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HomeMy WebLinkAboutItem 5d. Annual Monitoring Report for San Luis Ranch Mitigation Monitoring and Reporting Program and Development Agreement Item 5d Department: Community Development Cost Center: 4003 For Agenda of: 3/1/2022 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Esteban Cano-Gutierrez, Financial Analyst & John Rickenbach, Contractor SUBJECT: ANNUAL REPORT FOR THE SAN LUIS RANCH MITIGATION MONITORING AND REPORTING PROGRAM AND DEVELOPMENT AGREEMENT RECOMMENDATION Receive and file the annual monitoring report for the San Luis Ranch Mitigation Monitoring and Reporting Program and Development Agreement. DISCUSSION Background On July 18, 2017, the City Council approved the San Luis Ranch project and certified the Final EIR and Mitigation Monitoring and Reporting Program (MMRP). On July 17, 2018, the City Council approved the Development Agreement (DA) between the City and MI San Luis Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the phasing of certain required transportation improvements. Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 & 11 of th e DA. Mitigation Monitoring and Reporting Program and Development Agreement Report The MMRP and DA Report (Attachment A) fulfills that obligation with the current status of compliance with all mitigation measures and DA provisions in the San Luis Ranch Development. In summary, the project is in compliance with all applicable mitigation measures and DA provisions. In some instances, compliance is ongoing (e.g., with respect to biological and cultural resource measures). In other cases, compliance cannot yet be determined because the project has not progressed sufficiently to trigger the required mitigation (e.g., items that relate to the design of commercial buildings). The San Luis Ranch MMRP and DA Report includes, in addition to the MMRP and DA compliance analysis (including operating memoranda), a reporting on the project’s CEQA documentation, an update regarding the Community Facilities District (CFD), and an update on the project development and public improvements in the project area in general and by subarea. Page 25 of 231 Item 5d Also included in the report are the Mitigation Monitoring and Reporting Program Compliance (Exhibit A), a Summary of Mitigation Compliance (Exhibit B), and a Summary of Development Agreement Compliance (Exhibit C). Policy Context San Luis Ranch is a housing project with major infrastructure requirements such as the Prado Road interchange, a significant project that benefits the development, the City as a whole and the entire region equally. In addition, the project provides housing as determined to be consistent with the City's General Plan and the City's Major City Goal for housing production. Public Engagement The annual monitoring report requires a “notify” level of public engagement that was accomplished through the publication of the agenda and associated report. CONCURRENCE The Finance Department concurs with the financial information contained in this report. The Engineering Division and Office of Sustainability have reviewed the MMRP and DA and provided compliance status, which is incorporated into the monitoring reports. ENVIRONMENTAL REVIEW Annual monitoring of the San Luis Ranch MMRP and DA (including the related CFD) are categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a “common sense” exemption pursuant to Section 15061(b)(3), which covers activities “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Annual monitoring does not change any aspect of the approved San Luis Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that “basic data collection, research and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource” are exempt from CEQA. Therefore, the proposed action is categorically exempt from further analysis under CEQA. FISCAL IMPACT Budgeted: No Budget Year: 2021-22 Funding Identified: N/A Page 26 of 231 Item 5d Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $ $ $ State Federal Fees $153,238.44 0 0 0 Other: Total $153,238.44 $0 $0 $0 San Luis Ranch is a Community Facility District, and the required infrastructure is funded through a special tax assessment in the district. The City is authorized to levy the tax through the annual property tax roll. While not required under the provisions of the RMA, the City may levy the maximum special tax for developed parcels each fiscal year. Special tax revenues collected, that are not otherwise needed to fund the administration of the CFD, the related debt service, or to replenish the bond reserve fund, may be allocated to “pay-as-you-go cost” for district infrastructure. In taxing developed parcels for FY 2021-22, there will be a total of $153,238.44 collected of which $118,488.44 are considered “pay-as-you-go” cost. ALTERNATIVES 1. Council Could provide direction to staff regarding the annual monitoring report for the San Luis Ranch MMRP and DA (including the related CFD) and continue the item to a future meeting. 2. Council could reject the annual monitoring report for the San Luis Ranch MMRP and DA, and by extension, the CFD. This is not recommended since annual monitoring is a requirement of the MMRP and DA, and by extension, the CFD. ATTACHMENTS A - San Luis Ranch MMRP and DA Annual Report Exhibit A – MMRP Compliance Exhibit B – Mitigation Compliance Exhibit C – DA Compliance Page 27 of 231 Page 28 of 231 1 CITY OF SAN LUIS OBISPO Mitigation Monitoring and Reporting Program and Development Agreement Mitigation Monitoring and Reporting Program and Development Agreement SAN LUIS RANCH ANNUAL REPORT Page 29 of 231 ANNUAL REPORT FOR THE SAN LUIS RANCH MITIGATION MONITORING AND REPORTING PROGRAM AND DEVELOPMENT AGREEMENT On July 18, 2017, the City Council approved the San Luis Ranch project and certified the Final EIR and Mitigation Monitoring and Reporting Program (MMRP). On July 17, 2018, the City Council approved the Development Agreement (DA) between the City and MI San Luis Ranch, LLC. In addition, the MMRP was amended at that time to address minor changes to the phasing of certain required transportation improvements. Both the DA and MMRP require annual monitoring and reporting of activities per Articles 10 & 11 of th e Development Agreement. Mitigation Monitoring and Reporting Program Exhibit A and B report on the current status of compliance with all mitigation measures. In summary, the project is in compliance with all applicable mitigation measures required to date. In some instances, compliance is ongoing (e.g., with respect to biological and cultural resource issues). In other cases, compliance cannot yet be determined because the project has not progressed sufficiently to trigger the required mitigation (e.g., items that relate to the design of commercial buildings). Attachment B is a summarized version of the MMRP for easy reference, with all mitigation measures put in sequential order of when compliance is required. Development Agreement and Operating Memoranda The Development Agreement (“DA”) for the San Luis Ranch project was adopted by the City Council on August 21, 2018 and recorded on September 18, 2018. In general terms, it defines the developer’s responsibilities in constructing or financing public infrastructure related to the project and defines the City’s obligations with respect to facilitating development consistent with the adopted San Luis Ranch Specific Plan (“SLRSP”). It also includes an Affordable Housing Plan, which has formed the basis for housing aspects of subsequent development projects under the SLRSP. The DA has not been formally amended since its adoption. However, pursuant to Section 9.03 of the DA, two operating memoranda have been executed by the City Manager that clarify certain aspects of implementing the project. Operating Memorandum #1 (OM1) was executed on May 8, 2019 and clarified logistics for implementing certain required improvements under the DA and Conditions of Approval. Operating Memorandum #2 (OM2) was executed on August 7, 2020 and was intended to allow the developer to proceed with the recording of a Final Map with respect to VTTM 3096 and to facilitate the construction of the improvements as contemplated under the terms of the DA, building on OM1.Consistent with Articles 10 and 11 of the DA, a report documenting compliance with the DA must occur on an annual basis. The first such compliance report was presented to the City Council in February 2020 and found Page 30 of 231 that all active development applications have complied with all required provisions of the DA (Exhibit C). California Environmental Quality Act (CEQA) Documentation The San Luis Ranch Specific Plan (SLRSP) Final Environmental Impact Report (Final EIR) was certified in July 2017. A Final Supplemental EIR was certified in July 2018, which studied a Specific Plan Amendment that allowed for more flexibility in project implementation, eliminating strict phasing. An Addendum to the original certified F inal EIR was adopted in August 2018, which considered modified t raffic mitigation requirements stemming from increased housing potential within the SLRSP, including increased affordable housing within the NC zone. The Addendum was used as the primary CEQA compliance document for a second Specific Plan Amendment, which addressed this increased housing potential. The City Council approved that action on November 17, 2020. All projects pursuant to the SLRSP must comply with the Mitigation Monitoring and Reporting Program (MMRP). Consistent with Articles 10 and 11 of the DA, a report documenting compliance with the MMRP must occur on an annual basis. The first such compliance report was presented to the City Council in February 2020 and found that all active development applications have complied with all required provisions of the MMRP. Community Facilities District Pursuant to Section 5.02 of the Development Agreement, a Mello -Roos Community Facilities District (CFD) was established and approved by the City Council in February 2019 and formally adopted on April 16, 2019 (Ordinance No. 1661). The CFD is the mechanism that facilitates the collection of revenue as development occurs, that revenue cover bonded indebtedness used for the funding of various public improvements for which the City authorized the CFD in an aggregate principal amount of not to exceed $25,000,000 secured by the levy of the special tax within the CFD. On April 20, 2021 the Council approved the first bond issuance for the aggregate principal amount of $20,500,000. The CFD is based on the Financing Plan included in the DA. Currently, the develo per has issued 58 building permits (23 for low-density residential and 35 for medium-density residential). By allocating 100 percent of the assigned special tax for all developed parcels, the total special tax levy for the FY2021 -22 amounts to $153,238.44. Each fiscal year, the District Administrator will calculate the maximum amount of special tax revenue that may be collected from all taxable parcels in the CFD. Given the fact that the district is currently being build-out, the levy for FY 2021-22 is based on the number of building permits issued by the first week of June 2021. Currently, the developer has issued 58 building permits (23 for low-density residential and 35 for medium-density residential). By allocating 100 percent of the assigned special tax for all developed parcels, the total special tax levy for the FY2021 -22 amounts to $153,238.44. Page 31 of 231 The initial debt service will be paid for by capitalized interest funds established through the issuance of CFD bonds. In total, interest -only debt service payments for September 2021, and Calendar Year 2022, in the amount of $962,086.67 will be paid by the funds deposited in the Capitalized Interest Fund. The City is authorized to fund the annual cost of the CFD from the special tax collected. While not required under the provisions of the RMA, the City may levy the maximum special tax for developed parcels each fiscal year. Special tax revenues collected, that are not otherwise needed to fund the administration of the CFD, debt service, or to replenish the bond reserve fund, may be allocated to pay-as-you-go cost of required public infrastructure. In taxing developed parcels for FY 2021-22, there will be a total of $118,488.44 collected that is not required for other authorized costs of the CFD. This amount may be used to fund pay-as-you-go costs or could be held by the City to offset FY 2022-23 annual costs. Project Development and Public Improvements Several project applications have come forward since the approval of the various documentation described above. The following summarizes the status of each, as well as both on- and off-site public improvements: A. NG-10 (Single Family Residential). Grading plans have been approved for this 21.5-acre portion of the SLRSP site, and grading activity has occurred. Key roadway infrastructure has been completed, and the extensions of Froom Ranch Way and Dalidio Drive are completed to the point where those two roadways meet. This 198-unit project was initiated with the approval of VTTM 3096. Building permits have been issued for both model homes and production homes. Final inspection approvals and occupancy permits have been issued or are pending for several homes. B. NG-23 (Medium Density Residential). This 83-unit project on a 7.3-acre site was initiated with the approval of VTTM 3096. Building permits have been issued for both model homes and production homes. Final inspection approvals and occupancy permits have been issued or are pending for several homes. C. NG-30 (Multi-Family Residential). The Planning Commission approved the development of up to 296 units within the NG -30 zone in February 2020, and recommended approval of VTTM 3150 to the City Council, which approved the VTTM on Page 32 of 231 April 7, 2020. The Final Map was approved on October 6, 2020. VTTM 3150 is 10.6 - acre portion of previously approved VTTM 3096. This project included a substantial affordable housing component. However, the Planning Commission also allowed for the affordable component of this project to be transferred to the commercially zoned area within the SLRSP (NC zone) if a suitable project in that area were proposed and approved. The historic ranch structures within that area have been evaluated, and the appropriate ones have been moved to the AG portion of the SLRSP. Building permits have been issued for the different multi-family product types and the respective builders have commenced construction. D. NC (Hotel Project). The Planning Commission approved a 200-room dual brand hotel on a 3.41-acre site within the NC zone on July 22, 2020. The project was referred to the Airport Land Use Commission (ALUC) to consider whether it complied with all conditions related to a previous ALUC conformance finding with the Airport Land Use Plan (ALUP). On September 2, 2020, the ALUC modified one of its previous conditions to ensure compliance. No building permits have been issued yet. E. NC (Commercial Mixed-Use Project). On November 17, 2020, the City Council approved a Specific Plan Amendment and VTTM 3142, which would accommodate up to 114,300 SF of commercial and 77 affordable housing units on 11 lots within the subdivision. A Development Plan application would be required that would need to undergo the full range of development review steps. The project responds to the provision of previously approved development in the NG-30 zone that allowed for the potential transfer of the affordability requirement to a possible project in the NC zone. As a Specific Plan Amendment, the project required formal referral to the Airport Land Use Commission (ALUC). On October 21, 2020, the ALUC found the project in compliance with the Airport Land Use Plan. F. AG (Agricultural Heritage and Learning Center). The Planning Commission approved the Agricultural Heritage and Learning Center portion of the project on October 27, 2021. This project would be located on a specific site identified within the 53 -acre AG-zoned portion of the San Luis Ranch Specific Plan and includes 31,236 SF of building area. Building permit applications have been received