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HomeMy WebLinkAbout11-18-2014 PH1 Tentative Tract Map 3080 Rockview PlaceCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Derek Johnson, Community Development Deputy Director Prepared By: Jaime Hill, Contract Planner Marcus Carloni, Associate Planner SUBJECT: VESTING TENTATIVE TRACT MAP FOR A NINE (9) LOT COMMON- INTEREST SUBDIVISION, USE PERMIT FOR DEVELOPMENT OF A SITE WITH SPECIAL CONSIDERATIONS, AND ENVIRONMENTAL REVIEW RECOMMENDATION Adopt the resolution (Attachment 1) approving Vesting Tentative Tract Map 3057 and Use Permit (A 202-13) that includes a Mitigated Negative Declaration of Environmental Impact (ER 202-13), based on findings, and subject to conditions. SITE DATA Applicant Covelop, Inc. Representative Damien Mavis Zoning R-2-S (Medium Density Residential, Special Considerations) General Plan Medium Density Residential Site Area 31,479 square feet (0.7227 ac) Application Complete Environmental Status February 7, 2014 Mitigated Negative Declaration recommended for adoption (ER 202- 14) REPORT-IN-BRIEF The applicant is seeking approval of a vesting tentative tract map and use permit to create a nine lot residential common interest subdivision, including eight market rate units and one home dedicated as a restricted unit for moderate-income families. The 31,479 square foot vacant site is located on Rockview Place and is bisected by a drainage channel. In addition to the nine single- family homes, the project entails construction of a common driveway and landscaping, and a small bridge to provide access to six lots (Lots 4-9), which are across the drainage channel. The project relies upon exceptions to street yard, other yard, and creek setback standards which were approved by the Planning Commission. 11/18/14 PH1 PH1 - 1 Council Agenda Report – TR/A/ER 202-13 November 18, 2014 Page 2 On August 27, 2014, the Planning Commission determined (4-0 vote: Riggs, Draze and Multari absent) that the project was consistent with the General Plan, Subdivision Regulations, and applicable City policies, and other development standards, and recommended that the City Council approve the project (Attachment 6). The Planning Commission recommendation was based on consistency with General Plan policies regarding infill housing, neighborhood compatibility, preservation of natural features, and the provision of compact affordable-by- design housing including one affordable housing unit (moderate) on-site. On October 6, 2014, the Architectural Review Commission (ARC) also determined that the project is consistent with the Community Design Guidelines, and granted final approval of the site design and architecture. DISCUSSION Background Site Description The overall project site consists of vacant land (primarily non-native annual grassland). At the center of the site is an unvegetated drainage channel, which is classified in the General Plan as “Perennial creek with degraded corridor, high encroachment, and difficulty in restoring”. The creek enters into existing culverts on properties to both the north and south. The project site is located in an urbanized area of the City and is surrounded with multi-family zoned residential buildings and commercial uses to the southeast. The project is approximately 1.5 miles from the end of San Luis Obispo Airport Runway 29, which is within the boundary of Airport Land Use Plan (ALUP)1 Zone 6, but beyond Airport Noise Contours. Table 1: Site Description 1 The ALUP allows for 12 front doors per acre. As measured to the center of the street right-of-way the site is 0.769ac / 12 unit/ac = 9.22 units, rounded down to 9 units (or 9 front doors). Site Size 31,479.29 sf (0.7227 ac) Present Use & Development Vacant land Topography Less than 15% slope Access Rockview Place Surrounding Use/Zoning North: Developed multi-family properties zoned R-2. South/Southeast: Multi-family development zoned R-2 and Crossroads commercial center zoned Service Commercial with Planned Development Overlay (C-S-PD). East: Residential development zoned Service-Commercial with Special Considerations Overlay. West: Developed multi-family properties zoned R-2. PH1 - 2 Council Agenda Report – TR/A/ER 202-13 November 18, 2014 Page 3 Project Description The proposed project includes the following significant features: 1. Vesting Tentative Tract Map 3057 for a nine-lot common interest subdivision; 2. Eight detached two-bedroom single-family homes; 3. One designated moderate-income affordable unit (a three-bedroom single-family home on Lot 5) that entitles the project to a density bonus and one concession/incentive. The requested incentive is setback reductions (including creek, street yard, and other yard setbacks, and tandem parking in the street yard); 4. A small 18-foot span access bridge located at the western extent of Lot 6 and designed to provide access to six lots (Parcels 4-9) which are across a drainage channel; 5. A common driveway and guest parking, decorative landscaping, and restorative plantings in the constructed creek bank areas along the drainage channel. The nine detached, single-family homes are all two-story with attached single-car garages. There are three different exterior building designs (A-D, with models B and D differing only internally). Each home provides ground level private yards, private storage within the garage, and laundry facilities on the upper sleeping level. Dedication of one unit as affordable entitles the project to a 7.5% density bonus and one incentive/concession, as allowed by State Law. The applicant has proposed to utilize these entitlements by adding an additional bedroom to the dedicated affordable unit (for the density bonus), and requesting flexibility with regards to setbacks, including street, other yards, and along the creek corridor (utilizing the incentive/concession). The added density does not compromise the project’s consistency with ALUP density requirements, as it takes the form of an additional bedroom within a unit, rather than creating an additional unit (ALUP density standards are based on number of “front doors,” 9 are allowed by the ALUP and 9 are proposed). PROJECT ANALYSIS General Plan Consistency The site is designated as “Medium Density Residential” on the General Plan Land Use Element (LUE) map and the site is currently undeveloped. The General Plan anticipates compact residential development on small lots, with some private outdoor space for each dwelling. The development proposal can be found consistent with numerous General Plan policies, including those pertaining to respecting site constraints and natural amenities (LUE Policies 2.2.8 – Natural Features 2, and LUE Policy 2.2.11 – Site Constraints 3), integration of new development within existing residential areas (LUE Policy 2.2.6 – Neighborhood Pattern 4), and production of infill housing with a mix of market-rate and affordable units (HE Policy 4.2 – Mixed-Income 2 General Plan Land Use Element (LUE) Policy 2.2.11 (Site Constraints) states: “Residential development shall respect site constraints such as property size and shape, ground slope, access, creeks and wetlands, wildlife habitats, native vegetation, and significant trees”. 3 General Plan LUE Policy 2.2.8 (Natural Features) states: “Residential developments should preserve and incorporate as amenities natural site features, such as land forms, views, creeks, wetlands, wildlife habitats, and plants”. 4 General Plan LUE Policy 2.2.6 (Neighborhood Pattern) states: “All residential development should be integrated with existing neighborhoods. Where physical features make this impossible, the new development should create new neighborhoods.” PH1 - 3 Council Agenda Report – TR/A/ER 202-13 November 18, 2014 Page 4 Housing 5, and HE Program 6.14 – Housing Production 6). For a more detailed analysis of the project’s consistency with these policies, see Attachment 5 (May 14, 2014 Planning Commission Staff Report). Property Development Standard Consistency Within common interest subdivisions, property development standards such as density, yards, and coverage, apply with respect to both exterior property limits and within each new lot. Additionally, each unit must comply with development standards specific to common interest subdivisions. To accommodate these requirements the shapes of lots vary, as the property line layout was designed to accommodate the allowable residential density and affordable housing, as well as restoration of the degraded seasonal creek channel. 1. Density To meet the City’s Inclusionary Housing requirement, the applicant is including one deed- restricted affordable housing unit for moderate income families within the project. This dedication entitles the project to a 7.5% density bonus, which the applicant has utilized to increase the dedicated affordable unit on Lot 5 from two bedrooms to three bedrooms. 2. Setback Exceptions To achieve the allowable density, the project requires findings in support of approval of setback reductions to both internal and external property lines and the restored creek corridor, which are requested as the incentive/concession for providing on-site affordable housing. State law requires a local jurisdiction to approve requested density bonuses and incentives unless findings are made based on substantial evidence that their approval will result in a specific adverse impact upon public health and safety or the physical environment 7. As detailed in the Planning Commission Staff Report, the majority of the requested yard reductions are minor in nature, the majority being one to two feet due to building height, and a minimum of 10-feet separation between buildings will be maintained at all times (Attachment 3, Setback Table). Additionally, the Natural Resources Manager has supported the proposed 10- foot creek setback, as it allows reconstruction and revegetation of the creek back with a gradual 2:1 slope bank, which will reduce ongoing maintenance and erosion concerns. As this is a manufactured creek corridor, it is a fairly unique situation which would not set an undesirable precedent. As required of a new subdivision, the City Council must approve allowance of setback reductions with the tentative map, which were recommended for approval by the Planning Commission. 5 General Plan HE Policy 4.2 (Mixed-Income Housing) states: “Include both market-rate and affordable units in apartment and residential condominium projects and intermix types of units. Affordable units should be comparable in appearance and basic quality to market-rate units.” 6 General Plan HE Program (6.14 (Housing Production) states: “Encourage residential development through infill development and densification within City limits and in designated expansion areas over new annexation of land.” 7 Government Code Section 65915-65918 The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following: (A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. (C) The concession or incentive would be contrary to state or federal law. PH1 - 4 Council Agenda Report – TR/A/ER 202-13 November 18, 2014 Page 5 Table 2 (below) indicates the projects consistency with Subdivision Regulation standards for Common Interest Subdivisions (Chapter 16.17) and pertinent property development standards. Table 2: Project Statistics Statistics Item Ordinance Standard 8 Proposed 9 Street Yards 20 feet 14 and 20 feet Other Yards 5 – 13 feet Varies Max. Height of Structure(s) 35 feet 26-30 feet Density 10 density units 10 10 density units Building Coverage (footprint) 50% ~ 25% Private Open Space 250 sf per unit Varies > 250 sf Common Open Space 150 sf per unit (1,350 sf) 4,618 sf within creek corridor Total Open Space 400 sf per unit (3,600 sf) ~ 7,000 sf Parking Spaces (for residents) 2 per home 2 per home Parking Spaces (for guests) Cars Motorcycle Bicycle 2 car 1 motorcycle 1 short-term rack 2 car 1 motorcycle 1 bicycle rack Landscaping n/a Private, Common & Riparian Grading n/a 1,500 CY Fill Planning Commission Action On May 14, 2014, the Planning Commission reviewed the application and continued the project to allow the applicant to address specific concerns. These included simplification of the lot line pattern, exploring potential for a pedestrian connection at the eastern corner of the site to the Crossroads center, submittal of a sample Joint Maintenance Agreement (JMA), and reorientation of the home on Lot 1 to provide the required external side yard to the south. The Planning Commission staff reports, hearing minutes and resolution are attached (Attachment 5). On August 27, 2014 the Planning Commission recommended approval of the project to the City Council; 4-0 vote (Riggs, Draze and Multari absent). The Planning Commission found that the redesigned project was consistent with their direction as well as the General Plan, Subdivision Regulations, and applicable development policies. Aside from the applicant, there was no public testimony provided at the hearing. Planning Commission discussion focused on project revisions that addressed their earlier concerns – a new lot pattern, pedestrian connection (which was found to be infeasible), JMA, and reorientation of the home on Lot 1 – as well as further refinements to the project including maintaining the recommended 10-foot creek corridor, adjusting the guest parking layout, and improvement of the projects Green Building rating. The Planning Commission staff reports, hearing minutes, and resolution are attached (Attachment 6). 8 City Zoning and Subdivision Regulations 9 Applicant’s project plans 10 Allowed Density = 0.6988 ac * 12 density units/ac = 8.39 units. (Allowed 7.5% density bonus plus one incentive/concession) 8.39 density units x 1.075 = 9.02 density units (allowed to round up to next whole number per Section 17.90.040B) = 10 Density Units PH1 - 5 Council Agenda Report – TR/A/ER 202-13 November 18, 2014 Page 6 Architectural Review Commission Action On October 6, 2014, the Architectural Review Commission (ARC), on a 6-0 vote (Wynn recused) granted final approval of the project design and architecture. The ARC found that the project was consistent with the Community Design Guidelines and compatible in scale, siting, detailing and overall character with buildings in the adjacent neighborhood. There was no public testimony provided at the hearing. ENVIRONMENTAL REVIEW An Initial Study has been prepared by staff in accordance with the California Environmental Quality Act and a Mitigated Negative Declaration (MND) is recommended for adoption (Attachment 7). The Initial Study identifies potentially significant impacts associated with air quality, and biological and cultural resources, and provides recommendations for mitigation measures that, if incorporated into the project, would reduce the potential impacts to below the threshold of significance. These mitigation measures will affect the development phase of the project, including provisions for ensuring that natural and cultural resources (should they be discovered) are adequately protected. Revisions to the project since the publication of the document have been evaluated and determined not to have created any new impacts not previously discussed. With the incorporation of the recommended mitigation measures the potential impacts to the environment will be reduced below a level of significance. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Since the project does not propose to change the General Plan designations of the site, it has a neutral fiscal impact. ALTERNATIVES 1. The Council may continue review of the project. If more information is needed, direction should be given to staff and the applicants on pertinent issues. 2. The Council may adopt a resolution denying the project based on findings of inconsistency with the Subdivision Regulations and/or General Plan Policies as specified by the City Council. This is not recommended because the project is consistent with the General Plan and has been approved (or recommended for approval) by the Architectural Review Commission and Planning Commission. 3. Direct staff to return with necessary findings based on substantial evidence that the approval of the project with density bonus will result in a specific adverse impact upon public health and safety or the physical environment or the concession or incentive is not PH1 - 6 Council Agenda Report – TR/A/ER 202-13 November 18, 2014 Page 7 required in order to provide affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code. Staff does not recommend this action as no information has been presented to support these findings. No environmental issues or public safety issues have been identified that have not been addressed through design measures. ATTACHMENTS 1. Draft Resolution as recommended by the Planning Commission and staff 2. Vicinity Map 3. Reduced size project plans 4. Project Setback Table 5. May 14, 2014 Planning Commission Minutes, and Staff Report (Full report and attachments available at the following path: slocity.org>Agendas>Planning Commission>Past Agenda/Staff Reports>05-14-14). 