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HomeMy WebLinkAbout9475-9499C RESOLUTION NO. 9499 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 19 2002 - JUNE 30, 2004 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Addendum to the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers' Association, attached.hereto as Exhibit "1" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Director of Finance and Information Technology shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Addendum approved by it to: Steve Tolley, San Luis Obispo Police Staff Officers' Association President and Monica Moloney, Director of Human Resources. Upon motion of Council Member Ewan, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of November; 2003. ATTEST: Lee Price, City Clerk Mayor David F. Romero R 9499 C�` O Resolution No. 9499 (2003 Series) Page 2 n9i3emLODM-61 m ITS] aAr Jonathan ell City Attorney Exhibit "I" ADDENDUM TO THE 2002-04 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION I. PURPOSE OF THIS ADDENDUM Article 28 of the 2002 -04 Memorandum of Agreement (MOA) allowed negotiations to be re- opened regarding the City's contribution to the cafeteria plan for 2003. This addendum confirms the agreement of the parties to modify the MOA. Except as modified below, all other terms and conditions shall remain in full force and effect. II. MODIFICATION OF CONTRIBUTION TO CAFETERIA PLAN Article 12, Health Care Insurance, Sections 12.1, 12.2 and 12.3 are modified as follows: 12.1 CONTRIBUTION City shall contribute the monthly amounts as set forth below for Cafeteria Plan benefits for each regular, full -time employee covered by this agreement. Less than full -time employees shall receive a prorated share of the City's contribution. The following contribution will be effective in July, 2003, for insurance covering the month of August, 2003: Employee $373.00 Employee Plus One $663.00 Family $885.00 Effective in December, 2003, for insurance covering the month of January, 2004, the contribution will be as follows: Employee $415.00 Employee Plus One $754.00 Family $995.00 The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage. Employees shall be eligible for the City contribution set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees l Addendum to 2002 -2004 Memorandum of Aa eement PaLle 2 San Luis Obispo.Police Staff Officers' Association opting out of health coverage as provided for below shall also receive payment at the employee -only level. 12.2. INSURANCE COVERAGE. PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rates. The City's contribution toward retirees shall be increased by five (5 %) percent per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided. In summary, this cost and any increases will be borne by the employees. Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will not receive the City's minimum PERS Health benefit contribution. CITY OF SAN LUIS OBISPO Monica.Moloney Director of Human Resources Karen Jenny, R' M ger SAN LUIS.OBISPO POLICE STAFF OFFICERS' ASSOCIATION Steve T 1 ,President, SLOPSOA Krid Dutra, Board Member G:\Moas\Police Staff OfficersUddendum To 2002 -04 SLOPSOA MOA.Doc RESOLUTION NO. 9498 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A POLICY FOR ADVERTISING IN CITY PARKS WHEREAS, it has been the practice of the City to allow advertising in,a limited number of locations in City parks for designated time periods; and WHEREAS, a proliferation of advertising might create sign pollution and commercialize parks; and WHEREAS, the Joint Use Committee and the Parks and Recreation Commission have endorsed these policies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo adopts the following policy concerning advertising in City parks: For City Parks, with the exception of San Luis Obispo Baseball Stadium: 1. All advertising signage in City parks shall be temporary and shall be removed after each daily use or after an event of not more than three days. 2. The City reserves the right to accept or deny any signs placed on or in its facilities. 3. The size of a sign shall not exceed 6 feet by 16 feet. 4. Signs shall be posted only at the following sites at the indicated locations: a. San Luis Obispo Swim Center — during swim meets on the perimeter fences. b. Youth Baseball/Softball Fields — on the outfield fences. c. Stockton Softball/Baseball Field — on the outfield fence. d. Sinsheimer Tennis Courts — on exterior fences but not to interfere with tennis courts uses, such as installation at the end of each court. e. Santa Rosa Park softball field, multi -use court, and skate park - on the fences. f. Damon - Garcia Sports Fields - on stand alone banners. g. During recognized special events held in City parks or joint use facilities. 5. There will be no charge for temporary signs to be placed in City parks under a permitted use. For San Luis Obispo Baseball Stadium: 1. With the consent of other San Luis Obispo Baseball Stadium users, organizations will be allowed to place signage during the baseball season, commencing on May.1 and ending on August 15. 2. The City reserves the right to acceptor deny any signs placed on or in its facilities. 3. The size of a sign shall not exceed 6 feet by 16 feet. Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: �i Resolution No. 9498 (2003 Series) Page 2 AYES: Council Members Ewan and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: Council Member Schwartz ABSENT: None The foregoing resolution was adopted this 4th day of November, 2003. Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jona .Lowell City Attorney Mayor David F. Romero (71 � 0 RESOLUTION NO. 9497 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CLOSURE OF CERTAIN STREETS ANDIEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE DOWNTOWN ASSOCIATION'S ANNUAL HOLIDAY PARADE WHEREAS, the San Luis Obispo Downtown Association traditionally holds its Annual Holiday Parade on the first Friday in December of each year, an event of local significance which attracts large numbers of people to the community; and WHEREAS; the San Luis Obispo Downtown Association will be holding its Annual Holiday Parade this year on December 5, 2003; and WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for local special events such as the Annual Downtown Association Holiday Parade, when the closing is necessary for the safety and protection of persons who are to use those portions of the street during the temporary closure; pursuant to Vehicle Code Section 22507, the City may prohibit parking on portions of streets during all or certain hours of the day; and pursuant to Vehicle Code Section 22651 (b), (m), and (n), City peace officers may remove by towing any vehicle from those portions of the street where parking has been prohibited; and WHEREAS, to accommodate the San Luis Obispo Downtown Association Annual Holiday Parade, it is requested that the following streets identified below and shown on Exhibit "A" be closed to traffic and no parking and tow away zones be established between the hours of 5:30 p.m. and 10:00 p.m. on the day of the parade: • Higuera Street from Santa Rosa Street to Nipomo Street; • Monterey Street from Santa Rosa Street to Nipomo Street; • Palm Street from Morro Street to Nipomo Street; • Mill Street from Morro Street to Broad Street; • Peach Street at Broad Street — Resident Access Only; • Nipomo Street from Marsh Street to Monterey Street; • Osos Street from Marsh Street to Palm Street; • Morro Street from Marsh Street to Palm Street; • Chon o Street from Marsh Street to Peach Street; • Garden Street from Marsh Street to Higuera Street; and • Broad Street from Marsh Street to Peach Street. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Finding. The City Council finds and determines that closing the above- identified streets is necessary for the safety and protection of the parade participants and observers, many of whom are children, who are to use that portion of the street during the temporary closure. R 9497 i Q Resolution No.9497 (2003 Series) Page 2 SECTION 2. Action. The Police, Public Works, and Recreation and Parks Department are ordered to close the above - identified streets, prohibit parking and establish a tow away zone between the hours of 5:30 p.m. and 10:00 p.m. for the Annual Holiday Parade. SECTION 3. The Police Chief, Public Works Director, Director of Recreation and Parks, and their designees are authorized to take appropriate actions to carry out the intent of this resolution, including, but not limited to, the actions set forth in Section 2 above. Furthermore, said City officials are authorized to allow for minor modifications to the parade route as deemed necessary for the public safety and'welfare. SECTION 4. This Resolution shall remain if effect for each Downtown Association Annual Holiday Parade held in the City unless rescinded or amended by the City Council. Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21st day of October, 2003. Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonkhe4. Lowell City Attorney David F. Romero, Mayor I �xh,b�fA Cft O I NX l I i, d O 9 Ul N• m rta �7 o � o r O NJUNV 00 OaaOH OaaOH� 08HOW Soso �I z �! m m 009 OOSL ppdL •a.•Ww OOZL GL pOpL 006 008 OL 009 OOS S 1NVS VSOa V1NVS y ' O • • • 0 e6 " 6 N W N N N p m \� O Cft O I NX l I i, d O 9 Ul N• m rta �7 o � o r O NJUNV 00 OaaOH OaaOH� 08HOW Soso �I z �! m m 009 OOSL ppdL •a.•Ww OOZL GL pOpL 006 008 OL 009 OOS S 1NVS VSOa V1NVS y ' O • • • 0 ,�Po�L:Cv ,_2 t ADOlt.r 1'� �! M �tiu 934u 1 RESOLUTION NO. 9496 (2003 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF THE 2003 -04 FEDERAL CAPITAL AND OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transit Administration.has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, a grant of Federal assistance will impose certain obligations upon the City of San Luis Obispo and may require the City of San Luis Obispo to provide the local share of project costs; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City of San Luis Obispo is the designated recipient as defined by 49 U.S.C. 5307 (a)(2). SECTION 2. The Public Works Director is authorized to execute and file an application for Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other Federal statutes authorizing a project administered by the Federal Transit Administration. Refer to Exhibit A. SECTION 3. The Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a Federal assistance grant. SECTION 4. The Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. SECTION 5. Amend the Transit Fund budget for 2003 -04 to conform with the Short Range Transit Plan adopted by the Council on August 28, 2003, which is the basis for the grant application. Refer to Exhibit B. Resolution No. 9496 (2003 Series) Page 2 Upon motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21st day of October, 2003. i Mayor David F. Romero ATTEST: 0 Lee Price, City Clerk APPROVED AS TO FORM: Jo P. Lowell City Attorney FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION for SLO TRANSIT PROGRAM OF PROJECTS FOR FISCAL YEAR 2003 -2004 Federal Apportionments: For 2003 -2004 Carryover from 2002 -2003 Available to Program Protect $797,320 93,445 $890,765 Federal Total Amount Amount EXHIBIT A Operating Assistance 7 /1/03 to 6/30/04 $635;565 $2,054,519 Capital Cost of Contracting 220,000 275,000 Bus Stop Improvement/Bus ID 31,200 39,000 SMART Card Study 4,000 5,000 Total Project Cost $2,373,519 Federal Share $890,765 Local Share $1,482,754 EXHIBIT B *includes indirect cost Existine Pro Dosed Total Cost Federal Share Local Share Total Cost Federal Share Local Share Operating Cost* 2,238,300 698 200 1540 100 2,054,600 635 600 1.4,19,000 Capital Cost of Contracting 50,000 40,000 10,00 275,000 220,000 55,000 Bus Ston Im rovements/Bus.TD 56.000 44.800 11.2001 39.000 31.200 7.800 NARF - Transit 50,000 40,000 10,000 0 0 0 Information Technolozy Proiects 16 900 0 16 900 16,900 0 16 900 Transit Smart Card Feasibility 0 0 5,000 4,000 1 000 Potential Adustments 2,400 0 2,40 2,400 0 2,40 Increase to Fund Balance 64,400 0 64,400 152,900 0 152 900 Totals 1 2.478,0001 823.0001 1.655.000 2.545,8001 890.800 1.655,000 *includes indirect cost �� � D �G� 0 RESOLUTION NO. 9495 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A REVISED PRIORITY LIST FOR UNDERGROUND DISTRICTS FOR OVERHEAD UTILITIES WHEREAS, the City of San Luis Obispo maintains an ongoing program to place overhead utility lines underground; and work; WHEREAS, the City Council periodically updates and adopts a new priority list for this THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo: SECTION 1. The following priority list shall be used for the proposed utility undergrounding districts: District 15 Broad (SR 227) — 46 meters n/o Orcutt Rd. to Southerly City Limits District 16 Higuera - s/o High to Marsh District 17 Monterey - Santa Rosa to US 101 District 18 Broad -Marsh to South District 19 Area bounded by Santa Rosa, Marsh, California, Monterey District 20 Grand - Monterey to Slack District 21 California - San Luis to US 101 SECTION 2. Resolution No. 8995 (1999 Series) is hereby rescinded. Upon motion of Council Member Ewan, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21st day of October, 2003. R 9495 Q Resolution No. 9495 (2003 Series) Page 2 Lee Price, - C.M.C. City Clerk APPROVED AS TO FORM: on an P. Lowell City Attorney c. Mayor David F. ' • • RESOLUTION NO. 9494 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MAKING CERTAIN ENVIRONMENTAL FINDINGS, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING THE SAN LUIS OBISPO CREEK WATERWAY MANAGEMENT PROGRAM WHEREAS, over the course of natural history, rain water runoff has cut a system of gullies, creeks and channels into the land in the process of carrying these waters from the Cuesta foothills through what is now San Luis Obispo to the sea; and WHEREAS, European settlers established the City of San Luis Obispo virtually in the center of this drainage basin and platted the land into privately held parcels without heed to natural drainage patterns, dangers of potential flooding, or the need or desire for public access; and WHEREAS, this drainage system has been and continues to be overwhelmed periodically by large storm events that are now measured based on statistically reoccurring intervals as 5 year storms, 10 year storms, on up to 100 year storms; and WHEREAS, these periodic flood events erode and alter the configuration and location of these gullies, creeks and channels doing great damage to both the natural and man-made environment; and WHEREAS, the most recently recorded major floods occurred in 1969 and 1973; and WHEREAS, the flood of 1973 was so severe and caused so much property damage that San Luiss Obispo was declared a National Disaster area; and WHEREAS, in 1976 the City Council approved the draft Master Plan for the SLO Creek Watershed (Nolte report prepared for Zone 9), with design standards and action plans to control creek modifications and maintenance; and WHEREAS, in 1983 the City subsequently worked collaboratively with resource agencies and environmental groups and approved a more comprehensive plan to reduce flood damage while protecting environmentally sensitive waterways (the City's Flood Management Policy, aka "The Pink Book "); and WHEREAS, this San Luis Obispo Creek Waterway Management Plan of October 2003 will serve as a guide for the present and future City Councils; and WHEREAS, the City has prepared a Draft Environmental Impact Report for the San Luis Obispo Creek Waterway Management Plan of October 2003; and WHEREAS, the City has certified the final Environmental Impact Report (EIR) of the San Luis Obispo Creek Waterway Management Plan, thereby incorporating mitigations specified in the EIR. R 9494 Resolution No. 9494 (2003 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination The City Council finds that changes have been incorporated into the project to mitigate or avoid significant impacts. These changes include mitigation measures and project modifications outlined herein and set for in more detail in the Programmatic EIS/R, dated May 20, 2003, as amended with the Final EIR Response to Comments prepared October 9, 2003 (hereinafter referenced as the Final EIR). 2. The City Council finds that the implementation of the proposed project with mitigation measures as identified in the Final EIR and as contained in the recommendation to the City Council would have the fewest environmental effects when compared to the other alternatives analyzed in the Final EIR. 3. The City Council finds that the project as approved includes an appropriate Mitigation Monitoring Program. This Mitigation Monitoring Program ensures that measures that avoid or lessen the significant project impacts, as required by CEQA and the State CEQA Guidelines, will be implemented as described. 4. The City Council finds that the October 9, 2003 Final EIR was prepared in accordance with CEQA and the State CEQA Guidelines. A Draft EIR (as part of the Programmatic EIS/R) was circulated for public review and comment from May 20, 2003 to July 14, 2003. All comments received have been responded to (including a response to the National Marine Fisheries Service letter of comment directed to the EIS), and the responses and any resulting changes have been included in the Final EIR. 5. The City Council finds that the Category 3 /Capital Improvement projects were covered in the Programmatic EIS/R for the purpose of reviewing the whole of the proposed project and for the purpose of determining which activities would be eligible for inclusion in an Annual Work Plan for routine stream maintenance and management. There are significant unavoidable adverse impacts associated with the cumulative project that includes the Category 3 /Capital Improvement projects that would meet proposed. Design Flows but continue to expose people and structures to flooding. However, the WMP program activities and projects associated with flood management are determined by the City Council to be superior to the existing policies and projects contained in the "Pink Book ". The economic and social benefits to the community, by providing some relief from flooding when and if Category 3 /Capital Improvement projects proceed forward, outweigh the need for the City to meet a typical, but arbitrary, 100 -year level of flood protection. Through discussion of Altemative 3 (Projects not Considered Feasible and Not Evaluated Further) and elsewhere in the EIR and the administrative record, the City Council has balanced the costs and potential disruption of meeting the 100 -year flood protection standard against allowing for lesser design flow standards and spending on Resolution No. 9494 (2003 Series) Page 3 other public services and facilities. The City Council finds that the community is better served by not applying the 100 -year flood protection standard to all major waterways. This Statement of Overriding Considerations applies to the policies regarding Design Flow regulations and to Category 3 /Capital Improvement projects only. 6. The City Council finds that the Category 1 and 2 projects will not significantly alter flooding frequency, although they will assist in reducing the effects of flooding by maintenance, management, habitat enhancement, and aquatic habitat enhancement. Category 1 and 2 projects, in accordance with WMP standards, will maintain existing channel conditions with respect to flood flow conveyance capacity, and prevent further deterioration of conveyance capacity. This would not change the level of flooding nor adversely affect existing conditions. Therefore, the activities that would be permitted under the Annual Work Plan are not necessarily contributory to flooding nor would they significantly assist flood reduction. For this reason, the City Council determines that the impacts of maintenance and management through Category 1 and 2 projects are not significant and would not require overriding considerations. 7. In compliance with the California Environmental Quality Act, the City Council finds that the preferred project may have significant effects on the environment but that these effects will be lessened to insignificance by incorporation of the mitigation measures contained in the Final EIR portion of the Programmatic EIS/R. Therefore, pursuant to CEQA Guidelines, section 15092(a ,b) the City Council certifies that the Final EIR portion of the Programmatic EIS/R, dated October 9, 2003 (including the Public Hearing Draft dated May 20, 2003) has been prepared in accordance with CEQA, and approves the project as recommended by Staff. 8. The City Council further finds that the projects for which additional environmental review would be necessary include all projects identified as Category 3 projects in the Final EIR. Further action should not be taken on these projects until sufficient design information is developed and submitted for review to ascertain potential impacts of these actions on the environment and ensure that sufficient mitigation measures are incorporated into that project design to reduce the significance of these impacts, including the possible need to review the potential for statement of overriding considerations. SECTION 2. Waterway Management Program The City Council makes the following findings concerning the three components of the Waterway Management Program: Waterway Management Plan. The City Council finds that the adoption of the Waterway Management Plan provides for a comprehensive guide to planning and management of San Luis Obispo Creek. The management framework provides goals and policies addressing flooding, erosion, water quality, biological resources, land use, societal values, public involvement and education and interagency coordination. The Plan also outlines the preferred set of Capital O O Resolution No. 9494 (2003 Series) Page 4 Improvement projects that the City has selected to reduce recurring flooding problems along the creek, acknowledging that all of them will require much more thorough environmental review. 2. Drainage Design Manual. The City Council finds that the adoption of the Drainage Design Manual provides the tools for thorough design and analysis of hydraulic and hydrologic issues in the watershed. The Design Manual guidelines address hydrologic and hydraulic analysis, open channel design, culvert design, storm water detention/retention facilities, bank repair and stabilization (emphasizing biotechnical techniques), erosion control and revegetation strategies. The Council also finds that the use of the drainage design tools by both the City staff and the private development community will benefit the watershed by the application of consistent principles and practice in order to reduce the effects of flooding.. 3. Stream Management and Maintenance Program. The City Council finds that the adoption of the Stream Management and Maintenance Program provides the necessary education, policy, and field procedures to ensure that maintenance activities in the creek are carried out in the most environmentally sensitive, productive and efficient manner possible. The Council also finds that the procedures for planning, implementation, reporting and documentation of maintenance projects through an Annual Work Plan will ensure to the resource agencies and environmental groups that all maintenance activities are carried out using the WMP program policies, design standards, BMPs and mitigation practices. SECTION 1 Waterway Management Program Documents The following documents are hereby approved and adopted, and furthermore constitute the City's policy for the administration and implementation of the Waterway Management Program: 1. Waterway Management Plan, October 2003 2. Drainage Design Manual, October 2003 3. Stream Maintenance Management Plan, October 2003 The City Council finds that the Waterway Management Program includes all applicable policies, guidelines and program elements necessary to govern the City's role in the management of San Luis Obispo Creek waterway. SECTION 4. Repeal of Resolution Number 5138 (1983 Series) Resolution No. 5138, adopted on June 21, 1983 is hereby rescinded. Resolution No. 9494 (2003 Series) Page 5 Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Membes Ewan, Settle, Schwartz and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: The foregoing resolution was adopted this 21" day of October, 2003. City Clerk APPROVED AS TO FORM: Jon P. Lowell City Attorney a� top David F. Romero, Mayor Y. )., C11 10 RESOLUTION NO. 9493 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIXTY -DAY TIME EXTENSION TO COMPLETE CONDITIONS OF RESOLUTION NO. 9362 (2002 SERIES) RELATING TO THE ABANDONMENT OF A PORTION OF MORRO STREET BETWEEN PALM AND MONTEREY STREETS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on September 3, 2002, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that as described and shown on Exhibit "A," attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council has determined that the Morro Street right of way, within the proposed abandonment area, is hereby deemed to be "excess property" and may be quitclaimed only to the adjacent property owner upon receipt of payment of fair market value, to the satisfaction of the City Administrative Officer. SECTION 3. Section 2, Item 3 of Resolution No. 9362 (2002 Series) states that Item 2 must be met within one year or that resolution will be null and void and, based on negotiations currently under way between City staff and the adjacent property owner which may be more beneficial to the City than simply selling the excess City -owned right of way. SECTION 4. This Council hereby approves a sixty (60) day time extension to Section 2, Item 3 to allow the property owner to complete Item 2, as prescribed in the aforesaid Resolution No. 9362 (2002 Series). All other provisions of the said resolution will remain. On motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Settle, and Schwartz, and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was adopted this 2151 day of October 2003. Lee Price, C.M.C. City Clerk i David F. Romero, Mayor R9493 D O Resolution No. 9493 (2003 Series) Page 2 APPROVED AS TO FORM: Ip -� r , MI City Attorney . ■ OQX :� MOz b0 F Ni m z�� vo'o i 1 I ( �I -o O V N O Ri 1 �1 bifA PALM STREET (601 I W) 9 sl z c� O IC A: e '' a LS o M u,ti ow x0w cr �° n�g A QQ O In S y.6i•�7:' ---c -- , CS P. S a a r A �s �1 F C� or EXHIBIT A it f NiORRO ST. ABANDONMENT Sv►d u, s ��' �Q BETWEEN PALM &MONTEREY STREETS o ��GJ� z �' ��.� RESOLUTION NO. 9492 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIXTY -DAY TIME EXTENSION TO COMPLETE CONDITIONS OF RESOLUTION NO. 9361(2002 SERIES) RELATING TO THE ABANDONMENT OF COURT STREET BETWEEN MONTEREY AND HIGUERA STREETS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on September 3, 2002, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that as described and shown on Exhibit "A," attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council has determined that the Court Street right of way, within the proposed abandonment area, is hereby deemed to be "excess property" and may be quitclaimed only to the adjacent property owner upon receipt of payment of fair market value, to the satisfaction of the City Administrative Officer. SECTION 3. Section 2, Item 5 of Resolution No. 9361 (2002 Series) states that Items 1 through 4 must be met within one year or that resolution will be null and void and, based on negotiations currently under way between City staff and the adjacent property owner which may be more beneficial to the City than simply selling the excess City -owned right of way. SECTION 4. This Council hereby approves a sixty (60) day time extension to Section 2, Item 5 to allow the property owner to complete Items 1 through 4, as prescribed in the aforesaid Resolution No. 9361 (2002 Series). SECTION 5. Section 2, Item 2 of Resolution No. 9361 (2002 Series) is modified to read as follows: "Any utility relocation, conversions of utilities from public to private, and meter locations shall be completed pursuant to the building permit issued for the project at 999 Monterey Street." SECTION 6. Section 2, Item 3 of Resolution No. 9361 (2002 Series) is modified to read as follows: "Any building code upgrades required for the proposed abandonment and adjusted property lines shall be reviewed, approved and completed pursuant to the building permit issued for the project at 999 Monterey Street." SECTION 7. All other provisions of Resolution No. 9361 (2002 Series) shall remain. On motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Settle, and Schwartz, and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was adopted this 21S` day of October 2003. c Resolution No. 9492 (2003 Series) Paget ATTEST Lee Price, C.M:C. City Clerk APPROVED AS TO FORM: Jonkhairf Lowell ` City Attorney C Romero, David F. 1 "V434% 0808 STREET SHEET 1 OF 2 OFFER OF DEDICATION _ FOR PUSUC ROAD APN 002 -431 -005 MORRO STREET APN 002 -431 UKE F- W F-- N to N Vzz-�l� 25' ACCRUES TO THE ADJACENT !!LJ PROPERTY TO THE EAST OF THE R/W NNMt5' ACCRUES TO THE ADJACENT PROPERitES TO THE WEST OF THE F4w• City Of EXHIBIT A i v�' COURT STREET ABANDONMENT em SdYl �.UiS OB1SP BETWEEN MONTEREY & HIGUERA STREETS ■ � o n >��,C� ��� �� �(,,,"a� RESOLUTION NO. 9491(2003 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION'S FARMLAND CONSERVANCY PROGRAM FOR THE PROJECT KNOWN AS BRUGHELLI EASEMENT ACQUISITION WHEREAS, the Legislature of the State of California has established the Farmland Conservancy Program within the Department of Conservation, and through said program is providing assistance to conserve important agricultural land resources that are subject to conversion pressures; and WHEREAS, the City of San Luis Obispo intends to acquire agricultural conservation easements on one or more areas surrounding the City in cooperation with landowners for the purpose of conserving important agricultural resources; and WHEREAS, the City Council certifies that any easements obtained will meet the eligibility requirements set forth in Public Resources Code Section 10251 and incorporated herein by reference; and WHEREAS, an earlier application by the City of San Luis Obispo to the Farmland Conservancy Program and the Federal Farmland Protection Program was unsuccessful, but Farmland Conservancy Protection program staff have invited an amended application that the program could consider. