HomeMy WebLinkAbout11/16/2004, PH 6 - CONSIDERATION OF A VESTING TENTATIVE TRACT MAP AND ENVIRONMENTAL REVIEW TO CREATE 13 SINGLE-FAMILY counc_..)
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Directo( .1 M
Prepared By: Tyler Corey, Associate Planner
SUBJECT: CONSIDERATION OF A VESTING TENTATIVE TRACT MAP AND
ENVIRONMENTAL REVIEW TO CREATE 13 SINGLE-FAMILY
RESIDENTIAL LOTS WITH EXCEPTIONS, ON R-1 ZONED PROPERTY
LOCATED AT 2070 FIXLINI STREET (TR/ER 95-03).
CAO RECOMMENDATION
As recommended by the Planning Commission, adopt Draft Resolution "A", approving a
Mitigated Negative Declaration of environmental impact (ER 95-03) and vesting tentative tract
map, based on findings and subject to conditions and code requirements.
DISCUSSION
Data Summary
Address: 2070 Fixlini Street
Applicant: Steve Miller
Representative: RRM Design Group
Zoning: R-1 (Low Density Residential)
General Plan: Low Density Residential
Environmental Status: A Mitigated Negative Declaration was recommended by the Deputy
Director on September 13, 2004 (ER 95-03).
Situation
The City has received an application for a vesting tentative tract map, including exceptions to the
Subdivision Regulations, and environmental review to create 13 single-family residential lots on
a 4.55-acre site on the northeast side of Johnson Avenue between Bishop and Ella Streets. The
property is currently undeveloped.. Two springs; a perennial creek, wetlands and woodlands are
found along the site's southeast and northeast boundaries. The remainder of the site is covered
with various annual grasses. The site is located in an area primarily comprised of residential and
institutional land uses. The abandoned Sunny Acres Juvenile Hall is located to the northeast of
the subject property; single-family homes are located to the northwest; General Hospital is
located to the southeast; and First Baptist Church is located across Johnson Avenue to the
southwest. Zoning surrounding the site is shown in the attached vicinity map (Attachment 1).
Council Agenda Report—T t 95-03 i
November 16,2004
Page 2
Proiect Description
The proposed project includes the request for the following entitlements:
1. Vesting tentative tract map for the creation of 13 single-family residential lots (Tract
2570)
2. Environmental Review
Architectural Review of the single-family home designs will be required in the future.
The project is a vesting tentative map to subdivide an existing 4.55-acre site into 13 residential lots.
The parcels range in size from 6,003 square feet to 58,238 square feet. Approval of a vesting
tentative map confers a "vested right" to development in substantial compliance with the
ordinances, policies and standards in effect when the application was determined complete
(August 10, 2004). Other components of the subdivision include site grading and the installation
of public improvements, which include the extension of Fixlini Street to Johnson Avenue and two
stormwater detention basins. The project involves the dedication of two biological open space
easements to the City totaling 1.84 acres (40 % of the total site area) for the purpose of managing
and protecting an existing perennial creek, two springs, wetlands and woodlands along the
property's southeast and northeast boundaries. A 10-foot wide pedestrian access easement will
also be dedicated to the City, which will provide an alternative bicycle and pedestrian access
route to Johnson Avenue. The pedestrian access easement improvements are not being required
at this time, as no neighborhood connection exists with the County-owned property to the
southeast. When this County-owned property eventually develops, the City will install the
necessary improvements.
Planning Commission Action
On September 22, 2004, the Planning Commission, on a 4-1 vote (Caruso no; Christianson and
Boswell absent) recommended that the City Council approve the Mitigated Negative Declaration
and vesting tentative tract map, based on findings and subject to conditions and code
requirements (Attachment 3). The Commission was appreciative of the applicant's willingness
to revise the project to protect environmental resources, be compatible with the neighborhood
and provide valuable biological open space and pedestrian access easements dedicated to the
City. The Planning Commission staff report and draft hearing minutes are attached (Attachments
5 & 6).
General Plan Consistency
Prior to finalizing any subdivision design for the site, the applicant conducted several
neighborhood meetings. The purpose of these meetings was to receive early input and feedback
from adjacent property owners on their design and development expectations of the property. As
a result, the project has been designed consistent with their concerns and General Plan Housing
Element Policy 7.2.1, which requires new residential development to be compatible with the
Council Agenda Report—TI 95-03
November 16,2004 —
Page 3
character, size and density as adjacent established neighborhoods. In addition, the Planning
Commission found the project consistent with the General Plan because the proposed subdivision
respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally
add to the City's Low Density Residential housing inventory, result in parcels that meet density
standards, and will be consistent with the density and lot sizes established in the neighborhood.
The attached Planning Commission report (Attachment 6) includes a complete General Plan
analysis for the project.
Requested Subdivision Exceptions
The dimensions and areas of the proposed lots are consistent with the standards included in
Section 16.36.160 of the Subdivision Regulations. However, the applicant has requested
exceptions relating to comer lot street yard setbacks, parking, and street width. The Planning
Commission recommended approval of exceptions for curbside parking and street width, but did
not support 10-foot street yard setbacks for comer lots. The Planning Commission Staff Report
includes a detailed discussion on these requested exceptions, and specifies the required findings
for approval in Draft Resolution "A" (Attachment 7). In summary, these findings discuss the
protection and enhancement of the site's sensitive resource areas, subdivision design respecting
existing site constraints, adequate emergency vehicle access and alternate parking equivalent
consistency with the Subdivision Regulation standards.
Traffic and Circulation
Traffic impacts along the Johnson Avenue corridor were the primary concern raised by the public
at the Planning Commission Hearing. An independent traffic impact study was prepared by
Orosz Engineering Group for the project. As part of that study, the consultant reviewed existing
and existing plus project conditions and determined that signalization of the intersection of
Johnson/Ella "could" be considered warranted under existing conditions. This finding was based
primarily on peak hours warrant assessment and the fact that vehicular volumes on Johnson
Avenue often require side street traffic to wait for available gaps in traffic to tum left.
The traffic consultant estimates development of the 13 single-family home project will generate
124 average daily vehicle trips (ADT) and concluded that this small increase will have a
negligible effect on the area wide circulation system and the need for signalization of the Johnson
and Ella Street intersection. Staff concurs with this conclusion.
Staff has considered the issue of signalization at the intersection of Johnson/Ella. As seen in
previous studies, the intersection is right at the "cusp" of satisfying one of the existing eleven
State warrants that might indicate the need for increased traffic control. It is important to
reiterate that the satisfaction of even.one of the State warrants is not necessarily an indication that
a signal is required. It merely indicates that potential traffic control issues should be considered
and compared to determine the best approach for conditions at the location.
Lq 3
Council Agenda Report—T ~ :95-03
November 16,2004 — �
Page 4
While delay certainly exists at the intersection this is a common condition along Johnson Avenue
at the numerous intersections and driveways that access the Residential Arterial. As seen in the
last two Annual Traffic Safety Reports, the intersection has not experienced a high rate of
collisions that would indicate an immediate need for signalization. Installing a traffic signal prior
to an absolute need has been proven to worsen a situation by increasing collisions and noise due
to unexpected stops. While we may solve the issue of side street delay we may cause more year-
end collisions due to vehicles having to stop at the location, a trade-off that should only be done
when fully needed.
For these reasons staff recommends that the issue of programming the traffic signal installation
for the intersection of Johnson/Ella be brought to Council as part of the upcoming FY 2005-07
Financial Planning process. As part of that process, staff will review the intersection conditions
and compare them to other intersections that are forecasted to require traffic signal installation in
the next two year period. Based upon that comparison, recommendations for the timing and
funding of the signal will be put forth.
Requiring the development project to install the traffic signal as a condition of approval is not
appropriate under CEQA guidelines. Because the project only contributes to an existing
problematic situation, and that contribution is not considered significant, the City only has the
ability to require the project to pay its fair share of impact mitigation for the issue. That fair
share contribution is in the form of adopted City Transportation Impact Fees (TIF) that has a
signalization component already established as part of that program.
Some neighbors of the project have suggested that the City require the developer to install the
traffic signal and then receive reimbursement for these expenditures using previously collected
TIF and other mitigation monies collected from the Housing Authority. While this is a possible
alternative to staff's recommendation, it still would require programming of limited TIF monies.
Unless Council concludes (at this public hearing) that the signal should be done now and is
willing to appropriate current TIF reserves, chances are that a reimbursement agreement of this
nature would have to await programming in the FY 2005-07 Financial Plan anyway. Therefore,
the only benefit to this approach would be that the design and installation of the signal might take
place a few months sooner if you conclude that the benefits of the signal outweigh the potential
negatives if installed prematurely. Staff will be available at the Council meeting to discuss this
issue in more depth and respond to neighborhood concerns.
Finally, because of the proposed street access to Johnson and the need to maintain street parking
for the church across the street, a dedicated left turn storage lane can not be installed as part of
the project. Therefore, this new street will be restricted to right turn in-and-out only (by a"pork
chop" median island) until such time left tum storage can be provided for on Johnson.
In summary, the proposed project would add vehicular trips to local and area streets. The
existing streets have sufficient unused capacity to accommodate the added vehicular traffic
without reducing existing levels of service. Therefore, the proposed project would not result in a
significant impact with regard to increased vehicular trips.
l 4
Council Agenda Report—Ti L 95-03
November 16,2004
Page 5
CONCURRENCES
This item was distributed to various City departments and comments received have been
included as conditions and code requirements where appropriate.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan, it has a neutral fiscal impact.
ALTERNATIVES
1. The Council may approve the project with modified findings and/or conditions.
2. The Council may deny the proposed subdivision, based on findings of inconsistency with
the General Plan as specified by the Council.
3. The Council may continue review of the project, if more information is needed.
Direction should be given to staff and the applicants.
ATTACHMENTS:
1. Vicinity Map
2. Reduced scale project plans
3. Planning Commission Resolution 5407-04
4. Initial Study of Environmental.Impact (ER 95-03)
5. Planning Commission minutes
6. Planning Commission staff report
7. Draft Resolution"A" as recommended by the Planning Commission and staff
8. Alternative Draft Resolution `B"to deny the proposed project
Full size projec:t:. plans. provided to Council; and available for
public review in the City Clerk' s office.
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Attachment 3
RESOLUTION NO. 5407-04
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF A VESTING TENATIVE TRACT MAP WITH
EXCEPTIONS, AND MITIGATED NEGATIVE DECLARATION FOR
PROPERTY LOCATED AT 2070 FIXLINI STREET
(TR/ER 95-03; TRACT 2570)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
September 22, 2004, for the purpose of considering TR/ER 95-03, a vesting tentative tract map
subdividing a 4.55 acre site into 13 single-family residential lots; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the project; and
WHEREAS, notices of said public hearing were made at the'time and in the manner
required by law; and
WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings.. Based upon all the evidence, the Commission makes the following
findings in support of the vesting tentative tract map with exceptions to the Subdivision
Regulations:
1. The design of the vesting tentative tract map is consistent with the General Plan because the
proposed subdivision respects existing site constraints (slope, creeks, wetlands, significant
trees), will incrementally add to the City's Low Density Residential housing inventory, result
in parcels that meet density standards, and will be consistent with the density and lot sizes
established in the neighborhood.
2. The site is physically suited for the proposed type of development because it is a vacant site
adjacent to existing street right-of-ways with complete City services.
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 the
Planning Commission Resolution #5407-04 Attachment 3
TR/ER 95-03
Page 2
Fixlini Street extension.
4. The design of the tentative parcel map is not likely to cause serious health problems,
substantial environmental damage or substantially and unavoidable injure fish or wildlife or
their habitat because the perennial creek, two springs, wetlands and woodlands along the
property's southeast and northeast boundaries will be protected and enhanced to provide
significantly improved habitat over the current condition.
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 the particular case, to conform
to the strict application of the regulations codified in the Subdivision Ordinance because the
site contains sensitive resource areas (creeks, wetlands, woodlands, trees) that must be
protected and a moderate slope where a narrower street section will minimize grading,
thereby reducing drainage impacts, erosion and sedimentation and visual resources.