6. August 27, 2014 Planning Commission Resolution, Minutes, and Staff Report (Full report and attachments available at the following path: slocity.org>Agendas>Planning Commission>Past Agenda/Staff Reports>08-27-14). 7. Mitigated Negative Declaration of Environmental Impact (ER 202-13), recommended on May 7, 2014 AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE 1. Full-size project plans \\chstore7\Team\Council Agenda Reports\2014\2014-11-18\Tentative Tract Map - 3080 Rockview Pl (Johnson- Davidson)\ECAR 3080 Rockview (202-13).docx PH1 - 7 Attachment 1 R ______ RESOLUTION NO. _____ (2014 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP WITH EXCEPTIONS TO PROPERTY DEVELOPMENT STANDARDS, A USE PERMIT ALLOWING DEVELOPMENT OF A NINE-UNIT RESIDENTIAL PROJECT ON A SITE WITH SPECIAL CONSIDERATIONS (R-2-S ZONING), AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. 3080 ROCKVIEW PLACE; TR/A/ER 202-13 (TRACT 3057) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings on May 14, 2014 and August 27, 2014, at which they reviewed the proposed project and recommended approval to the City Council; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing on October 6, 2014, at which they reviewed the proposed project and granted approval of the site design and architecture; and WHEREAS, on November 18, 2014, the City Council conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering application TR/A/ER 202-13, a request for a Use Permit to allow development of a site zoned Medium-Density Residential with a Special Considerations overlay with a nine-unit Common Interest Subdivision and Vesting Tentative Tract Map for a residential subdivision; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by the Planning Commission and staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings approving the request for Vesting Tentative Tract Map 3057, including exceptions to property improvement standards for new common interest subdivisions, and Use Permit A 202-13 to allow development of a site with the Special Consideration overlay zoning: Subdivision Findings 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and Airport Land Use Plan, including compatibility with PH1 - 8 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 2 the objectives, policies, general land uses and programs specified in the General Plan for Medium Density Residential land uses. 2. As demonstrated by the Winter Solstice Shading Plan and Conceptual Landscape Plan, the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. 3. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach set aside, void or annul an approval of the City Council, Planning Commission, or City Staff concerning a subdivision. 4. The proposed tentative tract map is consistent with the General Plan, including LUE Policies 2.2.11, 2.2.8 and 2.2.6, and HE Policies 4.2 and 6.14, because the subdivision will provide residential development anticipated by the General Plan and preserve and incorporate as amenities, natural site features, and sensitive natural resources. 5. The site is physically suited for the proposed type of development because the project has been designed to utilize available residential density while enhancing creek resources. 6. The project is consistent with the intent of the City’s Common Interest Subdivision standards, in that it provides for small ownership units with private and common amenities in a compact, cohesive manner. 7. With the incorporation of the recommended conditions and mitigation measures, the design of the subdivision and improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the project will create beneficial enhancement of degraded natural resources. 8. The design of the subdivision, or type of improvements, is not likely to cause serious public health or safety problems because the type of improvements are appropriate for the location and will be designed to meet existing building and safety codes. 9. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because such easements will be maintained. Affordable Housing 10. The development of one home restricted for a moderate-income family on-site is consistent with the City’s inclusionary housing requirements which require that projects of this size provide one affordable unit on-site or pay the in-lieu housing fee 11. The proposed project, which provides a deed-restricted unit affordable to moderate- PH1 - 9 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 3 income households, is consistent with policies and programs of the General Plan that encourage new development to accommodate affordable housing production and variety. By providing this affordable unit within the project, the City is able to approve a 7.5% density bonus and one incentive. The specific incentive approved for the project is allowing relaxation of setback standards, including street, other and creek setbacks that do not create health and safety impacts as determined through the Mitigated Negative Declaration prepared for the project Exceptions to yard requirements (affordable housing incentive/concession) 12. There are circumstances of the site, such as the unusual configuration and bifurcation by an open drainage channel, distinct from land in the same zoning, which would make compliance with all setbacks infeasible. 13. Strict adherence to the required property improvement standards would decrease the size or number of units within the project resulting in a significant loss of entitlement, and inability to provide for restricted affordable housing on-site. 14. The reduced setbacks will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning, as dedication of one on-site affordable unit, or 12.5% of the project, entitles the project to at 7.5% density bonus and one incentive or concession. 15. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. Final configuration of the homes, including setbacks, has been reviewed and approved by the Architectural Review Commission at their October 6, 2014 public hearing. 16. The location and design of the feature(s) receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement, as it will facilitate the establishment of gradually-sloped, vegetated creek bank. 17. The exception will not limit the city’s design options for providing flood control measures that are needed to achieve adopted city flood policies, as the newly engineered creek channel has been designed to improve drainage through the site. 18. The exception will not prevent the implementation of city-adopted plans, nor increase the adverse environmental effects of implementing such plans, as the project includes reestablishment of a creek channel at this location at a preferred gradual slope-bank. 19. There are circumstances applying to the site, such as its unusual shape and the need to accommodate the existing culvert on neighboring properties, which does not apply generally to land in the vicinity with the same zoning that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning. PH1 - 10 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 4 20. The exception will not constitute a special privilege – an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning, as the creek channel will be improved by the proposed project. 21. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream, as the project will improve the creek channel before it enters the existing culvert on the neighboring property. 22. Site development cannot be accomplished with a redesign of the project without reducing proposed density and a dedicated affordable unit. 23. Redesign of the project would deny the property owner reasonable use of the property and the ability to provide affordable housing on-site. SECTION 2. Environmental Review. A Mitigated Negative Declaration was prepared by the Community Development Department on May 7, 2014. The City Council finds and determines that the project’s Mitigated Negative Declaration adequately identifies that there is no foreseeable potential for significant environmental impacts by the proposed project. The City Council does hereby adopt the proposed Mitigated Negative Declaration (ER 202-13) with incorporation of the following mitigation measures: Mitigation Measure 1: Air Quality 1. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds over 25 m.p.h. Reclaimed (non-potable) water is to be used in all construction and dust-control work. c. Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. f. Scheduling of construction truck trips during non-peak hours to reduce peak hour emissions. g. If determined to be needed, periodic wash downs or mechanical street sweeping of streets in the vicinity of the construction site shall be done.  Monitoring Plan, MM #1: These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the PH1 - 11 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 5 dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development and Public Works Departments prior to commencement of construction. Mitigation Measure 2: Biological Resources 2. The project shall incorporate the following erosion control measures for work in and around the riparian corridor: a. No heavy equipment should enter flowing water. b. Equipment will be fuelled and maintained in an appropriate staging area removed from the riparian corridor. c. Restrict all heavy construction equipment to the project area or established staging areas. d. All project related spills of hazardous materials within or adjacent to the project area shall be cleaned up immediately. Spill prevention and clean up materials should be onsite at all times during construction. e. All spoils should be relocated to an upland location outside the creek channel area to prevent seepage of sediment in to the drainage/creek system.  Monitoring Plan, MM #2: All construction and grading plan sets shall clearly note the above mitigation measures on applicable sheets and be clearly visible to contractors and City inspectors. Prior to issuance of building permits, a pre-construction meeting is required between Associate Planner, Marcus Carloni (or assigned planner) and the project contractor supervisor to ensure the above requirements are understood and complied with at all times. Community Development Department staff and Public Works staff will periodically inspect the site for continued compliance with the above mitigation measures. Mitigation Measure 3: Cultural Resources 3. If materials (including but not limited to bedrock mortars, historical trash deposits, and human burials) are encountered during excavation, work shall cease until a qualified archaeologist makes determinations on possible significance, recommends appropriate measures to minimize impacts, and provides information on how to proceed in light of the discoveries. All specialist recommendations shall be communicated to the City of San Luis Obispo Community Development Department prior to resuming work to ensure the project continues within procedural parameters accepted by the City of San Luis Obispo and the State of California.  Monitoring Plan, MM #3: All construction and grading plan sets shall clearly note the above mitigation measures on applicable sheets and be clearly visible to contractors and City inspectors. Prior to issuance of building permits, a pre-construction meeting is required between Associate Planner, Marcus Carloni (or assigned planner) and the project PH1 - 12 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 6 contractor supervisor to ensure the above requirements are understood and complied with at all times. Community Development Department staff and Public Works staff will periodically inspect the site for continued compliance with the above mitigation measures. SECTION 3. Action. The City Council hereby approves the Vesting Tentative Tract Map and Use Permit to allow development of a site with Special Considerations, and adoption of a Mitigated Negative Declaration (TR/A/ER 202-13), with incorporation of the following project conditions: Community Development Department - Planning 1. All exceptions to setback standards and conditions of approval, including those required by the Architectural Review Commission, mitigation measures and easements shall be shown on the final map and/or subdivision improvement/building plans. 2. Lot 5 shall provide an affordable housing unit in compliance with Section 17.91 of the Municipal Code. An affordable housing agreement shall be recorded in compliance with the City’s Affordable Housing Standards subject to the approval of the City Attorney. Community Development Department - Engineering 3. All easements shall be recorded on title with the individual lots. 4. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the subdivider of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim." 5. Some of the proposed lot lines are shown relatively close to the proposed building. Wall rating requirements and opening protective will apply per Table R302.1(2). Proposed setback dimensions shall be clearly shown on plans to assess the requirements based on Table as referenced. 6. Park in-lieu fees shall be paid for each lot prior to map recordation in accordance with the fee resolution in effect at the time of final map submittal/recordation. 7. Complete frontage improvements are required as a condition of the subdivision and development. All improvements shall be designed and constructed in accordance the City Engineering Standards and Standard Specifications in effect at the time of submittal PH1 - 13 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 7 of said improvements. The required subdivision improvements shall be completed or covered by an appropriate surety prior to map recordation. 8. Grade and line shall be established by the developer for the new curb and gutter to the satisfaction of the Public Works Director. A separate public improvement plan may be required where grades and alignment have not been established or where significant discrepancies are discovered. The developer is responsible for any required engineering and/or surveying. Record drawings shall be provided at the completion of construction. 9. The required public and private subdivision improvements may be completed with a separate subdivision improvement plan submittal processed through the Public Works Department. As an alternate, the building plan submittal may be used to show all required improvements. Improvements located within the public right-of-way will require a separate encroachment permit and associated inspection fees. A separate plan review fee based on the fee resolution in effect at the time of plan submittal will be required for the Public Works Department review of the subdivision improvements associated with the building plan submittal. 10. The final map shall show and note the offer of dedication for the sidewalk, public pedestrian easement for any ADA sidewalk extensions, a 10’ PUE, and a 10’ street tree easement. 11. Any required or proposed off-site easements or license agreements shall be secured or recorded prior to or concurrent with recordation of the map or prior to construction. 12. Private easements for access, parking, maneuverability, drainage, utilities, and open space shall be shown and noted on the final map. Some or all of the private easements may be in the form of a blanket easement. The common driveway and any maintenance agreements shall be recorded in conjunction with the map. 13. The open space easement, drainage easement, and any easement agreements shall be reviewed and approved to the satisfaction of city’s Natural Resource Manager and Public Works Department in conjunction with recordation of the map. Restoration planting within the open space and creek corridor shall be approved by the Natural Resource Manager. 14. The final map or additional map sheet shall show the limits of 100-year flood inundation in accordance with the drainage analysis and as generally shown on the tentative map. 15. The updated project soils report shall be referenced on the map or on an additional sheet. 16. The parcel map/final map preparation and monumentation shall be in accordance with the city’s Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. 17. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall PH1 - 14 Resolution No. _____ (2014 Series) Attachment 1 3080 Rockview (202-13) Page 8 be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2014. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney PH1 - 15 R-2-S R-2-S C/OS-40 R-2-S C-S-PD R-2-S C-S-S C-S-S C-S-PD R-3-PD R-2-PD C-S-S C-S C-S R-2-S C-C-S R-2-PD R-1-PD R-1-PD R-1-PD B R O A D R O C K V I E W PERKIN S SWEEN E Y ORCUTT VICINITY MAP File No. 202-133080 Rockview ¯ Attachment 2 PH1 - 16 Attachment 3 PH1 - 17 Attachment 3 PH1 - 18 Attachment 3 PH1 - 19 Attachment 3 PH1 - 20 Attachment 3 PH1 - 21 Attachment 3 PH1 - 22 Attachment 3 PH1 - 23 Attachment 3 PH1 - 24 Attachment 3 PH1 - 25 Attachment 3 PH1 - 26 2 3 1 232 231 233 x x x x x x x x x x x 22 6 ' 22 7 ' 22 8 ' 229' 229 ' 229' 231 ' 231' 231' 231' 232 ' 232' 232' 232' 2 3 3 ' 233' 233' 233' 234' 234' 236' 236 ' 237' 237' 23 7 ' 238' 238' 239' 239' 239' 2 2 5 ' 230' 230' 2 3 0 ' 235' 235 ' 234 234 233 232 231 230 up u p u p u p u p u pu pu p u p 231232231 233 226'227' 22 8 ' 229' 229' 231' 231' 232'233'225'230' 230' 2 3 0 ' 22 3232232232223223223322232332332222322232232323223223222232232232222222323223232232223222232322322323222222222322223222322322222323222232323232323232323323232333322322323332232232323222323232322332333332323333333332332232323232233232323232233232323232332323232222222 030'00'0'0'00'23223223233 3033000000230300000303003030300030023030303030300000002303033303030303000303000003112312323112312312231312221 222222222222222222222222222 2'2'2'2'2'2'2222'222222'2'2'2'2222222222 '22222''22222'2'22222'22222222222222222222222222222 11111 2331311313133111311'11111''1111 21 (E ) 2 4 " C A L I F O R N I A WA L N U T T R E E TO B E R E M O V E D (E ) B L A C K B E R R Y . T R I M A S N E E D E D TO C O M P L E T E I M P R O V E M E N T S SH O W N A N D P R E S E R V E B A L A N C E IN P L A C E . up up LA W N LA W N L-1 Co n c e p t u a l L a n d s c a p e P l a n Ni n e o n R o c k v i e w Tr a c t 3 0 5 7 , S a n L u i s O b i s p o , C A November 26, 2013 File Name: Firma_Rockview_Subdivision_21358 Last Date Modified: 2/7/14 fir m a l a n d s c a p e a r c h i t e c t s p l a n n i n g • e n v i r o n m e n t a l s t u d i e s 18 7 T a n k F a r m R o a d , S u i t e 2 3 0 , S a n L u i s O b i s p o , C A 9 3 4 0 1 ph o n e : 8 0 5 . 7 8 1 . 9 8 0 0 f a x : 8 0 5 . 7 8 1 . 9 8 0 3 Le g e n d Ri p a r i a n V e g e t a t i o n E n h a n c e m e n t A r e a (S e e e n l a r g e m e n t a t r i g h t ) 3 , 6 0 0 s . f . Fr o n t Y a r d L a n d s c a p e A r e a (S e e e n l a r g e m e n t a t r i g h t ) 3 , 7 8 5 s . f . Re a r Y a r d L a n d s c a p e A r e a (S e e e n l a r g e m e n t a t r i g h t ) 6 , 2 3 4 s . f . Fr o n t a n d R e a r Y a r d L a n d s c a p e ( 1 g a l l o n m i n . ) Mu l c h a l l g r o u n d c o v e r a n d p l a n t e r a r e a s w i t h 2 ” m i n i m u m l a y e r ' w a l k - o n ' b a r k . Ar b u t u s ' M a r i n a ' / S t r a w b e r r y T r e e Ca s s i a l e p t o p h y l l a / G o l d e n M e d a l l i o n T r e e Pi s t a c i a c h i n e n s i s / C h i n e s e P i s t a c h e Ag a v e a m e r i c a n a ' M e d i o - P i c t a ' / C e n t u r y P l a n t Ag a v e ' B l u e G l o w ' / B l u e G l o w A g a v e An i g o z a n t h o s ( H y b r i d s ) / K a n g a r o o P a w Tr e e s ( 5 G a l l o n m i n . ) Al n u s r h o m b i f o l i a / W h i t e A l d e r Pl a t a n u s r a c e m o s a / C a l i f o r n i a S y c a m o r e Po p u l u s t r i c h o c a r p a / B l a c k C o t t o n w o o d Qu e r c u s a g r i f o l i a / C o a s t L i v e O a k Ri p a r i a n V e g e t a t i o n E n h a n c e m e n t A r e a ( 1 g a l l o n m i n . ) Ba c c h a r i s p i l u l a r i s ' P i g e o n P o i n t ' / P r o s t r a t e C o y o t e B r u s h He t e r o m e l e s a r b u t i f o l i a / T o y o n My r i c a c a l i f o r n i c a / P a c i f i c W a x M y r t l e Rh a m n u s c a l i f o r n i c a ' E v e C a s e ' / C o f f e e b e r r y Ro s a c a l i f o r n i c a / C a l i f o r n i a W i l d R o s e 4" m u l c h l a y e r u n d e r r i p a r i a n t r e e s o n b a n k Re t a i n e x i s t i n g v e g e t a t i o n i n c h a n n e l b o t t o m . Pl a n t t h e f o l l o w i n g p l a n t m a t e r i a l s a t 1 p e r 2 5 s f i n t h e d r a i n a g e c h a n n e l ( a p p r o x . 3 3 p l a n t s ) . Pl a n t i n g r o u p s o f 3 - 5 a t 3 ’ o n c e n t e r a m o n g e x i s t i n g v e g e t a t i o n . 10 J u n c u s p a t e n s ( 1 g a l l o n ) 13 C a r e x p r a e g r a c i l i s ( 1 g a l l o n ) 10 L e y m u s t r i t i c o i d e s ( 1 g a l l o n ) 21 Pr o p o s e d P l a n t M a t e r i a l s Pr o p o s e d p l a n t m a t e r i a l s w e r e r e v i e w e d a n d a p p r o v e d i n J u l y , 2 0 0 8 b y M o l l y B r o w n , F i r e I n s p e c t o r I I , Ci t y o f S a n L u i s O b i s p o F i r e D e p a r t m e n t a n d D r . N e i l H a v l i k , N a t u r a l R e s o u r c e s M a n a g e r , C i t y o f S a n L u i s O b i s p o . Carex tumulicola / Berkeley Sedge Festuca 'Elijah Blue' / Elijah Blue Fescue Leymus condensatus 'Canyon Prince' / Canyon Prince Wild Rye Pennisetum 'Orientale' / Oriental Fountain Grass Aptenia cordifolia / Red Apple Arctostaphylos edmundsii 'Carmel Sur'/Carmel Sur Manzanita Senecio mandraliscae / Blue Chalk Sticks Rockview Place Wa t e r C o n s e r v a t i o n C o n c e p t S t a t e m e n t Pl a n t i n g & i r r i g a t i o n p l a n s h a v e b e e n d e s i g n e d t o c o n s e r v e w a t e r . Th e f o l l o w i n g d e s i g n t e c h n i q u e s h a v e b e e n i n c o r p o r a t e d t o a c h i e v e th i s g o a l . Ir r i g a t i o n S y s t e m D e s i g n ( F r o n t & R e a r Y a r d s ) : Ir r i g a t i o n s y s t e m t o b e a f u l l y a u t o m a t i c u n d e r g r o u n d s y s t e m u t i l i z i n g ei t h e r l o w - p r e c i p i t a t i o n s p r a y h e a d s , b u b b l e r s , o r d r i p e m i t t e r s , o r a co m b i n a t i o n t h e r e o f . I r r i g a t i o n h y d r o z o n e s s h a l l b e s e p a r a t e d w i t h co n t r o l v a l v e s a n d c o n t r o l l e r s t a t i o n s i n t o a p p r o p r i a t e a n d c o m p a t i b l e zo n e s . M a t c h e d p r e c i p i t a t i o n s p r a y h e a d s h a v e b e e n u t i l i z e d f o r ef f i c i e n t w a t e r a p p l i c a t i o n . R a i n s e n s o r o v e r r i d e s w i t c h e s h a v e b e e n sp e c i f i e d t o l i m i t i r r i g a t i o n d u r i n g r a i n y s e a s o n . Ir r i g a t i o n S y s t e m D e s i g n ( R i p a r i a n V e g e t a t i o n E n h a n c e m e n t A r e a ) : Ri p a r i a n V e g e t a t i o n E n h a n c e m e n t A r e a t o r e c e i v e t e m p o r a r y d r i p ir r i g a t i o n t o e s t a b l i s h p l a n t m a t e r i a l s . Pl a n t i n g D e s i g n : Pl a n t m a t e r i a l s p r o p o s e d a r e s e l e c t e d f o r t h e i r c o m p a t i b i l i t y t o c l i m a t i c an d s i t e c o n d i t i o n s , r e s i s t a n c e t o w i n d , a n d d r o u g h t t o l e r a n c e . A l l pl a n t e r s s h a l l b e m u l c h e d w i t h a 2 ” m i n i m u m l a y e r o f o r g a n i c m u l c h th r o u g h o u t , t o r e t a i n s o i l m o i s t u r e a n d r e d u c e w i n d e r o s i o n . A v a r i e t y of d r o u g h t - t o l e r a n t o r n a m e n t a l p l a n t s h a v e b e e n s e l e c t e d f o r f l o w e r co l o r , f o l i a g e t e x t u r e a n d m a t u r e s i z e t o p r o v i d e a n a t t r a c t i v e v i s u a l ap p e a r a n c e . Wa t e r E f f i c i e n t L a n d s c a p e O r d i n a n c e S t a n d a r d s ( W E L O ) : Cr e e k e a s e m e n t l a n d s c a p e a r e a i s 3 , 6 0 0 s q u a r e f e e t t o t a l . D e v e l o p e r - in s t a l l e d l a n d s c a p e a r e a i s 1 0 , 0 1 8 s q u a r e f e e t t o t a l . T h e r e q u i r e m e n t s of t h e C i t y o f S a n L u i s O b i s p o W a t e r E f f i c i e n t L a n d s c a p e S t a n d a r d s (J a n u a r y 2 0 1 0 ) a r e a p p l i c a b l e a n d w i l l b e o b s e r v e d a s t h e t o t a l l a n d s c a p e ar e a e x c e e d s 2 , 5 0 0 s q u a r e f e e t . ( R e f e r t o S e c t i o n 1 7 . 8 7 . 0 2 0 A 1 . ) Si t e l i g h t i n g C o n c e p t S t a t e m e n t Lo w h e i g h t ( b o l l a r d ) l i g h t f i x t u r e s w i l l b e i n s t a l l e d a l o n g pe d e s t r i a n a n d p a r k i n g a r e a s ( l o w v o l t a g e w i t h L E D l a m p s ) an d s h i e l d e d t o d i r e c t l i g h t d o w n w a r d . Scale: 1" = 10'-0"05'10'10'North Si t e L a n d s c a p e A r e a P l a n Ri p a r i a n V e g e t a t i o n E n h a n c e m e n t A r e a La n d s c a p e P l a n Sc a l e : 1 " = 1 0 ' - 0 " 0 5 ' 1 0 ' 10 ' No r t h Ty p i c a l F r o n t & R e a r Y a r d La n d s c a p e P l a n Sc a l e : 1 " = 2 0 ' - 0 " 0 1 0 ' 2 0 ' 20 ' No r t h L o t 1 L o t 2 L o t 3 L o t 4 L o t 5 L o t 6 L o t 7 L o t 8 L o t 9 Attachment 3 PH1 - 27 Attachment 4 Project Setback Table Lot Number (model) Direction Roof Height (in feet) Above Av. Natural Grade Required Setback for height (in feet) Proposed Setback (in feet) Requested setback exceptions Lot 1 (model a ) North 27 11.5 5 Internal East 24-28 11.5 5 Internal Creek (Top of Bank) - 20 41 South 24 10 10 West (street yard) 24-28 20 20, with tandem parking Street Yard Parking Lot 2 (model c) North 28 12 28 East 23-28 12 15 South 23 10 5.5 Internal West (street yard) 23-28 20 14 Street Yard Lot 3 (model a) North 23-27 11.5 11.5 East 27 11.5 24 Creek (Top of Bank) - 20 10 Creek South 23-27 11.5 8 Internal West 23 10 5 Internal Lot 4 (model a) North 26 11 5 Internal East 22-26 11 7 Internal South 22 9 9 West 22-26 11 26 Creek (Top of Bank) - 20 18 Creek Lot 5 (model d) North 21-25 10.5 7.5 Internal East 21 9 10 South 21-25 10.5 8 External property line West 25 10.5 24 Lot 6 (model c) North 26 11 5.5 Internal East 22-26 11 10 External property line South 22 9 5 Internal West 22-26 11 3 Internal Lot 7 (model c) North 20 8.5 10 East 20-25 10.5 10.5 South 25 10.5 24 West 20-25 10.5 12 Lot 8 (model a) North 22-25 10.5 10 External property line East 25 10.5 5 Internal South 22-25 10.5 10.5 West 22 9 24 Lot 9 (model b) North 26 11 6 Internal East 22-26 11 3 Internal South 22 9 9 West 22-26 11 41 Creek (Top of Bank) - 20 10 Creek PH1 - 28 Attachment 5 PH1 - 29 Attachment 5 PH1 - 30 Attachment 5 PH1 - 31 Attachment 5 PH1 - 32 Attachment 5 PH1 - 33 Attachment 5 PH1 - 34 PLANNING COMMISSION AGENDA REPORT SUBJECT: Review of Vesting Tentative Tract Map 3057 for a nine (9) lot common-interest subdivision and a Use Permit to allow development on a site zoned Medium-Density Residential with the Special Considerations overlay (R-2-S). PROJECT ADDRESS: 3080 Rockview Place BY: Jaime Hill, PMC Contract Planner Marcus Carloni, Associate Planner Phone Number: 781-7176 E-mail: mcarloni@slocity.org FILE NUMBER: TR/A/ER 202-13 FROM: Doug Davidson, Deputy Director RECOMMENDATION: Recommend that the City Council approve Vesting Tentative Tract Map 3057 and Use Permit A 202-13, and adopt a Mitigated Negative Declaration of Environmental Impact (Attachment 5, Draft Resolution), based on findings, and subject to conditions. SITE DATA Applicant Covelop, Inc. Representative Damien Mavis Zoning R-2-S (Medium Density Residential, Special Considerations) General Plan Medium Density Residential Site Area 31,479 square feet (0.7227 ac) Application Complete Environmental Status February 7, 2014 Mitigated Negative Declaration was recommended by the Community Development Department on May 7 2014 (ER 202-14) SUMMARY On February 10, 2014, the City received applications for a vesting tentative tract map, use permit, architectural review, and environmental review to create a nine-unit common interest subdivision. The project includes construction of nine single-family homes on individual lots (including dedication of one unit as affordable to moderate-income households), a common driveway and landscaping, and a small bridge designed to provide access to six lots (Lots 4-9), which are across a drainage channel. Meeting Date: May 14, 2014 Item Number: 3 for D.D. PC3 - 1 Attachment 5 PH1 - 35 TR/A/ER 202-13 (3080 Rockview Place) Page 2 Following the review and approval by the Planning Commission and City Council of the use permit to allow development of a site with Special Considerations, Vesting Tentative Map (VTM) 3057, and Mitigated Negative Declaration, the project will be forwarded to the Architectural Review Commission (ARC). At that time the ARC will be asked to grant approval of the site plan and home designs and exceptions to development standards, including reductions in street yard , other yard, and creek setbacks, and a request to allow tandem parking in a street yard . The staff report discusses in some detail the range of development exceptions requested, but staff is recommending that the ARC take the final action on these exceptions since refinements to the design continue to be discussed with the applicant that might lessen or eliminate certain exceptions. 1.0 COMMISSION’S PURVIEW The project is VTM 3057 to create a residential common interest subdivision, and Use Permit A 202-13 to allow development on a site with the Special Considerations overlay zoning (R-2-S). The Planning Commission’s role is to review the project in terms of its consistency with the General Plan, Zoning, and Subdivisions Regulations, and make a recommendation to the Council on approval of the subdivision, use permit, and environmental review. Relevant excerpts and standards are included in the analysis where pertinent. 2.0 PROJECT INFORMATION 2.1 Site Information/Setting The overall project site consists of ruderal vacant land (primarily non-native annual grassland). At the center of the site is an unvegetated drainage channel, which is classified in the General Plan as “Perennial creek with degraded corridor, high encroachment, and difficulty in restoring”. The project site is located in an urbanized area of the City and is surrounded with multi-family zoned residential buildings and commercial uses to the southeast. The project is approximately 1.5 miles from the end of San Luis Obispo Airport Runway 29, which is within the boundary of Airport Land Use Plan (ALUP)1 Zone 6, but beyond Airport Noise Contours. 1 The ALUP allows for 12 front doors per acre. As measured to the center of the street right-of-way the site is 0.769ac / 12 unit/ac = 9.22 units, rounded down to 9 units. Site Size 31,479.29 sf (0.7227 ac) Present Use & Development Vacant ruderal land Topography Less than 15% slope Access Rockview Place Surrounding Use/Zoning North: Developed multi-family properties zoned R-2. South/Southeast: Multi-family development zoned R-2 and Crossroads commercial center zoned Service Commercial with Planned Development Overlay (C-S-PD). East: Residential development zoned Service-Commercial with Special Considerations Overlay. West: Developed multi-family properties zoned R-2. PC3 - 2 Attachment 5 PH1 - 36 TR/A/ER 202-13 (3080 Rockview Place) Page 3 2.2 Project Description The proposed project includes the following significant features: 1. Vesting Tentative Tract Map 3057 for a nine-lot common interest subdivision; 2. Eight detached two-bedroom single-family homes; 3. One designated moderate-income affordable unit – a three-bedroom single-family home on Lot 5 entitling the project to a density bonus and one concession/incentive;2 4. A small bridge designed to provide access to six lots (Parcels 4-9) which are across a drainage channel; 5. A common driveway and guest parking, decorative landscaping, and restorative plantings in the constructed creek bank areas along the drainage channel; 6. Requests to allow reduced creek, street yard, and other yard setbacks, and tandem parking in the street yard. The nine detached, single-family homes are all two-story with attached single-car garages. There are three different exterior building designs (A-D, with models B and D differing only internally), which provides for an aesthetically cohesive development without falling into monotony. Changes in massing, materials and accent colors, together with the use of quality natural materials, provide for distinctive compact home designs. Each home provides both ground level private yards and upper level balconies, private storage within the garage, and laundry facilities on the upper sleeping level. Dedication of one unit as affordable entitles the project to a 7.5% density bonus and one incentive/concession. The applicant has proposed to utilize these entitlements by adding an additional bedroom to the dedicated affordable unit, and requesting flexibility with regards to setbacks. As required of a new subdivision, the Planning Commission and City Council must approve allowance of setback reductions, details of which will be reviewed by the ARC. The proposed access bridge is approximately 18–feet in span and located at the western extent of Lot 6. The proposed grading and creek crossing remain similar to those approved with the previous version of the project. 