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for grant assistance from the State Farmland Conservancy Program for the above project; and 2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Ewan, seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21st day of October, 2003. R 9491 Resolution No. 9491 (2003 Series) Page 2 ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: JonAtAaA5. Lowell City Attorney David F. Romero, Mayor �/jf��J y�J- j.��J�/� � Q J NAY W� r � {�ru GDD �2� O O RESOLUTION NO. 9490 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE VESTING TENTATIVE MAP FOR A RESIDENTIAL SUBDIVISION AT 1636 WOODLAND DRIVE, CREATING 23 RESIDENTIAL LOTS, AND ONE OPEN SPACE LOT TOTALING 27 ACRES (TR 11-01; COUNTY TRACT MAP NO. 2420) WHEREAS, the Planning Commission conducted a public hearing on August 27, 2003 and recommended approval of Vesting Tentative Tract Map 11 -01; and WHEREAS, the City Council conducted a public hearing on October 7, 2003 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the General Plan, the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the subdivision will not have a significant adverse impact on the environment, subject to the mitigation measures of the Final Environmental Impact Report (EIR), and listed in Exhibit "A" and `B ", being incorporated into the project, and the adopted mitigation monitoring program being followed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the certified Final EIR adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map 11 -01, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in an R -1 -S zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat due to mitigation measures designed into the project or added as conditions to the subdivision approval. R 9490 �l Resolution No. 9490 (2003 Series) Page 2 0 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The subdivision is in compliance with the Final Environmental Impact Report (EIR) certified by the City Council on October 7, 2003, and incorporating by reference the findings as contained in City Council Resolution No. 9489 (2003 Series). SECTION 3. Conditions. The tentative map for Tract 11 -01 (County Tract Map No. 2420) is approved subject to the following conditions and code requirements: Conditions Streets 1. Street improvements as shown on the vesting tentative map shall be constructed in accordance with the City regulations, Engineering Standards and Specifications in effect on the date the vesting map was deemed complete (March 1, 2001) which include integral curbs, gutters and sidewalks, full width street pavement, signing, striping, barricades, street lights, etc. 2: The final map shall accommodate the City - adopted street cross - sections for Woodland Drive (between Wilding Lane and Woodland Court) and for Wilding Lane. [16.45 m (54 ft) RIW and 10.4m (34 ft.) curb to curb and 1:5 m (5 ft.) wide detached sidewalks. 3. Any additional rights of way or easements needed on project streets to accommodate the Americans With Disabilities Act (ADA) sidewalk requirements behind driveway ramps shall be dedicated on the final map. 4. The proposed Wilding Lane right of way abandonment, as shown on the tentative map, is not approved. However, any "excess" right of way along Woodland Drive, between Wilding lane and Woodland Court will be abandoned as part of the final map .process, rather than under the California Streets & Highways Code procedures. 5. The subdivider shall provide necessary signage along the southern curb lines of Lizzie Court (except parking turnout) and Woodland Court. as "No Parking — Fire Lane," to the approval of the Public Works Director and Fire Marshall per City standards. 6. Common driveway and utility agreements are required for the three private driveways, to the satisfaction of the Community Development and Public Works Directors, per City standards and regulations. The driveways and utility extensions shall be done as subdivision improvement requirements. Concrete pavement is required for "common driveways" with greater than 1501b slope (unless approved otherwise by the Public Works Director and Chief Building Official) and individual driveways greater than 20% slope. Suitable turn around areas shall be provided to the satisfaction of the Community Development Director and Fire C' 10 Resolution No. 9490 (2003 Series) Page 3 Marshall. 7. The subdivider shall dedicate a 2111 wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 8. The subdivider shall dedicate a 3m wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 9. The subdivider shall install street lighting and, all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaires, etc.) per City standards, including off -site street lighting along roadways adjacent to the proposed development, as determined by the City Engineer. 10. Street trees are required along all public street frontages per City standards, to the satisfaction of the City Arborist, with building permits on the respective lots. Species are to be approved by the City Arborist and Natural Resources Manager (in creek areas) and consistent with the Master Subdivision Planting Plan to be approved by the Architectural Review Commission. 11. All tree removals necessary to construct the public streets, private driveways and grading certain rear yards adjacent to creeks, are subject to a master tree removal permit, to the satisfaction of the City Arborist. Tree removals have been identified on the Tree Removal Plan as identified in the EIR. All other trees within the development areas, not specifically approved for removal, shall remain and be protected during the construction process, to the satisfaction of the City Arborist:and Natural Resources Manager. 12. If the City Arborist determines any trees require safety pruning, all pruning shall be performed by a certified Arborist, to the satisfaction of the City Arborist. 13. The City and subdivider shall explore other alternatives to the parking arrangement for public access. Use of perpendicular parking either on the northerly or southerly, side of Lizzie Court may provide a superior parking arrangement that would help resolve possible neighborhood impacts. Final design shall be to the approval of the Natural Resources Manager and Public Works Director. Water, Sewer & Utilities 14. The subdivider shall be responsible for necessary adjustments to existing fire hydrants, public and private utility and drainage services and any other affected facilities within or adjacent to the proposed tract boundary, to the satisfaction of the Public Works and Utilities Directors. 15. Final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) shall be subject to change to the satisfaction of the Public Works Director and Utilities Engineer. Resolution No. 9490 (2003 Series) Page 4 K 16. The subdivider shall place underground, all existing overhead utilities adjacent to the tract boundary along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. Grading & Drainage 17. Any necessary clearing of existing creek and drainage channels within the tract boundary, including tree pruning or removals, and any necessary erosion repairs shall be to the satisfaction of the Public Works Director, the City's Natural Resources Manager and the Dept. of Fish & Game. 18. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Public Works Director. 19. Any required individual or common stormwater retention facilities shall be designed to the satisfaction of the Director of Public Works. All drainage facilities shall be maintained. If the use of underground retention or the creation of "common" or centralized drainage facilities is proposed, a Homeowners Association or other maintenance entity shall be formed. Mapping & Miscellaneous Requirements 20. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the Public Works Director. 21. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans &. record drawings; compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. 22. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. all record data shall be entered on the map in the record units; metric translations should be in parenthesis), to the approval of the City Engineer. Fire Department Requirements 23. Fire hydrants shall be installed to City standards; locations to be determined by the Fire Marshall during the subdivision improvement plan check process, in accordance with City 0 Resolution No. 9490 (2003 Series) Page 5 o regulations. Additional hydrants will be required at the end of Lizzie Court and near the intersection of Woodland Drive and Woodland Court. 24. The proposed fire hydrants shown on the tentative map, within Lot 23 and near Lot 12 shall be private and incorporated into the required common driveway and utility easements," which shall include an agreement for common maintenance and operation of the private fire line and hydrants, as well as, the driveway, to the satisfaction.of the Fire Marshall. Open Space 25. The open space lot shall be dedicated to the City as part of the final map.. 26. The swale in the northeast comer of Lot 14 shall be added to the open space lot. 27. The subdivider shall dedicate a biological open space easement over: • The area within Lots 8 -10 along the creek between the building envelopes and the southern boundary of the subdivision; and • The creek corridor between lots 4 -5. The purpose of this easement is to regulate vegetation activities and access for wildlife habitat and for fuel management purposes. 28. The final map shall show a pedestrian trail in the open space lot, extending east from Lizzie Court in the alignment shown on the vesting tentative m_ ap to provide access to other lands of the developer in the unincorporated area, where access has been permitted, and ultimately to City -owned lands further east. 29. Fencing along the trail within the project site around the sancivary, and delineating the biological easement areas will generally be wood rail. Those fences that form side or back yard boundaries adjacent to the open space, or that form the boundaries of the biological easement areas, shall be designed so that they will prevent ,dogs from getting out of the fenced areas and into open or protected areas. The specific design will be finalized as part of the subdivision improvement plans and subject to the approval of the Natural Resources Manager and Architectural Review Commission. The fence design and construction will be the responsibility of the subdivision developer. M. Informational signs about the sanctuary and other aspects of site shall be finalized as part of the trail and fence design plan identified in the above condition. Signage shall, be subject to the approval of the Natural Resources Manager and the responsibility of the subdivision developer to install. 31. The applicant shall submit plans .prepared by a licensed landscape architect and a qualified plant restoration ecologist for tree planting in accordance with the specifications detailed in 0 0 Resolution No. 9490 (2003 Series) Page 6 Mitigation Measure 3.3 -16 of the Final EIR. The Natural Resources Manager will require the use of bay trees along creek, and oaks and toyons elsewhere. The Master Tree Planting Plan will be subject to the approval of the Natural Resources Manager, City Arborist, and Architectural Review. Commission. Said plan shall be approved prior to acceptance of subdivision improvements. 32. Water from the existing cistern served by the existing spring requires adjudication; adjudication will (1) keep the diversions from the well no more than they are at this time and (2) a reasonable portion of said diversion will accrue_ to the benefit of the open space parcel to be dedicated to the public trust. Planning Requirements 33. Individual lot development shall be subject to the review and approval of the Architectural Review Commission (ARC). Planning staff may make the determination upon submittal of complete plans if the minor or incidental architectural review process is appropriate. 34. A 15 -foot street yard shall be allowed for homes .and a 20 -foot street yard for garages with doors facing the street 35. A 20 -foot rear yard setback shall be maintained along the southwesterly property line of lots 19 -21.. 36. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by the City Attorney and Community Development Director prior to final map approval.. CC &R's shall contain the following provisions that pertain to all lots: a. Creation of a homeowners' association. b. No parking except in approved, designated spaces. c. No change in city- required provisions of the CC &R's without prior City Council approval. d. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. e. Provision for those certain maintenance responsibilities for specific lots.outlined in the vanous.mitigation measures of the Final EIR. f. Provision for maintenance of any underground or common storinwater retention facilities. I Resolution No. 9490 (2003 Series) Page 7 g. Advising property owners that the project is located adjacent to a school facility including lighted sports fields and that occasional noise and glare may occur as a result of the School District's use of these facilities. A declaration to this effect shall also be included in the California Department of Real Estate documents alerting potential buyers to this situation. 37. The subdivider shall submit a common driveway agreement for hots 9 -12 and 13 -23, including maintenance provisions, to the approval of the Community Development Director at the time of final map approval: 38. 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. CODE REQUIREMENTS A. Traffic impact fees are required to be paid as a condition of issuance of building permits. B. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a "first -come, first- served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Both the Water and Wastewater Impact Fees are charged on a "per residential unit" basis. C. Each parcel is to have its own separate water and wastewater service laterals.. D. Plans shall . show an appropriately sized USC approved backflow prevention device at the end of each of the cul -de -sacs serving the private fire hydrants on the private driveways. E. An earlier version of the development plan indicated a looped connection between the two dead -end water mains. The dead -end water mains now being proposed with this project require the approval of both the Utilities Department and the Fire Department. City standards dictate that, if approved, the 8" diameter dead -end mains shall be no longer than 210 meters. F. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to address the recycling of construction waste for projects valued at over $50,000 or demolition of structures over 1000 square feet. The recycling plan shall be submitted to the Building Department with the building plans. The City's Solid Waste Coordinator can provide some guidance in the preparation of an appropriate recycling plan. G. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. rs Resolution No. 9490 (2003 Series) Page S N H. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require apermit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. I. The applicant shall pay an affordable housing in-lieu fee equal. to 5% of the total building valuation of the new dwelling units, consistent with Chapter 17.91 of the Zoning Regulations, prior to final subdivision map approval. On motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle NOES: Vice Mayor Mulholland ABSENT: Mayor Romero the foregoing resolution was passed and adopted this 7t` day of October 2003. Mayor David F. Romero ATTEST: it" N&IF Arm Lee City Clerk APPROVED AS TO FORM: Jd'tr,16m P. Lowell, City Attorney ENVIRONMENTAL CONSULTING, 186. - EXHIBIT A Memo Date September 16, 2003 To Ron Whisenand From Dain Anderson Subject Bowden Ranch Development Final Environmental Impact Report- Errata We have reviewed the comments expressed by the Planning Commission and the project proponent at the Commission's August 27" meeting.'Based on that review, we recommend modifications (errata) to Section 7 (Response to Comments) of the Final Environmental Impact Report (FEIR) for the Bowden Ranch Development. The following presents a brief summary introduction to the Response to Comments for the benefit of the reader INTRODUCTION Each comment letter received during the Draft EIR's review, including those comments received at the Planning Commission's August 27th meeting, is numbered according to the numbering system identified above (PC -X, A -X, P -X, and M -X). Each comment in each letter received has a number (PC -1). Responses are provided to each written comment. Where a response to a comment has been provided in another response, the reader is referred to the previous response. The CEQA Guidelines indicate that the Final EIR should receive and consider comments on the Draft EIR. This section presents responses to environmental issues raised regarding the environmental effects of the proposed project. Comments that state opinions about the overall merit of the project or comment on the project description are generally not responded to unless a specific environmental issue is raised within the context of the specific comment made. Comments on the project are referred to the decision -maker (City of San Luis Obispo). All changes to the Final EIR are described in the response and referenced by the page number on which the original text appears in the Final EIR. Added text is underlined: deleted text is striske�• PC SAN LUIS OBISPO PLANNING COMMISSION PC -60 Errata: The Commission expressed concern that the future residential units to be constructed at Bowden Ranch could potentially result in the generation of significant levels of night -time lighting, which could be considered a potentially significant impact. The following mitigation measure addresses that concern: OT eacn Inaivlaual lot. 4 west Fourth Avenue, Suite 303 San Mateo, California 94.402 TEL 650-373-1200 FAX 650. 373 -1211 E -MAIL mail @mha- inc.com www.mha-iiic.com Page 2 Ron Whisenand September 16, 2003 PC-61 Errata: The Commission expressed concern that the community may not know what to do or who to -call should there be significant levels of dust generated- during grading activities associated with the project's initial development. The FEIR includes mitigation measures designed to minimize the generation of fugitive dust in accordance with recommendations of the San Luis Obispo air Pollution Control District. To further enforcement of those measures, the Commission recommended addition of either a new mitigation measure or modification of an existing measure designed to provide enforcement information to the community, as follows: Mitigation Measure 3.2 -1. Prior to issuance of the Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the air. Pollution Control District for review and approval a plan for the control of fugitive dust during and after construction. The plan shall include, but not be limited to, the following measures: • To the extent possible, minimization of the amount of area disturbed during construction. • Limitation of construction vehicles. • The speed of all construction vehicles shall not exceed 15 mph on any unpaved surface. • Should airborne dust be observed to leave the construction site area, water from water trucks or another source shall be applied in sufficient quantities to reduce those emissions. To the uistnct. PC-62 Errata: The Planning Commission commented that there may be opportunities to refine the proposed alignments of all on* site roadways to further minimize encroachment into existing on -site tree stands and _areas of biological resources. The following mitigation measure addresses that opportunity: Page 3 Ron Whisenand September 16, 2003 AP3 OASIS LANDSCAPE, ARCHITECTURE AND PLANNING AP3-29 Errata: The project proponent commented thatthe language of Mitigation Measure 3.10 -3 could be interpreted as assuming that construction of the Bowden Ranch project would affect the structural integrity of the La Loma Adobe. This was not the intent of the Measure, which has been modified as follows to reflect the potential affect and to identify a strategy to ensure the Adobe's protection (NOTE: Mitigation Measure 3.10 -3 was newly added with publication of the FEIR. Only changes to that Measure are reflected below): Mitigation Measure 3.10 -3: Prior to the first ground disturbing activity on the project site the applicant shall.fund art structural engineering analysis of the La Loma Adobe_ fer 4 e expFess purpose of the analysis would be shall'be implemented prior to any ground disturbing activities Exhibit B Mitigation Monitoring and Reporting Program Impact Aesthetics Potential Impact 3.14: Potential for adverse effect on a scenic vista. Mitigation Measure Mitigation Measure.3.1 -1. Prior to the start of any grading and concurrent with submittal of improvement plans, the applicant shall submit to the Director of Community Development for review and approvals Landscape Screening Plan that illustrates the introduction of landscape materials to help obscure views of the project from areas to the north and west. A goal of the plan shall be to provide partial .screening of the project and to create a visual transition from the developed character of the site to the adjacent natural hillside. The Landscape- Screening Plan shall include the. following elements: • A minimum 30 -foot wide swath of native trees planted in a natural- appearing form along the northern perimeter of Lots 14 through 17, and Lots 20 and 21. This planting shall avoid the appearance of a linear row by undulating its vertical and Horizontal form and by mixing plant varieties. Native shrubs shall be included in the planting. Where this Mitigation Measure conflicts with the Fire Mariagement Plan, the applicant shall develop an alternative screening plan that achieves the same goal. The City shall have the sole responsibility to determine if this Measure and the Fire Management Plan are in conflict and to adjudicate the adequacy of an alternative screening plan. • Trees shall be planted within the interior of the project along all proposed roadways and access easements. The trees shall be planted after all project grading is complete and prior to acceptance of public improvement and building permit issuance. The applicant shall maintain trees for one year after the project is completed, or until the fronting lots have, been sold and the homes. occupied, whichever occurs last. • A long -term maintenance program that describes maintenance responsibilities, protection measures, guaranteed access to the planting areas, and vegetation replacement measures shall be Monitor Director of Community Development Bowden Ranch Development; Mitigation Monitoring and Reporting 1 October 2003 O Impact Mitigation Measure developed. The program shall be incorporated as part of the development CC &Rs. • A proposed strategy that ensures the long -term survival and preservation of the planting. The proposal strategy shall consider mechanisms such as easements, deed restrictions, reconfiguring of lot lines, homeowner associations, and public dedication as a means to guarantee the success of the planting. The strategy shall avoid placing the responsibility of long- term maintenance in the hands of the individual property owners. Mitigation Measure 3.1 -2. Prior to issuance of the Grading Permit the applicant shall submit to the Director of Community Developmentfor review and approval subdivision improvement plans and utility plans that demonstrate that the proposed placement of utilities and drainage structures and channels do not conflict with or preclude implementation of the proposed planting plan required in Mitigation Measure.1.1 -1. The improvement plans shall place all drainage conveyance systems underground to the greatest extent possible. If above- surface channels and retention areas are unavoidable, grass -lined channels, natural materials, and colored surfaces shall be used to reduce visibility. Mitigation Measure 3.1 -3. Prior to recordation of the. Final Map, the applicant shall submit to the Director of Community Development for review and approval language to be recorded against each lot as a Deed Restriction. This language shall state that future development of each of the lots require that site grading be minimized to the greatest extent possible: Floor elevations should generally follow the natural landform. Stepped foundations, drilled -pier and grade beams, and other methods shall be used to minimize grading and reduce hillside scarring. Unavoidable grading shall be contour - graded where possible to avoid engineered, angular landforms. Mitigation Measure 3.1-6. Improvement plans shall demonstrate that site development grading for roads, access easements, utilities, drainage, and other project features is minimized to the greatest extent possible. Required grading shall be contour- graded where possible to avoid engineered, angular landforms: All disturbed areas shall be vegetated with appropriate seed or other Monitor Director of Community Development and City Engineer Director of Community Development Director of Community Development and City Engineer 2 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Monitor plants to reduce erosion and to blend with the surroundings, and shall be consistent with applicable biological resource mitigation. Mitigation Measure 3.1 -5. Prior to Director of Community recordation of the Final Map, the applicant Development shall submit to the Director of Community Development for review and approval language to be incorporated into a Deed Restriction for each of the lots and the project - wide Covenants, Codes, and Restrictions (CC &Rs). This language shall disclose that prior to issuance of building permits for each of the lots respective builders that the applicant shall submit an application for and receive approval of an Administrative Use Permit and architectural review. The Deed Restriction or project CC &Rs shall state that City review of elevations is required and shall outline the parameters specified below. Review shall include any proposed retaining walls. The elevations shall show at a minimum forms, dimensions, exterior finish materials and c_ olors, as follows: • Roofs shall be articulated and follow the general shapes of the hills and avoid flat planes which project against the background in long straight lines or acute angles which may be considered intrusive to the existing natural character of the hills and vegetation,. • Building colors shall be similar to surrounding natural colors and no brighter than a value of 6 in chroma and on the MunselLColor Chart. • Exterior wall colors shall be limited to muted earth tones. The use of white paint .shall be prohibited. • Roof colors shall be limited to deep, muted earth tones, deep muted reds, browns, and grays and no brighter than a value of 6 in chroma and on the Munsell Color Scale Chart. Shiny metal roofs, or roofs colored bright orange, red or blue shall be prohibited. • Retaining walls shall be similar in color to adjacent natural soil Color and shall include landscaping if possible to reduce visibility. Mitigation Measure 3.1-6. Prior to Director of Community recordation of the Final Map, the applicant Development shall submit to the Director of Community Development for review and approval language to be incorporated into a Deed Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 o impact Mitigation Measure Monitor Restriction for each of the lots and the project - wide Covenants, Codes, and Restrictions (CC &Rs). This language shall require that lot- specific landscape plans be submitted as part of the Administrative Use.Permit and Architectural Review application for each individual lot. The Deed Restriction and project CC &Rs shall outline the parameters specified below. The.following requirements apply to all lots: Existing trees and vegetation shall be preserved to the maximum extent possible and shall adequately blend the new.development, including driveways and outbuildings, to the existing landscape. • Irrigated turf areas shall not be allowed under.the root lone of oak trees (The outer edge of the root zone is one and one -half times the distance from the trunk to the drip -line of the tree). In addition, the following - requirements apply to Lots 13 through N. • The.plans shall delineate all proposed fencing. Fencing shall not be constructed of solid, flat planes. Fence colors shall be similarto surrounding natural colors and no brighter than a value of 6 in chroma and on the Munsell Color Scale. White . paint or other white materials shall be prohibited. • Palm trees and Italian Cypress are prohibited. Mitigation Measure 3.1 -7. Prior to Director of Community recordation of the Final Map, the applicant Development shall submit - t ' o the Director of Community Development for review and approval language to be incorporated into a Deed Restriction for each of the lots and the project wide Covenants, Codes, and Restrictions (CC &Rs):This language shall require that prior to issuance of building permits for Lots 13 through 23 the applicant shall submit a lighting plan to the Director of Community Development for review and approval. The Deed Restriction and project CC &Rs shall state that City review of the lighting plan is required and that the point source, of all exterior lighting shall be shielded from views to the north and west. Potential Impact 3.1 -3: Potential for Mitigation Measure 11 -8. Prior to Director of Community degradation of the visual character or recordation of the Final Map and approval of Development 4 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 O O Impact Mitigation Measure quality of the site. Improvement Plans, the applicant shall submit with the Improvement Plans a landscape and revegetation plan which includes landscape materials to help obscure views of the project from areas within and near the site. The landscape plan shall be in conjunction with Mitigation Measure 1.1 -1 and shall include the following: Air Quality