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 street
width that can provide adequate emergency vehicle access and an alternate parking
equivalent consistent with the Subdivision Regulations to standard curbside parking.
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 allow the project to respect existing site constraints and does not
grant special privileges or modify allowable land uses within the existing R-1 zoning district.
9. A Mitigated Negative Declaration was prepared by the Community Development
Department on September 13, 2004. The Planning Commission finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project.
Section 2. Environmental Review. The Planning Commission does hereby recommend
adoption of the proposed Mitigated Negative Declaration with incorporation of the following
mitigation measures:
Mitigation Measures:
Aesthetics
1. All 13 lots are designated as "sensitive sites". This status ensures that future site
development will respect existing site constraints (slope, creek, springs, trees), privacy of
Attachment 3
Planning Commission Resolution #5407-04
TR/ER 95-03
Page 3
occupants and neighbors of the project, and be compatible with the scale and character of
the surrounding neighborhood. The development of the lots, either cumulatively or
individually, will require Architectural Review in accordance with Municipal Code
Section 2.48.
➢ Monitoring Program: Compliance with this requirement will be monitored through the
review of detailed plans submitted for Architectural Review and Building Permit by the
Community Development Department staff.
Air Quality
2. Development of the site could result in increased levels of fugitive dust associated with
construction and grading activities, as well as construction emissions associated with
heavy-duty construction equipment. The following mitigation measures have been
provided by the APCD to control dust and minimize potential violations for the project-
(A)Reduce
roject:(A)Reduce the amount of the disturbed area where possible.
(B)Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency whenever wind speeds exceed 15
mph. Reclaimed (non-potable) water shall be used whenever possible.
(C)All dirt stock-pile areas should be sprayed daily as needed.
(D)Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of
any soil disturbing activities.
(E) All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the
APCD..
(F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the
site.
(G)In the event that the excavation of materials will take place in close proximity of
asphalt, street sweepers shall be used at the end of each day if soil material is carried
onto adjacent paved roads.
(H)All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC section 23114.
(I) Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a_ fast-germinating native grass seed and
watered until vegetation is established.
(J) Plant shade trees along southern exposures of buildings to reduce summer cooling
needs as well as planting trees on both sides of the roads to reduce the reflective
radiating heat of asphalt roads.
(K)Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
f
Planning Commission Resolution #5407-04 Attachment 3
TR/ER 95-03
Page 4
(L)Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible.
All PM mitigation measures must be included on grading and building plans. In addition,
the contractor or builder shall designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust off
site. Their duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone of such persons shall be provided to the APCD prior
to land use clearance for map recordation and grading.
3. The project site is located in a Naturally Occurring Asbestos candidate area. Naturally
Occurring Asbestos has been identified by the state Air Resources Board as a toxic air
contaminant. Serpentine and ultramafic rocks are very common in the state and may
contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics
Control Measure (ATOM) for Construction, Grading, Quarrying, and Surface Mining
Operations, the applicant must comply with all requirements outlined in the Asbestos
ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These
requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins, and 2) an Asbestos
Health and Safety Program will also be required for some projects, to the approval of the
APCD. The APCD monitors State air quality requirements and will be routed plans that
are submitted for building permits for the project to insure compliance with all standards
and requirements. APCD also responds in the field during construction on a complaint
basis..
➢ Monitoring Program: Construction phase air quality mitigation measures are monitored
by the Air Pollution Control District (APCD), through a complaint based enforcement
system. The requirements listed above are noted on the project plans and the City
Building Inspector and Public Works Inspector for the project are instructed to contact
APCD in the event of a probably violation. Members of the public can also call APCD if
they are concerned about dust or other emissions from a construction site. Building
permits for the project will not be issued until the APCD has "signed-off' on the
applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program.
Biological Resources
4. The disruption of the wetland and creek areas will be properly mitigated by complying
with the California Department of Fish and Game streambed alteration permits and the:
U.S. Army Corps of Engineers wetland permits. The applicants (or their successors) for
the proposed project will prepare the necessary documentation/mitigation plans to obtain
the permitting from these agencies.
5. Prior to final map approval and recordation, a Biological Open Space Easement
Agreement shall be recorded to ensure that the riparian woodland, wetland and oak
i r
Planning Commission Resolution #5407-04 Attachment 3
TR/ER 95-03
Page 5
woodland resources are properly protected and managed after site development and no
ornamental planting or other related disturbances occur following development, subject
to the approval of the Natural Resources Manager.
6. Once a more detailed grading plan is available, a plant ecologist/restoration specialist
shall prepare a landscape restoration plan for the open space easement. The plan shall
survey the site for sensitive plant species as identified in the Biological Resources
Assessment and Constraints Analysis prepared by Rincon Consultants Inc.; identify
suitable sites for replanting the species affected, establish replanting ratios, and contain a
monitoring plan to ensure the success of the replanting. Planting shall be completed as
part of subdivision improvements.
7. A control fence delineating the open space'easement boundary shall be installed prior to
construction. A qualified biological monitor shall be present during all construction or
landscaping activities scheduled to take place within the barrier, to the approval of the
Natural Resources Manager.
8. Erosion control measures shall be used to ensure that no sedimentation of the creek
channel occurs as a result of construction activities.
9. The Architectural Review Commission shall review the design and location of all fencing
proposed adjacent to the open space easement to ensure consistency with the Creek
Setback Ordinance and the Community Design Guidelines.
10. Tree #111, a 7" DBH Coast Live Oak, shall be preserved and protected through means
established by the International Society of Arboriculture to the satisfaction of the City
Arborist.
11. All approved tree removals shall comply with all requirements contained in the Migratory
Bird Treaty Act, which prohibits the removal of trees with active nests until such time as
the young have fledged and the nest is abandoned.
➢ Monitoring Program: Compliance with these requirements will be monitored by the
Community Development and Public Works Departments through review of the project's
Biological Easement Agreement, final map requirements, daily on-site inspections by the
Building and Public Works Inspectors, architectural review of the new home designs and
release of building occupancy.
Geology and Soils
12. Building plans and specifications for site development shall incorporate all
recommendations included in the Engineering Geology Investigation and Soil
Engineering Report prepared by GeoSolutions, Inc. for the project dated July 13, 2003,
subject to the approval of the Chief Building Official.
(.P.
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Attachment 3
Planning Commission Resolution #5407-04
TR/ER 95-03
Page 6
➢ Monitoring Program: Building permits are required for all proposed grading activities
and construction of common improvements on-site. These building permits will be
evaluated for compliance with the recommendations of the soils report.
Hazards and Hazardous Materials
13. Prior to issuance of a building permit for any site improvements, the half buried 55-
gallon drum shall be removed by a qualified professional and disposed of at a facility
able to adequately handle the container and its contents, and any contamination identified
by the qualified professional shall be removed from the site and cleaned-up to meet
Regional Water Quality Control Board standards.
➢ Monitoring Program: The Planning Division of the Community Development
Department will review plans submitted for any building permit application and require
that the applicant provide documentation that the half buried 55-gallon drum has been
property removed from the site, and any residual contamination cleaned-up to meet
Regional Water Quality Control Board standards.
Hydrology and Water Quality
14. Stonnwater runoff from all improved areas of the development site, except rooftops, shall
be treated in accordance with the Best Management Practices (BMPs) published in the
California Stormwater Quality Association's Best Management Practice Handbook,
January 2003. For the purposes of water quality design, all water quality BMPs shall be
designed to treat runoff from a 25 mm/24-Hour storm event..
➢ Monitoring Program: Building permit applications submitted. for subdivision
improvements and applications for Architectural Review of house designs will be
reviewed by the Public Works and Community Development Departments for
compliance with this requirement.
Noise
15. The following construction methods shall be incorporated in to the design of the
buildings on lots 8, 9 & 10 to achieve a Noise Level Reduction of 25 dB for
transportation related noise sources:
(A)Provide air conditioning or a mechanical ventilation system, so windows and doors
may remain closed.
(B)Mount windows and sliding glass doors in low air infiltration rate frames (0.5 cfm or
less, per ANSI specifications).
(C)Provide solid-core exterior doors with perimeter weather stripping and threshold
seals.
(D)Cover exterior walls with stucco or brick veneer, or wood siding with 1/z" minimum
- Attachment 3
Planning Commission Resolution #5407-04
TR/ER 95-03
Page 7
thickness fiberboard ("soundboard").
(E) Keep glass area in windows and doors below 20% of the floor area in a room.
(F) Provide baffles for roof or attic vents facing the noise source.
16. A sound barrier shall be installed for lots 9 & 10 as necessary to achieve the required
IOdB of outdoor noise reduction for lot 9 and 5 dB outdoor noise reduction for lot 10.
The design of the noise barriers shall be reviewed and approved through the Architectural
Review process as part of the design review of the homes, prior to installation, to ensure
design consistency with the Community Design Guidelines. Depending on the design
and location of the home and sound barrier for lot 9, a 5dB outdoor noise reduction may
be achieved for lot 10, and a separate sound barrier may not be required for this lot. A
continuous sound wall is the least desirable solution to address this impact. Partial walls,
building placement, or other solution shall be given preference consistent with General
Plan policy direction.
➢ Monitoring Program: Compliance with these requirements will be monitored through the
review of detailed plans submitted for Architectural Review and Building Permit by the
Community Development Department staff.
Transportation/Traffic
17. Turning movements at the Johnson/Fixlini intersection are limited to right turn in and out
until such time as a dedicated center turn lane is installed on the project's Johnson
Avenue frontage.
18. The existing power poles on the project's Johnson Avenue frontage shall be removed.
19. The vegetation along the project's Johnson Avenue frontage shall be trimmed and
maintained to provide adequate visibility for motorists, subject to the approval of the
Public Works Director and Natural Resources Manager.
20. Since an alternate, lesser width, street section is being utilized for the project and
curbside parking is not provided, a parking equivalent of one space per 25 feet of
frontage, for a total of seventeen spaces, shall be provided for the project to the approval
of the Public Works and Community Development Directors. Such alternate parking shall
be provided within a public right-of-way, or on lots adjacent to the street, with convenient
access to the street.
21. Prior to final map approval and recordation, a 10-foot wide pedestrian access easement
shall be recorded for the purpose of providing an alternative bicycle and pedestrian
transportation route through the project site, subject to the approval of.the Public Works
Director and Natural Resources Manager.
to <<�
Attachment 3
Planning Commission Resolution#5407-04
TR/ER 95-03
Page 8
22. Sidewalk improvements shall be installed on the easterly side of the Fixlini Street
extension for lots 1, 2, 3 & 4 to properly connect the project to existing sidewalk
improvements along Fixlini Street and the 10-foot wide pedestrian access easement,
subject to the approval of the Public Works Director.
➢ Monitoring Program: Building permit applications submitted for subdivision
improvements will be reviewed by the Public Works and Community Development
Departments for compliance with these requirements..
Section 3. Recommendation. The Planning Commission does hereby recommend to the
City Council approval of application TR/ER 95-03 with incorporation of the following
conditions and code requirements into the project:
Conditions:
1. Prior to final map approval, the building envelopes for lots 5, 9 & 13 shall be revised to
show compliance with the R-1 zoning district street yard setback standard of 20-feet
along Johnson Avenue and the Fixlini Street extension.
2. The final map shall include a note stating that development of the lots, either
cumulatively or individually, requires Architectural Review in accordance with
Municipal Code Section 2.48.
3. The final map shall indicate driveway locations for lots 8 & 9. Driveway access onto
Johnson Avenue shall not be permitted and driveways shall not be located within the first
20-feet of the beginning of the curb return.
4. The irrigation systems for common areas, parks, detention basins, and other large
landscape areas shall be designed and constructed in accordance with the standards for
reclaimed water use. Appropriately sized reclaimed water mains shall be constructed
from the City's trunk system to these irrigation areas. If reclaimed water is not yet
available, the system shall be designed and constructed to reclaimed water standards, and
temporarily connected to the City's potable water system in the area of the anticipated
connection to the reclaimed water system. Appropriate backflow protection shall be
installed with this connection to the satisfaction of the County Cross Connection
Inspector;Henry Ruiz, who can be reached at 781-5567.