3.0 PROJECT ANALYSIS The following discussion provides an evaluation of the project for consistency with applicable General Plan Policies and development standards. An earlier project at this site was approved in 2011, including a tentative parcel map creating four lots and a creek setback exception (A/MS/ER 34-11). However a final map was not recorded and the applicants have since revised the project. 2 Zoning Regulations Section 17.90.040G and .060A: 1 affordable unit / 8 market rate units = 12.5% of the project restricted, yielding a 7.5% density bonus. With greater than 10% of the total units restricted for families of moderate income the developer is entitled to one incentive or concession. PC3 - 3 Attachment 5 PH1 - 37 TR/A/ER 202-13 (3080 Rockview Place) Page 4 3.1 General Plan Consistency The site is designated as “Medium Density Residential” on the General Plan Land Use Element (LUE) map and the site is currently undeveloped. The General Plan anticipates compact residential development on small lots, with some private outdoor space for each dwelling. General Plan conformity is essential in reviewing all development applications. The City must make a finding that a tentative map is or is not consistent with the General Plan. Based on staff’s detailed review, the development proposal can be found consistent with numerous General Plan policies. Those policies are listed below in order of importance to the project in bold print and staff’s analysis follows in italics. 1. General Plan Land Use Element (LUE) Policy 2.2.11 (Site Constraints) states: “Residential development shall respect site constraints such as property size and shape, ground slope, access, creeks and wetlands, wildlife habitats, native vegetation, and significant trees”. 2. General Plan LUE Policy 2.2.8 (Natural Features) states: “Residential developments should preserve and incorporate as amenities natural site features, such as land forms, views, creeks, wetlands, wildlife habitats, and plants”. Staff Analysis: The project is consistent with these policies, and is considered to be an “acceptable” design according to Figure 8 of the COSE because the project, as proposed, adequately respects existing constraints, preserves, and incorporates natural site features as amenities, and enhances the degraded creek corridor. The project includes restoring the existing drainage swale into a creek corridor, with a re-contoured slope bank and native plant palette. The restoration plan was designed in conjunction with the City’s Natural Resource Manager, who determined that the newly- engineered 3:1 slope bank, together with a reduced creek setback for development, was environmentally preferable to the alternative, which includes a more space-economical 2:1 slope with a standard 20-foot development setback. The more moderate 3:1 slope grade is less susceptible to erosion and provides for greater site access for future maintenance. Additionally, because of the current degraded state of the channel, there is no native vegetation that would be affected with some creek setback encroachment. The City’s Natural Resource Manager has recommended that at least a 10-foot setback from the new top of bank should be maintained. The final site development plan, including building footprints and creek setbacks, will be reviewed by the ARC. 3. General Plan LUE Policy 2.2.6 (Neighborhood Pattern) states: “All residential development should be integrated with existing neighborhoods. Where physical features make this impossible, the new development should create new neighborhoods.” PC3 - 4 Attachment 5 PH1 - 38 TR/A/ER 202-13 (3080 Rockview Place) Page 5 Staff Analysis: This section of Rockview Place has been developed with a mixture of single family homes and small condominium and common-interest subdivisions, including either small-lot detached or attached units. Consistent with other similar developments, units fronting Rockview Place would address the street, while units at the interior of the site would address one another. Their consistent architectural style, color palate and landscape provides for a cohesive visual setting while adding to the neighborhood’s visual setting. 4. General Plan HE Policy 4.2 (Mixed-Income Housing) states: “Include both market-rate and affordable units in apartment and residential condominium projects and intermix types of units. Affordable units should be comparable in appearance and basic quality to market-rate units.” 5. General Plan HE Program (6.14 (Housing Production) states: “Encourage residential development through infill development and densification within City Limits and in designated expansion areas over new annexation of land.” Staff Analysis: The project is consistent with these policies, restricting one of the nine units as affordable to moderate-income households. The restricted unit, Lot 5/model d, is comparable in appearance and basic quality to other units, and also includes a third bedroom. Consistent with State Law and City policy, the applicant has utilized the allowable density bonus to increase the bedroom count of the affordable unit (as described in section 2.2 above). Given the unusual site configuration and significant portion of the site dedicated to the restored creek channel, the project relies on reduced setbacks to utilize all of the available density, and to provide for an affordable on-site unit. The requested setback flexibility is appropriate as the one concession/incentive that the project is entitled to under City Affordable Housing provisions (Zoning Regulations Section 17.90.040G and .060A). 3.2 Consistency with Property Development Standards 3.2.1 Development Standards. Common interest subdivisions provide for ownership of separate units as well as interest in commonly owned areas that are managed and maintained via a joint maintenance agreement. Within common interest subdivisions property development standards 3 including, but not limited to, density, yards, and coverage, apply with respect to both exterior property limits and within each new lot. In addition to property development standards, each unit must also comply with development standards specific to common interest subdivisions 4. Each of the proposed lots is approximately 3,500 square feet in area, with an average cross slope of less than 15%. The shapes of lots vary, as the property line layout was designed to accommodate the allowable residential density and affordable housing, as well as restoration of the degraded seasonal creek channel. To achieve the allowable density on this site the project requires the Council make findings in support of approval of setback reductions to 3 Zoning Regulations Chapter 17.16 (Property Development Standards) 4 Subdivision Regulations 16.17.030B-H: Property Improvement Standards for Common Interest Subdivisions PC3 - 5 Attachment 5 PH1 - 39 TR/A/ER 202-13 (3080 Rockview Place) Page 6 both internal and external property lines and the restored creek corridor. While the majority of these reductions are for internal setbacks, several could potentially impact adjacent neighbors. Staff is continuing to work with the applicant on refinements which would reduce these impacts, such as reversing the unit footprint on Lot 1 to reduce the height along the side yard, and utilizing model a in lieu of model b on Lot 9 to eliminate the need for a creek setback reduction at this location. Subdivision Regulation Chapter 16.17.110 B requires that the Council make certain findings to allow exceptions to property improvement standards for new common interest subdivisions. A table comparing setback standards and those proposed is provided as Attachment 3. Ordinance standards and project statistics are provided in Table 3.2, below. Staff has recommended findings supporting flexibility in these standards, and allowing the ARC to evaluate these property development exceptions with other aspects of the development plan (e.g. street yard, side yard and creek setbacks, and tandem parking). Table 3.2 Project Statistics Statistics Item Ordinance Standard A Proposed B Street Yards 20 feet 14 or 20 feet Other Yards 5 – 13 feet Varies Max. Height of Structure(s) 35 feet 26-30 feet Density 10 density units 5 10 density units6 Building Coverage (footprint) 50% ~ 25% Private Open Space 250 sf per unit Varies > 250 sf Common Open Space 150 sf per unit (1,350 sf) 4,618 sf within creek corridor Total Open Space 400 sf per unit (3,600 sf) ~ 7,000 sf Parking Spaces (for residents) 2 per home 2 per home Parking Spaces (for guests) Cars Motorcycle Bicycle 2 car 1 motorcycle 1 short-term rack 2 car 1 motorcycle 1 bicycle rack Landscaping n/a Private, Common & Riparian Grading n/a 1,500 CY Fill Notes: A. City Zoning and Subdivision Regulations B. Applicant’s project plans submitted [February 2014] 5 Total Site Area = 0.7227 ac Creek Area = 0.0239 ac Net Site Area = 0.6988 ac Allowed Density = 0.6988 ac * 12 units/ac = 8.39 units Density bonus with 1/8 (12.5%) of units restricted = 7.5% density bonus (plus one incentive/concession) = 9.02, (allowed to round up to next whole number per Section 17.90.040B) to 10.0 density units. Minimum parcel size = [43,560 sf/ac ]/ [12 units/ac (1.075) ] = 3,376.7 sf 6 Proposed 8 market rate units and 1 designated moderate unit: 8.39 units x 1.075 = 9.02 du = 10 Density Units Proposed 9.5 Density Units (eight 2-bedroom homes and one 3-bedroom home) PC3 - 6 Attachment 5 PH1 - 40 TR/A/ER 202-13 (3080 Rockview Place) Page 7 3.2.2 Density. Nine on Rockview is located on a narrow, L-shaped lot that is split perpendicularly by a degraded creek corridor. The nine detached, single-family homes would be on individual parcels created as part of a common interest subdivision. Lots range in size from 3,430 sf to 3,582 sf, in excess of the 3,376.7 sf minimum required for a two-bedroom home. As mentioned in the Project Description (Section 2.2), the home on Lot 5 would be restricted for moderate income families, entitling the project to a density bonus and one concession/incentive. The applicant has requested to apply the density bonus to the affordable unit, increasing it to three bedrooms. The requested concession takes the form of flexibility in setback standards, which will be reviewed by the ARC following Council approval of other entitlements. The shapes of lots vary, as the property line layout was designed to accommodate the allowable residential density and affordable housing, as well as restoration of the degraded seasonal creek channel. 3.2.3 Open Space. Internal property lines and the fences that delineate individual private yard spaces do not necessarily correspond, as fences are located to maximize the useable portion of each lots yard area, while minimizing view conflicts and privacy issues. Property and fence lines are shown on page A-1 of Attachment 2 (Project Plans). Each unit exceeds the Subdivision Regulations minimum 250-square feet of qualifying private open space by providing ground level yard space for each unit. Passive common open space is provided within the restored creek corridor far in excess of the 1,350 sf required. Similarly, total open space exceeds the 3,600 sf required (see table 3.2 below). 3.2.4 Access and Parking. Eight of the homes will take access via a common driveway at the north extent of the site, while the home at the south-west corner of the property will front Rockview Place directly. A small bridge across the creek channel would provide access to Lots 4-9. The bridge is approximately 18–feet in span and located at the western extent of Lot 6. The crossing is proposed to be bridged with either a wood structure or a con-span open bottom arch. Both potential options require a concrete foundation wall at each end of the span to transfer loads from the structure to the ground. Vehicle parking for each unit includes both one space within an attached garage and one uncovered space immediately adjacent to the home. The uncovered parking space for Lot 1 has been proposed to be in tandem within the required street yard. Garages are sized such that they can also provide enclosed, secure bicycle storage. Guest Parking for two vehicles, one motorcycle, and bicycles is provided on lot 3, adjacent to the creek, and parallel to the home on lot 9. 3.3 Environmental Review On May 7, 2014, the Community Development Director recommended a Mitigated Negative Declaration of Environmental Impact (Attachment 4). The Initial Study identifies potentially significant impacts associated with air quality, and biological and cultural resources, and provides recommendations for mitigation measures that if incorporated into the project would reduce the potential impacts to below the threshold of significance. These mitigation measures PC3 - 7 Attachment 5 PH1 - 41 TR/A/ER 202-13 (3080 Rockview Place) Page 8 will affect the development phase of the project, including provisions for ensuring that natural and cultural resources (should they be discovered) are adequately protected. With the incorporation of the recommended mitigation measures the potential impacts to the environment will be reduced below a level of significance. 4.0 Conclusion Considerable effort has been made by the applicant to design a project that is consistent with the General Plan and applicable property development standards. The type and density of development has been planned to suit the physical character of the neighborhood and site, and improve the condition of the creek corridor. With the incorporation of conditions of approval and mitigation measures included in the Mitigated Negative Declaration, the design of the subdivision and proposed improvements would enhance creek resources and provide quality housing in an area anticipated by the General Plan for development. For these reasons, staff recommends the Planning Commission adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration, Use Permit A 202-13, and VTM 3057. Final design of the homes, including requested setbacks and tandem parking, will be reviewed by the ARC following Council approval. Development-specific conditions of approval will be imposed at that time, as the project could occur without recordation of a final map as rental units. ALTERNATIVES 1. The Commission may provide direction to the applicant, staff or Architectural Review Commission on modifications that should be made to the project design for better consistency with General Plan policies, Design Guidelines, and property development standards. 2. The Commission may recommend that the City Council deny the use permit and vesting tentative tract map, based on findings of inconsistency with the General Plan. ATTACHMENTS 1. Vicinity map 2. Reduced copy of project plans 3. Table identifying building setbacks 4. Negative Declaration of Environmental Impact, recommended on May 7, 2014 5. Draft Resolution Enclosed: Full-size project plans PC3 - 8 Attachment 5 PH1 - 42 Attachment 6 PH1 - 43 Attachment 6 PH1 - 44 Attachment 6 PH1 - 45 Attachment 6 PH1 - 46 Attachment 6 PH1 - 47 Attachment 6 PH1 - 48 Attachment 6 PH1 - 49 Attachment 6 PH1 - 50 Attachment 6 PH1 - 51 Attachment 6 PH1 - 52 Attachment 6 PH1 - 53 PLANNING COMMISSION AGENDA REPORT SUBJECT: Review of revised plans for a Vesting Tentative Tract Map 3057 for a nine (9) lot common-interest subdivision with exceptions to yard standards and a Use Permit to allow development on a site zoned Medium-Density Residential with the Special Considerations overlay (R-2-S). The project includes the dedication of one affordable housing unit to families qualifying as “moderate income”. PROJECT ADDRESS: 3080 Rockview Place BY: Jaime Hill, PMC Contract Planner Marcus Carloni, Associate Planner Phone Number: 781-7176 E-mail: mcarloni@slocity.org DD FILE NUMBER: TR/A/ER 202-13 FROM: Doug Davidson, Deputy Director RECOMMENDATION: Recommend that the City Council approve Vesting Tentative Tract Map 3057 and Use Permit A 202-13, and adopt a Mitigated Negative Declaration of Environmental Impact (Attachment 8, Draft Resolution), based on findings, and subject to conditions. SITE DATA Applicant Covelop, Inc. Representative Damien Mavis Zoning R-2-S (Medium Density Residential, Special Considerations) General Plan Medium Density Residential Site Area 31,479 square feet (0.7227 ac) Application Complete Environmental Status February 7, 2014 A Mitigated Negative Declaration was recommended by the Community Development Department on May 7 2014 (ER 202- 14) SUMMARY On May 14, 2014, the Planning Commission reviewed an application for a vesting tentative tract map, use permit, and environmental review to create a nine-unit common interest subdivision, and continued the project to allow the applicant to address specific concerns. The applicant has Meeting Date: August 27, 2014 Item Number: 1 Attachment 6 PH1 - 54 since revised the proposal and provided the additional requested information. Previously staff had recommended that the ARC take the final action on requested exceptions to development standards, including reductions in street yard, other yard, and creek setbacks, and a request to allow tandem parking in a street yard. Because of the interest shown by Planning Commission on the specific layout of property lines, and the effect their realignment has on building setbacks, staff is now recommending that all setback reductions and the request for tandem parking be reviewed as part of the subdivision map, and acted upon by the Planning Commission. This staff report focuses on evaluation of the revisions made subsequent to the Commissions’ earlier review. For the complete project analysis please see the May 14, 2014 staff report; Attachment 3. Following the review and approval by the Planning Commission and City Council of the use permit to allow development of a site with Special Considerations, Vesting Tentative Map (VTM) 3057) with exceptions to property development standards, and Mitigated Negative Declaration, the project will be forwarded to the Architectural Review Commission (ARC). At that time the ARC will be asked to take the site plan into account, but focus on the home designs. 