for this campus and are currently under review. G. Public Improvements. Public Improvement Plans (PIPs) have been approved for onsite improvements associated with VTTM 3096, and improvements are substantially complete, including the extension of backbone roadways, roundabouts, landscaping, utilities, storm drain systems, the park improvements, trail systems, and the bridge connection between the detached homes and multi -family campus. The extensions of Dalidio Drive and Froom Ranch Way into the site are completed, including the bridge and other roadway improvements that connect Froom Ranch Way to the existing commercial development near Los Osos Valley Road. Page 33 of 231 Exhibits A - Mitigation Monitoring and Reporting Program Compliance B - Summary of Mitigation Compliance C - Summary of Development Agreement Compliance Page 34 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) MITIGATION MONITORING AND REPORTING PROGRAM This document is the Mitigation Monitoring and Reporting Program (MMRP) for the San Luis Ranch Project, proposed in the City of San Luis Obispo, California. Public Resources Code Section 21081.6(a)(1) requires that a Lead Agency adopt an MMRP before approving a project in order to mitigate or avoid significant impacts that have been identified in an Environmental Impact Report (EIR). The purpose of the MMRP is to ensure that the required mitigation measures identified in the EIR are implemented as part of the overall project development process. In addition to ensuring implementation of mitigation measures, the MMRP provides guidance to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. Where an impact was identified to be less than significant in the EIR, no mitigation measures were required. The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning, and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including annexation of the site into the City of San Luis Obispo. The project includes construction of up to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of office development, and a 200-room hotel, with a portion of the site preserved for agriculture and open space uses. The following table summarizes the mitigation measures for each issue area identified in the Final EIR as updated through the Final Supplemental EIR for the project. Specifically, the table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring conditions; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification. Page 35 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 2 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Agricultural Resources AG -1 Agricultural Conservation. Prior to issuance of any grading permits, the project proponent shall provide that for every one (1) acre of Important Farmland (Prime Farmland, Farmland of Statewide Importance, and Unique Farmland) on the site that is permanently converted to non-agricultural use as a result of project development, one (1) acre of land of comparable agricultural productivity shall be preserved in perpetuity. The land dedicated to agriculture pursuant to this measure shall be of size, location and configuration appropriate to maintain a viable, working agricultural operation. The acreage required to meet the 1:1 ratio may be met by the off-site agricultural conservation easement/deed restriction proposed by the project applicant, as long as this land meets the conditions outlined in this measure. Said mitigation shall be satisfied by the applicant through: 1) Granting a perpetual conservation easement(s), deed restriction(s), or other farmland conservation mechanism(s) to the City or qualifying entity which has been approved by the City, such as the Land Conservancy of San Luis Obispo, for the purpose of permanently preserving agricultural land. The required easement(s) area or deed restriction(s) shall therefore total a minimum of 56 acres of Prime Farmland. The land covered by said on- and/or off-site easement(s) or deed restriction(s) shall be located within or contiguous to the City’s Urban Reserve Line or Greenbelt subject to review and approval of the City’s Natural Resources Manager; or 2) Making an in-lieu payment to a qualifying entity which has been approved by the City, such as the Land Conservancy of San Luis Obispo, to be applied toward the future purchase of a minimum of 56 acres of Prime Farmland in San Luis Obispo County, together with an endowment amount as may be required. The payment amount shall be determined by the qualifying entity or a licensed appraiser; or 3) Making an in-lieu payment to a qualifying entity which has been approved by the City and that is organized for conservation purposes, to be applied toward a future perpetual conservation easement, deed restriction, or other farmland conservation mechanism to preserve a minimum of 56 acres of Prime Farmland in San Luis Prior to issuance of any grading permits for the project, the applicant shall provide evidence of the recorded easement(s), deed restriction(s), or evidence of payment to the City Planning Department or qualifying entity for approval to demonstrate compliance with this measure. Notices, payment of in-lieu fees, and/or dedication of agricultural conservation easements shall be completed by the applicant prior to development plan approval. The City shall ensure compliance with Land Use Element Policy 8.6.3. The City shall make the final decision on the specific requirements for agricultural mitigation prior to development plan approval. Compliance Status: City staff worked with development team in 2019 on Final map, which slightly modified the acreages of ag preserved onsite. City staff verified substantial conformance with this mitigation measure in August 2019. City of San Luis Obispo Planning Department or qualifying entity; City of San Luis Obispo Natural Resources Manager. 10-19 Yes Page 36 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 3 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Obispo County. The amount of the payment shall be determined by the qualifying entity or a licensed appraiser; or 4) Any combination of the above. AG -3(a) Agricultural Conflict Avoidance Measures. The following language shall be added to Section 4.2.1, Agricultural Buffer, of the San Luis Ranch Specific Plan: Agricultural buffers will include City-approved measures to reduce availability of public access to agricultural cultivation areas adjacent to the project site (e.g., fencing, signs, etc.). Future residents will be notified of agricultural buffers as part of purchase or lease agreements. The applicant shall add the agricultural buffer specifications to the Specific Plan. The City Natural Resources Manager shall make the final decision on the specific requirements for agricultural conflict avoidance measures prior to development plan approval for the project, and shall ensure that agricultural conflict avoidance measures are implemented in compliance with applicable General Plan policies. Compliance Status: Language added to revised and updated Specific Plan following 8-21-18 amendment. City of San Luis Obispo Natural Resources Manager. 8-18 Yes AG -3(b) Agricultural Fencing. The project applicant shall coordinate with the City to fund installation of fencing and signs along Froom Ranch Way and Dalidio Drive/Prado Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas. The applicant shall clearly identify agricultural fencing within the development plan and tract map. The City Natural Resources Manager shall review the development plan and VTTM to ensure that design includes installation of fencing and signs as required under Mitigation Measures AG-3(b) and AG-3(c). The City Natural Resources Manager shall also review the final landscape plan to ensure that the species mix and density of proposed plantings would provide an adequate landscape buffer. Field inspections at appropriate phases of project construction shall confirm installation and compliance with Mitigation Measures AG-3(b) and AG-3(c). Compliance Status: City of San Luis Obispo Natural Resources Manager. In progress Page 37 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 4 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Required through the Specific Plan; funding to be coordinated through Development Agreement. AG -3(c) Buffer Landscaping. To reduce the potential for noise, dust, and pesticide drift to affect future residents on the project site, the project applicant shall ensure that project landscape plans include planting of a windrow of trees and shrubs within the agricultural buffer along Froom Ranch Way at a sufficient density to buffer the site from surrounding agricultural operations. The applicant shall clearly identify buffer landscaping within the development plan and tract map. The City Natural Resources Manager shall review the development plan and VTTM to ensure that design includes installation of fencing and signs as required under Mitigation Measures AG-3(b) and AG-3(c). The City Natural Resources Manager shall also review the final landscape plan to ensure that the species mix and density of proposed plantings would provide an adequate landscape buffer. Field inspections at appropriate phases of project construction shall confirm installation and compliance with Mitigation Measures AG-3(b) and AG-3(c). Compliance Status: Required through the Specific Plan; landscape plans have not yet been submitted. City of San Luis Obispo Natural Resources Manager. TBD Air Quality AQ -1 Encourage Telecommuting. The project applicant or developers of individual projects within the Specific Plan Area shall include provisions to encourage employers within the proposed commercial, office, and hotel components of the project to implement telecommuting programs and include teleconferencing capabilities, such as web cams or satellite linkage, which will allow employees to attend meetings remotely without requiring them to travel out of the area. The project applicant or developers of individual projects within the Specific Plan Area shall submit proof that employers within the proposed commercial, office, and hotel components of the project have either implemented telecommuting programs or include teleconferencing capabilities, or proof that such a program is infeasible. The Community Development Department shall verify teleconferencing capabilities, if feasible, are included in tenant improvements prior to issuance of occupancy permits. Compliance Status: Required and noted on Tract Map. To be verified when development occurs. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 Yes; ongoing with individual projects Page 38 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 5 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance AQ -2(a) Fugitive Dust Control Measures. Construction projects shall implement the following dust control measures so as to reduce PM10 emissions in accordance with SLOAPCD requirements.  Reduce the amount of the disturbed area where possible;  Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water or a SLOAPCD-approved dust suppressant shall be used whenever possible, to reduce the amount of potable water used for dust control. Please note that since water use is a concern due to drought conditions, the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control;  All dirt stock pile areas shall be sprayed daily as needed;  Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities;  Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established;  All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the SLOAPCD;  All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible after grading unless seeding or soil binders are used;  Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;  All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future grading will require field verification. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 39 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 6 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114;  Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site;  Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible;  All of these fugitive dust mitigation measures shall be shown on grading and building plans; and  The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Compliance Division prior to the start of any grading, earthwork or demolition. AQ -2(b) Standard Control Measures for Construction Equipment. The following standard air quality mitigation measures shall be implemented during construction activities at the project site:  Maintain all construction equipment in proper tune according to manufacturer’s specifications;  Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for sue off-road);  Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation;  Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;  Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future grading will require field verification. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 40 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 7 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance standards identified in the above two measures (e.g. captive or NOX exempt area fleets) may be eligible by proving alternative compliance;  On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle's primary diesel engine for greater than 5-minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation.  Off-road diesel equipment shall comply with the 5- minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In-Use Off- Road Diesel regulation.  Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;  In addition to the state required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: 1. Signs that specify the no idling areas shall be posted and enforced at the site. 2. Diesel idling within 1,000 feet of sensitive receptors is not permitted; 3. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 4. Use of alternative fueled equipment is recommended;  Electrify equipment when feasible; Page 41 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 8 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance  Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and  Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. AQ -2(c) Best Available Control Technology (BACT) for Construction Equipment. The following BACT for diesel- fueled construction equipment shall be implemented during construction activities at the project site, where feasible:  Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines where feasible;  Repowering equipment with the cleanest engines available; and  Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel particulate filters. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future grading will require field verification. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects AQ -2(d) Architectural Coating. To reduce ROG and NOX levels during the architectural coating phase, low or no VOC- emission paint shall be used with levels of 50 g/L or less. Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. Compliance Status: Required in Specific Plan and noted on Tract Map. To be field verified prior to building permits. City of San Luis Obispo Community Development Department. TBD AQ -2(e) Construction Activity Management Plan. Emissions reduction measures and construction practices required to comply with Mitigation Measures AQ-2(a) through AQ-2(d) shall be documented in a Construction Future development shall incorporate the listed provisions into development The Community Development Department shall verify compliance prior to issuance of grading permits. The City of San Luis Obispo Community Page 42 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 9 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Activity Management Plan (CAMP) and submitted to SLOAPCD for review and approval at least three months before the start of construction. The CAMP shall include a Dust Control Management Plan, tabulation of on and off- road construction equipment (age, horse-power and miles and/or hours of operation), construction truck trip schedule, construction work-day period, and construction phasing. If implementation of the Standard Mitigation and Best Available Control Technology measures cannot bring the project below the Tier 1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be implemented in coordination with SLOAPCD to reduce NOX and ROG emissions to below the Tier 1 threshold. plans prior to issuance of grading permits. Community Development Department shall site inspect to ensure construction is in accordance with approved plans. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future grading will require field verification. Development Department. AQ -3(a) Standard Operational Mitigation Measures. Prior to issuance of grading permits, the applicant shall define and incorporate into the San Luis Ranch Specific Plan standard emission reduction measures from the SLOAPCD CEQA Air Quality Handbook to reduce emissions to below daily threshold levels. Emission reduction measures shall include, but would not be limited to:  Increase the building energy rating by 20 percent above 2013 Title 24 requirements (used in the California Emissions Estimator Model) or consistent with 2016 Title 24 requirements, whichever is stricter. Measures used to reach the 20 percent rating cannot be double counted;  Utilize onsite renewable energy systems (e.g., solar, wind, geothermal, low-impact hydro, biomass and bio- gas); and  Provide bicycle-share program. In addition, the proposed hotel component of the Specific Plan shall participate in the SLO Car Free Program, provide incentives to car-free travelers, and promote the program in their communication tools. Future development shall incorporate the listed provisions into development plans and submit proof that emissions have been reduced to below daily threshold levels through a combination of these measures and off-site mitigation (described in Mitigation Measure AQ-3[b]) prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future grading will require field verification. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects AQ -3(b) Off-Site Mitigation. If implementation of standard emission reduction measures from the SLOAPCD CEQA Air Quality Handbook described in Mitigation Measure AQ-3(a) is insufficient to reduce emissions to below daily threshold levels, then the applicant shall coordinate with SLOAPCD to provide funding for off-site emission reduction measures to reduce emissions to below daily threshold levels. In accordance with SLOAPCD methodology, the excess Future development shall incorporate the listed provisions into development plans and submit proof that emissions have been reduced to below daily threshold levels through a combination of the measures The Community Development Department shall verify compliance prior to issuance of grading permits. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 43 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 10 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance emissions shall be multiplied by the cost effectiveness of mitigation as defined in the State’s current Carl Moyer Incentive Program Guidelines to determine the annual off- site mitigation amount. This amount shall then be extrapolated over the life of the project to determine total off- site mitigation. Off-site emission reduction measures may include, but would not be limited to:  Developing or improving park-and-ride lots;  Retrofitting existing homes in the project area with SLOAPCD-approved wood combustion devices;  Retrofitting existing homes in the project area with energy-efficient devices;  Constructing satellite worksites;  Funding a program to buy and scrap older, higher emission passenger and heavy-duty vehicles;  Replacing/re-powering transit buses;  Replacing/re-powering heavy-duty diesel school vehicles (i.e. bus, passenger or maintenance vehicles);  Funding an electric lawn and garden equipment exchange program;  Retrofitting or re-powering heavy-duty construction equipment, or on-road vehicles;  Re-powering marine vessels;  Re-powering or contributing to funding clean diesel locomotive main or auxiliary engines;  Installing bicycle racks on transit buses;  Purchasing particulate filters or oxidation catalysts for local school buses, transit buses or construction fleets;  Installing or contributing to funding alternative fueling infrastructure (i.e. fueling stations for CNG, LPG, conductive and inductive electric vehicle charging, etc.);  Funding expansion of existing transit services;  Funding public transit bus shelters;  Subsidizing vanpool programs;  Subsidizing transportation alternative incentive programs;  Contributing to funding of new bike lanes;  Installing bicycle storage facilities; and described in Mitigation Measure AQ-3(a) and this off- site mitigation prior to issuance of grading permits. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Future compliance to be determined through field verification. Page 44 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 11 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance  Providing assistance in the implementation of projects that are identified in City or County Bicycle Master Plans. Biological Resources BIO-1(a) Best Management Practices. The applicant shall ensure the following general wildlife Best Management Practices (BMPs) are required for construction activity within the San Luis Ranch Specific Plan Area:  No pets or firearms shall be allowed at the project site during construction activities.  All trash that may attract predators must be properly contained and removed from the work site. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site.  All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from Prefumo Creek and in a location where a spill would not drain toward aquatic habitat. A plan must be in place for prompt and effective response to any accidental spills prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an accidental spill occur.  Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should material spills occur, materials and/or contaminants shall be cleaned from the project site and recycled or disposed of to the satisfaction of the Regional Water Quality Control Board (RWQCB).  Prior to construction activities in areas adjacent to Prefumo Creek and Cerro San Luis Channel, the drainage features shall be fenced with orange construction fencing and signed to prohibit entry of construction equipment and personnel unless authorized by the City. Fencing should be located a minimum of 20 feet from the edge of the riparian canopy or top of bank and shall be maintained throughout the construction period for each phase of development. Once all phases of construction in this area are complete, the fencing may be removed.  To control sedimentation during and after project implementation, appropriate erosion control BMPs (e.g., use of coir rolls, jute netting, etc.) shall be Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 45 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 12 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance implemented to minimize adverse effects on Prefumo Creek. No plastic monofilament netting shall be utilized on site.  Construction equipment shall be inspected at the beginning of each day to ensure that wildlife species have not climbed into wheel wells or under tracks since the equipment was last parked. Any sensitive wildlife species found during inspections shall be gently encouraged to leave the area by a qualified biological monitor or otherwise trained personnel.  All vehicles and equipment shall be in good working condition and free of leaks.  Environmentally Sensitive Areas shall be delineated by a qualified biologist prior to construction to confine access routes and construction areas.  Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period) species. No construction night lighting shall be permitted within 100 yards of the top of the Prefumo Creek bank.  Concrete truck and tool washout shall be limited to locations designated by a qualified biologist such that no runoff will reach Prefumo Creek or Cerro San Luis Channel.  All open trenches shall be constructed with appropriate exit ramps to allow species that accidentally fall into a trench to escape. Trenches will remain open for the shortest period necessary to complete required work.  Existing facilities and disturbed areas shall be used to the extent possible to minimize the amount of disturbance and all new access roads other than the Froom Ranch Way Bridge shall be cited to avoid high quality habitat and minimize habitat fragmentation.  In the event that construction must occur within the creek or creek setback, a biological monitor shall be present during all such activities with the authority to stop or redirect work as needed to protect biological resources. BIO-1(b) Worker Environmental Awareness Program Training. Prior to the initiation of construction activities (including staging and mobilization), the applicant shall ensure all personnel associated with project construction WEAP training requirements shall be included on project plans and shall be submitted for review and approval by The Environmental Monitor shall verify environmental compliance of the construction personnel in City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 7-20 11-20 Yes; ongoing with individual Page 46 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 13 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance attend a Worker Environmental Awareness Program (WEAP) training.  The training shall be conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and avoidance measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of the project. All employees shall sign a form provided by the trainer documenting they have attended the WEAP and understand the information presented to them. the City prior to the approval of grading and construction permits. accordance with WEAP training requirements. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. 10-21 projects BIO-1(c) Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization. The applicant shall ensure the following actions are implemented to avoid and minimize potential impacts to western pond turtle and two-striped garter snake (these reptiles utilize similar habitats; therefore, implementation of the proposed measures for western pond turtle are also suitable and appropriate for two-striped garter snake):  A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the onset of work activities within and around areas that may serve as potential western pond turtle habitat. If this species is found and the individuals are likely to be injured or killed by work activities, the approved biologist shall be allowed sufficient time to move them from the project site before work activities begin. The biologist(s) must relocate the any western pond turtle the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project.  Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the project goal and minimize potential impacts to western pond turtle habitat including locating access routes and construction staging areas outside of wetlands and riparian areas to the maximum extent practicable. Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 Yes; ongoing with individual projects Page 47 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 14 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance BIO-1(d) California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization. The applicant shall implement the following to avoid and minimize potential impacts to CRLF. Because coast range newt and western spadefoot are amphibians that utilize similar habitats to CRLF, implementation of the following measures provided for CRLF shall be implemented for these species as well.  Only USFWS-approved biologists shall participate in activities associated with the capture, handling, and monitoring of CRLF.  Ground disturbance shall not begin until written approval is received from the USFWS that the biologist is qualified to conduct the work. If the USFWS does not authorize the relocation of CRLF occurring within the project site, CRLF found within the project site shall be avoided with a 100-foot buffer and no activities shall occur within that buffer until the CRLF has left the project site on its own.  Areas of the project site that lie within 100 feet upland from riparian or jurisdictional areas shall be surrounded by a solid temporary exclusion fence (such as silt fencing) that shall extend at least three feet above the ground and be buried into the ground at least 6 inches to exclude CRLF from the project site. Plastic monofilament netting or other similar material will not be used. The location of the fencing shall be determined by a qualified biologist. The fence shall remain in place throughout construction activities. Installation of the exclusion fencing shall be monitored by a qualified biologist to ensure that it is installed correctly.  During new grading activities in habitats within 100 feet upland from riparian or jurisdictional areas, a qualified biologist shall be on-site to recover any spadefoot toads that may be excavated/unearthed with native material or found under vegetation. If the animals are in good health, they shall be immediately relocated to a designated release area. If they are injured, the animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to be released into the designated release area.  To ensure that diseases are not conveyed between work sites by the approved biologist, the fieldwork code Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. City of San Luis Obispo approved Environmental Monitor. Page 48 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 15 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance of practice developed by the Declining Amphibian Populations Task Force shall be followed at all times. BIO-1(e) Steelhead Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to steelhead:  Before any activities begin on the project, a qualified biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the steelhead and its habitat, the specific measures that are being implemented to conserve this species for the project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.  During the duration of project activities, all trash that may attract predators will be properly contained and secured, promptly removed from the work site, and disposed of regularly. Following construction, all trash and construction debris will be removed from the work areas.  All refueling, maintenance, and staging of equipment and vehicles will occur at least 100 feet from riparian habitat or bodies of water and in a location where a potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). The monitor shall ensure that contamination of suitable habitat does not occur during such operations. Prior to the onset of work activities, a plan must be in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should an accidental spill occur.  The number of access routes, size of staging areas, and the total area used for construction activities shall be limited to the minimum area necessary to achieve the project goals.  The City will only permit work within the immediate vicinity of Prefumo Creek for times of the year when potential impacts to steelhead would be minimal. Work shall be restricted during the wet season (October 15 through April 30) and should ideally occur during the Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 Yes; ongoing with individual projects Page 49 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 16 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance late summer and early fall during the driest portion of the year; however, water may still be present during construction. If work is proposed in the streambed and water is present during construction, a diversion will be required to dewater the work area and the following avoidance and minimization measures will apply: 1. Upstream and downstream passage for fish, including juvenile steelhead, shall be provided through or around the construction site at all times construction is occurring within the Prefumo Creek streambed. 