to the conditions of approval relative to the construction of Prado Road, similar to those requested with VTMs 2342 & 2353. Other modifications to the conditions of approval are also being requested to address certain issues that have arisen subsequent to the previous approval and to eliminate conditions that are no longer applicable or viable. The applicant is proposing to phase the final map. PCI-1 Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 2 Due to the extent of the conditions needing revisions, the conditions of approval have been rewritten with new numbering therefore the attached version does not necessarily correspond to the previous numbering system of the adopted conditions of approval. Staff has prepared a matrix (Attachment 6) which summarizes changes to conditions and code requirements. 1.0 COMMISSION'S PURVIEW The Planning Commission purview is to review the requests that the applicant has made to revise conditions of approval and provide a recommendation to the City Council. The Commission will also be reviewing the addendum to environmental impact report which documents the project's consistency with the MASP and the EIR prepared to analyze the development of the Specific Plan. 2.0 BACKGROUND 2.1 Project History On October 12, 2004 the City Council certified the Final EIR for and approved the Margarita Area Specific Plan (MASP), by Resolution No. 9615 (2004 series). The MASP Final EIR contained numerous mitigation measures which are required be brought forward and incorporated into the tiered environmental assessment prepared for this site specific project. A Tiered Mitigated Negative Declaration (Tiered MND) and a vesting tentative map for Tract #2428 was approved by Council on July 3, 2007 by Resolution No. 9917 (2007 Series) (Attachment 3). In addition, at the same City Council meeting, a Planned Development overlay zoning was approved over the center of the site to allow smaller lot sizes and greater density through Ordinance No. 1506 (2007 Series) (Attachment 4). Vesting Tentative Tract Map (VTM) #2428 (Attachment 5) is a 178-lot subdivision, which was designed and processed in coordination with two adjacent developments, VTM #2342 and VTM #2353, in order to better achieve the objectives and requirements of the Margarita Area Specific Plan (MASP). Collectively these three tract maps are referred to as the "Western Enclave" (of the MASP). Initial submittals for improvement plans and final maps were made by the previous property owners that originally processed the VTMs. However, with the downturn in the economy in 2008-2009, the final map process was not competed. The subject VTM #2428 has received time extensions and remains valid. 2.2 Situation In 2012, the applicant for VTM #2342 submitted a request to modify conditions related to Prado Road, with the intention of requesting the same modifications for VTM #2353 in the next year. After performing due diligence and revising the prospectus for the project the applicant/owner of VTM #2342 determined that the previous conditions of approval for the delivery of Prado Road could not be met and still have a fiscally sound development project. The high initial cost for Prado Road delivery outpaced the slower residential unit absorption rate for the project such that it made it financially infeasible to carry out the required cost for early phases of the project. In February 2013, the City Council considered and approved modifications to VTM #2342 conditions related to Prado Road. As expected, the applicant for VTM #2353 has filed a similar PC) -Z Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 3 request, which the Planning Commission reviewed on March 12t' and unanimously recommended approval of to the City Council. The new owner of VTM #2428 also submitted an application for a similar request to modify the original conditions of approval for the previously approved tentative map. The subject VTM #2428 does not have direct frontage on Prado Road but is required to help fund Prado Road improvements. The traffic impact fees required of VTM #2428 constitute its share of the cost to construct the Prado Road extension. The City has entered into a reimbursement agreement to assist with the up -front costs to be borne by VTM #2342 and VTM #2353. Fees paid by VTM #2428 will reimburse the City's funds advanced to the developer of VTM # 2342 and VTM #2353; the balance of traffic impact fees will contribute toward the easterly portion of the Prado Road extension when it is constructed. There are also changes proposed to the conditions to clarify the relationship between VTM #2428 and the other Western Enclave developments regarding maintenance of the Common Basin, drainage ways and drainage infrastructure. The proposed changes to VTM #2428 conditions of approval are aimed at addressing the current status of the common basin and the phased implementation of the Prado Road improvements, but do not alter the tract design or density. The intent is to move this project forward within the environmental parameters previously contemplated under the Specific Plan, Programmatic FEIR and Mitigated Negative Declaration prepared for the project. The proposed revisions will provide adequate primary and secondary circulation for the project until the easterly segment of Prado Road to Broad Street is constructed. The requested modifications to tract map conditions require the review of the Planning Commission and approval by the City Council. Therefore, the Planning Commission's action on the requested modifications will be a recommendation to the City Council. 3.0 PROJECT INFORMATION 3.1 Site Information/Setting The project site is located in the southern part of � San Luis Obispo, within the MASP area and consists of approximately 99 acres. The site is situated east of what is currently the easterly terminus of Margarita Avenue. Immediately to the south of VTM #2428 are the approved VTM #2342 and VTM #2353, which are currently - - under construction per the MASP. All three VTMs included in the Western Enclave are highlighted on Figure 1 to the right. To the east of approved VTM #2428 are lands owned by the Damon and Garcia families, and to the south are ° lands owned by L.J. and A.P. Martinelli. These lands are primarily undeveloped or used Figure 1: The Locations of the Western Enclave VTMs agriculturally, but they are also within the MASP area and will eventually be developed pursuant to the MASP. PC- ►-3 Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 4 3.2 Project Description Vesting Tentative Map (VTM) #2428 approved by the City Council on July 3, 2007 contains a total of 178 lots designated as follows in accordance with the MASP: • 165 lots for single family residential development (Lots 1-80, 86-170); • 7 lots designated for condominium development (Lots 171-177); within which 26 required Affordable Housing Program units will be provided on 5 of these lots (this represents the previously agreed pro-rata share of the overall Affordable Housing component for the Western Enclave; the balance of the required units will be provided within VTM #2353 (Mangano Homes) and 6 "market rate" condominium units on the remaining 2 lots (Lots 176 & 177); for a total of 32 Condominium units; • 5 lots for "Open Space -Riparian" for permanent biological protection and drainage purposes under common ownership by a Home Owners Association (Lots 81-85); and • 1 lot for "Open Space -Hills" to be dedicated to the City for permanent public access (Lot 178). The applicant is not proposing changes to the approved tentative map as part of this request. VTM #2428 has primary access to the site from South Higuera Street through the existing El Camino Estates subdivision adjacent to the south via the planned extension of Calle Malva from Margarita Avenue. Alternate access is proposed to Prado Road through planned street connections within the two proposed adjacent developments of the Western Enclave (VTM #2342 and VTM #2353). The location of these accesses to the site as well as other proposed streets to complete circulation internal to the subject subdivision, are all located in accordance with the Circulation Plan of the adopted MASP. VTM #2428 also includes 12' Class I shared pedestrianibicycle paths within Open Space Lots 82 and 83 with roadway crossings at `N' Street for connection to the Open Space Lot 178 and its established trail system along the South Hills. These paths may be narrowed in specified locations based upon recommendations by the City Natural Resource Manager in order to accommodate protection of or avoidance of interference with special concern species, in accordance with the stipulations of Biological Mitigation Program for compliance with MASP/AASP EIR mitigation. Five open space lots are included for multiple purposes, including biological and drainage mitigation. These lots are sized so as to accommodate the natural drainage swale and appurtenant setbacks for buffer protection. As specified in the MASP, the Affordable Housing objectives of the plan will be achieved by two separate parcels within the Western Enclave in order to provide a total of 47 units; Lots 171-175 of the subject map will provide 26 of these required 47 units. These lots are proposed for dedication to the San Luis Obispo County Housing Authority or equivalent entity once the units are built. Lot 105 of approved VTM #2353 (Mangano Homes) will accommodate the other 23 units in similar fashion, on a lot to be dedicated to the Housing Authority or equivalent once the units are built. PC 1-4 Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 5 4.0 PROJECT ANALYSIS With an approved vesting tentative map, the applicant has the "vested right" to develop in substantial compliance with the ordinances, policies and standards in effect when the application was determined complete on April 2, 2007, per Chapter 16.34 (Vesting Tentative Maps) of the City's Municipal Code and Sections 66474.2 and 66498.1 of the California Government Code (Subdivision Map Act). The Community Development Director has the authority to determine whether a final map is in substantial compliance with an approved tentative map and may approve "minor corrections or amendments" pursuant to Section 16.10.160 of the Subdivision Regulations. In this case, the proposed revisions to conditions of approval have economic implications that may affect other property owners. Therefore, the Director determined that the proposed revisions must be reviewed by the Planning Commission and approved by the City Council. The analysis of the requested modifications to VTM 2353 focuses on the following: 1) Prado Road Condition; 2) Open Space Dedication; 3) Phasing; and 4) Other Condition Changes 4.1 Prado Road Condition Originally the three tract maps in the Western Enclave were all approved with the same condition language in terms of the development of Prado Road (Condition No. 1 of the VTM resolutions). With the approval by the City Council last year for a modified Prado Road section adjacent to Tract 2342 and a positive recommendation by the Planning Commission to the City Council for a similar modified road section adjacent to VTM 2353, the applicant for VTM 2428 has requested modifications to the original Prado Road condition as anticipated. If the recommended modifications to the Prado Road condition requested by the applicant are supported by the City Council on April 15t', then the applicant for the subject VTM #2428 will not have the direct obligation to extend Prado Road to Broad Street. The traffic impact fees required of VTM #2428 will constitute its share of the cost to construct the Prado Road extension. The City has entered into a reimbursement agreement to assist with the up -front costs of constructing a portion of Prado Road to be borne by VTM #2342 and a similar reimbursement agreement is anticipated to occur with VTM #2353. Fees paid by VTM #2428 will reimburse the City's funds advanced to the developer of VTM # 2342 and VTM #2353; the balance of traffic impact fees will contribute toward the easterly portion of the Prado Road extension when it is constructed. As supported by the new traffic study performed by Central Coast Transportation Consulting dated January 6, 2014, the proposed condition changes related to Prado Road development will provide adequate primary and secondary circulation for the project and minimize impacts to existing streets until the easterly segment of Prado Road to Broad Street is constructed. Modifying conditions of approval for the three tracts in the Western Enclave resulting in Prado Road east of VTM 2353 not being extended to Broad Street for an undefined timeframe also PG I-5 Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 6 removes the connection of the Class I bikeway to Broad Street, the adjacent Damon Garcia Sports Complex as well as neighborhood commercial sites at the Marigold Shopping Center. It is important to note that because the MASP neighborhood recreational park is on the Damon -Garcia property and not likely to be built soon, residents within the Western Enclave tracts will need to access other recreational areas of the city that are distant and bicycle and pedestrian mobility to these locations will be limited for quite some time. With the goal to provide a transportation connection between the residential areas and the park and retail uses along Broad Street as soon as possible, the City, in cooperation with the applicant and adjacent property owner (Damon -Garcia), seeks to complete a pedestrian and bicycle connection from the Western Enclave area to Broad Street. Lack of a bicycle/pedestrian connection will likely increase the vehicle miles travelled needed from the subdivisions to other areas. Completion of the Class I connection achieves goals of reducing greenhouse gas emissions and reliance on automobile travel consistent with the active transportation objectives of both the General Plan and MASP. Although development of the Class 1 bicycle connection is not a mitigation requirement for the tract, the applicant has indicated support for completion of this facility subject to available right -of - way, and the cooperation of the adjacent property owners and the City. Therefore, the recommended Condition 1 of the draft resolution has been worded to establish the "framework" for the applicant to work with the City toward implementation of this Class 1 bicycle connection. Therefore, this new Condition 1 replaces the former Condition 1 that focused specifically on the development of the full roadway. 4.2 Open Space Dedication Lot 178, the 71-acre hillside parcel, of the subject VTM No. 2428 is still proposed for permanent open space purposes. An offer of dedication to the City was previously accepted by City Council action on March 7, 2006, by Resolution No. 9778 (2006 Series). The City Council subsequently took action on May 15, 2007 by Resolution #9897 (2007 Series) to accept a conservation easement on the subject 71 acre parcel (Lot 178). The long-term goal is for Lot 178 to be dedicated in fee to the City. Condition No. 75 is included to realize this goal. 4.3 VTM Phasing The applicant is proposing to record their final map in three phases. A conceptual phasing plan has been submitted which City staff has preliminarily reviewed and found to provide a logical, orderly development pattern for the tract and to address access requirements. Condition No. 4 states that a secondary access shall be required for every phase of the final map subject to the approval of the Public Works Director and the Fire Marshal. 4.4 Other Condition Changes Other proposed changes to the conditions of approval for approved VTM #2353 would clarify the relationship between VTM #2428 and the other Western Enclave developments in regards to maintenance of the common basin, drainage ways and drainage infrastructure. The proposed PC 1-6 Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 7 changes to VTM #2428 conditions are aimed at addressing the current status of the common basin and the current proposal for development of Prado Road, but do not alter the tract design or density. 5.0 ENVIRONMENTAL REVIEW On October 12, 2004, the San Luis Obispo City Council adopted the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plan. Prior to taking such action, Council certified a Final Program Environmental Impact Report (EIR) prepared for the Plans. For the purposes of the current analysis, this document is referred to as the MASP EIR. In addition, a Tiered Mitigated Negative Declaration (Tiered MND) was prepared and adopted when Tract #2428 was previously approved in 2007. The current request for modifications to Conditions of Approval does not trigger any of the Section 15162 requirements for subsequent environmental review. Accordingly, the prepared Addendum (Attachment 2) takes into account and accepts the environmental conclusions of the prior CEQA documents, where no changes are being proposed. No changes are being proposed within the boundaries of Tract 2428 and so no new environmental review is being conducted for impacts within the boundaries of Tract 2428. As such, mitigation measures adopted as part of the MASP EIR and Subsequent Tiered MND remain in effect and are still applicable to the project (although some have been incorporated by the applicant into the project design, making the project "self - mitigating" in these instances). Section 15164 of the CEQA Guidelines allows a lead agency to prepare an addendum to a previously adopted Negative Declaration if only "minor technical changes or additions" have occurred in the project description since the initial study was originally prepared. In this case, no changes in the project description are being proposed. The only changes being proposed are with regard to the phasing of road improvements along Prado Road which do not introduce new potentially significant impacts, or increase the severity of previously -identified impacts. 6.0 CONCLUSION The current requests for modifications to VTM conditions before the Planning Commission have staff s support, will not have new or increased significant environmental impacts and will not compromise the integrity of the overall project development plan or the goals of the MASP. It is encouraging that the applicant intends to move forward with the project that fulfills multiple City goals including housing, economic development, and funding of a significant transportation facility (i.e. Prado Road), consistent with the General Plan, MASP, and Economic Development Strategic Plan. 7.0 OTHER DEPARTMENT COMMENTS The responses to the applicant's requests have been reviewed with the other departments and reflect a unified City position. 8.0 ALTERNATIVES 8.1. Continue the project with direction to the applicant and staff on pertinent issues. PC 1 -7 Revised Conditions of Approval for VTM #2428 (3000 Calle Malva) Page 8 8.2 Deny the project based on findings of inconsistency with the MASP, General Plan, or Economic Development Strategic Plan. 9.0 ATTACHMENTS 1. Draft Resolution 2. Addendum to Mitigated Negative Declaration and MASP EIR (including Traffic Study and Biological Assessment) 3. Resolution No. 9917 (2007 Series) approving VTM on 7-3-07 4. Ordinance No. 1506 (2007 Series) approving a PD zoning over a portion of the VTM 5. VTM 2428 6. Summary of Changes to Conditions and Code Requirements TACommunity Development\MODTR 121-13 (VTM 2428)\VTM 2428 PC report & attachments Pr I - Attachment 1 RESOLUTION NO. XXXX-14 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MODIFICATIONS TO THE CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 2428 (MOD/TR/ER 120-13; 3000 Calle Malva) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 26, 2014, pursuant to a proceeding instituted under application MOD/TR/ER 120-13, Margarita Ranch SLO, LLC, applicant; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has considered the Mitigated Negative Declaration (MND) that was previously approved by the Council on July 3, 2007, along with the Addendum prepared to update the MND to be consistent with the current project to modify conditions of approval; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Planning Commission makes the following findings in support of the request to modify conditions of approval for Vesting Tentative Tract Map 2428: 1. The proposed condition modifications are reasonably necessary to allow the development to proceed given financing considerations and projected traffic levels. 2. The design of the vesting tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established by the Margarita Area Specific Plan. f'ci-9 Resolution NO.XXXX-14 Attachment 1 Page 2 3. The site is physically suited for the proposed type of development allowed in the R-1-SP, R- 2-SP, and O-SP zones. 4. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 5. The subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report (EIR) certified by the City Council on October 12, 2004, being incorporated into the project, the mitigation monitoring program adopted with said EIR approval being followed and mitigation measures recommended herein. 6. On July 3, 2007, the City Council adopted a Mitigated Negative Declaration (MND) which adequately addresses the potential significant environmental impacts of the proposed project. The MND along with the prepared Addendum adequately evaluate the potential environmental impacts associated with the current project. Section 2. Environmental Review. The City Council adopted the project's Mitigated Negative Declaration on July 3, 2007, which incorporates the following mitigation measures and monitoring programs into the project. An Addendum to the EIR and MND was prepared for the current revisions request (ER 121-13), which demonstrates that no additional mitigation measures are required. The Planning Commission has reviewed and considered the information contained in this Addendum in its consideration of the final project design and finds that the preparation of a subsequent EIR is not necessary, based on the following findings, and subject to the following mitigation measures: Findinas 1. None of the circumstances included in Section 15162, which require a subsequent EIR have occurred, specifically: a. The project changes do not result in new environmental impacts. b. The circumstances under which the project is undertaken will not require major changes to the EIR. c. The modified project does not require any substantive changes to previously approved mitigation measures. Mitigation Measures: Reduction of Light and Glare In order for MASP/AASP EIR Mitigation Measure LU-7.1 as implemented by the MASP to be carried through to lot -specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass PC I-10 Resolution NO.XXXX-14 Page 3 Attachment 1 associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent property lines. Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Preparation and Implementation of "Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Army Corps of Engineers. Further, in compliance with the MASP/AASP EIR, the subject VTM #2428 proposes the creation of Lots 81-85 and Lot 178 in areas designated by the MASP for "Open Space -Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. Lot 178 is intended to be dedicated to the City of San Luis Obispo prior to or concurrently with final map recordation. 3. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Corps. 4. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in the King property's open space parcel, should be required. This area occupies between one- half and three-quarters of an acre. The program would at a minimum, replace the existing non-native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills Open Space, through mechanisms such as fencing, trail realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to Lot 178 to the City of San Luis Obispo as permanent open space as part of the project. 5. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Pc 1- ► 1 Resolution No.XXXX-14 Page 4 Attachment 1 6. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Palmer Spineflower. None required. Brewer Spineflower. None required. Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa Lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space; consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off - site location approved by the City, or consider lot adjustments to protect the major portion near lots 82, and adjacent multifamily lot. Congdon TarpIant. Create compensating habitat in a suitable off -site location approved by the City. Loggerhead Shrike. Remove myoporum tree before nesting season. 7. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or within 300 feet for raptor nests, until after young have fledged. 8. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre -development run-off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post -Western Enclave development generated run-off. It is proposed that this basin be enhanced to accommodate the greater project -generated and pre -project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Home Owners Association (HOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on -site natural resources are protected and preserved to the greatest extent required by the mitigation measures and -PG I - 12 Resolution NO.XXXX-14 Page 5 Attachment 1 consistent with requirements of the MASP and MASP I AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre -construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off -site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation and Implementation of a "Construction -Related Hazardous Materials Management Plan" 9. As stipulated in the MASP / AASP EIR, this would be a plan identifying, when they are known, site/development-specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction- related activities, the project proponent will cause Mitigation Measure HAZ-1.2 to be activated. Mitigation Measure HAZ-1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil and/or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase II assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. " PCl— 15 Resolution No.XXYX-14 Page 6 Attachment 1 Monitoring Program: The "Construction -Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Section 3. Action. The Planning Commission hereby recommends approval to the City Council of the requested modifications to conditions of Vesting Tentative Tract Map 2428. The following conditions will supersede in their entirety the previously approved conditions approved by Council Resolution No. 9917 (2007 Series). Streets: Subject to available right-of-way, the subdivider, in cooperation with the City and adjacent property owners, will construct a Class I bike path connecting the existing terminus of Prado Road to Broad Street at the Damon -Garcia Sports Fields. Unless otherwise approved by the Public Works Director, the bike path should be located on the south side of the future Prado Road extension and consist of a minimum 8' wide asphalt concrete path with 2' wide decomposed granite shoulders and fencing on both sides. a. Off -site dedication/acquisition of property for this public right-of-way purpose is necessary to facilitate the construction of the bike path. The subdivider shall work with the City and the land owner to acquire the necessary right-of-way for the bike path. In the event the subdivider is unable to acquire said right-of-way, the City Council may consider lending the subdivider its powers of condemnation to acquire the off -site right- of-way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off -site right-of-way acquisition (including attorney and court costs). If the Council concludes that it does not want to acquire the right-of-way via eminent domain and thereby the project cannot be completed, the Subdivider shall be alleviated from completing Condition #1. b. Subject to final approval of the City, the subdivider may receive fee credit for the construction costs for the bike path if the facility is located in the Prado Road corridor. Fees eligible for credit are limited to Margarita Area "Add On" Transportation Impact Fees and Margarita Area Specific Plan "Add On" Park Impact Fees. No other City Impact Fees or Connection Fees shall be available for credit or reimbursement, including, but not limited to, Citywide Transportation Impact Fees for all other MASP projects. c. Necessary right-of-way shall be acquired and the bike path improvements installed with the first phase of the final map, unless the improvements are deferred to a later phase by mutual consent of the subdivider and the City. pC 1 — 14 Resolution No.XXXX-14 Page 7 Attachment 1 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit, subject to any approved reimbursement agreements. If at the time of building permit issuance the City's TIF has not been amended to accommodate the improvements to the South Higuera/Prado and South Higuera/Tank Farm intersections as identified in the traffic study performed by Central Coast Transportation Consulting dated January 6, 2014, or Prado Road has not been connected to Broad Street, the applicant will be responsible for paying a pro rata share of said improvements subject to approval of the City's Public Work Director. 3. The public improvement plans for VTTM 2353, VTTM 2428 and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan western enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. Pursuant to Section 16.20.110 of the City Municipal Code, the subdivider may be eligible for reimbursement for improvements that are in excess of the construction required for the subdivision, including, but not limited to storm drainage, sewer, water and power. 4. Unless otherwise approved by the Public Works Director and the Fire Marshall, a secondary access shall be required for every phase of the final map. 5. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications. The subdivision improvement plans and the Prado Road bike path plans shall be approved by the City prior to final map recordation. 6. Prior to final map approval, the final design, location, and number of traffic calming measures including bulb -outs, choke -downs, tabletops, roundabouts, neck -downs, etc. shall be reviewed and approved by the Public Works Director. Choke -downs adjacent to open space corridors shall be lengthened to include the entire length of the open space corridor. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axel truck's ability to negotiate the traffic calming features. Additional or alternative traffic control measures such as raised tabletops may be required to comply with the MASP objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." 7. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. Prior to final map recordation, the Subdivider shall deposit a faithful performance security in the amount of $130,000 to retain a qualified traffic consultant to conduct traffic counts and speed measurements on Margarita Avenue and on streets within and in the vicinity of the subdivision. The counts and measurements will be conducted one-year after final occupancy of complete build -out of the subdivision or acceptance of public improvements, whichever occurs later. The locations of the counts and measurements shall be approved by the Public Works Director. If the traffic volumes or pr'I --IG- Resolution No.XXXX-14 Page 8 Attachment 1 speeds exceed City standards, the $130,000 security will be retained by the City to guarantee that Subdivider installs additional City -approved traffic calming measures to reduce volume and speeds to comply with City standards. As an alternative to the above, prior to final map recordation, the Subdivider may pay a one-time nonrefundable contribution to the City's Neighborhood Traffic Management Program in the amount of $130,000 to fund future traffic calming efforts in and around Tract 2428. 8. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb -outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 9. Prior to approval of improvement plans, alternative paving materials proposed within the public right-of-way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 10. The subdivider shall re -stripe the southbound left turn lane and install pedestrian countdown heads at the South Higuera/Prado intersection as identified in the traffic study performed by Central Coast Transportation Consulting dated January 6, 2014. 11. Except for the 71-acre lot donated to the City, project common areas including, but not limited to, landscaped areas, landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by a Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact and water meter installation fees and shall be paid for by the subdivider. 12. The final locations of multi -use path connections to public streets shall be reviewed and approved by the Natural Resources Manager and City Traffic Engineer. Where multi -use paths intersect public streets, the roadway shall be narrowed and the crossing designed perpendicular to the roadway. 13. The final design and location of private streets and fire access ways, and the approaches thereto onto public streets, shall be reviewed and approved by the Public Works Director and Fire Department. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi -axle truck's ability to negotiate into and within the private streets and access ways within the proposed "PD" and Lot 178 portions of the site. 14. The proposed street bulb -outs shall be designed with minimum inside and outside radii of 20' and 10' respectively. 15. Analysis of the street drainage design shall be provided with the submittal of complete public improvement plans. Streets designed with a quarter crown shall justify the curb capacities in accordance with city standards. Some areas may require that the bulb -outs be reduced in depth or removed completely to accommodate the drainage along the high side of the street. of r —// Resolution NO.XXXX-14 Page 9 Attachment 1 16. Bulb -outs at T-intersections may need to be replaced with standard curb returns of a smaller radius to achieve the desired traffic calming goals and to accommodate street drainage. 17. The number and location of catch basins shall consider city standard spacing and drainage design requirements. The number of catch basins shall be limited to those required by code and/or design to the satisfaction of the City Engineer. 18. The transition between Street N and Street W shall be approved to the satisfaction of the City Engineer. Moving of the quarter crown section from one side of the street to the opposite side shall not be completed with a super -elevated section unless all drainage issues are addressed. 19. Street intersections shall be provided with directional curb ramps in accordance with city and ADA standards or guidelines. T-intersections shall include receiving ramps on the through street. 20. Prior to final map recordation, the subdivider shall submit a separate irrevocable offer of dedication for public access purposes to provide access from VTM Tract 2353 to the open space adjacent to Tract 2428. The offer will be recorded in the event that the Tract 2428 public improvements have not yet been accepted by the City, but access to the open space is needed for VTM Tract 2353 and the general public. On & Off -Site Improvements: 21. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s) shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the Subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: 1) Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California; 2) Preliminary title report including chain of title and litigation guarantee; or' (- / Resolution No.XXXX-14 Page 10 Attachment 1 3) Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so; 4) Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. 5) Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 22. The final subdivision design shall incorporate stormwater quality BMPs with the most current edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be subject to the approval of the City Engineer. 23. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to the existing soil contamination. 24. The design of any stormwater facilities shall be in compliance with the Waterway Management Plan Drainage Design Manual requirement for construction 25. The subdivider shall secure the rights for the regional stormwater detention basin in a form acceptable to the Bureau of Real Estate and the City prior to or concurrently with the recordation of the final map. The stormwater detention basin shall be privately -maintained. Should the subdivider be unsuccessful in acquiring the rights to the basin for storm drainage capacity, the subdivider shall revise the map and plans to accommodate appropriately -sized on -site detention of stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual. Alternately, the City may elect, but is not obligated, to secure the rights on behalf of the public. All costs associated with securing said rights, including any necessary eminent domain process, shall be borne by the subdivider. 26. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway curb cuts in the subdivision and increase the provision of on -street parking. Prior to hearing by ARC, the applicant shall provide plans to the Public Works Department with additional detail adequate to show locations of all proposed shared driveways. pr I -Irk Resolution No.XXXX-14 Page 11 Attachment 1 27. When a Class 1 bicycle path provides access across a public street, choke -downs, curb ramps, and signage shall be provided and the street crossing shall be designed to direct pedestrians across the roadway in a perpendicular manner. 28. The subdivider shall install private street lighting along the private internal streets per City standards and public street lighting along the public streets, as determined by the Director of Public Works. All public street lighting shall be LED lighting per the most current or interim City standards. The public street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG&E's point of service. 29. For lots abutting the existing developed Margarita and Chumash Village projects, any slopes and drainage structures proposed in those rear lots shall be maintained by the property owners, with an additional slope and maintenance easement to the HOA so that the HOA can maintain these slopes if the property owners fail to do so in a satisfactory manner. Details on the level of maintenance shall be provided in the draft CC&R's and reviewed and approved by the Community Development Director. Water, Sewer, Solid Waste & Utilities: 30. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 31. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. 32. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. 33. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 34. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, where the water service enters the building. 35. The sewer and water mains should be located approximately 6 feet on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 36. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled PG / -19 Resolution No.XXXX-14 Page 12 Attachment 1 water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. 37. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall add additional detail to the plans adequate to show the locations of all red curbs, fire hydrants, water meters, backflow preventers, solid waste storage areas (for the detached lots), the solid waste collection vehicle's ability to safely maneuver and access containers on the private roads in the PD portion of the development), to the satisfaction of the Utilities Department. Said details shall also indicate appropriate screening for backflow preventers, and shall clearly indicate any requested deviations from City standards. 38. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan that indicates how any parkway areas associated with detached and/or meandering sidewalks can be irrigated efficiently without overspray, in compliance with Chapter 13.20 of the Municipal Code, to the satisfaction of the Utilities Department. Parkways shall be a minimum of 6-feet in width to allow the planting of street trees. 