1.0 COMMISSION’S PURVIEW The project is VTM 3057 to create a residential common interest subdivision, and Use Permit A 202-13 to allow development on a site with the Special Considerations overlay zoning (R-2-S). The Planning Commission’s role is to review the project in terms of its consistency with the General Plan, Zoning, and Subdivisions Regulations, and make a recommendation to the Council on approval of the subdivision, use permit, and environmental review. Relevant excerpts and standards are included in the analysis where pertinent. 2.0 PROJECT ANALYSIS The following discussion provides an evaluation of revisions to the project following earlier review and for consistency with previous Commission direction. For the complete project description and evaluation for consistency with the General Plan and property development standards, please see the May 2014, 2014 staff report (Attachment 3). The applicants’ resubmittal letter detailing the revisions proposed is included as Attachment 4. 2.1 Planning Commission Direction 1. Simplify the pattern of lot lines to reduce instances where fence lines and property lines differ, and reduce the need for excessive private use easements. Applicant Response and Staff Analysis: Lot shapes and sizes have been adjusted to simplify the internal property lines and reduce the number of private use easements, while maintaining compliance with the minimum allowable lot sizes 1. Where previously 1 Lot sizes range from 3,392 square feet (lot 4) to 9,958 square feet (lot 2); for the density proposed, the minimum area required per lot is 3,376 square feet. Attachment 6 PH1 - 55 fences and property lines differed in many places, private yards and parking spaces are now wholly on the lots they serve. A single common driveway, open space, utility and maintenance easement incorporates all access ways, shared parking, and other site features, such as the creek corridor, trash enclosure and bike parking (see Attachment 2, project plans page C-1). Although the placement and separation between homes is largely unchanged in the revised submittal, restructuring the property lines has affected the internal setbacks. As shown on Table 2.1, internal setbacks to property lines are reduced in several locations. In two locations internal setbacks are less than the 5-foot minimum; in both these instances the reductions are adjacent to the private driveway, which guarantees that minimum separations required by building code will be maintained. In all cases the required minimum setback between buildings of 10feet is retained. The only change to an external setback is on the south side of Lot 1, discussed in item 4, below. The Zoning Regulations Section 17.16.020E2c allows the entity approving a subdivision map to approve exceptions to other yard standards, provided at least 10feet separation between buildings and an acceptable level of solar exposure is maintained. Staff supports approval of these exceptions, as it will facilitate the development of affordable housing on-site, fulfilling the applicants entitlement to one development incentive/concession 2. Table 2.1: Setback Table Lot Number (model) Direction Roof Height (in feet) Above Av. Natural Grade Required Setback for height (in feet) Proposed Setback2 (in feet) Exceptions to the setback requirements requested for multiple external and internal setbacks Lot 1 (model a ) North 27 11.5 5 Internal East 24-28 11.5 5 Internal Creek (Top of Bank) - 20 41 South 24 10 10 West (street yard) 24-28 20 20, with tandem parking Street Yard Parking Lot 2 (model c) North 28 12 28 East 23-28 12 15 South 23 10 5.5 Internal West (street yard) 23-28 20 14 Street Yard Lot 3 (model a) North 23-27 11.5 11.5 East 27 11.5 24 Creek (Top of Bank) - 20 10 Creek South 23-27 11.5 8 Internal West 23 10 5 Internal Lot 4 North 26 11 5 Internal 2 Zoning Regulations Section 17.90.040G and .060A: 1 affordable unit / 8 market rate units = 12.5% of the project restricted, yielding a 7.5% density bonus. With greater than 10% of the total units restricted for families of moderate income the developer is entitled to one incentive or concession. Attachment 6 PH1 - 56 (model a) East 22-26 11 7 Internal South 22 9 9 West 22-26 11 26 Creek (Top of Bank) - 20 18 Creek Lot 5 (model d) North 21-25 10.5 7.5 Internal East 21 9 10 South 21-25 10.5 8 External property line West 25 10.5 24 Lot 6 (model c) North 26 11 5.5 Internal East 22-26 11 10 External property line South 22 9 5 Internal West 22-26 11 3 Internal Lot 7 (model c) North 20 8.5 10 East 20-25 10.5 10.5 South 25 10.5 24 West 20-25 10.5 12 Lot 8 (model a) North 22-25 10.5 10 External property line East 25 10.5 5 Internal South 22-25 10.5 10.5 West 22 9 24 Lot 9 (model b) North 26 11 6 Internal East 22-26 11 3 Internal South 22 9 9 West 22-26 11 41 Creek (Top of Bank) - 20 10 Creek 2. Explore providing public access at the eastern corner of the site to the Crossroads Center. Applicant Response and Staff Analysis: At the direction of the Planning Commission, the applicant evaluated the potential for pedestrian access to the neighboring Crossroads Commercial Center, which share about 10feet of property along their rear property lines (see Attachment 5, Pedestrian Access Exhibit and email correspondence). Four main issues led to the determination that such a connection was not practical: • Pedestrian access would cross an existing drainage swale and easement from the neighboring property which would require renegotiation and reengineering. • The existing drainage swale at the location of potential connection contributes to a 3-5-foot elevation change from the project site to the Crossroads parking lot. • If access easements were granted by Crossroads, the access to the front of the development would also need to meet ADA accessibility standards, which it does not currently. The only feasible location for ADA access improvements would necessitate additional engineering, demolition and construction, and would encroach on the parking space back up distances to the extent that required parking would be eliminated. Attachment 6 PH1 - 57 • Both the developer and the owner of the Crossroads Commercial Center agree that encouraging pedestrian traffic through an unattended, rear parking lot has the potential to invite vagrancy. Staff agrees that connections between residential and commercial facilities should be forged where the topography and existing physical improvements are conducive. However, given the existing design of the Crossroads Development and the potential impacts associated with providing a public access path adjacent to a private yard (Lot 5, the moderate-income family unit), in this instance such a connection appears to be impracticable. 3. Submit a sample Joint Maintenance Agreement (JMA), including method for ongoing creek maintenance. Staff Analysis: The Planning Commission expressed concern as to how ongoing maintenance of common facilities, including the creek corridor, would be controlled in absence of a formal Home Owners Association (HOA). To address this concern the applicant has submitted an exhibit that identifies several Common Interest Subdivisions of similar scale within the City and copies of their City-approved JMAs (see Attachment 6). Although none of these other subdivisions include creek corridors, maintenance would occur here like in any other commonly held facility. Reading of these JMAs confirms that the CCR’s and home buyers responsibilities will be the same under a JMA as under an HOA, only without need for professional management and the higher costs this entails. Given the small number of homes, the ongoing monthly costs for an HOA can be a substantial burden and negatively impact the ongoing affordability of the units. 4. Modify the home on Lot 1 to provide required South side yard setback. Staff Analysis: The home has been mirrored to reverse the home on the site and reduce the height along the property line, which coincides with a reduced setback requirement, and shifted north so that it now conforms to setback standards for this exterior property line. Additional minor adjustments have been made throughout to simplify the property lines while meeting lot size minimums and building code requirements. As noted in discussion item 1, above, multiply setback reductions have been requested as part of the subdivision, but in all cases a minimum separation of 10-feet is maintained. 2.2 Additional Refinements and Information 1. 10-Foot Creek Corridor Maintained. As discussed in the May 14th staff report, the restoration plan was designed in conjunction with the City’s Natural Resource Manager, who determined that the newly engineered 3:1 slope bank, together with a reduced creek setback for development, was environmentally preferable to the alternative, which includes a more space-economical 2:1 slope with a standard 20-foot development setback. To maintain the 10-foot creek setback recommended by the Natural Resources Manager the home on Lot 9 was shifted north and east. Previous plans identified a creek Attachment 6 PH1 - 58 setback of down to 7-feet at this location. 2. Adjusted guest parking layout. To accommodate the changes made to the home on Lot 9, the guest parking space that was previously shown as parallel to the east side of this home has been rotated, to be a standard stall to the south of the home. 3. Green Building Checklist Update. The applicant revisited the Green Building Checklist and found additional features to include which would bring the Total Targeted Points to 104 from 87; an increase of nearly 20% and more than double the minimum. These include some additional landscape measures such as resource efficient landscapes, minimization of turf, and installation of high-efficiency irrigation systems (see Attachment 7, revised Green Building Checklist). 4. Finance discussion contrasting Common Interest Subdivisions with Condominiums. Incited by the complexity of property lines and number of setback variations necessary for this project, there was some discussion by the Planning Commission on whether an attached condominium product would yield a better housing product than would a Common Interest Subdivision. In their cover letter, the applicant provides an assessment of the total cost differences to homeowners that result from the different subdivision approaches in consideration of the financing opportunities and HOA fees that the buyers of the homes will face (Attachment 4). According to the information provided, ongoing expenses and the ability to obtain low-cost financing would both be negatively impacted by development as a condominium based on structural requirements outside the developer or City’s control. 3.0 Environmental Review On May 7, 2014, the Community Development Director recommended a Mitigated Negative Declaration of Environmental Impact (Attachment 8). The Initial Study identifies potentially significant impacts associated with air quality, and biological and cultural resources, and provides recommendations for mitigation measures that if incorporated into the project would reduce the potential impacts to below the threshold of significance. These mitigation measures will affect the development phase of the project, including provisions for ensuring that natural and cultural resources (should they be discovered) are adequately protected. Revisions to the project since the publication of the document have been evaluated and determined not to have created any new impacts not previously discussed. With the incorporation of the recommended mitigation measures the potential impacts to the environment will be reduced below a level of significance. 4.0 Conclusion Considerable effort has been made by the applicant to comply with the direction provided by the Planning Commission, and design a project that will provide affordable detached homes in the City of San Luis Obispo. The type and density of development has been planned to suit the physical character of the neighborhood and site, and improve the condition of the creek corridor. With the incorporation of conditions of approval and mitigation measures included in the Attachment 6 PH1 - 59 Mitigated Negative Declaration, the design of the subdivision and proposed improvements would enhance creek resources and provide quality housing in an area anticipated by the General Plan for development. For these reasons, staff recommends the Planning Commission adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration, Use Permit A 202-13, and VTM 3057. Final design of the homes will be reviewed by the ARC following Council approval. Development-specific conditions of approval will be imposed at that time, as the project could be constructed as rental units without recordation of a final map. ALTERNATIVES 1. The Commission may provide direction to the applicant, staff or Architectural Review Commission on modifications that should be made to the project design for better consistency with General Plan policies, Design Guidelines, and property development standards. 2. The Commission may recommend that the City Council deny the use permit and vesting tentative tract map, based on findings of inconsistency with the General Plan. ATTACHMENTS 1. Vicinity map 2. Reduced copy of project plans 3. May 14, 2014 Planning Commission Staff Report 4. CoVelop response to Planning Commission Comments, June 24, 2014 5. Pedestrian Access Exhibit and email correspondence between CoVelop and Cross Roads Center, June 25, 2014 6. Common Interest Subdivision Exhibits and Joint Maintenance Agreements 7. Revised Green Building Checklist 8. Negative Declaration of Environmental Impact, recommended on May 7, 2014 9. Draft Resolution Attachment 6 PH1 - 60 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER # 202-13 1. Project Title: Nine on Rockview 9 Lot Common Interest Subdivision, Vesting Tentative Tract Map, with creek and yard setback exception requests, on a site with Special Considerations; City File A/ARC/TR/ER 202-13. 2. Lead Agency Name and Address: City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Marcus Carloni, Associate Planner 805-781-7176 4. Project Location: 3080 Rockview Place (APN 004-583-048/049) 5. Project Sponsor’s Name and Address: Covelop, Inc. c/o Damien Mavis (Project Representative) P.O. Box 12910 San Luis Obispo, CA 93406 6. General Plan Designation: Medium Density Residential 7. Zoning: Medium-Density Residential with Special Considerations Overlay (R-2-S) Attachment 7 PH1 - 61 2 8. Description of the Project: The project proposes the following: 1. Nine lot Common Interest Subdivision 2. Construction of nine detached single-family homes (approximately 1,700 square feet each), including one unit affordable to moderate-income households, and relying on a 7.5% density bonus and exception to allow reduced setbacks. a. One 3-bedroom residence (the designated affordable unit) b. Eight 2-bedroom residences 3. Creek setback reductions to allow a small bridge providing access to Lots 4-9 and both structures and uncovered parking on lots 3, 4, 8 and 9. 