2. A qualified biologist shall conduct a pre- construction survey and be present onsite during the diversion installation and dewatering process to capture and relocate any trapped steelhead and/or other fish. Upon approval from the NMFS, the biologist(s) must relocate these individuals the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project. 3. Dewatering operations shall employ a five millimeter mesh screen fastened to the intake hose to exclude fish and other wildlife species from the pump. 4. Steelhead shall be excluded from the construction zone with block nets installed upstream and downstream the of the bridge construction zone. The distance upstream and downstream for block net installation will depend on the type of construction activities occurring in the streambed.  To control sedimentation during and after project implementation, the following BMPs shall be implemented. If the BMPs are somehow ineffective, consultation with the City and appropriate resource agencies will be undertaken, and all attempts to remedy the situation will commence immediately. 1. It shall be the owner’s/contractor’s responsibility to maintain control of the entire construction operations and to keep the entire site in compliance. 2. The owner/contractor shall be responsible for monitoring erosion and sediment control measures (including but not limited to fiber rolls, inlet Page 50 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 17 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance protections, silt fences, and gravel bags) prior, during and after storm events, monitoring includes maintaining a file documenting onsite inspections, problems encountered, corrective actions, and notes and a map of remedial implementation measures. 3. Erosion shall be controlled by covering stockpiled construction materials (i.e. soil, spoils, aggregate, fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic yards that are not actively being used, consistent with the applicable construction general permit, or through other means of erosion control approved by the City (e.g., surrounding with straw bales or silt fencing). The site shall be maintained to minimize sediment-laden runoff to any storm drainage system including existing drainage swales and/or sand watercourses. a. Construction operations shall be carried out in such a manner that erosion and water pollution will be minimized. b. State and local laws concerning pollution abatement shall be complied with. c. If grading operations are expected to denude slopes, the slopes shall be protected with erosion control measures immediately following grading on the slopes. 4. Specifically, in order to prevent sedimentation and debris from entering Prefumo Creek during construction, silt fencing shall be installed along the top of the banks on the west side of the channel prior to the onset of construction activities.  The project biologist will monitor construction activities, in stream habitat, and overall performance of BMPs and sediment controls for the purpose of identifying and reconciling any condition that could adversely affect steelhead or their habitat. The biologist will halt work if necessary and will recommend site-specific measures to avoid adverse effects to steelhead and their habitat.  Equipment will be checked daily for leaks prior to the initiation of construction activities. A spill kit will be placed near the creek and will remain readily available Page 51 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 18 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance during construction in the event that any contaminant is accidentally released.  In addition to these avoidance and minimization measures, Mitigation Measure BIO-2(a) would also ensure that potential temporary and permanent indirect impacts to steelhead from the project are reduced as much as practicable. BIO-1(f) Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to overwintering monarch butterflies and nesting great blue herons.  Tree trimming/removal and construction activities that affect eucalyptus trees near or within the monarch overwintering grove or active great blue heron nests identified in the San Luis Ranch Monarch Trees Inspection Memo, Results of 2015 and 2016 San Luis Ranch Heron Rookery Surveys Memo, and San Luis Ranch – Prefumo Creek Widening Biological Constraints Memo prepared by Althouse and Meade (Appendix F), shall not be conducted during the monarch butterfly overwintering season from October 1 through March 31 if monarch butterflies are present, or while great blue heron nests are active from February 1 to August 31. If construction activities must be conducted during these periods, a qualified biologist shall conduct overwintering monarch surveys and/or nesting great blue heron surveys within one week of habitat disturbance. If surveys do not locate clustering monarchs or nesting great blue herons, construction activities may be conducted. If clustering monarchs and/or nesting great blue herons are located, no construction activities shall occur within 100 feet of the edge of the overwintering grove and/or active nest(s) until the qualified biologist determines that no more monarchs are overwintering in the grove or the nest(s) are no longer active.  A qualified biologist shall prepare and implement a habitat enhancement plan prior to issuance of grading permits to enhance and restore overwintering and nesting habitat that is to be preserved. The habitat enhancement plan shall include native shrubs and trees such as Monterey Cypress (Hesperocyparis macrocarpa) that may support heron roosting and Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 Yes; ongoing with individual projects Page 52 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 19 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance monarch butterfly overwintering. As eucalyptus trees senesce, they shall be replaced with native species. Native trees and shrubs shall also be used to supplement gaps in canopy or act as windbreaks.  Create new offsite nesting habitat for great blue herons to mitigate for removal of onsite nesting habitat. With a qualified biologist present, the current rookery may be moved to a suitable offsite location where the same great blue herons can resume nesting, following methods detailed in Crouch et al. (2002). It should be noted that creating offsite nesting habitat for great blue herons is experimental and that the relocation techniques described in Crouch et al. (2002) were used to relocate black-crowned night heron (Nycticorax nycticorax). In addition, an agreement with the City will be required prior to implementation of the offsite strategy on their property. The methods detailed in Crouch et al. (2002) include: a. This entails at least one year of pre-construction monitoring of the rookery, where the timing of rookery activities will be noted: arrival of breeding adults, egg laying, hatching, and fledging. During this time, audio recordings of adults and juveniles shall be made. b. Following the completion of the nesting season in late summer, a certified arborist specializing in the translocation of trees will examine the mature trees onsite and work with the City’s Natural Resources Manager to determine whether or not it is feasible to relocate the mature trees containing nests across Madonna Road to a suitable location at Laguna Lake Open Space. c. Prior to the start of the next nesting season (based on timing of adult arrival in previous years), nesting adults will be recruited to the new location via decoys and playback of vocalizations. The new location will be monitored regularly by a qualified biologist for the following three breeding seasons. BIO-1(g) Nesting Birds Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to nesting birds: Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 Yes; ongoing with individual projects Page 53 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 20 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance  For construction activities occurring during the nesting season (generally February 1 to September 15), surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 14 days prior to vegetation removal. The surveys shall include the disturbance area plus a 500-foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer.  If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to occur in the fall and winter (between September 1 and February 14), after fledging and before the initiation of the nesting season. the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. BIO-1(h) Roosting Bats Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to roosting bats:  Prior to issuance of grading permits, a qualified biologist shall conduct a survey of existing structures within the project site to determine if roosting bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.) If the bats are not part of an active maternity colony, passive exclusion measures may be implemented in close coordination with CDFW. These exclusion measures must include one-way valves that allow bats to exit the structure but are designed so that the bats may not re-enter the structure. Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Current grading efforts comply. Future compliance to be determined through field verification. City of San Luis Obispo approved Environmental Monitor. 1-20 4-20 Yes; ongoing with individual projects Page 54 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 21 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance  If a bat colony is excluded from the project site, appropriate alternate bat habitat as determined by a qualified biologist shall be installed on the project site or at an approved location offsite.  Prior to removal of any trees over 20 inches diameter- at-breast-height (DBH), a survey shall be conducted by a qualified biologist to determine if any of the trees proposed for removal or trimming harbor sensitive bat species or maternal bat colonies. If a non-maternal roost is found, the qualified biologist, in close coordination with CDFW shall install one-way valves or other appropriate passive relocation method. For each occupied roost removed, one bat box shall be installed in similar habitat and should have similar cavity or crevices properties to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies may not be disturbed. BIO-2(a) Habitat Mitigation and Monitoring Plan. A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared which will provide a minimum 2:1 ratio (replaced: removed) for temporary and permanent impacts to riparian habitat. The HMMP will identify the specific mitigation sites and it will be implemented immediately following project completion. The HMMP shall include, at a minimum, the following components:  Description of the project/impact site (i.e. location, responsible parties, areas to be impacted by habitat type);  Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved];  Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values of the compensatory mitigation site);  Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [including plant species to be used, container sizes, seeding rates, etc.]); The HMMP required by Mitigation Measure BIO-2(a) shall specify the location, timing, species composition, and maintenance of all restored, enhanced, and newly established riparian and wetland areas, and tree replacement. The applicant shall submit the HMMP to the City for approval prior to recordation of the VTTM, and shall update and resubmit to the City prior to each phase of construction. The City shall review and approve the HMMP (and associated tree replacement requirements) for compliance prior to issuance of grading permits and the onset of construction for each phase, as well as the onset of construction of the Froom Ranch Way Bridge crossing. The applicant shall submit annual documentation to the City and appropriate agencies demonstrating compliance with HMMP requirements. The City shall review and approve the final Froom Ranch Way Bridge crossing design for compliance prior to issuance of grading permits. Replacement plants shall be monitored by a qualified biologist for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering City of San Luis Obispo Natural Resources Manager; City of San Luis Obispo Community Development Department. 1-19 HMMP prepared; annual report pending later this year Page 55 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 22 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance  Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule);  Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports);  Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 80 percent relative cover by vegetation type;  An adaptive management program and remedial measures to address negative impacts to restoration efforts;  Notification of completion of compensatory mitigation and agency confirmation; and  Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). shall not be provided during the final two years of monitoring. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. HMMP prepared by developer and verified by City staff. Annual report required from developer later this year. BIO-2(b) Tree Replacement. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees 24 inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows and cottonwoods may be planted from live stakes following guidelines provided in the California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and container stock (CDFW 2010).  Tree replacement shall be conducted in accordance with a Natural Habitat Restoration and Enhancement Plan to be approved by the City’s Natural Resource Manager.  The Natural Habitat Restoration and Enhancement Plan shall prioritize the planting of replacement trees on-site where feasible, but shall allow that replacement trees may be planted off-site with approval of the City’s Natural Resource Manager.  Replacement trees may be planted in the fall or winter of the year in which trees were removed. All replacement trees will be planted no more than one Tree and vegetation replacement shall occur within the same construction phase as tree and vegetation removal. The City shall review and approve the tree replacement requirements for compliance prior to issuance of grading permits and the onset of construction for each phase. Replacement plants shall be monitored by a qualified biologist for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering shall not be provided during the final two years of monitoring. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Periodic onsite City of San Luis Obispo Natural Resources Manager; City of San Luis Obispo Community Development Department. Ongoing for 3 years from onset of tree planting for individual projects Page 56 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 23 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance year following the date upon which the native trees were removed. monitoring needed during grading and construction activities; long-term compliance with annual inspections for 3 years. BIO-2(c) Froom Ranch Way Bridge Design to Avoid Riparian Areas. The Froom Ranch Way Bridge crossing footings shall be placed outside mapped riparian areas. The placement of the bridge and footings shall be indicated on the Development Plan, VTTM, and HMMP, and shall show the bridge’s placement in relation to existing vegetation and the bed and bank of Prefumo Creek. Tree and vegetation removal associated with the construction of the Froom Ranch Way Bridge crossing shall be replaced during or immediately subsequent to completion of that project component. The City shall review and approve the HMMP for compliance prior to issuance of grading permits and the onset of construction for each phase, as well as the onset of construction of the Froom Ranch Way Bridge crossing. The applicant shall submit annual documentation to the City and appropriate agencies demonstrating compliance with HMMP requirements. The City shall review and approve the final Froom Ranch Way Bridge crossing design for compliance prior to issuance of grading permits. Replacement plants shall be monitored by a qualified biologist for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering shall not be provided during the final two years of monitoring. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Periodic onsite monitoring needed during bridge construction activities; long-term compliance for 5 years. City of San Luis Obispo Natural Resources Manager; City of San Luis Obispo Community Development Department. Ongoing for 5 years starting with bridge activities Page 57 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 24 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Cultural Resources CR-1(a) Historical Structure Relocation and Reconstruction Plan. In order to implement Specific Plan Policy 2.5, a relocation and reconstruction plan for the former spectator’s barn/viewing stand, main residence, and main barn shall be developed by a qualified historic architect. The plan shall include a structural/architectural report documenting existing integrity and conditions and include detailed treatment methods and measures to ensure that historic integrity is retained and that all identified character defining features will be preserved. The project applicant shall prepare the relocation and reconstruction plan for the main residence and the spectators’ barn/viewing stand to the satisfaction of the Community Development Director prior to the issuance of project grading permits. Project grading plans shall detail phasing and include sufficient detail to demonstrate the sequencing and completion of the relocation and reconstruction plan. The City shall confirm completion of and approve the relocation and reconstruction plan and archival documentation. The City shall also review applicable plans for compliance with recommendations of the relocation and reconstruction plan and periodically inspect the site to ensure compliance. Compliance Status: Plan verified by city staff, and relocation is completed. City of San Luis Obispo Community Development Director. 11-19 Yes CR-1(b) Archival Documentation of Historic Buildings. The applicant shall provide archival documentation of the San Luis Ranch Complex in as-built and as-found condition in the form of an Historic American Building Survey (HABS) Level II documentation. The documentation shall comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation (NPS 1990), and shall include large-format photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983). The original archival-quality documentation shall be offered as donated material to the History Center of San Luis Obispo County. Archival copies of the documentation shall also be submitted to the San Luis Obispo County Library. The applicant shall complete archival documentation of the San Luis Ranch Complex prior to the removal, relocation, reconstruction, and/or demolition of the structures on the project site to the satisfaction of the Community Development Director. The City shall confirm completion of and approve the archival documentation. The City shall confirm submittal of the documentation to the History Center of San Luis Obispo County and the San Luis Obispo County Library. Compliance Status: City staff confirmed archival documentation. City of San Luis Obispo Community Development Director. 11-19 Yes CR-1(c) Informational Display of Historic Resources. A retrospective interpretive display detailing the history of the San Luis Ranch Complex and the project site, its significance, and its important details and features shall be developed by the applicant. The information should be incorporated into a publicly-accessed building on the project The applicant shall develop and install an informational display of the site’s identified historical resources prior to opening of the Agricultural The information display shall be prepared in accordance with recommendations of a qualified historic consultant and shall be approved by the Community Development Director. City of San Luis Obispo Community Development Director. TBD Page 58 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 25 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance site, such as the proposed Agricultural Heritage Facilities and Learning Center, or a publicly-accessed outdoor location. The display shall include images and details from the HABS documentation described in Mitigation Measure CR-1(b) and any collected research pertaining to the historic property. The content shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983). Heritage Facilities and Learning Center to the public. Compliance Status: Displays will need to be reviewed by Cultural Heritage Committee, pending final development plans for Ag Heritage Center CR-2(a) Retain a Qualified Principal Investigator. In accordance with Conservation and Open Space Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to archaeological resources. Monitoring shall involve inspection of subsurface construction disturbance at or in the immediate vicinity of known sites, or at locations that may harbor buried resources that were not identified on the site surface. A Native American monitor shall also be present because the area is a culturally sensitive location. The monitor(s) shall be on-site on a full-time basis during earthmoving activities, including grading, trenching, vegetation removal, or other excavation activities. The project applicant shall retain a qualified principal investigator prior to the issuance of grading permits. The City shall confirm the qualifications of and approve the applicant’s choice of a qualified principal investigator. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Monitor hired and in place. City of San Luis Obispo Community Development Department. 11-19 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects CR-2(b) Unanticipated Discovery of Archaeological Resources. In the event that archaeological resources are exposed during construction, all work shall be halted in the vicinity of the archaeological discovery until a qualified archaeologist can visit the site of discovery and assess the significance of the cultural resource. In the event that any artifact or an unusual amount of bone or shell is encountered during construction, work shall be immediately stopped and relocated to another area. The lead agency shall stop construction within 100 feet of the exposed resource until a qualified archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1 and CCR, Title 14, Section 15064.5[f]). Examples of such cultural materials might include: ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools such as projectile points or choppers; flakes of stone not consistent with the immediate geology such as obsidian or fused shale; historic trash pits containing bottles and/or ceramics; or structural remains. If the resources are found to be significant, they must be The project applicant shall retain a qualified Native American monitor prior to the issuance of grading permits. The requirement that construction work be stopped in the event of discovery of archaeological resources shall be included on construction plans prior to the issuance of grading permits. The City shall confirm the qualifications of and approve the applicant’s choice of a qualified Native American monitor. The City shall also inspect the site periodically during grading and demolition to ensure compliance with this measure. The City shall review construction plans and periodically inspect project construction to ensure compliance with this measure. Compliance Status: Required in Specific Plan and noted on Tract Map and Grading Plans. Ongoing City of San Luis Obispo Community Development Department. Yes; ongoing with individual projects Page 59 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 26 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance avoided or will be mitigated consistent with State Historic Preservation Office (SHPO) Guidelines. monitoring in place; no unanticipated resources yet discovered. Ongoing. Geology and Soils GEO-1 Earthquake and Ground Acceleration Design and Construction Measures. Design and construction of the buildings, roadway infrastructure and all subgrades shall be specifically proportioned to resist Design Earthquake Ground Motions (Design amax) of SD1=0.481 and SDS=0.832 and engineered to withstand Maximum Considered Earthquake (MCE) peak ground acceleration (PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project (GeoSolutions, Inc., 2015). The design should take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available. These requirements shall be incorporated into project design plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Compliance Status: Noted on Tract Map and grading plans. City Engineering to verify prior to building permits. City of San Luis Obispo Community Development Department. Yes; included on map approvals To be verified with permits GEO-2 Operational Seismic Safety Requirement. For retail stores included in the project, goods for sale may be stacked no higher than 8 feet from the floor in any area where customers are present, unless provisions are made to prevent the goods from falling during an earthquake of up to 7.5 magnitude. The stacking or restraint methods shall be reviewed and approved by the City before approval of occupancy permits, and shall be a standing condition of occupancy. These requirements shall be incorporated into project site plans submitted for approval before the approval of final development plan. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Compliance Status: Noted on Tract Map and grading plans. City Engineering to verify prior to occupancy clearance. City of San Luis Obispo Community Development Department. Yes; included on map approvals To be verified with permits GEO-3 Geotechnical Design. The project plans and specifications shall include the geotechnical recommendations included in the Soils Engineering Report, prepared by GeoSolutions, Inc. on May 29, 2015. Recommendations therein that shall be incorporated into the final project building plans include specification for the These requirements shall be incorporated into project site plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved City of San Luis Obispo Community Development Department. Yes; included on map approvals To be verified with Page 60 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 27 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance following components of development preparation and design:  Building Pad Preparation  Paved Areas Preparation  Pavement Design  Interlocking Concrete Pavers  Conventional Foundations  Post-Tensioned Slabs  Slab-On-Grade Construction  Retaining Walls  Exterior Concrete Flatwork plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. Compliance Status: Noted on Tract Map and grading plans. City Engineering to verify prior to occupancy clearance. permits Hazards and Hazardous Materials HAZ-4 Soil Sampling and Remediation. Prior to issuance of any grading permits, a contaminated soil assessment shall be completed in the portions of land to be graded for development. Soil samples shall be collected under the supervision of a professional geologist or environmental professional to determine the presence or absence of contaminated soil in these areas. The sampling density shall be in accordance with guidance from San Luis Obispo County Environmental Health Services, so as to define the volume of soil that may require remediation. Laboratory analysis of soil samples shall be analyzed for the presence of organochlorine pesticides, in accordance with EPA Test Method SW8081A, and heavy metals in accordance with EPA Test Methods 6010B and 7471A. If soil sampling indicates the presence of pesticides or heavy metals exceeding applicable environmental screening levels, the soil assessment shall identify the volume of contaminated soil to be excavated. If concentrations of contaminants exceed EPA action levels and therefore warrant remediation, contaminated materials shall be remediated either prior to concurrent with construction and an Environmental Site Assessment (ESA) shall be prepared. Cleanup may include excavation, disposal, bio-remediation, or any other treatment of conditions subject to regulatory action. All necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The contaminated materials shall be remediated under the supervision of an environmental consultant licensed to oversee such remediation and under the direction of the lead oversight agency. The remediation program shall also be approved by a regulatory oversight The contaminated soils assessment and remediation program, if necessary, shall be submitted and approved by the City’s Community Development Department and applicable regulatory oversight agency prior to the issuance of project grading permits. As applicable, the Community Development Department shall ensure implementation of a remediation program according to the measures included therein and as approved by a regulatory oversight agency. Compliance Status: Noted on Tract Map and grading plans. Soil sampling is ongoing consistent with health and safety Plan. City of San Luis Obispo Community Development Department. 11-19 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 61 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 28 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance agency, such as the San Luis Obispo County Environmental Health Services, the Regional Water Quality Control Board (RWQCB), or DTSC. All proper waste handling and disposal procedures shall be followed. Upon completion of the remediation, the environmental consultant shall prepare a report summarizing the project, the remediation approach implemented, and the analytical results after completion of the remediation, including all waste disposal or treatment manifests. HAZ-6 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization: a. Prior to earthwork activities, a site-specific health and safety plan shall be developed per California Occupational Safety and Health Administration (CalOSHA) requirements. The plan shall include appropriate health and safety measures if NOA is detected in soil or bedrock beneath the project site. All construction workers that have the potential to come into contact with contaminated soil/bedrock and groundwater shall be knowledgeable of the requirements in the health and safety plan, which includes proper training and personal protective equipment. The health and safety plan shall prescribe appropriate respiratory protection for construction workers. b. Prior to beginning construction, a soil and bedrock analysis for asbestos using polarized light microscopy and transmission electron microscopy by a qualified laboratory shall be conducted. Samples of soil shall be collected from multiple locations across the site, and bedrock samples shall be collected from locations where excavation into bedrock is anticipated. If NOA is detected, appropriate regulations pertaining to excavation, removal, transportation, and disposal of NOA shall be followed. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and The measures to avoid and minimize exposure to NOA shall be included on project grading and building plans, and submitted to and approved by the City’s Community Development Department and, as applicable, California Professional Geologist prior to the issuance of project grading and building permits. As applicable, the Community Development Department shall ensure implementation of avoidance and minimization measures included therein and as approved by a California Professional Geologist. Compliance Status: Noted on Tract Map and grading plans. Health and Safety Plan submitted and accepted by City. City of San Luis Obispo Community Development Department. 