39. Recycled water will be required to be used throughout the development to the maximum extent feasible. Recycled water use areas will include any landscape or turf areas that are under common ownership or control, and for which the maintenance will be by contract. 40. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to show the width, grade, structural cross-section and turning radii of all fire access roads and connections with public or private roads within the subdivision and within the 71-acre open space lot are suitable for travel by City fire trucks. Grading & Drainage: 41. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and/or issuance of building permits. 42. Clearing of any portion of the existing creek and drainage charnels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. 43. The developer of VTM #2428 shall begin grading operations related to site preparation and infrastructure construction near the westerly edge of the property in order to reduce the potential for short term impacts of "herding" rodents and other small animals toward the adjacent mobile home park. Pr.l -. ") D Resolution No.XXXX-14 Page 13 Attachment 1 44. Any required grading for storm flow collection features behind Lots 19-57 shall be done to the satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director. 45. All driveways shall comply with City Engineering Standards #2130 and #2140 for down - sloping and U--sloping driveways. 46. With regard to down -sloping and up -sloping driveways, common driveways shall be considered throughout the subdivision at the time of review by the Architectural Review Commission, particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50151, 52/53, 54/55 & 56/57, such that driveway slopes do not exceed 20%. 47. The final pad grading and certification shall be in accordance with the approved plans, grading ordinance, and final soils engineer recommendations. The public improvement plans shall be reviewed by the project soils engineer. The soils engineer shall provide written notification to the city indicating that the plans have been reviewed and are in general conformance with the report recommendations. 48. The soils engineer shall submit updated grading recommendations in compliance with the most current version of the California Building Code to the satisfaction of the City Engineer and Building Official. 49. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all graded pads and for in -situ soils on natural lots where deemed necessary by the City Engineer or Building Official. 50. Final pad certifications shall include the certification of pad construction and elevations. The soils engineer shall certify all grading prior to acceptance of the public improvements and/or prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. 51. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches, drainage collection devices, and drainage piping may be required. The public improvement plans and final map shall reflect any additional improvements and easements necessary for slope protection and maintenance. 52. Downstream and/or offsite drainage improvements shall be completed to the satisfaction of the city prior to commencing with public improvements or subdivision grading. If off -site improvements are not complete, a phasing plan and on -site detention may be required. 53. The width of all public or private drainage easements shall be approved to the satisfaction of the City Engineer. Drainage easements requiring subsurface piping systems shall not be less than 15' in width. Surface drainage improvements located along the westerly and southerly tract boundaries shall be located in easements not less than 10' in width. 54. The interceptor drainage ditch located along Lots 75 — 80 shall be constructed with an approved outlet to the existing drainage channels or to an approved off -site drainage easement. PC/-,2/ Resolution No.XXXX-14 Page 14 Attachment 1 55. The new section of pedestrianibike path proposed on Lot 178 shall be located upslope of the HOA-maintained interceptor ditch unless otherwise approved by the City Engineer and Natural Resource Manager. 56. The interceptor ditch shall be designed to accommodate any improved or diverted runoff from the existing or proposed trail improvements. 57. The public improvement plans and final drainage report shall include additional analysis of the runoff from the existing and proposed trails or access roads. The proposed interceptor ditch shall be extended to protect Lots 52 — 57 if necessary. 58. The abandoned access road crossing Lots 44 — 51 shall be likewise evaluated. The road drainage shall be clearly defined and drainage improvements and easements shall be provided if necessary. The road may be re -graded to eliminate any cross lot drainage if applicable. 59. The presence of springs within the development area has been identified by the soils engineer as one of the primary geotechnical concerns. All areas of known or observed seeps and springs shall be specifically addressed by the soils engineer. General recommendations shall be provided for all lot areas, roadways, and for the installation of utilities. 60. Drainage systems designed to collect spring water or other sub -surface waters shall be directed to the natural drainage channels to the maximum extent feasible. Subsurface drainages shall not be directed to the surface of the public streets unless otherwise approved by the City Engineer. 61. Utility trenches shall be protected with trench dams based on recommendations by the soils engineer. Trenches to individual Lots shall be likewise protected to avoid the collection and deposition of sub -surface drainage to under -floor or under -slab areas. Relief drains shall outlet to a location approved by the City Engineer. 62. If nuisance spring water is expected or encountered with the subdivision improvements and/or home construction, a separate French drain system may be required with storm drain extensions to individual lots or areas of concern. Homeowners' Association: 63. The subdivider shall submit CC&R's with the Final Map that establishes a Homeowner's Association (HOA). The HOA shall provide for maintenance of all common area drainage channels, on -site and/or sub -regional drainage basins and conveyance improvements, and the trail network (except for Lot 178). The HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC&R's shall be approved by the City Attorney prior to recordation of the Final Map, or any phase thereof. Resolution NO.XXXX-14 Page 15 Attachment 1 64. The HOA shall own and maintain all that portion of the lots designated as "Open Space" or "Wetlands Mitigation" (except for Lot 178, which is proposed for donation to the City). Those open space areas that accommodate trails intended for public use shall be maintained by the HOA for public access. Maintenance responsibilities shall also include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system and the sewer lines within private streets shall be privately owned and maintained by the HOA (to be included in CC& R's). 65. The HOA shall be responsible for maintaining any required red curbing and fire lane signage approved within the subdivision. 66. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions that pertain to all lots: a. Creation of an HOA or annexation into an existing HOA. b. No parking except in approved, designated spaces. c. No change in city -required provisions of the CC&R's without prior City Council approval. d. Provision for all of the maintenance responsibilities outlined in various conditions herein. e. Provision for common driveway use, access, and maintenance for those lots with shared access. f. The HOA shall be responsible for maintenance of the drainage swale running along and behind Lots 19-57 (i.e. all lots backing onto the 71-acre open space lot), as depicted on sheet 2 of the Vesting Tentative Map. g. Drainage swales along the west and south tract boundaries shall be maintained, repaired and/or replaced by individual lot owners in such a way as to allow clear and unobstructed storm water flows. No storage, alterations, construction and/or landscaping may be permitted in or around these swales in a manner that interferes with accessibility to, the design, and function of the overall tract storm drainage system. In the event that individual lot owners do not properly maintain, repair and/or replace the drainage improvements, the HOA shall have the right under the CC&R's to enter said lot owner's property, effect such maintenance, repair and/or replacement, and bill said owner for costs related thereto. In the event HOA is unwilling or unable to manage the storm system within the any portion of the tract (including the PD Zone as noted below), the City shall have the right to enter said property and maintain, make repairs and/or replace storm drainage system features and bill the HOA for said work. HOA and City access will be established through storm drainage easements recorded with the final map. Fencing designs shall not interfere with the functionality of the swales. The locations and designs of the project fencing shall be to the review and approval of the ,o /- / -J 3 Resolution No.XXXX-14 Page 16 Attachment 1 Architectural Review Commission along with their review of other project development plans. 67. With respect to that portion of the subdivision within the PD Zone (Lots 86-177), the CC&Rs shall contain the following provisions, in addition to the above: a. Creation of a homeowners' association to enforce the CC&Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage swales and storm drainage improvements, on -site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping lying outside of private building footprints and patios. b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motor homes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City -required provisions of the CC&Rs without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red -curbing along interior roadways as required by the City Fire Department. j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. k. All garages must be available for parking a vehicle at all times, to be enforced by the homeowners association and the City. 1. No change in City -required provisions for trash collection without prior approval by the Community Development Director. Oi / -,Q.4 Resolution No XXXX-14 Page 17 Paths/Open Space Attachment 1 68. The multi -use paths should be 12 feet in width as called for in the Specific Plan, however the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will be used by pedestrians only or where environmental conditions warrant a narrower path based on consideration of in -the -field found conditions. 69. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director. 70. Class I path crossings at "N" St. should be perpendicular to the street. A cross section should be developed to show transition of path up to the roadway crossing. A raised table -top design with decorative pavement, choke -downs, and signage shall be provided and crossing shall be designed to direct pedestrians to cross the roadway in a direct perpendicular manner. 71. Pathway extending from Open Space lot to "N" St. should be shown to cross "N" St, to "D" St. as indicated by MASP. Approved fencing or railing shall be installed at locations approved by the City to discourage pedestrians from using unapproved routes to access the open space. 72. A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical connection to the terminus of Calle Jazmin. 73. The mid -block crossing of "S" Street shall be eliminated due to its close proximity to Calle Malva. 74. The proposed bridge crossings shall provide an accessible path -of -travel in accordance with the current codes. 75. Subject to approval by the City, the subdivider shall grant the 71-acre open space Lot 178 in fee to the City prior to or concurrent with the first phase of final map recordation. If the grant deed is deferred to a future phase by mutual consent of the City and subdivider, then prior to or concurrent with the first phase of final map recordation, the subdivider shall re -offer the conservation easement over Lot 178 and said offer shall be signed by all current owners of record and beneficiaries on Deeds of Trusts. Air Quality: 76. All activities associated with construction and operation for the subdivision map shall comply at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM-10, NOx emissions, Naturally Occurring Asbestos, Best Available Control Technologies, construction activity management plans, and phasing techniques. PC 1 -"25 Resolution No.XXXX-14 Page 18 Housing Programs: Attachment 1 77. Lots 171-175 of the "condominium" lots on the revised map, to be reserved for the development of 26 affordable housing units, shall be dedicated to the Housing Authority prior to, or in conjunction with, recording the second phase of Tentative Tract 2428. Lots 176 & 177 are reserved for development of six (6) "open market" -rate condominium units. Improvement plans for Tract 2428 shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve the Housing Authority site. Additional affordable housing requirements will be required if the average residential unit size of the entire Tentative Tract 2428 exceeds 2,000 square feet as per Table 2A of the City Housing Element. Planning Requirements: 78. Bulb outs at "T" intersections need to be added to the straight leg "crossing the `T"' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 79. City Standard driveway approaches shall be provided at alley private access points to public streets to and provide adequate line of sight where red curbing would otherwise be needed. 80. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed above. 81. Guest parking spaces shall be designed so motorists can enter and exit the public street in a forward motion, in no more than 2 movements. 82. In order to be consistent with the requirements of the Margarita Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 83. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied. 84. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper design and orientation, including the provision and protection of solar exposure. 85. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. The City shall promptly notify the subdivider of any claim, action, or proceeding. P� 1-�26 Resolution No.XXXX-14 Page 19 Attachment 1 86. Proposed hillside Lots 19-57, which back up to the large open space parcel, are hereby designated sensitive sites and must comply with the Community Design Guidelines for hillside development. Individual lot development shall be subject to the review and approval of the Architectural Review Commission (ARC). Planning staff may make the determination upon submittal of complete plans if the minor or incidental architectural review process is appropriate. 87. Proposed hillside Lots 19-57 are located within a wildland/urban interface area and shall comply with all applicable local and state fire code requirements, subject to the approval of the Fire Marshal. A final fire management plan outlining fuel minimization and maintenance proposals shall be submitted along with subdivision improvement plans to the approval of the Natural Resources Manager and the Fire Department. 88. Where the finished pad elevation for a lot along the westerly and southerly boundary of this subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to it within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353, development of said higher lot within VTM 2428 shall be limited to a single story structure. In no instance shall rear yard setbacks for lots adjoining existing Chumash Village Mobile Home Park, El Camino Estates or approved TM #2353 be less than 20 feet. 89. Except as required above, the following additional conditions of approval relate to requested exceptions to standard City requirements and will apply only within the area rezoned for "PD" Planned Development Overlay: a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of-way and no less than 20 feet to the garage that has access to the public street. b. Street -side setbacks on private streets shall be no less than 5 feet to the residence and no less than 20 feet to the garage from the centerline of the private street for Lots 117 through 137; for all other lots, no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all other non -street fronting side and rear yard setbacks. c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding garages and carports, patios, decks and roof overhangs. d. Upper floor setbacks from property lines need not be more than as required for the ground floor portion of the structure. e. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet. f. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet.) g. Driveway depths for garages facing private streets shall be designed to accommodate a parking space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the common area portion of the drive or street. Variations of design to PC / -a� Resolution No.XXXX-14 Page 20 Attachment 1 meet this performance standard will be subject to approval of the Community Development Director and final plans shall be reviewed and approved by the ARC. h. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. (Ref Section 2.2.2 of the MASP.) 90. Notice of the onset of clearing or grading activities (or other activities likely to cause dust, noise or animal movements) shall be given to all owners and occupants of residential or commercial properties within 100 feet of such activity and all residents and owners within the Chumash Village Mobile Home Park. Such notice shall inform neighbors at least two weeks prior to commencement of activities such as clearing or grading which may result in dust, noise, or animal movements, that such activity is about to take place and advising that certain precautions may be taken to reduce or minimize any effects there from. 91. Prior to review by the Architectural Review Commission, the applicant shall provide specific scaled illustrations showing precise dimensions, area and locations of both private and common open space together with complete tabulations demonstrating compliance with open space requirements of Section 16.17.030. B. of the City Subdivision Ordinance. 92. Prior to review by the Architectural Review Commission, the applicant shall provide tabulations of and specific scaled site plans showing precise dimensions for all guest parking facilities within the single-family portion of the Planned Development component. Without unduly adding hardscape to the site, the amount of guest parking spaces shall be maximized to prevent overspill onto adjacent public streets and more closely meet expected demand. 93. Within the affordable housing component of the project, parking spaces shall be provided that are nearby and convenient to all units. 94. All fireplaces within the development shall be gas -supplied, rather than wood -burning. 95. To assure more functional and safe access along the minimum 24-foot wide private drive leading from "S" Street to the affordable housing component, all lots with frontages along this private drive (Lots 159 & 160, and 165 -170) shall be designed with side -loaded garages so that vehicles are not directly backing out into the private drive. Code Requirements: 1. Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuance of building permits. 2. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 3. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also p c / -a9 Resolution No.XXXX-14 Page 21 Attachment 1 require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 4. The subdivision design shall comply with the City's grading ordinance. 5. Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 6. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. An electronic file containing the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 7. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. All cul-de-sacs shall be minimum 40 foot radius. 8. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5" high x '`/2" stroke and be on a contrasting background. [UFC 901.4.4] 9. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 10. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 11. Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire -flows. PG / -� Resolution No.XXXX-14 Attachment 1 Page 22 Upon motion by Commissioner , seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 26th day of March, 2014. Doug Davidson, Secretary Planning Commission f G /' 5�) Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION VESTING TENTATIVE TRACT MAP #2428 A. INTRODUCTION This document is an Addendum to the Final Mitigated Negative Declaration (MND) that was previously prepared and adopted for the subject Vesting Tentative Tract Map (ER 98-06). The Addendum has been prepared in accordance with the relevant provisions of the California Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines as implemented by the City of San Luis Obispo. According to § 15164(b) of the State CEQA Guidelines, an addendum to an Environmental Impact Report (EIR) or Negative Declaration is the appropriate environmental document in instances when "only minor technical changes or additions are necessary or none of the conditions described in Section 15261 calling for the preparation of a subsequent EIR have occurred". Section 15162(a) of the State CEQA Guidelines states that no subsequent EIR shall be prepared for a project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. CITY OF SAN Luis OBISPO Addendum to ER 90-06 (VTM 2428-Moresco) P,�f / - 3 / Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration As described in greater detail in Section B, no changes to the previously approved Vesting Tentative Tract Map are proposed and the applicant is not proposing that the Vesting Tentative Tract Map be re -approved. While the approved Vesting Tentative Tract Map remains intact, the applicant requests revisions to the project Conditions of Approval relative to the improvement of Prado Road. Proposed revisions are the same revisions that have already been approved for Tract 2342 and that are also being proposed for the adjacent Tract 2353. These changes would defer the full extension of Prado Road east to Broad Street until future development to the east occurs. The proposed changes would also defer the full width of Prado Road to the south until development on the south side of Prado Road occurs. The proposed changes are not substantial in terms of their environmental effects, and they do not change any of the conclusions that were previously reached relative to impact significance, as evidenced by this Addendum. Generally speaking, the proposed revisions reduce impacts related to ground disturbance because the amount of road construction would be reduced, at least in the short term. Considering that the MASP relied heavily on the extension of Prado Road to Broad Street to improve traffic circulation in the area, and that this continues to be a major goal of the MASP, the issue of traffic was examined carefully. However, and as this Addendum demonstrates, the proposed revisions would not have new environmental impacts beyond those identified in the Final MND, nor would they substantially increase the magnitude or severity of impacts identified in the Final MND. This Addendum does not require circulation because it does not provide significant new information that could deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect. This Addendum includes this introduction, a description of the proposed revisions to the Conditions of Approval, and a comparison of the impacts of the proposed changes to the impacts identified in the Final MND for all environmental issues areas listed in Appendix G of the State CEQA Guidelines. The City of San Luis Obispo shall consider the Addendum with the previously adopted Final MND prior to making a decision on the Project. The Final MND is available for review at the City of San Luis Obispo Community Development Department located at 990 Palm Street in San Luis Obispo, California 93401. 1. Project Title: Vesting Tentative Tract 2428 (Request to Modify Conditions Relative to Prado Road) 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 CITY of SAN Luis OmsPo Addendum to ER 90-06 (VTM 2428-Moresco) ,PC/-.3Z Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration 3. Contact Person and Phone Number: Pam Ricci, Senior Planner (805) 781-7168 4. Project Location: The project site is a 99-acre property, located at 3000 Calle Malva in the City of San Luis Obispo. The project is located in the Margarita Area Specific Plan (MASP), and is identified as part of the "Western Enclave" of residential development envisioned by the Plan. Figure 1 illustrates the regional location of the proposed project, and Figure 2 shows the project within the local context. 5. Project Sponsor's Name and Address: Dennis Moresco 7305 Morro Road, Suite 207 Atascadero, California 93422 6. General Plan Designation/Zoning: The Margarita Area Specific Plan (MASP) designates the site for: Low Density Residential Medium Density Residential Medium Density Residential SF (detached) Open Space — Riparian Open Space — Hills 7. Zoning: The site contains several zoning districts to implement the MASP land use designations, as follows: Land Use Designation Zoning Lot #s Low Density Residential R-1-SP(Low-Density Residential -Specific Plan Overlay) 1-5, 72-80 Medium Density Residential and MDR — SF Detached R-2-SP (Medium Density Residential -Specific Plan Overlay) 6-55, 58-71 Medium Density Residential Planned Development R-2-SP-PD (Medium Density Residential -Specific Plan & Planned Development Overlays) 86-177 Medium High Density Residential R-3-SP (Medium High Density Res. -Specific Plan Overlay) 56 & 57 Open Space - Riparian C/OS-SP (Conservation/Open Space -Specific Plan Overlay) 81-85 Open Space - Hills C/OS- 40-SP (Conservation/Open S ace-40-acre min. 178 CITY OF SAN Luis OBISPO 3 Addendum to ER 90-06 (VTM 2428-Moresco) PC 1- 33 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration 8. Description of the Previously Approved Project: VTM #2428 was approved in 2007 and included a 178-lot subdivision, which was designed and processed in coordination with the two adjacent developments, described below, in order to better achieve the objectives and requirements of the MASP: • VTM #2342 (Mangano Homes) 67 lots on approximately 15 acres; located immediately south of the existing El Camino Estates residential subdivision along Margarita Avenue and east of the Rancho San Luis Mobile Home Park, generally northeast of the current easterly terminus of the City maintained portion of Prado Road, east of South Higuera Street. • VTM #2353 (Mangano Homes) 133 lots on approximately 30 acres; located immediately east of VTM #2342, adjacent to and east of the single-family development along Margarita Avenue, and south of proposed VTM #2428, the subject map. Collectively these three tract maps are referred to as the "Western Enclave" (of the MASP). Vesting Tentative Map (VTM) #2428 contains a total of 178 lots designated as follows in accordance with the MASP: • 165 lots for single family residential development (Lots 1-80, 86-170); • 7 lots designated for condominium development (Lots 171-177); within which 26 required Affordable Housing Program units will be provided on 5 of these lots (this represents the previously agreed pro-rata share of the overall Affordable Housing component for the Western Enclave; the balance of the required units will be provided within VTM #2353 (Mangano Homes) and 6 "market rate" condominium units on the remaining 2 lots (Lots 176 & 177); for a total of 32 Condominium units; • 5 lots for "Open Space -Riparian" for permanent biological protection and drainage purposes under common ownership by a Home Owners Association (Lots 81-85); and • 1 lot for "Open Space -Hills" to be dedicated to the City for permanent public access (Lot 178). Approval of a vesting tentative map confers a "vested right" to develop in substantial compliance with the ordinances, policies and standards in effect when the application was determined complete on April 2, 2007, per Chapter 16.34 (Vesting Tentative Maps) of the City's Municipal Code and Sections 66474.2 and 66498.1 of the California Government Code (Subdivision Map Act). According to the MASP, Prado Road needs to be extended from its current easterly terminus (at the southeast corner of Rancho San Luis Mobile Home Park) east to Broad Street. Further, the MASP seeks to establish this east -west connection of Prado Road between Broad Street and South Higuera Street as soon as possible. Because the three proposed tract maps represent the CITY OF SAN Luis OBISPO 4 Addendum to ER 90-06 (VTM 2428-Moresco) Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration first phase of proposed development in the MASP area, they were required to design and construct Prado Road to a minimum cross-section as agreed upon by the City Public Works Director, to provide the desired connection. As described in the MASP, one option to finance the connection is that the City will credit (or pro -rate) the design and construction costs of the agreed -upon minimum cross section against all Margarita Area impact fees to be collected with each respective development until the amount of fees equals the amount of construction costs. If the costs of the roadway exceed fee amounts, another financing mechanism, such as a facilities financing district, may be necessary to complete the project. VTM #2428 has primary access to the site from South Higuera Street through the existing El Camino Estates subdivision adjacent to the south via the planned extension of Calle Malva from Margarita Avenue. Alternate access is proposed to Prado Road through planned street connections within the two proposed adjacent developments of the Western Enclave (VTM #2342 and VTM #2353). The location of these accesses to the site as well as other proposed streets to complete circulation internal to the subject subdivision, are all located in accordance with the Circulation Plan of the adopted MASP. VTM #2428 also includes 12' Class I shared pedestrian/bicycle paths within Open Space Lots 82 and 83 with roadway crossings at `N' Street for connection to the Open Space Lot 178 and its established trail system along the South Hills. These bikeways may be narrowed in specified locations based upon recommendations by the City Natural Resource Manager in order to accommodate protection of or avoidance of interference with special concern species, in accordance with the stipulations of Biological Mitigation Program for compliance with MASP/AASP EIR mitigation. Five open space lots are included for multiple purposes, including biological and drainage mitigation. These lots are sized so as to accommodate the natural drainage swale and appurtenant setbacks for buffer protection. As specified in the MASP, the Affordable Housing objectives of the plan will be achieved by two separate parcels within the Western Enclave in order to provide a total of 47 units; Lots 171- 175 of the subject map will provide 26 of these required 47 units. These lots are proposed for dedication to the San Luis Obispo County Housing Authority or equivalent entity once the units are built. Lot 105 of approved VTM #2353 ((Mangano Homes) will accommodate the other 23 units in similar fashion, on a lot to be dedicated to the Housing Authority or equivalent once the units are built. 9. Proposed Amendments to VTM #2428 Conditions of Approval: The proposed modifications to the Conditions of Approval for VTM #2428 are being considered in coordination with modifications to the Conditions of Approval for VTM #2342 and VTM #2353. Together, the revised Conditions of Approval would establish a revised "delivery plan" for Prado Road. In February 2013, the City Council approved a request by the applicant for the adjacent VTM #2342 to modify the conditions of approval so that the tract develops a minimum two lanes of Prado Road, including bike lanes, sidewalk, and median, to the first roundabout at Road "A". CITY OF SAN Luis OBISPO Addendum to ER 90-06 (VTM 2428-Moresco) )9C / - aS Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration The roadway to the roundabout would contain full improvements including a median and frontage improvements on the north side abutting VTM #2342. The frontage improvements on the south side of Prado Road would be completed at a later time with the development of the adjacent approved 20—acre Business Park site. Beyond the roundabout, the street section would be designed to transition back to the existing street improvements and then be modified when VTM #2353 commences. Since approval of VTM #2428 in 2007, construction of the tract has not proceeded, and the site remains vacant. The project applicant is requesting modifications to the conditions of approval consistent with the modified Prado Road delivery plan conditions for VTM #2342. This includes deletion of the unit triggers for any improvements to Prado Road beyond M Street, development of two lanes of Prado Road along the tract frontage, and phasing of improvements to Prado Road in two phases. VTM 2428 does not have frontage on Prado Road but it would contribute proportionately to the cost of its construction. 10. Surrounding Land Uses and Settings: The project site is located at 3000 Calle Malva, which is off of Margarita Avenue east of its junction with South Higuera Street. The site lies adjacent to and immediately east of the Chumash Village Mobile Home Park. A variety of low intensity commercial uses front South Higuera Street and the south side of Prado Road west of the Western Enclave frontage. The subject site is currently vacant and lies generally along the lower, flatter slopes of the South Street Hills within an area designated in the MASP/RASP EIR as primarily "Serpentine Bunchgrass Grassland" (in the upper slopes) with some smaller areas of "Annual Grassland" and "Perennial Grassland with patches of Valley Needlegrass Grassland" plant communities on the lower portions of the site. The site transmits area runoff through three channels or swales well- defined enough to be designated by the MASP as "Open Space -Riparian" and proposed for preservation in their natural state within the subdivision. These drainages also contain habitat for several special plant and animal species and will be preserved in "open space" lots to contribute to a "regional drainage plan" and "biological mitigation program" devised for this and two other Western Enclave developments proposed in coordination with the subject project. Lands to the east and south also lie within the MASP and are currently used agriculturally or are undeveloped. 11. Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): Air Pollution Control District (Permit to Construct, Permit to Operate) Regional Water Quality Control Board (NPDES permit -including Phase II & SWPPP) California Department of Fish and Game U.S. Army Corps of Engineers 12. Previous Environmental Review `ate CITY OF SAN Luis OeIsPO Addendum to ER 90-06 (VTM 2428-Moresco) PC 6 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration On October 12, 2004, the San Luis Obispo City Council adopted the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plan Prior to taking such action, and Council certified a Final Program Environmental Impact Report (EIR) prepared for the Plans (herein after MASP EIR). Then, a Tiered Mitigated Negative Declaration (Tiered MND) was prepared and adopted when Tract 2428 was previously approved in 2007. It is this latter document to which this Addendum pertains. Both of these prior documents, incorporated herein by reference, are available for public review at the City of San Luis Obispo Community Development Department located at 990 Palm Street, San Luis Obispo, CA 93401. The following excerpt from the MASP EIR is helpful in understanding its relationship to subsequent documents: "The State CEQA Guidelines (Section 15168) encourage agencies to use a program EIR in certain circumstances involving the implementation of a series of related projects. Use of such a document allows the lead agency (in this case, the City of San Luis Obispo) to characterize the overall plan or program as the project being approved at the time and to consider broad policy alternatives and program -wide mitigation measures early in the plan development and facilities planning effort. This approach also avoids duplicative consideration of policies when future portions of the project are evaluated. This EIR contains analysis, at a program level, of the basic issues that will be used in conjunction with subsequent tiered environmental documents for specific projects related to the proposed Airport Area Specific Plan, the Margarita Area Specific Plan, and related facilities master plans. Once these plans are adopted by the City of San Luis Obispo (City), the basic policy issues will not need to be revisited by subsequent (second -tier) documents. However, in many cases, actual development of these plans will involve subsequent CEQA review. " Section 15152 of the State CEQA Guidelines provides for tiering, as follows: "Tiering refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. " The current request for modifications to Conditions of Approval does not trigger any of the Section 15162 requirements for subsequent environmental review. Accordingly, this Addendum takes into account and accepts the environmental conclusions of the prior CEQA documents, where no changes are being proposed. No changes are being proposed within the boundaries of Tract 2428 and so no new environmental review is being conducted for impacts within the boundaries of Tract 2428. As such, mitigation measures adopted as part of the MASP EIR and Subsequent Tiered MND remain in effect and are still applicable to the project (although some mar CITY of SAN Luis OBISPO 7 Addendum to ER 90-06 (VTM 2428-Moresco) PGI-37 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration have been incorporated by the applicant into the project design, making the project "self - mitigating" in these instances). Section 15164 of the CEQA Guidelines allows a lead agency to prepare an addendum to a previously adopted Negative Declaration if only "minor technical changes or additions" have occurred in the project description since the initial study was originally prepared. In this case, no changes in the project description are being proposed. The only changes being proposed are with regard to the phasing of road improvements along Prado Road which do not introduce new potentially significant impacts, or increase the severity of previously -identified impacts. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The proposed Revisions to Conditions of Approval affect the conclusions contained in the Final MND as follows: Section I — Aesthetics The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. Since adoption of the MASP, the project site remains undeveloped but it has been approved for development. Adjacent properties to the south have also been approved for development consistent with the MASP, and one of those properties (Tract 2342) is currently under construction. The subject Tract 2428 contains similar uses and densities as these other two "WE" Tracts, but it includes far more open space. Lots 81, 82, 83, 84, and 85 contain riparian corridors that will be preserved in open space, except for the planned trails and footbridges. Lot 178 is 71.31 acres and contains the upper slopes of the South Hills. It too will be preserved in open space with hiking trails that circle the ridge and connect to the riparian trails. Build -out of the MASP area will have a significant and unavoidable impact on visual resources, and the subject Tract 2428 will contribute to the impact, but it also includes substantial "self - mitigating" components, such as the open space and the good design. In addition, the City's General Plan Land Use Element, Conservation and Open Space Element, Circulation Element, Community Design Guidelines, and Zoning Ordinance contain policies and development standards that will apply to the proposed project, all of which effectively serve to protect public views. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on aesthetic resources nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. During this interim period, visual impacts would be reduced. However, mitigation measures from the Final MND would still apply for the control of light and glare. CITY OF SAN Luis OBISPO 8 Addendum to ER 90-06 (VTM 2428-Moresco) Pc 1-36 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration Section II — Agricultural Resources According to the MASP EIR and the most recent (2010) Important Farmland Maps, the Margarita Area (including the Western Enclave area) does not contain any lands in the stated categories as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. In addition, there is no agricultural zoning or Williamson Act Contract in effect on the subject site, and the site does not contain forest lands. However, the MASP area was historically farmed (and grazed) and its conversion to urban uses would preclude future agricultural use. The impacts of conversion of these lands to non-agricultural uses have already been evaluated both in the environmental documents for the City's Land Use and Circulation Elements and the MASP EIR as significant, irreversible, adverse impacts that could not be mitigated and the necessary Statement of Overriding Considerations was adopted (Resolution No. 9615 (2004 Series) pursuant to CEQA. Nevertheless, the MASP includes provisions that ensure the preservation of significant open space areas, much of which would remain in a natural state. To this extent, developments that comply with the MASP (such as Tract 2428) are "self -mitigating." No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on agricultural resources nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, agricultural impacts would be reduced. Section III — Air Quality The Final MND evaluated short-term impacts, which are impacts related to construction, and operational impacts, which are impacts that would continue for the life of the project. While the estimated construction emissions were determined to be below the SLOAPCD thresholds, standard mitigation measures were required because sensitive receptors are located within 1,000 feet of the project site. Accordingly, Mitigation Measures AQ-1 and AQ-2 were required to reduce fugitive dust, ozone precursors, and diesel particulate matter emissions. Area source and operational emissions were also determined to be below SLOAPCD thresholds for ROG, NOX, CO, SOX, PM10, and PM 2.5. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on air quality nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. Project revisions would reduce short term impacts, CITY OF SAN Luis OBISPO Addendum to ER 90-06 (VTM 2428-Moresco) PC / -3 9 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build - out of the MASP. Section IV — Biological Resources The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The MASP EIR conducted extensive biological resource impact analyses, including site -specific surveys for the Western Enclave properties during the winter, spring, and summer of 2005. As a result of these surveys, performance standards to avoid, minimize, or compensate for the impacts are set forth in Mitigation Measure BIO-6.1. This mitigation measure still applies to the project. Since adoption of the MASP, the project site remains undeveloped; however, the site has been approved for development, as have the adjoining properties to the south. One of the properties to south (Tract 2342) is currently under construction, as mentioned above. There have been no substantial changes in species composition in the area since the earlier surveys were conducted, as evidenced by a recent Biological Site Condition Consistency Analysis by Althouse and Meade (July 30, 2013) and review of sensitive habitat and species records for the project site and vicinity with the California Department of Fish and Wildlife Natural Diversity Database (accessed on January 9, 2014). No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on biological resources nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, biological impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. Section V — Cultural Resources The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The cultural resource analysis was based on a Phase I surface survey for archaeological resources conducted by Heritage Discoveries, Inc. of San Luis Obispo, CA for the entire Western Enclave area (report dated May 31, 2005). Two sites were identified on Tract 2353 but there was no evidence of cultural resources on Tract 2428. Since adoption of the MASP, the project site remains undeveloped; however, the site has been approved for development, as have the adjoining properties to the south. A recent records search (January 9, 2014) revealed that no additional sites have been recorded on the site or in the project area since the earlier report was prepared. CITY OF SAN Luis OBISPO 10 Addendum to ER 90-06 (VTM 2428-Moresco) pc 1-4 0 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on cultural resources nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, cultural resource impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. Section VI — Geology and Soils The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. Since adoption of the MASP, the project site remains undeveloped; however, the adjoining properties to the south are now under construction. There have been no changes to the geology and soils of the area, as there have been no activities on the Tract 2428 site that could have caused such changes. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on geology and/or soils nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, geology and soils impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. However, mitigation measures form the Final MND would still apply for hazard minimization. Section VII — Greenhouse Gas Emissions In 2008, the City of San Luis Obispo conducted a baseline emissions inventory. In August 2012, the City of San Luis Obispo adopted a Climate Action Plan (2012 CAP) for reducing greenhouse gas emissions. The 2012 CAP is a strategic document, based on the concept that local governments are well positioned to develop and implement locally effective strategies to reduce GHG emissions. The CAP includes a GHG emissions reduction target and emissions reduction strategies designed to help the City achieve that target. The adopted target is a reduction of communitywide emissions to 1990 levels by 2020, consistent with AB 32. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would CITY OF SAN Luis OBISPO 11 Addendum to ER 90-06 (VTM 2428-Moresco) Pc 1-41 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration not alter the project's impact related to emissions nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, emissions impacts would be reduced compared to the existing Conditions of Approval, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. The proposed revisions to the timing of Prado Road improvements would not have the potential to increase energy use, vehicle trips or any other potential source of greenhouse gas emissions. The deferred connection of Prado Road to Broad Street would increase the average vehicle miles traveled (VMT) because trips to easterly destinations would have to begin in a westerly direction to South Higuera Street. This slight and temporary increase in VMT is well within the buildout scenario that was evaluated in the MASP EIR. Upon buildout of the MASP, Prado Road would be connected to Broad Street as planned. Section VIII — Hazards and Hazardous Materials The MASP EIR and subsequent MND determined that historical oil production, agricultural activities and surrounding industrial activities of the Margarita Area may have released hazardous materials into the environment. Hazardous materials releases may have involved leaking underground or aboveground storage tanks, or similar events from other nearby properties that store or handle hazardous or toxic materials. Construction -related and ground disturbing activities may involve the use of materials that could contaminate nearby soils and water resources in the project area. Existence of such potential hazards could cause construction workers and other people to be exposed to dust or emissions containing such hazardous materials or to organic pesticides, herbicides, and other hazardous materials. The project site is not located on the hazardous materials site list compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment (Environmental Data Resources, Inc. Inquiry # 3827270.3, January 9, 2014). There are two potentially contaminated sites within 0.5 miles of the subject site. The nearest site is in the westerly portion of Tract 2342. This site was impacted by a crude pipeline removed in the 1930's that used to transport oil to the former San Luis Obispo Tank Farm located to the south of the property. Site assessment work has been completed and the Regional Water Quality Control Board has recommended closure but limited remnant hydrocarbons still occur at depths between 5 and 15 feet, which presents a low risk to groundwater quality. The other site is approximately 3,000 feet from the subject property at 277 Granada Drive, where minor spills of hazardous waste have occurred. Both of these sites are at a lower elevation than Tract 2428 and do not pose a risk to the subject property. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on hazards or hazardous materials nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and �"A CITY OF SAN Luis OBISPO 12 Addendum to ER 90-06 (VTM 2428-Moresco) PG / - ¢Z Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration there have been no changes in circumstances. The revised conditions would defer both the full east -west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, hazards and hazardous materials impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. Section IX — Hydrology and Water Quality The project site is located within the San Luis Obispo Creek Watershed, which drains an area of approximately 84 square miles, including the City of San Luis Obispo and its surrounding hills, mountains, and valleys. The watershed generally drains to the south- southwest via San Luis Obispo Creek where it meets the Pacific Ocean at Avila Beach. Locally, the drainage from Tract 2428 is flows through the adjacent Tract 400 and Tract 2353, where it is intercepted by streets and storm drains and conveyed to detention basins prior to entering San Luis Obispo Creek. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on hydrology and water quality nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east -west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, hydrology and water quality impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. Section X — Land Use and Planning The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. As mentioned above, there are several MASP Land Use designations on the subject property, including Low and Medium Density Residential, Medium High Density Residential and Open Space. When Tract 2428 was approved in 2007 it was found to be consistent with the MASP. To be approved, the proposed revisions to the Prado Road improvements must also be found consistent with the MASP and, if consistent, the project would serve to implement the MASP. No Substantial Changes or New information of substantial importance. The applicant proposes no changes to lot sizes, lot configurations, densities or uses that would potentially conflict with the MASP or any other planning goals or policies. Furthermore, the applicant is not proposing that the MASP be amended relative to the planned connection of Prado Road to Broad Street. The proposed revisions only relate to the timing of the Prado Road connection in light of information that has become available since the MASP was adopted and since the original CITY OF SAN Luis OBISPO 13 Addendum to ER 90-06 (VTM 2428-Moresco) Pc /-43 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration approval of Tract 2428. The new information pertains to the economy and changed ownership patterns and does not change the project's impact on land use. Section XI — Mineral Resources The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. According to the City's Conservation and Open Space Element (2006), quarries and mines in the San Luis Obispo area previously produced basaltic stone, "red rock," and cinnabar. However, mining is no longer permitted within the City, pursuant to Section 17.08.070 of the Zoning Regulations. No Substantial Changes or New information of substantial importance. The proposed revisions to Tract 2428 occur within the "footprint" that was previously considered for development and would not alter the project's impact related to mineral resources nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east -west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, mineral resource impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. Section XII — Noise The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The prior MND concluded that the project would not have significant impacts related to noise provided that all of the mitigation measures identified in the MASP EIR were included. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impacts related to noise nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The revised conditions would defer both the full east - west extension of Prado Road to Broad Street and the full north -south width of Prado Road until such time as future development with the MASP occurs. In the interim, noise impacts would be avoided or reduced compared to the existing Conditions of Approval. Project revisions would reduce short term impacts, because there would be less roadway construction. Operational impacts would remain the same, as the applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. As discussed in Section VII above, the deferred extension of Prado Road to Broad Street would temporarily shift all traffic associated with the project to the west, as quantified in the recent Traffic Study (Attachment Q. However, the traffic volumes associated with the project, and the entire Western Enclave, are less than the volumes associated with full buildout of the Margarita and Airport Specific Plans which, even CITY OF SAN Luis OBISPO 14 Addendum to ER 90-06 (VTM 2428-Moresco) pG i —44 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration with the full extension of Prado Road, would exceed the temporary shift in traffic patterns caused by the deferment of the Prado Road extension to Broad Street. Noise impacts caused by the proposed revisions would not differ or exceed the noise impacts that were previously analyzed and found to be less than significant. Section XIII — Population and Housing The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The Regional Housing Needs Plan (RHNP) prepared by the San Luis Obispo Council of Governments (SLOCOG) identified a future housing need in the City of 1,589 new dwelling units for the period of 2007 to 2015 (SLOCOG, 2008). The City's General Plan is required to provide adequate sites for the 1,589 units to be in compliance with state law. The City's updated 2010 Housing Element reflects the RHNP goals for housing needs. Build -out of the residential component of the MASP serves to implement the City's housing goals and Needs Plan. No Substantial Changes or New information of substantial importance. The proposed revisions are within the "footprint" that was previously considered for roadway development and would not alter the project's impact on population or housing nor have the potential to change any of the conclusions previously reached when Tract 2428 was originally approved in 2007, and there have been no changes in circumstances. The applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. The revised timing plan for Prado Road improvements would not alter uses or densities within the project, or otherwise impact population or housing. Section XIV — Public Services The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The City provides police, fire, parks and recreation, schools, sewage treatment, storm drains, water supply, and solid waste disposal services funded in part by impact fees that will be paid by new development, including the proposed project. Police, fire, roads, and utilities staff have been consulted as part of the normal review process to confirm that adequate facilities are in place to serve the project and that proposed revisions, including deferral of the full extension of Prado Road to Broad Street, would not result in substandard response times, inadequate access, or other unsafe conditions. No Substantial Changes or New information of substantial importance. The revised timing plan for Prado Road improvements would not alter the size or location of the project, or otherwise affect its impact on public services. Section XV -- Recreation The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The City of San Luis Obispo Parks & Recreation Department is responsible for managing and maintaining the City's six mini parks, ten CITY OF SAN Luis OBISPO 15 Addendum to ER 90-06 (VTM 2428-Moresco) PC ,-4s Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration neighborhood parks, and seven community parks. A wide variety of recreational activities can be conducted at these facilities, including baseball, softball, football, tennis, jogging, swimming, skateboarding, disc golf and other passive recreational sports. Upon build -out of the MASP, additional open space areas, trails, sports fields, parks and playgrounds will be available to the public. No Substantial Changes or New information of substantial importance. The proposed revisions to the timing of Prado Road improvements would not have new of potentially more severe impacts related to recreation. The applicant proposes no changes to the Vesting Tentative Tract Map or to the ultimate build -out of the MASP. Therefore, the proposed revisions would not have recreation impacts that differ from those previously evaluated. Section XVI -- Transportation/Traffic The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. Automobiles are the primary form of non-commercial regional transportation serving San Luis Obispo. U.S. Highway 101 is the region's principal access corridor, linking San Luis Obispo with the metropolitan areas of Los Angeles and San Francisco. In addition, State Routes 1 and 227 are routes of regional importance, which connect San Luis Obispo with other destinations in the county, including Arroyo Grande and Morro Bay. The MASP EIR concluded that the project will increase traffic in the area, but that it would not exceed the established acceptable level of service (LOS) threshold (adopted at LOS "D" by the City General Plan). However, when the Airport Area Specific Plan was adopted by the City Council, almost a year after the adoption of the MASP, it was determined that the Level of Service (LOS) at the intersection of Prado Road and South Higuera Street could decline from LOS "D" to LOS "E". As a result, Resolution No. 9726-2005 required additional mitigation (Mitigation Measure T-2.1) to lessen impacts at this intersection. This mitigation lowered the threshold for Transportation Demand Management (TDM) requirements to apply to employers with 25 or more employees. Commercial development within the MASP area would be subject to this reduced threshold, however Tract 2428 does not include a commercial component. Finally, the MASP EIR assumed that Prado Road would be extended to Broad Street upon build - out of the western enclave tracts, and it relied on that assumption in order to make conclusions about traffic impacts. Considering that the current request would defer the full extension of Prado Road, a new traffic study was prepared to focus on the potential impacts of such a deferment. The new traffic study was performed by Central Coast Transportation Consulting dated January 6, 2014 (attached), to consider the potential impacts of this deferment from both a project -specific perspective and cumulative perspective. Scenario A, the project -specific analysis, evaluates potential impacts when western enclave traffic is added to existing traffic volumes. Scenario B, the cumulative analysis, also factors in other approved/pending/ reasonably foreseeable development in the area. Table 4 Projected Increases in Traffic Volumes CITY OF SAN Luis OeIsPO 16 Addendum to ER 90-06 (VTM 2428-Moresco) P C 1-,0 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration Segment Existing Scenario A Scenario B Margarita Avenue 1,190 2,900 2,900 Prado Road 3,302 6,100 7,500 South Street 14,854 15,300 17,300 Tank Farm Road 19,576 1 20,100 23,700 The study then analyzes the impact that this additional traffic would have on South Higuera Street intersections (at South Street, Madonna, Margarita, Prado and Tank Farm), since a portion of the project -generated traffic would no longer be diverted to Broad Street. Although traffic volumes would increase at these intersections (especially under Scenario B), the intersections would all still function at an acceptable Level of Service (except Prado and South Higuera as discussed above). South Street would exceed its daily volume threshold by approximately 15 percent, but this not expected to result in a breakdown in flow, but rather there would be fewer gaps for turning traffic and pedestrians crossing South Street between Broad Street and South Higuera Street. No Substantial Changes or New information of substantial importance. Although the conclusions of the recent traffic study are similar to the conclusions of earlier studies, additional recommendations were provided. Because no new potentially significant impacts were identified, the recent study concludes that all mitigation measures previously identified in the MASP/AASP should be carried forward and applied to this project (except for the requirement that Prado Road be extended to Broad Street). In addition, the recent study recommends that the City amend traffic impacts fees to include the cost of rectifying identified deficiencies, and that western enclave projects pay the amended traffic impact fees. Following are the additional traffic recommendations from the recent traffic study: The Western Enclave projects shall pay the amended Traffic Impact Fee as their fair share contribution to the deficiencies identified in this report. If at the time of building permit issuance the City's TIF has not been amended to accommodate these projects, or Prado Road has not been connected to Broad Street, the Western Enclave project applicants will be responsible for paying a pro rata share of said improvements subject to approval of the City's Public Work Director. • South Higuera Street/South Street: the City should implement the planned westbound left turn lane extension and associated left turn prohibition to/from Parker Street. • South Higuera Street/Madonna Avenue: the City should monitor traffic operations at this location and evaluate the need and feasibility of converting a northbound through lane to a second northbound left turn lane. • South Higuera Street/Prado Road: the City should amend the Traffic Impact Fee to include the second northbound left turn lane at this location. The City should enter into a cost sharing agreement with the Western Enclave applicants to re -stripe the southbound left turn lane and install pedestrian countdown heads at this intersection. CITY OF SAN LUIS OBISPO 17 Addendum to ER 90-06 (VTM 2428-Moresco) p6 1 -47 Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration South Higuera Street/Tank Farm Road: the City should amend the Traffic Impact Fee to include the second southbound left turn lane at this location. Margarita Neighborhood: the previously adopted Condition of Approval requiring monitoring of traffic conditions or a one-time Neighborhood Traffic Management contribution should be included in the revised Conditions of Approval. These recommendations are not required in order to avoid a significant adverse impact on the environment. In fact, most are directed at the City rather than the applicant. The three Western Enclave development projects are not directly responsible for the construction of off -site intersection improvements except through payment of City adopted Traffic and Development Impact Fees which contribute their respective calculated fair share of the cost. Traffic impact fees are payable upon the issuance of building permits. If the City updates fees prior to the issuance of building permits, the higher fee would have to be paid. All of these improvements to existing intersections are minor, would occur in areas that were previously disturbed and would not result in additional environmental impacts. Finally, the project incorporates and complies with MASP provisions for bikeways and pedestrian facilities. Proposed Prado Road modifications would retain the bike lane and sidewalk. Internal streets within Tract 2428 would also include sidewalks and the open space lots that traverse the proposed project would include trails. Section XVII -- Utilities and Service Systems The MASP EIR and Subsequent Tiered MND describe the physical and regulatory setting of the MASP area and surrounding areas. The City's wastewater collection system and Water Reclamation Facility (WRF) is managed by the Utilities Department, and the City Utilities Department provides water service throughout the City. The City's stormwater drainage system is a separate system that collects surface runoff and conveys it to community retention basins, such as parks, local lakes, and creeks. In this case, some of the runoff from Tract 2428 will be conveyed to compensatory mitigation basins wherein wetlands will be created and maintained by a Master Homeowners Association. The regional waste collection facility is Cold Canyon Landfill, located approximately six miles south of the City on Highway 227. The San Luis Garbage Company is the sole provider of solid -waste collection services in the City. The Pacific Gas & Electric Company (PG&E) supplies electricity to consumers in the vicinity of the project area, and natural gas is supplied to City residents by the Southern California Edison Gas Company. The MASP EIR determined that implementation and build out of the MASP will not result in any significant impacts related to water supply, wastewater collection or treatment, or storm water drainage/retention and concluded that mitigation was unnecessary. Impact fees, connection fees and usage charges offset the cost of providing these services. No Substantial Changes or New information of substantial importance. The proposed revisions to the timing of Prado Road improvements would not have new or potentially more severe impacts related to utilities. The applicant proposes no changes to the Vesting Tentative Tract CITY OF SAN Luis OBISPO 18 Addendum to ER 90-06 (VTM 2428-Moresco) A n � - 4o Proposed Revisions to Conditions of Approval Relative to Prado Road Attachment 2 Vesting Tentative Tract Map 2428 (Moresco) Addendum to Final Mitigated Negative Declaration Map or to the ultimate build -out of the MASP. Therefore, the proposed revisions would not have utilities impacts that differ from those previously evaluated. DETERMINATION In accordance with Section 15164 of the CEQA Guidelines, the City of San Luis Obispo has determined that this Addendum to the Final MND is necessary to document changes that have occurred since the initial study was originally prepared. The County has reviewed and considered the information contained in this Addendum in its consideration of the Mitigated Negative Declaration and finds that the preparation of a subsequent MND is not necessary. Attachments: Attachment A: Adopted Mitigated Negative Declaration ER 90-06 Attachment B: Biological Consistency Analysis by Althouse and Meade, July 30, 2013 Attachment C: Traffic Study by Central Coast Transportation Consulting, January 6, 2014 Under Separate Cover: MASP/AASP EIR CITY OF SAN Luis OBISPO 19 Addendum to ER 90-06 (VTM 2428-Moresco) Attachment A Adopted Mitigated Negative Declaration ER 90-06 PG / --5r0 Community Development Department • 919 Palm Street, San Luis Obispo, CA 93401.3218 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER # 98-06 I. Project Title: Planned Development Retioning and Revised Vesting tentative Map #2428 (King) 2. I..ead Agency Name and Address: City ofSan Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401-3249 3, Contact Person and Phone Number: Pam Ricci, Senior Planner Mary Beatie, Senior Planner (Contract Planner) City of San Luis Obispo TPG Consulting, Inc. 805-781-7168 222 N. Garden Street, Suite #100 Visalia, CA 93291 559-739-8072 4. Project Location: 3000 Calle Malva, San Luis Obispo, consisting of approximately 99 acres. (Please refer to Attachment I "Western Enclave Projects Vicinity Map ".) 5. Project Sponsor's Name and Address: Owner: John E. and Carole E. King 290 Pismo .Street San Luis Obispo, CA 93401 Applicant: John D. & Carole E. King 6. General Plan Designation: The Land Use Element of the City General Plan designates the site for: Low Density Residential wM CITY OF SAN Luis OBISPO 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) r� 1 )(l �1ldN'fS A vD SFaI'ItiUS1CLt)LtiER\IAC':AI,SF•."i-I'IN(;S1T}'41YpR1I2Y In I[ KNI t } it ESIOt K2O%FINAI. ]NITIAI. S"rUDY To CITY $-t-0l.t)OC The City of San Luis Obispo Is corrm;tted to Include the disabled in all of its services, programs and activities. Ta iecommurncatlons UeV3Ce fortt1e Deal {8U5) 781-79tU. Medium Density Residential Open Space -Riparian Open Space -Hills The Margarita Area Specific Plait (MASP), which supersedes the land Ilse Element designates the site,for the following land uses: Low Density Residential Medium Density Residential Medium Density Residential SF (detached) Open Space — Riparian Open Space — Hills 7. Zoning: The site contains several zoning districts to implement the MASP land use designations, as follows: Applies to Land Use Designation Zoning VTM Lot #s Low Density Residential R-1-SP (Low -Density Residential -Specific Plan Overlay) 1-5, 72-80 Medium Density Residential R-2-SP (Medium Density Residential -Specific Plan Overlay) 6-55, 58-71, and MDR — SF Detached 86-177 Medium High Density Resi- R-3-SP (Medium High Density Res. -Specific Plan Overlay) 56 & 57 dential. Open Space -Riparian C/OS-SP (Conservation/Open Space -Specific Plan Overlay) 81-85 Open Space- Hills C/OS- 40-SP (Conservationl0pen Space-40-acre min.) 178 8. Description of the Project: The proposed project consists of requests,for two entitlements: A,) A Change of Zone from "R-2-SP" and "C/OS-SP" to "R ?-SP-PD" (adding Planned Development Overlay) and "CIOS-SP-PD" (adding Planned Development Overlay) over the roughly 11-acre central portion of'the property. B.) Revised Vesting Tentative Map #2428 to create a 178-lot subdivision on a roughly 99-acre property. The objective of these two entitlement requests is to enable achievement of a higher density of development as envisioned by and consistent with the MASP than what would have been achieved by the prior VTM #2428 submittal. (For further information regarding the prior submittal, please reference file no. TR-ER #65-06 at the City of San Luis Obispo Community Development Department.) The proposed Revised VTM #2428, also proposes to maintain coordination with two adjacent 1`M CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTI'M #2428-King) CADUc,MENTSAND SE'171NG5; SLOUSGR11.,f.X.'\t.SF1II.NGs`` jwP.)KARYINJERNIS(Ru-- OLK20TINAL.INITIAI.S1UDY'mCITY5-1-07.CX)C PC / -s� 0 i vesting tentative maps, already approved, as described below, in order to better achieve the objective and requirements of the MASP: • VTM #2342 (Cowan/French) proposing 67 lots on. approximately 15 acres; located immediately south of the existing 1a'1 Camino Estates residential subdivision along Margarita Avenue and east of the Rancho San Luis Mobile Hon'te Park, generally northeast of the current easterly terminus of the City maintained portion of Prado Road, east of South Higuera Street. • VTM #235 (Sierra Garden.slDeBlauw) proposing .133 Lots on approximately 30 acres; located immediately east cif' VTM #2342, adjacent to and east of the single- amily development along Margarita Avenue, and .south of proposed VTM #2428 (King), .subject map. Collectively these three tract map proposals are referred to as the "Western Enclave" (of' the MASP.) The proposed revised vesting tentative map VTM #2428 shows a total of 178 lots designated for uses in accordance with the overlaying land use designations of the MASP, and assuming the approval of the requested Planned Development overlay zone, as follows: • 16-5 lots for single family residential development (Lots 1-80, 86-170 ) • 7 lots designated for condominium development (Lots 171-177); within which 26 required Affordable Housing Program units will be provided on 5 of these lots (this represents the previously agreed pro-rata share of the overall Affordable Housing component for the Western Enclave; the balance of the required units will be provided within VTM #23.53 (Sierra GardenslDeBlauw) and 6 "market rate" condominium units on the remaining 2 lots (Lots 176 cic 177); far a total of 32 Condominium units. • 5 lots for "Open Space -Riparian" for permanent biological protection and drainage purposes under common ownership by a Home Owners Association (Lots 81-85), and • 1 lot for "Open. Space -Hills" to be dedicated to the City for permanent public access (Lot 178.) Approval of a vesting tentative map confers a "vested right" to develop in substantial compliance with the ordinances, policies and standards in effect when the application was determined complete on April 2, 2007, per Chapter 16.34 (Vesting Tentative Maps) of the City's Municipal Code and Sections 66474.2 and 664.98.1 of the California Government Code (Subdivision Map Act). In order to obtain public road access, and as required by the MASP, Prado Road needs to be extended from its current easterly terminus (as a public roadway) from approximately the southeast corner of Rancho San Luis Mobile Home Park, east to Broad Street. A priority goal of the MASP is to establish the east -west connection of Prado Road between Broad Street and South Higuera Street at the earliest possible stage of development. Because the three proposed tract maps represent the first phase of proposed development in the MASP area, they are required to design and construct Prado Road to a minimum cross-section as agreed upon by the CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) CADc)CLIMEN'I'S AND IN7'FRNH"i' I'ILFS\OLK20\FINAL. INITIALSTUDY'ro CrrY 5-1-07.Doc: PC / —S3 0 0 City Public Works Director, to provide the desired connection. According to the MASP, one option to finance the connection is that the City will credit (or pro -rate) the design and construction costs of the agreed -upon minimum cross .section against all Margarita Area impact fees to be collected with each respective development until the amount of fees equals the amount of construction casts. If the costs of the roadway exceed fee amounts, another financing mechanism, such as a facilities financing district, may be necessary to complete the project. Revised VIM #2428 neap proposes primary access to the site from South Higuera. Street through the existing El Camino Estates subdivision adjacent to the south via the planned extension of Calle Malva from Margarita Avenue. Alternate access is proposed to Prado .Road through planned street, connections within the two proposed adjacent developments of the Western Enclave (VIM #2342-Cowan, and #2353-DeBlauiv). The location of these accesses to the site as well as other proposed streets to complete circulation internal to the subject subdivision, are all located in accordance with the Circulation Plan of'the adopted MASP. Also proposed are 12' Class I shared pedestrian/bicycle paths within Open Space Lots 82 and 83 with roadway crossings at 'N' Street for connection to the Open Space Lot 178 and its established trail sy.stent along the South. Hills. These bikeways may be narrowed in specified locations based upon recommendations by the City Natural Resource Manager in order to accommodate protection of or avoidance of interference with special concern .species, in accordance with the stipulations of Biological Mitigation Program for compliance with MASP/AASP EIR mitigation. Five open space lots are also proposed for the multiple purposes of biological and drainage mitigation. These lots are ,sized so as to accommodate the natural drainage swale and appurtenant set-backs.for buffer protection. As specified in the MASP, the Affordable .Housing objectives of the plan are to be achieved by two separate parcels within the Western Enclave in order to provide a total of 47 units; Lots 171-175 of the subject map are proposed to provide 26 of these required 47 un.its. These lots are. proposed for dedication to the San Luis Obispo County housing Authority or equivalent entity once the units are built. Approved VIM #2353 (DeBlauw) will accommodate the balance of the required units in similar fashion, on a lot or lots to be dedicated to the Housing Authority or equivalent once the units are built. 9. Surrounding Land Uses and Settings: The project site, 3000 Calle Malva, is located generally in the southern part of San Luis Obispo. The site is situated north of' the northerly termini of Calle Malva and Calle Jazinin extending from El Camino Estates, the existing single family development along Margarita Avenue off South Higuera Street. The subject site also lies adjacent to and immediately east of the Chumasli Village Mobile Home Park which also fronts on South Higuera Street. A variety of'low intensity, commercial uses front South Higuera Street and along the south side of Prado Road west of the Western Enclave frontage. The currently vacant site lies generally along the lower, shallower slopes of the South Street Hills within an area designated in the MASP/AASP EIR as primarily CITY OF SAN Luis OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:1D(X 1-h11 :ITS AND SFT17N6S\TE�7P0RARY 1.NTF.RNiiT I^I1,P.s1nLK20\FINAL INITIAL STUDY TO CITY 5-I-07.rX.)C "Serpentine Bunchgrass Grassland" (inthe tipper slopes) with some smaller areas of "Annual Grassland" and "Perennial Grassland with patches of Valley Needlegrass Grassland" plant communities in the lower areas of the site. The site transmits area rungff through three channels or swales fairly well -enough defined as to be designated by the MASP as "Open Space - Riparian" and proposed for preservation in their natural state within the subdivision. These drainages also contain. habitat for .several special plant and animal .species and will be. preserved in "open space" lots so as to contribute to a "regional drainage plan" and "biological mitigation program" devised.for this and two other Western Enclave developments proposed in coordination with the subject project. Finds to the east and south also lie within the MASP and are currently used agriculturally or are undeveloped. 