5. 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.
�r
Attachment 3
Planning Commission Resolution#5407-04
TR/ER 95-03
Page 9
Code Requirements:.
1. All streets shall be constructed as shown on the vesting tentative map in accordance with
the most current City regulations, City of San Luis Obispo Engineering Standards and
Standard Specifications except as follows:
a. The street "dogleg" adjacent to Lot 4 shall be eliminated and replaced with a
knuckle or an alternative design that accommodates two way traffic, without
traffic encroaching in the opposite travel Pane, to the satisfaction of the Public
Works Director.
b. The inside and outside curves for the parking insets hall have a minimum radius
of 6.1 in.
2. Since curbside parking is not provided, alternate parking equivalent of one space for each
twenty-five feet of frontage shall be provided. Such alternate parking shall be provided
within a public right-of-way, or on lots adjacent to the street, with convenient access to
the street.
3. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut-
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the subdivider.
4. The subdivider shall secure offsite dedication and improve, to City Standards, the
extension of Fixlini Street to the Northwesterly subdivision boundary. If this right-of-
way dedication has not been acquired by the time of final map approval, the City shall
lend its power of eminent domain, in accordance with Section 66462.5 of the California
Government Code.
5. The subdivider shall dedicate a 2m wide public utility easement and a 3m wide street tree
easement across all public street frontages. Said easement.shall be adjacent to and
contiguous with the public right-of-way.
6. The subdivider shall dedicate a minimum 2m wide public pedestrian easement along the
Northeasterly side of the Fixlini Street extension along proposed lots one through four.
Said easement shall be adjacent to and contiguous with the public right-of-way.
Water,Sewer & Utilities
7. 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.
8. The subdivider shall place underground, all existing overhead utilities along the public
street frontage(s), to the satisfaction of the Public Works Director.
f Attachment 3
Planning Commission Resolution# 5407-04
TR/ER 95-03
Page 10
9. The subdivider shall provide each lot individual electrical, phone, television, natural gas,
water service, and sewer connections to the approval of the affected utility companies and
the Public Works Director.
10. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, lumenaires, etc.) per City standards and P, G and E's requirements.
Grading &Drainage
11. Improvement plans shall include a complete grading, erosion control and drainage plan
and appropriate calculations for the entire site. The grading plan shall include existing
and proposed contours to clearly depict the proposed grading and drainage for this
development.
12.. The rate of runoff from the site post development shall not exceed that of predevelopment
for the 2, 10, 100 year 24hour storm. Analysis and design of stormwater facilities shall
be consistent with the City's Waterways Management Plan - Drainage Design Manual.
13. All proposed detention basin and drainage improvements, except those within a public
street, shall be privately owned; in an easement or separate lot and maintained by a
homeowners' association.
14. The CCRs for the project shall require that the homeowners association or acceptable
maintenance organization submit, to the City of San Luis Obispo Public Works
Department, a detailed report prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities and any necessary maintenance activities on
a semi-annual basis (April 30 and October 1 of each year). The CCRs for the project
shall also include detailed procedures for maintenance and operations of any storm water
facilities.
15. All bridging, culverting and modifications to the existing creek channels must be in
compliance with city standards and policies, the City's Flood Management Policy Book
(specifically regarding clear spanning of creeks, etc.) and be approved by the Public
Works Director, Army Corp of Engineers, and Fish &Game.
16. Any necessary clearing of existing creek and drainage channels, 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 California Deptartment of
Fish &Game.
17. 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.
Attachment 3
Planning Commission Resolution# 5407-04
TR/ER 95-03
Page 11
18. 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 one or more acres. 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 Resources Control Board.
The WDID # from the State Water Resources Control Board shall be included on all
plans submitted to the City involving ground disturbing activities.
19. A copy of the Stormwater Pollution Prevention Plan required by the State Water Quality
Control Board shall be included with the Public Improvement Plan set.
Mapping and Misc.Requirements
20. 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 licensed land surveyor or
registered civil engineer authorized to practice land surveying. The final map shall be
prepared in accordance with the Subdivision Map Act and the Subdivision Regulations.
21. The final map shall include any required public or private easements as required for the
proposed development of the tract. Easements may include, but are not limited to,
grading, drainage, water, sewer, storm drainage, access, vehicle turn-around, and utilities.
Any CC&Rs, maintenance or common driveway agreements shall be completed and
recorded concurrent with final map approval.
22. The Final Map shall show the area of the Johnson Avenue widening that was granted to
the City, according to a Grant Deed recorded in Volume 1344 Page 669 of Official
Records in the office of the County Recorder, San Luis Obispo County, California.
23.The two exterior corners of the subdivision shall be tied to at least two points of the City's
horizontal control network(these tie lines shall be shown on the final map),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
24. 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 Public Works
Director.
25. Electronic files and stamped and signed drawings shall be submitted for all public
Attachment 3
Planning commission Resolution #5407-04
TR/ER 95-03
Page 12
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the electronic drawing files
(.dwg) and any associated plot files.
26. Prior to acceptance by the City of public improvements, the subdivider's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with Autocad (Digital Interchange Format, DXF) for Geographic Information System
(GIS) purposes, to the satisfaction of the Public Works Director.
27. All public facilities shall be located within proposed easements or property deeded to the
City.
28. Upon development, a water allocation will be 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 the Wastewater Impact Fees are
charged on a per residential unit basis.
29. Some off-site public sewer must be constructed in order to serve this project. At the
City's discretion, the applicant may be. required to construct the sewer main extension
across the entire frontage along Johnson Avenue. Additional comments will likely
follow the submittal of complete improvement plans for the tract and off site
improvements.
30. Due to the substandard street widths, the onsite sewer system shall be privately owned
and maintained. The improvement plans shall clearly indicate the onsite sewer as being
"Private". The Homeowners' Association Agreement shall include provisions for joint
ownership and maintenance responsibilities with respect to the sewer system.
31. 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.
32. One street tree is required per 35 lineal feet of street frontage or any part thereof. Trees
shall be planted to City specifications.
33. The final map shall include curb ramps complying with City standards at all street
intersections.
34. Water supplies shall be in accordance with Sections 901 and 903 of the California Fire
Code(CFC). An approved water supply capable of providing the required fire flow for
fire protection is required. The fire flow shall be determined using Appendix III-A of the
Attachment 3
Planning Commission Resolution # 5407-04
TR/ER 95-03
Page 13
CFC.
35. Fire hydrants shall be installed in accordance with Section 903.4 of the CFC. The
location, number and type of hydrants connected to the City system shall be determined
using Appendix HI-B of the CFC and the approved City Engineering Standards.
36. Fire protection systems shall be installed in accordance with the CFC and the California
Building Code. An approved NFPA 13 (D,R) system will be required for this project.
37. Access roads shall be in accordance with Article 9 of the CFC. Access roads shall have
an unobstructed width of not less than 20-feet and an unobstructed vertical clearance of
13' 6". Access roads shall be designed and maintained to support the imposed loads of a
60,000 fire apparatus and shall be provided with a surface so as to provide all-weather
driving capabilities.
On motion by Commissioner Loh, seconded by Commr Aiken, and on the following roll call
vote:
AYES: Loh, Aiken, Miller, Osborne
NOES: Caruso
REFRAIN:
ABSENT: Christianson, Boswell
The foregoing resolution was passed and adopted this 22nd day of September 2004.
Ronal 'senand, S tary
Planning Commission by:
Attachment i+
III iHl�llll�l� IIIc� cy of sAn lis oBispo
990 Palm Street, San Luis Obispo, CA 93401-3249
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER 95-03
1. Project Title: Sun Valley Residential Subdivision TR 95-03
2. Lead Agency Name and Address:
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
3. Contact Person and Phone Number:
Tyler Corey, Associate Planner(805) 781-7169
4. Project Location: 2070 Fixlini Street
5. Project Sponsor's Name and Address:
Steve Miller
P.O. Box 745
Cayucos, CA 93430
6. General Plan Designation: Low Density Residential
7. Zoning: R-1 (Low Density Residential)
8. Description of the Project:
The project is a map to subdivide an existing 4.55 acre site into 13 residential lots. The parcels
range in size from 6,003 square feet to 58,238 square feet. Other components of the subdivision
include site grading and the installation of public improvements, which include the extension of
Fixlini Street to Johnson Avenue and two detention basins. The project also involves the
dedication of an open space easement for the purpose of managing and protecting an existing
perennial creek, two springs and wetlands along the property's southeast and northeast boundaries.
Existing trees on the site will be retained or removed per the project grading plan.
9. Surrounding Land Uses. and Settings: The project site is located on the northeast side of
Johnson Avenue between Bishop and Islay Streets. The site is moderately sloping from east to
west with an average slope of approximately 12% and consists of undeveloped grass and wooded
land. The remains of a paved driveway and house foundation are located in the central portion of
the site. The property is currently undeveloped and used as a horse pasture. The site is located in
an area primarily comprised of residential and commercial land uses. The abandoned Sunny
Acres Juvenile Hall is located to the northeast of the subject property; single family homes are
The City of San Luis Obispo is committed to Include the disabled in all of its services,programs and activities.
Telecommunications Device for the Deaf(805)781-7410..
1 ,. r
-�� Attachment
located to the northwest; General Hospital is located to the southeast; and First Baptist Church is
located across Johnson Avenue to the southwest.
10. Project Entitlements Requested:
The applicant is requesting approval of a vesting tentative tract map and environmental review.
Future applications to be reviewed by the City include: Architectural Review of the single family
home designs.
11. Other public agencies whose approval is required: Department of Fish and Game; U.S. Army
Corps of Engineers
mar CITY OF SAN LUIS OWSPO 2 IruruLL STuoY ENmoNmEwAL CHEeK=2004
A
Attachment y
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.
X Aesthetics X Geology/Soils Public Services
Agricultural Resources X Hazards & Hazardous Recreation
Materials
X Air Quality X Hydrology/Water Quality X Transportation&Traffic
X Biological Resources Land Use and Planning Utilities and Service
Systems
Cultural Resources X Noise Mandatory Findings of
Significance
Energy and Mineral Population and Housing
Resources
FISH AND GAME FEES
There is no evidence before the Department that the project will have any potential adverse effects on fish
and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a
de minimis waiver with regards to the filing of Fish and Game Fees.
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
X and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been
circulated to the California Department of Fish and Game for review and comment.
STATE CLEARINGHOUSE
This environmental document must be submitted to the State Clearinghouse for review by one or more
X State agencies (e g. Cal Trans, California Department of Fish and Game, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a))._
CtrY of SAN Luis Otwo 3 lwrtat.Sruor ENvutoNuExrat.CNEcKLw 2004
CP
i
Attachment y
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be. re ared.
I find that although the proposed project could have a significant effect on the environment, X
there will not be a significant effect in this case because revisions in the project have been
made, or the mitigation measures described on an attached sheet(s) have been added and
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
reared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially
significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been
adequately analyzed in an earlier document-pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
September 13,2004
gna Date
Ronald Whisenand,Deputy Director of Community Development For:John Mandeville,
Printed Name Community Development.Director
�o CIrY OF SAN Luis OsLspo 4 ImnAL STuDy ENVIRONMENTAL QiEcKusr 2004
rn _
i Attachment}
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved (e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is
based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to
pollutants,based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site,cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each
issue should identify the significance criteria or threshold,if any,used to evaluate each question.
3. "Potentially Significant Impact'is appropriate if there is substantial evidence that an effect is significant. If there are
one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required.
4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has
reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact" The lead agency must
describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section 17,"Earlier Analysis,"may be cross-referenced).
5. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been
adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Code of
Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate,include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion. In this case,a brief discussion should identify the following:
a) Earlier Analysis Used Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on earlier analysis.
e) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the extent
to which they address site-specific conditions for the project
�r CrrY of SAN Luis 08tspo 5 b n AL STuoY ENv1RONMENTAL C mmarr 2004
i
Attachment
Issues, Discussion and Suppor, information Sources sources PL ly Imentially I ssp]=Tban No
signiticant significant zatficant Inv=
Issues unless hnP=
ER #95-03 Mitigation
In ted
1.AESTHETICS. Would the project:
a) Ravi i subi4n.tial-a'dipm,iftecfbna scenic-vista? 1,2 X
b) SObstantiwly damage scenic resources,including,butnot.limite& 1,11 X
to,.trces,seek outcroppmgs, open space, and historic buildings
withi4 a focalorstate scenic Highway?.
c) #ubstantially degrade the existing.visual character or quality of 1,11 X
the site=dits surroundings?
d) Create anew source of substantial-light or glare, which would
adversely affect daypr aighttime views in the area? F
Evaluation
a) The project site is located along a road of moderate scenic value, but is not in the direct viewshed of a scenic vista
identified in Figure 6 of the Circulation Element,Scenic Roadways Map. A scenic vista exists to the southeast of the project
site where Johnson Avenue is designated as a road of high scenic value.
b)d)The proposed project will not damage or alter any scenic resources that are visible from a local or state scenic highway.
Visual resources in the vicinity of the site include views of the Santa Lucia foothills and mountains to the east. The vesting
tentative tract map will allow for the development of 13 home sites with buildings up to 25 feet in height, which will be
setback at least 20-feet from the Johnson Avenue property line. Future buildings will not be tall enough to affect scenic views
and will not form a continuous visual barrier along this corridor.
c)Future development will change the project site from a rural,ranch-like setting to an urban setting. The heavily vegetated
perennial creek and springs located along the southeast and northeast property lines are visual resources that contribute to this
character. The City's Creek Map identifies the perennial creek as having a "degraded corridor, but able to be
restored/repaired." The project will not impact the visual quality of the creek corridor or springs because they are included in
an open space easement that provides for proper management and protection, which requires riparian enhancements that will
improve the aesthetic quality of the site. To ensure future site development will respect existing site constraints(slope,creek,
springs, trees), privacy of occupants and neighbors of the project, and be compatible with the scale and character of the
surrounding neighborhood,all resulting parcels will be designated as"sensitive sites"requiring Architectural Review.
Mitigation Measure:
1. All 13 lots are designated as "sensitive sites". This status ensures that future site development will respect existing site
constraints(slope,creek,springs,trees),privacy of occupants and neighbors of the project.and be compatible with the scale
and character of the surrounding neighborhood. The development of the lots,either cumulatively or individually,will require
Architectural Review in accordance with Municipal Code Section 2.48.
Conclusion:Potentially significant unless mitigation incorporated.
2.AGRICULTURE RESOURCES. Would the project:
7TArrnland,'oir_ 14 X
-39f.
ko a
d ng id Mo rip$;.
SF&Wah td _�w
N � � Min.
z"t lo i 4-in n6n.A&n_,,6ftW V
.,use
�Jb
VDA-c zoning -1 a titse for -Ii•� 10 X
12 X
11T .0
X
P,#
A
Evaluation
a) b) c) The project site is surrounded by developed properties and public streets. The Farmland Mapping and Monitoring
W12s
Curr of SAN Luis 0aispo 6 INmAL STuoy ENmommrxmi.CHEcKusT 2004
(P
Attachment 4
Issues, Discussion and Suppor, information Sources sources Ft fly potentially Len'►ban No
sigmneant Sigi ificam Significant Impact
ER 95-03 Issues Unless Impact
Mitigation
Incorporated
Program of the California Resources Agency designates this property as Urban Land. There is no Williamson Act contract in
effect on the project site. Redevelopment of the site will not contribute to conversion of farmland,and may relieve pressure
to develop similar land outside of the City's Urban Reserve Line. No impacts to existing on site or off site agricultural
resources are anticipated with development of the project site.
Conclusion:No impact.
3. AIR OUALITY. Would the project:
-'Molate,any-air quality standard or contribute substantially.to an 12,15, X
eaas*,or projected air quality violation? 16
=b)• Ponfliq..widi or obstruct implementation of the,applicable air 12,15, X
16
pse:w'seositive' receptors to substantial pollutant, 12 X
xton Ash -;
SioPalll�c yrs pec ' rybSf> ial ntimr�p>r 12 X
r :a.., x, .� _ s.•v..�u.b�.fs. 12,15, X
4iuy_, '0 ` 10.oTn- ON
nun iit. :, tFr4W 16
"_-` y}ts�brk federal_�Ur SlBte atnbiwt qtr 't)1ta'[Ity tstanBaM
.F :"releas"tng TA=s ioq ''I wo. �a .1gUaTltaflYC
t11re5110ddrM .
Evaluation
a)b)c)e) San Luis Obispo County is a non-attainment area for the State PM10(fine particulate matter 10 microns or less in
diameter)air quality standard.State law requires that emissions of non-attainment pollutants and their precursors be reduced
by at least 5% per year until the standards are attained. The 2001 Clean Air Plan (CAP) for San Luis Obispo County was
developed and adopted by the Air Pollution Control District(APCD)to meet that requirement.The CAP is a comprehensive
planning document designed to reduce emissions from traditional industrial and commercial sources, as well as from motor
vehicle use. Land Use Element Policy 1.19.2 states that the City will help the APCD implement the Clean Air Plan.
Motor vehicles account for about 40%of the precursor emissions responsible for ozone formation,and are also a significant
source of PMio.Thus,a major requirement in the CAP is the implementation of transportation control measures designed to
reduce motor vehicle trips and miles traveled by local residents. The project meets many of the goals stated in the CAP
because it will provide new homes within the City's Urban Reserve Line and the project site is located near the City's urban
center with convenient access to commercial services and transit routes,reducing the need for occupants of the project to rely
on vehicles for all of their transportation needs.
According to the Air Pollution Control District's(APCD)"CEQA Air Quality Handbook,"land uses that cause the generation
of 10 or more pounds per day(PPD)of reactive organic gases,oxides or nitrogen, sulfur dioxide,or fine particulate matter
have the potential to affect air quality significantly. Table 1-1 of this document states that 35 single family residences
generates over 10 pounds of these pollutants. Assuming the site is developed with 13 single family residences, future
development would be of a size that is well below APCD's air quality significance thresholds. Therefore, the project and
resulting development will not generate a significant impact on long-term air quality impacts.
d) No objectionable odors will emanate from the project.
Mitigation Measures
1. Development of the site could result in increased levels of fugitive dust associated with construction and grading
activities, as well as construction emissions associated with heavy-duty construction equipment. The following mitigation
measures have been provided by the APCD to control dust and minimize potential violations for the project:
(A) Reduce the amount of the disturbed area where possible.
Crrr of SAN Luis Ostsro 7 INrruu.STuotr ENVInorwENrrau CHEcKusr 2004
'� O 1
Attachl-nent �}
Issues, Discussion and Support nformation Sources Swces eb ty Potentially I=Mwn I No
Sigmucant Significant Significant Impact
Issues Unless Impact
ER#95-03 Mitigation
111corporaw
(B) Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
Increased watering frequency whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be
used whenever possible.
(C) All dirt stock-pile areas should be sprayed daily as needed.
(D) Permanent dust control measures identified in the approved project revegetation and landscape plans shall be
implemented as soon as possible following completion of any soil disturbing activities.
(E) All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute
netting,or other methods approved in advance by the APCD.
(F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the site.
(G) In the event that the excavation of materials will take place in close proximity of asphalt,street sweepers shall be
used at the end of each day if soil material is carried onto adjacent paved roads.
(H) All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet
of freeboard(minimum vertical distance between top of load and top of trailer) in accordance with CVC section
23114.
(1) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading
should be sown with a fast-germinating native grass seed and watered until vegetation is established.
(n Plant shade trees along southern exposures of buildings to reduce summer cooling needs as well as planting trees
on both sides of the roads to reduce the reflective radiating heat of asphalt roads.
(K) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and
equipment leaving the site.
(L) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads..Water sweepers
with reclaimed water should be used where feasible.
All PM mitigation measures must be included on grading and building plans. In addition, the contractor or builder shall
designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent
transport of dust off site. Ther duties shall include holidays and weekend periods when work may not be in progress. The
name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and
grading.
2. The project site is located in a Naturally Occurring Asbestos candidate area. Naturally Occurring Asbestos has been
identified by the state Ar Resources Board as a toxic air contaminant.Serpentine and ultramafic rocks are very common
in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control
Measure(ATCM)for Construction,Grading,Quarrying,and Surface Mining Operations,the applicant must comply with
all requirements outlined in the Asbestos ATCM for.Construction,Grading,Quarrying,and Surface Mining Operations.
These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by
the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some
projects,to the approval of the APCD. The APCD monitors State air quality requirements and will be routed plans that
are submitted for building permits for the project to insure compliance with all standards and requirements: APCD also
responds in the field during construction on a complaint basis.
Conclusion:Potentially significant unless mitigation incorporated.
4. BIOLOGICAL RESOURCES. Would the project:
X
;s�== of od�to s;wo xan esga ��H1ak•.7 29,
r` snlo3r;fegtOna7 30,31
d"5• CI Gt)OS firma k
w
a� t
r n i 5, 12, X
29,
30.31
12 X
CITY DF SAN Luis Own g k0rIAL STUDY ENVIRONMENTAL CNEOKLIST 2004
Lk
Issues, Discussion and Suppor' nformation Sources Sources Poo dy Putmtiatly
Sid nit Significant Significatt[ Impact
EIssues Unless
R#95-03 Impact
Mitigation
Inco rated
biological resources, such as a tree preservation policy or
ordinance(e.g.Heritage Trees)?
d) Interfere substantially with the movement of any native resident 12, X
or migratory fish or wildlife species or with established native 29,
resident or migratory wildlife corridors, or impede the use of 30,31
wildlife nursery sites?
e) Conflict with the provisions of an adopted habitat Conservation 5,12 X
Plan, Natural Community Conservation Plan, or other approved
local,regional,or state habitat conservation plan?
f) Have a substantial adverse effect on Federally protected 12, X
wetlands as defined in Section 404 of the Clean Water Act 30,31
(including, but not limited to, marshes, venial pools, etc.)
through direct removal, filling, hydrological interruption, or
other means?
Evaluation
a)b)f)Three reports were prepared for the project by Rincon Consultants,Inc.,evaluating both plant and animal resources on
the site. The first report evaluated whether the Federally Threatened California red-legged frog (CRLF) and two-striped
garter snake(California Species of Special Concern)were present or absent from the project site. According to the report,no
CRLF or two-striped garter snake individuals were observed on the property during the focused surveys for these two special-
status species. Because deep pools of slow-moving water greater than two feet deep do not occur within the property's
boundaries and the available aquatic habitat is restricted to approximately 200 linear feet of excavated drainage channel, the
site cannot support the basic life history requirements of these two highly aquatic species. The site has been altered
significantly over the years from human occupation of the site, including the manipulation of the onsite aquatic, wetland and
riparian resources. Therefore,these species are not expected to occur on the subject property.
The second report was a Biological Resources Assessment and Constraints Analysis, which evaluated biological resources of
the site. According to the report, the site contains elements of six habitat types (Non Native Annual Grassland, Riparian
Woodland, Wetland, Coast Live Oak Woodland, Coastal Scrub and Ruderal or disturbed) common to the Central Coast of
California and San Luis Obispo area in general. The site supports two Department of Fish and Game (DFG) plant
communities of special concern,including riparian woodland and wetland habitat. The significant biological issues associated
with this property are mostly associated with these two habitat types. In addition, the oak trees that occur on site are also a
significant biological resource. These sensitive resources are proposed to be permanently protected through the dedication of
an open space easement. Grassland habitats are not typically considered sensitive unless they contain primarily native
perennial grasses or are known to support special-status species. The onsite grassland does not fall into this category.