11-19 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 62 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 29 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). c. During earthwork activities, appropriate procedures shall be incorporated in the event that NOA is detected in soil or bedrock beneath the project site. These procedures shall be followed to eliminate or minimize construction worker or general public exposure to potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). These procedures may be subject to San Luis Obispo APCD requirements under the California ARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. Hydrology and Water Quality HWQ-1(a) Stormwater Pollution Prevention Plan. All required actions shall be implemented pursuant to a SWPPP and SWMP to be prepared by the project applicant and submitted by the City to the Regional Water Quality Control Board under the NPDES Phase II program. At a minimum, the SWPPP/SWMP shall including the following BMPs:  The use of sandbags, straw bales, and temporary de- silting basins during project grading and construction during the rainy season to prevent discharge of sediment-laden runoff into stormwater facilities;  Revegetation as soon as practicable after completion of grading to reduce sediment transport during storms;  Installation of straw bales, wattles, or silt fencing at the base of bare slopes before the onset of the rainy season (October 15th through April 15th);  Installation of straw bales, wattles, or silt fencing at the project perimeter and in front of storm drains before the onset of the rainy season (October 15th through April 15th); and/or  Alternative BMPs as approved by the RWQCB as part of the SWPPP submittal. The project applicant shall prepare a SWPPP and SWMP that identifies construction- related staging and maintenance areas, and at a minimum, the BMPs identified in Mitigation Measure HWQ- 1(a). The SWPPP and notices shall be submitted for review and approval by the City prior to the initiation of construction. The SWPPP/SWMP shall be designed to address erosion and sediment control during all phases of development of the site until all disturbed areas are permanently stabilized. The City shall ensure compliance with the SWPPP. A Geotechnical Engineer or an Engineering Geologist shall be made available to monitor technical aspects of the grading activities, including installation of the drainage outlets and associated headwalls and aprons. The City shall also inspect the site during grading to monitor runoff and after conclusion of grading activities. Compliance Status: Noted on Tract Map and grading plans. SWPPP was submitted prior to issuance of grading permits. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 63 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 30 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance HWQ-1(b) Berms and Basins. As specified in the SWPPP, the applicant shall be required to manage and control runoff by constructing temporary berms, sediment basins, runoff diversions, or alternative BMP’s as approved by the RWQCB as part of the SWPPP submittal, in order to avoid unnecessary siltation into local streams during construction activities where grading and construction shall occur in the vicinity of such streams.  Berms and basins shall be constructed when grading commences and be periodically inspected and maintained. The project applicant shall sufficiently document, to the CCRWQCB satisfaction, the proper installation of such berms and basins during grading. The applicant shall include required berms and basins on project design plans which must be reviewed and approved by the City prior to the approval of the VTTM. The City shall ensure compliance with runoff control requirements. A Geotechnical Engineer or an Engineering Geologist shall be made available to monitor technical aspects of the grading activities, including installation of the berms and basins. The City shall also inspect the site during grading to monitor runoff and after conclusion of grading activities. Compliance Status: Noted on Tract Map and grading plans. SWPPP was submitted prior to issuance of grading permits. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects HWQ-1(c) Concept Grading Plan and Master Drainage Plan. As specified in the SWPPP and the City’s Floodplain Management Regulations, the applicant shall be required to submit a Grading Plan and Master Drainage Plan to the Planning Division and City Public Works Director for approval prior to approval of the VTTM. The grading and drainage plans shall be designed to minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the project’s SWPPP. The plans shall include the following: a. Graded areas shall be revegetated with deep-rooted, native, non-invasive drought tolerant species to minimize slope failure and erosion potential. Geotextile fabrics shall be used if necessary to hold slope soils until vegetation is established; b. Temporary storage of construction equipment shall be limited to a minimum of 100 feet away from drainages on the project site; and c. Erosion control structures shall be installed. d. Demonstrate peak flows and runoff for each phase of construction. The project applicant shall prepare a Grading Plan and Master Drainage Plan. The Grading Plan and Master Drainage Plan shall be submitted for review and approval by the City prior to the approval of the VTTM. The grading and drainage plans shall be designed to minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the project’s SWPPP. The City shall ensure compliance with the grading and drainage plans. A Geotechnical Engineer or an Engineering Geologist shall be made available to monitor technical aspects of the grading activities, including installation of the drainage outlets and associated headwalls and aprons. The City shall also inspect the site during grading to monitor runoff and after conclusion of grading activities. Compliance Status: Noted on Tract Map and grading plans. Master Drainage Report was part of the plan review process and was submitted and approved prior to approval City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 64 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 31 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance e. Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland habitats and trees (Mitigation Measures BIO-2[a] and BIO-2[b]). f. Grading and drainage plans shall be submitted for review and approval by the Planning Division. The applicant shall ensure installation of erosion control structures prior to beginning of construction of any structures, subject to review and approval by the City. of the Onsite and Offsite Improvement Plans. HWQ-3(a) Stormwater Quality Treatment Controls. BMP devices shall be incorporated into the stormwater quality system depicted in the Master Drainage Plan (refer to Mitigation Measure HWQ-1[c]). The final design of the stormwater quality system shall be reviewed and approved by the City. The Master Drainage Plan shall contain the following relevant BMPs:  Vegetated bioswales to reduce sediment and particulate forms of metals and other pollutants along corridors of planted grasses.  Vegetated buffer strips to reduce sediment and particulate forms of metals and nutrients. BMP devices shall be incorporated into the stormwater quality system depicted in the Master Drainage Plan (refer to Mitigation Measure HWQ- 1[c]). The final design of the stormwater quality system shall be reviewed and approved by the City. The applicant shall demonstrate inclusion of BMPs within the VTTM, Utilities Plan, and Master Drainage Plan, which shall be submitted for review and approval by the City prior to Development Plan approval and VTTM recordation. Compliance Status: Noted on Tract Map and grading plans. Stormwater BMP Maintenance Manual, referred to as an Operation and Maintenance (O&M) Manual, was submitted and approved as part of the Public Improvement Plan review process. It is anticipated that O&M Manual may need to be updated if any field changes occur. City of San Luis Obispo Community Development Department and Public Works Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects HWQ-3(b) Stormwater BMP Maintenance Manual. The project applicant shall prepare a development maintenance manual for the stormwater quality system BMPs (refer to Mitigation Measure HWQ-3[a]). The maintenance manual shall include detailed procedures for maintenance and operations of all stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned, and maintained in accordance with the manufacturer’s The project applicant shall prepare a development maintenance manual for the stormwater quality system BMPs according to the specifications in this measure. The maintenance manual shall be submitted for review and approval by the City prior to Development Plan approval and VTTM recordation. Compliance Status: Noted on Tract Map and grading plans. Stormwater BMP City of San Luis Obispo Community Development Department and Public Works Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects Page 65 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 32 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. Maintenance Manual, referred to as an Operation and Maintenance (O&M) Manual, was submitted and approved as part of the Public Improvement Plan review process. It is anticipated that O&M Manual may need to be updated if any field changes occur. HWQ-3(c) Stormwater BMP Semi-Annual Maintenance Report. The property manager(s) or acceptable maintenance organization shall submit to the City of San Luis Obispo Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and May 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. The property manager(s) or acceptable maintenance organization shall submit to the City of San Luis Obispo Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and May 15th of each year) The maintenance reports shall be submitted for review and approval by the City on a semi- annual basis and shall be included with the VTTM recordation. Compliance Status: Noted on Tract Map and grading plans. The requirement for semi-annual reporting will start after the completion of installation of BMPs. City of San Luis Obispo Community Development Department and Public Works Department. Yes; included on map approvals To be verified as required HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision. The applicant, in conjunction with the City of San Luis Obispo, shall prepare the CLOMR application and obtain a LOMR from FEMA. The applicant shall prepare the CLOMR application and submit it to FEMA. The City will confirm that FEMA has approved the CLOMR prior to issuance of a grading permit, and LOMR prior to occupancy. Compliance Status: CLOMR has been submitted to and approved by FEMA. City of San Luis Obispo Community Development Department. Yes Page 66 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 33 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Noise N-1(a) Construction Vehicle Travel Route. Construction vehicles and haul trucks shall utilize roadways which avoid residential neighborhoods and sensitive receptors where possible. The applicant shall submit a proposed construction vehicle and hauling route for City review and approval prior to grading/building permit issuance. The approved construction vehicle and hauling route shall be used for soil hauling trips prior to construction as well as for the duration of construction. Construction plans shall note construction hours and truck routes, and shall be submitted to the City for approval prior to grading and building permit issuance for each project phase. The Community Development department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. City staff shall ensure compliance throughout all construction phases. Building inspectors and permit compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. Compliance Status: Noted on Tract Map and grading plans. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects N-1(b) Construction Activity Timing. Except for emergency repair of public service utilities, or where an exception is issued by the Community Development Department, no operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work shall occur daily between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA for multi-family residential, and 85 dBA for mixed residential/commercial land uses across a residential or commercial property line. Construction plans shall note construction hours and shall be submitted to the City for approval prior to grading and building permit issuance for each project phase. Schedule and neighboring property owner notification mailing list shall be submitted 10 days prior to initiation of any earth movement. The Community Development department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. All construction workers shall be briefed at a pre- construction meeting on construction hour limitations. A workday schedule will be adhered to for the duration of construction for all phases. City staff shall ensure compliance throughout all construction phases. Building inspectors and permit compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. Compliance Status: Noted on Tract Map and grading plans. Periodic onsite monitoring; verify through complaints and follow up. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 10-21 Yes; ongoing with individual projects N-1(c) Construction Equipment Best Management Practices (BMPs). For all construction activity at the project site, noise attenuation techniques shall be employed to Construction plans shall note construction Best Management Practices City staff shall ensure compliance throughout all construction phases. Building City of San Luis Obispo Community 1-20 4-20 7-20 Yes; ongoing with Page 67 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 34 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance ensure that noise levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include:  Sound blankets on noise-generating equipment.  Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with barriers that meet a sound transmission class (a rating of how well noise barriers attenuate sound) of 25.  All diesel equipment shall be operated with closed engine doors and shall be equipped with factory- recommended mufflers.  For stationary equipment, the applicant shall designate equipment areas with appropriate acoustic shielding on building and grading plans. Equipment and shielding shall be installed prior to construction and remain in the designated location throughout construction activities.  Electrical power shall be used to power air compressors and similar power tools.  The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).  Temporary sound barriers shall be constructed between construction sites and affected uses. (BMPs) and shall be submitted to the City for approval prior to grading and building permit issuance for each project phase. BMPs shall be identified and described for submittal to the City for review and approval prior to building or grading permit issuance. BMPs shall be adhered to for the duration of the project. The applicant shall provide and post signs stating these restrictions at construction site entries. Signs shall be posted prior to commencement of construction and maintained throughout construction. Schedule and neighboring property owner notification mailing list shall be submitted 10 days prior to initiation of any earth movement. The Community Development department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. All construction workers shall be briefed at a pre- construction meeting on how, why, and where BMP measures are to be implemented. A workday schedule will be adhered to for the duration of construction for all phases. inspectors and permit compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. Compliance Status: Noted on Tract Map and grading plans. Periodic onsite monitoring; verify through complaints and follow up. Development Department. 11-20 10-21 individual projects N-4(a) HVAC Equipment. Retail HVAC equipment shall be shielded and located on building rooftops, or a minimum of 100 feet from the nearest residential property line. These requirements shall be incorporated into project site plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of operating permits. The Community Development Department shall site inspect to City of San Luis Obispo Community Development Department. 