10. Project Entitlements Requested: - Approval of Requested Change of "lone from "R-2-SP" & "C-OS-SP" to "R 2-SP-PD'" & "C- OS-SP-PD" (on roughly 11 acres) - Approval of Revised Vesting Tentative Map VTM #2428 11. Other public agencies whose approval is required: Air Pollution Control District (Permit to Construct, Permit to Operate) Water Quality Control. Board (NPDES permit -including Phase II & SWPPP) California Department of Fish and Game U.S. Army Corps of Engineer CITY OF SAN Luis OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST RR 98-06 (VTTM #2428-King) C:\DocumFNTSANDSF IINCiS\SLOUSt:R\t.CH:AI.S1I'"171Gti\TriMP0RARYININITIAL STUDY JUCHY5.1-0%.DCK' Pc 1-sS i • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. X Aesthetics Gec>lo > ISoils Public Services Agricultural Resources X Hazards & Hazardous Recreation Materials Air Quality Hydrology/Water Quality X Transportation & 'Traffic X Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Significance Energy and Mineral Population and Housing �'.. Resources E s FISH AND GAME FEES There is no evidence before the Department that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Dish and Game Fees. X IThe project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. STATE CLEARINGHOUSE litate C.aeannghouse Review not required based uuon the statement below: Pursuant to provisions of CEQA Guidelines 15073.5, this environmental document does not need to be submitted to the State Clearinghouse for review. A prior Mitigated Negative Declaration for the original VTM was circulated to the SCH for review by one or more State agencies on or about December, 2006. The views of those agencies as indicated in response letters received were then and still are incorporated into this Mitigated Negative Declaration. The revisions to the project herein do not result in any modifications that substantially alter any environmental circumstances affecting those views. Given these circumstances the SCH has opined that recirculation of this Mitigated Negative Declaration through the SCH is not necessary. CITY OF SAN LUIS Oa1SP0 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:iDO(.,UMF.NTS AND $ril'I'LdtiS�SLOUSEi1t1LCK'AI, SI 1 t'I V(iS�TIs 1PORARI' 1VTF..kNftl' Fuxs10LK20`FINAL INITIAL STUDY TO C11 Y 5-1-07.i)oc PC/-s6 0 DETERMINATION: On the basis of this initial evaluation: 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I :find that although the proposed project could have a significant effect on the environment, X there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGXFLD NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project .MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation treasures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signatute`' Doug Davidson, A.ICP, Deputy Director, Development Review Printed Name f Date For: John Mandeville, Community Ievelopment Director i CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:\D<)CL.MrN'rs,wnINTF,RNhI'f,n_F,s\Oi., 20U''Iwu,INITIALSTUDYroCrrY5-1.07.ixx� PC1"s7 • 0 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that. are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as welt as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact_" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures listed below), "Earlier Analysis," may be cross-referenced. 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration (Section 1.5063 (c) (3) (D) of the California Code of Regulations.) Earlier analyses are discussed in Section 18 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Sri CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) CADOCUMHN'r.S AND $L ["IlN'GS\SLOIISER\I,.c)cAl. S}dTI'iNG5\TI3M.POh:ARY IN MRNL r Fu,t�s\0LK20\F*iN'AI. INITIAL STUDY To CITY 5-1 -0Ti)oC PC I -S8 Ah Ah Issues, Discussion and Supporting9mormation Sources Sources potenMW Potentially Ws Thaii 140 Significant Significant Significant Impact ER # 98-06 Issaes Gnlcs+ I impact Mitigation ]ncor omlcd 1. AESTHETICS. Would the rroect. a) Have a substantial adverse effect on a scenic vista? 1, 2, X 3, 8, 9 1, ?., X b) Substantially damage scenic res(wrUS, including, but not limited to, trees, rock outcroppings, open space, and historic buildings 3. 8. 9 within a local or state scenic highway? 1, ?, X c) Substantially degrade the existing visual character or duality of the site and its surroundings'? 3. 8, 9 1, ?, X d) Crests: a new source of substantial Iight or glare which would Ddvmely effect day or nighttime vic Lvs in the ama? 3, 8, 9 Evaluation 0 The primary scenic value from within and around the Western Enclave area is the view to the north and northeast of the South Hills. The prior MASPIAASP EIR determined that the implementation of the Specific plain would result inevitably in a change of character of the plan areas from a generally semi -rural to art urban developed setting. Urban development will cause irreversible changes in the visual character from that of undeveloped and low density semi -rural area to a more intensely developed, suburban area. The project site is situated alongside a portion of rite south face of the. South Hills, the upper elevations of which, together with the natural drainage ways out of the hills, are designated for "Open Space" by the MASP in order to protect these more significant visual (tend associated biological) resources. The revised project complies with aesthetic -related stipulations of the MASP affecting scenic resources by designating 714- acres of the upper elevations of the tract map site (proposed Lot 178) as a single open space lot to he dedicated to the City For permanent preservation in open space. The subject project further designates 5 other lots (Lots 81-85) alongside the drainage ways as open space lots for protection in their natural state for drainage, biological and aestlictic/passive recreation purposes and will be owned and maintained by a 1lome Owners Association also as stipulated by the MASP. Adopted zoning requirements will further ensure compliance with existing design standards set by the City to protect the visrtal resource that is the South Hilts. Thus, he impact is less than significant as a result of the proposed project design b) See dtscussiun in a) above. There are. no historic buildings within a local or slate scenic highway in the project vicinity that will be iinpact ed by the proposed development. 'Thus, this impact is less than significant as result of the ln•oposed project des an c1 The existing visual character and quality of the site will change from semi -rural to urban developed as a result of urbanization of the area pursuant to and consistent with the objectives of the MASP, The revised VTM project is require(] to he consistent with the lay -out and distribution of land uses and design standards stated in the MASP to ensure that the appearance of the development is acceptable and that no new buildings block scenic views of the upper South finis. The project as now currently proposed, together with conditions of approval, is consistent with the MASP and in this regard is self -mitigating. Through Conditions of Approval the project will he further required to comply with City codes and standards sonic of which impact aesthetics. Ultimately the design of proposed housing will require the review and approval of the Architectural review CtimmlSSi(1n (ARC) to ensure consistency with the C:ity's Community Design Guidelines as well as the MASP. Thus, the project iinpaet_is less than significant. d7 The prior MASPIAASP EIR acknowledges that future development pursuant to the MASP will introduce now sources of light, glare and nighttime illumination, as is typical with residential and commercial development. However, the MASPIAASP EIR determined that such light and glare impacts (LU-7) can be mitigated to less thatt significant at the site specific project Stage through compliance with lighting design standards set forth in the MASP and with other adopted standards as may be applicable by other City regulations. The new light source subject to mitigation will not adversely affect day or nighttime views in the urbanized area. Therefore impacts from new sources_ of light-orglare will be less than significant with mitt aiion LU-7.1 as s pecified in the MASP/AASP FIR to be im p Iemented thrtlu gh cam liance with [he MAST' Community Design standard. of Section 3.3-1ighting and accompany i nt' conditions_of approval. CITY OF SAN Luis Oeispo 9 tNr"AL STuvy ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C .\Dix I I I I VNIs AN 1) SF.TnN(;.*s 1 -0 P.%'1tV-X.X_-Ai.Si?rrwaVrpmfiatANv tN'r'F-.HN1:rFiI. sNOLK20\ 1NAt.lNIFIAt.$'1tit)rrUCI1-r $-l-07.not g7 r 1-. All Issues, Discussion and Supportln ormation Sources solirces Psnent Potentially l..css Than No Significant sisnif cim significant Impao ER # 98-06 Issues ul leas Impact mWealion Ini:otporated 2. AGRICULTURE RESOURCFS. Would the project: I a) Convert Prime Farmland, Unique Farmland, or Farnlhtnil Of I X Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring, Program of the California Resources Agency, to non-agricultural use? _ ti X b) Conflict with existing zoning for agricultural use or a Williamson Act contract'? 0 Involve other changes in the existing environment which, due to _ X 1, 2, G their locution or nature. could result in conversion of Farmland to non-agricultural u;e? F'wilnnlinn- a) According to the prior MASPIAASP EIR, the Margarita Area (including the Western Enclave area) dues not contain any lands in the stated categories as shown on the maps pursuant to the Farmland )lapping and Monitoring Program of the California Resources Agency, consequently, the project can not result in conversion of such lands to non-agricultural uses. Therefore, there is no impact. b) There is no agricultural zoning or Williamson Act Contract in effccl on the subject site. Therefore there is nn im act. c) No lands within the Western Enclave (and thereby within the subject site) have been actively farmed recently, so this project will not result in any direct loss of productive farmland. Other lands in the vicinity of the project site are either already developed or if within the Margarita Area Specific Plan and in agricultural use (tnrmlandlgrazing or open space), are already slated by the Plan for eventual non-agricultural use whether this project proceeds or not; therefore there is no direct correlation From this project to any further planned conversions of farmland to non-agricultural uses. The impacts of conversion of these lands to non-agricultural uses have already been evaluated both in the environmental documents for the City's Land Use and Circulation Elements and the MASP as significant, irreversible, adverse impacts that could not be mitigaled and the necessary Statement of Overriding Considerations adopted (Resolution No. 9615 (2004 Series) pursuant to CEQA. Nonetheless, policies of the Land Use Element were adopted to help compensate Parr, and thereby reduce the impacts from, productivity lost as a result of the conversions to non-agricultura( uses. Specifically, city policy requires direct dedication of open space areas or payment of in-Iieu Fees. As noted above, the subject project proposes Lot 178 as a 71-r acre open space lot to be dedicated to the City for protection as permanent open space and Lots 81-85 as open space lots to be owned and maintained by the proposed Home Owners Association, pursuant to the requirements of the MASP. Therefore project is self -mitigating and thus, the project impact is less than signil'iclinl. 3. AIR QUALITY. Would the project: a) Violate any air quality standard or contribute substantially to an 1,3 X existing or projected air quality violation? b) Conflict with or obstruct implementation of the applicable air 1, 3 X quality plan? cl Sxpose sensitive receptors to substantial pollutant 1,3 X concentrations? d) Create objectionable odors affecting a substantial number of 1,3 X people,? e) Result in a cumulatively considerable net increase of any criteria 1, 3 X pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? Evaluation a-e) According to the prior MASPIAASP EIR, project construction will generate short-term emissions of air pollutants. it CITY of SAN Luis OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTCM f42428-King) C:1t)tx.0NWNTS AND SIiVYINGslSlAWS' kl"-At, SKTr1NG%,kTi..mvoR&ky IN rltnhlsr Fn,lisk0I, 120WJNAl. INITIAL. STUDY ro Ci rY 5- I-07."x Pr'" 1- r� /) t i Issues, Discussion and SupportirilIRTformation Sources soured Paten Polcatially Liss Than No Significant Significant Significant. Impact t Fi # 98 fly Issues Unless Unpeact h'iitiption ineu nrnted Construction -related emissions would primarily he dust (particulates) generated from soil disturbance and combustion emissions generated by construction equipment. Such dust generation was determined to be a potentially short-term significant impact on air quality that could lead to exceedances. of established state and Federal thresholds for region a] or local air duality or otherwise conflict with City and County air quality plans or program. In addition, the project site is situated near existing residential units thereby potentially exposing sensitive receptors to substantial pollutant concentrations. The MASP/AASP FIR also noted long-term ("operation') air quality impacts would result from on -going emissions generated by the project -related vehicular trips and development resulting in additional natural gas combustion for space and water heating and additional fuel combustion at power plants for electricity consumption. The MASPIAASP EIR concluded that implementation of the Plan, with mitigation measures AIR-LI, 1.2, 1.3 and 2.1 sit forth in thin EIR brought lirwurd to apply to individual projects, is consistent with the local Clean Air Plan. The EIR also determined that with adoption of the HASP and its accompanying TUR mitigation measures, further delays in attainment of state and federal air quality standards would not be expected and thus, air quality impacts resulting From build -out of the Plan were insignificant. The mitigation measures set forth in die prior MASPIAASP EIR were determined would reduce all the Following impact areas to less than significant: 1) short-term construction -related vehicle emissions and fugitive dust (PMro), and 2.) l.,ong-term operation emissions, including increased vehicle trips resulting from new residential and cummercial development in the MASP. During Early Consultation for the prior VTM ##2428 project, the Air Pollution Control District (APCD) of San Luis Obispo County commented in a letter dated August 2, 2005 that they support the in -fill nature of the proposed development noting that such development makes walking, bicycling and public transportation more viable, decreasing dependence on driving and therefore reducing emissions from mator vehicles. The letter states further that such development is consistent with the land use goals and policies of the District's Clean Air Plan, consistent with the finding of the MASPIAASP EIR. The SLO County APCD reiterated in its letter the site mitigations as set forth in MASPIAASP EIR for dust control, construction vehicle emission control, construction activity pollution controls, and on•gong project operation emission controls, and noted these measures be incorporated into the project in order to maintain project -related impacts to less [hall significant. These requirements will be enforced by the APCD through required Permit to Construct and Permit to Operate permits and by recommended conditions of approval. The proposed revised VTM project is self -mitigating in these regards because the applicant has asserted his commitment by way of notation on the preliminary grading plans submitted for the project which states: "Al! provisions of rlie APCD lender dined 8/02/0.5 shall be inwlernented." 'rhis component of the applieant's project descriptionlproposal together with Conditions of Approval assure mitigation measures set forth in the prior F_rR are brought Forward to this project. Thum, the revised proiect is still self-mitigatioe and the impact is less than significant. 4. BIOLOGICAL RESOURCES. Would the i o ect: a) Have a substantial adverse effect, either directly or indirectly or 1, 3, X through habitat modifications, on any species identified as a 12, 13 candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Depamnent of Fish and Game or U.S. Fish and Wildlife Service? 1, 3, X b) Have a substantial adverse effect, on any riparian habitat or Other sensitive natural community identified in local or regional 1113 plans, policies, or regulations, or by the Catiforna Department of Fish and Game or U.S. Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting 1, 3, X biological resources, such as it tree preservation policy or 12,13 ordinance (e.g. Heritage Trees)? d) Interfere substantially with the movement of any native resident 1, 3, X or migratory fish or wildlife species or with established native 12, 13 resident or migratory wildlife corridors, or impede the use of ifAiA CITY OF SAN Luis OsiSPo INITIAL STuar ENVIRONMtENTAt. CHECKLIST F.R 98-06 wrrM #2428-Icing) [ :II)DCl7itsh'I'S IIM1I) lint I'IhiiS�tit,{}L:St k11 UCAt.�1 1'!'1\ti)1ThYl!'I�nANY I i:l Fi! I i\0LK20\FINAt.lhll'3A1. '1UDY TO CI_rY 5-1-07.linc. Pr i -6 1 Ah r Issues, Discussion and Supporting4mormation Sources stitirccs Patentm Pntcattany Less Than No Signirira signifiiennt Significant Impact ER # 98-06 Issues Unicss irripacl Mitigation inc❑ rnmrrd wildlife nursery sites'? ej Conflict with the provisions of art adopted Habitat Conservation 1, 3, X flan. Natural Community Conservation Plan, or other approved 12, 13 local, regi(3nal, fir strafe habitat conservation ptan'? t) Have a sitbstaittial adverse effect on Federally protected 1, 3, h wetlands as defined in Section 404 of'the Clean Water Act 12, 13 {including, but not limited to, marslies, vernal pools, etc.] through direct removal, filling, hydrological interruption, or other mean'? Evaluation: c) There are no, signiflcasit specimen or heritage trees (rn the property. Thus there is no impact from 111is prniect, d) The Margarita Area does not contain any waterways known to be important to viable fisheries, therefore there Is not expected to he any effect on fish species. Due to the relatively poor soils, simple vegetation type (grassland), and general lack of vegetation diversity, die Western Enclave developments of MAST nrc not rich in wildfire species and do not form any kind of nursery or refugium for wildlife species. Therefore it is not expected that the development would interfere substantially with the movement of any native wildlife species. e) The City dries not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan established in the City of San Luis Obispo. Thus_ill ere is no impact From this pr o ] t — a) b), f) The prior EIR prepared for the MASP & AASP conducted extensive biological resource impact analyses and determined 19 areas of potential significant impact. Of these 19 impacts, 6 (B10- 3, 4, 10, 15, 18, & 19) were determined to not be significant and thereby, not requiring mitigation. 1310-9 was ruled out its an impact for the MASI' territory, and therefore is not an impact for the three Western Enclave project sites. The balance of 12 Impacts (BI0-1, 2, 5, 6, 7, 81 11, 12. 13, 14, 16 & 17) were subject to MAS.PIAASP EIR mitigation requiring further site specific surveys and mapping to determine if the specie of concern identified in the respective enumerated impacts might occur on the site. Mitigation Measure BIO-1.1 stated the performasiLe criteria that if such specie was not found to exist then no further mitigation would be necessary, but it' the specie was found or determined to exist then Mitigation Measure B10-6.1 outlining the performance criteria to avoid. minimize, or compensate for significant impacts oil those resources its spreilied by the site specific biological surveys would be required for affected projects. rMe MASP/AAS.P EIR-required site specific surveys were conduclixl for fliv Western Enclave properties during the winter, spring, and summer of 2005. As a resull of these surveys, FIR Impacts 13I0-1. 14, & 16 were determined to not be significam impacts requiring mitigation for the Western Enclave properties, The remaining impacts (BIO-2, 5, 6, 7, 11, 12, 13, & 17) were determined to be applicable to the Western Enclave properties, and in particular, with respect to the subject revised VTM #2428, dial upper portion of the site lying along the toe of the South hills and the three drainage ways traversing the site. Consequently the site is subject to the: performance standards to avoid, minimize, or compensate for the impact as set forth in Mitigation Measure B 10.6. In compliance with one of the performance standards of this mitigation, the Wcmem Enclave applicants have already prepared and submitted as part of their project proposal a "Comprehensive Mitigation Program" that is applicable to all three of the Western Enclave sites (as opposed to three individual plans). By integrating all three projects as if they were One, impacts were able to be addressed by selectively applying mitigation where a beneficial Habitat exists naturally and could thereby be dealt with on one site to the benefit of the other two, garnering a more holistic, rather than piecemeal, solution. Key to the avoidance criteria, all three of the Western Enclave applicants propose to retain all existing natural drainage ways in their current locations and in their natural state, as required by the MASP. in addition, the applicants have already been in communication with the agencies of jurisdiction (California Department of Fish and Game, U.S. Fish & Wildlife Service, US Army Corps of Engineers) regarding acquiring necessary permits for the mitigation of impacts to jurisdictional wetlands. (Section 404, etc.) and conditions of approval are recommended (for the subject revised map) and approved for VTM #2342 CITY OP SAN Luis Osispo 12 INITIAL STuDy ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:1t7tx_LIM1-VIS�N13SItIr}N(iSU: ousF:all.ou."..SSvrri.N(is\TF-.MK)k&HV14TliltNhrFII.F:sIOLK2Q1ftW.IN1r1Al- S7111aYroCirYS-1-07.1)0c r�r /_ A �7 r Issues, Discussion and Supportin'CWforrnation Sources Sources Poten Potentially Less Than No Significant Significant Significant impact ER # 98-06 Issues Unless impact Mitigation Incorporated & VTM #2353to assure compliance. The wetlands and drainages are afforded further protection as stipulated by the EIR performance criteria, by providing necessary buffer zones around the features to be protected/preserved. The findings and recommendations of the "Comprehensive Mitigation Program" as reviewed and modified by City staff are summarized below: Biological impacts fall into several categories: wetland impacts; impacts to other sensitive habitats, and impacts to sensitive species. 'These are discussed in more detail below for the site specific map: Wetland Impacts. All three subdivisions have some impacts to wetlands. Efforts have been made, especially in the King subdivision VTM #2428, to minimize these through redesign of the lot layout, but there will still be impacts that cannot be avoided if the project is to proceed as called for in the Margarita Area Specific Plan. The DeBlauw and Cowan subdivisions also have wetland impacts but these appear to be of a different nature, impacting wetlands that have resulted from grade and drainage changes caused by human activities in the past. The developers are working on a mitigation program for wetland impacts that would utilize a nearby property and would meet City, State, and federal mitigation requirements. Impacts to Creek Habitats. impacts to creek habitats are minor, following the realignment of the project to try to minimize such impacts. There will be some impacts as a result of creek crossings, however, these will be minor and mitigation will be dictated by Corps and DFG requirements. Impacts to Serpentine Grassland Habitat. The project lot design results in approximately 1.75 acres of loss of serpentine bunchgrass habitat. To significantly reduce or avoid this impact would require substantial changes to the project's layout which would frustrate another important community goal, specifically housing development in this area. It is important to note that this community extends well onto the hill at the northern boundary of the project for some distance, thus the, habitat will be reduced but not lost. There will in fact. be a significant area of serpentine bunchgrass habitat that will be conserved as part of the project. Impacts to Sensitive Species. Several species of concern will be impacted by the project: these are mostly plant species, but also include one potentially affected animal species. These are discussed individually below. Palmer Spine}lower (Chorizanthe palmeri). This species is found throughout the South Hills. A small portion of the population will be lost through development; however, the open space dedication of the project will secure a much larger area of occupied habitat. Brewer Spineflolver (Chorizanthe brevveri). The situation for this species is the same as for the above. Obispo Indian Paintbrush (Castilleja densiflora ssp. obispoensis). In 2005 this species was found in large numbers both within the Margarita area (including the open space lot) and on the Unocal Tank Faun property nearby. Hoover reports this subspecies as occurring from about Ragged Point on the northern boundary of San Luis Obispo County to the San Luis Obispo area. It is not certain whether the subspecies was observed in the more northerly areas or not, but it is reasonable to assume so, as conditions in the North County area have not changed much in the 35 years since publication of the Vascular Plants of San Luis Obispo County. Miles Milkvetch (Astragalus didymocatpus var. milesianus). This rare variety is reported from locations in coastal San Luis Obispo and Santa Barbara Counties. Hoover reports it as found in clay soils, usually derived from serpentine, from Morro Bay to San Luis Obispo. The approximately25 individuals found in the survey were observed within the project development envelope. Obispo dudleya (Dudleya abratnsii ssp. tnurina). There are eight individuals of this species that will be lost to development. The species has considerable habitat in the South Hills. Calochortus sintulans). Approximately 25 individuals of this species will be lost to deve CITY OF SAN Luis Obispo 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) CM)O UMF`'1.sANDS1-177NG.S1SI.OUSt:R\1.00:11..Str17N(is\TwiF'ORARYINERM—nFii:rs\ULK20\FINA1.INIIIAI.S'i'UDYTO01YS-i-07.i)oc Pr / — / -�3 li i Issues, Discussion and Supportin orrration Sources Souses Potent Potentially Less Than No Signiticaut Significant Significant Impact ER # 98-06 Issues Unless Impact Mitigation Incorporated The species has additional occupied habitat in the South Hills. The open space dedication of the project will secure much of that habitat (some is already secured). The bulbs may be hard to tend, could be damaged while being searched for, and could be time-consuming to replant. The relocation of these individuals may be considered and undertaken if it can be accomplished at low cost. Adobe Sanicle (Sanicula nmritinta). Approximately 500 individuals of this species have been found within the project area and they would be lost due to the development. This species is considered very rare and San Luis Obispo may be the only area where it is found, according to the Jepson Manual. A small population is known from a seep in Laguna Lake Park within the City. Congdon Tarplant (11entizonia parryi sslr congdoni). Up to several hundred individuals have been observed in disturbed, wet ground paralleling Prado Road on the Cowan and DeBlauw properties. This species is concentrated in the San Luis Obispo area in vernally wet areas that are routinely disturbed, such as by agricultural operations or livestock activities, and in vernal pools. Loggerhead Shrike (L nius ludovicianus). One active loggerhead shrike nest was found in the myoporum tree which occurs in the project. area. State law prohibits the destruction of nests in which young are being fledged. There is ample suitable habitat for loggerhead shrikes in the area, including the South Hills, and the loss of a nest site should not be a significant impact. In order to obviate the utilization of the nest next season, the myoporum should be cut to eliminate the nest at this time when it is unoccupied. impacts to Other Nesting Birds. It is possible that construction activities during the nesting season could impact nesting birds, including inadvertent harassment of nesting pairs and destruction of nests. Mitigation Program. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Corps. Farther, in compliance with the MASP/AASP EIR, the subject VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open Space -Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Corps. Mitigation for Impacts to Seipentine Bunchgrass Habitat. A mitigation program involving restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in the King property's open space parcel, is required. This area occupies between one-half and three-quarters of an acre. The program would at a minimum, replace the existing non- native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills open space parcel, through mechanisms such as fencing, trail realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to the open space lot 146 to the City of San Luis Obispo as permanent open space as part of the project. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern is required as follows: Palmer Spineflower. None required. Brewer Spineflower. None required. CITY OF SAN Luis OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:AD(X'LhIH N"CS AND SI:I TINGS\SI.OUSFR\I O(.At, SUrl INGS\TwmPORARY INTRRN'F..r FI1,ES\0LK20\FINA1. INITIAL. STUDY TO CITY 5-1-07.IX)C Issues, Discussion and SupportirIMMormation Sources Sources PotenNW, Potentially Less Than No Significant Significant Significant Impact ER # 98-06 Issues Unless Impact Mitigation incorporated Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvctch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo dudleya. Due to the very small number of impacted individuals and the ease: of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa Lily. None required. Adobe Satoicle. Relocate some individuals to a suitable site within the project open space; consider transplanting the balance to a suitable site i❑ Laguna I.,ake Park or other suitable off -site location approved by the City, or consider lot adjustments to protect the major portion near lots 121, 122, and adjacent multifamily lot. On Sept. S, 2006, the SLO City Council authorized, as mitigation discussed herein, the use of several areas within hrrguna Luke Park for relocation of adobe sanicle occasioned by the proposed revises! VTM #2428 residential development proposal within the Margarita Area Specific Plan. lit its action, the Council found that Laguna lake Park offers the hest site for relocation of the adobe sani.cle because Laguna Lake Park has a fairly large area of habitat suitable for the adobe sancle. Further, the adobe sanicle already occurs there naturally. Congdon Tarplant. Create compensating habitat in a suitable off -site location approved by the City. On Sept. j, 2006, the SLO City Council authorized, as mitigation discussed herein, the use oseveral areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best site for relocation of the Congdon tarplant because the City has already successfully conducted mitigation efforts at Laguna Lake Park for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. loggerhead Shrike. Remove myoporum tree before nesting season. Miligation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites until after young have fledged. Off Site Mitigation for Wettand Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASI" as "Open Space -Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre -development run-off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post - Western Enclave development generated run-off. 1( is proposed that this basin be enhanced to accommodate the greater project -generated and pre -project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. As noted, the three Western Enclave developments have been designed so as to avoid any disturbance to the natural drainage channels. In order to accommodate this, a storm drainage system is proposed to capture all surface flow from the improvements and convey it on through the watershed. Naturally occurring drainage from the upper reaches of the watershed will be allowed to continue to flow through the developments via the existing natural drainage channels [proposed to be preserved in Open Space, particularly lots 142-146 & 148 in the subject maps. However, development -generated run-off will be conveyed via separate installed infrastructure & treatment facilities required for the subdivisions, and transported to the proposed off -site sub -regional drainage basin.] A small amount of development -generated run off may be diverted to the easterly — most drainage Swale as necessary to enhance year round hydrology of the Swale to be beneficial to better sustain the sensitive habitat. This will be accomplished only at the direction of USi WS / ACOE and/or the City Natural Resource Manager. The proposed off -site detention basin and drainages (preserved in common by a MHOA as open channels) will be vegetated with local native, suitable grasses and other plant material, and with the assistance of composite turf reinforcement fabric, will allow for the formation of additional seasonal wetlands. As the channels and basin are lined with the turf reinforcement CITY OF SAN Luis OBISPO is INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:11�CX t rrtiv1'I:S AND SF 1 it�eiS191..UUSPliE2�1 oC'r\t.SF.:'rr1NGS\Tfim110RARY iNTFRNIiJ Ftt.t1S10LK20\Fr4A1.INITIAI, STUDY'11) CITY 5-1-07.i)oc Ak i Issues, Discussion and SupportingWormation Sources sources fttenlW Yotcnliaity Less Than No Significant Significant Significant Impact ER # 98-06 Issues L`niess Impact Mitigation tncoi rpntw fabric, any additional bank stabilization that will be needed should be achieved. Additionally, outlets into the basin will have substantial energy dissipation structures, as required to remove any erosion and sedimentation potential. Once the wetlands within the channels and basin have been allowed to fully establish themselves, it is anticipated that some of the wildlife, which will take seasonal refuge within these wetlands, will assist with keeping growth of the vegetation under control. Inclusion of the above mitigations reduce the impacts to a level of less than significant. Further, in compliance with the MASP, the subject mat) proposes the 71-acre Lot 178 as an Open Space Iot to be dedicated to the City, and Lots 81-85, as lots to be owned and maintained by a Master Home Owners Association all for the multiple purposes of achieving the required biological mitigation and the functioning components of the proposed sub -regional drainage plan and pedestrian/bicycle trail system. 5. C'f li 't'r IRAT. Ft t�:Cf ltlRf'F%C Wn»lrt f}in �rn inrf• a) Cause a substantial adverse change in the significance of a 1 1, 3, x historic resource'? (See C1 QA Guidelines 15064.5) 10, 18 b) Cause a substantial adverse change in the significance of an 1, 3, x archaeological resource? (See CF-QA Cntidel.ines 15064.5) to, Is 1, 3, x c) Di.rectly or indirectly destroy a unique paleontological resource or site or unique.geologic feature? 10, is d) Disturb.a.IIy human rentains, inciuding those interred outside of 1, 3, x formal cernetenes? 10,18 Evaluation a-b) The MAST' and MASPIAASP EIR determined that further on -site suzface surveys be done in conjunction with each site specific development proposal. Such further survey was conducted by a Heritage Discoveries, Inc. of San Luis Obispo, CA for the entire Western Enclave area and a written report, dated May 31, 2005, was submitted to the City. The report found, and completed a site record for, a small archaeological site of unspecified significance within the survey area. The: site found is not adjacent to or within the boundaries of this VTM ##2428, A Phase II subsurface test is required for this off -site -find. but such survey will not affect and therefore does not impact the subject proj cot. Thu�rgiect impact is less than significant, c-d) The project site is located in an area that does not contain any unique geological feature and possesses no known unique paleontological resources. The project area has been part of two general cultural resource field surveys. As a result of these field surveys, there are no known historical or archaeological resources that are associated with the project site, Therefore there is no impact. 16. ENERGY AND MINERAL RFJSOURCI S. Would the project: I a) Contlict with adopted energy conservation plans? b) Use lion -renewable resources in a wasteful and inefficient 1, 2, 3 x 1, 2, 3 x manner? c) Result in the loss of availability of a known mineral resource 1, 2, 3 x that would be of vnlue to the region and the residents of the State? Evaluation: a-b) The project as revised will not conflict with adopted energy conservation plans nor will it promote the use of non- renewable resources in a wasteful and inefficient manner. The future development of the site must comply with the policies contained in the General Plan Energy Flernent that states: "New development will be encouraged to minimize the use of conventional energy for space heating and cooking, water treating, and illumination by means of proper design and orientation, including the provision and protection of solar exposure." The project will also be subject to Architectural Review that will ensure consistency with City energy conservation goals, policies. and regulations. This impact is less than significant. CITY OF SAN Luis Obispo 16 INITIAL STUDY ENvtRONMENTAL CHECKLIST ER 98-06 (VTTM 42428-King) C:\l)0CUNIF-1�'IS AND Fu,ra\01..K201FJNAt. INITIAL STUDY TO'CiTY 5• 1-07.zmc r:)r I_l,/_, Ah AdL Issues, Discussion and Supportingilinformation Sources Sources Poteo Potentially Less nail No Significant Significant Significant Impact ER # 98-06 Issues Unless Impact Mi[igatian Incorporated c) 'There are no known mineral resources on the project site that would be of value to the region and the residents of the State. Thus, there its no impact. f 7. GEOLOGY AND SOILS. Would the project: I a) Expose pei)ple m strovIures to potential subsimitial adverse 1, 2, 3, X effects, including risk of loss,.injury or death involving: 5, 7, 17 1, 2, 3, X I. Rupture of a known earthquake fault, as delineated in the Inost recent AIquist-PriNo Earthquake Fauit Zoning Map 5, 7, 17 issued by the State Geologist for the area, or based on other substantial evidence of a ltnowti fault? 11, Strong seismic ground shaking? 1, 2, 3, X 5, 7, 17 1, 2, 3, X 111. Seismic -related ground failure, including liquefaction? 5, 7, 17 1, 2, 3, X IV. L andslidcs or mudilows? b) Result in substantial soil erosion or the lass of topsoil? 5, 7, 17 X c) Ile located on a geologic unit or soil that is unstable, or that 1, 2, 3, X would become unstable as a result of the project, and potentially 5, 7, 17 result in on or off site landslides, lateral spreading, subsidence, liquefaction, or collapse'? 1, 2. 3, X d) Be located on expansive soil, as defined in'Table 18-1-B of the Uitifonn Building Code. (1994), creating substantial risks to life 5, 7, 17 Or pro ertY? (Evaluation: a)- d): The initial study prepared for the MASPIAASP projects found that all the above -stated effects from implementation of both plans would be less than significant and therefore the MASPIAASP EIR conducted no further evaluations. There is no new evidence to suggest there would be any site specific impacts that were not adequately anticipated or evaluated in the prior environmental documents. 1"he preliminary grading plan prepared for the subdivision is consistent with City [ode. The final grading plan or the proposed subdivision will be in accordance with the Geotechni.cal Engineer's recommendations and the California Building Code adopted by the City and modified by City regulations. 'Thus the Proiect impact is less than significant 8. 1t1AZAR S AN1) 11 A ZA R 00US MATERIALS. Would the Pro ect: a) Create a significant hazard to the public or the environment 1, 3, X through the routine use, transport or disposal of hazardous 14 materials? 1, 3, X b) Create.a significant hazard to the public or the envirorttnent through reasonably .foreseeable upset and accident conditions 14 invoMtic, rht; relense•of.hazardous raterials into the environment? 1, 3, X c) Emit hazardous emissions or handle hazardous or acutely hazardous niateria]s, substances, or waste within erne -quarter 14 mile of an existing or proposed school? 1, 3, X d) Expose people or structures to existing sources of hazardous emissions or hazardous or Rcumly hazardous materials, 14 substances, or waste? 