Likewise,coastal scrub habitat is not a sensitive plant community unless it provides habitat for a special-status species.
The third report was a Wetland Delineation of Waters of the United States for the purpose of determining the location and
extent of the areas that meet the U.S. Army Corps of Engineers (Corps) criteria as water of the United States, including
wetlands,pursuant to Section 404 of the Clear Water Act(1972). According to the report,approximately 0.576 acres(25,090
square feet) of the project site could potentially fall under Section 404 jurisdiction of the Corps. Of this area, 0.038 acres
(1,676 square feet) are proposed to be covered by building envelopes for lots 6 & 7. City Natural Resources staff has
evaluated this 0.038 acre site and has determined that the site has vegetative indicators, including one native wetland species
and four or five non-native wetland species,a situation consistent with the site's long-time use as a horse pasture.The site did
not contain hydric soils, which is one of the indicators of a wetland site. On that basis, staff concluded that this area was
questionably wetlands since it did not have all three features commonly ascribed to wetlands. There were two larger areas
which were clearly wetlands,with natural surface water,hydric soils,and a mix of native wetland species. Therefore,Natural
Resources staff recommended that this smaller wetland-like area be treated as non-wetlands and the larger, clearly wetland
areas with their greater environmental values be preserved and enhanced.
c) A tree survey was prepared by Rincon Consultants, Inc.,for the project site. Survey data indicates a total of 194 trees are
located on the property. The project proposes several tree removals, a majority of which are non-native and less than 12-
inches in DBH. On August 23, 2004, the Tree Committee reviewed and approved all but one of the removal requests
consistent with the City's Tree Regulations. The Committee required that tree# 111,a 7"DBH Coast Live Oak,be preserved
CRY OF SAN Luis Owspo 9 INmAL STUDY ENviRONMENTAL CttEcKLisT 2004
t" -33
Issues, Discussion and Support nformation Sources Sources Po• —`tly I Potentially r o
Sis int Significant Significant Impact
Issues Unless Impact
ER#95-03 Mitigation
Incorporated
and protected through means established by the International Society of Arboriculture to the satisfaction of the City Arborist.
No heritage trees are located on the project site and the project is consistent with the City's Creek Setback Ordinance.
d) According to the Biological Resources Assessment and Constraints Analysis prepared by Rincon Consultants Inc., the site
contains potential nesting sites for birds-of-prey and other migratory birds in the riparian and oak woodland areas, as well as
in the eucalyptus trees on the project site. Because the project proposes several tree removals, it shall abide by the Migratory
Bird Treaty Act, which prohibits the removal of trees with active nests until such time as the young have fledged and the nest
is abandoned.
e) The project does not conflict with any habitat conservation plan established in the City of San Luis Obispo.
Mitigation Measures:
1. The disruption of the wetland and creek areas will be properly mitigated by complying with the California Department of
Fish and Game streambed alteration permits and the U.S.Army Corps of Engineers wetland permits.The applicants(or their
successors) for the proposed project will prepare the necessary documentation/mitigation plans to obtain the permitting from
these agencies.
2.Prior to final map approval and recordation,a Biological Open Space Easement Agreement shall be recorded to ensure that
the riparian woodland, wetland and oak woodland resources are properly protected and managed after site development and
no ornamental planting or other related disturbances occur following development, subject to the approval of the Natural
Resources Manager.
3. Once a more detailed grading plan is available, a plant ecologist/restoration specialist shall prepare a landscape restoration
plan for the open space easement. The plan shall survey the site for sensitive plant species as identified in the Biological
Resources Assessment and Constraints Analysis prepared by Rincon Consultants Inc.,identify suitable sites for replanting the
species affected, establish replanting ratios, and contain a monitoring plan to ensure the success of the replanting. Planting
shall be completed as part of subdivision improvements.
4. A control fence delineating the open space easement boundary shall be installed prior to construction. A qualified
biological monitor shall be present during all construction or landscaping activities scheduled to take place within the barrier,
to the approval of the Natural Resources Manager.
5. Erosion control measures shall be used to ensure that no sedimentation of the creek channel occurs as a result of
construction activities.
6. The Architectural Review Commission shall review the design and location of all fencing proposed adjacent to the open
space easement to ensure consistency with the Creek Setback Ordinance and the Community Design Guidelines.
7. Tree #111, a 7" DBH Coast Live Oak, shall be preserved and protected through means established by the International
Society of Arboriculture to the satisfaction of the City Arborist.
8. All approved tree removals shall comply with all requirements contained in the Migratory Bird Treaty Act,which prohibits
the removal of trees with active nests until such time as the young have fledged and the nest is abandoned.
Conclusion: Potentially significant unless mitigation incorporated.
S.CULTURAL RESOURCES. Would theproject:
a) Cause a substantial adverse change in the significance of a 10,21, X
historic resource?(See CEQA Guidelines 150645) 22,32
b) Cause a substantial adverse change in the significance of an 21,22, X
archaeological resource?(See CEQA Guidelines I5064.5) 32
c) Directly or indirectly destroy a unique paleontological resource 11,21, X
or site or unique geologic feature? 32
dl IX lr any human remains igcluding those ipgned ou -de:bf 23.32 X
it
CITY of SAN Luis Owsao 10 INITIAL STUDY ENVIRONMENTAL CNECKUST 2004
Issues, Discussion and Support nforrnation Sources Sources Pr sr Potentially q
Siz en[ Significant Significant Impact
ER#95 03 Issues unless Impact
Mitigation
incorporated
formal cemeteries?
Evaluation
a)b)c)d)A Phase 1 Archeological Study was prepared for the site by Rincon Consultants. The report includes an evaluation
of archival records and a survey of the property. The report includes a detailed discussion of the area and the types of
resources that might be found on the property, but during the survey no intact or displaced prehistoric or historic
archeological or cultural materials were found on the site. The project site does not include any unique geological features
and no paleontological resources were observed during the surface survey. The site is outside of the City's burial sensitivity
areas that are mapped and on file in the Community Development Department. Based on review of the City's Historic Site
Map and Land Use Information System, the project is not located on or near a known sensitive archaeological site or historic
resource.
Conclusion:No impact.
6. ENERGY AND MINERAL RESOURCES. Would the project.
a) Conflict with adopted energy conservation plans? 6 X
b) Use nonrenewable resources in a wasteful and inefficient 6,12 X
manner?
c) Result in the loss of availability of a known mineral ie§ource 6 X
that would be of value to the region and'the residents of the
State?
Evaluation
a) b)The project will not conflict with adopted energy conservation plans or promote the use of non-renewable resources in
an efficient manner. Future development on the site must comply with the policies contained in the General Plan Energy
Element. The Energy Element states that, "New development will be encouraged to minimize the use of conventional energy
for space heating and cooling, water heating, and illumination by means of proper design and orientation, including the
provision and protection of solar exposure." The City implements energy conservation goals through enforcement of the
California Energy Code,which establishes energy conservation standards for residential construction. Future development of
this site must meet those standards. The City also implements energy conservation goals through Architectural Review.
Project designers are asked to show how a project makes maximum use of passive means of reducing conventional energy
demand,as opposed to designing a particular image and relying on mechanical systems to maintain comfort.
c) There are no known mineral resources on the project site that would be of value to the region or to the residents of the
State.
Conclusion:No impact.
7. GEOLOGY AND SOILS. Would theproject:
a) Expose people or structures to potential substantial adverse
effects,including risk of loss,injury or death involving:
I. Rupture of a known earthquake fault, as delineated in the 25 X
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area,or based on other
substantial evidence of a known fault?
H. Strong seismic ground shaking? 25 X
III. Seismic-related ground failure,including liquefaction? 13,33 X
IV. Landslides or mudflows? 10,33 X
b) Result in substantial soil erosion or the loss of topsoil? 13,33 X
c) Be located on a geologic unit or soil that is unstable, or that 13,33 X
would become unstable as a result of the project,and potentially
result in on or off site landslides, lateral spreading,subsidence,
liquef#d on:or collapse?
A.,Bd located nn ezpaitsive sbrl,as de5ned in Table 184-B of the 13,33 X
`/
CITY OF SAN LUIS OBISPO 11 INtnAL STUDY ENvIRONMtMAL CNECKusT 2004
q
Issues, Discussion and Supporti,`ormation Sources Sources Pot, Potentially Less Than No
Sign. rt Significant Significant Impact
Issues Unless Impact
ER#95-03 Mitigation
Inco tared
Uniform Building Code (1994), creating substantial risks to life
or property?
Evaluation
a) c) San Luis Obispo County, including San Luis Obispo is located within the Coast Range Geomorphic Province, which
extends along the coastline from central California to Oregon. This region is characterized by extensive folding, faulting, and
fracturing of variable intensity. In general, the folds and faults of this province comprise the pronounced northwest trending
ridge-valley system of the central and northern coast of California.
Under the Alquist-Priolo Special Studies Zone Act, the State Geologist is required to delineate appropriately wide special
studies zones to encompass all potentially and recently-active fault traces deemed sufficiently active and well-defined as to
constitute a potential hazard to structures from surface faulting or fault creep. In San Luis Obispo County,the special Studies
Zone includes the San Andreas and Los Osos faults.The edge of this study area extends to the westerly city limit line, near
Los Osos Valley Road. According to a recently conducted geology study (source 25), the closest mapped active fault is the
Los Osos Fault, which runs in a northwest direction and is about one mile from the City's westerly boundary. Because
portions of this fault have displaced sediments within a geologically recent time (the last 10,000 years), portions of the Los
Osos fault are considered "active". Other active faults in the region include: the San Andreas, located about 30 miles to the
northeast, the Nacimiento, located approximately 12 miles to the northeast, and the San Simeon-Hosgri fault zone, located
approximately 12 miles to the west.
Although there are no fault lines on the project site or within close proximity, the site is located in an area of"High Seismic
Hazards,"specifically Seismic Zone 4,which means that future buildings constructed on the site will most likely be subjected
to excessive ground shaking in the event of an earthquake. New structures must be designed in compliance with seismic
design criteria established in the California Building Code for Seismic Zone 4. To minimize this potential impact, the
Uniform Building Code and City Codes require new structures to be built to resist such shaking or to remain standing in an
earthquake•
a)b)c)d)An Engineering Geology Investigation and Soil Engineering Report was prepared for the project by GeoSolutions,
Inc. The report concluded that the site is geologically and geotechnically suitable for the proposed development provided
recommendations presented in the report are incorporated into building plans and specifications for development of the site.
The following was observed:
Geotechnical
The primary geotechnical concerns at the site are:
1. The presence of highly expansive surface soils. Influx of water from irrigation, leakage from the residences
or natural seepage could cause expansive soil problems.
2. The high potential for groundwater seepage. Naturally occurring groundwater is at or near the surface
throughout the property.
3. The potential for differential settlement occurring between foundations supported on two soil materials with
different settlement characteristics,such as soil and rock or soil and engineering fill.
Landslides and Liquefaction
Although the Safety Element of the General Plan indicates that the project site has a high potential for landslides, the report
indicates that no landslide hazards were observed. There is a moderate to high potential for surface soils to creep. The
liquefaction hazard at the site is considered low due to the presence of near surface,dense Franciscan Formation and presence
of clay.
Seismically Induced Hazards
The liquefaction hazard and the seismic settlement potential at the site are considered low based upon the density of
subsurface deposits and the clayey composition of the subsurface soils.Flooding associated with a seismic event is considered
very low due to the absence of a body of water upslope of the property.There is a low potential for seismically induced slope
Crrr OF SAN Lug 0131SxO d 2 INn1AL STUDY EwRONMENT LL C"EcKusT 2004
Lo - o o
Issues, Discussion and Support. iformation Sources Sources Po. !y Potentially dt '
Sig. at Significant Significant Impact
ER#95-03 Issues Unless Impact
Mitigation
Inco sated
failure at the project site based upon the shallow depth to the bedrock.