Potential Impact 3.2 -1: The potential to generate a nuisance or increase air emissions from on- and off -site sources associated with the project • Street trees shall be planted adjacent to the development along the project side(s) of Liaie Street, Liaie Court, Wilding Lane, Woodland Drive, and Woodland Court. Street trees shall be spaced at irregular intervals in keeping with naturally occurring vegetation patterns. Trees planted along Liaie Street shall be compatible with any applicable cultural resource mitigation measures regarding the historic setting of the La Loma Adobe. • A revegetation plan shall be prepared for the undeveloped portions of the site. The plan shall address the long -term rehabilitation of the creek areas to a more natural state, be consistent with any historic plantings on the site, and maintain the skyline value of the existing tree mass as seen from off -site locations. The revegetation plan shall be a collaborative effort balancing resources such as aesthetics, biology and habitat, historic values, recreational hiking opportunities, erosion and sedimentation control, fire protection, storm water and flooding, maintenance and preservation. Mitigation Measure 3.1 -9. Prior to issuance of building permits for each lot, an exterior lighting shall be submitted to the Director of Community Development for review and approval. The plan shall indicate the use of low level lighting only. The plan shall also indicate the use of exterior lighting fixtures that are shielded so as to ensure that there is no glare off of each individual lot. Mitigation Measure 3.2 -1. Prior to issuance of the Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the Air Pollution Control District for review and approval a plan for the control of fugitive dust during and after construction. The plan shall include, but not be limited to, the following measures: • To the extent possible, minimization of the Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Monitor Development Director of Community Development Air Pollution Control District r 0 O Impact Mitigation Measure Monitor amount of area disturbed during construction. • Limitation of construction vehicles. • The speed of all construction vehicles shall not exceed 15 mph on any unpaved surface. • Should airborne dust be observed to leave the construction site area, water from water trucks or another source shall be applied in sufficient quantities to reduce those emissions. • The designation of a person or persons to monitor the dust control program and to order increased watering or other measures as necessary to prevent transport of dust offsite. Their duties should include holiday and weekend periods when work may not be in progress. • The name and telephone number of such persons shall be provided to the APCD and all adjacent residents within 1,000 linear feet of the project site prior to the commencement of construction. Compliant handling procedures shall be identified. This shall include, but shall not be limited to the posting of signs at the project perimeters identifying the APCD as the enforcement agency and citing their address and telephone number, and further indicating that all complaints with regard to project related air quality shall be forwarded to the District. A daily dust observation log shall be completed and submitted weekly to the APCD and the Director of Community Development. Mitigation Measure 3.2 -2: Prior to the Air Pollution Control District issuance of a Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the Air Pollution Control District the name and telephone number of a designated person or persons to monitor the dust control program and order increased watering as necessary to prevent transport of dust off site. Their duties shall include holidays and weekend periods when work may not be in progress. Mitigation Measure 3.2 -3: All diesel powered Director of Community construction equipment, including mobile and Development stationary equipment, shall adhere to the following: Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 �l L� Impact Biological Resources Potential Impact 33 -1. Potential to directly impact sensitive habitats. Mitigation Measure All construction equipment shall be maintained in proper tune according to manufacturer's specifications. • All off -road and portable diesel - powered equipment shall be fueled with CARB- certified motor diesel fuel. • The use of diesel construction equipment meeting, as a minimum, the California Air Resources Board's 1996 certification standard for off -road heavy -duty diesel engines shall be maximized. Mitigation Measure 3.2-4: Prior to the issuance of a Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the Air Pollution Control District a project site geological evaluation. The study shall comply with the requirements of the Air Resources Board's Air Tonics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations. Alternatively, the applicant shall comply with the ATCM for dust control. Mitigation Measure 33 -1. The applicant shall offer to dedicate that portion of the property identified as `Open Space Lot ", as such lot is ultimately configured by the development approval process, to the City of San Luis Obispo, or to an entity designated by the. City of San Luis Obispo, for permanent conservation to protect serpentine bunchgrass grassland habitat, among other things. Mitigation Measure 3.3 -2. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval a revised Vesting Tentative Subdivision Map. The Vesting Tentative Map shall be revised to eliminate . encroachments into the creek setback areas defined by the City of San Luis Obispo's Creek Setback Ordinance, and into the identified wetland area on Lot 8 plus an appropriate buffer. Prior to recordation of the Final Map the applicant shall also submit to the Director of Community Development and the Natural Resources Manager for review and approval an Enhancement Plan for the drainage crossing Cots 4 and 5. This plan shall, at a minimum, indicate a grading, planting, and maintenance schedule.forthe drainage that would enhance the drainage by the addition of riparian plantings. This Enhancement Plan shall also Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Monitor Air Pollution Control District Director of Community Development Director of Community Development and Manager of Natural Resources Impact Mitigation Measure Monitor include the transplanting of spreading rush found on Lot 3 and elsewhere within the development envelope to appropriate locations within said drainage. Potential impact 3.3 -2. Potential to Mitigation Measure 3.3 -3 Prior to recordation Director of Community indirectly impact sensitive habitats of the Final Map, the applicant shall submit an Development Environmental Education and Awareness Program to the Director of Community Development for review and approval. The Program shall be recorded as a deed restriction against each of the individual lots. The applicant shall develop an Environmental Education and Awareness Program in consultation and coordination with the City to distribute to prospective project site residents. The program shall include a list of sensitive resources at and near the project site, the biological importance of these resources, their legal status and protection afforded under various acts and policies, and penalties for violations of the noted acts and policies. The program shall also stress the importance of resource avoidance and stewardship through trail fidelity and trail maintenance. The program shall be implemented at the time that individual lots are sold. Mitigation Measure 3.3-4. The applicant shall Manager of Natural Resources develop interpretive and restrictive use signage for the trail system linking the project site and Reservoir Canyon via the Santa Lucia Range. Signage shall summarize the items as part of Mitigation Measure 3.3 -3. The City shall install the signage at the time that project lots are sold. Appropriate fencing (e.g., split -rail) should also be considered to restrict off -trail usage and minimize impacts to sensitive habitat near trails. Mitigation Measure 3.3 -5. All construction Director of Community activity on lots 7, 9, 22, and 23 (adjacent to the Development butterfly over - wintering habitat) shall be avoided during the monarch over - wintering period of November through February. The over - wintering area should be managed as a natural biotic community complete with a normal complement of insects. Covenants, Codes, and Restrictions (CC &Rs) shall be developed by the applicant and recorded prior to the Final Map, in coordination with the City of San Luis Obispo, to minimize the impacts of pesticide and /or biocides on monarch habitat within individual lots during and after development. Potential Impact 33 -3. Potential to Mitigation Measure 3.3-6. The applicant shall Manager of Natural Resources directly impact sensitive plant species work with a qualified restoration specialist, in B Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 C Impact directly impact sensitive plant species Potential Impact 3.3 -4. Potential to indirectly impact sensitive plant species. Potential Impact 33 -5. Potential to directly impact sensitive wildlife species. 0 Mitigation Measure coordination with the City, to identify potential off -site restoration sites for the propagation of San Luis Obispo County morning glory and Hoffmann's sanicle. Potential sites may include those open space areas containing physical characteristics appropriate for the species. Holland (2001) suggested a 3 to 1 mitigation ratio (e.g., plant for plant, or acre for acre) for San Luis Obispo County morning glory. Similar ratios may be acceptable for Hoffmann's sanicle. The applicant shall retain an approved restoration specialist to monitor the mitigation site for a period of 3 years. Terms and conditions of the off -site mitigation effort shall be detailed within a Mitigation and Monitoring Plan prepared by the applicant and approved by the City. Mitigation Measures 33 -3 and 33-4. Mitigation Measure 3.3 -7. Not more than 72 hours prior to the start of any on -site grading, a qualified wildlife biologist, approved by the City, shall trap and translocate woodrats from non - grassland habitats (riparian, oak woodland, scrub) to be graded. The qualified biologist shall determine receptor sites, with consideration given to habitat suitability and proximity to the project site. Animals may be held in captivity, at the discretion of the qualified biologist, until such time that site grading is complete. Animals would then be released to the project site within suitable habitat, as determined by the qualified biologist. Mitigation Measure 3.3-8. Not more than one week prior to the start of any on -site construction, the applicant shall retain a qualified biologist, approved by the City, to conduct a nighttime survey for CRLF within those portions of the project site planned for disturbance (Le., grading). If CRLF are found within the planned project site disturbance areas during the survey, the applicant shall not proceed with site development until such time that the USFWS has been contacted, consulted, and all recommendations of the USFWS implemented to mitigate impacts to the species. Measures required by the USFWS to mitigate potential impacts to CRLF and /or CRLF habitat might include avoidance, seasonal activity restrictions, or on -site habitat enhancement or protection or off -site habitat acquisition and /or enhancement. Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Monitor Director of Community Development and Manager of Natural Resources Manager of Natural Resources Manager of Natural Resources Impact Mitigation Measure . Mitigation Measure 3.3 -9. Not more than one week prior to the start of any on -site construction, the applicant shall retain a qualified biologist, approved by the City, to conduct a survey for western spadefoot toads within those portions of the project site planned for disturbance (i.e., grading). If toads are found within the planned project site disturbance areas during the survey, the applicant shall not proceed with site development until such time that the CDFG has been contacted, consulted, and all recommendations of the CDFG implemented to mitigate impacts to the species. Measures required by the CDFG to mitigate potential impacts to toad and /or toad habitat might include avoidance, seasonal activity restrictions, or on -site habitat enhancement or protection or off -site ha_ bitatacquisition and /or enhancement. Mitigation Measure 3.3 -10. If any on -site grading is to occur within the months of March through mid- August, the applicant shall retain a qualified biologist approved by the City, to conduct pre - construction surveys for nesting birds within the project site no more than 1 week prior to planned grading. All active nests found shall be marked (flagged, staked) by the biologist. Nests shall not be directly disturbed (e.g.; by grading within a certain proximity of tree removals) until such time that nestlings have Fledged from (left) the nest, as determined by the monitoring biologist Mitigation Measure 34-11. If project site tree_ removal is to occur within the months of January through August, the applicant shall retain a qualified biologist to conduct pre - construction surveys for nesting birds within :the trees to be removed.. All.trees supporting active nests shall be clearly flagged by the qualified biologist These trees may not be removed until such time that the qualified biologist determines that the nest is no longer active, and that nestlings have fledged from the nest. Mitigation Measure 3:_3.12. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval a revised Vesting Tentative Subdivision Map. The Map shall be revised to completely avoid the locations of live MSS, MSS shell fragments, and MSS habitat, together with appropriate buffers to protect these areas and ensure their connection to the Open Space of the project Monitor Manager of Natural Resources Manager of Natural Resources Manager of Natural Resources Manager of Natural Resources 10 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 O Impact Mitigation Measure Monitor for MSS dispersal purposes. The Vesting Tentative Subdivision Map shall also be revised to identify portions of Lot 13 for use as MSS habitat and enhancement thereof. The feasibility of this mitigation shall be determined solely by the City of San Luis Obispo. However, prior to the onset of any clearing or grading activities, the applicant shall obtain any needed approvals from the United States Fish and Wildlife Service, and submit evidence of said permit(s) to the Director of Community Development. Mitigation Measure 3.3-13. Covenants, Manager of Natural Resources Codes, and Restrictions (CC &Rs) shall be developed by the applicant and recorded prior to recordation of the final Map, in coordination with appropriate City of San Luis Obispo staff, a qualified biologist, and USFWS staff, to minimize the impacts of post - development land use and alteration, grassland mowing activities, and property -owner pesticide and /or biocide use, on MSS and MSS habitat within individual, project-site lots during and after development.. Mitigation Measure 33 -14. The applicant Manager of Natural Resources shall develop information on MSS for the Environmental Education and Awareness Program (identified in Mitigation Measure-3.3- 3) in consultation and coordination with the City and USFWS to distribute to prospective project site residents. Program information shall include information on MSS and MSS habitat at and near the project site, the biological importance of such resources, their legal status and protection afforded under various acts and policies, and penalties for violations of these noted acts and policies. This program shall also stress the importance of MSS and MSS habitat avoidance and stewardship through trail fidelity and trail maintenance. As part of Mitigation Measure 3.3-4, the applicant shall develop interpretive and restrictive use signage, which protects MSS and MSS habitat, for the trail system linking the project site and Reservoir Canyon via the Santa Lucia Range. The.Cityshall install the signage at the time that project lots are *sold. Appropriate fencing (e.g., split -rail) should also be considered to restrict off -trail usage and minimize impacts to MSS and MSS habitat near trails. Mitigation Measure 3.3 -15. Prior to Manager of Natural Resources recordation of the Final Map, and as part of Bowden Ranch Development Mitigation Monitoring and Reporting 11 October 2003 Impact Mitigation Measure Monitor Mitigation Measures 3.3 -3 and 3.3-4, the applicant shall submit the Environmental Education and Awareness Program information and M55 signage information to the Director of Community Development for review and approval. This program shall be implemented at the time individual lots are sold. Potential Impact 3.3-6. Potential to Mitigation Measures 3.3 -3, 3.3-4,3.3=S, 33- Director of Community indirectly impact sensitive wildlife 14. Development and Manager of species. Natural Resources Potential Impact 13-7. Potential to Mitigation Measure 3.3 -16. Prior to Director of Community directly impact on -site trees: recordation of the Final Map the applicant shall Development and Manager of submit to the Director of Community Natural Resources Mitigation Measure 3.3 -19. Excavation, Development for review and approval a tree inrlurlinn trpnrhinn and hnrinn. shall not hp r)cvpinnmpnt anri Mananpr of mitigation plan.,The tree mitigation plan shall identifying a palette, planting locations and methods, and specifying monitoring and contingency measures. The plan shall identify the replanting of a. minimum of 140 individual trees and shrubs on the project site of indigenous species suited for the site conditions. The palette may include, but shall not be limited to, western sycamore, coast live oak, and California bay. This measure is supported by the applicant's proposed mitigation of the planned removal of a minimum of 48 trees. The timing of replacement planting shall be as approved by the.Director of Community Development. Mitigation Measure 3.3 -17. Prior to any Director of Community ground disturbing activity within the project Development and Manager of site, the applicant shall erect exclosure fencing Natural Resources around all significant trees (defined here as all native trees in excess of 3 inches dbh) with a reasonable chance for damage during site development. The trees to be saved shall also be marked by a qualified biologist. Fencing shall be highly visible (e.g.. orange snow fence or similar), and shall completely encircle. the drip line (Le., lateral extent of tree's leaves) of each fenced tree. No vehicular trafficor construction equipment shall be allowed within any of the exclosed areas. Mitigation Measure 3.3 -18. The applicant Director of Community shall retain a qualified biologist, botanist, or Development and Manager of arb6dst to periodically inspect the form and Natural Resource_ s function of each erected exclosure fence required by.Mitigmion Measure 3.3 =17. The qualified biologist, botanist, or arborist shall have the authority to require the applicant's contractor to repair or reconfigure enclosure fencing to best protect tree resources. Mitigation Measure 3.3 -19. Excavation, Director of Community inrlurlinn trpnrhinn and hnrinn. shall not hp r)cvpinnmpnt anri Mananpr of 12 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 N Impact Cultural Resources Mitigation Measure Monitor including trenching and boring, shall not be Development and Manager of allowed within the enclosed areas of significant Natural Resources trees. Mitigation Measure 33 -20. If Mitigation Measure 3.3 -18 and 3.3 -19 are not feasible, the applicant (or contractor) shall minimize root zone and other tree impacts within enclosure zones by implementing the mitigation measures and best management practices detailed by Holland et al. (2000). Recommendations include: • Boring through rootzones, ratherthan trenching; • Minimizing the number of trenches; • Conserving topsoil for replacement following site work, • Irrigating trees prior to root zone work; • Temporarily covering exposed roots with wet burlap; • Cutting rather than ripping tree roots; • Preserving drainage patterns around trees. The feasibility of Mitigation Measure 3.3 -20 shall be determined solely by the City. Mitigation Measure 33 -21. Prior to recordation of the Final Map the applicant shall submit to the Director of community Development Covenants, Codes, and Restrictions (CC &Rs). The CC &Rs shall be recorded concurrently with the Final Map and shall include provisions to ensure protection of significant tree resources within individual lots during and after all construction activities. Mitigation Measure 33 -22. Prior to recordation of the Final Map the applicant shall submit a revised tentative subdivision map to the Director of Community Development. The revised map shall reflect a refinement of the alignment of all on -site roadways to minimize to the extent possible the roadways' encroachment into existing tree stands and areas of biological resources. Director of Community Development and Manager of Natural Resources Director of Community Development and Manager of Natural Resources Director of Community Development and Manager of Natural Resources Potential Impact 3.41. Potential to Mitigation Measure 3.4-1. All design —level Director of Community disturb, destroy, or adversely affect the engineering and construction drawings shall Development integrity of cultural (prehistoric, be prepared in consultation with an historic) resources on or adjacent to the archaeologist, acceptable to the City. Facilities, project site. staging areas, and any activity involving Bowden Ranch Development Mitigation Monitoring and Reporting 13 October 2003 0 Impact Mitigation Measure project site. ground disturbance shall be located to avoid resources determined to be significant. To ensure that no inadvertent damage occurs to cultural resources, the cultural resource boundaries shall be marked as exclusion zones both on construction drawings and on the ground. Construction supervisory personnel shall be notified of the existence of these resources and shall be required to keep personnel and equipment away from these areas. The qualified archaeologist, acceptable to the City, shall be notified prior to initiation of construction activities. Periodic monitoring of cultural resources to be avoided shall be completed by the qualified archeologist to ensure that no inadvertent damage to the resources occurs as a result of construction or construction- related activities. The timing and frequency of this monitoring shall be at the discretion of the qualified archaeologist. Mitigation Measure 3.42. The Gibson Report, an archaeological survey, was prepared for the proposed project and recommended, "a historic archaeologist ...review the grading plans and possibly conduct archaeological monitoring during grading. Historic review, documentation including photographs and mapping will need to be done prior to grading [accomplished by Chattel Report]. The historic review may also identify areas where archaeological monitoring may be necessary of construction grading" (Gibson Report, page 6). The Gibson Report continues: In the rare event, if during construction excavation, any intact prehistoric or historic cultural materials are unearthed, work in that area should halt until they can be examined by a qualified archaeologist and appropriate recommendations made as outlined in California Environmental Quality Act of 1970. In such an event, contact the San Luis Obispo City Planning Department or a qualified historic archaeologist Mitigation Measure 3.4-3. If feasible, road sections, including street width, curb, gutter and sidewalk, should be designed to preserve and enhance the rural character of the existing project site. Use of the narrowest possible, asphalt -paved road width, rolled concrete curb - and - gutter, and elimination of sidewalks further addresses potential impacts to the setting of the La Loma Adobe by retaining, to the extent feasible, the rural character of the N Monitor Director of Community Development Director of Community Development 14 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 C Impact Energy and Minerals Potential Impact 3.5 -1. The potential to conflict with adopted energy conservation plans. Potential Impact 35 -2- The potential to use non - renewable resources in a wasteful and inefficient manner. Geology, soils, and seismicity Mitigation Measure existing project site. Monitor Mitigation Measure 3.5 -1: Landscaping plans Director of Community for individual lots shall include shade trees Development along the southwestern side of the houses to reduce summer cooling needs. In addition, the following measures would be taken: a. All glazing shall be dual - paned. b. Wall and ceiling insulation shall exceed Title 24 energy standards to the satisfaction of the Community Development Director.. c. Appliances; furnaces,. water heaters, and lighting shall be high- efficiency and energy conserving to the satisfaction of the.Director of Community Development: d. The project shall use energy efficient lighting. Mitigation Measure 35 -1. Director of Community Development Potential Impact 3.6-1. The exposure Mitigation Measure 3.6-1. Groundshaking City Engineer of people or structures to potential hazards to people, structures, and property substantial adverse geologic or soil cannot be eliminated; however, they can be effects, including risk of loss, injury, or reduced through implementation of the death. following mitigation: • Cut and fill operations at the project site shall be consistent with all recommendations made by the project geotechnical engineer, and City regulations. Only clean material recommended and approved by the geotechnical engineer and approved by the City shall be used. • Structures shall be designed in accordance with all building design requirements as established by the Uniform Building Code (UBC) of 1997, Which has been adopted by the City of San Luis Obispo in the Building and Construction Ordinance, Title 15, Chapters 15.02 & 15.04.' • Design and construction of foundations and paved areas shall conform to all relevant "seismic regulations and recommendations made by state - licensed civil, geotechnical, and structural Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure engineers for the specific project. • New utilities shall be designed to withstand the expected ground motion of an earthquake in the vicinity of the project site. Potential Impact 3.62, The potential Mitigation Measure 3.6=2. Erosion control for substantial soil erosion. Best Management Practices (BMPs) must be implemented "during the construction period to prevent extensive soil erosion and loss of topsoil during the construction period. Erosion control BMPs are required under the statewide National Pollutant Discharge Elimination System (NPDES) General Construction Permit. NPDES permit requirements are further described in Section 3.8, Hydrology, of this EIR. Erosion control practices to be implemented during the construction period include the prohibition of grading and earthwork during the wet season (typically October 15 through April 15) and the utilization of soil stabilization techniques such as photodegradable erosion control blankets and hydro seeding. The Measure shall be implemented in conjunction with Mitigation Measure 3.6 -1. Mitigation Measure 3.63. Immediately following construction of all subdivision improvements, all remaining bare areas with exposed soils shall be planted with glass or appropriate vegetation to promote the natural stabilization of site soils and reduce soil loss.. For purposes of this mitigation measure site improvements include rough grading, installation of all utility and infrastructure systems, and construction of all streets and sidewalks. Potential Impact 3.63. The potential Mitigation Measure 3.64. Foundations, construction of buildings and pavement, and sidewalks shall be designed in structures atop expansive soils. accordance with all recommendations made by the project soil engineer and geotechnical engineer Including the placement of non- expansive material beneath slabs and increasing the depth and reinforcement of foundation elements. Potential Impact 3.64. The potential Mitigation Measure 3.65: Foundations, construction of buildings or structures pavements; underground utilities, and atop settlement -prone soils. sidewalks shall be constructed in accordance with all recommendations made by project soils and geotechnical engineers. Recommendations made in the project Soils Engineering report include the complete removal of all fill material and the recompaction of building and improvement areas prior to construction. �J Monitor City Engineer Director of Community Development and City Engineer City Engineer City Engineer 16 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Hazards and Hazardous Materials Potential Impact 3.7 -1. The potential to cause injury or harm to employees or the public from construction operations at the site, including operation of construction equipment, movement of soil, and public access construction areas. Mitigation Measure 3.7 -1. Prior to issuance of City Engineer the Grading Permit the applicant shall submit to the Director of Community Development for review and approval a site construction safety plan. The purpose of the plan shall be to ensure public safety during all phases of project construction through: • The installation of safety signage, placed as appropriate within the project are that warns of risks associated with on -site construction activities and outlines measures to be taken to ensure safe use of on -site trails near construction areas and avoidance of active construction equipment • The installation of temporary safety fencing to restrict or prevent public access to active on -site construction sites or equipment, as well as to "funnel" hikers directly to hillside trails and tail access points • Appropriate methods (e.g., Best Management Practices) and approved containment and spill -control practices (e.g., spill control plan) for construction chemical and materials on -site • Safety signage, placed as appropriate within the project area, that warns of risks associated with on -site construction materials and outlines measures to be taken to ensure safe use of on -site trails near constructioh areas and avoidance of construction materials t Temporary safety fencing to restrict or prevent public access to active on -site construction materials of chemicals, as well as to 'funnel' hikers directly to hillside trails and trail access points Monitor Bowden Ranch Development Mitigation Monitoring and Reporting 17 October 2003 • The temporary restriction of public access to site trails when heavy equipment is being used or particularly dangerous construction operations are being conducted Potential Impact 3.7 -2. The potential Mitigation Measure 3.7 -2. Prior to issuance of City Engineer to cause injury or harm to employees, the Grading Permit the applicant shall submit the public or the environment from to the Director of Community Development for construction activities which may review and approval a safety plan. The purpose release, hazardous substances that may of the plan is to minimize the exposure of the be already present in the soils at the public to potentially hazardous materials project site. during all phases of project construction through: • Appropriate methods (e.g., Best Management Practices) and approved containment and spill -control practices (e.g., spill control plan) for construction chemical and materials on -site • Safety signage, placed as appropriate within the project area, that warns of risks associated with on -site construction materials and outlines measures to be taken to ensure safe use of on -site trails near constructioh areas and avoidance of construction materials t Temporary safety fencing to restrict or prevent public access to active on -site construction materials of chemicals, as well as to 'funnel' hikers directly to hillside trails and trail access points Monitor Bowden Ranch Development Mitigation Monitoring and Reporting 17 October 2003 Impact Potential Impact 3.7-4. Potential to increase the risk to project site homes and homeowners from failing trees and tree limbs. Hydrology and Water Quality Potential Impact 3.8-1. Alterations in drainage patterns and grading during the construction period could result in construction- related erosion problems. Mitigation Measure . • Temporary restriction of public access to site trails when fueling or chemicals are in use Mitigation Measure 3.7 -3. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development, for review and approval a copy of the proposed Covenants, Codes, and Restrictions (CC &Rs) for the project. The CC &Rs shall include a provision for the on -going minimization of on -site dangers from falling trees and tree limbs. On -going minimization of on -site dangers from falling tees and tree limbs shall' be the responsibility of the projects homeowners' association. Mitigation Measure 3.8-1. Prior to issuance of the Grading Permit or approval of improvement plans, the applicant shall submit to the Director of Public Works for review and approval a detailed erosion control plan (ECP) to mitigate erosion and sedimentation impacts during the construction period. The detailed ECP shall be accompanied by a written narrative and be approved by the Director of Public Works. At a minimum, the ECP and written narrative should include the following: • A proposed schedule of grading activities, monitoring, and infrastructure milestones in chronological format, • Identification of critical areas of high erodibility potential and/or unstable slopes; • Soil stabilization techniques-such as short - term biodegradable erosion control blankets and hydroseeding should be utilized. Silt fences should be installed . downslope of all graded slopes. Straw wattles or another appropriate 1§14P should be installed in the flow path of graded areas receiving concentrated flows, as well as around storm drain inlets; Description of erosion control measures on slopes, lots, and streets; • Contour and spot elevations indicating runoff patterns before and after grading; Filter systems at catch basins (drop inlets) in public streets as a means of sediment. control; and • The post - construction inspection of all drainage facilities for accumulated Monitor Director of Community Development City Engineer 18 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 C, Impact Mitigation Measure Monitor sediment, and the clearing of these drainage structures of debris and sediment. Mitigation Measure 3.8 -2. The applicant shall City Engineer comply with NPDES General Construction Activities Storm Water Permit Requirements established by the CWA. Pursuant to the NPDES Storm Water Program, an application for coverage under the statewide General Construction Activities Storm Water Permit (General Permit) must be obtained for project development. It is the responsibility of the project applicant to obtain coverage prior to site construction. The applicant can obtain coverage under the General Permit by filing a Notice of Intent (NOI) with the State Water Resource Control Board's (SWRCB) Division of Water Quality. The filing shall describe erosion control and storm water treatment measures to be implemented during and following construction and provide a schedule for monitoring performance. These BMPs would serve to control point and non - point source (NPS) pollutants in storm water and constitute the project's SWPPP for construction activities. While the SWPPP would include several of the same components as the ECP, the SWPPP would also include BMPs for preventing the discharge of other NIPS pollutants besides sediment (such as paint, concrete, etc.) to downstream waters. Potential Impact 3.8 -2. Development Mitigation Measure 3.8 -3. Prior to City Engineer of the proposed project could result in recordation of the Final Map the applicant shall an increase in peak discharge at submit to the Director of Public Works for downstream drainage facilities. review and approval a plan to mitigate increases in peak discharge. All drainage improvements must be constructed in accordance with Section 7.2 of the City s Drainage Design Manual. The plan shall adhere to one of several design alternatives: Alternative 1: Improve the entrance to the Liaie Court culvert entrance so that 10 -year event or greater would not over top the culvert headwall and /or creek banks (this improvement is proposed by the project applicant). Alternative 2: Demonstrate with more detail to the City's satisfaction that individual detention tanks are appropriate on the site (this alternative is proposed by applicant). Alternative 3: Construct off- channel open detention basin(s) on the project site to reduce flows to the culvert entrance. These ponds differ from the individual detention tanks in Bowden Ranch Development Mitigation Monitoring and Reporting 19 October 2003 n t Impact Mitigation Measure Monitor that they capture runoff from several lots rather than just one, and are open as opposed to subsurface. The applicant shall confer with the Director of Public Works prior to preparation of the plan for the purpose of receiving specific direction regarding which alternative would be acceptable to the City. Alternative 1: Improve the Lime Court Storm Drainage Entrance Structure. The applicant has proposed raising the head wall at the Liaie Court culvert entrance to increase capacity. The 10 -year post project flow in Sub - basin C is 119 cfs (3.37 m' /sec). In order for the culvert entrance under inlet control conditions to carry this flow it has been estimated that the headwall must be raised a minimum of 1.5 feet on all sides of the creek. If possible the headwall should be raised between 2 and 3 feet to gain additional capacity and account for possible debris problems. The designfor the extension of the headwall shall be reviewed and approved by the City Public Works Department. Alternative 2: Demonstrate Viability of the Detention Tank System to the Qty. The detention tank system shall be designed in detail with the subdivision improvement plans and submitted to the City for approval. At a minimum, the detention tanks should have the following features: • All outlets for each tank shall be shown. A gravity line with a slope of no les "s than 1 percent must drain each tank. • Each tank must have an emergency spillway or outlet in case of clogging. • The tanks must be shown to have enough volume over the duration of longer period storms such as a 12 -hour rainfall event. • The applicant shall require that a legal document be recorded against each lot that relieves the City of San Luis Obispo from any maintenance or other responsibilities in the event that these systems fail and /or cause any flooding downstream. Alternative 3: Off Channel Open Detention Ponds.The off - channel open detention ponds would be constructed adjacent to proposed Lou 3, 4, and 5, and possibly within open space lot 24. The pond(s) would serve to temporarily 20 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 O Impact Mitigation Measure detain runoff and decrease peak discharge at downstream drainage facilities so that 25- year event does not overtop the existing channel bank or culvert headwall. The detention ponds may also function to improve water quality by allowing sediments and particulates to settle out of storm water prior to discharge to downstream drainage facilities (please refer to Impact 3.8-3 and Mitigation Measure 3.8-4 for more details on the water quality aspects of the ponds). The detention ponds shall be designed to comply with applicable City drainage design standards and at a minimum have the following features: • Each pond should include an outlet structure to allow the basin to drain completely within 24 hours. • Each pond shall be designed with an emergency spillway that can pass the 100 - year storm event with 1 -foot freeboard between the design water surface elevation and the top of the embankment. • The detention ponds shall be elongated to maximize the flow length between inlet City Engineer Monitor Bowden Ranch Development Mitigation Monitoring and Reporting 21 October 2003 and outlet structures. • The ponds shall be designed to prevent frequent re"suspension of deposited sediments and have a storage volume sufficient to detain average seasonal flows for about five minutes. • All storm drain outfalls shall be equipped with energy dissipaters to avoid erosion of the ponds. • The ponds shall be planted with grass or appropriate emergent vegetation. • An easement reservation for the homeowners association would be necessary to ensure maintenance access. Poteintial Impact 3.8 -3. Project Mitigation Measure 3.8-4. It is recommended development could result in an that storm water detention ponds, rather than increase in non -point source (NPS) underground detention tanks, be incorporated Pollutants to receiving waters. into the project drainage system (Mitigation Measure 3.8 -3). These ponds should be designed to improve water quality by allowing sediments and particulates to settle prior to discharging to downstream waterways. By detaining runoff, the detention ponds would allow for some pollutant removal through infiltration and vegetative uptake. Many pollutants in storm water, including lead, copper, zinc, phosphorus, and hydrocarbons are associated with sediment and fine particulates. Thus; the ability of a storm water City Engineer Monitor Bowden Ranch Development Mitigation Monitoring and Reporting 21 October 2003 Impact Mitigation Measure practice to remove many nutrients, trace metals, and hydrocarbons is largely related to its ability to remove suspended sediment and particulates. Refer to Mitigation Measure 3.8 -3 for general detention pond design guidelines. Mitigation Measure 3.8-5. Prior to issuance of the Grading Permit_the applicant shall submit to the Director of Public Works for review and approval plan that incorporates grassed swales (biofilters) into the project drainage system for runoff conveyance and filtering of pollutants. The preliminary project grading and drainage plan indicates that runoff would be conveyed from each parcel to roadside ditches via a series of drainage swales. Rather than have concrete drainage swales to transport the, runoff to roadside ditches, these swales shall be lined with grass or appropriate vegetation to encourage the biofltration of sediment, phosphorus, trace metals, and petroleum from runoff prior to discharge into the formal drainage network. General design guidelines relevant to optimizing the pollutant removal mechanisms of grassed swales are: 1) a dense, uniform growth of fine- stemmed herbaceous plants for optimal filtering of pollutants; 2) vegetation that is tolerant to the water, climatological, and soil conditions of the project site is preferred; 3) grassed swales that maximize water contact with the vegetation and soil surface have the potential to substantially improve removal rates, particularly of soluble pollutants; and 4) pollutant removal efficiency is increased as the flow path length is increased. General maintenance guidelines for bioflters are discussed in Mitigation Measure 3.8 -6. Mitigation Measure 3.8-6. Prior to issuance of the Grading Permit or approval of improvement plans, the applicant shall submit to the Director of Community Development and Director of Public Works for review and approval a long -term storm water pollution prevention plan (SWPPP) to 'protect storm water quality after the construction period. The SWPPP shall include the following additional BMPs to protect storm water quality: Proper maintenance of parking lots and other paved areas can eliminate the majority of litter and debris washing into storm drains and thus, entering local Waterways. Regular sweeping is a simple and effective BMP aimed at reducing the City Engineer City Engineer Monitor 22 Bowden Ranch Development Mitigation Monitoring and Repc October „nr n Impact Mitigation Measure Monitor amount of litter in storm drain inlets (to prevent clogging) and public waterways (for water quality). The project applicant shall enter into an agreement with the City of San Luis Obispo to ensure this maintenance is completed prior to approval of improvement plans or final maps. • Proper maintenance of biofilters is essential to maintain functionality. The maintenance of biofilters on the project site would be the responsibility of a homeowner's association for the proposed project. The homeowner .s association would be responsible for the following biofilter maintenance: 1) Regular mowing to promote growth and increase density and pollutant uptake (vegetative height should be no more than 8 inches, cuttings must be promptly removed and properly disposed of); 2) Removal; of sediments year -round when they build up to 6 inches at any spot, cover biofilter vegetation, or otherwise interfere with biofilter operation; and 3) Reseeding of biofilters as necessary, whenever maintenance or natural processes create barespots. • If storm water detention ponds or underground detention tanks are incorporated into the project drainage system, proper maintenance is necessary to ensure their effectiveness at preventing downstream drainage problems and promoting water quality. The . maintenance of the detention ponds or underground detention tanks would be. the responsibility of thehomeownees association. Necessary detention pond /tank maintenance includes: 1) Regular inspection during the wet season for sediment buildup and clogging of inlets and outlets; 2) Regular (approximately once a year) removal of basin sediment; and 3) if an open detention basin is used, mowing and maintenance of pond vegetation (replant or reseed as necessary to control erosion. Maintenance reports shall be submitted annually to City's Public Works Department • The applicant shall prepare informational literature and guidance on residential BMPs to rnininnize,pollutant contributions from the proposed development. This 1. Bowden Ranch Development Mitigation Monitoring and Reporting 23 October 2003 J; Impact Land Use and Planning Potential Impact 3.9-1: Potential to conflict with adopted policies of the General Plan. Mitigation Measure information shall be distributed to all residences at the project site. At a minimum the information should cover: t) General information on biofilters and detention ponds for residents concerning their purpose and importance of keeping them free of yard cuttings and leaf litter; 2) Proper disposal of household and commercial chemicals; 3) Proper use of landscaping chemicals; 4) Clean -up and appropriate disposal of yard cuttings and leaf litter; and 5) Prohibition of any washing and dumping of materials and chemicals into storm drains. Mitigation Measure 3.9-1. Prior to recordation of the final map the applicant shall submit to the Director of Community Development for review and approval a landscape plan for those portions of Lots 11 through 16. The plan shall provide for a landscape palette that ensures a gradual visual transition from the urban residential development to the adjacent open space on Lot 24. Installation and maintenance of the landscape materials identified in the plan shall be the responsibility of the future owners of the subject lots shall be governed by the project's Covenants, Codes, and Restrictions (CC&Rs) Mitigation Measure 3.9-2. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval language.for a deed restriction to be recorded against each of the residential lots. The Deed Restriction shall specifically allow the use of Class A rated materials only. Mitigation Measure 3.9=3. Prior to recordation of the final map the applicant shall submit to the Director of Community Development for review and approval language for a deed restriction to be recorded against each of the residential lot. The Deed Restriction shall specifically require the Provision of adequate defensible space around each of the homes to be built in accordance with the City s Fire Marshal. Monitor Director of Community Development Director of Community Development Director of Community Development and Fire Marshall Mitigation Measure 3.9-4. Prior to Director of Community recordation" of the final map the applicant shall Development submit to the Director of Community Development for review and approval a graphic depiction of building envelopes for 24 Bowden Ranch Development Mitigation Monitoring and Reporting October 2063 Impact Mitigation Measure Monitor each of the residential tots that includes or is adjacent to Eucalyptus trees. The map shall indicate that no buildings may be sited closer than 15 feet from the outside edge of the canopy of any Eucalyptus tree. Noise Potential Impact 3.101. Construction Mitigation Measure 3.10 -1. Construction- Director of Community noise at the project site. related noise impacts to sensitive.receptors at Development or near the project site would be.minimized and /or reduced using the following methods: Population and Housing Public Services Recreation Potential Impact 3.13 -1. The potential to increase the use of existing recreational facilities resulting in accelerated deterioration or the construction of recreational facilities that could result insignificant environmental effects. • Grading and construction work shall occur during the weekdays only and not on Saturday, Sunday, or holidays, consistent with established City ordinances. • Feasible, appropriate noise - reducing technology shall be used for on -site machinery and equipment. Mitigation Measure 3.10 -3. Prior to the first ground disturbing activity on the project site the applicant shall fund a structural engineering analysis of the La Loma Adobe. The purpose of the analysis would be to determine if there would be any possibility of ground borne vibration generated during grading and construction activities negatively affecting the;Adobe's pre - construction structural integrity. If the analysis were to conclude that grading and construction activities could damage the Adobe, then a plan to protect the Adobe shall be funded by the applicant, and shall be implemented prior to any ground disturbing activities. No potentially significant impacts. No potentially significant impacts. Mitigation Measure 3.13 -1. Prior to issuance of the Grading Permit the applicant shall submit Site Improvement Plans to the Director of Community Development for review and approval. Tlie Plans shall provide for temporary signage, to be.installed during active project construction and development operations, and permanent trail signage, which would Ise placed as appropriate in the project area. The signage would be posted at each of the informal trailheads or trail access points on Lizzie Street/CouM Wilding Lane, and Woodland Drive /Court and would: • Identify the tratlhead, access points, and trail path(s) ascending the foothills east of Director of Community Development Director of Community Development Bowden Ranch Development Mitigation Morntoring and Reporting 25 October 2003 Impact Transportation and Traffic Utilities and Service Systems Potential Impact 3.15 -2, Potential for constructed homes to have water pressure at a level lower than that required by the Uniform Building Code. Mitigation Measure the project site • Provide phone numbers and information for hiker use, including City Police, Fire, and Parks and Recreation Department contact phone numbers • Provide appropriate safety and emergency information for hiker use • Provide direction for responsible, safe, and quiet use and access of trails, including hours of operation • Provide info about avoiding and respecting on -site natural resources such as creek areas, wetlands, sensitive vegetation, animal nests and habitat • Describe the sensitive on -site wildlife, plant, and habitat resources, such as woodrat nests, wetlands areas, and monarch butterfly habitat Mitigation Measure 3.13 -2. Prior to issuance of the Grading Permit, the applicant shall submit to the Director of Community Development for review and approval Site. Improvement Plans. The Plans shall provide for the installation of small, environmentally friendly and /or neutral waste bins for hiker trash at the trailhead or trail access point(s), as well as at appropriate points along the trails accessing the foothills. The City (or community association) would be designated to collect garbage from these bins on a time schedule to be determined as part of a mitigation and monitoring plan. Mitigation Measure 3.13 -3. Prior to issuance of the Grading Permit the applicant shall submit to the Director of Community Development for review and approval Site Improvement Plans. The Plans shall provide for short-term bicycle parking at the trailheads or trail access points to encourage hikers to bike rather than drive to the site, and to alleviate vehicle- parking concerns. No'potentlally significant Impacts. Mitigation Measure 3.15 -1. Prior to recordation of the Final Map or prior to approval of improvement plans,.whichever occurs first, the applicant shall.submit to the Director of Community Development for review and approval a plan to ensure that a minimum of IS pounds per square inch (psi) of water pressure will be attained within all future homes to be constructed on the project site. All Monitor Director of Community Development Director of Community Development City Engineer 26 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Monitor fixtures in all homes at all floor levels must have a minimum of 15 psi. If required, individual pressure booster pumps shall be installed at each residential unit where the minimum 15 psi cannot be met using the City's water delivery system pressures. All booster pumps required by this mitigation measure must be permanently connected to PG&E electrical service or another reliable source of electricity. All booster pumps required by this mitigation measure must also have installed and maintained in operating condition an alternative, automatically. switched, electrical supply to take over during periods of PG &E or other reliable source system outages. Alternatively, if portions of homes cannot receive water at the minimum 40 psi, then those portions of the homes shall not be constructed. Bowden Ranch Development Mitigation Monitoring and Reporting 27 October 2003 �������:� Q o ��;� �� n C RESOLUTION NO. 9489 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE BOWDEN RANCH ESTATES PROJECT LOCATED AT 1636 WOODLAND DRIVE (ER 11 -01) WHEREAS, public hearings on this EIR were held before the Planning Commission on April 9, 2003 and August 27, 2003, and the City Council on October 7, 2003; and WHEREAS, the EIR, including EIR Errata dated September 16, 2003 (Exhibit A) was considered by the City Council after extensive review by City staff and other agencies, and with the comments of the Planning Commission and concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. BE IT RESOLVED by the City Council as follows: SECTION 1. Environmental -Determination. The City Council hereby certifies that the Final Environmental Impact Report for the Bowden Ranch Estates Subdivision adequately identifies the project's potentially significant impacts, alternatives to the proposed action, and recommended mitigation measures. SECTION 2. Findings. 1. The Final Elk was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each significant effect identified in the EIR under the categories of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy and Minerals, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, and Transportation and Traffic, the approved mitigation measures contained in the EIR and attached as Exhibit B, will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. R9489 Resolution No. 9489 (2003 Series) Page 2 4. The Mitigation.Monitoring.Program has been reviewed and approved by the City Council in conjunction with the certification of the Final EIR. SECTION 3. Effective October 7, 2003. On motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: APES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland NOES: None ABSENT: Mayor Romero the foregoing resolution was passed and adopted this 7t' day of October 2003. City Clerk . _ l } APPROVED AS TO FORM: Jona an P. Lowell, City Attorney Mayor David F. Romero I CaQ ENVIRONMENTAL CONSULTING, INC. Memo EXHIBIT A Date September 16, 2003 To Ron Whisenand From Dain Anderson Subject Bowden Ranch Development Final Environmental Impact Report - Errata We have reviewed the comments expressed by the Planning Commission and the project proponent at the Commission's August 27th meeting. Based on that review, we recommend modifications (errata) to Section 7 (Response to Comments) of the Final Environmental Impact Report (FEIR) for the Bowden Ranch Development: The following presents a brief summary introduction to the Response to Comments for the benefit of the reader: INTRODUCTION Each comment letter received during the Draft EIR's review, including those comments received at the Planning Commission's August 27th meeting, is numbered according to the numbering system identified above (PC -X, A -X, P -X, and M -X). Each comment in each letter received has A number (PC -1). Responses are provided to each written comment. Where a response to a comment has been provided in another response, the reader is referred to the previous response. The CEQA Guidelines indicate that the Final EIR should receive and consider comments on the Draft EIR. This section presents responses to environmental issues raised regarding the environmental effects of the proposed project. Comments that state opinions about the overall merit of the project or comment on the project description are generally not responded to unless a specific environmental issue is raised within the context of the specific comment made. Comments on the project are referred to the decision - maker (City of San Luis Obispo). All changes to the Final EIR are described in the response and referenced by the page number on which the original text appears in the Final EIR. Added text is underlined; deleted text is st4nkign PC SAN LUIS OBISPO PLANNING COMMISSION PC-60 Errata: The Commission expressed concern that the future residential units to be constructed at Bowden Ranch could potentially result in the generation of significant levels of night -time lighting, which could be considered a potentially significant impact. The following mitigation measure addresses that concem: 4 West Fourth Avenue, Suite 303 San Mateo, California 94402 TEL 650 -373 -1200 FAX 650 -373 -1211 E-MAILmail@mha-inc.com www.mha- inc.com �.. Page 2 Ron Whisenand September 16, 2003 PC-61 Errata: The Commission expressed concern that the community may not know what to do or who to call should there be significant levels of dust generated during grading activities associated with the project's initial development. The FEIR includes mitigation measures designed to minimize the generation of fugitive dust in accordance with recommendations of the San Luis Obispo air Pollution Control District. To further enforcement of those measures, the Commission recommended addition of either a new mitigation measure or modification of an existing measure designed to provide enforcement information to the community, as follows: Mitigation Measure 3.2 -1. Prior to issuance of the Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the air Pollution.Control District for review and approval a plan for the control of fugitive dust during and after construction. The plan shall include, but not be limited to, the following measures: • To the extent possible, minimization of the amount of area disturbed during construction. • Limitation of construction vehicles. • The speed of all construction vehicles shall not exceed 15 mph on any unpaved surface. • Should airborne dust be observed to leave the construction site area, water from water trucks or another source shall be applied in sufficient quantities to reduce those emissions. include holiday and weekend periods when work may not be in progress. address and telephone number, And further indicating that all complaints with regard