1, 3, X e) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 14 55962.5 and, as a result, it would create a significant hazard to the public or the environment? CITY OF SAN Luis OBlspo 17 INITIAL STuoy ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:: OCUMP.NTS AND SEMNUS1SLOUS>rMLOCAI. SF[-rINc;sITh&tIVRARY 1s!'1'tiwmtl r Fit,I's�01,KMFiN.41. 1NeITiAL STUDY TQCITY 5-1-07.ixw. J�? f' 1-- / -7 Ah Ah Issues, Discussion and Supportingimformation Sources sourcca Paten Potentially Less Than No Significant Significant Significant Impact ER # 98 06 [ssucs unkxs Irnpao Miligation Incorporated 0 For a project located within an ait-t:rort land use plan, or within 1, 2, X two miles of a public airport, would the project resultina safety 3,14 hazard for the people residing or working in the project area? g) Impair implementation of, or physically i.n.terfere with, the 1, 2, X adopted emergency response plan or emergency evacuation 3,14 plan? h) Expose people or structures to a significant risk of lose, injury, 1, 2, X or death, involving wilclland tires, including where wildlands are 3,14 adjacent to urbanized areas or where residents are intermixed with w:ildlands? Evaluation a), b), d): The prior FIR determi tied that historical agricultural activities and surrounding industrial activities of the Margarita Area may have released hazardous materials into the environment. Hazardous materials releases may have involved leaking underground or aboveground storage tanks, or similar events from other nearby properties that store or handle hazardous or toxic materials. Construction -related and ground disrurbing activities inay involve the use of materias that could contaminate nearby soils and water resources in the project. area. Existence of such potential hazards could cause construction workers and other people to be exposed to dust or emissions containing such hazardous materials or to organic pesticides, herbicides, and other hazardous materials. The prior MASP/AASP EIR further determined impacts related to development of allowed business park land uses could result in operations -related exposures to hazardous materials and short-term surface water quality degradation From aceidental release of hazardous materials during construction; areas of concern within the Margarita Area included mention of Acacia Creek. The prior MASPIAASP EIR required the following mitigation measures that would reduce such impacts to less than significant: HAZ-t.1:1mplement a construction -related hazardous materials management plan. HAZ-1.2: If presence of hazardous materials is suspected or encountered during Cons inlction-relaled activities, conduct a Phase I and possibly Phase II En v iro run ental Site Assessment to determine soil or ground water contamination. HAZ-2.1: Implement an operations -related hazardous miaterials management plan. With respect to required mitigation measure HAZ-1.1, the applicant already prepared and submitted the results of Phase I L•'SA for the subject site. Said Assessment, dated tune 27, 2005. was prepared by Geo-Solutions, Inc., a firm qualified to prepare such assessments. The Assessment found That there are no recognized environmental conditions w the Site or Ito connection with the site that could be affected by roadway or utility alignments, and in the author's expert judgment, no further inquiry regarding potential or recognized environmental conditions is required for past uses of the site (No Phase 1I ESA, required.). Since the subject revised project involves only development of residential uses there is no potential for the stated potential impacts related to business park office development or uses that would involve the handling or disposal of materials used onsite, or the delivery, use, manufacture and/or storage of various chemicals necessary to perform manufacturing and business park activities. Mitigation Measure HAZ-2.1 above is therefore not applicable to the subject project and therefore is not required to be brought forward as a condition of approval. Thus, there is no impact. Although Acacia Creek does not lie within die Western Enclave area of the MASP, there are other natural drainage ways within this and the two other related Western Enclave development sites that contain biological resource values required by the MASP to be protected and preserved. Therefore, there is still potential for on -site construction of roadways, infrastructure and building sites to involve handling and disposal of materials used or produced ❑nsite, such as petroleum products, concrete, and sanitary waste that have the potential to adversely impact these drainages if proper precautions are not implemented. Therefore, Mitigation Measure HAZ-1.1 above is applicable to the subject site and is therefore required to be brought forward as a condition of approval. According to the MASPIAASP EIR, said Construction -Related Hazardous Materials Management Plan is required to outline specific protocol to identify health risks associated with presence and handling of chemical compounds and identify specific protective measures to be followed by the workers in the work area to CITY OF SAN Luis Owspo 18 INITIAL STUDY ENVIRONMENTAL CHeCKLIST ER 98-06 {VTTM ii2428-King} C:laatx tlnn}:�rYs alvnSt:3'I't, �t;slsl Gust xlf�[' �I.. Sl;rrlrvc,s\Tu;%1I10xAHY 1N_"Nff r Fil.s s1U1.K20\FtN.AI. INITIAL STUDY'ro G'I'Y 5• 1-07.mc r7 - ► - / Z2 A& Ah Issues, Discussion and Supportin7Wformatlon Sources Sources PotenlW Potentially Less Than No Significant Significant Significant impact ER # 98-06 Issues Unless Impact Mitigation Incotponted prevent or avoid improper release or accidental disposals that would result in soil and/or groundwater contamination. By incorporating the stated mitigation HAZ-1.1 above as condition of approval, this impact will remai i less than -significant with mitigation. c) The project site is not located within a one -quarter mile of an existing or proposed school. Thus, there is no impact. e) The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a signiricanl hazard to the public or the environment. Thus there is no impact. 0 The project site is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County Airport land Use flan (ALUP). Itt its adoption of the MAST, the City Council already found the MASP to be consistent with the ALUP. It follows, therefore, that because the subject project and proposed. residential uses and densities are compliant with the MASP, the project is also compatible with the policies and objectives of the Airport Land Use Plan. Thus there is no impact. g) The revised project and its proposed circulation and land use plan has been reviewed by the .Fire Marshall who has recommended conditions of approval which will assure compliance with adopted fire/emergency-related codes. The Fire Marshall has provided no expert evidence that. said proposal will impair implementation of, or physically interfere with, the adopted emergency response plan or emergency evacuation plans of the City. Thus the impact is less than ai nificanL h1 The project site is not in an area identified as subject to wildland fire hazards. Thus there is no impact. o TivTipni.T1C_v ANTI W A Tl t7 "T TA T .TT Vnrr,ior+- a) Violate any water quality standards orwaste discharge 1, 2, X requirements? 3,16 b) Substantiaily deplete groundwater supplies or interfere 1, 2, X substantially with groutdwater recharge such .that there would be 3,16 a net deficit iit aquifer volume or a lowering of the .local groundwater table level (e.g. The production rate of pre-existing; nearby wells would drop to it level which would not support existing land uses for which permits have been granted)'? 1, 2, X c) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or 3, I6 provide tidditional sources of runoff into surface waters (inc[uding, but not limited to, wetlands, riparian areas, ponds, springs, emeks, streams, rivers, lakes, estuaries, tidal areas, bays, ocean, etc.)? 1, 2, X d) Substantially alter the existing drainage pattern of the site or area in a manner which wotoId result in substantial erosion a 3,16 siltation onsite or offsite? e). Substantially aster the existing drainage pattern of the site or 1, 2, X area in a manner which would result in sul stantia) flpod ing 3,16 onsite or offsite? fl Place housing within a 100-year flood hazard area as niapped on 1, 2, X a Federal Flood. Hazard Boundary or Flood Insurance Rate Map 3, 16 or other flood hazard delineation map? 1, 2, _ X g) Place within it I00-year.flood hazard area structures which would impede or redirect flood flows? 3,16 1, 2, X h) Will tite pre}jest introduce typical stout/ water pollutants into ground or surface eaters? 1 3,16 �j CITY OF SAN Luis CsISPo 19 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428.King) C;MOC:LIM1;NTS AND Sl:l r1NC S1S1.oLrsPkll. KC Al. Si;- r1Nus\T&mVORARY IN-nilLgI.- `RLzs\0LK2O\FiNAL lNrrlA1. STUDY'rO CrrY 5- I-07,noc r7 r F - /_ 0 r-91 Issues, Discussion and Supportin formation -Sources Sources Potcn Potentially Less Than No Significant significant signilcam Impact ER # 58-06 tssucs Unit:.ss Impact Mitigation h1corp prated i) Will the pix)ject alter ground wetter or surface water quality, 1, 2, X tern erniure, dissolved ox . e.n..or turbidit ? 3, t6 Evaluation: a) The project as revised will not violate any water quality standards or waste discharge requirements. According to the prior MASPIAASP ETR, development associated with the site will require issuance of an NPI)ES general construction activity storm water permit by the Central Coast RWQC'B. Completion of this permit process would ensure that construction -related discharges are limited or adequately accommodated by properly engineered infrastructure design. Thus, the: impact is considered less than siVnificant. b) The project will be served by the City's sewer and water systems and will not use or deplete groundwater supplies os interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. c), e) According to the prior MASPIAASP ELR, construction on the site of the purposed residential development as part of the urbanization of the Western Enclave Area would result in an increase of impervious surfaces that would cause the timing and amount of surface water runoff to increase. However. the project is subject to the revised City Storm Drain Master Plan[Waterways Management Plan that discusses the necessary improvements that would ensure adequate transmission and detention of storm water flow created by any new development and thus potential impacts resulting from increased development -related run-off was determined by the MASPIAASP EIR to be less than significant, and no mitigation required. To ensure that runoff levels will be equal to or less than existing levels, all storm water runoff will be contained in detention basins and drained at a rate not to exceed the 2-year undeveloped flow rate. In addition, according to the MASP a series of basins will be constructed to detain storm, water runoff within the area. In this instance the Western Enclave developers propose one off -site detention basin to accept development -generated run-off from all three subdivisions, together with existing area run-off that historically creates 'flooding at the concrete box culvert under Prado Road that is insufficient to accept and transmit existing area run-off. The design, location, and maintenance of the detention basins will be subject to the approval of the City Engineer. In the event such off -site basin cannot be achieved, then, alternately, each subdivision will be responsible for providing its own on -site basin to the approval of the City Engineer as stipulated in the MASP, ;thus, the impact of' the nmtoct is less than significant. f), g) The project does not place housing within a 100-year flood hazard area as mapped can a Federal Flood Hazard Boundary or Flood lnsurilnce Rate Map or other flood hazard delineation snap not will it impede or redirect water flows that will cause a flood hazard to surrounding areas. Thus, there is no impact. h), i) According to the prior MASPIAASP EIR, the project could potentially introduce typical storm water lmilutants into ground or surface waters during construction activities and as a result of ongoing use of the project area. As it result, the development would require issuance of an NPDES general construction activity permit by the. C onind Coast RWQCB. Completion of t11is permit process would ensure that construction -related discharges were limited. Because ongoing use of the project area for residential uses would also increase the potential fur discharge of household chemicals, oils and fuels, and waste into projected waterways, the requirement for the implementation of Best Management Practices {}3MPs) must be established to reduce the potential for unwanted runoff. Therefore, implementation of the BMP5 on the project will reduce impact to less than significant level. 10. LAND USE AND PLANNING. Would theproject: a) Conflict with applicable land use plan, policy, or regulation of 1, 2., 3 .X an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? 1,43 1 X b) Physically divide as established community? 1, 2, 3 X c) Conflict with any applicable habitat conservation plan or natural community conservationplans? Evaluation til A CITY OF SAN Luis Owspo 20 INITIAL STUDY ENVIAONMVNTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:\D(> 'LJMl:N1S ANO SI I rlrif.i515LOUSE RV-41 'A].S rrrNNGs1Ti`_M110R 18Y ]irrER�,4FT f'ILESOLK2MRNAL INn1AL STIJDY'110 CITY 5.1-07.ixlc nr- / - `713 Ah i Issues, Discussion and SupportinMMormation Sources Sources potent Potentially Less"Ittan NO Significant Significant Significant tmpaet �$-�� issues Ifnless Impact Mitigaticnt Incorporated a) The project is located in an area designated by the MASP for low density residential, medium density residential rind open space -hill and riparian. The layout and intensity of residential development and open space lots proposed with revised VTM #2428 complies with the land use plan and density requirements of the MASP. The City's Open Space )element requires developments to include buffer areas next to wetlands and creeks to protect .riparian habitat. The project proposes that the three drainage ways traversing the property, as well us the 71-acre open space lot of the South Hills along the northern !rand of The site, remain in (heir natsn-al state, and as such are afforded the requisite protection by including them within separate lots designated for open space, and, in the case of the drainage ways, include the minimum required setbacks. These lots are proposed to be owned and maintained either by the City (the 71-acre parcel) or in common by a Horne Owners Association. The subdivision of the property into low and medium density residential units does not conflict with any plan or policy adopted for the purpose of avoiding or mitigating an environmental effect the proposed development is in furtherance of achieving land. use density called for by the .MASP and the proposal for aflordable (condo miniurn) housing within Lots 171•• 1.75 and for tnarkel rate condominiums (tr, Lots 176 & 177 is also consistent with inclusiona;y and affordable housing policies of the City. To this extent the project is self -mitigating. Thus, there is no impact. (See related discussion above under Part 4, Biological Resources.) b) The project will not physically divide an established community, because by implementation of the MASP the project is a logical and orderly extension of the planned land uses and development that are already established and planned within the surrounding area. Thus, there is no impact. c) The project site is not located within a habitat conservation plan or natural community conservation plan. Thus there is no impact. (See related discussion above under Part 4. Biological Resources.) 11. NOISE. Would the project result in: a) Exposure of people to or generation of '`unacceptable" noise 1, 2, 3 X levels as defined by the San Luis 01)ispo General flan Noise Element; or general noise levels in excess of standards established in the Noise Ordinance? 1, 2, 3 X b) A substantial .temporary, periodic, or permanent increase in ambient noise Ievels in the project vicinity above levels existing without the project? 1, 2, 3 X c) Exposurr, oi' persons to or generation of excessive groundborne vibration or groundborne noise lcvcls? 1, 2, 3 X d) For a project located within an airport land use plan, or within two miles of a public airport or public use airport, would the project expose people residing.or working In the project area ko excessive tloke levels'? Evaluation According to the MASPIAASP EIR, the proposed project is located in an area zoned for residential land uses that are predicted to be exposed to traffic noise levels resulting from new roadways within the development. Such traffic -related noise levels are expected to exceed the maximum exterior noise planning standard of 6.0 L a„iCNEL dB (day -night average sound level; or 24-hour average community noise equivalent level, in decibels} or to exceed allowable thresholds of stationary noise sources as set forth in Table 2 of the Noise Element. However, the EIR concludes that this impact is less -than -significant since in order for a subdivision map to be approved it must be fully compliant with the entirety of the City's General Plan. As such, the project is required to be consistent with the Specific Plan standards for road noise mitigation and outdoor noise reduction as well as subject to mitigation measures listed and already adopted in the City's General Plain Noise Element. The applicable mitigation .nreasures are any or all of those listed in Policy 8 of the Noise Element which, based upon the conclusions of a site specillic noise measurement, are shown by a qualified expert performing said study are necessary to achieve the GQ LdWCNEL dB standard within the outdoor activity exposure area. Conditions of approval require that measures contained in the City's Noise Guidebook and as deemed necessary by the qualified acoustic consultant shall be incorporated into the design of the buildings to ensure that noise impacts are reduced to achieve the performance thresholds set forth herein and in the City Noise Element. Implementation of this condition will assure the impact remains less -than - CITY OF SAN Luis Owspo 21 IWIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTT'M #2428-King) ODoclu AN 1) S E IFTIN (;s�s i Dus i7.R\Uxr At. Sl.rrtrar;sl' mroxxRYINTERNFI-Fti.FStQL,K20i17LNAI-INfrtnr.STUDY TOCiTY5-1-07-Doc fl,, t--7/ ,dk F--I Issues, Discussion and Supportin ❑rmation Sources somms Potdi , rblentially Less Than No Significant Significant Significant Impact ER # g$-Q� lssucs Untess Impact Mitigation Incor oratutd significant, b) Site development Mll result in increases in ambient noise levels, but not to significant Ievels, since by operation of mitigation requirements set forth in a) above, noise increases that would affect ambient levels are to be reduced to thresholds determined to be acceptable in residentiai areas. Therefore, impacts to permanent ambient noise levels are less than significant. Project construction or other temporary or periodic noise generation may result in temporary increases (spikes) in ambient noise levels. Since there is no way to predict the origin or duration of these types of noise sources for this development, it can only he regulated if found to be. a nuisance by the City's Noise Ordinance. If noise levels exceed the Noise Ordinance thresholds, the property owner would be subject to possible citations and corrm.tive actions to eliminate or reduce such noise to non -nuisance levels. The significance of this impact is too speculative to determine; compliance with the Noise Ordinance is presumed to adequately abate the periodic nuisance noise. 1 .hvs, _there is_no_itnp_act, c) The project will not expose people to the generation of excessive groundborne noise levels or vibrations. Thus, there is no itmrract. d) The project is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County Airport Land Use Plan. According to the prior MASP/AASP E1R, the project is not within the 60 or 65 dBA-CN1 L contour line. However, due to projected fixture aircraft over flight, the project is .required by the MASPIAASP 1IR and MASP to implement design features to ensure compatibility with the Airport and thereby control indoor noise levels. Design features must control for indoor noise to not exceed 45 dB Community Noise Equivalent Level, and ,t 60 dB maximum for aircraft single events. Implementation of mitigation as specified in the MASPIAASP EIR and 111an_wiII result in the impact being less -than -significant. 12. POPULATION AND HOUSING. Would theproject: a} Induce substantial population growth in an area, either directly. 1, 2, 3 X (for example by proposing new homes or businesses) or indirectly {for example, through extension of roans or other infrastructure}? 1, 2, 3 X b) Displace substantial numbers of existing housing or petople necessitating the construction of replacement housing elsewhere? Evaluation: a) The added population growth caused by this project is within the General Plan's projection and will not result in population exceeding local and regional growth projections. Therefore, the .impact of inducing substantial _population glnawth to the planning area would be less than significant. b} The project site is currently vacant and undeveloped land; therefore, housing or people will not be displaced as a result of the project. Thus, there is no impact. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision, or need, of new or physically altered government facilities, the construction of which could catatse significant environmental impacts, in order to maintain acceptable service ratios, response times, or other Performance ob ectives for any of the public services: - a) Fire protection? 1, 2, 3 X 1, 2, 3 X b) Police protection? 1, 2, 3 X 0) Schools? 1, 2, 3 X (1} Parks? 1, 2, 3 X e) Roods and other transportation infrastructure? �N CITY OF SAN Luis U91SPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C'1l cwt:Many'i'S AND Sm-rlNGS%&LUUSEIi\t.O1:A1,31-1i-1-1NGSM'MI,ORARY INTER,Ir;I'FuuS OLK20\1-- lAl- INMA3.STUDY ToCA, ry $-1-07.l.) x r? l" i -- y%,'P Ah Ask Issues, Discussion and SupportinglFformation Sources sol,rl;cs Noten Poteruially Uss'fhals No Significant Significant significant Impact E� ��_�� 19SLIC5 Unless Impact Midgition 111c(W ❑ ated f) Other public facilities? 1, 2, 3 X I :valuation a), b), d), e), & fj The MASP/RASP EIR determined that implementation and build out of flip .MASP will not result in any significant impacts related to any of the above -listed services due to the ability to off -set service needs through the City's Development Impact Fee programs established via the City General Plan and augmented by the MASP and concluded that no further mitigation was necessary. There is no new evidence that the subject project, proposed to carry out the development intended by the MASP as evaluated by the MASP/AASP EIR will result in any adverse impacts to these services. And further, the project will not result in substantial adverse physical impacts associated with the provision of, or need for, new or physically altered government facilities, the construction of which might have the potential to cause significant environmental impacts. In accordance with the MASP, the project is subject to City and MASP established Development Impact Fecs that are charged in conjunction with approval of development projects to offset costs associated with increases in demand of public services. Thu..,ti: . p .there.„is no impact. c) The school districts in the state have the authority to collect fees at the time of building permits to offset the costs to finance school site acquisition and school construction, and said fees, when collected by local school districts, are deemed by Stale law constitute adequate mitigation for all school facility requirements. Section 65955 of the Government Code prohibits the City from denying a subdivision or collecting any fees beyond those required by the school district to mitigate effects associated with inadequate school facilities. Any increases in demand on school facilities caused by the project are considered to be mitigated by the district's collection of adopted fees at the tirne of building permit issuance For each residence. Thus, there is no impact. 14. RECREiATION. 'Would theproject: a) Increase the use of existing neighborhood or regional parks or X other recreational facilities such that substaIitiit] physical deterioration of the facility would occur or be accelerated? X b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical eff�,c:(on the environment? Evaluation: a) & b) The build -out of the project will add to the demand for parks and other recreational facilities. The MASP has anticipated this demand by designating certain lands within the Plan area for "Sports Fields" (already built) and "Neighborhood Park" for active recreational use and other areas for "Open Space-Iliils" or "Open Space -Riparian" for more passive recreationlaesthetic amenities (e.g. walking or bicycling paths and trails) intended more for use by adjacent or nearby residents. No portions of the subject site are designated by the MASP for either of the active recreation hand use designations. The project is consistent with MASP insofar as said plan does designate a 71-acre-portion of the: subject site (Lot 178) for "Open Space -Hills" (to be dedicated to the City for public use) and five other lots alongside natural drainage ways for• "Open Space -Riparian' (Lots 81-85). Proposed Class I pedestriaNbicycle paths through Logs 82-85 are integral features for more passive recreation use. The MASF/RASP EIR determined that while build -out of the MASP will generate increased demand for recreational facilities, the impact is less than significant due to the adoption through the MASP of 533 acres of additional parks and open Space land use designations (lying outside the Western Enclave development area.) The MASP also specifies that developers will contribute to the construction of public park facilities through the payment of City-, as well as, MASP-adapted Park Improvement Fees to offset costs associated with increases in demand and services as it relates to maintaining City-wide public park areas. Thus, the construction of the project will, have a_les_s_than _significani. impact on parks or other recreational facilities. 15. TRANSPORTATIONIIRAFFIC. Would the project - a) Cause an increase in traffic which is substantial in relation to the existing traffic load farad capacity of the street system? 3, 4 CITY OF SAN Luis Osisao 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-Ding) L;.:WOCLIMF.NTS ANL) Si:-r INGSC41.DUSEit\LocAt. SFT71NGsV17tMPONARY INThRNF:r FrmrsXO LK20\FFN At. 1.m,rim. STur)Y -to CrrY 5-1-07,mw- Pr I ---7-? r7 r-1 Issues, Discussion and Supportin formation Sources sources t'oren l'atenrially Less 71t,m No Significant Significant Significant Irtnilact ER # 98-Q6 Issues Unless Impact Mitigation Inca torated b) Exceed. either individually or cumulatively, a level of service 1, 2, X standard established by Elie county congestion management 3,4 agency for designated roads and highways? 1, 2, }� c) Substantiaiiyincrease hazards due to design features (e.g. sharp curves or dang-crous intersections) or incompatible Uses (e. g, 3,4 firm equipment)? 1, 2, 3 X d) Result in ittadeyuxte emergency access? 1, 2, 3 ........... X e) ResuIt in inadequate parking capacity onsile or offsite? 1. 2, 3 X- I) Conflict with adapted policies supporting aItermttive transportation (e.g. bits turnouts, bicycle racks)? 1, 2, 3 74 g) Conflict with the with San Luis Obispo Courity Airport Land else Plan resulting in substantial safety risks Crom hazards, noise, or a chattac in air traffic naltcrns? Evaluation: a), b) As noted in the prior Initial Study for the original VTM 42428 design, that project as proposed, in accordance with the MASP and AASP and the City General Plan, would have increased traffic in the area, but not beyond the load and capacity oi' project area streets, existing or as projected currently, nor would it have increased traffic exceeding established acceptable levels of service (LOS) thresholds adopted at LCIS "D" by the City General Plan) for San Luis Obispo as discussed in the MASP/AASP EIR, except For the Prado Road/South Iliguera Street intersection. Regarding the subject Revised VTM #2428, an increase of 30 dwellings is proposed which equates to about 300 ADT (average daily trips) based on the 2003 ITE Trip Generation Handbook. According to the City Public Works and Engineering Dept. this translates to about 30 peak trips per day. Distributing these trips across the two access streets (Calle Malva and "D" Street) would suggest a potential increase at peak periods of about 15 additional trips (read. cars) on each street per day, a very negligible increase The Circulation PIan of the MASP (as well as the Circulation Plan of the AASP and Circulation Element of the City General Plan) identifies the essential primary road system that will be needed to accommodate development within the plan area and surrounding growth areas of the City at this threshold. The MASP/AASP EIR determined that the circulation plans of these planning documents are for the most part self -mitigating. in that 1.) Roadway alignments, road extensions, and new intersections are designed and will be built in response to traffic projected at build -out and, 2.) Development projects in the Airport and Margarita Specific Plan areas will also contribute their fair share either through adopted Traffic Impact Dees, MASP development impact fees, assessments or dedications to specified roadway improvements (ELR gage 3D-29). I,urther the traffic model used in the prior EIR assumed a "total" worst case maximum number cif dwelling units in the Margarita area based upon projected zoning; and allowed land use densities and therefore the small "bump" in the proposed number of dwelling units from for this subject revised VTM will not have a significant impact on the conclusions or analysis of the document. The primary self -mitigating traffic feature of the MASP is the Plan's requirement that Prado Road be extended easterly, from .its current terminus just east of South Higuera Street, all the way to Broad Street, thus providing a major new divided 4--lane east west crass town arterial connector in the southerly area of San Luis Obispo. Conditions of approval are recontrnended that would require improvements to Prado Read as stipulated by the MASP and MASP/AASP EIR. The project will be conditioned to provide build -out of Prado Road commensurate with the development of the subject site together with the other two developments within the Western Enclave, as required by the MASP and as recommended by the City Public Works Dept. In addition, the subject proposal's proposed street system internal to the subdivision conforms to the MASP Circulation Plan. The extension of Prado Road, as a designated "highway/regional route", together with Airport Area Specific Platt (AASP) required roadway improvements (particularly Tank Farm Road) will accommodate cumulative traffic increases in the area and will mostly maintain at the acceptable LOS of "D" or better, except as noted above regarding the intersection of Prado Read and South Higuera Street. At the time of adoption of the AASP (Ref. Resolution 9726-2205 Series) adopted by the City Council August 23, 2005, almost a year after the adoption of the MASP, it was determined potential and proposed development circumstances had changed sufficiently in the Airport Area since the adoption of the MASP, such that Level of Service (LOS) at the intersection of Prado Road and South Higuera Street would decline from LOS "D" (as found in the MASP/AASP EIR) to LOS "E". As a result, the City Council Resolution No. 9726 (2005 Series) found that additional mitigation T-2.1 was necessary to lessen the effects of the significant impact at this intersection. This mitigation requires that the threshold for'1'ransportation Demand Management (TDM) requirements shall be reduced to apply to employers with 25 or ti11111tt�M CITY OF SAN LUIS 0131SPO �4 INITIAL STUAY ENVIRONMENTAL CHErKLIST ER 98-06 (VTTM #2428-.King) C'1f7t1t:t-MENT, AND St lTIN f5%LOUSF tt11J)CA1. SSF_-TTINCislri•7iIN* AHY IN-rrRNt:'r FIt.Fs\0L K2MFINAI. INPnAI. S111DY'IT) CITY 5-1-07.DOC 17-1 r t - 72 a r Issues. Discussion and Supporting tnforrnation Sources Sources Potent ta :y Potentially isss Titan No Significant Significant Significant Impact ER # ��-06 issues tlnlcss impact Mitigation fncor osated more employees. It is appropriate, therefore, that this mitigation measure applies to commercial development within the MASP to cumulatively contribute to the mitigation, However, since the subject Revised VTM #2428 does not propose any commercial development, this requirement is not directly applicable to this subdivision. Nonetheless, the proposed project would contribute cumulatively with the other two Subdivisions within the Western Enclave area, to vehicular trips to streets that serve as entrylexit routes to the. project site. 'These streets with the given improvements specified in the City's adopted planning documents and with the addition of new TDM requirements of commercial businesses within the other two maps (VTM #2.342-CowanlFrench and VTM #2353-DeBlauw, will serve to accommodate the added vehicular traffic. Thus =the impact from this project is less than si nifg (cant. c) d) The Margarita Area Specific Plan will require that the project provides roadways that are designed and developed in accordance with adopted city standards thereby assuring prcdelermined standards necessary to limit surety hazards and provide adequate emergency act =. In addition, the subject VTM proposes a number of traffic calming devices be incorporated into the subdivision streets in furtherance of MASP requirements for street cross sections and designs that encourage and maintain safe traffic speeds in the small neighborhood/community settings. A Condition of Approval to is recommended requiring that the final design, location, and number of traffic calming measures including bulb -outs, choke - downs, table -tops, roundabouts, neck -downs, etc. shall be reviewed and approved by the Public Works Director to assure maximize compliance and effective conformity with the MASP. Titus, there is no impact as result of the project. e) The project is subject to the City's parking requirements as it is outlined in the Margarita Area Specific Plan for each varying land use. The project build -out is required to fulfill all necessary parking requirements and therefore there is no evidence of inability to comply with onsite or offsite parking standards. Thus, there is no impact. 0 The MASPIAASP EIR identified certain secondary impacts to pedestrians and bicyclists that could result from road improvements needed to achieve vehicular flow at intersections noted in Table 3D-10 (namely, with respect to the Western Enclave developments, the intersections of Prado Road/South Higuera Street and Prado Road/Broad Street), Such secondary impacts relate to increased crossing distances froln mad widening at intersections and introducing conflicts at intersections with multiple turning lanes. The N ASPIAASP EIR note.% such impacts can be adequately avoided by implementation of Mitigations Measures T• 1.1 Design Features which, in summary, incorporate the following: 1. Sidewalks along both sides of all newly constructed streets and reconstructed streets, 2. Crosswalks (pursuant to the City's adopted "Pedestrian Crosswalk Guidelines-2000") at new and reconstructed intersections, 3. Pedestrian signals at all new and reconstructed signalized intersections, and 4. Class Il hike laves on all new and reconstructed streets per the City Bicycle Transportation Plan and MASP. The three Western Enclave development projects are not directly responsible for the construction of the above described off - site intersections except through payment of City's Traffic and Development Impact Trees which contribute their respective calculated fair share of the cost. This funding source will contribute to the construction of said intersection improvements al a later tune to be determined by the City. Thus, this impact is less than significant. g) The MASP has already been found to not conflict with the San Luis Obispo County Airport Land Use Plan (ALUP). Therefore, as the subject project complies with the pertinent requirements of the MASP regarding, allowed land uses and development densities and standards, the project is not in conflict with the ALUP. Thus, there is no impact from this roje t. 16. UTILITIES AND SERVICE SYSTEMS. Would the ro'ect: a) Exceed wastewater treatment requirement5 of the applicable 1, 2, 3 X Regional Water Quality Control Board? b) Require or result in the construction or expansion of new water 1, 2, 3 X treatment, waste water treatment, water quality control, or storm drainage facilities, the construction of which could cause significant environmental effects? c) IIave sufficient water supplies available to serve the project 1, 2, 3 X A CITY OF SAN Luis QelSpo 25 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:11]r.x.-uvtrn'rs AND Sr:I-HNGAS IA) Usr3lMAX-A I. St3 L ,os\Tuxt`0KARY hgrwNL-r FimFs%0I-K=FINAL INITint.,S11)DY TO Cn Y 5- I.07.DOC Pr / - 7 ,:�' a r_7 Issues, Discussion and Supporting Information Sources sources tlotent , , t)tenriatly t-es 7 han No Significant Significant significant Impact ER # S-Ct? Issues tfnlcss impact Mitignrion Inoorporated from existing entitlements and resources, or are new and expanded water resources needed? dj Result in a determination by the wastewater treatment pwvider .l, 2, 3 X which serves or tray serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitment? _ e) Be served by a Ia.nd#iII with sufficient permitted capacity to 1, 2, 3 X accommodate (he project's solid waste disposal needs? _ f) Comply with federal, state, and local statutes and regulations 1, 2, 3 X related to solid waste? Evaluation. ay b) The MASPIAASP EIR determined that implementation and build out of the MASP will not result in any significant impacts related to delivery of domestic water, wastewater collection or treatment, ar storm water drainage/retention and concluded that such impacts related to build -out of the MASP were less than significant and no mitigation was deemed necessary. The build -out under the MASP will be similar to that anticipated and projected in the City General Plan. The subject project proposes to provide all water, sewer and storm drain facilities necessary to adequately serve the subject project, including distribution, collection and other infrastructure capacity as required by the MASP facility master plan and the City's Storm Drain Master Plan/Waterway Management Plan. There is no new evidence that the subject project, as intended by the MASP will result in any adverse impacts to these service systems nor result in any exceedances of RWQCB wastewater treatment requirements. In addition to the on -site utility service infrastructure required with the development, the project is subject to City and MASP established Development Impact Fees that are charged in conjunction with approval of development projects to offset costs associated with off -site city-wide utility system impacts related to needed periodic maintenance and upgrades. Thus, there is no impact. c) Provisions in the City General Plan and MASP ensure that an adequate quantity of water will exist before any development is allowed. Moreover, the City has adopted the Water Allocation Regulations to insure that increased water use by new development will not cause inadequate water service to existing and future customers. Section .17.89.030 of the Water Allocation Regulation stnLes that a water nIIocation shall lie required to obtain a connection to the city water system for a structure or facility not previously connected. This project is also subject to water impact fees which were adopted to ensure that new development pays its share of constructing additional infrastructure needed to support additional facilities. More specifically, the project is subject to both the citywide water impact fees and the MASP-specific water add -on Fees. Thus, comp. Hance with the City and State standards and requirements will assure that impacts related to water supplies arc less than sigtiifigant. d) The City wastewater treatment plant and existing and proposed sewer lines in the vicinity and within the project site have sufficient capacity to serve the project site. The developer will be required to construct on -site sewer facilities according to the Uniform Plumbing Code standards. Impact fees are also collectmi when building permits are issued to pay for capacity at the City's Water Reclamation Facility. The fees are set to offset potential impacts associated with increases in demand and use by each new residential unit in the project. Thus, there is no impact. e) Solid waste collection within the City will be provided by a private operator under a City franchise and disposal is expected to contintic at Cold Canyon LandfilI until 201.8. The project must be consistent with the City's Source Reduction and Recycling Element which requires that recycling facilities be accommodated on the project site and a solid waste reduction plan for recycling discarded construction materials must he submitted with the building permit application. The project is also requited by the ordinance to include facilities for recycling to reduce the waste stream generated by the project. Thus there is no impact. f I The project will fully comply with existing federal, state, and local statutes and regulations related to solid waste. Thus, there is no impact. 