Groundwater and Drainage
Groundwater appears to be discharging from both fractures in the rock and along the soil-bedrock interface. There is a
concrete lined spring-box in the northeastern portion of the property that drains to a swale along the northeastern portion of
the property.Surface drainage at the property flows to the southwest toward Johnson Avenue.
Mitigation Measure:
1. Building plans and specifications for site development shall incorporate all recommendations included in the Engineering
Geology Investigation and Soil Engineering Report prepared by GeoSolutions, Inc. for the project dated July 13, 2003,
subject to the approval of the Chief Building Official.
Conclusion:Potentially significant unless mitigation incorporated.
& HAZARDS AND HAZARDOUS MATERIALS. Would the r('ect:
a}. Cxeate a significant ltazatd to the p_ublic of.the environment 28 X
through ;ttfe iodtine use,'.transport or.disposal.9f Hazardous
materials?
b) Create a significant hazard to the public or the environment 28,34 X
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely 28 X
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d). Expose people or structures to existing sources of hazardous 28,34 X
-emissions or hazardous or acutely hazardous materials,
. .substances;or waste?
t)` Be located-on a site which is included on a list of.hazacdgus 12, 34 X
dak4tials sites compiled piusirarit to Government Code Secpon
659625 and; as aresult,it woidd create a significantHazard to,
the public or the environment?
1°) For a project located within an airport land,use plan, or.within' 27 X
two miles of apublic anport,would the project result in a safety
hazardhrthe people resiting or.workEggin the project area?
Y JMP*.-implementation of. or;p'bysicaginterfere':with, the 4,12 X
adopted emergency-response_ plan br emfteney evacuation
plan?
h) Expose people or structures to a significant rids of lose,.injury, 4 X
or death,involving wildland fires,including where wildlands are
adjacent to urbanized areas or where residents are intermixed
with wildlands?
Evaluation
a) The project does not involve the routine use,transport,or disposal of hazardous materials.
b)d)A Phase I Environmental Site Assessment(ESA) was prepared for the project by Rincon Consultants, Inc. The purpose
of the Phase I ESA was to identify potential environmental conditions associated with possible soil and groundwater
contamination at the site. The assessment identified the presence of an unlabeled, half buried 55-gallon drum out the subject
property as a suspect environmental condition.No staining or stressed vegetation was observed in the vicinity of the drum.
c) The project is located directly across the street from an existing school site (Johnson Avenue Pre-School); however, the
�� CtTY OF SAN Luis 0ssao 13 INmAL STUDY ENVRONMENTAL CttEcKLisT 2004
Issues, Discussion and Supportii formation Sources Sources pot, Potentially .a T
Sign .t Significant Significant Impact
ER#95-03 Issues Unless Impact
Mitigation
Incorporated
project will not involve hazardous emissions or include handling of hazardous or acutely hazardous materials, substances or
waste.
e) The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code§65962.5.
f)The project is not within the County's Airport Land Use Plan area for San Luis Obispo Airport.
g) The project has been reviewed by the Fire Marshall and will not conflict with any emergency response plan or emergency
evacuation plan.
h) The Safety Element of the General Plan identifies the site as having a low potential for impacts from wildland fires.
Mitigation Measure:
1. Prior to issuance of a building permit for any site improvements, the half buried 55-gallon drum shall be removed by a
qualified professional and disposed of at a facility able to adequately handle the container and its contents, and any
contamination identified by the qualified professional shall be removed from the site and cleaned-up to meet Regional Water
Quality Control Board standards.
Conclusion: Potentially significant unless mitigation incorporated.
9. HYDROLOGY AND WATER QUALITY. Would the ro'ect:
a). Violate any. water• quality standards or waste discharge 19 X
requirements?
b) Su-bstantially . deplete groundwater suppliesof innterfee 19 X
substantially with groundwater recliarge such that there would be
a net deficit in aquifervolume or a lowering of ,the local
groundwater table level'(e:g.The produetton iat_e of pr"xisting
neotli-*ells would,drop..to a level which woutd not support
extsang:Rand Vses for whit h'permits liave been::gtanted)7',
c)- Cieate QfR conteliute znnoff water_„which would exceed the 12,19 X
riapaetty,,:of existing or planned.storm wale o drainage systems or r
:`additional, sbutc"_es of:iu`noff to or,suture, waters
iiibCttoing, but not lutuiecl,to, wedagds, nparian areas;_ponds:
4 spgngsi cre1eks,streams,rivers lakes;rsturtties U., are
OCCei/ as,bars,
T-Y B ' 1•• * .[.:.1 - t.,
dj Substantially falter,ihe existing drainage„pattern of the site (if 19 X
tura
msto
tn:.i'i:mao[iec:wlucfi�would resblt to substantial eR ori
st7tauoi:onsite of ofstte? ,..
0,='Substantially alter the eAstigg drainage•pattom.of,th".kite or- 19 X
area in it,manger• whi6:wot`li d iesylt.Mn—_uU is(ar fiw•floodm'g,
onsite of offsite?
f) Place housing within a 100-year flood'hazard area as mapped on 26 X
a Federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map?
g) Place within a 100,-year flood.hazard area structures which' 26 X
would impede or redirect flood flows?
.h). ".I the project introduce typical-storm mater pollutants into; 12 X
rbund�orsurface waters?_•` ;
i) Will''i tproject-alter ground water: or surface water-)t it 12 X
:tem rature;,dissolved oa ien,,or,turfiidi
Evaluation
Vr CRY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHEcKUST 2004
Issues, Discussion and Support nformation Sources Sources P' dy Potentially t4HtTMV
SiL ant Significant Significant impact
ER#95-03 issues Unless Impact
Mitigation
Incorporated
a)b) The project will not violate any water quality standards or waste discharge requirements. The project will be served by
the City's sewer and water systems and will not use or otherwise deplete groundwater resources.
c) d) Physical improvement of the project site will be required to comply with the drainage requirements of the City's
Waterways Management Plan. This plan was recently adopted for the purpose of insuring water quality and proper drainage
within the City's watershed. The Waterways Management Plan requires that site development be designed so that post-
development site drainage does not exceed pre-development run-off. This can be achieved through a combination of
detention and use of pervious surfaces to increase water absorption on-site. Compliance with the requirements of the plan are
sufficient to mitigate any potentially significant impacts of the project in the area of water quality and hydrology. The project
proposes two detention basins and the Public Works Department has determined that the proposed sizes of the basins are
sufficient to avoid drainage impacts,such as flooding,on-site or downstream.
e) f) g) h) I) The project site is not within the boundaries of an area subject to inundation from flood waters in a 100-year
storm and will not impede or re-direct any such water flows. The project will introduce typical pollutants to the creek system
by carrying water from impervious surfaces,such as driveways,through the stormdrain system and into the creeks of the local
watershed. The amount of new impervious surfaces is significant, and stormwater runoff from all improved areas of the
development site, except rooftops, shall be treated in accordance with the Best Management Practices (BMPs) published in
the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of
water quality design,all water quality BMPs shall be designed to treat runoff from a 25 mm/24-Hour storm event.
Mitigation Measure:
1. Stormwater runoff from all improved areas of the development site,except rooftops, shall be treated in accordance with the
Best Management Practices(BMPs)published in the California Stormwater Quality Association's Best Management Practice
Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff
from a 25 mm/24-Hour storm event.
Conclusion: Potentially significant unless mitigation incorporated.
10. LAND USE AND PLANNING. Would theproject:
a) Conflict with applicable land use plan, policy, or regulation of 1,8 X
an agency with jurisdiction over the project adopted for the
purpose of avoiding or mitigating an environmental effect?
b) Physically divide an established community? 1,10 X
c) Conflict with any applicable habitat conservation plan or natural 1,12 X
community conservationplans?
Evaluation
a) The project is located in an area designated Low Density Residential on the General Plan Land Use Element map,and the
site is zoned Low Density Residential (R-1). The City's Open Space Element requires developments to include buffer areas
next to creeks and wetlands to protect riparian habitat. The project is providing the minimum required setback(20 feet from
top of bank or edge of riparian vegetation, which ever is greater) for the creek located along the southeast property line, as
well as buffers around significant wetland areas, consistent with the City's Open Space Element and Creek Setback
Ordinance.Work within the creek or wetland areas will require approval by the Department of Fish and Game and U.S.Army
Corps of Engineers. Approval of permits from these agencies will ensure that there are no conflicts with any environmental
policies adopted by those agencies. The subdivision of the property into 13 single family residential lots, as proposed, would
not conflict with any plan or policy adopted for the purpose of avoiding or mitigating an environmental effect.
b)c)The project will not physically divide an established community or conflict with any applicable habitat conservation plan
or natural community conservation plans.
Conclusion: Less than significant impact.
11.NOISE. Would the project result in:
a) Exposure bf people.toor genmation of "unacceptable" corse 3,18 X
levels as defined by the San Jars Obispo General Plan No
�� CRY OF SAN Luis OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2004
Issues, Discussion and Supporth formation Sources Sources Pote + Potentially IJAiI dC
Sig[. t Significant Significant Impact
ER#95-03 Issues Unless Impact
Mitigation
Incorporated
Element, or general noise levels in excess of standards
established in the Noise Ordinance?
b) A substantial temporary, periodic, or permanent increase in X
ambient noise levels in the project vicinity above levels existing
without the project?
c) Exposure of persons to or generation of excessive groundborne 3,18 X
vibration or groundbome noise levels?
d) For a project located within an airport land use plan, or within 27 X
two miles of a public airport or public use airport, would the
project expose people residing or working in the project area to
excessive noise levels?
Evaluation
a) According to the Noise Contour Map in the Noise Element, the building envelopes established for lots 8, 9 & 10 are
located within an area susceptible to 60-70 decibles (dB) Ldn due to transportation noise generated from Johnson Avenue.
Maximum noise exposure for residential uses is 45 dB for indoor spaces and 60 dB for outdoor activity areas. Development
of the lots with single family homes could expose people to unacceptable noise levels, if not properly mitigated. Mitigation
contained in the City's Noise Guidebook shall be incorporated into the design of the buildings on lots 8,9& 10 to ensure that
noise impacts are reduced to a less than significant level.
b) Site development will temporarily increase ambient noise levels. This type of noise is regulated by the City's Noise
Ordinance,which regulates times of construction and maximum noise levels that may be generated. If noise levels exceed the
Noise Ordinance thresholds,the property owner would be subject to possible citations.
c) d)The project will not expose people to the generation of excessive groundborne noise levels or vibration. The project is
not within the County's Airport Land Use Plan area for San Luis Obispo Airport.
Mitieation Measures:
1. The following construction methods shall be incorporated in to the design of the buildings on lots 8, 9 & 10 to achieve a
Noise Level Reduction of 25 dB for transportation related noise sources:
a. Provide air conditioning or a mechanical ventilation system,so windows and doors may remain closed.
b. Mount windows and sliding glass doors in low air infiltration rate frames(0.5 cfm or less,per ANSI specifications).
c. Provide solid-core exterior doors with perimeter weather stripping and threshold seals.
d. Cover exterior walls with stucco or brick veneer, or wood siding with W' minimum thickness fiberboard
("soundboard").
e. Keep glass area in windows and doors below 20%of the floor area in a room.
f. Provide baffles for roof or attic vents facing the noise source.
2. A sound barrier shall be installed for lots 9 & 10 as necessary to achieve the required I OdB of outdoor noise reduction for
lot 9 and 5 dB outdoor noise reduction for lot 10. The design of the noise barriers shall be reviewed and approved through
the Architectural Review process as part of the design review of the homes, prior to installation, to ensure design
consistency with the Community Design Guidelines. Depending on the design and location of the home and sound barrier
for lot 9, a 5dB outdoor noise reduction may be achieved for lot 10, and a separate sound barrier may not be required for
this lot. A continuous sound wall is the least desirable solution to address this impact.Partial walls, building placement, or
other solution shall be given preference consistent with General Plan policy direction.
Conclusion: otentially significant unless mitigation incorporated.