to oroiect related air auality shall be forwarded to the District. • A daily dust observation log shall be completed and submitted weekly to the APCD and the Director of Community Develobment:. PC-62 Errata: The Planning Commission commented that there may be opportunities to refine the proposed alignments of all on -site roadways to further minimize encroachment into existing on -site tree stands and areas of biological resource_ s. The following mitigation measure addresses that opportunity: — Page 3 Ron Whisenand September 16, 2003 the roadways' encroachment into existino tree stands and areas of biological resources. AP3 OASIS LANDSCAPE, ARCHITECTURE AND PLANNING AP3-29 Errata: The project proponent commented that the language of Mitigation Measure 3.10 -3 could be interpreted as assuming that construction of the Bowden Ranch project would affect the structural integrity of the La Loma Adobe. This was not the intent of the Measure, which has been modified as follows to reflect the potential affect and to identify a strategy to ensure the Adobe's protection (NOTEt Mitigation Measure 3.10 -3 was newly added with publication of the FEIR. Only changes to that Measure are reflected below): Mitigation Measure 3.10 -3. Prior to the first ground disturbing activity on the project site the applicant shall fund ap structural engineering analysis of the La Loma Adobe. fer-glme a *press purpose of the analysis would be shall be implemented prior to any ground disturbing activities. Exhibit B Mitigation Monitoring and Reporting Program Impact Aesthetics Potential Impact 3.1 -2: Potential for adverse effect on a scenic vista. Mitigation Measure Mitigation Measure3.1 -1. Prior to the start of any grading and concurrent with submittal of improvement plans, the applicant shall submit to the Director of Community Development for review and approval a Landscape Screening Plan that illustrates the introduction of landscape materials to help obscure views of the project from areas to the north and west. A goal of the plan shall be to provide partial screening of the project and to create a visual transition from the developed character of the site to the adjacent natural hillside. The Landscape- Screening Plan shall include the following elements: is A minimum 30 -foot wide swath of native trees planted in a natural- appearing form along the northern perimeter of Lots 14 through 17, and Lots 20 and 21. This planting shall avoid the appearance of a linear row by undulating its vertical and horizontal form and by mixing plant varieties. Native shrubs shall be included in the planting. Where this Mitigation Measure conflicts with the Fire Management Plan, the applicant shall develop an alternative screening plan that achieves the same goal. The City shall have the sole responsibility to determine if this Measure and the Fire Management Plan are in conflict and to adjudicate the adequacy of an alternative screening plan. • Trees shall be planted within the interior of the project along all proposed roadways and access easements. The trees shall be planted after all project,grading is complete and prior to acceptance of public improvement and building permit issuance. The applicant shall maintain trees for one year after the project is completed, or until the fronting lots have been sold and the homes occupied, whichever occurs last. A long -term maintenance program that describes maintenance responsibilities, protection measures, guaranteed access to the planting areas, and vegetation replacement measures shall be Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Monitor Director of Community Development w Impact Mitigation Measure developed. The program shall be incorporated as part of the development CC &Rs. • A proposed strategy that ensures the long -term survival and preservation of the planting. The proposal strategy shall consider mechanisms such as easements, deed restrictions, reconfiguring of lot lines, homeowner associations, and public dedication as a means to guarantee the success of the planting. The strategy shall avoid placing the responsibility of long - term maintenance in the hands of the individual property owners. Mitigation Measure 3.1 -2. Prior to issuance of the Grading Permit, the applicant shall submit to the Director of Community Development for review and approval subdivision improvement plans and utility plans that demonstrate that the proposed placement of utilities and drainage structures and channels do not conflict.with or preclude implementation of the proposed planting plan required in Mitigation Measure 1.1 -1. The improvement plans shall place all drainage conveyance systems underground to the greatest extent possible. if above - surface channels and retention areas are unavoidable, grass -lined channels, natural materials, and colored surfaces shall be used to reduce visibility. Mitigation Measure 3.1 -3. Prior to recordation of the Final Map, the applicant shall submit to the Director of Community Development for review and approval language to be recorded against each lot as a Deed Restriction. This language shall state that future development of each of the lots require that site grading be minimized to the greatest extent possible. Floor elevations should generally follow the natural landform. Steliped foundations, drilled -pier and grade beams, and other methods shall be used to minim_ ize grading and reduce hillside scarring. Unavoidable grading shall be contour - graded where possible to avoid engineered, angular landforms. Mitigation Measure 3.1 -4. Improvement plans shall demonstrate that site development grading for roads, access easements, utilities; drainage, and other project features is minimized to the greatest extent possible. Required grading shall be contour - graded where,possible.to avoid engineered, angular landforms. All disturbed areas shall be vegetated with appropriate seed or other Monitor Director of Community Development and City Engineer Director of Community Development Director of Community Development and City Engineer Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Monitor plants to reduce erosion and to blend with the surroundings, and shall be consistent with applicable biological resource mitigation. Mitigation Measure 3.1 -5. Prior to Director of Community recordation of the Final Map, the applicant Development shall submit to the Director of Community Development for review and approval language to be incorporated into a Deed Restriction for each of the lots and the project - wide Covenants, Codes, and Restrictions (CC &Rs).This language shall disclose that prior to issuance of building permits for each of the lots respective builders that the applicant shall submit an application for and receive approval of an Administrative Use Permit and architectural review. The Deed Restriction or project CC &Rs shall state that City review of elevations is required and shall outline the parameters specified below. Review shall include any proposed retaining walls. The elevations shall.show at a minimum forms, dimensions, exterior finish materials and colors, as follows: • Roofs shall be articulated and follow the general shapes of the hills and avoid flat planes which project against the background in long straight lines or acute angles which maybe considered intrusive to the existing natural character of the hills and vegetation. • Building colors shall be similar to surrounding natural colors and no brighter than a value of 6 in chroma and on the Munsell Color Chart. • Exterior wall colors shall be limited to muted earth tones. The use of white paint shall be prohibited. • Roof colors shall be limited to deep, muted earth tones, deep muted reds, browns, and grays and no brighter than a value of 6 in chroma and on the Munsell Color Scale Chart. Shiny metal roofs, or roofs colored bright orange, red or blue shall be prohibited. • Retaining walls shall be similar in color to adjacent natural soil color and shall include landscaping if possible to reduce visibility. Mitigation Measure 3.1-6. Prior to Director of Community recordation of the Final Map, the applicant Development shall submit to the Director of Community Development for review and approval language to be incorporated into Deed Bowden Ranch Development Mitigation.Monitoring and Reporting 3 October 2003 Impact Mitigation Measure Monitor Restriction for each of the.lots and the project - wide Covenants, Codes, and Restrictions (CC &Rs). This language shall require that lot - specific landscape plans be submitted as part of the Administrative Use Permit and Architectural Review application for each individual lot. The Deed Restriction and project CC &Rs shall outline the parameters specified below. The following requirements apply to all lots: • Existing trees and vegetation shall be preserved to the maximum extent possible and shall adequately blend the new development, including driveways and outbuildings, to the existing landscape. • Irrigated turf areas shall not be allowed under the root zone of oak trees (The outer edge of the root zone is one and one -half times the distance from the trunk to the drip-line of the tree). In addition, the following requirements apply to Lots 13 through 20. • The plans shall delineate all proposed fencing. Fencing shall not be constructed of solid, flat planes., Fence colors shall be similar to surrounding natural colors and no brighter than a value of 6 in chroma and on the Munsell Color Scale. White paint or other white materials shall be prohibited. • Palm trees and Italian Cypress are prohibited. Mitigation Measure 3.1 -7. Prior to Director of Community recordation of the Final Map, the applicant Development shall submitto the Director of Community Development for review and approval language to be incorporated into a Deed Restriction for each of the lots and the project wide Covenants, Codes, and Restrictions (CC &Rs). This language shall require that prior to issuance of building permits for Lots 13 through 23 the applicant shall submit a lighting plan to the Director of Community Development for review and approval. The Deed Restriction and project CC &Rs shall state that City review of the lighting plan is required and that the point source of all exterior lighting shall be shielded from views to the north and west. Potential Impact 3.1 -3t Potential for Mitigation Measure 3.1 -8. Prior to Director of Community degradation of the visual characteror recordation of the Final Map and approval of Development Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 7; - Impact Mitigation Measure quality of the site. Improvement Plans, the applicant shall submit with the Improvement Plans a landscape and revegetation plan which includes landscape materials to help obscure views of the project from areas within and near the site. The landscape plan shall be in.conjunction with Mitigation Measure 1.1 -1 and shall include the following: Alr Quality Potential Impact 3.2-1: The potential to generate a nuisance or increase air emissions from on- and off -site sources associated with the project Street trees shall be planted adjacent to the development along the project side(s) of Lizzie Street, Lizzie Court Wilding Lane, Woodland Drive, and Woodland Court. Street trees shall be spaced at irregular intervals in keeping with naturally . occurring vegetation patterns. Trees planted along Lizzie Street shall be compatible with any applicable cultural resource mitigation measures regarding the historic setting of the La Loma Adobe. A revegetation plan shall be prepared for the undeveloped portions of the site. The plan shall address the long -term rehabilitation of the creek areas to a more natural state, be consistent with any historic plantings on the site, and maintain the skyline value of the existing tree mass as seen from off -site locations. The revegetation plan shall be a collaborative effort balancing resources such as aesthetics, biology and habitat, historic values, recreational hiking opportunities, erosion and sedimentation control, fire protection, storm water and flooding, maintenance and preservation. Mitigation Measure 3.1 -9. Prior to issuance of building permits for each lot, an exterior lighting shall be submitted to the Director of Community Development for review and approval. The plan shall indicate the use of low level lighting only. The plan shall also indicate the use of exterior lighting fixtures that are shielded so as to ensure that there is no glare off of each individual lot. Mitigation Measure 3.2 -1. Prior to issuance of the Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the Air Pollution Control District for review and approval a plan for the control of fugitive dust during and after construction. The plan shall include, but not be limited to, the following measures: • To the extent possible; minimization of the Monitor Development Director of Community Development Air Pollution Control District Bowden Ranch Development Mitigation Monitoring and Reporting S October 2003 Impact Mitigation Measure Monitor amount of area disturbed during construction. • Limitation of construction vehicles. • The speed of all construction vehicles shall not exceed IS mph on any unpaved surface. • Should airborne dust be observed to leave the construction site area, water from water trucks or another source shall be applied in sufficient quantities to reduce those emissions. • The designation of a person or persons to monitor the dust control program and to order increased watering or other measures as necessary to prevent transport of dust offsite. Their duties should include holiday and weekend periods when work may not be in progress. • The name and telephone number of such persons shall be provided to the APCD and all adjacent residents within 1,000 linear feet of the project site prior to the commencement of construction. • Compliant handling procedures shall be identified. This shall include, but shall not be limited to the posting of signs at the project perimeters identifying the APCD as the enforcement agency and citing their address and telephone number, and further indicating that all complaints with regard to project related air quality shall be forwarded to the District. • A daily dust observation log shall be completed and submitted weekly to the APCD and the Director of Community Development. Mitigation Measure 3:2 -2: Prior to the Air Pollution Control District issuance of a Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the Air Pollution Control District the name and telephone number of a designated person or persons to monitor the dust control program and order increased watering as necessary to prevent transport of dust off site. Their duties shall include holidays and weekend periods when work may not be in progress. Mitigation Measure 3.23: All diesel powered Director of Community construction equipment, including mobile and Development stationary equipment, shall adhere to the following: Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Biological Resources Potential Impact 33 -1. Potential to directly impact sensitive habitats. Mitigation Measure • All construction equipment shall be maintained in proper tune according to manufacturer's specifications. • All off -road and portable diesel - powered equipment shall be fueled with CARB- certified motor diesel fuel. • The use of diesel construction equipment meeting, as a minimum, the California Air Resources Board's 1996 certification standard for off -road heavy -duty diesel engines shall be maximized. Mitigation Measure 3.2A, Prior to the issuance of a Grading Permit, or approval of Improvement Plans, whichever occurs first, the applicant shall submit to the Air Pollution Control District a project site geological evaluation. The study shall comply with the requirements of the Air Resources Board's Air Toxics Control Measure (ATOM) for Construction, Grading, Quarrying, and Surface Mining Operations. Alternatively, the applicant shall comply with the ATCM for dust control.. Mitigation Measure 3.3 -1. The applicant shall offer to dedicate that portion of the property identified as "Open Space. Lot", as such lot is ultimately configured by the development approval process, to the City of San Luis Obispo, or to an entity designated by the City of San Luis Obispo, for permanent conservation to protect serpentine bunchgrass grassland habitat, among other things. Mitigation Measure 3.3 -2. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval a revised Vesting Tentative Subdivision Map. The.Vesting Tentative Map shall be revised to eliminate encroachments into the creek setback areas defined by the City of San Luis Obispo's Creek Setback Ordinance, and into the identified wetland area on Lot 8 plus an appropriate buffer. Prior to recordation of the Final Map the applicant shall also submit to the Director of Community Development and the Natural Resources Manager for review and approval an Enhancement Plan for the drainage crossing Lou 4 and S. This plan shall, at a minimum; indicate a grading, planting, and maintenance .schedule for the drainage that would enhance the drainage by the addition of riparian plantings. This Enhancement Plan shall also Monitor Air Pollution Control District Director of Community Development Director of Community Development and Manager of Natural Resources Bowden Ranch Development Mit_ igation Monitoring and Reporting 7 October 2003 Impact Potential Impact 3.3 -2. Potential to indirectly impact sensitive habitats Mitigation Measure include the transplanting of spreading rush found on Lot 3 and elsewhere within the development envelope to appropriate locations within said drainage. Mitigati on Measure 3.3 -3 Prior to recordation of the Final Map, the applicant shall submit an Environmental Education and Awareness Program to the Director of Community Development for review and approval. The Program shall be recorded as a deed restriction against each of the individual lots. The applicant shall develop an Environmental .Education and Awareness Program in consultation and coordination with the City to distribute to prospective project site residents. The program shall include a list of sensitive resources at and near the project site, the biological importance of these resources, their legal status and protection afforded under various acts and policies, and penalties for violations of the noted acts and policies. The program shall also stress the importance of resource avoidance and stewardship through trail fidelity and trail maintenance. The program shall be implemented at the time that individual lots are sold. Mitigation Measure 33-4. The applicant shall develop interpretive and restrictive use signage for the trail system linking the project site and Reservoir Canyon via the Santa Lucia Range. Signage shall summarize the items as part of Mitigation Measure 3.3 -3. The City shall install the signage at the time that project lots are sold. Appropriate fencing (e.g., split -rail) should also be considered to restrict off -trail usage and minimize impacts to sensitive habitat near trails. Mitigation Measure 3.3-5. All construction activity on lots 7, 9,22, and 23 (adjacent to the butterfly over - wintering habitat) shall be avoided during the monarch over- wintering period of November through February. The over - wintering area should be managed as a natural biotic community complete with a normal complement of insects. Covenants, Codes, and Restrictions (CC &Rs) shall be developed by the applicant and recorded prior to the Final Map, in coordination with the City of San Luis Obispo, to minimize the impacts of pesticide and /or biocides on monarch habitat within individual lots during and after development. Potential Impact 33 -3. Potential to Mitigation Measure 3,3-6: The applicant shall directly impact sensitive plant species work with a qualified restoration specialist, in Monitor Director of Community Development r Manager of Natural Resources Director of Community Development Manager of Natural Resources 8 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact directly impact sensitive plant species Potential Impact 33.4. Potential to indirectly impact sensitive plant species. Potential Impact 33 -5. Potential to directly impact sensitive wildlife species. Mitigation Measure coordination with the City, to identify potential off -site restoration sites for the propagation of San Luis Obispo County morning glory and Hoffmann's sanicle. Potential sites may include those open space areas containing physical characteristics appropriate for the species. Holland (2001) suggested a 3 to i mitigation ratio (e.g., plant for plant, or acre for acre) for San Luis Obispo County morning glory. Similar ratios may be acceptable for Hoffmann's sanicle. The applicant shall retain an approved restoration specialist to monitor the mitigation site for a period of 3 years. Terms and conditions of the off -site mitigation effort shall be detailed within a Mitigation and Monitoring Plan prepared by the applicant and approved by the City. Mitigation Measures 3.3 -3 and 3.3-4. Mitigation Measure 33 -7. Not more than 72 hours prior to the start of any on -site grading, a qualified wildlife biologist, approved by the City, shall trap and translocate woodrats from non - grassland habitats (riparian, oak woodland, scrub) to be graded. The qualified biologist shall determine receptor sites, with consideration given to habitat suitability and proximity to the project site. Animals may be held in captivity, at the discretion of the qualified biologist, until such time that site grading is complete. Animals would then be released to the project site within suitable habitat, as determined by the qualified biologist. Mitigation Measure 3.3 -8. Not more than one week prior to the start of any on -site construction, the applicant shall retain a qualified biologist, approved by the City, to conduct a nighttime survey for CRLF within those portions of the project site planned for disturbance (Le., grading). If CRLF are found within the planned project site disturbance areas during the survey, the applicant shall not proceed with site development until such time that the USFWS has been contacted, consulted, and all recommendations of the USFWS implemented to mitigate impacts to the species. Measures required by the USFWS to mitigate potential impacts to CRLF and /or CRLF habitat might include avoidance, seasonal activity restrictions, or on -site habitat enhancement or protection or off -site habitat acquisition and /or enhancement. Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Monitor Director of Community Development and Manager of Natural Resources Manager of Natural Resources Manager of Natural Resources Impact 10 0 O Mitigation Measure Monitor Mitigation Measure 33 -9. Not more than one Manager of Natural Resources week prior to the start of any on -site construction, the applicant shall retain a qualified biologist, approved by the City, to conduct a survey for western spadefoot toads within those portions of the project site planned for disturbance (i.e., grading). If toads are found within the planned project site disturbance areas during the survey, the applicant shall not proceed with site development until such time that the CDFG has been contacted, consulted, and all recommendations of the CDFG implemented to mitigate impacts to the species. Measures required by the CDFG to mitigate potential impacts to toad and /or toad habitat might include avoidance, seasonal activity restrictions, or on -site habitat enhancement or protection or off -site habitat acquisition and /or enhancement. Mitigation Measure 3.3 -10. If any on -site Manager of Natural Resources grading is to occur within the months of March through mid - August, the applicant shall retain a qualified biologist, approved by the City, to conduct pre - construction surveys for nesting birds within the project site no more than 1 week prior to planned grading. All active nests found shall be marked (flagged, staked) by the biologist. Nests shall not be directly disturbed (e.g., by grading within a certain proximity of tree removals) until such time that nestlings have fledged from (left) the nest, as determined by the monitoring biologist. Mitigation Measure 3.3 -11. If project site tree Manager of Natural Resources removal is to occur within the months of January through August, the applicant shall retain a qualified biologist to conduct pre - construction surveys for nesting birds within the trees to be removed. All trees supporting active nests shall be clearly flagged by the qualified biologist. These trees may not be removed until such time that the qualified biologist determines that the nest is no longer active, and that nestlings have fledged from the nest. Mitigation Measure 3.3 -12. Prior to Manager of Natural Resources recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval a revised Vesting Tentative Subdivision Map. The Map shall be revised to completely avoid the locations of live MSS, MSS shell fragments, and MSS habitat, together with appropriate buffers to protect these areas and ensure their connection to the Open Space of the project Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 o impact Mitigation. Measure Monitor for MSS dispersal purposes. The Vesting Tentative Subdivision Map shall also be revised to identify portions of Lot 13 for use as MSS habitat and enhancement thereof. The feasibility of this mitigation shall be determined solely by the City of San Luis Obispo. However, prior to the onset of any clearing or grading activities, the applicant shall obtain any needed approvals from the United States Fish and Wildlife Service, and submit evidence of said permit(s) to the Director of Community Development. Mitigation Measure 33 -13. Covenants, Manager of Natural Resources Codes, and Restrictions (CC &Rs) shall be developed by the applicant and recorded prior to recordation of the Final Map, in coordination with appropriate City of San Luis Obispo staff, a qualified biologist, and USFWS staff, to minimize the impacts of post - development land use and alteration, grassland mowing activities, and property-owner pesticide and /or biocide use, on MSS and MSS habitat within individual, project -site lots during and after development. Mitigation Measure 3.3 -14. The applicant Manager of Natural Resources shall develop information on MSS for the Environmental Education and Awareness Program (identified in Mitigation Measure 3.3- 3) in consultation and coordination with the City and USFWS to distribute.to prospective project site residents. Program information shall include information on MSS and MSS habitat at and near the project site, the biological importance of such resources, their legal status and protection afforded under various acts and policies, and penalties for violations of these noted acts and policies. This program shall also stress the importance of MSS and MSS habitat avoidance and stewardship through trail fidelity and trail maintenance. As part of Mitigation Measure 3.3-4, the applicant shall develop interpretive and restrictive use signage, which protects MSS and MSS habitat, for the trail system linking the project site and Reservoir Canyon via the Santa Lucia Range. The City shall install the signage at the time that project lots are sold. Appropriate fencing (e.g., split -rail) should also be considered to restrict off -trail usage and minimize impacts to MSS and MSS habitat near trails. Mitigation Measure 3.3 -1 S. Prior to Manager of Natural Resources recordation of the Final Map, and as part of Bowden Ranch Development Mitigation Monitoring and Reporting 11 October 2003 1 i Impact . Mitigation Measure Monitor Mitigation Measures 3.3 -3 and 3.3.4, the applicant shall submit the Environmental Education and Awareness Program information and MSS signage information to the Director of Community Development for review and approval. This program shall be implemented at the time individual lots are sold. Potential Impact 3.3-6. Potential to Mitigation Measures 3-3-3,3.34,3.3-5,3.3- Director of Community indirectly impact sensitive wildlife 14. Development and Manager of species. Natural Resources Potential Impact 3.3 -7. Potential to Mitigation Measure 3.3 -16. Prior to Director of Community directly impact on -site trees. recordation of the Final Map the applicant shall Development and Manager of submit to the Director of Community Natural Resources Mitigation Measure 3.3 -19. Excavation, Development for review and approval a tree inrluriinn trPnrhinn and hnrinn. shall not hp Ilavalnnmant and MBnanpr of mitigation plan. The tree mitigation plan shall identifying a palette, planting locations and methods, and specifying monitoring and contingency measures. The plan shall identify the replanting of a minimum of 140 individual trees and shrubs on the project site of indigenous species suited for the site conditions. The palette may include, but shall not be limited to, western sycamore, coast live oak, and California bay. This measure is supported by the applicant's proposed mitigation of the planned removal of a minimum of 48 trees. The timing of replacement planting shall be as approved by the Director of Community Development. Mitigation Measure 3.3 -17. Prior to any Director of Community ground on activity within the project Development and Manager of site, the applicant shall erect exclosure fencing Natural Resources around all significant trees (defined here as all native trees in excess of 3 inches dbh) with a reasonable chance for damage during site development. The trees to be saved shall also be marked by a qualified biologist Fencing shall be highly visible (e.g., orange snow fence or similar), and shall completely encircle the drip line (Le, lateral extent of tree's leaves) of each fenced tree. No vehicular traffic or construction equipment shall be allowed Within any of the exclosed areas. Mitigation Measure 33- 18.The applicant Director of Community shall retain a qualified biologist, botanist, or Development and Manager of arborist to periodically inspect the form and Natural Resources function of each erected exclosure fence required by Mitigation Measure 3.3 -17. The qualified biologist, botanist, or