17. MANDATORY FINDINGS OF SIGNIFICANCE. 1 CITY OF SAN Luis OBISPO 26 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:1t]oc cMENTS AND SI 7 rrnUstst tausl ttlf cicAl. SM-nrr(;slTF,.mv ixAKY Iwrvatwr Fci.us10!_K201F1NA2.Ivrrint. STUDY -roCrry S-1-47,i)ac r�r 1-`16 i r-1 Issues, Discussion and Supporting 1 formation Sources Sources Yoteat , � roEc,utally 1 �s5 riz,n No SipikanL Significant Significant Impact ER # 98-06 Issues Unless Impact Mitigation lnuor omtcd a) Does the project have the potential to degrade the quality of the 1, 2, 3, X environment, substantially reduce the habitat of a fish or wildlife 12, 13 wecies, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminitte a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or elitninale inip orIant examples of the major periods of Caiiforuia history or prehistory? b) Does the project have impacts that are individually limited, but 1, 2, 3, x cuinnlatively considerable? ("C:umuIatively consi(Ierable" means 4 that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current prgjeeLs, anti the effects of probabIC future rgjecls) C) Dbes the project have enAronmentaI effects which witI Cause 1, 2, 3, X substit ntial adverse effects on hunian heirigs, either directly or 4 indirectly? CITY OF 5AN Luis Oeispo 27 INITIAL STUDY ENVIRONMENTAL CHEcKLisT ER 98-06 (VTerM #2428-King) C:\DocuNIhNI , AN I]'SPA'I'ING.AstfiusFR1UXA1. Sm'TtNas\TFVI I X) RA K Y INTENNFI— FfL[S1iJLK201FINAL INITIAI. Sl'tyl]Y TO CITY 5- i-07.L)Uc ao� / - 7 7 i Alk Issues, Discussion and StipportinglFrormation Sources sources Votenti ?Dicntially toss Than No sipitirs'nt Significant sigtsiricant Impact �� # 98- 06 Issues Unless Impacl Mitigation in COI orated 18. EARLIER ANALYSB,S. rlier analysis rr:•rtly be used ,vbere, pursuant to the tiering, program EfR, or other CEQA process, one: or more effects have been adequately analyzed in an earlier EIR or Negative Declaration, Section 15063 (c) (3) (D), In this case �t discussion should identi [y the followinge items. a) Earlier analysis rased. Identify earlier analyses and state where tha are available for review. In 2004 the City of San .Luis Obispo certified an Environmental Impact Report for the Margarita Area Specific Plan (MASP). the Airport Area Specific Plan (RASP) and the related Iacilities Master Plan. The subject proposed VTM #2428 property lies within the boundaries of the MASP. Therefore, this prior MASPIAASP EIR evaluation considered impacts and mitigation related generally to potential development of the subject site and others pursuant to the MASP and related Facilities Master Plan. The prior EIR, certified by the City Council along witli the adoption of the MASP, RASP, and Facilities Master Plan on October 12, 2004, by Resolution No. 9615 (2004 Series) contained a variety of mitigation measures to be incorporated as discrete components of the MASP or as policies or development standards to he implemented through site specific development proposals, Further on August 23, 2005, by Resolution No. 9726 (2005 Series), the City Council re- certified, with additional mitigation, the MASPIAASP E1R for the Airport Area Specific flan (AASP), and adopted the Plan. The California Environmental Quality Act (CEQA) allows Lead Agencies (the City) to use the analysis of general matters contained in a broader EIR, such as for a general or specific plan, with later BIRs or Negative Declarations on narrower projects; incorporating by reference the general discussions from the broader EIR, and concentrating the later FIR or Negative Declaration solely on the issues specific to the later project. The environmental assessment approach is refereed to as "tiering„ The environmental analyses above for VTM #2428 take into account the environmental conclusions of the prior EIR as they are applicable to the proposed site specific project. As such, mitigation measures adopted in die prior E R that are applicable to the subject site -specific project, And therefore must be incorporated into the proposed project to effectively mitigate the prior identified impacts, are listed below. Some of these mitigation measures are verbatim from the prior EIR, others have been refined to more .Pc(.ifically clarify how they are applicable to the site specific project by way of Conditions of Approval, in order to be properly implemented. Lastly many of the applicable mitigation measures required by provisions of the MASP have been incorporated by the applicant into the actual project subdivision design, malting the project "self anitigating" in these instances. The Airporl Area and Margarita Area Specific Plans and Related Facilities Master. Plan Final Program EIR is available for review at the City of San Luis Obispo Community Devehipment Department, City flail, gilt Palm Street, San Luis Obispo, CA 93402-3249. h) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on flu. earlier analysis, The MASPIAASP EIR (prior EIR), (which included the sites of the three proposed subdivisions within the Western Enclave area,) was certified by the City Council on October 12., 2004, thereby determining that the FIR adequately analyzed the impacts listed in Column No..I and that mitigation was required for certain identified impacts, as noted. (If a potential impact was found by the MASP to not be significant, or has been found by the above -stared analyses to not be significant for the subject project, it is noted with strikethrough text. One impact/mitigation originating from the Certified FIR for the RASP -- Impact T-2 regarding Transportation Demand Management for exceeding LOS " W, is also applicable to the MASP. Column No. 2 indicates whether mitigations were required due to the impact being significant. Column No. 3 indicates status of impact after mitigation specified in the prior FIR. Column No. 4 indicates if there is a specific provision of the MASP that serves to implement or achieve the required mitigation. Column No. 5 reflects whether the site specific VTM, as designed or proposed, complies with the MASP mitigation ("complies") or whether a Condition of Approval {"CDA"} is required to bring a required mitigation forward through the pnJcct approval or subsequentpermits: tl�ti Crrr OF SAN Ws CStspo 28 INITIAL STUDY ENVIRONMENTAL. CHECKLIST ER 98-06 (VTTM #2428-King) CADOCLIMEN'IS-AND 3F7 INTERNET Fa.rs\0LK20\RNAI, INITIAL SWDY •IQ Crrr 5- 1-07.noc AML i Issues, Discussion and SupportingWormation Sources Sources Potent Potentially Less Than No Significant Significant Significant Impact ER # 98-06 issues Unless Impact Mitigation Incorporated MASP/RASP EIR-Identified Areas of Potential Impact Mitigation Re itired? Impact after Mitigation MASP Provision? Site Specific? 1.) Land Use and Aesthetics - LU-6 Change in Views "none feasible" SU Open Space & Parks complies - L.U-7 Increased light & glare yes I.-'1'-S Lighting Strid. 3.3 COA 2.) .Hydrology and Water Quality - H-4 Changes in course or "none feasible" SU Drainage 7.3 complies, COA direction of water move- ment 3.) Biological Resources - BIO-2 Valley Needlegrass yes L-T-S Open Space & Parks complies, COA - BIO-5 Open Water Habitat yes L-T-S Open Space & Parks complies, COA - BIO-6 Freshwater Marsh yes L-T•S Open Space & Parks complies, COA - BIO-7 Seasonal Wetlands yes L-T-S Open Space & Parks complies, COA - 13I0-11 Special -Status Plants yes L-T-S Open Space & Parks complies, COA - BIO-12 Non -listed Special -Status yes I..,-T-S Open Space & Parks complies, COA Wildlife - BIO-13 Calif. red -legged frog yes L-T-S Open Space & Parks complies, COA - BIO-17 Southwestern pond turtle yes L-T-S Open Space & Parks complies, COA 4.) Hazardous Materials HAZA Construction Related yes L: T-S not specified COA HAZ-3 Accidental Releases yes I. T-S not specified COA Notes: SU=Significant, Unavoidable (Statement of Overriding Considerations adopted), L-'I'-S_Less than Significant Each of these impacts listed is also relative to the subject proLject. No new impacts for the subject project have been identified and no new mitigation measures are needed. 19. SOURCE REFERENCES. 1. Margarita Area Specific Plan / Airport Area Specific Plan, and Final EIR 2. The City of San Luis Obispo 2004 General Plan / EIR and all its adopted Elements 3, City Council Resolution #9615, 2004 Series 4. City Council Resolution #9726, 2005 Series 5. SLO Municipal al Code 6. SLO Zoning Ordinance, 2004 7. SLO Construction Codes, 2002 8. SLO Community Design Guidelines, 2003 9. SLO Subdivision Re ulations, 1985, 1993, 2006 10. SLO Archaeological Resources Preservation Guidelines, 1995 11. Farmland Mapping and Monitoring Program of the California Resources Agency 12. Biological Assessment for KinjZ Vesting Tentative Tract Map No. 2428 APN: 076-331-015, City of San Luis Obispo, San Luis Obispo County, California, Althouse & Meade, Inc., July, 2005 .13. Wetland Declination for Kine Vesting- act -Map No. 2428 APN,076-331-015Cjtv,of San Luis Obispo, San Luis Obisl2o County. California, Althouse & Meade, Inc., July, 2005. CITY OF SAN Luis OBISPO 29 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTI'M #2428-King) C:\DocUMENTS A:'b Sfa"PINGS\SI.OI'SEK\LUCAL Sl rriN(;mTi!b1POKAIZY tNTMUN 'rFn.FS\0LK20Tit A1. INITIAL STUDY TO CITY 5-1-07.t)ox: O/' /---70 Ah Auk Issues, Discussion and SupportingWormation Sources Sources Potent Potentially Less Than No Signircant Signific:, Significant hnpact ER # 98-06 Issues Unless Impact Mitigation Incorporated 14. Phase I Environmental Site Assessment APN: 053-022-016 San Luis Obispo,, California, Project No. SL04955-1, GeoSolutions, Inc., June 27, 2005. 15. Affordable IIousina Project, Margarita Annexation and Specific Plan Area, San Luis Obispo California, Dave Watson, AICP, June, 2005 16. Addendum and Update to Hydrologic and Hydraulic Analysis Report for the Margarita Area, San Luis Obispo County, TEC Civil Engineering Consultants, October, 2005 and August 22, 2006 update letter to Rob Livick, P.E. City of San Luis Obispo from Mike Britton P.E. TEC Civil En ineerin Consultants. 17. Soils Enaineering,Report,_Tract 2428 Mary4r'tta Avenue Area, APN: 076-331-015, San Luis Obispo, California, Project SL.02258.1, GeoSolutions, Inc., June 11, 2005. 18. _ An Archaeological Survey for the Margarita Area Specittc,Plan,,,V�!estzrn Enclave Area, San Luis Obispo. San Luis Obispo County1 C ahfi�rnia, Heritage Discoveries, Inc., May 31, 2005 Attachments: Attachment 1: Vicinity Map Attachment 2: Revised Vesting Tentative Tract Map No. 2428 (City File No. TR 98-06) Attachment 3: Letter from TEC, Civil Engineering Consultants, August 22, 2006 regarding update to: Addendum and LJpdate to Hydrologic and Hydraulic Analysis Renortforrthe Margarita Area, SanLuis Obisp County, TEC, Civil Engineering Consultants, October 20, 2005 (Technical Appendices available for inspection at City Hall, Conintunity Development Department, 990 Palrn Street, San Luis Obispo, CA) Other source documents listed above which are not included as attachments are available upon request from or may be viewed at City Hall, Community Development Department, 990 Palm Street, San Luis Obispo, CA, 93401 REQUIRED MITIGATION AND MONITORING PROGRAMS Reduction of Light and Glare In order for MASP/AASP EIR Mitigation Mcasure .I.AJ-7.1 as implemented by the MASP to be carried through to lot - specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for the project for the review and approval by the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent property lines. Monitoring Program: The ARC will review development Mans for the project. City staff, including Planning and other departments, will review plans to assure that all the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed and maintained pursuant to the approved lighting plan. 2. Preparation and Implementation of "Comprehensive Biologicalitigation Program" Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP/AASP EIR, the adjacent approved VTM #2342 (Cowan) provides a lot in an area designated by the MASP for "Open Space - CITY OF SAN Luis OBISPO 30 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-00 (VTTM #2428-King) C�(\tiC.l('U�tEV"t'SANDSI-A hG515t..OI�SE?.till..00,1LSIB["1'!.\C�51`ri"s\41'OH�11ZYIN'rtiRALlI'LLt3S�OLK2O�F'IN:\t.INITIALSTUDYroCrry5-1-07.I:)oc p/ /— Al ? r tk Issues, Discussion and SupportingWbrmation Sources sources Potenti Potenlially Less Than No Significant Significant Significant Impact ER # 98-06 Issues Unless Impact Mitigation Incor posted Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be through a combination of on - and off -site mitigation, approved by the City, the DFti and the Corps. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in the King property's open space parcel, shall be required. This area occupies between one-half and three-quarters of an acre. The program would at it minimum, replace the existing non-native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Bills open space parcel (Lot 178) through mechanisms such as fencing, trail realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to the open space Lot 178 to the City of San Luis Obispo as permanent open space as part of the project. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern shall be required as follows: Palmer Spineflower. None required. Brewer Spineflower. None required. Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa Lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space; consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off -site location approved by the City, or consider lot adjustments to protect the major portion near lots 121, 122, and adjacent multifamily lot. On Sept..5, 2006, the SLO City Council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake. Park for relocation of adobe sanicle occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Platt. In its action, the Council Joined that Laguna Lake Park offers the best site for relocation of the adobe sanicle because Laguna Lake Park has a fairly large area of habitat suitable for the adobe sancle. Further, the adobe sanicle already occurs there naturally. Congdon Tarplant. Create compensating habitat in a suitable off -site location approved by the City. On Sept. 5, 2000, the .SLO City Council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park.for relocation of Congdon tarplant occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park gffers the best site for relocation of the Congdon tarplant because the City has already successfully conducted mitigation efforts at Laguna Lake Park for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. Loggerhead Shrike. Remove myoporum tree before nesting season. Note: See discussion above tinder checklist Discussion Item No. 4. "Biological Resources" for information related to partial completion of this mitigation measure regarding the adobe sanicle and Congdon tarplant. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites until after young have fledged. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space -Riparian" lands). The targeted property (lying south of Prado CITY OF SAN Luis Obspo 31 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:\Doc0MF.NTS AND SF7 1 flm;s\TI,.mPORARY INTmm r Fli.I>s\0LK2MiNA1_ MHAI. STUDY TO CITY 5-1-OrIMOC t7r I —A Ah Ah Issues, Discussion and SupportingmMormation Sources Sources Poten Potentially Less Than No Significant Significant Significant Impact ER # 98-06 Issues Unless Impact Mitigation Incorporated Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-.E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre -development run-off has resulted in seasonal flooding of Prado Road due to they currently deficient collectiorddistribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post -Western Enclave development generated run-off. It is proposed that this basin be enhanced to accommodate the greater project -generated and pre - project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be 'held and maintained by a Master Home Owners Association (MIIOA) establish(xl initially for the Western 1-nelave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. . Monitoring Program; Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on -site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP/AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre -construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off -site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. 3. Preparation and Implementation of a "Construction -Related Hazardous Materials Management Plan" As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they are known, site/development- specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compotrnds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction -related activities, the project proponent will cause Mitigation Measure IIAZ-1.2 to be activated. Mitigation Measure IIAl-1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase l site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase H site assessment will be completed. The,following Phase II environmental site assessments will be prepared specific to soil andlor groundwater contamination. a. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis jor anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. CITY OF SAN Luis OBISPO 32 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:U)OCLJNII-..`'IS ANI) SI'.1-r1`GS\SLOI Sf3R1Lo(:Ar. SI 'fT1 VCiS1'l'fiIPORARY INTERNE r rIl,r s\0LK20) F1NAL INi rIA[. STUDY TO Cary 5-1-07.UOc f-�>/- I_R-,7 Ah Issues, Discussion and Supporting , rmation Sources Sources Potenti - Potentially Less Than No Significant Significant Significant Impact ER # 98-06 issues Unless Impact Mitigation Incorporated b. Groundwater Contamination. For groundwater contamination, the Phase 11 assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. 1f groii'ndwcrter contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be no4fted. A contingency plan to dispose of con.tarninated groundwater will be developed in agreement with the SLOF.D and Central Coast RWQCB. • Monitoring Program: The "Construction -Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work cornmen.ced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. wi CITY OF SAN Luis OBISPO 33 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06 (VTTM #2428-King) C:\DCK'LfmtN"CS AND SEII'IN6MSL.OUSt-10-OCALSl rTINOATEMPORARY INTFRN I fn.t?S\OLKMHNALINITIAL.STUDYTOCITY 5-1-07.DOc ATTACHMENT Attachment B Biological Consistency Analysis by Althouse and Meade, July 30, 2013 nPrITJONY-41 ATTACHMENT ALTHOUSE AND MEADE, INC. BIOLOGICAL AND ENVIRONMENTAL SERVICES 1602 Spring Street • Paso Robles, CA 93446 • Telephone (805) 237-9626 • Fax (805) 237-9181 July 30, 2013 444.06 Mr. Gary Grossman Coastal Community Builders, Inc. 320 James Way, Suite 280 Pismo Beach, CA 93449 LynneDee Althouse, M.S. Daniel E. Meade, Ph.D. Re: Tract 2428 Margarita Annex — Biological Site Condition Consistency Analysis Dear Mr. Grossman: We conducted a site review of the Tract 2428 Margarita Annex property on July 18, 2013 to evaluate consistency of existing biological resources with conditions described and mapped as part of the 2005 Biological Assessment (Althouse and Meade, Inc. July 2005a) and Wetland Delineation (Althouse and Meade, Inc. July 2005b) prepared for the property. Althouse and Meade, Inc. Senior Biologist Jason Dart conducted the 2013 site consistency survey. Mr. Dart also participated in the biological field work in 2005, and is very familiar with biological resources on the site. Review of 2005 Biological Resource Studies Botanical and wildlife surveys were conducted between March and July 2005 (Althouse and Meade, Inc. July 2005). Five habitat types were described on the property: Valley and southern coastal grassland, serpentine bunchgrass grassland, wetland, rock outcrop and drainages. Serpentine bunchgrass grassland is a sensitive natural community that was described as occurring in the South Hills Open Space to the north, and extending onto the property along the toe of the slope at the northwestern end of the property. The majority of the grassland habitat on site was described as valley and southern coastal grassland, consisting of native and introduced grasses, both perennial and annual. This habitat type is not considered sensitive by California Department of Fish and Wildlife (CDFW). Seasonal drainages and wetlands within the permitting jurisdiction of CDFW, the U.S. Army Corps of Engineers (USACE) and the Regional Water Quality Control Board (RWQCB) were described and mapped on the property. Serpentine rock outcrops were described in three locations on the property. Serpentine rock outcrops are known to support special status plants in the area. Botanical surveys identified 122 species of plants on the property, including 7 special status species. One special status animal, loggerhead shrike, was documented on the Pr i -A � ATTACHMENT 2 Althouse and Meade, Inc. property. No federally listed plants or animals were expected to be present. One California state -listed rare plant species was present on site. 2013 Site Consistency Review Our 2013 site visit found the property was actively grazed by about 25 head of cattle. The site has historically been grazed. Grazing and drought conditions resulted in low overall grass height across the property. California ground squirrel burrow complexes were notably more abundant than in 2005. The property has not been tilled since 2005, and no structures or other development are present other than a temporary corral for cattle. Drainages and wetlands, as mapped in 2005, were inspected. No significant alterations, such as erosion, slumping or man-made impacts, have occurred to the drainages since 2005. Wetland areas were identifiable by presence of dried patches of brown -headed rush (Juncus phaeocephalus) that was described in 2005 as one of the dominant plant species in onsite wetlands. Without evidence of significant changes to drainage morphology and/or wetland hydrology, it is presumed that the functions and values of these features in 2013 is substantially similar to their 2005 condition, as described and mapped in the Biological Assessment and Wetland Delineation. Serpentine bunchgrass grassland habitat is present on Tract 2428. In July 2013 we found purple needlegrass (Stipa [=Nassella] pulchra), the dominant grass species in this habitat type, occurring in stands along the drainages. These areas were not mapped as serpentine bunchgrass grassland habitat in 2005. Bunchgrass density and extent should be re- evaluated site -wide according to current habitat description protocol to determine if additional habitat area is present that would require mitigation in adjacent open space areas. Special status plants were not observed during our July 2013 site survey due to a combination of factors including late season timing, drought conditions, and possibly grazing effects. Since no significant changes to the landscape have occurred since 2005, we expect no significant changes have occurred to special status plant occurrences on the site. Annual variation is expected in special status plant population density and location. Sincerely, LynneDee Althouse Copy: Cindy Chambers, Wallace Group T2428 Site Consistency Letter July 2013 2 F7C 1—Cqb ATTACHMENT 2 Althouse and Meade, Inc. References: Althouse and Meade, Inc. 2005a. Biological assessment for vesting tentative tract 2428; 27 acres of the 98 acre parcel APN 076-331-015, City of San Luis Obispo, California. Prepared for King Ventures. 29 pp. plus attachments. July. Althouse and Meade, Inc. 2005b. Wetland delineation for tentative tract map no. 2428, APN 076-331-015, King Ventures Properties, San Luis Obispo, California. Prepared for King Ventures. 13 pp. plus attachments. July, revised September. Althouse and Meade, Inc. 2006. Draft Mitigation, monitoring, and reporting plan for rare species on Tract 2428 of the Margarita Area Development. Prepared for King Ventures. 38 pp. March. Althouse and Meade, Inc. 2007. Comprehensive wetland mitigation and monitoring plan for vesting tentative tracts 2342, 2353, 2428, and Prado Park stormwater and wetland mitigation basin; located in the City of San Luis Obispo. 47 pp. August. City of San Luis Obispo. 2007. Initial Study Environmental Checklist Form for ER #98- 06; Planned Development Rezoning and Revised Vesting Tentative Map #2428 (King) 31pp. T2428 Site Consistency Letter July 2013 PC, l-'57 ATTACHMENT 2 Attachment C Traffic Study by Central Coast Transportation Consulting, January 6, 2014 ATTACHMENT January b, 2014 Timothy Bochum, PE Deputy Director of Public Works City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Mr. Bochum: This study evaluates traffic conditions with development of the Western Enclave of the Margarita Area Specific Plan (MASP) and other near -term projects without the Prado Road extension to Broad Street. SUMMARY Table 1 summarizes the level of service (LOS) at the study intersections, which would operate acceptably at LOS D or better under all study scenarios. Some locations would experience queue spillback with the addition of near -term project traffic, which could be addressed by the recommendations at the end of this letter. Table 1: Intersection Levels of Service Summarv' Existing Scenario A Scenario B Delay Delay Delay Intersection Teak Hour (sec/veh) LOS (sec/veh) LOS (sec/veh) LOS 1. S Higuera St/ AM 19.5 B 20.2 C 21.8 C South St PM 22.0 C 22.7 C 24.1 C 2. S Pliguera St/ AM 17.4 B 18.1 B 18.2 B Madonna Rd PM 26.3 C 27.8 C 47.5 D 3. S Higuera St/ AM 9.5 A 11.5 B 11.5 B Margarita Ave PM 10.0 A 10.4 B 10.5 B 4. S Higuera St/ AM 17.3 B 19.0 B 20.0 C Prado Rd PM 21.0 C 23.9 C 25.4 C 5. S Higuera St/ AM 21.8 C 22.7 C 25.9 C Tank Farm Rd PM 29.1 C 30.5 C 33.9 C ]. HCM 2000 average control dcla in sewnds per vehide. Deferring the Prado Road extension will result in higher volumes along South Street and Tank Farm Road. South Street currently operates near the daily threshold noted in the Circulation Element, and is forecast to exceed that threshold by approximately 15 percent with near -term projects in place. This is not expected to result in a breakdown in flow, but would reduce available gaps for turning vehicles, pedestrians, and cyclists. Tank Farm Road currently operates above the daily threshold, but would be well below the threshold when it is widened to four lanes. Margarita Avenue was reviewed in the context of daily traffic levels based on Circulation Element guidelines which specify a desired maximum of 3,000 daily vehicles. With development of the Western Enclave, daily traffic would grow to approximately 2,900 daily vehicles. Traffic along Margarita Avenue should be monitored (805) 31 b-0101 14 N Ocean Avenue, Suite 132, Cayucos, CA 93430 PCl-39' 11�45P Western 1='FnIL ��r�a'f#ic V naIyTsisz by the City and the area may qualify for the City's Neighborhood Traffic Management Program if desired by local residents. ANALYSIS APPROACH These study roadway segments were evaluated using average daily traffic (ADT) volumes, shown on Figure 1: ■ South Street west of King Street • Margarita Avenue east of South Higuera Street • Prado Road east of South Higuera Street • Tank Farm Road west of Santa Fe Road Roadway segment threshold volumes are approximate and serve as a general guide for determining if a roadway is below or over capacity, and are typically used for long-range planning purposes. Intersections are usually the constraint points in urban environments, causing capacity issues before the roadway segment flow breaks down. The following intersections were evaluated during the weekday morning (7-9 AM) and evening (4-6 PM) time periods. The peak hour volumes are shown on Figure 2. 1. South Higuera Street/South Street 2. South Higuera Street/Madonna Avenue 3. South Higuera Street/Margarita Avenue 4. South Higuera Street/Prado Road 5. South Higuera Street/Tank Farm Road The analysis scenarios are described below. Figure 3 shows the projects included in each scenario. • Existing Conditions reflect recently collected (2012) traffic counts. • Scenario A adds traffic expected from Tracts 2342, 2353, and 2428 (all located in the Western Enclave) to Existing Conditions volumes. This scenario assumes that Tank Farm Road is widened to four lanes. • Scenario S includes near -term approved and pending projects in the study area and the Western Enclave projects. This scenario also assumes that Tank Farm Road is widened to four lanes. Further details of each of these scenarios and the analysis results are provided in the forecasting section The City of San Luis Obispo's Circulation Element calls for LOS D as the minimum acceptable service condition for signalized intersections. Average daily traffic (ADT) volumes were analyzed based on thresholds in the Circulation Element. Table 2 shows the LOS thresholds for signalized intersections and the ADT thresholds from the City's Circulation Element. Signalized Intersections' Average Daily Traffic Thresholdsz Control Delay Desired Maximum Desired Maximum (seconds/veWcle) Level of Service ADT/LDS Speeds c 10 A Two-lane Arterial Streets 15,200/13 40 mph * 10 - 20 B Pour -lane Parkway Arterial Streets 33,030/13 45 mph * 20 - 35 C Residential Collector Streets 3,000 25 mph 7 35 - 55 D 2. Maximum Desired ADT and speeds per Table 6.2 of the 2006 Circulation Element. Arterial streets * 55 - 80 E have a maximum of LOS D, which m:responds to anADT of 15,200 vehicles for 2-lane sections per 7 80 p 1FDOTs ADT tables (Class II signalized arterial, 2 lanes undivided). Four -lane parkway arterial mpadties are 141lated as a Class i arterial with mpadty lowered 105/4 bemuse it is a major City (not State) roadway . I. Based on 20M Hrghxq C y NluxuaL Central Coast Transportation Consulting January G, 2014 pr 1-90 MASP Western Enclave Ziaiff, Anaiy is2 EXISTING CONDITIONS This section describes existing conditions in the study area. Traffic Operations Traffic counts from May 2012 were used to analyze weekday AM and PM peak hour conditions. Figure 2 shows the peak hour traffic volumes under the analysis scenarios. Table 1 shows that the intersections operate at LOS C or better under existing conditions. The detailed LOS calculation sheets are included as Appendix A. Table 3 summarizes the average daily traffic levels on key roadways in the area. Tank Farm Road currently exceeds the daily volume desired in the Circulation Element. Margarita Avenue and Prado Road are both well below their desired thresholds identified in the Circulation Element. South Street is within three percent of the desired maximum volume. As noted above, these are approximate thresholds generally used for planning future roadway expansions, and operational issues would occur at intersections rather than along the roadway segments. Segment Margarita Avenue Prado Road South Street Tank Farm Road Margarita Neighborhood Traffc Existing Scenario A Scenario B 1,190 2,900 2,900 3,302 6,100 7,500 14,854 15,300 17,300 19,576 20,100 23.700 Traffic Speeds: The City collects vehicle speed data as a part of setting speed limits. Speed surveys were conducted in 2010 for the eastbound and westbound segments of Margarita Avenue. Traffic speeds are typically expressed in terms of the 85th percentile speeds, which is the speed that is not exceeded by 85 percent of drivers. The 85th percentile speeds on Margarita Avenue are 28 mph in the westbound direction and 29 mph in the eastbound direction. The posted speed is 25 mph. This data would not support a change to the speed limit based on the California Vehicle Code. Collision History: The City prepares a Traffic Safety Report every year to identify high collision locations within the City and monitor mitigation measures intended to reduce collision rates. Margarita Avenue has not been identified as having high collision rates in any of the Traffic Safety Reports prepared since 2005. The calculated collision rate at the intersection of South Higuera Street/Margarita Avenue is 0.83 collisions per million entering vehicles. This is below the statewide and SLO County average collision rates for two-lane facilities. Daily Volumes: Margarita Avenue has a maximum desired ADT of 3,000 daily vehicles per Table 6.2 of the City's Circulation Element. The existing ADT of this segment is 1,190 daily vehicles. Central Coast Transportation Consulting January 6, 2014 MASP Western Eric1T- 'IiatftcnalTs2 TRAFFIC VOLUME FORECASTS The amount of project traffic affecting the study intersections is estimated in three steps: trip generation, trip distribution, and trip assignment. Trip generation refers to the total number of new trips generated by the site. Trip distribution identifies the general origins and destination of these trips, and trip assignment identifies the specific routes taken to reach these origins and destinations. The City of San Luis Obispo's Travel Demand Model (TDM) incorporates these steps, and was used to develop forecasts for Scenarios B. The TDM was used because it includes locally valid trip generation rates and captures the interaction between different land uses. Model Application Approach A list of approved, pending, and reasonably foreseeable projects was obtained from City staff. These projects, shown on Figure 3, were added to the TDM. Trip generation rates produced by the City's TDM were compared to rates in the Institute of Transportation Engineers' Trip Generation Manual for PM peak hour conditions. The TDM's trip generation for the Scenario B land uses was 11 percent lower than the generic ITE rates. The ITE rates were not adjusted to reflect higher than average levels of cycling and transit usage in the City, nor were they adjusted to reflect pass -by trip reductions. This comparison indicates that the model outputs are reasonable and appropriate for use. Appendix B shows the model's trip generation compared to ITE rates. Scenario A This scenario adds traffic from Western Enclave Tracts 2342, 2353, and 2428 to existing traffic volumes. The TDM does not include detailed loading for individual parcels, such as those in the Western Enclave where detailed site layouts affect the portion of traffic assigned to Margarita Avenue and Prado Road. Trips from the Western Enclave tracts were manually added to the network using standard ITE rates based on the site plans contained in the Prado Road Delivery Plan. This manual assignment used ITE rates to present a conservative analysis, since the ITE rates for residential uses are higher than the comparable rates in the TDM. Development of the Western Enclave Tracts would include new road connections between Margarita Avenue and Prado Road. These connections would be used by some of the existing residents along Margarita Avenue, shifting some existing traffic to Prado Road. These shifts are not reflected in the analysis to present a conservative analysis of forecast conditions along Margarita Avenue. Scenario B Scenario B reflects conditions with near -term projects plus the Western Enclave Tracts in place. The location of near -term projects are shown on Figure 3, and near -term project details are provided in Appendix B. Trips from approved/pending/reasonably foreseeable projects were assigned by the TDM, which provides a post - processing module applying NCHRP 255 forecasting methods to produce turning movement forecasts. Central Coast Transportation Consulting January 6, 2014 PC /-9d,— MASP Western En, 7iatEtc naITs2 ANALYSIS RESULTS The analysis results are summarized in Tables 1, 3, and 4. The study intersections operate acceptably at LOS D or better during the AM and PM periods under all scenarios. The study segments of Margarita Avenue, Prado Road, and Tank Farm Road are forecast to have volumes below the desired maximum daily volumes. South Street would exceed its daily volume threshold by approximately 15 percent. As noted above, this is not expected to result in a breakdown in flow, but would offer fewer gaps for turning traffic and pedestrians crossing South Street between Broad Street and South Higuera Street. Because traffic operations are constrained by the intersections at both ends of South Street, the widening of South Street is not recommended. Margarita Avenue has a maximum desired ADT of 3,000 daily vehicles per Table 6.2 of the City's Circulation Element. The existing ADT of this segment is 1,190 daily vehicles, and the addition of near -term traffic increases the forecast ADT to 2,900 daily vehicles. The all -way stop controlled intersections on Margarita Avenue would continue to operate at LOS A during peak hours with the addition of near -term traffic. Queue Analysis Queues were evaluated using the 95th percentile values, which would not be exceeded 95 percent of the time. Table 3 summarizes 95th percentile queues for turning movements that would exceed storage capacity. Table 4: 95(h Percentilc Quctics 95th Percentile Queues (feet) Storage Peak Scenario B w/ Intersection Movement Length Hour Existing Scenario A Scenario B improvement Westbound Left 130 ft AM 172 175 238 Extend turn pocket to 1. S Higuera St/ South St PM 236 242 284 300 ft. #140 #140 #140 No improvement Southbound Left' 100 ft AM PM 104 104 #113 recommended. 2. S Higuera St/ Madonna Rd Northbound Left 160 ft PM #310 #323 #495 Dual left- queue #212 feet 3. S Higuera St/ Margarita Ave Southbound Left' 100 ft PM 63 109 111 No improvement recommended. Northbound Left' 250 ft PM 351 358 385 Dual left- queue 156 4. S Higuera St/ Prado Rd feet 116 156 196 Extend turn pocket to Southbound Left' 125 ft AM PM 104 189 202 250 feet. 5. S Higuera St Tank Farm Rd �g / Southbound Left' 165 ft AM 200 232 276 Dual left- queue 135 PM #306 #347 #387 159 feet AM 1. Queue length that would not be exceeded 95 percent of the time. Queues are reported only for turning movements where queues exceed storage capadty. 2. Length of marked pocket. Queues spilling out of pocket would be stored in a two-way left -rum lane. #. 