4. Street and Other yard setback reductions to allow reduced setbacks at both internal and external property lines on lots. 5. Tandem parking within the street yard on Lot 2 6. Complete road improvements along Rockview Place. The proposed project includes a nine-lot Common Interest Subdivision, construction of a single- family home on each new lot, and a small bridge designed to provide access to six lots (Parcels 4-9) which are across a drainage channel. The project also includes restorative plantings along constructed creek bank areas along the drainage channel, which is classified in the General Plan as “Perennial creek with degraded corridor, high encroachment, and difficulty in restoring”. Access to eight of the nine parcels is proposed via a common driveway from Rockview Place (Lot 1 would take access directly from Rockview Place). The bridge is approximately 18–feet in span and located at the western extent of Lot 6. The crossing is proposed to be bridged with either a wood structure or a con-span open bottom arch. Both potential options require a concrete foundation wall at each end of the span to transfer loads from the structure to the ground. Numerous yard setback reductions have been requested, for internal and external property lines given the height of the structures, and along the restored creek. The applicant has provided a winter solstice shading plan (Attachment 2: project plans, page A7), demonstrating the additional shading that would affect properties to the north and east. A 20-foot Creek setback is required unless some lesser setback is approved through the Use Permit process. Together with the uncovered parking and trash enclosures, which are allowable accessory features per Section 17.16.25G2 and 3 of the Zoning Code, the requested encroachment for the homes account for less than 21% of the creek setback area, below the 50% maximum allowed by Zoning Regulations Section 17.16.025G2. These setback reductions will be subject to the review and approval of the Architectural Review Commission. Internal property lines were established to comply with City density standards. But in order to provide more functional outdoor spaces the project relies on an alternative fencing plan and easements, which allow each residence to have more useable spaces. All buildings would maintain a minimum separation of 9-feet. Attachment 7 PH1 - 62 3 The following table identifies yard requirements, proposed setbacks, and functional setback where easements/fencing plan differ from property lines. Lot Number (model) Direction Roof Height (in feet) Required Setback (in feet) Proposed Setback (in feet) Functional Setback (in feet) Lot 1 (model a) North 23.5 10 5 4 East 23.5-28.5 12.5 38 13-35 South* 28.5 12.5 6 6 West (street yard)* 23.5-28.5 20 20, tandem parking 20, tandem parking Lot 2 (model c) North* 28.5 12.5 32 5-12 East 23.5-28.5 12.5 12 13 South 23.5 10 5 6 West(street yard)* 23.5-28.5 20 14 14 Lot 3 (model a) North* 22.5-27.5 12 27 4 East 27.5 12 13 2-12 South 22.5-27.5 12 6 3-8 West 22.5 10 16 1-10 Creek (east) 27.5 20 11 n/a Lot 4 (model a) North 22 9 5 3 East 22-27 11.5 5 9 South* 27 11.5 10 10 West 22-27 11.5 60 10 Creek (west) 22-27 20 14 n/a Lot 5 (model d) North 21.5-26.5 11.5 9 5 East* 26.5 11.5 10 10 South* 21.5-26.5 11.5 9 9 West 21.5 9 30 8 Lot 6 (model c) North 27.5 12 4 8 East* 22.5-27.5 12 10 10 South 22.5 10 4 8 West 22.5-27.5 12 21 8 Lot 7 (model c) North* 21 9 10 10 East* 21-26 11 10 10 South 26 11 25 5 West 21-26 11 12 12 Lot 8 (model a) North* 20-25 10.5 10 5 East 25 10.5 5 5 South 20-25 10.5 16 8 West* 20 8.5 24 4 Creek (west) 20 20 14 n/a Lot 9 (model a) North 27 11.5 4 5-11 East 22-27 11.5 5 6 South 22 9 8 10 West 22-27 11.5 50 9 Creek (west) 22-27 20 7 n/a Notes: * External Setback Bold Text Indicates Reduced Yard Setback Attachment 7 PH1 - 63 4 9. Surrounding Land Uses and Settings: The overall project site consists of 31,479 square feet (0.7227 acres) of ruderal vacant land (primarily non-native annual grassland) zoned R-2-S (Medium-Density Residential Special Considerations Overlay). The project site is located in an urbanized area of the City and is surrounded with multi-family zoned residential buildings and commercial uses to the southeast. Existing uses surrounding the site area are as follows: West: Developed multi-family properties zoned R-2. North: Developed multi-family properties zoned R-2. East: Residential development zoned Service-Commercial with Special Considerations Overlay. South/Southeast: Multi-family development zoned R-2 and Crossroads commercial center zoned Service Commercial with Planned Development Overlay (C-S-PD). See Attachment 1, Vicinity Map. In 2011 a tentative parcel map creating four lots and a creek setback exception were approved (A/MS/ER 34-11). A final map was not recorded and those approvals have since expired. 10. Project Entitlements Requested: Use Permit: Use Permit approval is required to allow development of a site with Special Considerations, reduced side and street yard setbacks, reduced creek setbacks for the bridge structure, residences and unenclosed parking, and tandem parking within a street yard. Architectural Review: Architectural Review Commission (ARC) approval is required for the site layout and home designs. The ARC will also take action on the requested setback reductions and tandem parking. Tentative Tract Map: Tentative Tract Map approval will be required for the proposed nine lot common interest subdivision. The vesting tentative tract map will require a Planning Commission review and City Council approval. The Council will also take action on allowing development of a site with Special Considerations at this time. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): Air Pollution Control District – grading permits Attachment 7 PH1 - 64 5 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population / Housing Agriculture Resources Hazards & Hazardous Materials Public Services X Air Quality Hydrology / Water Quality Recreation X Biological Resources Land Use / Planning Transportation / Traffic X Cultural Resources Mineral Resources Utilities / Service Systems Geology / Soils Noise Mandatory Findings of Significance FISH AND GAME FEES The Department of Fish and Wildlife has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat (see attached determination). X The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment. STATE CLEARINGHOUSE X This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). Attachment 7 PH1 - 65 6 DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date For: Derek Johnson Pam Ricci, AICP, Senior Planner Community Development Director Attachment 7 PH1 - 66 7 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance Attachment 7 PH1 - 67 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 8 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1, 5 --X-- b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? 5, 11 --X-- c) Substantially degrade the existing visual character or quality of the site and its surroundings? 1,11 --X-- d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 29 --X-- Evaluation a) The proposed project is in an urbanized section of the City and will not have adverse effects on a scenic vista. b, c) The proposed project will not damage or alter any scenic resources that are visible from a local or state scenic highway. Visual resources in the vicinity of the site include views of the South Hills (open space). The applicant proposes development of single-family residences with maximum peak heights that are well below the maximum allowed (35-feet). The proposed project is consistent with the scale of neighboring development and will not obstruct views of the South Hills. Additionally, the project will be reviewed by the Architectural Review Commission for consistency with the Community Design Guidelines. d) The project is located in an already urbanized area with light sources from neighboring residential uses, and light from vehicular circulation along neighboring streets. The proposed project will not create a new source of substantial light or glare or affect nighttime views in the area. The project will be required to conform to the Night Sky Preservation Ordinance (Zoning Regulations Chapter 17.23) which sets operational standards and requirements for lighting installations. Conclusion: Less than significant impact 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 14 --X-- b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 10 --X-- c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 12 --X-- Evaluation a) b) c) The project site is not located on farmland nor is it designated for agricultural uses in the General Plan. The project site is surrounded by developed properties and public streets. The Farmland Mapping and Monitoring Program of the California Resources Agency designate this property as Urban and Built-Up Land. There is no Williamson Act contract in effect on the project site. Redevelopment of the site will not contribute to conversion of farmland. No impacts to existing on site or off site agricultural resources are anticipated with development of the project site. Conclusion: No Impact 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 9, 16 --X-- b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? --X-- c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an --X-- Attachment 7 PH1 - 68 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 9 applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? --X-- e) Create objectionable odors affecting a substantial number of people? --X-- Evaluation a), b), c), d) The Clean Air Plan (CAP) for San Luis Obispo County was developed and adopted by the Air Pollution Control District (APCD) and is a comprehensive planning document designed to reduce emissions from traditional industrial and commercial sources, as well as from motor vehicle use. Conservation and Open Space Element Policy 2.3.2 states that the City will help the APCD implement the CAP. Assessment of potential air quality impacts that may result from the proposed project was conducted using the April 2012, CEQA Air Quality Handbook. The CEQA Air Quality Handbook is provided by the County of San Luis Obispo Air Pollution Control District for the purpose of assisting lead agencies in assessing the potential air quality impacts from residential, commercial and industrial development. Under CEQA, the SLO County APCD is a responsible agency for reviewing and commenting on projects that have the potential to cause adverse impacts to air quality. Operational Screening Criteria for Project Impacts: Based on reference of Table 1-1 of the CEQA Air Quality Handbook, both thresholds of significance for the APCD Annual Bright Line threshold (MT CO2e) and reactive organic gases (ROG) and oxides of nitrogen (NO x ) would not be exceeded by the proposed project. The project is well below operational thresholds of significance. Construction Significance Criteria: Temporary impacts from the project, including but not limited to excavation and construction activities, vehicle emissions from heavy duty equipment and naturally occurring asbestos, has the potential to create dust and emissions that exceed air quality standards for temporary and intermediate periods. However, the following dust control measures are recommended to augment existing City regulations and reduce any potential impacts. Mitigation Measure 1: 1. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development and Public Works Departments prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds over 25 m.p.h. Reclaimed (non-potable) water is to be used in all construction and dust-control work. c. Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. f. Scheduling of construction truck trips during non-peak hours to reduce peak hour emissions. g. If determined to be needed, periodic washdowns or mechanical streetsweeping of streets in the vicinity of the construction site shall be done. Attachment 7 PH1 - 69 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 10 e) The project includes the development of nine single-family residences, as anticipated in the Medium-Density Residential zone, and therefore would not include any potential land uses which would have the potential to produce objectionable odors in the area. Conclusion: With recommended construction mitigation measures, the project will have a less than significant impact on air quality. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 5,10, 11 --X-- b) Have a substantial adverse effect, on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? --X-- c) Have a substantial adverse effect on federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? --X-- d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? --X-- e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? --X-- f) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? --X-- Evaluation (a-f) There is no known candidate, sensitive or special status species in the immediate vicinity of the project. The City’s Natural Resource Manager has visited the site and identified no biological issues associated with the project. No heritage trees or significant native vegetation exist on the site. A tributary of Acacia Creek runs through the site. The drainage way that runs through the property has been highly disturbed and is in a degraded condition. While the creek’s value as a significant biological corridor is diminished by its physical separation from other segments of the riparian corridor, its condition could be improved with the proposed project development. The City’s Natural Resources Manager has reviewed the project plans and has recommended a grading and planting plan which would retain existing vegetation in the channel bottom and establish native plantings along the banks of the drainage way to establish a riparian corridor and promote restoration of the creek habitat. It is not anticipated that any areas meeting the criteria for jurisdictional wetlands will be disturbed by the project and the project site is not part of a local, regional, or state habitat conservation plan. The large, multi-trunked Walnut tree in the northeast portion of the site would be removed with the proposed development. Both the City Arborist and Natural Resources Manager have reviewed the removal and concurred that the proposed landscape plan, including both street trees and trees within the riparian corridor, provide adequate mitigation. This tree was previously approved for removal with an earlier development application and planting plan (A/MS/ER 34-11). Conclusion: Potentially significant unless mitigation incorporated Community Development Department, Planning Division staff recommends a number of mitigation measures to reduce Attachment 7 PH1 - 70 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 11 potential direct impacts to species downstream of the project including erosion control measures and measures to eliminate sedimentation downstream of the project site; all of which are incorporated into this Initial Study as follows: Mitigation Measure 2: The project shall incorporate the following erosion control measures for work in and around the riparian corridor: a. No heavy equipment should enter flowing water. b. Equipment will be fuelled and maintained in an appropriate staging area removed from the riparian corridor. c. Restrict all heavy construction equipment to the project area or established staging areas. d. All project related spills of hazardous materials within or adjacent to the project area shall be cleaned up immediately. Spill prevention and clean up materials should be onsite at all times during construction. e. All spoils should be relocated to an upland location outside the creek channel area to prevent seepage of sediment in to the drainage/creek system. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5. 