arborist shall have the authority to require the applicant's contractor to repair or reconfigure enclosure fencing to best protect tree resources. Mitigation Measure 3.3 -19. Excavation, Director of Community inrluriinn trPnrhinn and hnrinn. shall not hp Ilavalnnmant and MBnanpr of 12 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 -A Impact Cultural Resources Potential Impact 3.41. Potential to disturb, destroy, or adversely affect the integrity of cultural (prehistoric, historic) resources on or adjacent to the project site. Mitigation Measure including trenching and boring, shall not be allowed within the enclosed areas of significant trees. Monitor Development and Manager of Natural Resources Mitigation Measure 3.3 -20. If Mitigation Director of Community Measure 3.3 -18 and 3.3 -19 are not feasible, the Development and Manager of applicant (or contractor) shall minimize root Natural Resources zone and other tree impacts within enclosure zones by implementing the mitigation measures and best management practices detailed by Holland et al. (2000). Recommendations include: Boring through root zones, rather than trenching; • Minimizing the number of trenches; • Conserving topsoil for replacement following site work; • Irrigating trees prior to root zone work • Temporarily covering exposed roots with Wet burlap; • Cutting rather than ripping tree roots; • Preserving drainage patterns around trees. The feasibility of Mitigation Measure 3.3 -20 shall be determined solely by the City. Mitigation Measure 3.3 -21. Prior to recordation of the Final Map the applicant shall submit to the Director of community Development Covenants, Codes, and Restrictions (CC &Rs). The CC &Rs shall be recorded concurrently with the Final Map and shall include provisions to ensure protection of significant tree resources within individual lots during and after all construction activities. Mitigation Measure 3.3 -22. Prior to recordation of the Final Map the applicant shall submit a revised tentative subdivision map to the Director of Community Development The revised map shall reflect a refinement of the alignment of all on -site roadways to minimize to the extent possible the roadways' encroachment into existing tree stands and areas of biological resources. Director of Community Development and Manager of Natural Resources Director of Community Development and Manager of Natural Resources Mitigation Measure 3.41. All design —level Director of Community engineering and construction drawings shall Development be.prepared in consultation with an archaeologist, acceptable to the City. Facilities, staging areas, and any activity involving Bowden Ranch Development Mitigation Monitoring and Reporting 13 October 2003 Impact Mitigation Measure project site. ground disturbance shall be located to avoid resources determined to be significant. To ensure that no inadvertent damage occurs to cultural resources, the cultural resource boundaries shall be marked as exclusion zones both on construction drawings and on the ground. Construction supervisory personnel shall be notified of the existence of these resources and shall be required to keep personnel and equipment away from these areas. The qualified archaeologist, acceptable to the City, shall be notified prior to initiation of construction activities. Periodic monitoring of cultural resources to be avoided shall be completed by the qualified archeologist to ensure that no inadvertent damage to the resources occurs as a result of construction or construction - related activities. The timing and frequency of this monitoring shall be at the discretion of the qualified archaeologist. Mitigation Measure 3.4-2. The Gibson Report, an archaeological survey, was prepared for the proposed project and recommended, "a historic archaeologist ...review the grading plans and possibly conduct archaeological monitoring during grading. Historic review, documentation including photographs and mapping will need to be done prior to grading [accomplished, by Chattel Report]. The historic review may also identify areas where archaeological monitoring may be necessary of construction grading" (Gibson. Report, page 6). The Gibson Report continues: In the rare event, if during construction excavation, any intact prehistoric or historic cultural materials are unearthed, work in that area should halt until they can be examined by a qualified archaeologist and appropriate recommendations made as outlined in California Environmental Quality Act of 1970. In such an event, contact the San Luis Obispo City Planning Department or a qualified historic archaeologist. Mitigation Measure 3.4-3. If feasible, road sections, including street width, curb, gutter and sidewalk, should be designed to preserve and enhance the rural character of the existing project site. Use of the narrowest possible, asphalt -paved road width, rolled concrete curb -and- gutter, and elimination of sidewalks further addresses potential impacts to the setting of the La Loma Adobe by retaining, to the extent feasible, the rural character of the Monitor Director of Community Development Director of Community Development 14 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Monitor existing project site. Energy and Minerals Potential impact 3.5 -1. The potential Mitigation Measure 3.5 -1: Landscaping plans Director of Community to conflict with adopted energy for individual lots shall include shade trees Development conservation plans. along the southwestern side of the houses to reduce summer cooling needs. In addition, the following measures would betaken: a. All glazing shall be dual - paned. b. Wall and ceiling insulation shall exceed Title 24 energy standards to the satisfaction of the Community Development Director: c. Appliances, furnaces, water heaters, and lighting shall be high- efficiency and energy conserving to the satisfaction of the Director of Community Development. d. The project shall use energy efficient lighting. Potential Impact 3.5-2. The potential Mitigation Measure 3.S-1. Director of Community to use non - renewable resources in a Development wasteful and inefficient manner. Geology, Soils, and Seismicity Potential Impact 3.64. The exposure Mitigation Measure 3.6-1. Groundshaking City Engineer of people or structures to potential hazards to people, structures, and property substantial adverse geologic or soil cannot be eliminated; however, they can be effects, including risk of loss, injury, or reduced through implementation of the death. following mitigation: • Cut and fill operations at the project site shall be consistent with all recommendations made by the project geotechnical engineer, and City regulations. Only clean material recommended and approved by the geotechnical engineer and approved by the City shall be used. • Structures shall be designed in accordance with all building design requirements as established by the Uniform Building Code (UBC) of 1997, which has been adopted by the City of San Luis Obispo in the Building and Construction Ordinance, Title 15, Chapters 15.02 & 15.04. • Design and construction of foundations and paved areas shall conform to all relevant seismic regulations and recommendations made by state-licensed civil, geotechnical, and structural Bowden Ranch Development Mitigation Monitoring and Reporting 15 October 2003 Impact Potential Impact 3.62. The potential for substantial soil erosion. Potential Impact 3.63. The potential construction of buildings and structures atop expansive soils. Potential Impact 3.6.4. The potential construction of buildings or structures atop settlement -prone soils. Mitigation Measure engineers for the specific project New utilities shall be designed to withstand the expected ground motion of an earthquake in the vicinity of the project site. Mitigation Measure 3.62. Erosion control Best Management Practices (BMPs) must be implemented during the construction period to prevent extensive soil erosion and loss of topsoil during the construction period. Erosion control BMPs are required under the statewide National Pollutant Discharge Elimination System (NODES) General Construction Permit. NPDES permit requirements are further described in Section 3.8, Hydrology, of this EIR. Erosion control practices to be implemented during the construction period include the prohibition of grading and earthwork during the wet season (typically October 15 through April 15) and the utilization of soil stabilization techniques such as photodegradable erosion control blanket and hydro seeding. The Measure shall be implemented in conjunction With Mitigation Measure 3.8 -1.. Mitigation Measure 3.6-3. Immediately following construction of all subdivision improvements, all remaining bare areas with exposed soils shall be planted with grass or appropriate vegetation to promote the natural stabilization of site soils and reduce soil loss. For purposes of this mitigation measure site improvements include rough grading, installation of all utility and infrastructure systems, and construction of all streets and sidewalks. Mitigation Measure 3.6-4. Foundations, pavement, and sidewalks shall be designed in accordance with all recommendations made by the project soil engineer and geotechnical engineer including the placement of non - expansive material beneath slabs and increasing the depth and reinforcement of foundation elements. Mitigation Measure 3.65: Foundations, pavements, underground utilities, and sidewalks shall be constructed in accordance with all recommendations made by project soils and_geotechnical engineers. Recommendations made in the project Soils Engineering report include the complete removal of all fill material and the recompaction of building and improvement areas prior to construction. Monitor City Engineer Director of Community Development and City Engineer City Engineer City Engineer 16 Bowden Ranch Development Mitigation Monitoring and Reporting October 200 3 0 0 Impact Mitigation Measure Hazards and Hazardous Materials Potential Impact 3.7 -1. The potential to cause injury or harm to employees or the public from construction operations at the site, including operation of construction equipment, movement of soil, and public access construction areas. Potential Impact 3.7 -2.The potential to cause injury or harm to employees, the public orthe environmentfrom construction activities which may release hazardous substances that may be already present in the soils at the project site. Mitigation Measure 3.7 -1. Prior to issuance of the Grading Permit the applicant shall submit to the Director of Community Development for review and approval a site construction safety plan. The purpose of the plan shall be to ensure public safety during all phases of project construction through: • The installation of safety signage, placed as appropriate within the project area, that warns of risks associated with on -site construction activities and outlines measures to be taken to ensure safe use of on -site trails near construction areas and avoidance of active construction equipment • The installation of temporary safety fencing to restrict or prevent public access to active on -site construction sites or equipment, as well as to "funnel" hikers directly to hillside trails and trail access points • The temporary restriction of public access to site trails when heavy equipment is being used or particularly dangerous construction operations are being conducted Mitigation Measure 3.7 -2. Prior to issuance of the Grading Permit the applicant shall submit to the Director of Community Development for review and approval a safety plan. The purpose of the plan is to minimize the exposure of the public to potentially hazardous materials during all phases of project construction through: • Appropriate methods (e.g., Best Management Practices) and approved containment and spill - control practices (e.g., spill control plan) for construction chemical and materials on -site • Safety signage, placed as appropriate within the project area, that warns of risks associated with on -site construction materials and outlines measures to be taken to ensure safe use of on -site trails near construction areas and avoidance of construction materials • Temporary safety fencing to restrict or prevent public access to active on -site construction materials or chemicals, as well as to "funnel" hikers directly to hillside trails and trail access points City Engineer City Engineer Monitor Bowden Ranch Development Mitigation Monitoring and Reporting 17 October 2003 Impact Potential Impact 3.7 -4. Potential to increase the risk to project site homes and homeowners from falling trees and tree limbs. Hydrology and Water Quality Potential Impact 3.8-1. Alterations in drainage patterns and grading during the construction period could result in construction- related erosion problems. Mitigation Measure • Temporary restriction of public access to site trails when fueling or chemicals are in use Mitigation Measure 33-3. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval a copy of the.proposed Covenants, Codes, and Restrictions (CC &Rs) for the project. The CC &Rs shall include a provision for the on -going minimization of on -site dangers from falling trees and tree limbs. On -going minimization of on -site dangers from falling tees and tree limbs shall be the responsibility of the project's homeowners' association. Mitigation Measure 3.81. Prior to issuance of the Grading Permit or approval of improvement plans, the applicant shall submit to the Director of Public Works for review and approval a detailed erosion control plan (ECP) to mitigate erosion and sedimentation impacts during the construction period. The detailed KID shall be accompanied by a written narrative and be approved by the Director of Public Works. At a minimum, the ECP and . written narrative should include the following: • A proposed schedule of grading activities, monitoring, and infrastructure milestones in chronological format; • Identification of critical areas of high erodibility potential and /or unstable Slopes; • Soil stabilization techniques such as sh "ort- term.biodegradable erosion control blankets and.hydroseeding should be utilized. Silt fences should be installed downslope of all graded slopes. Straw wattles or another appropriate BMP should be installed in the flow path of graded areas receiving concentrated flows, as well as around storm drain inlets; • Description of erosion control measures on slopes, lots, and streets; • Contour and spot elevations indicating runoff patterns before and after grading; • Filter systems at catch basins (drop inlets) in public streets as a means of sediment control; and • The post - construction inspection of all drainage facilities for:accumulated Monitor Director of Community Development City Engineer 18 Bowden Ranch Development Mitigation Monitoring-and Reporting October 2003 c. i Impact Potential Impact 3.8-2. Development of the proposed project could result in an increase in peak discharge at downstream drainage facilities. Mitigation Measure sediment, and the clearing of these drainage structures of debris and sediment. Mitigation Measure 3.8 -2. The applicant shall comply with NPDES General Construction Activities Storm Water Permit Requirements established by the CWA. Pursuant to the NPDES Storm Water Program, an application for coverage under the statewide General Construction Activities Storm Water Permit (General Permit) must be obtained for project development. It is the responsibility of the project applicant to obtain coverage prior to site construction. The applicant can obtain coverage under the General Permit by filing a Notice of Intent (NOI) with the State Water Resource Control Board's (SWRCB) Division of Water Quality. The filing shall describe erosion control and storm water treatment measures to be implemented during and following construction and provide a schedule for monitoring performance. These BMPs would serve to control point and non - point source (NPS) pollutants in storm water and constitute the projects SWPPP for construction activities. While the SWPPP would include several of the same components as the ECP, the SWPPP would also include BMPs for preventing the discharge of other NPS pollutants besides sediment (such as paint, concrete, etc.) to downstream waters. City Engineer Mitigation Measure 3.8 -3. Prior to City Engineer recordation of the Final Map the applicant shall submit to the Director of Public Works for review and approval a plan to mitigate increases in peak discharge. All drainage improvements must be constructed in accordance with Section 7.2 of the City's Drainage Design Manual. The plan shall adhere to one of several design alternatives: Alternative 1: Improve the entrance to the Liaie Court culvert entrance so that 10 -year event or greater would not over top the culvert headwall and /or creek banks (this improvement is proposed by the project applicant). Alternative 2: Demonstrate.with more detail to the City's satisfaction that individual detention tanks are appropriate on the site (this alternative is proposed by applicant). Alternative 3: Construct off- channel open detention basin(s) on the project site to reduce flows to the culvert entrance. These ponds . differ from the individual detention tanks in Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Monitor 0 O Impact Mitigation Measure Monitor that they capture runoff from several lots rather than just one, and are open as opposed to subsurface. The applicant shall confer with the Director of Public Works prior to preparation of the plan for the purpose of receiving specific direction regarding which alternative would be acceptable to the City. Altemative 1: Improve the Lime Court Storm Drainage Entrance Structure. The applicant has proposed raising the head wall at the Liaie Court culvert entrance to increase capacity. The 10 -year post project flow in Sub - basin C is 119 efs (3.37 m' /sec). In order for the culvert entrance under inlet control conditions to carry this flow it has been estimated that the headwall must be raised a minimum of 1.5 feet on all sides of the creek. If possible the headwall should be raised between 2 and 3 feet to gain additional capacity and account for possible debris problems. The design for the extension of the headwall shall be reviewed and approved by the City Public Works Department. Alternative 2: Demonstrate Viability of the Detentioq Tank System to the City: The detention tank system shall be designed in detail with the subdivision improvement plans and submitted to the City for approval. At a minimum, the detention tanks_ should have the following features: • All outlets for each tank shall be shown. A gravity line with aslope of no less than 1 percent must drain each tank. • Each tank must have an emergency spillway or outlet in case of clogging. • The tanks must be shown to have enough volume over the duration of longer period storms such as a 12 -hour rainfall event. • The applicant shall require that a legal document be recorded against each lot that relieves the City of San Luis Obispo from any maintenance or other responsibilities in the event that these systems fail and /or cause any flooding downstream. Alternative 3: Off Channel Open Detention Ponds. The off - channel open detention ponds would be constructed adjacent to proposed Lots3; 4, and 5, and possibly within open space lot 24. The pond(s) would serve to temporarily 20 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure detain runoff and decrease peak discharge at downstream drainage facilities so that a 25- year event does not overtop the existing channel bank or culvert headwall. The detention ponds may also function to improve water quality by allowing sediments and particulates to settle out of storm water prior to discharge to downstream drainage facilities (please refer to Impact 3.8 -3 and Mitigation Measure 3.8-4 for more details on the water quality aspects of the ponds). The detention ponds shall be designed to comply with applicable City drainage design standards and at a,minimum have the following features: ° Each pond should include an outlet structure to allow the basin to drain completely within 24 hours. • Each pond shall be designed with an emergency spillway that can pass the 100• year storm event with 1 -foot freeboard between the design water surface elevation and the top of the embankment • The detention ponds shall be elongated to maximize the flow length between inlet and outlet structures. • The ponds shall be designed to prevent frequent resuspension of deposited sediments and have a storage volume sufficient to detain average seasonal flows for about five minutes. City Engineer Monitor Bowden Ranch DevelopmentMiti gat !on Monitoring and Reporting 21 October 2003 • All storm drain outfalls shall be equipped with energy dissipaters to avoid erosion of the ponds. • The ponds shall be planted with grass or appropriate emergent vegetation. • An easement reservation for the homeowners association would be necessary to ensure maintenance access. Potential Impact 34-3. Project Mitigation Measure 3.8-4. It is recommended development could result in an that storm water detention ponds, rather than increase in non -point source (NPS) underground detention tanks, be incorporated Pollutants to receiving waters. into the project drainage system (Mitigation Measure 3.8 -3). These ponds should be designed to improve water quality by allowing sediments and particulates to settle prior to discharging to downstream waterways. By detaining runoff, the detention ponds would allow for some pollutant removal through infiltration and vegetative uptake. Many pollutants in storm water, including lead, copper, zinc, phosphorus, and hydrocarbons are associated with sediment and fine particulates. Thus, the ability of a storm water City Engineer Monitor Bowden Ranch DevelopmentMiti gat !on Monitoring and Reporting 21 October 2003 Impact Mitigation Measure . Monitor practice to remove many nutrients, trace metals, and hydrocarbons is largely related to its ability to remove suspended sediment and particulates. Refer to Mitigation Measure 3.8 -3 for general detention pond design guidelines. Mitigation Measure 3.8 -5. Prior to issuance of City Engineer the Grading Permit the applicant shall submit to the Director of Public Works for review and approval plan that incorporates grassed swales ( biofilters) into the project drainage system for runoff conveyance and filtering of pollutants. The preliminary project grading and drainage plan indicates that runoff would be conveyed from each parcel to roadside ditches via a series of drainage swales. Rather than have concrete drainage swales to transport the runoff to roadside ditches, these swales shall be lined with grass or appropriate vegetation to encourage the biofiltration of sediment, phosphorus, trace metals, and petroleum from runoff prior to discharge into the formal drainage network General design guidelines relevant to optimizing the pollutant removal mechanisms of grassed swales are: 1) a dense, uniform growth of fine- stemmed herbaceous plants for optimal filtering of pollutants; 2) vegetation that is tolerant to the water, climatological, and soil conditions of the project site is preferred; 3) grassed swales that maximize water contact with the vegetation and soil surface have the potential to substantially improve removal rates, particularly of soluble pollutants; and 4) pollutant removal efficiency is increased as the flow path length is increased. General maintenance, guidelines for biofilters are discussed in Mitigation Measure 3.8 -6. Mitigation Measure 3.8-6. Prior to issuance of City Engineer the Grading Permit or approval of improvement plans, the applicant shall submit to the Director of Community Development and Director of Public Works for review and approval a long -term storm water pollution prevention plan (SWPPP) to protect storm water quality after the construction period. The SWPPP shall include the following additional BMPs to protect storm water quality: • Proper maintenance of parking lots and other paved areas can eliminate the majority of litter and debris washing into storm drains and thus, entering local waterways. Regular sweeping is a simple and effective BMP aimed at reducing the 22 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Monitor amount of litter in storm drain inlets (to prevent clogging) and public waterways (for water quality). The project applicant shall enter into an agreement with the City of San Luis Obispo to ensure this maintenance is completed prior to approval of improvement plans or final maps. • Proper maintenance of biofilters is essential to maintain functionality. The maintenance of biofilters on the project site would be the responsibility of a homeowner's association for the proposed project. The homeowner's association would be responsible for the following biofilter maintenance: 1) Regular mowing to promote growth and increase density and pollutant uptake (vegetative height should be no more than 8 inches, cuttings must be promptly removed and properly disposed of); 2) Removal of sediments year -round when they build up to 6 inches at any spot, cover biofilter vegetation, or otherwise interfere with. biofilter operation; and 3) Reseeding of biofilters as necessary, whenever maintenance or natural processes create bare spots. • If storm water detention ponds or underground detention tanks are incorporated into the project drainage system, proper maintenance is necessary to ensure their effectiveness at preventing downstream drainage problems and promoting water quality. The maintenance of the detention ponds or underground detention tanks would be the responsibility of the homeowner's association. Necessary" detention pond/tank maintenance includes: 1) Regular inspection during the wet season for sediment buildup and clogging of inlets and outlets; 2) Regular (approximately once a year) removal of basin sediment; and 3) if an open detention basin is used, mowing and maintenance of pond vegetation (replant or reseed as necessary to control erosion. Maintenance reports shall be submitted annually to Cit)'s Public Works Department. • The applicant shall prepare informational literature and guidance on residential BMPs to minimize pollutant contributions from the proposed development. This Bowden Ranch Development Mitigation Monitoring and Reporting 23 October 2003 C, O Impact Land Use and Planning Potential Impact 3.9-1: Potential to conflict with adopted policies of the General Plan. Mitigation Measure . information shall be distributed to all residences at the project site. At a minimum the information should cover: 1) General information on biofilters and detention ponds for residents concerning their purpose and importance of keeping them.free of yard cuttings and leaf litter; 2) Proper disposal of household and commercial chemicals, 3) Proper use of landscaping chemicals; 4) Clean -up and appropriate disposal of yard cuttings and leaf litter, and 5) Prohibition of any washing and dumping of materials and chemicals into storm drains. Mitigation Measure 3.9-1. Prior to recordation of the final map the applicant shall submit to the Director of Community Development for review and approval a landscape plan for those portions of lots 11 through 16. The plan shall provide for a landscape palette that ensures a gradual visual transition from the urban residential development to the adjacent open space on Lot 24. Installation and maintenance of the landscape materials identified in the plan shall be the responsibility of the future owners of the subject lots and shall be governed by the project's Covenants, Codes, and Restrictions (CC &Rs) Mitigation Measure 3,9-2. Prior to recordation of the Final Map the applicant shall submit to the Director of Community Development for review and approval language for a deed restriction to be recorded against each of the residential lots. The Deed Restriction shall specifically allow the use of Class A rated materials only. Mitigation Measure 3.9 -3. Prior to recordation of the final map the applicant shall submit to the Director of Community Development for review and approval language for a deed restriction to be recorded against each of the residential lot. The Deed Restriction shall specifically require the provision of adequate defensible space around each of the homes to be built in accordance with the City's Fire Marshal. Monitor Director of Community Development Director of Community Development Director of Community Development and Fire Marshall Mitigation Measure 3.9-4. Prior to Director of Community recordation of the final map the applicant shall Development submit to the Director of Community Development for review and approval a graphic depiction of building envelopes for 24 Bowden Ranch Development Mitigation Monitoring and Reporting October 2003 Impact Mitigation Measure Monitor each of the residential lots that includes or is adjacent to Eucalyptus trees. The map shall indicate that no buildings may be sited closer than 15 feet from the outside edge of the canopy of any Eucalyptus tree. Noise Potential Impact 3.10 -1. Construction Mitigation Measure 3.10 -1. Construction- Director of Community noise at the project site. related noise impacts to sensitive receptors at Development or near the project site would be minimized and /or reduced using the following methods: Population and Housing Public services Recreation Potential Impact 3.13 -1. The potential to increase the use of existing recreational facilities resulting in accelerated deterioration or the construction of recreational facilities that could result in significant environmental effects. • Grading and construction work shall occur during the weekdays only and not on Saturday, Sunday, or holidays, consistent with established City ordinances. • Feasible, appropriate noise- reducing technology shall be used for on -site machinery and equipment. Mitigation Measure 3.10 -3. Prior to the first ground disturbing activity on the project site the applicant shall fund a structural engineering analysis of the La Loma Adobe. The purpose of the analysis would be to determine if there would be any possibility