95th percentile volume exceeds capadM queue may be longer. Recommendations South Higuera Street/South Street: Caltrans recently ceded control of this intersection to the City of San Luis Obispo. The City is in the process of upgrading the signal control equipment to meet City standards, which may include signal timing changes. The City has a project underway to prohibit left turns from South Street to Parker Street in an effort to improve safety at that location. This turn prohibition would also extend the westbound left turn lane at South Higuera Street/South Street to approximately 300 feet, which would accommodate the projected queues under all scenarios. The southbound left turn queue spillback is not expected to change substantially from existing conditions (approximately two vehicles), so no further improvements are recommended. Central Coast Transportation Consulting January 6, 2014 P(-- /- V3 MASP Western Eri,Tl ,f , Mry;is2 2. South Higuera Street/Madonna Avenue: This intersection also was recently controlled by Caltrans and is now controlled by the City. The northbound left turn queue is expected to increase from approximately 300 feet under existing conditions to nearly 500 feet with near -term projects. Traffic from the Western Enclave Tracts 2342, 2353, and 2428 represents less than ten percent of the near - term growth contributing to this deficiency. The conversion of one northbound through lane to a left turn lane (resulting in two northbound left turn lanes and one shared through/right turn lane) would reduce this queue to approximately 200 feet and would reduce overall intersection delay. This project is not currently programmed, and would require further operational study and geometric review before implementation. 3. South Higuera Street/Margarita Avenue: Southbound left turn queues are projected to spill out of the turn pocket by less than one vehicle length. The queue would spill back into a two-way left-tum lane, not the through lanes, so no improvements are recommended for this location. Queues on the eastbound approach (DMV driveway) would remain under two vehicles with near -term projects in place. 4. South Higuera Street/Prado Road: a. Queues from the northbound left turn lane currently spill back out of the turn pocket, and the addition of near -term traffic will increase these queues. While the Western Enclave tracts do not add traffic to this movement, the Prado Road extension is expected to shift traffic patterns and reduce the demand for this movement. Deferring the Prado Road extension would prolong the time that this left turn movement experiences queue spillback. The addition of a second northbound left turn lane would reduce queues for this movement to less than 200 feet. This improvement would also require widening of the Prado Road bridge west of South Higuera Street to provide two receiving lanes. A project study report is currently underway for the bridge widening, and the second left turn lane is expected to be amended into the City's Traffic Impact Fee program during its next update. b. The southbound left turn lane would also experience queue spillback. While the marked pocket is relatively short, queues can spill back into a two-way left-tum lane. This TWLTL serves a driveway approximately 275 feet north of Prado Road, so the effective storage length is longer than the marked turn lane. The projected queues for the southbound left turn movement would be accommodated in the TWLTL without blocking access to the driveway. Re -striping the TWLTL as a 250 foot pocket would accommodate the projected queues. c. The westbound approach is not expected to have queue spillback. The installation of pedestrian countdown heads on the South Higuera Street crossings would improve pedestrian conditions by showing how much time remains to complete the crossing, which provides access to the Bob Jones Trail. 5. South Higuera Street/Tank Farm Road: The southbound left turn queues at this intersection currently exceed the storage capacity, and would lengthen with near -term traffic. The installation of a second southbound left turn lane would reduce queues to an acceptable level. Cost estimates have recently been prepared for this projects, and it is expected to be amended into the City's Traffic Impact Fee program in the next TIF update. A related project is the installation of a westbound right turn overlap phase, which would further improve traffic operations at this location. Central Coast Transportation Consulting January 6, 2014 ,P/-/— 94 A AEN MASP Western Ericlar Tratfi, Analyf s2 6. Margarita Neighborhood: Margarita Avenue has a maximum desired ADT of 3,000 daily vehicles per Table 6.2 of the City's Circulation Element. The existing ADT of this segment is 1,190 daily vehicles, and the addition of near -term traffic increases the forecast ADT to 21900 daily vehicles. Traffic speeds and volumes along Margarita Avenue should be monitored upon occupancy of Western Enclave tracts, and neighborhood issues evaluated in the context of the City's Neighborhood Traffic Management program. This is consistent with the conditions of approval (per Resolution No. 9776 (2006 Series), condition Streets 6) requiring monitoring of traffic volume and speeds in the area once development occurs and installation of traffic calming measures if necessary. Alternatively, the Resolution allows for payment of a one-time contribution to the City's Neighborhood Traffic Management program in the amount of $130,000. This condition should remain in place to ensure neighborhood traffic issues are addressed. Traffic Share Calculations Table 5 summarizes the portion of traffic generated by individual MASP projects. Standard ITE rates were used to develop daily trip estimates using the land uses in the Margarita Area Specific Plan Reimbursement, Fiscal, and Economic Analysis Final Report (Goodwin Consulting Group, January 4, 2013). Project Land Use Size Daily Trips % of MASP Trips Tract 2428 Single Family Residential2 �t�) 165 units 1,665 0 Multi -Family Residenti2 32 units 213 8 /o Single Family Residenti2 121 units 1,252 Tract 2353 (Sena Meadows) Multi -Family Residenti2 23 units 153 7% Business Park4 18,290 s.f. 228 Tract 2342 (Mangano) Single Family Residenti2 56 units 616 Business Park4 20,119 s.f. 250 4% Byron Davis Business Park4 160,000 s.f. 1,990 8% Single Family Residentialz 355 units 3,369 Damon & Garcia Multi -Family Residential3 84 units 559 0 Business Park4 405,108 s.f 5,040 58 /o Retails 65,000 s.f 5,133 LJ Martinelli, Jr Business Park4 200,000 s.f. 2,488 10% AP Martinelli Business Park4 100,000 s.f 1,244 5% Total 24,200 100% 1. Estimates based on Institute of Transportation Engineers' Trip Generation Manual, using most applicable generic land use types. 2. ITE Land Use Code 210, Single -Family Detached Housing. Fitted curve equations used. 3. ITE Land Use Code 220, Apartment. Average rates used. 4. ITE Land Use Code 770, Business Park. Average rates used. 5. ITE Land Use Code 820, Shopping Center. Fitted Curve equations used. Source: Trip Generation, 9th Edition, ITE (2012) and CCTC, 2013 Central Coast Transportation Consulting January 6, 2014 p ,/- 1 - g-'15, MASP Western Eric1T Traffic naITs2 CONCLUSIONS The development of Western Enclave tracts and near -term projects would not result in LOS deficiencies at the study intersections. Near -term traffic increases will cause operational issues at the study intersections which can be addressed by the following actions: • South Higuera Street/South Street: the City shall implement the planned westbound left turn lane extension and associated left turn prohibition to/from Parker Street. • South Higuera Street/Madonna Avenue: the City shall monitor traffic operations at this location and evaluate the need and feasibility of converting a northbound through lane to a second northbound left turn lane. • South Higuera Street/Prado Road: the City shall amend the Traffic Impact Fee to include the second northbound left turn lane at this location. The City shall enter into a cost sharing agreement with the Western Enclave applicants to re -stripe the southbound left turn lane and install pedestrian countdown heads at this intersection. • South Higuera Street/Tank Farm Road: the City shall amend the Traffic Impact Fee to include the second southbound left turn lane at this location. • Margarita Neighborhood: the previously adopted Condition of Approval requiring monitoring of traffic conditions or a one-time Neighborhood Traffic Management contribution should be included in the revised Conditions of Approval. • The Western Enclave projects shall pay the amended Traffic Impact Fee as their fair share contribution to the deficiencies identified in this report. If at the time of building permit issuance the City's TIF has not been amended to accommodate these projects, or Prado Road has not been connected to Broad Street, the Western Enclave project applicants will be responsible for paying a pro rata share of said improvements subject to approval of the City's Public Work Director. Please let me know if you have any questions. I appreciate the opportunity to assist with this project. Sincerely, I Joe Fernandez, PE, AICP Principal Enclosures: Figure 1: Study Area and Daily Volumes Figure 2: Peak Hour Volume Summary Figure 3: Approved/Pending Projects Summary Appendix A: LOS/Queue Calculation Sheets Appendix B: Trip Generation Comparison Central Coast Transportation Consulting January 6, 2014 ATTACHMENT 2 Figure 1: Study Locations and Daily Volumes z 9 South St Average Daily Traffic a Existing: 14,854 o°c¢ Scenario A: 15,300 Scenario B: 17,300 �, m Average Daily Traffic r . Existing: 1,190 i Orcutt Rd. Scenario A: 2,900 ■� Scenario B: 2,900 �t t Direct Lenders 61 M i L (TR 2428) \ �dn p ~ ?Mangano _ . 01. �ar9ar, a,�qy� . �(7R 2353)1 r �4 rManganoJ JR 2342j i t . -0 % Average Daily Traffic a`I `■ Existing:3,302 Scenario A: 6,100 Scenario B: 7,500 c Tank Farm Rd, Average Daily Traffic Existing: 19,576 Scenario A: 20,100 Scenario B: 23,700 411 aQ 4� r Buckley Rd, Not to Scale December 2013 0 -Study Locations MASP Western Enclave Traffic Analysis a/,� 1 — q% Figure Z: Peak Hour Volumes Existing Volumes 1. CO ._ a ['r] N 04 `�' -0--- 29(15) � . L f-449(609) South St. 22(25) _# r N 14(16)-1-- 0 v 17(18)-, M 'IT rn N � z. tiYo 'L10(13) It - 8(64 ) n '6 3(5) Madonna Rd, ■ 558(574) # r 25(23)-ta LO N r 436(311)-- rn N 3. o v^� r Ln c +- 5(1(j48) o (0 53(39) Margarita Ave. t 3(22) - 1(0)-a o rvN ch cn �r 14 31 r 4. r cta In r00i ('0 - -- 32(50) r = F36(96) ,` 31(43) Prado Rd. 55(54)s 81(17)-o- r- L 84(99)-, co co N NN 5. CD cp CO N 2 'L 214(294) A 0) T rn s ---10(11) N L�. 1-276(570) tl * 6 Tank Farm Rd. - 22(16)j & N 13(10)� t 5(3)-* ut`i 470 Ln December 2013 Scenario 1. A Volumes r L65(91) CO CO2 M m f-456(622) South St. 22(25)—# r N Q 'UO) 'L'Ot Ln a n LO 2. C� a 4--10(13) 000 N L6 35 �() Madonna Rd. 558(574) # r 25(23)-ta M ui L 443(324) r CO 3. r o n i-orN 97(79) v o LO 4-1(1) . Lo. v ,` 91(64) Margarita Ave. 141 f 3(22) JL a � v L!'] 14(31) cv u � N 4. Ln cw 'L 112(117) F65(120) ri--67(73) Prado Rd. 61(72) JL r 95(45) m I 84(99) CO m N N 5. cocc 0 S c n "L228(325) 04 L„ "' = * dui *-276570 ( ) Tank Farm Rd. -41 t fl- 22(16) S o R :;;:' 5(3) -, m o ATTACHMENT 2 Scenario B Volumes 1. ., n Ln N +-66(84) 0 LO �a u ,`613(716) South St. r7 22(25)_i .— t Ln 14(16} 0)o 17(18) -* n L(OO o m LO 2. gym-. Ln m-10(13) D � r -8(64) �1 Lo. u ,`3(5) Madonna Rd. 588(793) j 25(23) -o. c4 r 487(389) r ' 3. Ln _ m LO t Q N r m Z 91(77) Rt OD LO f-92(67) Margarita Ave. AIL 3(22) -+ - _ cQ 1(0)—a cn oo a7 14(31 } �, � o m 4. o 8 d -, M �-L'L113{152} 66(157) ' L)., (6 ,`76(98) Prado Rd. 50(73) ,� 129(46)— U') ^ M 84(94) N 5. iz- m 270(389) --10(11) N N 2 + y N f-322(732) Tank Farm Rd. rp- 22(16) j o u, 13(10) - . v 5(3)-* M xx(yy) - AM(PM) Peak Hour Traffic Volumes MASP Western Enclave Traffic Analysis 0/- /_ 9A ATTACHMENT 2 Figure 3: Near Term Projects VI 4 Not to Scale December 2013 _ V m s°7 x "YW South St. Village at Broad Moylan Terrace South Street Apartments V QrcutL Area T (f�ighettz & Wingate) 0rcutt Rd. t Laurel Creek i Direct Lenders L JR 2428) N. ar to Ave. Mangano �(TR 2353)I IMangganol I (TR 2342} Davis Project Tank Farm Rd. Loni;-J3onetti Rd. SESLDC MindBody Digital West Chevron Tank Farzn Phase l & 2 7 - Study Intersection * - Scenario B i - Scenario A MASP Western Enclave Traffic Analysis fl1 /_ 4 Attachment 3 RESOLUTION NO.9917 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING VESTING TENTATIVE TRACT MAP NO.2428 (MODIFIED) FOR PROPERTY LOCATED AT 3000 CALLE MALVA (TR, PD, and ER 98-06) WHEREAS, the City Council of San Luis Obispo on May 15, 2007, by Resolution No. 9897, accepted a conservation easement, and ultimately fee title, to the 71-acre open space lot (Lot 178) donated to the City of San Luis Obispo by the project applicants, John E. and Carole D. King, as an integral part of their project; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 23, 2007, and recommended, by Resolution No. 5481-07, approval of Application TR/PD/ER 98-06, a request to change the zoning district on the central approximately 11 acres of the site from R-2-SP and C/OS-SP to R-2-SP-PD and C/OS-SP-PD, and subdivide a 99-acre site into 178 lots; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 3, 2007, for the purpose of considering Applications TR, PD and ER 98-06; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings in support of approving the proposed project: Subdivision Map Findings 1. As conditioned, the design of the vesting tentative tract map is consistent with the General Plan because the proposed project respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's needed residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established by the Margarita Area Specific Plan. 2. The site is physically suited for the proposed type of development allowed in the R-1-SP, R-2-SP, R-3-SP, and the requested R-2-SP-PD residential areas as well as the C-OS-SP, C-OS-40-SP, and R 9917 PG1-lo0 Resolution No. 9917 (2007 Series) Page 2 requested C-OS-SP-PD open space zones because the site contains slopes that are less than 30% in the areas to be developed, has suitable and appropriate access via existing and planned streets consistent with the MASP, and preserves and provides for long-term maintenance of areas of important or sensitive habitats via lots designated for open space. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within, the proposed subdivision because all such easements have been accommodated by the proposed design of the subdivision and location of improvements. 4. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements are residential and development is a similar scale to existing development already adjoining the site to the south and west and approved development adjacent to the south of the site. Additionally, new construction will be designed to meet existing building and safety codes. 5. The design of the subdivision, or type of improvements, will not have a significant adverse impact on the environment or substantially or unavoidably injure fish or wildlife or their habitats subject to the mitigation measures of the Final Environmental Impact Report (FEIR) certified by the City Council on October 12, 2004 together with the mitigation monitoring program adopted with said EIR approval, because all said applicable mitigation measures and monitoring program are incorporated into the project as recommended below. 6. The Mitigated Negative Declaration prepared by the Community Development Department on May 1, 2007 adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce impacts to less than significant levels. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, as modified, determining there is no substantial evidence of new or further significant impacts not already identified either in the prior certified Environmental Impact Report prepared for the Margarita Specific Plan or in the subsequent Initial Study prepared for this site specific project. 7. The offer of donation of a conservation easement and ultimately, fee title, to the 71-acre open space lot proposed in the subdivision map is consistent also with the General Plan of the City of San Luis Obispo. Creek Setback Exception Findings 8. The location and design of the exceptions proposed respecting pedestrian trails within and crossings over the creek corridors will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement, because the location and design of the trails and creek crossings will be constructed outside of the established floodway and will not impede flood waters or planned storm water management improvements and maintenance required for the tract. Further these features provide for desired passive use and enjoyment of the creek corridors as a tract amenity, and established access ways provide for management and monitoring of the natural and enhanced habitat in the area of the corridors, and facilitate movement of localized habitat of the site and general area. Pr l-/bl Resolution No. 9917 (2007 Series) Page 3 9. The exceptions proposed herein will not limit the city's design options for providing flood control measures that are needed to achieve adopted city flood policies, as no adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings. Furthermore, the retention of the creeks in their natural location, together with the parallel storm water runoff collection system, will ameliorate historical flooding occurrences at the existing Prado Road culvert. 10. The exceptions proposed herein will not prevent the implementation of City -adopted plans, nor increase the adverse environmental effects of implementing such plans. No adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings. Special construction techniques will be used to minimize the potential for urban runoff to alter the flow regime in the creeks, thus protecting them from "flash" flows and urban pollutants. 11. The exceptions proposed herein will not be a grant of special privilege because the proposed trail networks are consistent with requirements of the adopted MASP to accommodate special site features not occurring on other lands of similar zoning in the vicinity and will be augmented with devotion of additional private lands to increase the functional width of the overall natural corridors to benefit multiple purposes of preserving natural habitat, enhancing the aesthetic and passive recreation quality of the subdivision and facilitating maintenance of natural drainage flows and pattern. Further the channels (3 in all) separate development areas of the site from one another, the interconnections and creek crossings provide access between all units of the PD neighborhood, as well as options to connect into the perimeter pedestrian and bike systems planned for this subdivision and the overall Western Enclave and Margarita Area Specific Plan. Because the channels run at odd angles and traverse the site diagonally, this produces remnant areas that are inefficient and would reduce overall densities if the efficiency of the encroachments were not permitted. Rather than relocate the channels as permitted by the MASP, the creek corridors will be maintained in their present configuration, preserving, therefore in a largely undisturbed manner, the established habitat values and runoff patterns while seeking modest exceptions to regain efficiencies in land planning and overall project design. 12. The exceptions proposed herein will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream, because the collection and flow of flood waters will not be impeded, nor will the trails and crossings impede the planned improvements to the tract storm drainage system. 13. Site development cannot be accomplished with a materially different redesign of the project because redesign of the project to accommodate trails outside the corridors, while possible, would be at the expense of achieving densities desired by the MASP and ultimately would compromise the "affordability by design" objectives of that Plan. 14. Redesign of the project would deny the property owner reasonable use of the property in that the minimum density threshold of the MASP for the subject site calls for no less than 149 units (not including affordable housing requirements.) A potential redesign could affect at least 37 lots/units, and potentially more as the changes could "domino" throughout the tract. This would potentially impact a finding of consistency with density required for the project by the MASP, compromising the ability to develop the property as planned. Resolution No. 9917 (2007 Series) Page 4 SECTION 2. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: Mitigation Measures and Mitigation Monitoringand Reporting Program Reduction of Light and Glare 1. In order for MASP/AASP EIR Mitigation Measure LU-7.1 as implemented by the MASP to be carried through to lot -specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent property lines. ➢ Monitorine Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Preparation and Implementation of "Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP/AASP EIR, VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open Space -Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. 3. Mitigation for Impacts to Creek Habitats. Mitigation for impacts to creek habitats will be through a combination of on- and off -site mitigation, approved by the City, the DFG and the Army Corps of Engineers. 4. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in the King property's open space parcel, shall be required. This area occupies between one-half and three-quarters of an acre. The program would at a minimum, replace the existing non-native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills open space parcel through mechanisms such as fencing, trail pG l -103 Resolution No. 9917 (2007 Series) Page 5 realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to the open space lot 178 to the City of San Luis Obispo as permanent open space as part of the project. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern shall be required as follows: Palmer Spineflower. None required. Brewer Spineflower. None required. Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo Dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space; consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off - site location approved by the City, or consider lot adjustments to protect the major portion near lots 82, and adjacent multifamily lot. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of adobe sanicle occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat suitable for the adobe sanicle. Further, the adobe sanicle already occurs there naturally. Congdon Tacplant. Create compensating habitat in a suitable off -site location approved by the City. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat suitable for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. Loggerhead Shrike. Remove myoporum tree before nesting season. 6. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or 300 feet from raptor nests, until after young have fledged. 7. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space -Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre -development run-off has resulted in seasonal flooding of Prado Road due to they currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off -site property designated for open space o�,l-1 d-4 Resolution No. 9917 (2007 Series) Page 6 use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post -Western Enclave development generated run-off. It is proposed that this basin be enhanced to accommodate the greater project -generated and pre -project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. ➢ Monitorine Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on -site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP/AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre -construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off -site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation and Implementation of a "Construction -Related Hazardous Materials Management Plan" As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they are known, site/development-specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction -related activities, the project proponent will cause Mitigation Measure HAZ-1.2 to be activated. Mitigation Measure HAZ-1.2 states: "The project proponent will complete a Phase 1 environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil and/or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. 12 C, A v Resolution No. 9917 (2007 Series) Page 7 b. Groundwater Contamination. For groundwater contamination, the Phase 11 assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. ➢ Monitoring Program: The "Construction -Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. SECTION 3. Action. The City Council does hereby approve Application TR/PD/ER 98-06 with incorporation of the following conditions and code requirements into the project: Conditions: Streets: 1. Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a detailed schedule and delivery "Plan", to be approved by the Public Works Director, for the improvement of Prado Road between its eastern terminus at the current City boundary and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced in two segments. The first segment shall be the new roadway from the present easterly terminus (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the "Prado Road Extension - Western Enclave" segment (PRE -WE). The second segment shall be from the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street. This second segment shall be referred to as the "Prado Road Extension - "M" Street to Broad" segment (PRE -NO). At a minimum, the Plan shall address the following milestones for Right -of -Way acquisition, design and construction: a. At the time of submittal of any plans for final map and/or improvement plan checking: The subdivider shall submit construction drawings and specifications for the full width improvement of the "Prado Road Extension - Western Enclave" segment (PRE -WE), and shall submit schematic plans for the full width improvement of the "Prado Road Extension - "M" Street to Broad" segment (PRE-MB). The final map and improvement plans will follow approximately 6 months after the date of the approval of the Tentative Map. During this time the City as well as area property owners will be involved in the review of updated drafts and the selection of the proper engineering company as well as overseeing the design. Following Tentative Map approval, the Western Enclave Property Owners (WEPO) and the City will establish a PC 1-lQ(v Resolution No. 9917 (2007 Series) Page 8 Stakeholder Group comprised of MASP property owners and public utility companies, etc. to augment/expedite the conceptual design of the PRE-MB component of the Roadway. b. The PRE -WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities, storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works. c. Off -site dedication of property for public right-of-way purposes is necessary to facilitate the construction of Prado Road. The subdivider shall exhaust all avenues available to acquire said public right-of-way dedication. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off -site right-of- way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off -site right-of-way acquisition (including attorney and court costs). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Works Director. d. Subject to the availability of necessary right-of-way, the subdivider shall complete construction of the PRE -WE segment prior to occupancy of the 50th unit within the subdivision. If right-of-way is not available at the time of approval of the final map, the subdivider may submit a plan for providing interim, secondary access to the WEPO properties that is subject to approval by the Public Works Director. This secondary access shall be completed prior to granting of occupancy permits and may be required to be removed at a later time when additional access is provided from adjacent properties. e. At the time of recording the final map, the subdivider shall bond for the completion of the engineering plans and specifications, environmental review, if necessary, and associated construction permits for the PRE-MB segment. The subdivider shall complete the construction drawings and specifications for the PRE-MB segment on or before the 100th unit is occupied in the Western Enclave (approx. 1 year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE-MB section of roadway has not yet been completed, the City may require that the developer (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund any final project costs for the construction of PRE-MB that are not contained in the Margarita Area Specific Plan Impact Fee estimates. f. Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum: (1) initiate the construction of the northern half, or some modified section of the roadway subject to approval by the Director of Public Works, of the PRE-MB segment prior to occupancy of the 200th residential unit in the Western Enclave (approx. 3 years after Tentative Map Approval) , and (2) complete construction of the northern half of the PRE-MB segment prior to occupancy of the 300th residential unit in the Western Enclave (approx. 5 years after Tentative Map Approval). If right-of-way is not available at the time of requests for occupancy, the City will determine if public acquisition of said right-of-way is necessary or the subdivider will be required to submit an interim plan for providing secondary access the Western Enclave that shall be approved by the Public Works Director. g. As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall P6147 Resolution No. 9917 (2007 Series) Page 9 submit a reimbursement proposal and schedule for the costs associated with the environmental, engineering and construction of Prado Road in its entirety, as established by the MASP. Subject to final approval of the City, the proposal may include fee credits and/or other appropriate mechanisms that may be applied against non-TIF city-wide and MASP impact fees as development occurs, to facilitate completion of the Prado Road extension. h. A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interim basis at the time of construction of PRE -WE and will remain in place until PRE-MB is completed and an additional access point is provided at an adopted MASP location. 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit, subject to condition l.g. above. 3. The public improvement plans for VTTM 2353, VTTM 2428 (Revised) and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan Western Enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. 4. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications, except as to any design deviations permitted herein. 5. Prior to final map approval, the final design, location, and number of traffic calming measures including bulb -outs, choke -downs, tabletops, roundabouts, neck -downs, etc. shall be reviewed and approved by the Public Works Director. Choke -downs adjacent to open space corridors shall be lengthened to include the entire length of the open space corridor. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axel truck's ability to negotiate the traffic calming features. Additional or alternative traffic control measures such as raised tabletops may be required to comply with the MASP objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or volumes exceed City standards during counts taken by the subdivider one year after final occupancy of complete build -out of the subdivision or acceptance of public improvements whichever occurs later, the subdivider shall be responsible for installing additional traffic calming measures to the approval of the Public Works Director to reduce volume and speeds to comply with City standards. 7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb -outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 8. Prior to approval of improvement plans, alternative paving materials proposed within the public p/, l—/Off Resolution No. 9917 (2007 Series) Page 10 right-of-way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 9. Except for the 71-acre lot donated to the City, project common areas including, but not limited to, landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by the Master Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact and water meter installation fees and shall be paid for by the subdivider. 10. The final locations of multi -use path connections to public streets shall be reviewed and approved by the Natural Resources Manager and City Traffic Engineer. Where multi -use paths intersect public streets, the roadway shall be narrowed and the crossing designed perpendicular to the roadway. 11. The final design and location of private streets and fire access ways, and the approaches thereto onto public streets, shall be reviewed and approved by the Public Works Director and Fire Department. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axel truck's ability to negotiate into and within the private streets and access ways within the proposed "PD" and Lot 178 portions of the site. 12. The proposed street bulb -outs shall be designed with minimum inside and outside radii of 20' and 10' respectively. 13. Analysis of the street drainage design shall be provided with the submittal of complete public improvement plans. Streets designed with a quarter crown shall justify the curb capacities in accordance with city standards. Some areas may require that the bulb -outs be reduced in depth or removed completely to accommodate the drainage along the high side of the street. 14. Bulb -outs at T-intersections may need to be replaced with standard curb returns of a smaller radius to achieve the desired traffic calming goals and to accommodate street drainage. 15. The number and location of catch basin shall consider city standard spacing and drainage design requirements. The number of catch basins shall be limited to those required by code and/or design to the satisfaction of the City Engineer. 16. The transition between Street N and Street W shall be approved to the satisfaction of the City Engineer. Moving of the quarter crown section from one side of the street to the opposite side shall not be completed with a super -elevated section unless all drainage issues are addressed. 17. Street intersections shall be provided with directional curb ramps in accordance with city and ADA standards or guidelines. T-intersections shall include receiving ramps on the through street. On & Off -Site Improvements: 18. With respect to all off -site improvements, prior to filing of the Final Map, the Subdivider(s) shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in .A,l /— // 9 Resolution No. 9917 (2007 Series) Page 11 the property in a form acceptable to the City Engineer; or b. Request in writing that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition, including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California. ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so. iv. Copies of all written correspondence with off -site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. V. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 19. Should the final design for the stormwater detention basin require the installation of a stormwater pumping station in order to provide an outlet for the detention basin, the final pump station design shall be in accordance with Section 8 of the YPNW-DDM and the following" a. The pump station shall be a triplex design. b. The pump station shall be designed to discharge at the 100 year pre -developed rate with all three pumps running, the 10 year pre -developed rate with two pumps running and the 2 year pre -developed rate with only one pump in operation. At no time shall the pump discharge rate exceed that of the pre -development flow rates for each of the design storms. Or the pump station shall consist for a variable speed drive that matches the required discharge regime. c. The pump discharge shall be designed such that no erosion damage will occur. a"-. i -1/D Resolution No. 9917 (2007 Series) Page 12 d. The pump shall discharge into a natural waterway or into an easement to which the subdividers, their heirs and/or assigns have rights to. 20. The final subdivision design shall incorporate stormwater quality BMPs with the January 2005 edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be subject to the approval of the City Engineer. 21. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to the existing soil contamination. 22. The final design of the proposed off -site stormwater detention facilities shall also take into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F with FEMA prior to approval of any plans for ground disturbing activities; then process the final documents once Grading is complete. The design of any stormwater facilities shall be in compliance with the WWMP-DDM requirement for construction within a Special Floodplain Management Zone; i.e. no significant net loss of floodplain storage. 23. The subdivider shall secure the rights for the regional stormwater detention basin prior to or concurrently with the final subdivision maps. Should the subdividers be unsuccessful in acquiring off -site property for the construction of the stormwater facilities, the subdivider shall either: a) revise the maps to reflect appropriately sized on -site detention of stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist in securing the property following procedures as outlined above. All costs associated with securing said rights including the eminent domain process shall be borne by the subdividers. 24. Prior to the approval of the public improvement plans the subdivider(s) shall have received an approved grading permit from the County of San Luis Obispo a written waiver for the construction of any facilities outside the City's corporate limits. Should San Luis Obispo County defer to the City for the processing of the grading permits for property outside the City corporate boundary, the subdivider(s) shall process the grading permit with the City Public Works Department concurrently with the improvements plans and pay all fees associated said grading in accordance with the Public Works Department Fee schedule for plan checking and inspection in effect at the time of permit processing. 25. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway curb cuts in the subdivision and increase the provision of on -street parking. Prior to hearing by ARC, the applicant shall provide plans to the Public Works Department with additional detail adequate to show locations of all proposed shared driveways. 26. Where a Class 1 bicycle path provides access across a public street, raised decorative paving, choke -downs, curb ramps and signage shall be provided and the street crossing shall be designed to direct pedestrians across the roadway in a perpendicular manner, consistent with the 2007 Resolution No. 9917 (2007 Series) Page 13 Bicycle Transportation Plan. 27. The subdivider shall install private street lighting along the private internal streets per City standards, public street lighting along public streets interior to the subdivision, and off -site public street lighting along Prado Road leading to and from the development, as determined by the Director of Public Works. All public and private street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG& E's point of service. Water, Sewer, Solid Waste & Utilities: 28. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off -site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 29. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. 30. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. 31. Sewer backwater valves may be required on some lots. The subdividers engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 32. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, where the water service enters the building. 33. The sewer and water mains should be located approximately 6 feet on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 34. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. 35. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall add additional detail to the plans adequate to show the locations of all red curbs, fire hydrants, water meters, backflow preventers, solid waste storage areas (for the detached lots), the solid waste .PGI-I12 Resolution No. 9917 (2007 Series) Page 14 collection vehicle's ability to safely maneuver and access containers on the private roads in the PD portion of the development), to the satisfaction of the Utilities Department. Said details shall also indicate appropriate screening for backflow preventers, and shall clearly indicate any requested deviations from City standards. 36. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan that indicates how any parkway areas associated with detached and/or meandering sidewalks can be irrigated efficiently without overspray, in compliance with Chapter 13.20 of the Municipal Code, to the satisfaction of the Utilities Department. Parkways shall be a minimum of 6-feet in width to allow the planting of street trees. 37. Recycled water will be required to be used throughout the development to the maximum extent feasible. Recycled water use areas will include any landscape or turf areas that are under common ownership or control, and for which the maintenance will be by contract. 38. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to show the width, grade, structural cross-section and turning radii of all fire access roads and connections with public or private roads within the subdivision and within the 71-acre open space lot are suitable for travel by City fire trucks. Grading & Drainage: 39. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and/or issuance of building permits. 40. Clearing of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. 41. The developer of VTM #2428 shall begin grading operations related to site preparation and infrastructure construction near the westerly edge of the property in order to reduce the potential for short term impacts of "herding" rodents and other small animals toward the adjacent mobile home park. 42. Any required grading for storm flow collection features behind Lots 19-57 shall be done to the satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director. 43. All driveways shall comply with City Engineering Standards #2130 and #2140 for down -sloping and up -sloping driveways. 44. With regard to down -sloping and up -sloping driveways, common driveways shall be considered throughout the subdivision at the time of review by the Architectural Review Commission, particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50151, 52/53, 54/55 & 56/57, such that driveway slopes do not exceed 20%. 45. The final pad grading and certification shall be in accordance with the approved plans, grading Resolution No. 9917 (2007 Series) Page 15 ordinance, and final soils engineer recommendations. The public improvement plans shall be reviewed by the project soils engineer. The soils engineer shall provide written notification to the city indicating that the plans have been reviewed and are in general conformance with the report recommendations. 46. Depending on the timing of subdivision grading and/or building permit applications, the 2007 California Building Code, based on the 2006 International Building Code may be in effect. The provisions of the new CBC/IBC may differ from those of the current regulations. The soils engineer shall provide an appropriate response regarding the current grading recommendations in comparison to the new codes to the satisfaction of the City Engineer and Building Official. 47. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all graded pads and for in -situ soils on natural lots where deemed necessary by the City Engineer or Building Official. 48. Final pad certifications shall include the certification of pad construction and elevations. The soils engineer shall certify all grading prior to acceptance of the public improvements and/or prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. 49. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches, drainage collection devices, and drainage piping may be required. The public improvement plans and final map shall reflect any additional improvements and easements necessary for slope protection and maintenance. 50. Downstream and/or offsite drainage improvements shall be completed to the satisfaction of the city prior to commencing with public improvements or subdivision grading. If off -site improvements are not complete, a phasing plan and on -site detention may be required. 51. The width of all public or private drainage easements shall be approved to the satisfaction of the City Engineer. Drainage easements requiring subsurface piping systems shall not be less than 15' in width. Surface drainage improvements located along the westerly and southerly tract boundaries shall be located in easements not less than 10' in width. 52. The interceptor drainage ditch located along Lots 75 — 80 shall be constructed with an approved outlet to the existing drainage channels or to an approved off -site drainage easement. 53. The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of the HOA maintained interceptor ditch unless otherwise approved by the City Engineer and Natural Resource Manager. 54. The interceptor ditch shall be designed to accommodate any improved or diverted runoff from the existing or proposed trail improvements. 55. The public improvement plans and final drainage report shall include additional analysis of the runoff from the existing and proposed trails or access roads. The proposed interceptor ditch shall be extended to protect Lots 52 — 57 if necessary. 56. The abandoned access road crossing Lots 44 — 51 shall be likewise evaluated. The road drainage Resolution No. 9917 (2007 Series) Page 16 shall be clearly defined and drainage improvements and easements shall be provided if necessary. The road may be re -graded to eliminate any cross lot drainage if applicable. 57. The presence of springs within the development area has been identified by the soils engineer as one of the primary geotechnical concerns. All areas of known or observed seeps and springs shall be specifically addressed by the soils engineer. General recommendations shall be provided for all lot areas, roadways, and for the installation of utilities. 58. Drainage systems designed to collect spring water or other sub -surface waters shall be directed to the natural drainage channels to the maximum extent feasible. Subsurface drainages shall not be directed to the surface of the public streets unless otherwise approved by the City Engineer. 59. Utility trenches shall be protected with trench dams based on recommendations by the soils engineer. Trenches to individual Lots shall be likewise protected to avoid the collection and deposition of sub -surface drainage to under -floor or under -slab areas. Relief drains shall outlet to a location approved by the City Engineer. 60. If nuisance spring water is expected or encountered with the subdivision improvements and/or home construction, a separate French drain system may be required with storm drain extensions to individual lots or areas of concern. Homeowners' Association: 61. The subdivider shall submit CC&R's with the Final Map that established a "Margarita Area Master Homeowner's Association" (Master HOA). The Master HOA shall include the subdivider's tract, and provide for the automatic annexation of all subsequent potential tracts within the Margarita Specific Plan area. The subsequent tracts may, at their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own, independent HOA, to manage their common area improvements. The Master HOA, and any and all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all common area drainage channels, on -site and/or sub -regional drainage basins and conveyance improvements and the Margarita median landscaping and trail network. The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC&R's shall be approved by the City Attorney prior to recordation of the Final Map, or any phase thereof." 62. The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the lots designated as "Open Space" or "Wetlands Mitigation" (except for the 71-acre lot of the King map, which is proposed for donation to the City). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity. Maintenance responsibilities shall also include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within private streets shall be privately owned and maintained by the MHOA (to be included in CC& R's). 63. The MHOA shall be responsible for maintaining any required red curbing and fire lane signage approved within the subdivision. 64. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall PG1-/15 Resolution No. 9917 (2007 Series) Page 17 contain the following provisions that pertain to all lots: a. Creation of a master homeowners' association if none exists or annexation into an existing MHOA, if one exists. b. No parking except in approved, designated spaces. c. No change in city -required provisions of the CC&R's without prior City Council approval. d. Provision for all of the maintenance responsibilities outlined in various conditions herein. e. The subdivider shall submit common driveway agreements for those lots with shared access including maintenance provisions, to the approval of the Community Development Director at the time of final map approval. The MOHA shall be responsible for maintenance of the drainage swale running along and behind Lots 19-57 (i.e. all lots backing onto the 71-acre open space lot), as depicted on sheet 2 of the Vesting Tentative Map. g. Drainage swales along the west and south tract boundaries shall be maintained, repaired and/or replaced by individual lot owners in such a way as to allow clear and unobstructed storm water flows. No storage, alterations, construction and/or landscaping may be permitted in or around these swales in a manner that interferes with accessibility to, the design, and function of the overall tract storm drainage system. In the event that individual lot owners do not properly maintain, repair and/or replace the drainage improvements, the MHOA shall have the right under the CC&R's to enter said lot owner's property, effect such maintenance, repair and/or replacement, and bill said owner for costs related thereto. In the event MHOA is unwilling or unable to manage the storm system within the any portion of the tract (including the PD Zone as noted below), the City shall have the right to enter said property and maintain, make repairs and/or replace storm drainage system features and bill the MHOA for said work. MHOA and City access will be established through storm drainage easements recorded with the final map. Fencing designs shall not interfere with the functionality of the swales. The locations and designs of project fencing shall be to the review and approval of the Architectural Review Commission along with their review of other project development plans. 65. With respect to that portion of the subdivision within the PD Zone (Lots 86-177), the CC&Rs shall contain the following provisions, in addition to the above: a. Creation of a homeowners' association to enforce the CC&Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage swales and storm drainage improvements, on -site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping lying outside of private building footprints and patios. b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final map are being met. Resolution No. 9917 (2007 Series) Page 18 c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motor homes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City -required provisions of the CC&Rs without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red -curbing along interior roadways as required by the City Fire Department. j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. k. All garages must be available for parking a vehicle at all times, to be enforced by the homeowners association and the City. 1. No change in City -required provisions for trash collection without prior approval by the Community Development Director. Paths/Open Space: 66. The multi -use paths should be 12 feet in width as called for in the Specific Plan, however the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will be used by pedestrians only or where environmental conditions warrant a narrower path based on consideration of in -the -field found conditions. 67. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director. 68. Class I path crossings at "N" St. should be perpendicular to the street. A cross section should be developed to show transition of path up to the roadway crossing. A raised table -top design with decorative pavement, choke -downs, and signage shall be provided and crossing shall be designed to direct pedestrians to cross the roadway in a direct perpendicular manner, consistent with the 2007 Bicycle Transportation Plan. 69. Pathway extending from Open Space lot to "N" St. should be shown to cross "N" St, to "D" St. as indicated by MASP. 70. A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical F( I _07 Resolution No. 9917 (2007 Series) Page 19 connection to the terminus of Calle Jazmin. 71. The mid -block crossing of "S" Street shall be eliminated due to its close proximity to Calle Malva. 72. The proposed bridge crossings shall provide an accessible path -of -travel in accordance with the current codes. Air Quality: 73. All activities associated with construction and operation for the subdivision map shall comply at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM-10, NOx emissions, Naturally Occurring Asbestos, Best Available Control Technologies, construction activity management plans, and phasing techniques. Housing Programs: 74. Lots 171-175 of the "condominium" lots on the revised map, to be reserved for the development of 26 affordable housing units, shall be dedicated to the Housing Authority prior to, or in conjunction with, recording the first phase of Tentative Tract 2428. Lots 176 & 177 are reserved for development of six (6) "open market" -rate condominium units. Improvement plans for Phase 1 of Tentative Tract 2428 shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve the Housing Authority site. Additional affordable housing requirements will be required if the average residential unit size of the entire Tentative Tract 2428 exceeds 2,000 square feet as per Table 2A of the City Housing Element. Planning Requirements: 75. Bulb outs at "T' intersections need to be added to the straight leg "crossing the `T"' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 76. City Standard driveway approaches shall be provided at alley private access points to public streets to and provide adequate line of sight where red curbing would otherwise be needed. 77. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed above. 78. Guest parking spaces shall be designed so motorists can enter and exit the public street in a forward motion, in no more than 2 movements. 79. In order to be consistent with the requirements of the Margarita Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 80. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied. P(- /-ll;� Resolution No. 9917 (2007 Series) Page 20 81. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper design and orientation, including the provision and protection of solar exposure. 82. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 83. Proposed hillside Lots 19-57, which back up to the large open space parcel, are hereby designated sensitive sites and must comply with the Community Design Guidelines for hillside development. Individual lot development shall be subject to the review and approval of the Architectural Review Commission (ARC). Planning staff may make the determination upon submittal of complete plans if the minor or incidental architectural review process is appropriate. 84. Proposed hillside Lots 19-57 are located within a wildland/urban interface area and shall comply with all applicable local and state fire code requirements, subject to the approval of the Fire Marshal. A final fire management plan outlining fuel minimization and maintenance proposals shall be submitted along with subdivision improvement plans to the approval of the Natural Resources Manager and the Fire Department. 85. Where the finished pad elevation for a lot along the westerly and southerly boundary of this subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to it within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353, development of said higher lot within VTM 2428 shall be limited to a single story structure. In no instance shall rear yard setbacks for lots adjoining existing Chumash Village Mobile Home Park, El Camino Estates or approved TM #2353 be less than 20 feet. 86. Except as required above, the following additional conditions of approval relate to requested exceptions to standard City requirements and will apply only within the area rezoned for "PD" Planned Development Overlay: a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of-way and no less than 20 feet to the garage that has access to the public street. b. Street -side setbacks on private streets shall be no less than 5 feet to the residence and no less than 20 feet to the garage from the centerline of the private street for Lots 117 through 137; for all other lots, no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all other non -street fronting side and rear yard setbacks. c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding garages and carports, patios, decks and roof overhangs. d. Upper floor setbacks from property lines need not be more than as required for the ground floor portion of the structure. e. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet. --ter.►-11 Resolution No. 9917 (2007 Series) Page 21 f. No exterior patio fencetwall heights may exceed a maximum height of 42 inches (3-112 feet.) g. Driveway depths for garages facing private streets shall be designed to accommodate a parking space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the common area portion of the drive or street. Variations of design to meet this performance standard will be subject to approval of the Community Development Director and final plans shall be reviewed and approved by the ARC. h. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.) 87. Notice of the onset of clearing or grading activities (or other activities likely to cause dust, noise or animal movements) shall be given to all owners and occupants of residential or commercial properties within 100 feet of such activity and all residents and owners within the Chumash Village Mobile Home Park. Such notice shall inform neighbors at least two weeks prior to commencement of activities such as clearing or grading which may result in dust, noise, or animal movements, that such activity is about to take place and advising that certain precautions may be taken to reduce or minimize any effects there from. 88. Prior to review by the Architectural Review Commission, the applicant shall provide specific scaled illustrations showing precise dimensions, area and locations of both private and common open space together with complete tabulations demonstrating compliance with open space requirements of Section 16.17.030. B. of the City Subdivision Ordinance. 89. Prior to review by the Architectural Review Commission, the applicant shall provide tabulations of and specific scaled site plans showing precise dimensions for all guest parking facilities within the single-family portion of the Planned Development component. Without unduly adding hardscape to the site, the amount of guest parking spaces shall be maximized to prevent overspill onto adjacent public streets and more closely meet expected demand. 90. Within the affordable housing component of the project, parking spaces shall be provided that are nearby and convenient to all units. 91. All fireplaces within the development shall be gas -supplied, rather than wood -burning. 92. To assure more functional and safe access along the minimum 24-foot wide private drive leading from "S" Street to the affordable housing component, all lots with frontages along this private drive (Lots 159 & 160, and 165 -170) shall be designed with side -loaded garages so that vehicles are not directly backing out into the private drive. Code Requirements: 1. Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuance of building permits. 2. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be paid prior to the final map approval. 3. Appropriate backflow prevention will be necessary on any connection to the City water system if Ft'A' /- 1,20 Resolution No. 9917 (2007 Series) Page 22 the property includes an active well. 4. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 5. The subdivision design shall comply with the City's grading ordinance. 6. Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 7. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 9. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. All cul-de-sacs shall be minimum 40 foot radius. 10. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5" high x'/z" stroke and be on a contrasting background. [UFC 901.4.4] 11. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 12. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 13. Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire -flows. Resolution No. 9917 (2007 Series) Page 23 On motion of Council Member Carter, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was passed and adopted this 3rd day of July 2007. �d Mayor David F. Romero ATTEST: Audrey H er City Cler, APPROVED AS TO FORM: (ti Jonatha well City Attorney pr-�1-l2z Attachment 4 ORDINANCE NO.1506 (2007 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE MITIGATED NEGATIVE DECLARATION AND AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R-2-SP and C/OS-SP TO R-2-SP-PD AND C/OS-SP-PD, ON APPROXIMATELY 10 ACRES AT 3000 CALLE MALVA, MARGARITA AREA SPECIFIC PLAN (PD 98-06; KING VENTURES) WHEREAS, the Planning Commission conducted a public hearing on May 23, 2007, and recommended approval of the Mitigated Negative Declaration and amendment to the site's Zoning as shown on Exhibit A; and WHEREAS, the City Council held public hearing on July 3, 2007 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan, the purposes of the Zoning Regulations and other applicable City ordinances; and WHEREAS, the City Council has considered the project's Mitigated Negative Declaration of environmental impact; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council makes the following findings: 1. The project is consistent with the General Plan and the applicable Margarita Area Specific Plan, and the proposed land uses are allowed within the applicable primary zoning districts, both existing and proposed The project provides exclusively residential and open space land uses on the subject site as required by the General Plan, MASP, and applicable zoning districts, accommodating the prescribed residential density ranges for Low, Medium and Medium -High Density land use designations, along with a pro-rata share of Affordable Housing required for the Western Enclave area of the MASP, and preservation of open space as prescribed by the MASP. 2. The project complies with all applicable provisions of these Zoning Regulations including those modifications as authorized herein by utilization of the PD Overlay rezoning. 3. The approved modifications to the development standards of Zoning Regulations through the PD Overlay are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts, because doing so enables concentrating more units within the central portion of the sits to achieve higher densities prescribed by the MASP while maintaining larger lots and maximum setbacks in perimeter lots for privacy protection to adjacent developed areas and allowing the open space lots to be centered on the alignment of the three drainage ways in their natural state without relocation. 4. As conditioned, the project complies with all the applicable City Design Guidelines. Further, the PD rezoning areas includes detached and attached single family construction that follows the MASP Design Guidelines, including use of shared driveways, Craftsman architecture utilizing wood and stucco exteriors, one and two-story buildings, front and back porches, side and rear -loaded garages 01506 Ordinance No. 1506 (2007 Series) Page 2 facing away from public streets, and common landscaping designs. 5. As conditioned all affected public facilities, services, and utilities are adequate to serve the proposed project, particularly as relates to other already approved subdivisions within the Western Enclave of the MASP, for which the utility, services and infrastructure needs were designed comprehensively and in coordinated manner. 6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan and Margarita Area Specific Plan because the subdivision design is respectful of adjoining, established neighborhoods by placing fewer and larger lots next to these developments and accommodating the minimum required rear yards prescribed in the MASP. Grade elevations have also been modified by the revised subdivision design so that new buildings do not "tower" over established neighborhoods. 7. The site is suitable for the project in terms of size, configuration, topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use, since the sloping constraints of the site have been designed predominantly as a single- family, detached -style development. Access streets to the subdivision and connections to adjacent existing and approved development are entirely consistent with the MASP Circulation Element requirements and prior EIR conclusions with respect to location and capacity, including provisions for construction of the Prado Road extension to Broad Street. 8. The establishment, maintenance, or operation of the proposed project, as conditioned, will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City because, once completed, the project will be a logical and appropriate expansion of the desired design and character of the residential neighborhoods of the community as prescribed by the General Plan and MASP. 9. The project incorporates a minimum of two of four mandatory features to qualify for PD Overlay Zoning as follows: a. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-half acre. The project proposes the creation of 6 lots that will encompass a total of 73 acres (about 73% of the total site) for open space use pursuant to the requirements of the MASP. A donation of one such lot, Lot 178, comprising 71 acres along the south face of the South Hills, has already been offered to and accepted by the City as a conservation easement and ultimately, fee title. This lot will be preserved as a permanent open space, the use of which will be enhanced through maintenance of wildland fire green -breaks, controlled public access and connection to other linear open space lots, centered on the site's three existing drainage ways, via a system of trails/paths connecting to and through adjacent existing and approved subdivisions consistent with requirements of the MASP. PC t-1,;24 Ordinance No. 1506 (2007 Series) Page 3 b. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long- term maintenance not at the expense of the City. The project includes development of trails, public streets, public parking, habitat enhancement and open space/wildland fuel management as a part of the construction and on -going operation of the residential/planned development project. Public benefits will accrue from the project's preservation of natural creek channels largely in their natural form and location, and a carefully integrated parallel storm water runoff collection system (serving the entire Western Enclave development), and introduction of paths and trails to allow public access to these areas, while also accommodating the public benefit of access to and management of these waterways by the proposed Homeowners' Association for the tract and Western Enclave. SECTION 2. The Zoning Map Amendment is hereby approved and the central approximately 11 acres of the property rezoned to Planned Development (R-2-SP-PD and C/OS-SP-PD) as shown on the attached Exhibit A subject to the following conditions and conditions of approval as set forth in Resolution No. 9917 (2007 series) approving related VTM No. 2428. 1. Minimum lot widths in the R-2-PD zone shall be 35 feet. 2. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of- way and no less than 20 feet to the garage that has access to the public street. 3. Street -side setbacks on private streets shall be no less than 5 feet to the residence and no less than 20 feet to the garage from centerline of the private street for lots 117 through 137; for all other lots, no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all other non -street fronting side and rear yard setbacks. 4. Except for driveways in front of garages or where guest parking is provided, all yard setback areas shall be landscaped. 5. Lot coverage by structures shall be no more than 75% of total net lot areas, excluding garages and carports, patios, decks and roof overhangs. 6. Upper floor setbacks from property lines need not be more than as required for the ground floor portion of the structure. 7. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet. 8. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet). 9. Driveway depths for garages facing private streets shall be designed to accommodate a parking space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the common area portion of the drive or street. Variations of design to meet this performance standard will be subject to approval of the Community Development Director and final plans shall be reviewed and approved by the ARC. PG /-/,25- Ordinance No. 1506 (2007 Series) Page 4 10. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. 11. Development within the central Planned Development overlay area shall be developed consistent with plans dated January 2007 on file at the City Community Development Department, except as otherwise required by mitigations and conditions set forth herein and by Conditions of Approval required in Resolution No. 9917 (2007 Series) approving the Vesting Tentative Map No. 2428. SECTION 3 A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of the thirty (30) days after its final passage or upon final approval of the annexation by the Local Agency Formation Commission, whichever occurs later. INTRODUCED on the 3rd day of July 2007, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo at its meeting held on the 171h day of July 2007, on a motion of Council Member Carter, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown and Carter and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: Council Member Settle Mayor David F. Romero ATTEST: f Audrey Hoo r City Clerk APPROVED AS TO FORM: Jon an well City Attorney pG1-I2G R-2-SP-FL r, Q S-S P-PD . ` 1 I 1hl - I • PG r� Attachment 6 a ww 0 o N m m U Cu j U) U) -0 aCuU U U O O W W W " 0) > N U > > > N 0 C O p f0 Cu (0 4) ( N a O O C C C C U Cu -0 Cu 4-W _0 O E W LLJ W U O O a •M w Cn U O� B. 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Consideration of item one, 408 Prado Road, was delayed until 7 p.m. due to public notification that the meeting started at that time. MINUTES: Minutes of February 26, 2014, were approved as amended. PUBLIC COMMENTS ON NON -AGENDA ITEMS: There were no comments made from the public. Community Development Director Johnson presented a report on the potential renewal of Measure Y. PUBLIC HEARINGS: 1. 408 Prado Road. MOD/TR/ER 120-13: Request to add two residential lots and amend conditions of approval for Vesting Tentative Map 2353 and consideration of a Mitigated Negative Declaration; O-SP, R-1-SP, R-2-SP, R-3-SP, and C/OS-SP zone; Mangano Homes, Inc., applicant. (Pam Ricci) Senior Planner Pam Ricci presented the staff report, recommending adoption of the Draft Resolution (Attachment 1) which recommends approval of revisions to the Vesting Tentative Map, project conditions, and Mitigated Negative Declaration (MND) of environmental impact to the City Council, based on findings and subject to mitigation measures and conditions which she outlined. She introduced Gary Kaiser of Rincon consultants who assisted with the preparation of the staff report and MND and Tim Bochum, City Public Works Deputy Director. Mr. Kaiser provided an explanation of the Draft Planning Commission Minutes March 12, 2014 Page 2 proposed map revisions and Mr. Bochum gave a detailed presentation of the Prado Road improvements. Stephen Peck, SLO, applicant, stated that improvements had been made in the project design including a more efficient drainage solution and a better configuration for Lots 43-49. He noted that approval of the revised map and condition modifications will help to actualize the development of a major portion of Prado Road. PUBLIC COMMENTS: Mila Vujovich, SLO, stated she was an advocate of smart growth. She expressed concern about the impact of increased traffic, noise, and emissions from cars that will get backed up at the intersection of Prado and Higuera. She stated that the Mangano Homes project needs an EIR and the construction of Prado Road should not be done in segments. Mark Anderson, SLO, owner of San Luis Ministorage, expressed concern about the transitioning of the new segments of Prado Road that will be built as part of this project to the remaining small, two-lane road serving businesses at the eastern end of the area. He stated that there will be a problem with the respective elevations of the new and the old portions of the road and questioned whether this solution could be considered orderly development. Elizabeth Righetti, SLO, stated she is concerned about South Higuera Street near Chumash Village where it narrows down to only one northbound lane. She asked if the City has plans to widen this section, especially in relation to the new development taking place on Prado Road. Public Works Deputy Director Bochum responded that the City is aware that this section needs to be completed and that the City will soon be working to secure easements for this purpose. He noted that elevation and parking issues are complications. Commr. Draze encouraged her to attend City Council budget sessions to further address this problem. Alfred Martinelli, owner of property on the south side of Prado Road, expressed concern about the elevation issue on Prado Road and noted it will be a big problem for large trucks. Public Works Deputy Director Bochum responded that the details of that transition are still being studied and that the elevation of the future Prado Road will be different when new sections are built. He noted that the goal is to ultimately have one continuous roadway. Roy Garcia, owner of a parcel in the Margarita development area, suggested that another way be found to finance Prado Road because using developer fees raises the cost of the homes and makes developers reluctant to build in the area. He stated he would like to develop his property but a developer backed away due to the cost. There were no further comments made from the public. Draft Planning Commission Minutes March 12, 2014 Page 3 COMMISSION COMMENTS: Commr. Malak stated that he knows from living in new developments that homeowners will have to deal with construction noise, dust, etc., for a long time, and he would prefer that future development not be planned in small blocks. Commr. Draze stated he found some redundancies in the conditions, such as Mitigation Measures 6 and 16. He stated that it is frustrating that development has to go forward in small blocks that result in issues like the building of Prado Road in segments but noted it is necessary under present circumstances. Commr. Stevenson complimented staff and the applicant for the resolution of problem areas in the project and agreed that we are living in an era when front -loading improvements is difficult. He noted that the economy is improving so there is hope that the Garcia property will be in for review soon. Commr. Riggs stated that he thinks development is back so it is time to not be so conservative. He supported exploring different design opportunities and solutions that match the City's road -share projections and challenged the City and the development community to consider creative alternatives about such issues as parking and streetscape design. Commr. Multari stated that it is difficult to put together these specific plans, especially when multiple owners are involved. He noted that the Margarita Area Specific Plan was done almost 20 years ago, so there is a vested tentative map and the changes proposed are reasonable and the traffic impacts seem to be acceptable per the analysis performed. He noted the need for resolution about the south side of Prado Road and the transition to the two-lane section after this project is built. He stated that going ahead with the development of all the lots in phase two is not right until this is worked out. Commr. Malak stated that he is concerned about the issue of Prado Road being a future truck route. Commr. Stevenson stated that he agrees with Commr. Multari's concern and that he is not confident that the road issue would be resolved in an acceptable manner if left for later. Public Works Deputy Director Bochum stated that Staff decided to be flexible with condition language, knowing that, ultimately, the City will have to be satisfied with the road. He noted that this seemed the best way to make the improvement happen. Community Development Director Johnson stated that, since there has been uncertainty about the availability of City funds, impact fees for park development were moved to fund the Prado Road improvements. Commr. Draze supported accepting the staff position of flexibility to avoid having the City getting between property owners about which property should be developed first. Draft Planning Commission Minutes March 12, 2014 Page 4 Multari stated he could support the resolution if the additional language in Condition 1 is removed. He stated that this language weakens the condition, and he is concerned that the City will end up with something that will be inadequate. He noted that the City needs to think about whether the residents really want the Prado Road connection to Broad Street and whether a bond is needed to pay for it. Commr. Larson stated that he agrees with Commr. Multari but noted that this does not mean that the Commission does not want flexibility for the developer and staff to work this out. He stated that if Prado Road had been planned more carefully early on, the Commission would not be grappling with this now. He expressed appreciation for the work done by the applicant and staff but noted that it will be difficult over the next ten years to get this area to work out correctly. Commr. Multari stated that he does not agree with the public speaker who suggested that an EIR should be required. Commr. Stevenson stated that he wanted to acknowledge to the applicant and their design team that the overall project achieves the goals of the Planning Commission and the Architectural Review Commission with its small lots and new urbanist concepts. There were no further comments made from the Commission. On motion by Commr. Multari, seconded by Commr. Stevenson, to approve the revisions to the Vesting Tentative Map, project conditions, and Mitigated Negative Declaration of Environmental Impact to the City Council with all changes accepted with one exception: deletion of added wording and a return to the original language for Condition 1. AYES: Commrs. Draze, Larson, Malak, Multari, Riggs, and Stevenson NOES: None RECUSED: None ABSENT: Commr. Fowler The motion passed on a 6:0 vote. 2. 3000 Calle Malva, MO/TR/ER 121-13: Request to amend conditions of approval for Vesting Tentative Map 2428 and review of an Addendum to the previously approved Mitigated Negative Declaration; R-1-SP, R-2-SP, R-2-SP-PD, R-3-SP, and C/OS-SP zone; Margarita Ranch SLO, LLC, applicant. (Pam Ricci) On motion by Commr. Stevenson, seconded by Commr. Malak, to continue consideration of this item to March 26, 2014. AYES: Commrs. Draze, Larson, Malak, Multari, Riggs, and Stevenson NOES: None RECUSED: None ABSENT: Commr. Fowler The motion passed on a 6:0 vote. Draft Planning Commission Minutes March 12, 2014 Page 5 COMMENT AND DISCUSSION: 3. Staff a. Agenda Forecast 1) The City Council has scheduled a town hall meeting March 25, 2014, 6-9 p.m., at the Ludwick Community Center. 2) March 26, 2014, Planning Commission meeting: Tract 2428 3) April 9, 2014, Planning Commission meeting: Oath of office for new member, elect new Chair and Vice -Chair, and Housing Element Update 4. Commission Commr. Draze will be absent for the meeting on April 9, 2014. Commr. Riggs will be absent for the meeting on March 26, 2014. ADJOURNMENT: The meeting was adjourned at 9:02 p.m. Respectfully submitted by, Diane Clement Recording Secretary