12. POPULATION AND HOUSING. Would theproject:
a) Induce substantial population growth in an area, either directly
___(fpr rx-u4, pn le_by__p s new_homes, or bq&esses) or X
�i Crry of SAN Luts 09tsPo - 16 INmAL STUDY&wmNuEMAt.C tEcmmT 2004
(n -4D V
Issues, Discussion and Support iformation Sources Sources Pot a Potentiallys
Sig. At Significant Significant Impact
Issues Unless Impact
ER#95-03 Mitigation
Inco fated
indirectly (for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing or people X
necessitating the construction of replacement housing
elsewhere?
Evaluation
a) b)The population added by this project is within the General Plan's projection and will not induce substantial growth into
the area or result in population exceeding local and regional growth projections. The project site is bordered by urban
development and the development of the site represents an in-fill development opportunity. This type of development is
encouraged because it can take advantage of existing facilities for water,sewer,storm drainage,transportation and parks. The
project site is presently vacant undeveloped land;therefore,housing or people will not be displaced by the project.
Conclusion:Less than significant impact.
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision, or need, of new or physically altered government facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services:
a) Fre protection? 12 X
b) Police protection? 12 X
c) Schools? 12 X
d) Parks? 12 X
e) Roads and other transportation infrastructure? 12 X
f) Other public facilities? 12 X
Evaluation
a) b) d) e) f) No potential impacts have been identified to any public services because of the scale of the project and its
location within a developed portion of the City.
c) The school districts in the state are separate governing bodies with authority to collect fees to finance school construction
and parcel acquisition. Section 65955 of the Government Code prohibits the City from denying a subdivision or collecting
any fees beyond those required by the school district itself,to mitigate effects of inadequate school facilities. Any effect that
the additional children will have on school facilities will be mitigated in whole or in part by the districts per square foot fees,
charged at the time of building permit issuance for each residence.
Conclusion: No impact.
14.RECREATION. Would theproject:
a) Increase the use of existing neighborhood or regional parks or X
other recreational facilities such that substantial' physical
deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or X
expansion of recreational facilities,which might have an adverse
physical effect on the environment?
Evaluation
a)The project will add incrementally to the demand for parks and other recreational facilities. However,given the size of the
subdivision (13 lots) and expected number of residents, no significant recreational impacts are expected to occur with
development of the site. Park Land In-Lieu fees will be collected, with credit given for the existing lot, to insure adequate
provision of park facilities for the new residents of the project,per existing City policy.
b)The project does not include the construction or expansion of recreational facilities.
mai Crry of Sari Luis Oelspo 17 lmmAL STUDY ENmoNmtEWAL CHECKLIST 2004
Issues, Discussion and Supportir, ormation Sources Sources Pote. " Potentially 1> s I-
01
'
sign Significant Significant Impact
ER #95-03 Issues Unless Impact
Mitigation
Inco rated
Conclusion:Less than significant impact.
15. TRANSPORTATION/TRAFFIC. Would theproject:
a) Cause an increase in traffic which is substantial in relation to the 2, 17, X
existing traffic load and capacity of the street system? 35
b) Exceed, either individually or cumulatively, a level of service 2, 35 X
standard established by the county congestion management
agency for designated roads and highways?
c) Substantially increase hazards due to design features(e.g. sharp 12 X
curves or dangerous intersections) or incompatible uses (e.g.
farm equipment)?
d) Result in inadequate emergency access? 4, 12 X
e) Result in inadequate parking capacity onsite or offsite? 9 X
f) Conflict with adopted policies supporting alternative 2,12 X
transportation(e g.bbs turnouts,bicycle racks)?
g) Conflict with the with San Luis Obispo County Airport Land 27 X
Use Plan resulting in substantial safety risks from hazards,noise,
or a change in air trafficpatterns?
Evaluation
a) b) Johnson Avenue and Fixlini Street provide access to the project site. The City's General Plan Circulation Element
classifies Fixlini Street as a Local Street. The Element states that Local Streets should have two travel lanes, a maximum
ADT of 1,500 vehicles, and a maximum speed of 25 miles per hour. The Element designates Johnson Avenue as a
Residential Arterial. The Element states that these types of streets should have 2-4 travel lanes,should operate at a maximum
LOS D,and a maximum speed of 35 miles per hour. The proposed project will not result in changes to this criteria.
The traffic consultant estimates development of the 13 single family home project will generate 124 average daily vehicle
trips (ADT) and concludes that this small increase will have a negligible effect on the area wide circulation system and the
need for signalization of the Johnson and Ella Street intersection.
In summary, the proposed project would add vehicular trips to local and area streets. The existing streets have sufficient
unused capacity to accommodate the added vehicular traffic without reducing existing levels of service. Therefore, the
proposed project would not result in a significant impact with regard to increased vehicular trips.
c)The City's Transportation Division has determined that the applicant's proposed design of the Johnson/Fudini intersection
will provide sufficient visibility for motorists entering and exiting the project site provided: 1) Turning movements are
limited to right turn in and out until such time as a dedicated center turn lane is installed on the project's Johnson Avenue
frontage;and 2)the existing power poles on the project's Johnson Avenue frontage are removed;and 3)under the direction of
the City's Natural Resources Manager, the vegetation along the project's Johnson Avenue frontage is trimmed to provide
adequate visibility for motorists.
d) The Fire Marshall has reviewed the Fixlini Street extension proposed for the project and determined that the site can be
adequately accessed by emergency vehicles in its present design.
e)An exception to the City's street development standards(street width)is being requested for an alternate street section. For
projects that do not provide standard curb side parking,a parking equivalent of one space for each 25 feet of frontage shall be
provided per Section 16.36.030 of the Municipal Code. Plans indicate the project can fulfill its on-site and off-site parking
requirements by providing one additional on-site parking space per lot and four off-site street parking spaces for a total of
seventeen spaces. The project's parking proposal for use of an alternate (lesser width) street section has been found
consistent with Chapter 16.36 of the Municipal Code by the City's Public Works Department.
�ti CRY OF SAN Luis Oespo 18 INITIAL STUDY ENvtttoNMENTAL CNEcKusT 2004
Issues, Discussion and Support aformation Sources Sources Poo �Iy Potentially b i
Siz rat Significant Significant Impact
ER#95-03 Issues Unless Mitigation Impact
Incorporated
f) A 10-foot wide pedestrian access easement is proposed to connect the existing neighborhood bordering the site to the
northwest to the County owned property to the southeast, providing for an alternative bicycle and pedestrian access route to
Johnson Avenue. In order to properly connect the existing neighborhood to the easement, sidewalk improvements for lots 1,
2, 3 & 4 on the easterly side of the Fixlini Street extension shall be installed and properly connected to existing public
improvements ending at the northwest property boundary. In addition, residents of the project will have convenient access to
transit stops on Johnson Avenue.
g)The project is not within the County's Airport Land Use Plan area for San Luis Obispo Airport.
Mitigation Measures:
1. Turning movements at the Johnson/Fixlini intersection are limited to right turn in and out until such time as a dedicated
center tarn lane is installed on the project's Johnson Avenue frontage.
2.The existing power poles on the project's Johnson Avenue frontage shall be removed.
3.The vegetation along the project's Johnson Avenue frontage shall be trimmed and maintained to provide adequate visibility
for motorists,subject to the approval of the Public Works Director and Natural Resources Manager.
4. Since an alternate, lesser width, street section is being utilized for the project and curbside parking is not provided, a
parking equivalent of one space per 25 feet of frontage,for a total of seventeen spaces,shall be provided for the project to the
approval of the Public Works and Community Development Directors. Such alternate parking shall be provided within a
public right-of-way,or on lots adjacent to the street,with convenient access to the street.
5. Prior to final map approval and recordation,a 10-foot wide pedestrian access easement shall be recorded for the purpose of
providing an alternative bicycle and pedestrian transportation route through the project site, subject to the approval of the
Public Works Director and Natural Resources Manager.
6.Sidewalk improvements shall be installed on the easterly side of the Fixlini Street extension for lots 1,2,3 &4 to properly
connect the project to existing sidewalk improvements along Fixlini Street and the 10-foot wide pedestrian access easement,
subject to the approval of the Public Works Director.
Conclusion:Potentially significant unless mitigation incorporated.
16.UTHZ=AND SERVICE SYSTEMS. Would the rQiect:
a) Exceed wastewater treatment requirements of the applicable 12 X
Regional Water Quality Control Board?
b) Require or result in the construction or expansion of new water 12 X
treatment, wastewater treatment, water quality control, or storm
drainage facBifies, the construction of which could cause
significant environmental effects?
c) Have sufficient water supplies available to serve the project 12 X
from existing entitlements and resources, or are new and
expanded water resources needed?
d) Result in a determination by the wastewater treatment provider, 12 X
which serves or may serve the project that it has adequate
capacity to serve the project's projected demand in addition to
the provider's existing commitment?
e) Be served by a landfill with sufficient permitted capacity to 24 X
accommodate the project's solid waste disposal needs?
f) Comply with federal, state, and local statute's and regulations 24 X
related to solid waste?
Evaluation
�� CRY of SAN Luis OstsPo 19 — INITIAL STwY ENv1RONMENTAL CNEcKusT 2004
Issues, Discussion and Supportir `ormation Sources sources Pate. LEgnificant
lly t ,
Sign Significant Impact
ER#95-03 halloUnless
onImpact
ated
a), b) This project has been reviewed by the City's Utilities Engineer and no resource/infrastructure deficiencies have been
identified. Future site development is subject to water impact fees which were adopted to ensure that new development pays
its fair share of the cost of constructing the water supply,treatment and distribution facilities that will be necessary to serve it.
c) The City has adopted Water Allocation Regulations to insure that increased water use by new development and land use
changes do not jeopardize adequate water service to current and new customers. Section 17.89.030 of the regulations states
that a water allocation shall be required to: "obtain a connection to the city water system for a structure or facility not
previously connected; change the use of land or buildings, whether or not a construction permit is also required; obtain a
construction permit." Compliance with the City standards and State requirements will assure that impacts to water supplies
are less than significant.
d) The City wastewater treatment plant and existing sewers in the vicinity have sufficient capacity to serve the project site.
The developer will be required to construct private sewer facilities to convey wastewater to the nearest public sewer. The on-
site sewer facilities will be required to be constructed according to the standards in the Uniform Plumbing Code. Impact fees
are collected at the time building permits are issued to pay for capacity at the City's Water Reclamation Facility. The fees are
set at a level intended to offset the potential impacts of each new residential unit in the project.
e) f) Background research for the Integrated Waste Management Act of 1989 (AB939) shows that Californians dispose of
roughly 2,500 pounds of waste per month. Over 90% of this waste goes to landfills, posing a threat to groundwater, air
quality, and public health. Cold Canyon landfill is projected to reach its capacity by 2018. The Act requires each city and
county in California to reduce the flow of materials to landfills by 50%(from 1989 levels)by 2000. To help reduce the waste
stream generated by this project,consistent with the City's Source Reduction and Recycling Element,recycling facilities must
be accommodated on the project site and a solid waste reduction plan for recycling discarded construction materials roust be
submitted with the building permit application. The project is required by ordinance to include facilities for recycling to
reduce the waste stream generated by the project,consistent with the Source Reduction and Recycling Element.
Conclusion: Less than significant impact.
17.MANDATORY FINDINGS OF SIGNIFICANCL
a) Does-the project have the potential to degrade the quality of the X
environment,substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal
community,reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the nutior periods of California history or rehisto
Without mitigation,the project could have the potential to have adverse impacts on all of the issue areas checked in the Table
on Page 3.
b) Does the project have impacts that are individually limited, but X
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of the past projects,
the effects of other current projects, and the effects of probable
future projects
The impacts identified in this initial study arespecific to this project and would not be categorized as cumulative) si nificant.
c) Does the project have environmental effects, which will cause X
substantial adverse effects on human beings; either directly or
indirectly?
With the incorporation of a mitigation measures,the project will not result in substantial adverse impacts on humans.
I&EARLIER ANALYSES.