of ground borne vibration generated during grading and construction activities negatively affecting the Adobe's pre - construction structural integrity. If the analysis were to conclude that grading and construction activities could damage the Adobe, then a plan to protect the Adobe shall be funded by the applicant, and shall be implemented prior to any ground disturbing activities. No potentially significant Impacts. No potentially significant impacts. Mitigation Measure 3.13 -1. Prior toissuance - of the Grading Permit the applicant shall submit Site Improvement Plans to the Director of Community Development for review and approval. The Plans shall provide for temporary signage, to be installed during active project construction and development operations, and permanent frail signage, which would be placed as appropriate in the project area. The signage would be posted at each of the informal trailheads or trail access points on Lizzie Street/Court, Wilding Lane, and Woodland Drive /Court and would: • Identify the trailhead, access points, and trail path(s) ascending the foothills east of Ranch Development Mitigation Monitoring and Reporting October 2003 Director of Community Development Director of Community Development 25 Impact Transportation and Traffic Utilities and Service Systems Potential Impact 3.1 S -2. Potential for constructed homes to have water pressure at a level lower than that required by the Uniform Building Code: Mitigation Measure the project site • Provide phone numbers and information for hiker use, including City Police, Fire, and Parks and Recreation Department contact phone numbers • Provide appropriate safety and emergency information for hiker use • Provide direction for responsible, safe, and quiet use and access of trails, including hours of operation • Provide info about avoiding and respecting on -site natural. resources such as creek areas, wetlands, sensitive vegetation, animal nests and habitat • Describe the sensitive on -site wildlife, plant, and habitat resources, such as woodrat nests, wetlands areas, and monarch butterfly habitat Mitigation Measure 3.13 -2. Prior to issuance of the Grading Permit, the applicant shall submit to the Director of Community Development for review and approval Site Improvement Plans. The Plans shall provide for the installation of.small, environmentally friendly and /or neutral waste bins for hiker trash at the trailhead or trailaccess point(s), as well as at appropriate points along the trails accessing the foothills. The City (or community association) would be designated to collect garbage from these bins on a time schedule to be determined as part of a mitigation and monitoring plan. Mitigation Measure 3.13 -3. Prior to issuance of the Grading Permit the applicant shall submit to the Director of Community Development for review and approval Site Improvement Plans. The Plans shall provide for short-term bicycle parking at the trailheads or trail access points to encourage hikers to bike rather than drive to the site, and to alleviate vehicle- parking concerns. No potentially significant impacts. Mitigation Measure 3.1 S-1. Prior to recordation of the Final Map or prior to approval of improvement plans, whichever occurs first, the applicant shall submit to the Director of Community Development for review and approval a plan to ensure that a minimum of 15 pounds per square inch (psi) of Water pressure will be attained within all future homes to be constructed on the project site. All Monitor Director of Community Development Director of Community Development City Engineer 26 Bowden Ranch Development Mitigation Monitoring and Reporting October 2063 Impact Mitigation Measure Monitor fixtures in all homes at all floor levels must have a minimum of 15 psi. If required, individual pressure booster pumps shall be installed at each residential unit where the minimum 15 psi cannot be met using the City's water delivery system pressures. All booster Pumps required by this mitigation measure must be permanently connected to PG &E electrical service or another reliable source of electricity. All booster pumps required.by this mitigation measure must also have installed and maintained in operating condition an alternative, automatically switched, electrical supply to take over during periods of PG &E or other reliable source system outages. Alternatively, if portions of homes cannot receive water at the minimum 40 psi, then those portions of the homes shall not be constructed. Bowden Ranch Development Mitigation Monitoring and Reporting 27 October 2003 C�/ L . RESOLUTION NO. 9488 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE GREATER ALTA VISTA AREA OF THE CITY AS A RESIDENTIAL PARKING PERMIT DISTRICT AND ESTABLISHING DAYS AND HOURS OF OPERATIONS OF SAID DISTRICT AND TIME OF RENEWAL FOR A PARKING PERMIT AND RESCINDING RESOLUTION NO. 9455 WHEREAS, the Council of the City of San Luis Obispo established the Greater - Alta Vista Residential Parking Permit District; and WHEREAS, the Council of the City of San Luis Obispo determined that the quality of life for the residents of this district had been adversely affected by nonresidents using the neighborhood streets for excessive parking; and WHEREAS, the Council of the City of San Luis Obispo has determined that the restriction of nonresident parked vehicles on the neighborhood streets will improve pedestrian and vehicular safety and allow residents to gain proper access to their residences; and WHEREAS, the majority of the residents living on the 1500 - 1700 block of Fredericks and the 1700 block of McCollum have petitioned to be included in the Greater Alta Vista Residential Parking Permit District; and WHEREAS, the residents of this expanded area desire that the parking district restrictions apply only from September 15 to June 15 of each year; and WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the changes to the parking district and permit distribution and has determined limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the quality of life as defined in resident petition and approved by a sixty.percent majority of persons residing in the area. NOW, THEREFORE, 'BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: , SECTION 1. Resolution No. 9455 (2003 Series) is hereby rescinded. SECTION 2. Pursuant to Section 10.36.170 et. Seq. of the San Luis Obispo Municipal Code the residential parking permit district boundaries and hours are hereby established as shown on Exhibit A. R 9488 Resolution No. 9488 �.003 Series) Page 2 SECTION 3. No vehicle other than vehicles providing services to the Greater Alta Vista District or having a permit clearly displayed on the dashboard on the driver's side of the vehicle shall park on any street within the crosshatched area from 2:00 a.m. to 10:00 p.m., Monday through Friday. The "expanded area ", i.e. the remaining district boundaries within the solid shaded area, shall restrict parking from 2:00 a.m. to 5:00 p.m., Monday through Friday, from September 15 through June 15 of each year. Said restrictions shall not apply to this particular area from June 16 through September 14 of each year. SECTION 4. The Public Works Department shall be directed to post the district with signs that clearly indicate these restrictions. SECTION 5. The Parking Division shall issue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15th of each year. SECTION 6. Any further modification to the "expanded area" of this parking district will only be considered following submission of a petition indicating that all affected households have been polled. i Upon motion of Vice Mayor Mulholland, seconded by Mayor Romero, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of October 2003. City Clerk Mayor David F. Romero Resolution No. 9488 (zv03 Series) Page 3 APPROVED AS TO FORM: J n P. Lowell, City Attorney ..:.Exh:LbzLt- __Jj LLL:j ........ ....... ................ ...... ---- --- ------ ..... . . . . . . . . . . Crosshatch = Existing Alta Vista X X.. Parking District Solid = Newly Expanded Area of Alta Vista Parking District .... ...... (Restrictions Apply ... . . . . . . . . . . . . . . . . . . Sept 15 -June 15) StiMb X'? a.................. ...... ....... ...... ....... ... ...... . 1 'X' ..... .. ..... rr ii too 4r ar dop 64r � �U �'�G J�''_r`"r � -L ' �� `� � -L `� � �L, �.1� _.'c'�� � L ��`�(.%�' -G,2.q iii �;_) r RESOLUTION NO. 9487 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING POLICY REGARDING CITY CAPITAL IMPROVEMENT PROJECTS AND RIGHT OF WAY ENCROACHMENT IN THE DOWNTOWN AREA WHEREAS, it is essential to maintain and upgrade City infrastructure in order to provide reliable municipal services and to maintain a healthy local economy; and WHEREAS, construction impacts associated with vehicular lane closures, traffic detours, or materials delivery can be disruptive to the flow of traffic in the downtown area and affect access for consumers to the downtown retail core, and WHEREAS, most businesses and residents are willing to accept a level of inconvenience, provided that projects are coordinated and managed carefully, and that the need for a project is understood; and WHEREAS, the Downtown Association (DA) has requested certain enhancements in the coordination of capital projects in the downtown core, and in the level of communication between the City and the DA regarding project purpose and status; and WHEREAS, there exists a time period between Thanksgiving and New Year's Day that is critical to the success of Downtown merchants and businesses; and WHEREAS, the City Council for the City of San Luis Obispo adopted City Council Resolution 7068 (1992 Series), titled: POLICY FOR THE IMPROVED COORDINATION AND COMMUNICATION IN THE COMPLETION OF CITY CAPITAL IMPROVEMENT PROJECTS. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo does hereby rescind Resolution 7068 (1992 Series) and sets forth the following policy to be followed in the completion of capital improvement projects and the issuance of Encroachment Permits in the downtown area and, as appropriate, elsewhere in the community: 1) Unless necessary for emergency access or maintenance, construction activities which affects City Streets in the Downtown area shall not occur between Thanksgiving and New Year's Day and shall be restricted by the Public Works Department through the project specifications and through the Encroachment Permit Process.. 2) For purposes of this policy the Downtown area shall be defined as the area defined by the Downtown Association boundary. R 9487 Resolution No. 9487 (2003 Series) Page 2 3) The Public Works Director shall have discretion in allowing long -term permanent construction equipment to remain during this period (such as pedestrian barricades or long -term lane closures as part of large scale projects) when it is not feasible to remove such equipment or its removal is considered more disruptive than allowance in the public right -of -way. 4) Capital Improvement Projects Specific Requirements a) The City will provide ample notification to businesses and residents, either directly or through its contractors, regarding planned capital improvement projects, particularly those planned in the downtown area; and b) All reasonable steps will be taken by the City staff to ensure ample communication and coordination relative to planned City projects (non — emergency) in the downtown, including: i) A minimum of 30 day notification to the DA prior to construction; ii) The preparation of project "fact sheets" for the DA to fully explain project purpose and other important information; iii) Participation in quarterly "project coordination meetings" with the DA and the utility companies; iv) Attending or conducting community meetings and/or forums and making presentations for larger complex projects when requested by the DA, or as determined by staff; v) Assurance that project specifications require adequate contractor responsibility for notification, signage, and procedures to minimize impacts on affected businesses to the extent feasible; and c) DA shall be responsible for communicating with its membership regarding project plans and status following receipt of project information from the City; and d) The City staff will make every effort to ensure that: i) All involved staff members share and communicate accurate information; and ii) That projects managed by different departments are properly coordinated. Resolution No. 9487 (2003 Series) Page 3 On motion of Council Member Settle, seconded by Vice Mayor Mulholland and on the following roll call vote: AYES -- Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7u' day of October, 2003. MW =4 City Clerk . APPROVED AS TO FORM: Jon P. Lowell, City Attomey ����, � O O RESOLUTION NO. 9486 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S TRANSPORTATION IMPACT FEES BY ESTABLISHING A SUB -AREA FEE TO ASSIST IN FUNDING IMPROVEMNTS TO THE LOS OSOS VALLEY ROAD/US 101 INTERCHANGE WHEREAS, Chapter 4.56. 10 of the City of San Luis Obispo Municipal Code establishes transportation impact fees and provides for the setting of fee amounts and other matters by resolution of the Council, and WHEREAS, the City of San Luis Obispo has prepared studies to determine the need for transportation facilities and improvements to serve new development, and WHEREAS, the existing transportation impact fee program includes the improvement of the Los Osos Valley Road/US 101 Interchange to serve new development but needs to more accurately distribute the fair share costs for the project to new development, and WHEREAS, on October 7`t', 2003 the City Council conducted a public hearing and considered testimony of interested parties, the staff report and the recommendations of staff. NOW, THEREFORE, BE IT RESOLVED that the Council modifies the existing Transportation Impact Fee program as follows: 1. A new Los Osos Valley Road/US 101 Interchange Improvement project Sub -Area is hereby created and is depicted in Exhibit A. 2. A Los Osos Valley Road/US 101 Interchange Improvement project Sub -Area Fee for the Transportation Impact Fee program is hereby created as set forth in Exhibit B, which is in addition to the City -wide fees already in effect. 3. Transportation impact fees, other than the Sub Area Fee, for projects within the Sub Area shall be as depicted in Exhibit C. 4. All other provisions, findings and requirements of the Transportation Impact Fee program will remain in effect pursuant to Resolution No. 8406 (1995 Series). BE IT FURTHER resolved that the Council makes the following findings: 1. The purpose of the LOVR/US 101 Sub Area Fee is to provide adequate street improvements and bicycle and pedestrian facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City's transportation facilities. Nome Resolution No. 9486 (2003 Series) Page 2 2. The Sub Area Fee and transportation impact fees collected to this resolution shall be used to pay for street, pedestrian and bicycle facilities and improvements and shall not be in lieu of any other fee or tax. 3. There is a reasonable relationship between the types of development on which the fees are imposed and (a) the use of those fees and (b) the need for the facilities and improvements. 4. There is a reasonable relationship between the amount of fee and the cost of the facilities and improvements attributable to the developments on which the fees are imposed. On motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, Setde,'Vice Mayor Mulholland, Mayor Romero NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7 day of October, 2003. Mayor David F. Romero ATTEST: Lee Price, CMC City Clerk APPROVED AS TO FORM: Jo P. Lowell, City Attorney ♦ �. !d�p� \�i Gam\ \/ ,. ����`p� � _•"l<< 0 I\ Exhibit B TRANSPORTATION IMPACT FEES LOS OSOS VALLEY ROAD/US 101 INTERCHANGE SUB AREA FEES Notes: a) Use is for fast food type commercial even though existing City ordinance restricts drive thru facilities. b) Square Footage is gross leaseable square footage. DU = Dwelling Unit SFD = Single Family Residential Land Use Category LOVRIUS 101 Sub Area Impact Fee per Unit of development Retail Drive Thrua $18.5/s q, ft: Retail High $9.26/s q. ft. Retail Strip $6.62/s q. ft. Retail Specialty $6.37/s q. ft. Retail Auto $4.15/s q. ft. Retail Medium $3.781s q. ft. Hotel $1217 /room SFD/Du lex $927.42/DU MultiFamil $569.30/DU Other $2,186/PM trip Notes: a) Use is for fast food type commercial even though existing City ordinance restricts drive thru facilities. b) Square Footage is gross leaseable square footage. DU = Dwelling Unit SFD = Single Family Residential O O Exhibit C OTHER TRANSPORTATION ROPACT FEES PROJECTS WITHIN THE LOVR/US 101 INTERCHANGE SUB AREA * Fees for retail and hotel/motel are set at 50% of the adjusted study costs in recognition of the fiscal benefits these developments bring to the City. ** Square footage above this amount will be charged at the service commercial rate, excluding structures that are specifically built to cover pump areas. Square Footage is gross leaseable square footage. SFD = Single Family Dwelling DU = Dwelling Unit ADT = Average Daily Trip Land Use Category Sub Area TIF Fee SFD/Du lex_ $1,260/DU MultiFan- l $1,118/DU Retail* $1,988/KSF Office $2,528/KSF Service Commercial $1,371/KSF Industrial $729/KSF Hospital 2,263 Motel/Hotel $585 /room Service Station (includes 1,000 square feet) ** $1,083/PUMP Other $118 /ADT * Fees for retail and hotel/motel are set at 50% of the adjusted study costs in recognition of the fiscal benefits these developments bring to the City. ** Square footage above this amount will be charged at the service commercial rate, excluding structures that are specifically built to cover pump areas. Square Footage is gross leaseable square footage. SFD = Single Family Dwelling DU = Dwelling Unit ADT = Average Daily Trip C �Y�' L�rd: �LLGr ✓7 RESOLUTION NO. 9485 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE COPELANDS PROJECT LOCATED AT 919 PALM STREET (APPLICATION # ER 193 -01) WHEREAS, by its Resolution No. 9367 (2002 Series) the City Council certified the final . EIR for the Copelands Project located at 999 Monterey Street (Application #ER 192 -01) and 919 Palm Street (Application # ER 193 -01); and WHEREAS, the City Council adopted a Statement of Overriding Considerations for the impact area of Air Quality when certifying the final EIR; and WHEREAS, notwithstanding the Statement of Overriding Considerations, the final EIR contained a mitigation measure to provide infrastructure to accommodate electrical vehicle capabilities; ies; and WHEREAS, automobile manufacturers and government agencies have begun emphasizing hybrid technology instead of battery power, thereby eliminating the need for recharging stations; and WHEREAS, staff has recommended elimination of the mitigation measure to provide recharging stations; and WHEREAS, a replacement mitigation measure is proposed that will mitigate air quality impacts to an equal or greater degree; and WHEREAS, this proposed minor modification to the final EIR has been evaluated in accordance with the Califomia Environmental Quality Act and the City's Environmental Guidelines. BE IT RESOLVED by the City Council and the City of San Luis Obispo as follows: SECTION 1. Determination on Addendum to Final EIR. The City Council hereby approves the Addendum to the Final Environmental Impact Report for the Copelands Project, as set forth in Exhibit A, attached hereto and incorporated by reference. The Addendum provides for a minor technical change or addition in that it substitutes a replacement mitigation measure for one being eliminated. SECTION 2. Addendum Findings. Based upon all the evidence, the Council makes the following findings in approving the Addendum: R 9485 Resolution No. 9485 (2003 Series) Page 2 1. The Final EIR was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The Council adopted a Statement of Overriding Considerations with regard to Air Quality when it certified the Final MR. 3. Notwithstanding the Statement of Overriding Considerations with regard to Air Quality, the Council approved mitigation measure AQ -6 requiring incorporation into the infrastructure of the project electrical vehicle recharging capabilities. 4. Hybrid vehicles are rendering electric vehicles obsolete, thereby greatly reducing the Peed for recharging facilities of the type contemplated by mitigation measure AQ -6. 5. A replacement mitigation measure AQ -6, providing for a HVAC system utilizing a geothermal heat source, is imposed that reduces air quality impacts to an equal or greater degree through a reduction in area -wide emissions associated with energy production. 6. None of the findings for preparation of a subsequent EIR, in accordance with CEQA Guidelines section 15162 (a) can be made in this instance because: a) There is not substantial evidence in the record that substantial changes are proposed in the project that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or asubstantial increase in the severity of previously identified significant effects; b) 'There is not substantial evidence in the record that substantial changes have occurred with respect to the circumstances under which the project is to be undertaken which will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; c) There is not substantial evidence in the record that new information of substantial importance, which was not known and could not have been known with exercise of reasonable diligence at the time the Draft EIR was certified as complete shows: 1) the project will have one or more significant effects not discussed in Draft EIR; 2) significant effects previously examined will be substantially more severe than shown in the Draft EIR; 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project; and. 4) mitigation measures or alternatives which are considerably different from those analyzed in the Draft EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt them. Resolution No. 9485 (2003 Series) Page 3 7. The City and Copelands (project proponents) have agreed to adopt and implement replacement mitigation measure AQ -6. 8. An addendum to the Final EIR is an appropriate mechanism in this instance involving a minor correction and provision of a replacement mitigation measure. Recirculation of the Final EIR and/or a public hearing on the addendum is not required under CEQA Guideline 15164 and is not necessary under these circumstances. On motion of Council Member Ewan, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 7`b day of October 2003. Mayor David F. Romero ATTEST: HM Lee Price, C City Clerk APPROVED AS TO FORM: Aualf5in P. Lowell, City Attorney EXHIBIT A Addendum to the Final Environmental Impact Report for the Copelands Project ER 192/193 -01 Following Certification of the Final Environmental Impact Report (FEIR) for the Copelands Project (City File No. ER 192/193 -01 - SCH # 2002031058) and prior to construction of the approved project, the City has identified the need for a technical change to project mitigation measures. Specifically Mitigation Measure AQ -6 states: AQ -6 As included in the Project Description, the parking structure at Palm/Morro site shall incorporate infrastructure to accommodate both inductive and conductive electrical vehicle recharging capabilities. Since Certification of the FEIR by the City Council on September 17, 2002 (Resolution No 9367 — 2002 Series), manufactures and government agencies have begun emphasizing hybrid technology instead of battery power for general - purpose vehicles like sedans and small pickup trucks. Hybrid vehicles use both conventional power and self - recharging battery power to achieve the best balance of economy, range, and low emissions. Consequently, battery powered vehicles that use 220 -volt charges will no longer be available and will soon disappear from City streets. For this reason, mitigation measure AQ -6 should be eliminated. Despite the fact that the Council adopted a Statement of Overriding Considerations for the impact area of Air Quality when certifying the project EIR, it is the City's desire to mitigate air quality impacts to the maximum extent possible. The City therefore has identified a replacement mitigation measure that will mitigate air quality impacts to an equal or greater degree through a reduction in area -wide emissions associated with energy production. The replacement Mitigation Measure AQ -6 is as follows: AQ -6 Rev. The HVAC system for the Palm/Morro office building shall utilize a geothermal heat source. With a water source heat pump, cooling or heating water . is circulated through underground pipes and is tempered to a constant year -round temperature resulting in energy savings to the HVAC system. It is anticipated that using a geothermal heat source will result in significant energy savings to the proposed building. In doing so, it will result in an annual reduction of approximately 20,000 pounds of carbon dioxide, 18,500 pounds of sulfur dioxide, and 120,000 gallons of water used. The City of San Luis Obispo has determined that this addendum to the FEIR for the Copelands Project (ER 192/193 -01) is necessary to document "minor technical changes or additions" that have occurred in the project. description since the EIR was Certified. The changes to the project, including the above referenced replacement mitigation I EXHIBIT A measure are minor and do not rise to the level of changes requiring the preparation of a subsequent EIR or supplement to the Elk in accordance with Section 15162 of the California Administrative Code. This addendum shall be acted on by the City Council as required by law and incorporated into the FOR as an attachment. C -D D � 0 ��� RESOLUTION NO. 9484 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE PARCEL MAP AND NEGATIVE DECLARATION FOR A MINOR SUBDIVISION WITH EXCEPTIONS TO THE LOT AREA, WIDTH AND DEPTH REQUIREMENTS FOR PROPERTY LOCATED AT 1124 GEORGE AND 1121 IRIS STREETS (MS 89 -03; SLO 03- 0223). WHEREAS, the City Council conducted a public hearing on September 16, 2003 and has considered testimony of interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council has considered the Negative Declaration of environmental impact as prepared by staff; and WHEREAS, minor subdivisions with requests for exceptions require City Council review and approval; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The City Council finds and determines that the project's Negative Declaration adequately identifies and evaluates all of the potential environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Findings. That this Council, after consideration of a request to subdivide one lot into two lots with exceptions to the Subdivision Regulations for lot area, width and depth, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative parcel map is consistent with the General Plan because the proposed subdivision is consistent with the development pattern established 'in the neighborhood and the resulting parcels meet density standards. 2. The site is physically suited for the type and density of development allowed in the R -2 zone, since the resulting parcels meet the density requirements of the existing development. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision since all adjacent properties are accessed independently and the resulting parcels will have separate street frontage and access from George and Iris Streets. c o Resolution No. 9484 (2003 Series) Page 2 4. The design of the tentative parcel map is not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish and wildlife, does not involve tree removals, is surrounded by urban development and has already been developed with two 2- bedroom dwellings, parking and landscaping. 5. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in this particular case, to conform to the strict application of the regulations codified in the Subdivision Ordinance because the property has a double- frontage, is less than 180 feet in depth and 60 feet in width and cannot accommodate two lots that meet these standards. . 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification, because other findings are made to support approval and the exceptions relate to existing physical conditions of the project site. 7. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the exceptions will result in a reduced lot area, width and depth for a property that is already developed, and there are numerous examples of similar subdivisions and development in the immediate vicinity. 8. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan and with all applicable specific plans or other plans of the City, because the exceptions are consistent with other properties in the vicinity and the project does not grant special privileges or modify allowable land uses within the existing R -2 zoning district. SECTION 3. Approval. The request for approval of the Minor Subdivision (MS 89 -03) with exceptions to the Subdivision Regulations for lot area, width and depth, is hereby approved subject to the following conditions and code requirements. Conditions: 1. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each parcel to the satisfaction of the Public Works Director and serving utility companies. C� O Resolution No. 9484 (2003 Series) Page 3 2. A revised tentative map shall be provided to show all existing and proposed overhead and underground utilities. Otherwise, provide a site utility plan as an exhibit to be approved to the satisfaction of the Building Official prior to recordation of the map. Utilities to be shown shall include but are not limited to water services, building sewers, electrical, phone, and cable services, storm drainage, gas services, and related utility company meters and appurtenances. 3. A separate building permit shall be obtained for the upgrade, alteration, and/or relocation of any on -site utilities. Any required utility alterations shall have all work completed and final inspections approved to the satisfaction of the Building Official prior to recordation of the map. 4. Access to the public right -of -way, utility shut -offs, and building service equipment shall be provided for each parcel in accordance with the current building, mechanical, electrical, and plumbing codes to the satisfaction of the Building Official. 