10,21, 22, 23 --X-- b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5) --X-- c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? --X-- d) Disturb any human remains, including those interred outside of formal cemeteries? --X-- Evaluation a-d) The existing property does not contain any historic or prehistoric archaeological resources identified on city maintained resource maps and no known archaeological resources exist within the project site. Though the site is not within an archaeologically sensitive area and additional study to determine the presence of archaeological historical resources is not required, there is the limited potential that materials (including but not limited to bedrock mortars, historical trash deposits, and human burials) could be encountered given the proximity to the creek. Conclusion: Potentially Significant Unless Mitigation Incorporated In the event archaeological resources are found, the following mitigation measure will be in effect: Mitigation Measure 3 If materials (including but not limited to bedrock mortars, historical trash deposits, and human burials) are encountered during excavation, work shall cease until a qualified archaeologist makes determinations on possible significance, recommends appropriate measures to minimize impacts, and provides information on how to proceed in light of the discoveries. All specialist recommendations shall be communicated to the City of San Luis Obispo Community Development Department prior to resuming work to ensure the project continues within procedural parameters accepted by the City of San Luis Obispo and the State of California. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 4,10, 28, 30 I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. --X-- II. Strong seismic ground shaking? --X-- III. Seismic-related ground failure, including liquefaction? --X-- IV. Landslides? --X-- Attachment 7 PH1 - 71 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 12 b) Result in substantial soil erosion or the loss of topsoil? --X-- c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? --X-- d) Be located on expansive soil, as defined in Table 1802.3.2 [Table 1806.2) of the California Building Code (2007) [2010], creating substantial risks to life or property? --X-- e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? --X-- Evaluation a) San Luis Obispo County, including the City of San Luis Obispo is located within the Coast Range Geomorphic Province, which extends along the coastline from central California to Oregon. This region is characterized by extensive folding, faulting, and fracturing of variable intensity. In general, the folds and faults of this province comprise the pronounced northwest trending ridge-valley system of the central and northern coast of California. Under the Alquist-Priolo Special Studies Zone Act, the State Geologist is required to delineate appropriately wide special studies zones to encompass all potentially and recently-active fault traces deemed sufficiently active and well-defined as to constitute a potential hazard to structures from surface faulting or fault creep. In San Luis Obispo County, the special Studies Zone includes the San Andreas and Los Osos faults. The edge of this study area extends to the westerly city limit line, near Los Osos Valley Road. According to a recently conducted geology study, the closest mapped active fault is the Los Osos Fault, which runs in a northwest direction and is about one mile from the City’s westerly boundary. Because portions of this fault have displaced sediments within a geologically recent time (the last 10,000 years), portions of the Los Osos fault are considered “active”. Other active faults in the region include: the San Andreas, located about 30 miles to the northeast, the Nacimiento, located approximately 12 miles to the northeast, and the San Simeon-Hosgri fault zone, located approximately 12 miles to the west. Although there are no fault lines on the project site or within close proximity, the site is located in an area of “High Seismic Hazards,” specifically Seismic Zone D, which means that future buildings constructed on the site will most likely be subjected to excessive ground shaking in the event of an earthquake. Structures must be designed in compliance with seismic design criteria established in the California Building Code for Seismic Zone D. To minimize this potential impact, the California Building Code and City Codes require new structures be built to resist such shaking or to remain standing in an earthquake. No mitigation measures are necessary. b) This is an infill site located in an urbanized area and the planting plan for the drainage channel that runs through the property is specifically designed to enhance the riparian channel to prevent further erosion. The project will not result in loss of topsoil. c), d) The Safety Element of the General Plan indicates that the project site has a high potential for liquefaction, which is true for most of the City. Development will be required to comply with all City Codes, including Building Codes, which require proper documentation of soil characteristics for designing structurally sound buildings to ensure new structures are built to resist such shaking or to remain standing in an earthquake. The Building Division of the Community Development Department routinely reviews project plans for compliance with recommendations of the soils engineering reports. e) The proposed project will be required to connect to the City’s sewer system. Septic tanks or alternative wastewater systems are not proposed and will not be used on the site. Conclusion: Less than significant impact. Attachment 7 PH1 - 72 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 13 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 1, 2, 13 X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. X Evaluation a) b) In addition to the criteria pollutants discussed in the above air quality analysis, the state of California recently passed Assembly Bill 32, the California Global Warming Solution Act of 2006 and California Governor Schwarzenegger Executive Order S-3-05 (June 1, 2005), both require reductions of greenhouse gases in the State of California. The proposed project will result in infill development, located in close proximity to transit, services and employment centers. City policies recognize that compact, infill development allow for more efficient use of existing infrastructure and Citywide efforts to reduce greenhouse gas emissions. The City’s Climate Action Plan (CAP) also recognizes that energy efficient design will result in significant energy savings, which result in emissions reductions. The proposed development includes several features recognized on the GreenPoint Rated Checklist, scoring 87 total points, which far exceeds the minimum requirements of the program (minimum qualification = 50 points). Conclusion: Less than significant impact. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 28, 30 --X-- b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 30 --X-- c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 10, 30 --X-- d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 10 --X-- e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 27, 30 --X-- f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 10, 12 --X-- g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 4, 30 --X-- h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 4, 11 --X-- Evaluation a), b), c), d) The proposed project involves a land division to allow development of nine small single-family residential lots, Attachment 7 PH1 - 73 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 14 and associated site improvements, and would not involve the use, transportation, disposal, or emission of hazardous materials. The site is not listed as having known hazardous materials or contamination, and there are no existing or proposed schools within one-quarter mile of the site. e), f), The project site is located within Safety area S-2 of the San Luis Obispo County Regional Airport. Table 10 of the Airport Land Use plan allows up to a maximum of 12 density units per acre with an approved ACOS (Airport Compatible Open Space Area). The proposed project’s density is less than 12 density units per acre. The project site is not in the vicinity of a private airstrip. g), h) The project site is an infill site and plans have been reviewed by the Fire Marshal who determined that as designed the project will not conflict with any emergency response plan or evacuation plan. The site is not directly adjacent to any wildlands. Conclusion: Less than significant impact. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? 10,19, 25, 30, 31 --X-- b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? --X-- c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? --X-- d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? --X-- e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? --X-- f) Otherwise substantially degrade water quality? --X-- g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? --X-- h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? --X-- i) Expose people or structures to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? --X-- j) Inundation by seiche, tsunami, or mudflow? 11, 12 --X-- Evaluation a), f) This project received the first discretionary development approvals prior to March 6, 2014 so is not subject to the current stormwater regulations as promulgated by the Regional Water Quality Control Board. The proposed plan is subject to the requirements for Interim Low Impact Development as a Tier 3 Project, as it is a residential subdivision map of 5 or more units. The applicant proposes to store and release the sites’ increased storm water runoff in a subsurface detention/retention system. The re-vegetated creek corridor will also act as a vegetated bioswale, which will further decrease runoff and siltation compared to the current degraded configuration. Bio-swales will be used where possible to direct runoff into the sites subsurface system, which complies with the City’s Low Impact Development (LID) Tier 3 standards for stormwater runoff. Attachment 7 PH1 - 74 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 15 The project will comply with City Engineering Standard 1010.B for water quality treatment of stormwater runoff from expanded street paving; requiring the treatment for storm events. b) The project will be served by the City’s sewer and water systems and will not deplete groundwater resources. c), d), e), i) Physical improvement of the project site will be required to comply with the drainage requirements of the City’s Waterways Management Plan. This plan was adopted for the purpose of insuring water quality and proper drainage within the City’s watershed. The Waterways Management Plan requires that site development be designed so that post-development site drainage does not significantly exceed pre-development run-off. The applicant proposes to store and release the sites increased storm water runoff in a subsurface detention/retention system. The re-vegetated creek corridor will also act as a vegetated bioswale, which will further decrease runoff and siltation compared to the current degraded configuration. The Drainage Analysis prepared by Keith V. Crowe concludes the project’s water flows increase minimally from preconstruction to post-construction, which complies with the City’s Waterways Management Plan. Compliance with the Waterways Management Plan is sufficient to mitigate any potentially significant impacts of the project in the areas of water quality and hydrology. The Public Works Department has determined that the proposed improvements, including frontage improvements to redirect flows, bioswales in the reengineered creek corridor, and sizes of the detention/retention system are sufficient to avoid drainage impacts, such as flooding, on-site or downstream. g), h) The project site is located at the base of the South Hills and is not within the boundaries of an area subject to inundation from flood waters in a 100-year storm per the Federal Flood Hazard Boundary or Flood Insurance Rate Map. The project will not impede or re-direct the flow of any waters. j) The proposed development is outside the zone of impacts from seiche or tsunami, and the existing upslope projects do not generate significant storm water runoff such to create a potential for inundation by mudflow. The Soils Engineering Report prepared by GeoSolutions, Inc has not identified upslope or on-site slope instability. Conclusion: Less than significant impact 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 1, 10 --X-- b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1, 9, 31 --X-- c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 5, 12 --X-- Evaluation a), c) The proposed infill development project is designed to fit among existing residential development and will not physically divide an established community or conflict with any applicable habitat conservation plan or natural community conservation plans. b) The proposed project will not conflict with applicable land use plans, policies, or regulations for the purpose of avoiding or mitigating an environmental effect. The project is proposed to be consistent with City regulations and development standards, with the exception of a request for reduced setbacks which would allow development of structures and unenclosed parking within the minimum creek and yard setbacks, as depicted within the Project Description, on page 3 of this document. The City’s Natural Resource Manager has reviewed the proposed creek setback reductions and concluded that with the implementation of the creek corridor restoration plan, including re-engineered 3:1 slope-banks and riparian vegetation plan, the setback reductions are less than significant and the project will result in improved conditions. Home designs rely on exceptions to both internal and external property setback standards. Within the development, internal lot lines were derived to meet required minimum lot sizes, but do not always correlate with fence lines and the separation of spaces. Easements would be utilized to maximize functional yard areas while also minimizing view or privacy issues. In no case would building separation be less than the minimum requirements. The Architectural Review Commission will review Attachment 7 PH1 - 75 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 16 the proposed setback exceptions and determine if they are appropriate and if the diminished solar exposure is acceptable. Conclusion: Less than significant impact. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 5 --X-- b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? --X-- Evaluation a), b) There are no known mineral resources on the project site. Conclusion: No impact 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 3, 9, 10 --X-- b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? --X-- c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? --X-- d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? --X-- e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 27 --X-- 10,12 --X-- Evaluation a), c) The Noise Guidebook includes distances from the center line of roads to noise contours on sites along roadways with heavier traffic volumes. The table indicates that existing noise levels at the site are below 60 decibels (dB) Ldn. With build- out of the City noise levels will increase to about 60 at the most easterly portion of the project site. The Guidebook indicates that these estimates should be taken as worst case estimates and do not take into account shielding by buildings or landforms which can reduce noise exposure up to 14 dB. Residences are designated as noise sensitive by the Noise Element. The Noise Element indicates that noise levels of 60 dB are acceptable for outdoor activity areas and 45 dB for indoor areas. Exterior noise levels will be less than 60 dB when attenuation afforded by intervening buildings or property fencing is taken into account. Interior noise levels of less than 45dB will be achievable with standard building materials and construction techniques. Noise and ground borne vibrations may occur during construction. However, the temporary noise and vibration will have less than significant impacts since construction will be during daytime hours and temporary in nature. b), d) Site development will result in increases in ambient noise levels but not to significant levels because policies in the City’s Noise Element regulate potential noise impacts. Noise increases that would affect ambient levels are to be reduced to thresholds determined to be acceptable in residential areas. Construction activities also generate noise, and may temporarily raise the ambient noise levels above acceptable levels for the duration of construction, including ground borne vibration and noise. Construction noise is regulated by the City’s Noise Ordinance, which regulates time of construction and maximum noise levels that may be generated. The project would be required to meet the noise standards contained in the Ordinance, which includes limitations on the days and hours of construction. Attachment 7 PH1 - 76 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 17 e), f) The project is approximately 1.5 miles from the end of San Luis Obispo Airport Runway 29 and is just within the boundary of ALUP Zone 6 and is beyond Airport Noise Contours projecting a 50 dB airport noise. Table 1 of the General Plan Noise Element states that the maximum noise exposure for outside residential activities is 60dB. The project will not experience noise sources which exceed significance thresholds. The project is not within the vicinity of a private airstrip. Conclusion: Less than significant impact 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 1, 11 --X-- b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? --X-- --X-- Evaluation: a), b), c) The project proposes the construction of nine single-family residences on a vacant infill site. The General Plan encourages this type of development because efficiently utilizes existing facilities for water, sewer, storm drainage, transportation and parks. The added population growth caused by this project is within the General Plan’s projection and will not result in population exceeding local and regional growth projections. Conclusion: No impact 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? 