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
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Resolution NO.XXXX-14
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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. "
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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.
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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
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Resolution No.XXXX-14
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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.
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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;
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Resolution No.XXXX-14
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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.
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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
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Resolution No.XXXX-14
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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.
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Resolution No.XXXX-14
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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)
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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:
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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)
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•
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)
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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
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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)
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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
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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
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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
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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.
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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
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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
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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
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DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
March 12, 2014
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
Absent: Commissioner John Fowler
Staff: Community Development Director Derek Johnson, Deputy Community
Development Director Doug Davidson, Senior Planner Pam Ricci,
Deputy Director of Public Works Tim Bochum, Supervising Civil
Engineer Hal Hannula, Assistant City Attorney Andrea Visveshwara,
and Recording Secretary Diane Clement
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as amended. 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