5. Any easements including but not limited to provisions for all public and private utilities, access, drainage, common driveways, and maintenance of the same shall be shown on the final map or recorded separately prior to map recordation if applicable. 6. The subdivider shall dedicate a 2m wide public utility easement across all frontages. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 7. The subdivider shall dedicate a 3m wide street tree easement across all frontages. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 8. One 15- gallon street tree may be required for each 35 lineal feet of frontage. Contact the City Arborist at 781 -7023 for site specific requirements and to evaluate any existing street trees. 9. The existing driveways off of George Street and Iris Street shall be upgraded, altered, or replaced to the satisfaction of the Public Works Director, to provide a sidewalk extension in accordance with current ADA and city standards. 10. An existing drainage plan shall be submitted for review and approval to the satisfaction of the Building Official. Show all existing improved and historic drainage courses if applicable. Resolution No. 9484 (2003 Series) Page 4 11. Drainage easements shall be provided for any existing waterways or improved drainage systems and for the safe overflow of the same to the satisfaction of the Building Official. Permits for any upgrade or alteration to the drainage improvements shall be completed with proper permits prior to recordation of the map. 12. The subdivider shall submit a final map to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor in accordance with the Professional Land Surveyors Act, the Subdivision Map Act and the Subdivision City's Regulations. 13. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3 -1 /2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 14. The final map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. Code Requirements: 1. A separate encroachment permit is required for any work in the public right -of -way. Work requiring an encroachment permit includes but is not limited to utilities, curb, gutter, and sidewalk, driveway approaches, sidewalk underdrains, street tree planting, street paving, and pedestrian protection or construction staging in the right -of -way. 2. Each parcel is to have its own separate water and wastewater service laterals. Existing water and sewer services shall be properly relocated and resized, if necessary, to ensure that each parcel is appropriately served in accordance with City standards. On motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None O 0 Resolution No. 9484 (2003 Series) Page 5 The foregoing resolution was passed and adopted this 16`h day of September, 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jo P. Lowell, City Attorney o �o RESOLUTION NO. 9483 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING THE PROPOSED CLOSURE OF THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE (CSTI) WHEREAS, the Director of the Governor's Office of Emergency Services has proposed the closure of the California Specialized Training Institute, its own Training Branch, as a "cost - saving" measure; and WHEREAS, the Director of OES, in recent media releases has indicated that CSTI "is not in the business of saving lives," thus minimizing the importance of ensuring that California's emergency responders are adequately trained; and WHEREAS, for the past 32 years, CSTI has provided training to law enforcement, fire services, public works, municipal department staffs, the emergency management community, special districts, school districts, hospitals, universities, utility organizations, the private sector, and many other organizations; and WHEREAS, in the 2002/03 fiscal year alone, CSTI trained over 7200 emergency responders from California Cities, Counties, State Agencies, Special Districts, and other organizations to perform their vital mission in times of crises, to include earthquakes, floods, hazardous materials spills and TERRORISM emergencies; and WHEREAS, CSTI provides this invaluable training to California with a minimal level of General Fund support, recovering its costs through grants, reasonable tuitions, and other revenue sources; and WHEREAS, CSTI has, and is capable of generating in excess of 2.3 million dollars in revenue to the state, while its proposed elimination would save only one million dollars; and WHEREAS, the true benefit of CSTI cannot and should not be measured only in fiscal terms; in that the professional staff at CSTI, through their patience, dedication, and knowledge have provided an invaluable and irreplaceable service to California's emergency management and emergency response community; and WHEREAS, the City of San Luis Obispo has benefited greatly from the education and training provided to its executives, managers, and staff; the manifestations of such training has been an increased level of competence in performing the critical mission of SAVING LIVES AND PROTECTING PROPERTY both during and after an emergency or disaster. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does hereby REJECT the PROPOSED CLOSURE OF CSTI, and further find a DIRECT CORRELATION BETWEEN THE TRAINING PROVIDED BY CSTI AND THE SAFETY OF OUR CITIZENS. WE STRONGLY URGE THE STATE DIRECTOR OF FINANCE and the GOVERNOR TO REJECT THIS PROPOSAL. R 9483 Resolution No. 9483 (2003 Series) Page 2 Upon motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of September, 2003. Mayor David F. Romero ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney a-ek) U �J RESOLUTION NO. 9482 (2003 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM IN SUPPORT OF THE ACQUISITION OF THE UNION PACIFIC RAILROAD COMPANY PROPERTY ON WEST CUESTA RIDGE WHEREAS, the Transportation Equity Act for the 21St Century provides funds to the State of California for grants to State, local agencies and non - profit organizations to acquire, develop, and/or maintain motorized and non - motorized trail projects; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to complete the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Recreational Trails Program in support of the acquisition of the Union Pacific Railroad Company property on West Cuesta Ridge for purposes of trail use as well as wildlife habitat protection and enhancement; and 2. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None R 9482 Resolution No. 9482 Page 2 The foregoing resolution was adopted this 16th day of September, 2003. Mayor David F. Romero City Clerk APPROVED AS TO FORM: J n P. Lowell City Attorney 72���GC, ���Z�CLLce.���`O�� ����� �� RESOLUTION NO. 9481 (2003 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 2004 -2005 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 IN SUPPORT OF ACQUISITION OF THE UNION PACIFIC RAILROAD COMPANY PROPERTY ON WEST CUESTA RIDGE WHEREAS, the People of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: Authorizes the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 state grant assistance for the Union Pacific Railroad Company property on West Cuesta Ridge acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. .., TOM I Resolution No. 9481 (20033ries) Page 2 On motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 16`s day of September, 2003. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jo . Lowell City Attorney • 117 C- C RESOLUTION NO. 9480 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CITY OF SAN LUIS OBISPO TO APPLY FOR GRANT FUNDS FOR THE ROBERTI- Z'BERG- HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. WHEREAS, the people of the State of California have enacted the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 which provides funds for the Roberti- Z'Berg -Hams Block Grant Program for grants to eligible applicants, and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures, and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Boyd to certify by resolution the approval of the Applicant to apply for the Roberti- Z'Berg- Harris allocation; and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo hereby: 1. Approves the filing of an Application for local assistance funds from the Roberti- Z'Berg- Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guides; and 4. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the required Match; and 5. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and 6. Appoints the Parks and Recreation Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. 130:11] C Resolution No. 9480 (2003 Series) Page 2 Upon motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of September, 2003. • . Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: J P. Lowell City Attorney �,rinanrc� O N n 0 RESOLUTION NO. 9479 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CITY OF SAN LUIS OBISPO TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and hereby: WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo 1. Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the (designated position) Parks and Recreation Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). Upon motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of September, 2003. I Wslit C Resolution No. 9479 (2003 Series) Page 2 ' ATTEST: Lee Price,t.M.C. City Clerk APPROVED AS TO FORM: Jo th . Lowell V City Attorney N Mayor David F. Romero ��r�n� O O C �D RESOLUTION NO. 9478 (2003 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF AN OFFER OF DONATION OF A 1.84 ACRE PROPERTY ON SAN LUIS OBISPO CREEK AT PRADO ROAD AND SOUTH HIGUERA STREET WHEREAS, San Luis Creek Associates, JV, ( "Grantor") is the owner in fee simple of certain real property in the City of San Luis Obispo, California, described in the attached Exhibit A (the "Property to be Donated ") and forming a portion of San Luis Obispo County Assessor's Parcel Number 053 - 051 -059; and WHEREAS, the Property to be Donated possesses natural resource values including wildlife and plant resources, scenic values, and recreational values of great importance to Grantor and to the people of the City of San Luis Obispo; and WHEREAS, Grantor intends that the above - mentioned values should be preserved and maintained by the transfer of the property to public ownership; and WHEREAS, this Offer of Donation is voluntary on the part of the Grantor; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept such donations; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the above - mentioned values of the Property to be donated for the benefit of this generation and the generations to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Accepts with thanks the offer of donation of 1.84 acre portion of San Luis Obispo County Assessor's Parcel Number 053 - 051 -059 as indicated in Map Exhibit A; and 2. Authorizes and directs the Mayor to accept a deed to the Property to be donated on behalf of the City of San Luis Obispo. R9478 Resolution No. 9478 (2003 Series) Page 2 Approved and adopted this 2nd day of September, 2003. On motion of Vice Mayor Mulholland, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None ME F • Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: an P. Lowell, City Attorney r. N 64" 21' 30" W 263.64' R -1 N 64' 19' 28" W 263.70' M .. O m O F - � 4 i,J > z o M ° L 0°! cr r O o:� CD N W 2 i�o II 0) O Cr r n e ,I- '.q- Q M L J f� Cn W W S 1 I M CN O � LO <r¢ N d. VA �. NN " . O z z o o 0)' .� r r7 r7 �^ O\ CO f0 Z Z - V N ef- W.k `\ `y OS 9k, '00 �3 400 Li V), d, ,0 ..0r 00 s N W �� �� �� � ��� 8 £ N N LO 0') ,0 S cal rr) fQ h. r r ZZ - 338.96' N 64' 33' 49" W 593.67' R -1 N 64' 34' 24" W 594.30' M co Z CO CO wCO O N � w rn J J fU W CD � Q W as r�LO 0000 d' d• r\ � ww O N to fN N N Z Z f EXHIBIT A LEGAL DESCRIPTION FOR CITY LOT All that real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of Parcel 1 of Parcel Map SL 71 -0178, a map of said Parcel Map being recorded in Book 6 of Parcel Maps at. page 70 in the office of the County Recorder of said County, a survey of said Parcel Map being recorded in Book 29 of Records of Survey at page 42 in the office of said County Recorder; said portion of said Parcel 1 being more particularly described as follows: Beginning at the northerly comer common to Parcels 1 and 2 of said Parcel. Map, said point being the True Point of Beginning; Thence, along the line common to said parcels 1 and 2, S 260 17' 10" E 449.65 feet to the corner common to Parcels 1., 2, and 3 of said Parcel Map; Thence along the line common to said Parcels 1 and 3 of said Parcel Map along the following courses: S 640 21' 30" E 17.10 feet; S 310 00' 00" 1N 146.04 feet; S 570 51' 40" W 118.40 feet; N 840 24' 52" W 84.75 feet; N 690 20' 14" W 97.00 feet; N 750 43' 36" W 99.09 feet to the most westerly corner common to said parcels 1 and 3;. Thence along the southerly line of said Parcel 1, S 64 34' 24" E 338.96 feet; Thence leaving said southerly line, N 540 54' 51" E 70.32 feet; Thence; N 370 22' 02" E 338.42 feet; Thence, N 570 32' 45" E 119.58 feet; Thence, N 140 10' 33" E 88.53 feet; Thence, N 100 36' 27" W 210.72 feet to a point on the northerly line of said Parcel 1; Thence along said northerly line, N 640 19' 28" W 25.00 feet to the True Point of beginning. Containing 1.84 acres. Said portion of said Parcel 1 being shown on Exhibit A attached hereto and made a part hereof. ��` � �� � � � ���� ��� � , � ^� � fir, ,� ��. �- ��J RESOLUTION NO. 9477 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF $100,000 FROM THE 2003 -04 STATE BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL WHEREAS, the adoption of the 2003 -04 State budget, includes continuation of AB 1913 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement budgets; and WHEREAS, the City of San Luis Obispo has received $100,000 from the 2003 -04 California State budget as granted under AB 1913; and WHEREAS, the funds may be applied to projects and front line municipal police services which are in existing budgets but are under- funded; and WHEREAS, a public hearing was held on September 2, 2003, to receive public input on the recommendations for the use of these funds; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo approves the expenditure of $100,000 as received from the 2003 -04 California State budget to assist in funding Public Safety personnel, and authorizes the Chief of Police to execute any grant related documents. Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of September, 2003. David F. Romero, ATTEST: t / // .._. Lee Price, C.M.C. City Clerk R9477 Resolution No. 9477 (2003 Series) Page 2 APPROVED AS TO FORM: Jo P. Lowell City Attorney \ _ ` • /� //I/U`.�`�'�� � " (/ / ✓� f'! U / /� /V, ^(�V i�// RESOLUTION NO. 9476 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ENDORSING THE CALIFORNIA LITERACY, INC. "CITIES THAT READ" CAMPAIGN WHEREAS, 25% of all adults in California are at the lowest literacy level; and WHEREAS, to be functionally illiterate means to be unable to read, write and communicate in English or compute and solve problems at levels of proficiency necessary to function on the job or in society; and WHEREAS, California Literacy, Inc., in partnership with Verizon and the California State Library Association, has developed a campaign for adult literacy; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City of San Luis Obispo endorses the "Cities that Read" campaign and supports the concept of the California Mayors' Literacy Network. Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Settle, Schwartz, Vice Mayor Mulholland, Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of September, 2003. David F. Romero, Mayor ATTEST:' Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney R9476 �Z�,� O O G C� RESOLUTION NO. 9475 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A THREE (3) YEAR AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR ANIMAL CONTROL SERVICES FOR FISCAL YEARS 2003 -04, 2004 -059 AND 2005 -06 BE IT RESOLVED by the Council of the City of San Luis Obispo hereby declares the following: SECTION 1. That the agreement with the County of San Luis Obispo for full Animal Control Services for fiscal years 2003 -04, 2004 -05; and 2005 -06 (Exhibit A) has been reviewed and is approved. SECTION 2. That the Mayor is hereby authorized to enact the agreement. Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Dave Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of September, 2003. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jknaba4P. Lowell City Attorney R9475 t SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT ANIMAL SERVICES DIVISION AGREEMENT FOR ANIMAL SERVICES This Agreement is made and entered into on July 1, 2003; by and between the County of San Luis Obispo, hereinafter referred to as "County," and the City of San Luis Obispo, hereinafter referred to as "City," and shall be and remain in effect through and including June 30, 2006, unless sooner terminated as herein provided. WITNESSETH: THAT WHEREAS, The City is desirous of contracting with the County for performance of the hereinafter described animal services within its boundaries by the County of San Luis Obispo through the Division of Animal Services; and WHEREAS, the County is agreeable to providing, uch services in accordance with the provisions of the San Luis Obispo County Code Title 9; which provides for the licensing of dogs, the establishment of a public pound; and for the collection and care of stray, diseased and vicious animals; and WHEREAS, the County of :San Luis Obispo has established Animal Services to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS; the City is desirous of contracting -with the County for AnimaLServices within the City limits. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Page 1 of 12 o DEFINITIONS- Used throughout as follows: Aggressive means a domestic animal attacking a human (not dog to dog or dog to livestock) and the human is in immediate danger of being injured. I i Household/Domestic Pets /Animals means but is not limited to cats, dogs, canaries, fish, hamsters, rabbits, turtles, reptiles and other kindred animals usually and ordinarily kept as household pets. Injured Domestic Animal means life - threatening (not an abscess or other non emergent condition) to the animal requiring intervention by a veterinarian. Small Wildlife means racoons, possums, foxes and other similar sized wildlife. Business Hours means hours, of operation provided by Animal Services: Monday, Tuesday, Thursday, Friday from 8:00 a.m. to 5:00 p.m., Wednesday from 8:00 . a.m. to 7:00 p.m., and Saturday from 10:,00 a.m. to 4:00 p.m. COUNTY RESPONSIBILITIES: Maintain an Animal Services Division -to provide management and supervision of programs, to maintain records and statistics, and enforce -laws and ordinapces . Animal Shelter - maintain, or cause to maintain an animal shelter to provide for the care, housing, and disposal of animals:impounded within the City or County or delivered by City or County residents. Operation Permit Services - to provide permit services to all citizens of the County regardless of jurisdiction. Page 2 of 12 Licensing - to provide licensing to all citizens of the County regardless of j urisdiction. Humane Education - to provide humane education regarding responsible pet ownership, advantages of spay /neuter, .rabies control information, regardless of jurisdiction. Performance Standards - County will provide measurable standards to contracting City related to licensing, services from the field, outcomes, and category of contacts. DESCRIPTION -OF SERVICES: 1. SHELTER PROVISIONS /ANIMAL. DISPOSAL The availability of a shelter to provide care for stray animals transported by citizens to the animal shelter from within the City incorporated boundaries. This shall include the adrrministration.necessary for surrender of animals at the shelter, the care of animals during the five (5) day holding period, and final disposal of animals through redemption, adoption, or destruction, a) The receipt of household. pets delivered to the shelter - or at drop -off kennels. b) Sheltering of household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such aninials. Page 3 of 12 O C) Services for returning impounded animals to their owners, adoption of or humane destruction of animals received or brought to the shelter. 2. ANIMAL BITE INVESTIGATIONS /OUARANTINES The taking of animal bite reports and subsequent investigations and quarantine of bite anirfials. Investigation of all animal bites involving humans and the quarantine of biting animals pursuant to state regulations and local ordinances. The keeping of such records and reporting of information to the State Department of Health Services.. 3. RABIES CONTROL /SUSPECT RABID ANIMAL HANDLING/TESTING The response to and attempted capture of suspect rabid wildlife and domestic animals. The destruction of such animals, proper laboratory preparation for rabies testing, transport of tissue to the County Public Health Department for testing, and proper disposal of remains when found to be positive. Investigations of exposures to rabid animals or suspect rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals. 4. EMERGENCY SERVICES The response to and attempted capture of injured domestic animals, transport of and medical aid to animals when needed for stabilization and, subsequent. sheltering of animals. Response to potentially rabid small wildlife and domestic pets when someone is on the scene. Response to aggressive animals or animals that have bitten and, the owner is not available. Hold animals relative to an arrest or accident. Emergency services shall be provided 24 hours a day, seven days a week. Page 4 of 12 6. Emergency and after hour services for any of the following: a) Severely injured /sick dogs or cats when legal owner unknown or unavailable. b) Hold animals relative to an arrest or accident. C) Aggressive /vicious domestic animals when legal owner unknown or unavailable and reporting_ party is standing by. d) Bite dogs /cats when legal owners are unknown or unavailable and reporting party is standing by. e) Potentially rabid animals including small wildlife when reporting party remains on the scene. PICK UP OF-UNLIMITED STRAY, DOMESTIC ANIMALS FR_ OM ONE DESIGNATED LOCATION The pick up of UNLIMITED numbers of stray; domestic animals from one designated locativa within-the contracting City. The City will be responsible for providing food, water; and the cleaning of designated kennels. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS The response to and pick up of UNLIMITED numbers of stray, confined, domestic animals. The transport and care of impounded animals at the shelter as described above. Pick up shall include dogs, cats, other domestic animals during business Page 5 of 12 0 0 hours of operation, including domestic animals dead on arrival. FIELD SERVICES - defined as follows: Response of an Animal Control Officer during regular business hours to pick up any of the following within city limits on an UNLIMITED basis: 1) Confined stray domestic animal pick -up 2) Dead stray domestic animal pick -up 3) Owned animal pick -up (fee paid by citizen) 4) Owned dead animal pick up (fee paid by citizen) 5) Euthanasia of owned animals (fee paid by citizen) 6) Transportation to veterinarian of owned animal (fee paid by citizen) 7) Respond to the humane care of iniured/sick stray domestic animals by Good Samaritans. Medical treatment and emergency veterinary care for stray domestic animals presented to .veterinarians by Animal . Services employees and Good Samaritans. 7. CITIZEN COMPLAINTS The processing of citizen complaints, response to complaints, maintaining cumulative records, and action taken on complaints including, but not limited to: barking dogs, leash law violations, animal abandonment, and animal cruelty. Page 6 of 12 8. NUISANCE ABATEMENTIHEARING & COURT PROCEEDINGS The recording, fling, investigation, office hearings, issuance of orders to abate, and processing to court of nuisance abatements through City Attorneys' offices, All activities involved in the processing of nuisance abatement petitions, investigations, orders, hearings, including preparation for court proceedings when necessary. i 9. FIELD ENFORCEMENT Processing and performing patrols within a specified area when requested by a citizen and issuance of citations for violations. The addition of further field enforcement other than field pick -up as described above, but not limited to: random patrol, patrol requests, ordinance violation citations, and agency assists. 10. COURT FILINGS_ &_PROCEEDINGS Filing aggressive, cruelty, or abandonment cases to court with approval of City Attorneys' office. Collection of incident reports, photographs, etc. Court appearances and follow up related to "these cases. ANIMAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an Animal Services Contract Enforcement Committee whose responsibility it will be to review and recommend on all matters of Division policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Committee shall be made up of: one representative from each City contracting with the County, one representative from the County's Veterinarians' Association, one representative of the Highway Patrol, one representative from Animal Services, and_ one representative from the County Sheriffs Department. The Page 7 of 12 Committee shall receive staff support from Animal Services. COOPERATION - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. EMPLOYEE COMPENSATION AND LIABILITY - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in the Agreement. The City shall not be liable for compensation or indemnity to any County employee for iriJ or sickness arising out of his/her employment. INDEMNIFICATION - Nothing in the provisions of the Agreement is intended to create duties or obligations to, or rights in third parties not party to this contract, or affect the legal liability of either party to contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought forth or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither County not any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City Page 8 of 12 under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement. It is also understood:and "agreed that pursuant to Government Code Section 895.4, City shall defend, indemnify and save harmless the County, all officers and employees from all claims; suits or actions of every name; kind and description brought forth on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or j urisdiction delegated to the City under this Agreement except as otherwise provided by Statute. EMPLOYEE STATUS - All persons employed in the performance of the services and functions specified in "Indemnification" paragraph 2 ofthis Agreement shall be County employees; no present City employee shall become a County employee by reason of this Agreement; . and no person employed hereunder shall have any City pension; Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and the employee engaged in their performance of any service hereunder shall, where necessary; be deemed an officer or employee of City while performing the services for City, PROSECUTION- It shall be the duty of the City Attorney; exercising the discretion vested in his office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. TERM AND RENEWAL - This Agreement shall be effective on the l st day of July2003, and shall'- be subject to termination by either -party upon thirty days advance written notice to the other party. Assuming neither party exercises its right to terminate this Agreement, the Agreement shall terminate, on June 30, 2006. CITY NOTIFICATION = no later than May 1st of each year, each City shall be notified of Proposed changes to current service level charges. The City shall notify the County no later than .July 1 st of their agreement to pay for services. Attachment A reflects the annual costs. CITY RESPONSIBILITY- City agrees to pay to County for County Services under this contract Page 9 of 12 the dollar amount asset forth in Attachment A which is attached to the contract and incorporated by reference. COUNTY BILLING - County shall bill City quarterly for their contracted services. Billing shall be submitted at the end of each quarter. City shall remit payment within thirty days of receipt of billing. County and City acknowledge that in performing its contractual obligation, County costs exceed the amount it receives pursuant to this contract. Therefore, County and City agree that should the County be eligible for any future State reimbursement pursuant to SB90 / Hayden Legislation, the full amount of any reimbursement shall be forwarded and retained by the County. MODIFICATION - This contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances which conform to and are not in substantial conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Division of Animal Service's consultation before adoption. County Division ofAnimal Services may also make recommendations to City for changes or modifications to their City ordinance. BOOKS AND_ RECORDS - County agrees to keep such books and records and in such form and manner as County Auditor - Controller shall specify: Said books shall be open for examination by..'. City at all reasonable times. NOTICES - Any notice required to be given pursuant to the terms and provisions of this agreement shall be sent by certified or registered mail to the County at: San Luis Obispo Sheriffs Department Animal Services Division P.O. Box 3760 Sao Luis Obispo, CA 93403 -3760 Page 10 of 12 and to the City at: City of San Luis Obispo 1042 Walnut Street San Luis Obispo, CA 93401 IN WITNESS THEREOF; City of San Luis Obispo resolution duly adopted by its City Council causes this Agreement to be signed by its Mayor and attested by its clerk, and County of San Luis Obispo by order of the Board. of Supervisors causes>these presents to be subscribed by Chairman of said Board and.seal of said BoaPd.to be affiked hereto attested by clerk of said: CITY OF SAN LUIS OBISPO c ' s1� COUNTY OF SAN LUIS OBISPO` By. Chairman, Board of'Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. By: 111:11 t eputy C _ty Counsel Dated: Page 11 of 12 AT' go City Clerk ATTEST: By: -- Board of Supervisors APPROVED AS TO FORM.' THAN P. LOWEU -- City Attorney Al 1 1 1