12, 30 --X-- b) Police protection? --X-- c) Schools? --X-- d) Parks? --X-- e) Roads and other transportation infrastructure? --X-- f) Other public facilities? --X-- Evaluation a), b), d), e), f) No potential impacts have been identified to any public services because of the scale of the project and its location within a developed portion of the City. c) The school districts in the state have the authority to collect fees at the time of issuance of building permits to offset the costs to finance school site acquisition and school construction, and are deemed by State law to be adequate mitigation for all school facility requirements. Any increases in demand on school facilities caused by the project are considered to be mitigated by the district’s collection of adopted fees at the time of building permit issuance. Conclusion: No impact. 15. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 1, 30 --X-- b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? --X-- Attachment 7 PH1 - 77 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 18 Evaluation: a) The project will add incrementally to the demand for parks and other recreational facilities. However, given the size of the project (nine new residences) and expected number of residents, no significant recreational impacts are expected to occur with development of the site. Park Land In-Lieu fees will be required to be paid to the City to help finance additional park space, maintenance or equipment in the vicinity, per existing City policy. Should the map not be recorded and the project developed as for-rent units on one parcel, the City also collects a Dwelling Unit Construction tax that goes to a Park Improvement Fund with building permits for multi-family projects. Collection of these fees helps offset the impacts of new projects on the City’s recreational facilities. b) Each of the nine proposed homes will include a small private outdoor area. No additional recreational facilities are proposed. Conclusion: Less than significant impact 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 9,12, 17 --X-- b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? --X-- c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 27 --X-- d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 30 --X-- e) Result in inadequate emergency access? 12 --X-- g) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 2, 9, 30 --X-- Evaluation a), b)The project does not conflict with any applicable circulation system plans and does not add to demand on the circulation system or conflict with any congestion management programs or any other agency’s plans for congestion management. The project will add vehicular trips to local and area streets which lead out of the neighborhood to uncontrolled intersections. The existing streets have sufficient unused capacity to accommodate the added vehicular traffic without reducing existing levels of service. The proposed project would not result in a significant impact with regard to increased vehicular trips and does not conflict with performance standards provided in City adopted plans or policies. The project will also contribute to overall impact mitigation for transportation infrastructure by participating in the Citywide Transportation Impact Fee program. c) The project will not result in any changes to air traffic patterns and does not conflict with any safety plans of the Airport Land Use Plan. d) The project has been designed to meet City Engineering Standards and will not result in safety risks. The project will include curb, gutter, and sidewalk per City Engineering Standards, which will improve pedestrian and vehicle safety along Rockview Drive. Attachment 7 PH1 - 78 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 19 e) The project has been reviewed by the City Fire Marshal to ensure adequate emergency access has been provided. f) The project is consistent with policies supporting alternative transportation due to the site’s location within the City’s urban center, and its proximity to shopping, parks and services. Conclusion: Less than significant impact 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 9,12, 20,24, 28 --X-- b) Require or result in the construction or expansion of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? --X-- c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? --X-- d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed? --X-- e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? --X-- f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? --X-- g) Comply with federal, state, and local statutes and regulations related to solid waste? --X-- Evaluation a), b), c), e) The proposed project would result in an incremental increase in demand on City infrastructure, including water, wastewater and storm water facilities. Development of the site is required to be served by City sewer and water service, which both have adequate capacity to serve the use. Existing storm water facilities exist in the vicinity of the project site, and it is not anticipated the proposed project will result in the need for new facilities or expansion of existing facilities which could have significant environmental effects. This project has been reviewed by the City’s Utilities Department and no resource/infrastructure deficiencies have been identified. The developer will be required to construct private sewer facilities to convey wastewater to the nearest public sewer. The on- site sewer facilities will be required to be constructed according to the standards in the Uniform Plumbing Code and City standards. Impact fees are collected at the time building permits are issued to pay for capacity at the City’s Water Reclamation Facility (WRF). The fees are set at a level intended to offset the potential impacts of each new residential unit in the project. d) The proposed project would result in an incremental increase in demand on water supplies, as anticipated by the General Plan. Per the 2012 Water Resource Status Report, the City has sufficient water supplies for build-out of the City’s General Plan. The incremental change is not considered to be significant. This project has been reviewed by the City’s Utilities Engineer and no resource/infrastructure deficiencies have been identified. f), g) The proposed project will be served by San Luis Garbage Company, which maintains standards for access and access to ensure that collection is feasible, both of which will be reviewed by the Architectural Review Commission. Attachment 7 PH1 - 79 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 20 Background research for the Integrated Waste Management Act of 1989 (AB 939) shows that Californians dispose of roughly 2,500 pounds of waste per month. Over 90% of this waste goes to landfills, posing a threat to groundwater, air quality, and public health. Cold Canyon landfill is projected to reach its capacity by 2018. The Act requires each city and county in California to reduce the flow of materials to landfills by 50%` (from 1989 levels) by 2000. To help reduce the waste stream generated by this project, consistent with the City’s Source Reduction and Recycling Element, recycling facilities must be accommodated on the project site and a solid waste reduction plan for recycling discarded construction materials must be submitted with the building permit application. The project is required by ordinance to include facilities for recycling to reduce the waste stream generated by the project, consistent with the Source Reduction and Recycling Element. The incremental additional waste stream generated by this project is not anticipated to create significant impacts to solid waste disposal. Conclusion: Less than significant impact 18. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? --X-- The project is an infill residential development in an urbanized area of the city. Without mitigation, the project could have the potential to have adverse impacts on all of the issue areas checked in the Table on Page 3. As discussed above, potential impacts to biological and cultural resources will be less than significant with incorporation of recommended mitigation measures. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? --X-- The project is consistent with the General Plan, which identifies this site as appropriate for medium-density residential uses, and which supports infill development utilizing existing infrastructure. The proposed project will not result in cumulatively considerable impacts. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? --X-- With the incorporation of a mitigation measures, the project will not result in substantial adverse impacts on humans. 19. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. In 2011 The City of San Luis Obispo certified a Mitigated Negative Declaration (ER 34-11) for a tentative parcel map and setback exception request for the project site. The map and setback exception were subsequently approved (MS/A 34-11); however these projects were never completed. Project files, including all findings and conditions are available for review at the City of San Luis Obispo’s Community Development Department. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. The earlier Environmental Review for this site (ER 34-11) also recognized and addressed potential significant impacts in the areas of Biological and Cultural Resources. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation Attachment 7 PH1 - 80 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 21 measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Because the potentially significant impacts identified in ER 34-11 were related to the features of the site (as opposed to the proposed development project), they have been reintroduced in this document. Please see Required Mitigation Measures and Monitoring Program, below. 20. SOURCE REFERENCES. 1. City of SLO General Plan Land Use Element, June 2010 2. City of SLO General Plan Circulation Element, April 2006 3. City of SLO General Plan Noise Element, May 1996 4. City of SLO General Plan Safety Element, March 2012 5. City of SLO General Plan Conservation & Open Space Element, April 2006 6. City of SLO General Plan Housing Element, April 2010 7. City of SLO Water and Wastewater Element, July 2010 8. City of SLO General Plan EIR 1994 for Update to the Land Use and Circulation Elements 9. City of San Luis Obispo Municipal Code 10. City of San Luis Obispo, Land Use Inventory Database 11. Site Visit 12. City of San Luis Obispo Staff Knowledge 13. City of SLO Climate Action Plan, August 2012 14. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency: http://www.consrv.ca.gov/dlrp/FMMP/ 15. Unused 16. CEQA Air Quality Handbook, Air Pollution Control District, April 2012 17. Institute of Transportation Engineers, Trip Generation Manual, 9th Edition, on file in the Community Development Department 18. Soils Engineering Report, GeoSolutions, Inc. May 14, 2013 19. City of SLO Waterways Management Plan 20. Water Resources Status Report, July 2012, on file with in the Utilities Department 21. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community Development Department 22. City of San Luis Obispo, Historic Site Map 23. City of San Luis Obispo Burial Sensitivity Map 24. City of SLO Source Reduction and Recycling Element, on file in the Utilities Department 25. Drainage Analysis, Keith V. Crowe, Consulting Engineer, January 20, 2014 26. Engineering Geology Investigation Report, GeoSolutions, Inc., November 8, 2013 27. San Luis Obispo County Airport Land Use Plan 28. 2010 California Building Code 29. City of San Luis Obispo Zoning Regulations August 2012 30. Project Plans 31. Applicant project statement/description Attachments: 1. Vicinity Map 2. Project Plans Attachment 7 PH1 - 81 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 22 REQUIRED MITIGATION AND MONITORING PROGRAMS Mitigation Measure 1: Air Quality During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds over 25 m.p.h. Reclaimed (non-potable) water is to be used in all construction and dust-control work. c. Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. f. Scheduling of construction truck trips during non-peak hours to reduce peak hour emissions. g. If determined to be needed, periodic washdowns or mechanical streetsweeping of streets in the vicinity of the construction site shall be done.  Monitoring Plan, MM #1: These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development and Public Works Departments prior to commencement of construction. Mitigation Measure 2: Biological Resources The project shall incorporate the following erosion control measures for work in and around the riparian corridor: a. No heavy equipment should enter flowing water. b. Equipment will be fuelled and maintained in an appropriate staging area removed from the riparian corridor. c. Restrict all heavy construction equipment to the project area or established staging areas. d. All project related spills of hazardous materials within or adjacent to the project area shall be cleaned up immediately. Spill prevention and clean up materials should be onsite at all times during construction. e. All spoils should be relocated to an upland location outside the creek channel area to prevent seepage of sediment in to the drainage/creek system.  Monitoring Plan, MM #2: All construction and grading plan sets shall clearly note the above mitigation measures on applicable sheets and be clearly visible to contractors and City Attachment 7 PH1 - 82 Issues, Discussion and Supporting Information Sources ER # 202-13 (A/ARC/TR/ER 202-13) Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 23 inspectors. Prior to issuance of building permits, a pre-construction meeting is required between Associate Planner, Marcus Carloni (or assigned planner) and the project contractor supervisor to ensure the above requirements are understood and complied with at all times. Community Development Department staff and Public Works staff will periodically inspect the site for continued compliance with the above mitigation measures. Mitigation Measure 3: Cultural Resources If materials (including but not limited to bedrock mortars, historical trash deposits, and human burials) are encountered during excavation, work shall cease until a qualified archaeologist makes determinations on possible significance, recommends appropriate measures to minimize impacts, and provides information on how to proceed in light of the discoveries. All specialist recommendations shall be communicated to the City of San Luis Obispo Community Development Department prior to resuming work to ensure the project continues within procedural parameters accepted by the City of San Luis Obispo and the State of California.  Monitoring Plan, MM #3: All construction and grading plan sets shall clearly note the above mitigation measures on applicable sheets and be clearly visible to contractors and City inspectors. Prior to issuance of building permits, a pre-construction meeting is required between Associate Planner, Marcus Carloni (or assigned planner) and the project contractor supervisor to ensure the above requirements are understood and complied with at all times. Community Development Department staff and Public Works staff will periodically inspect the site for continued compliance with the above mitigation measures. Attachment 7 PH1 - 83 Page intentionally left blank. PH1 - 84