11-20 On tract map; field verify as needed Page 68 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 35 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify compliance in accordance with approved building plans. Compliance Status: Noted on Tract Map. Will apply once commercial component begins. N-4(b) Parking Lot/Loading Dock Orientation and Noise Barrier. If parking areas or loading docks would be located within 250 feet of the residential properties to the west, a masonry noise barrier shall be installed along the eastern boundary of the proposed residences adjacent to the commercial land use area on the eastern portion of the project site. The noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. These requirements shall be incorporated into project site plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of operating permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify compliance in accordance with approved building plans. Compliance Status: Noted on Tract Map. Will apply once commercial component begins. City of San Luis Obispo Community Development Department. 11-20 On tract map; field verify as needed N-5(a) Interior Noise Reduction. The project applicant shall implement the following measures, or similar combination of measures, which demonstrate that interior noise levels in proposed residences adjacent to Froom Ranch Way and Madonna Road, hotel, and offices would be reduced below the City’s 45 dBA CNEL interior noise standard. The required interior noise reduction shall be achieved through a combination of standard interior noise reduction techniques, which may include (but are not limited to): These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 Yes; ongoing with individual projects; field verify as needed Page 69 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 36 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance  In order for windows and doors to remain closed, mechanical ventilation such as air conditioning shall be provided for all units (Passive ventilation may be provided, if mechanical ventilation is not necessary to achieve interior noise standards, as demonstrated by a qualified acoustical consultant).  All exterior walls shall be constructed with a minimum STC rating of 50, consisting of construction of 2 inch by 4 inch wood studs with one layer of 5/8 inch Type “X” gypsum board on each side of resilient channels on 24 inch centers and 3 ½ inch fiberglass insulation.  All windows and glass doors shall be rated STC 39 or higher such that the noise reduction provided will satisfy the interior noise standard of 45 dBA CNEL.  An acoustical test report of all the sound-rated windows and doors shall be provided to the City for review by a qualified acoustical consultant to ensure that the selected windows and doors in combination with wall assemblies would reduce interior noise levels sufficiently to meet the City’s interior noise standard.  All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall have at least two 90 degree turns in the duct.  All windows and doors shall be installed in an acoustically-effective manner. Sliding window panels shall form an air-tight seal when in the closed position and the window frames shall be caulked to the wall opening around the perimeter with a non-hardening caulking compound to prevent sound infiltration. Exterior doors shall seal air-tight around the full perimeter when in the closed position. The applicant shall submit a report to the Community Development Department by a qualified acoustical consultant certifying that the specific interior noise reduction techniques included in residential, hotel, and office components of the project would achieve interior noise levels that would not exceed 45 dBA CNEL. Community Development staff shall verify installation in accordance with approved building plans. Compliance Status: Noted on Tract Map and project plans. Will require verification and site inspection. N-5(b) Residential Outdoor Activity Area Noise Attenuation. Outdoor activity areas (e.g., patios and hotel pool areas) associated with shared multifamily residential recreational spaces, hotel, commercial, and office uses shall be protected from sound intrusion so that they meet the City’s exterior standard of 60 dBA CNEL. Outdoor activity These requirements shall be incorporated into all construction documents submitted for approval before The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to City of San Luis Obispo Community Development Department. 1-20 4-20 7-20 11-20 Yes; ongoing with individual projects; field Page 70 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 37 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance areas shall be oriented away from traffic noise such that intervening buildings reduce traffic noise or shall include noise barriers capable of reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall be located a minimum of 500 feet from the U.S. 101 right-of- way. Noise barriers may be constructed of a material such as tempered glass, acrylic glass, or masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. The applicant shall submit a report to the Community Development Department by a qualified acoustic consultant certifying that the specific outdoor noise reduction techniques in combination with the orientation of outdoor activity areas of shared multifamily residential recreational spaces, hotel, commercial, and offices would achieve exterior noise levels that would not exceed 60 dBA CNEL. the issuance of grading permits. ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. Compliance Status: Noted on Tract Map and project plans. Will require verification and site inspection. verify as needed N-5(c) Froom Ranch Way Noise Barrier. A masonry noise barrier or alternative barrier, such as a landscaped berm, shall be installed along the southern property line of residential lots that abut Froom Ranch Way to protect outdoor activity areas (patios and pools) at these residences from sound intrusion from traffic along Froom Ranch Way. The noise barrier or berm shall provide, at minimum, a 6 foot high barrier between Froom Ranch Way and the neighboring residences from the final grade of whichever use (i.e., Froom Ranch Way or residences) has a higher final elevation. If a masonry noise barrier is implemented, the noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community Development Department by a qualified acoustical consultant certifying that the specific exterior noise reduction techniques included would achieve exterior noise levels that would not exceed 60 dBA CNEL. These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. Compliance Status: Noted on Tract Map and project plans. Will require verification and site inspection. City of San Luis Obispo Community Development Department. TBD N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the hotel includes an outdoor activity area (such as a patio or pool) a masonry noise barrier or alternative barrier, such as berms, landscaping, or glass, must be installed along the eastern property line of the hotel where it abuts the U.S. 101 right of way to protect these outdoor activity areas from sound intrusion from traffic along U.S. 101. If a masonry noise barrier is implemented, the noise barrier shall provide, These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans City of San Luis Obispo Community Development Department. 7-20 Yes; ongoing with hotel project; field verify as needed Page 71 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 38 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance at minimum, an 8 foot high barrier between U.S. 101 and the hotel from the final grade of whichever use (i.e., U.S. 101 or hotel) has a higher final elevation. Such a noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community Development Department by a qualified acoustical consultant demonstrating that the specific exterior noise reduction techniques included in the hotel component of the project would achieve exterior noise levels that would not exceed 60 dBA CNEL. prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. Compliance Status: Noted on Tract Map and project plans. Project design includes interior courtyard, but will require verification and site inspection. Page 72 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 39 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Recreation REC-1 Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program for the parkland shortage. The project’s specific fee shall be determined by the City at the time of project approval, after accounting for parkland provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from the project shall be directed to new projects or improvements to existing parks and recreation facilities within the City of San Luis Obispo parks system. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program prior to Development Plan approval. The Parks and Recreation Department shall verify compliance prior to Plan approval. Compliance Status: Noted on Tract Map and project plans. Payment pending. Verify payment with Parks and Rec. City of San Luis Obispo Parks and Recreation Department. 1-20 4-20 7-20 11-20 Yes; ongoing with individual projects; verify payment with Parks and Rec Transportation T-1(b), T-8a), T-9(c). Madonna Road & Dalidio Drive/Prado Road Intersection 1. Extend existing westbound left turn lane on Madonna Road to Dalidio Drive/Prado Road to 310’ 2. Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio Drive/Prado Road 3. Install eastbound 250’ right turn pocket on Madonna Road to Dalidio Drive/Prado Road 4. Install 2nd northbound left shared with through-lane on Prado Road/Dalidio Drive to Madonna Road 5. Prohibit westbound U-turns on Madonna Road 6. Provide split phase operations & optimize signal timing Implementation of improvements shall occur prior to building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. Yes T-1(e), T-2(f), T-8(b), T-9(h). Los Osos Valley Road & Froom Ranch Way Intersection 1. Install dedicated 230’ right turn lane on northbound Froom Ranch Way approach to Los Osos Valley Road 2. Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to 110’ 3. Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road Implementation of improvements shall occur with Froom Bridge construction. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. Yes T-1(f), T-8(c). Los Osos Valley Road & Auto Parkway Intersection The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism City Public Works staff shall confirm payment of applicable City of San Luis Obispo Public Yes Page 73 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 40 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance 1. Pay Fair Share Impact fees for Signalization (Prior to Building Permits or Occupancy) 2. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 3. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. Works Department. T-2(g). Los Osos Valley Road & U.S. 101 Southbound Off Ramp 1. Extend off ramp left turn lane to 320’ Implementation of improvements shall occur by building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-2(h). Los Osos Valley Road & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-1(c), T-2(c). Madonna & U.S. 101 Southbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP and Madonna ramp City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: City of San Luis Obispo Public Works Department. TBD Page 74 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 41 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) 3. Extend northbound Madonna Road left turn lane to 150’ (Prior to Building Permits or Occupancy) extension to be established prior to building permits or occupancy. Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. T-2(d). Madonna & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-2(e). Madonna & Higuera Street 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-2(a). Madonna & Los Osos Valley Road 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD Page 75 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 42 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance T-1(g), T-8(g), T-9(l). Higuera Street & Tank Farm Road 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) 3. Extend northbound right turn pocket to 230’ and channelize movement (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP and extended NB right turn pocket to be completed prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-2(j), T-9(m). Prado Road & Higuera Street Intersection 1. Install 2nd U.S. 101 northbound left turn lane 2. Extend westbound right turn pocket to 400’ Implementation of improvements shall occur by building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-2(i). Los Osos Valley Road & Higuera Street 1. Extend eastbound right turn lane to 180’ Implementation of improvements shall occur by building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-1(h), T-1(i). Install Multilane Roundabout at Prado/Dalidio & Froom Intersection Implementation of improvements shall occur with Prado/Dalidio Road construction. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: City of San Luis Obispo Public Works Department. TYes Page 76 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 43 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. T-6. Install Multilane Roundabout Control or Restricted Access at Prado Road/Dalidio Drive & Project Driveways Implementation of improvements shall occur with Prado/Dalidio construction. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. Yes T-3(d). Parallel Class I Multiuse Paths or Bike Boulevard Fair Share Payment: 1. Higuera Street (Madonna Road to Prado Road) 2. Los Osos Valley Road (Madonna Road to Higuera Street) 3. Madonna Road (Los Osos Valley Road to Higuera Street) Construct: 4. Prado Road/Dalidio Drive (Froom Ranch Way to Higuera Street) Payment of fair share for implementation identified improvements shall occur per Development Agreement. Implementation of Prado Road/Dalidio Drive improvement shall occur with Prado construction. City Public Works staff shall ensure implementation of this measure. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-3(a). City Transit Headway Optimization 1. Fund assessment of decreasing traffic headways to 25 min Implementation of improvements shall be ongoing as determined necessary by City Public Works. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-1(a, d). City Signal Timing Optimization Implementation of improvements shall be ongoing as determined necessary by City Public Works. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. TBD Page 77 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 44 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. T-7. Traffic Calming and/or Reconfiguration of New Neighborhood Streets The project applicant shall include neighborhood traffic circles at key intersections and traffic-calming features on final design plans for development within the Specific Plan Area. City Public Works staff shall confirm inclusion of neighborhood traffic circles at key intersections and traffic- calming features, and approve final design plans prior to issuance of grading permits. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-5. Froom Ranch Way Bridge Construction The Froom Ranch Way bridge connection shall be completed prior to any residential or non- residential building permits or occupancy permits. City Public Works staff shall confirm implementation of this measure. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. Yes T-4. Construction Traffic Management Plan The project applicant shall submit the construction traffic management plan for review and approval by the City prior to the initiation of construction. The City shall ensure compliance with the construction traffic management plan through routine monitoring throughout all phases of project construction. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. Ongoing T-1(a). Madonna & Los Osos Valley Road Ongoing by City. City Public Works staff shall monitor timing as needed. City of San Luis Obispo Public TBD Page 78 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 45 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance 1. City optimize signal timing to accommodate increased project volumes Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. Works Department. T-2(b), T-9(b). Madonna Road & Oceanaire Drive 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-1(d). Higuera Street & South Street 1. City optimize signal timing to accommodate increased project volumes Ongoing by City. City Public Works staff shall monitor timing as needed. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-11(a). Prado & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD T-11(b). North of Prado & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. TBD Page 79 of 231 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated February 2022) 46 Mitigation Measure Plan Requirements and Timing Monitoring Requirements and Status Responsible Agency or Party Compliance Verification Initial Date Compliance established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) Development Agreement. TDMP to be established prior to building permits or occupancy. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. T-11(c). North of Madonna & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. Compliance Status: Noted on Tract Map and project plans. Public Works to verify. Applies to all traffic mitigation. City of San Luis Obispo Public Works Department. TBD Page 80 of 231 San Luis Ranch Summary of Compliance with Mitigation Measures February 2022 Mitigation Measures Item MM ID Summary Description Timing Compliance Status 1 AG-3(a)Agricultural Conflict Avoidance Measures.Include language in SP in compliance 2 AG-3(c)Buffer Landscaping.Prior to Final Map approval In compliance; field verification required 3 N-5(c)Froom Ranch Way Noise Barrier.Prior to Final Map Approval NG-10; PIPs In compliance; ongoing with each project 4 REC-1 Parkland In-lieu Fees.Prior to Final Map approval Yes; ongoing with individual projects 5 BIO-2(c)Froom Ranch Way Bridge Design to Avoid Riparian Areas.As part of PIPs In compliance; annual reporting for 5 years 6 GEO-1 Earthquake and Ground Acceleration Design and Construction Measures.As part of PIPs In compliance; verify with permitting 7 GEO-3 Geotechnical Design.As part of PIPs In compliance; verify with permitting 8 HWQ-1(a)Stormwater Pollution Prevention Plan.Grading Permits; PIPs; Final Map In compliance; ongoing with each project 9 HWQ-1(b)Berms and Basins.Grading Permits; PIPs; Final Map In compliance; ongoing with each project 10 HWQ-1(c)Concept Grading Plan and Master Drainage Plan.Grading Permits; PIPs; Final Map In compliance; ongoing with each project 11 HWQ-3(a)Stormwater Quality Treatment Controls.Grading Permits; PIPs; Final Map In compliance; ongoing with each project 12 HWQ-3(b)Stormwater BMP Maintenance Manual.With PIPs; annually In compliance; annually with each project 13 HWQ-3(c)Stormwater BMP Semi-Annual Maintenance Report.With PIPs; semi-annually In compliance; semi-annually per project 14 AQ-2(e)Construction Activity Management Plan.Prior to Map Recordation In compliance 15 BIO-2(a)Habitat Mitigation and Monitoring Plan Prior to Final Map recordation In compliance; annual report required 16 AG-1 Agricultural Conservation.Prior to Grading Permits In compliance 17 AQ-2(a)Fugitive Dust Control Measures.Prior to Grading Permits In compliance; ongoing with each project 18 AQ-2(b)Standard Control Measures for Construction Equipment.Prior to Grading Permits In compliance; ongoing with each project 19 AQ-2(c)Best Available Control Technology (BACT) for Construction Equipment.Prior to Grading Permits In compliance; ongoing with each project 20 AQ-3(a)Standard Operational Mitigation Measures.Prior to Grading Permits In compliance; field verification required 21 AQ-3(b)Off-Site Mitigation.Prior to Grading Permits In compliance; field verification required 22 BIO-1(a)Best Management Practices.Prior to Grading Permits In compliance; subject to field verification 23 BIO-1(b)Worker Environmental Awareness Program Training.Prior to Grading Permits In compliance; subject to field verification 24 BIO-1(c)Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification 25 BIO-1(d)California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization Prior to Grading Permits In compliance; subject to field verification 26 BIO-1(e)Steelhead Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification 27 BIO-1(f)Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification 28 BIO-1(g)Nesting Birds Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification 29 BIO-1(h)Roosting Bats Impact Avoidance and Minimization.Prior to Grading Permits In compliance; subject to field verification 30 BIO-2(b)Tree Replacement.Prior to Grading Permits In compliance; annual reporting for 3 years 31 CR-2(a)Retain a Qualified Principal Investigator.Prior to Grading Permits in compliance 32 CR-2(b)Unanticipated Discovery of Archaeological Resources.Prior to Grading Permits In compliance; ongoing with each project 33 HAZ-4 Soil Sampling and Remediation Prior to Grading Permits In compliance; ongoing with each project 34 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization Prior to Grading Permits In compliance; ongoing with each project 35 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision.CLOMR before Grading Permits In compliance 36 N-1(a)Construction Vehicle Travel Route.Prior to Grading permits In compliance; ongoing with each project 37 N-1(b)Construction Activity Timing.ongoing; indicate on Grading Permits In compliance; ongoing with each project 38 N-1(c)Construction Equipment Best Management Practices (BMPs).ongoing; indicate on Grading Permits In compliance; ongoing with each project 39 N-1(d)Neighbor Property Owner Notification and Construction Noise Complaints 10 days prior to grading; include in permit In compliance; subject to field verification 40 AG-3(b)Agricultural Fencing.Prior to Building Permits TBD 41 AQ-2(d)Architectural Coating.Prior to Building Permits In compliance; ongoing with each project 42 CR-1(c)Informational Display of Historic Resources.Ag Center Building Permit TBD 43 N-5(a)Interior Noise Reduction.Building permits (NG-10, -23, and -30)In compliance; subject to field verification 44 T-1(b); T-8(a); T-9(c)Intersection 3: Madonna Road & Dalidio Drive/Prado Road Intersection (construct various)Building permits or occupancy TBD 45 T-1(c) Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 46 T-1(e); T-8(b)Intersection 9: LOVR and Froom Ranch Way (construct various)with Froom Ranch Way bridge TBD 47 T-1(f); T-8(c)Intersection 10: LOVR and Auto Park Way (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 48 T-1(g); T-8(g); T-9(l)Intersection 16: S. Higuera and Tank Farm Road (extend RT pocket to 230'; ROW; pay fair share; TDMP)Building permits or occupancy TBD Page 81 of 231 49 T-1(h)Intersection 21: Prado/Dalidio and Froom Ranch Way (construct roundabout)Building/occupancy (with connection)TBD 50 T-1(i)Intersection 25: Prado/Dalidio and SC Project Driveway (construct roundabout)Building/occupancy (with connection)TBD 51 T-2(a)Intersection 1: Madonna and LOVR (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 52 T-2(b); T-9(b)Intersection 2: Madonna and Oceanaire (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 53 T-2(c)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (extend LT to 150')Building permits or occupancy TBD 54 T-2(d)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 55 T-2(e)Intersection 7: Madonna and Higuera (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 56 T-2(f); T-9(h)Intersection 9: LOVR and Froom Ranch Way (construct various)with Froom Ranch Way bridge TBD 57 T-2(g)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (extend LT to 320')Building permits or occupancy TBD 58 T-2(h)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (dedicate ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 59 T-2(i)Intersection 14: LOVR & Higuera (extend EB RT lane to 180')Building permits or occupancy TBD 60 T-2(j); T-9(m)Intersection 18: Prado & Higuera (install 2nd NB LT lane; extend WB RT pocket to 400')Building permits or occupancy TBD 61 T-3(a)Segments 1-6: Madonna Road--LOVR to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 62 T-3(b)Segments 7-8: Higuera--Madonna to Prado (Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 63 T-3(c)Segments 13-17: LOVR--Madonna to Higuera (construct bikeway; Prado ROW; pay fair share cost; TDMP)Building permits or occupancy TBD 64 T-3(d)Segments 18-20: Dalidio/Prado--Froom to Higuera (construct Class I bikepaths)Building permits or occupancy TBD 65 T-5 Froom Ranch Way Bridge Construction Building or occupancy permits TBD 66 T-9(d)Intersecton 4: Madonna and El Mercado (see MM T-1(b))Building permits or occupancy TBD 67 T-11(a)NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD 68 T-11(b)NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD 69 T-11(c)NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD 70 HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision.LOMR before occupancy of first unit TBD 71 CR-1(a)Historical Structure Relocation and Reconstruction Plan.Prior to grading NG-30 site Completed; in compliance 72 CR-1(b)Archival Documentation of Historic Buildings.Prior to grading NG-30 site Completed; in compliance 73 N-5(b)Residential Outdoor Activity Area Noise Attenuation.Building permits (NG-30 and NC)In compliance; subject to field verification 74 N-5(d)U.S. Highway 101 Noise Barrier at Hotel.Grading permits (hotel)In compliance; subject to field verification 75 GEO-2 Operational Seismic Safety Requirement.Prior to Building Permits (NC)TBD 75 N-4(a)HVAC Equipment.Building permits (NC)TBD 76 N-4(b)Parking Lot/Loading Dock Orientation and Noise Barrier.Building permits (NC)TBD 77 AQ-1 Encourage Telecommuting.Prior to Occupany (NC)TBD 78 T-1(a)Intersection 1: Madonna and LOVR (optimize signal timing)ongoing by City TBD 79 T-1(d)Intersection 8: Higuera and South Street (signal timing)ongoing by City TBD 80 T-4 Construction Traffic Management Plan Construction activities TBD 81 T-5 Froom Ranch Way Bridge Construction Building permits or occupancy TBD 82 T-6 Project Site Intersection Roundabout Control As determined by City staff TBD 83 T-7 Traffic Calming and/or Reconfiguration of New Neighborhood Streets As determined by City staff TBD 84 T-8(d)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD 85 T-8(e)Intersection 13: LOVR & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD 86 T-8(f)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass)Timing determined by Caltrans and City TBD 87 T-9(a)Intersection 1: Madonna and LOVR (extend NB RT on LOVR to 295'; SB LT on Madonna to 395')Timing determined by Caltrans and City TBD 88 T-9(b)Intersection 2: Madonna and Oceanaire (extend WB RT on Madonna to 200')Timing determined by Caltrans and City TBD 89 T-9(e)Intersection 5: Madonna & U.S. 101 Southbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD 90 T-9(f)Intersection 6: Madonna & U.S. 101 Northbound Off Ramp (construct Prado Road overpass)Timing determined by Caltrans and City TBD 91 T-9(g)Intersection 8: Higuera and South Street (extend NB Higuera LT to 120')Timing determined by Caltrans and City TBD 92 T-9(i)Intersection 11: LOVR and Calle Joaquin (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD 93 T-9(j)Intersection 12: LOVR & U.S. 101 Southbound Off Ramp (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD 94 T-9(k)Intersection 14: LOVR & S. Higuera (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD 95 T-10(a)Segments 1-6: Madonna Road--LOVR to Higuera (construct Prado Road overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD 96 T-10(b)Segments 15-16: LOVR--Calle Joaquin to US 101 NB ramps (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD 97 T-10(c)Segment 24: Pardo/Dalidio--project driveway to Froom (construct Prado overpass w/ NB and SB ramps)Timing determined by Caltrans and City TBD 98 T-11(a)NB US 101 Prado Off Ramp (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD 99 T-11(b)NB US 101 North of Prado (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD 100 T-11(c)NB US 101 North of Madonna (pay fair share, dedicate ROW for overpass and NB ramps; TDMP)Building permits or occupancy TBD Page 82 of 231 San Luis Ranch Summary of Compliance with Development Agreement February 2022 Development Agreement Item DA ID Summary Description Responsibility Timing Compliance Status 1 1.03.a.1 Agreement terminates on 20th anniversary of annexation date All Parties ongoing ongoing; in compliance 2 1.03.a.2 Agreement terminates on 15th anniversary of annexation if backbone infrastructure not in place All Parties ongoing ongoing; in compliance 3 1.03.a.3 Agreement terminates once development and conditions are satisfied All Parties ongoing ongoing; in compliance 4 1.03.a.4 Agreement terminates if annexation doesn't occur within 5 years of DA "Vesting Date"All Parties ongoing ongoing; in compliance 5 1.04 Agreement must be executed 5 days after Ordinance adoption; to County Recorder within 10 days All Parties ongoing in compliance 6 5.02.1 Form Community Facilities District (CFD)City City Council adopts CFD Ordinance 4-16-19 in compliance; levy under CFD TBD 7 5.04.3 Reimbursement for developer improvements beyond fair share cost City according to law TBD once costs are known 8 5.04.4 Post $300,000 bond to ensure compliance with Section 5.04.4 Developer before 1st anniv of "Effective Date"in compliance 9 5.04.5 Prepay $1.5 million for Prado Interchange; early payment toward full mitigation fee; see notes Developer based on timing of Final Map approval in compliance 10 7.08 City to use Fee for grant program to replace existing sewer laterals equivalent to 66,000 gpd City ongoing ongoing; in compliance 11 11.01; 02 Annual evaluation of the MMRP to ensure compliance City ongoing; annually ongoing; in compliance 12 11.04 Annual evaluation of the DA to ensure compliance City ongoing; annually ongoing; in compliance 13 11.05 CDD to issue "Finding of Development Agreement Compliance" based on review City ongoing; annually ongoing; in compliance 14 12.03 Any DA provision out of compliance must be cured within 60 days both parties ongoing ongoing; in compliance 15 6.02.3 Land dedications for ROW or infrastructure Developer prior to infrastructure need or map approval ongoing; in compliance 16 7.03 Dedicate 2.8 acres of onsite parkland and build park Developer prior to final map ongoing; park not yet built 17 7.09 Make Recycled Water facility improvements per Figure 7.2 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance 18 7.10 Make storm drainage improvements per Figure 7.4 of SLR SP Developer prior to Final Map or building permits ongoing; in compliance 19 7.11 Make floodplain improvements Developer prior to Final Map or building permits ongoing; in compliance 20 7.13.01 CC&Rs disclosure statement required City prior to Final Map or building permits TBD 21 7.13.07 City to allow building permits and occupancy for up to 24 model homes prior to Final Map City prior to final map ongoing; in compliance 22 7.08 Pay $300,000 Capacity Offset Fee for sewer improvements Developer prior to recording Final Map In compliance 23 7.03 Dedicate offsite parkland or pay up to $3,175,026 as equivalent Developer prior to recording Final Map In compliance 24 7.04 Secure Ag Easement on 30 acres at APN 067-181-010 Developer prior to grading permits In compliance 25 7.06 Implement energy saving measures in development Developer prior to building permits ongoing; in compliance 26 7.07 Implement water saving measures in development Developer prior to building permits ongoing; in compliance 27 7.13.04 Complete Design Review for all major surface public facilities City prior to construction ongoing 28 5.03.2.b Pay all Development Impact Fees (DIF) to City per April 2018 DIF update Developer prior to occupancy TBD 29 5.04.4 Pay Early Residential Development Fee ($262/unit)Developer prior to occupancy TBD 30 5.04.6 Pay remaining Prado Road Mitigation Fee Developer prior to occupany generating 233 PM PHT TBD 31 7.12 Make traffic and circulation improvements Developer prior to occupancy TBD 32 7.05 Provide Affordable Housing or in lieu payment for commerical per Exhibit F of the DA Developer prior to final map for NC Mixed use project approved 11-17-20 Page 83 of 231 Page 84 of 231