Earlier-analysis may be used where,pursuant to th'e,tiering,.program E1R,or:other CEQA:pix=ssi one or more effects have
been adequately analyzed in an earlier EIR or Negative Det latation. Sectidn:15063(c) (3) (D): In this"c" a.discussion
islioiildsdenti 'aIfefollowin"items: - `_ -
��� CRY OF SAN LUIS OBLSpo 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2004
Issues, Discussion and Support' Tformation Sources Sources Por .Iy Potentially i•.
Si& nt Significant Significant Impact
ER#95-03 J Issues unless Impact
Mitigation
Incorporated
a Earlier analysis used. Identify earlier analyses and state where they are available for review.
N/A
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
N/A
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site-specific
conditions of the project.
N/A
19. SOURCE REFERENCES.
1. City of SLO General Plan Land Use Element,August 1994
2. City of SLO General Plan Circulation Element,November 1994
3. City of SLO General Plan Noise Element,May 1996
4. City of SLO General Plan Safety Element,July 2000
5. City of SLO General Plan Conservation Element,July 1973
6. City of SLO General Plan Energy Conservation Element,Aril 1981
7. City of SLO Water and Wastewater Element,July 1996
8. City of SLO General Plan EIR 1994 for Update to the Land Use and Circulation Elements
9. City of San Luis Obispo Municipal Code
10. City of San Luis Obispo,Land Use Inventory Database
11. Site Visit
12. Staff Knowledge
13. USDA,Natural Resources Conservation Service,Soil Survey of San Luis Obispo Count
14. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency:
http://www.consrv.ca.gov/dlrp/FMMP/
15. Clean Air Plan for San Luis Obispo County,Air Pollution Control District,2001
16. CEQA Air Quality Handbook,Air Pollution Control District,2003
17. Institute of Transportation Engineers,Trip Generation Manual,6 Edition,on file in the Community Development
Department
18. City of San Luis Obispo N ise Guidebook,May 1996
19. City of SLO Waterways Management Plan
20. City of San Luis Obispo, Historic Resource Preservation Guidelines, on file in the Community Development
Department
21. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community
Development Department
22. City of San Luis Obispo,Historic Site Ma
23. City of San Luis Obispo Burial Sensitivity Ma
24. City of SLO Source Reduction and Recycling Element,on file in the Utilities Department
25. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist-Priolo
Earthquake Fault Zoning Act,effective January 1, 1990
26. Flood Insurance Rate M (Community Panel 0603100005 C dated July 7, 1981
27. San Luis Obispo County Airport Land Use Plan
28. 2001 Uniform Building Code
29. USFWS Protocol California Red-Legged Frog Surveys,Rincon Consultants,Inc.dated December 23,2002
30. Biological Resources Assessment and Constraints Analysis,Rincon Consultants,Inc.dated September 10,2002
31. Wetland Delineation of Waters of the United States,Rincon Consultants,Inc.dated February 18,2003
32. Phase I Archaeological Study,Rincon Consultants,Inc.dated August 2002
33.
Engineering Geology Investigation and Soil Engineering Report,GeoSolutions.Inc.dated July 14,2003
34. Phase I Environmental Site Assessment,Rincon Consultants,Inc.dated August 12,2002
CrrY of SAN Luis OBtsPo 21 INmAL STtmY Ew=NuENrAL CNEcKLisT 2004
CQ ��
Issues, Discussion and Supportii `ormation Sources Sources Potr Potentia*
Sign i Significant Significant Impact
ER#95-03 Issues Unless Impact
Mitigation
Inco rated
35. 1 Traffic Assessment and Traffic Signal Warrant Analysis,Orosz Engineering Group,Inc.dated November 5,2003
Attachments:
REQUIRED MITIGATION AND MONITORING PROGRAMS
Mitigation Measure:Aesthetics
1. All 13 lots are designated as "sensitive sites". This status ensures that future site development will respect existing
site constraints (slope, creek, springs, trees), privacy of occupants and neighbors of the project, and be compatible
with the scale and character of the surrounding neighborhood. The development of the lots, either cumulatively or
individually,will require Architectural Review in accordance with Municipal Code Section 2.48.
➢ Monitoring Program: Compliance with this requirement will be monitored through the review of detailed plans
submitted for Architectural Review and Building Permit by the Community Development Department staff.
Mitigation Measures:Air Quality
2. Development of the site could result in increased levels of fugitive dust associated with construction and grading
activities, as well as construction emissions associated with heavy-duty construction equipment. The following
mitigation measures have been provided by the APCD to control dust and minimize potential violations for the
project:
(A) Reduce the amount of the disturbed area where possible.
(B) Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
Increased watering frequency whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be
used whenever possible.
(C) All dirt stock-pile areas should be sprayed daily as needed.
(D) Permanent dust control measures identified in'the approved project revegetation and landscape plans shall be
implemented as soon as possible following completion of any soil disturbing activities.
(E) All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute
netting,or other methods approved in advance by the APCD.
(F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the site.
(G) In the event that the excavation of materials will take place in close proximity of asphalt,street sweepers shall be
used at the end of each day if soil material is carried onto adjacent paved roads.
(H) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet
of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC section
23114.
(1) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading
should be sown with a fast-germinating native grass seed and watered until vegetation is established.
(J) Plant shade trees along southern exposures of buildings to reduce sumuner cooling needs as well as planting trees
on both sides of the roads to reduce the reflective radiating heat of asphalt roads.
(K) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and
equipment leaving the site.
(L) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.Water sweepers
with reclaimed water should be used where feasible.
CITY of SAN Luis OBIsm 22 INnUL SrunY ENVWtW iEWAL CHECKLIST 2004
Issues, Discussion and Supportf, formation Sources Sources Pot' y Potentially
Sign. at Significant Significant Impact
ER #95-03 Issues unless Impact
Mitigation
Intoorporated
All PM mitigation measures must be included on grading and building plans. In addition, the contractor or builder
shall designate a person or persons to monitor the dust control program and to order increased watering, as
necessary, to prevent transport of dust off site. Their duties shall include holidays and weekend periods when work
may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use
clearance for map recordation and grading.
3. The project site is located in a Naturally Occurring Asbestos candidate area.Naturally Occurring Asbestos has been
identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics
Control Measure(ATCM)for Construction, Grading, Quarrying, and Surface Mining Operations, the applicant must
comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface
Mining Operations: These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program
will also be required for some projects, to the approval of the APCD. The APCD monitors State air quality
requirements and will be routed plans that are submitted for building permits for the project to insure compliance
with all standards and requirements. APCD also responds in the field during construction on a complaint basis.
➢ Monitoring Program: Construction phase air quality mitigation measures are monitored by the Air Pollution Control
District (APCD), through a complaint based enforcement system. The requirements listed above are noted on the
project plans and the City Building Inspector and Public Works Inspector for the project are instructed to contact
APCD in the event of probably violation. Members of the public can also call APCD if they are concerned about
dust or other emissions from a construction site. Building permits for the project will not be issued until the APCD
has"signed-off'on the applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program.
Mitigation Measures:Biological Resources
4. The disruption of the wetland and creek areas will be properly mitigated by complying with the California
Department of Fish and Game streambed alteration permits and the U.S. Army Corps of Engineers wetland permits.
The applicants (or their successors) for the proposed project will prepare the necessary documentation/mitigation
plans to obtain the permitting from these agencies.
5. Prior to final trap approval and recordation, a Biological Open Space Easement Agreement shall be recorded to
ensure that the riparian woodland, wetland and oak woodland resources are properly protected and managed after
site development and no ornamental planting or other related disturbances occur following development, subject to
the approval of the Natural Resources Manager.
6. Once a more detailed grading plan is available, a plant ecologist/restoration specialist shall prepare a landscape
restoration plan for the open space easement.The plan shall survey the site for sensitive plant species as identified in
the Biological Resources Assessment and Constraints Analysis prepared by Rincon Consultants Inc.; identify
suitable sites for replanting the species affected, establish replanting ratios, and contain a monitoring plan to ensure
the success of the replanting. Planting shall be completed as part of subdivision improvements.
7. A control fence delineating the open space easement boundary shall be installed prior to construction. A qualified
biological monitor shall be present during all construction or landscaping activities scheduled to take place within
the barrier,to the approval of the Natural Resources Manager.
8. Erosion control measures shall be used to ensure that no sedimentation of the creek channel occurs as a result of
construction activities.
9. The Architectural Review Commission shall review the design and location of all fencing proposed adjacent to the
open space easement to ensure consistency with the Creek Setback Ordinance and the Community Design
Guidelines.
�� CRY OF SAN Luis OBIspo 23 INITIAL STUDY ENVIRONMENTAL CHECKUST 2004
Issues, Discussion and Supporti, formation Sources sews Pott Potentially L&A Vftgt�'J
Sign. t Significant Significant Impact
ER#95-03 Issues Unless Impact
Mitigation
Incorporated
10. Tree #111, a 7" DBH Coast Live Oak, shall be preserved and protected through means established by the
International Society of Arboriculture to the satisfaction of the City Arborist.
11. All approved tree removals shall comply with all requirements contained in the Migratory Bird Treaty Act, which
prohibits the removal of trees with active nests until such time as the young have fledged and the nest is abandoned.
➢ Monitoring Program: Compliance with these requirements will be monitored by the Community Development and
Public Works Departments through review of the project's Biological Easement Agreement, final map requirements,
daily on-site inspections by the Building and Public Works Inspectors, architectural review of the new home designs
and release of building occupancy.
Mitigation Measure: Geology and Soils
12. Building plans and specifications for site development shall incorporate all recommendations included in the
Engineering Geology Investigation and Soil Engineering Report prepared by GeoSolutions,Inc.for the project dated
July 13,2003,subject to the approval of the Chief Building Official.
➢ Monitoring Program: Building permits are required for all proposed grading activities and construction of common
improvements on-site. These building permits will be evaluated for compliance with the recommendations of the
soils report.
Mitigation Measure: Hazards and Hazardous Materials
13. Prior to issuance of a building permit for any site improvements,the half buried 55-gallon drum shall be removed by
a qualified professional and disposed of at a facility able to adequately handle the container and its contents, and any
contamination identified by the qualified professional shall be removed from the site and cleaned-up to meet
Regional Water Quality Control Board standards.
➢ Monitoring Program: The Planning Division of the Community Development Department will review plans
submitted for any building permit application and require that the applicant provide documentation that the half
buried 55-gallon drum has been property removed from the site,and any residual contamination cleaned-up to meet
Regional Water Quality Control Board standards.
Mitigation Measure:Hydrology and Water Quality
14. Stormwater runoff from all improved areas of the development.site, except rooftops, shall be treated in accordance
with the Best Management Practices (BMPs) published in the California Stormwater Quality Association's Best
Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs
shall be designed to treat runoff from a 25 mm/24-Hour storm event.
Monitoring Program: Building permit applications submitted for subdivision improvements and applications for
Architectural Review of house designs will be reviewed by the Public Works and Community Development
Departments for compliance with this requirement.
Mitigation Measures: Noise
15. The following construction methods shall be incorporated in to the design of the buildings on lots 8, 9 & 10 to
achieve a Noise Level Reduction of 25 dB for transportation related noise sources:
(A) Provide air conditioning or a mechanical ventilation system,so windows and doors may remain closed.
(B) Mount windows and sliding glass doors in low air infiltration rate frames (0.5 cfm or less, per ANSI
specifications).
(C) Provide solid-core exterior doors with perimeter weather stripping and threshold seals.
�: CRY OF SAN Luis Owspo 24 ImnAL STUDY EiMRONMENTAI_CHECKLIST 2004
Issues, Discussion and Support ifornation Sources Sources Pot, -Iy Potentially Less an o
Sig, It Significant Significant Impact
ER#95 03 Issues unless Impact
Mitigation
Incorporated
(D) Cover exterior walls with stucco or brick veneer, or wood siding with i/x" minimum thickness fiberboard
("soundboard").
(E) Keep glass area in windows and doors below 20%of the floor area in a room.
(F) Provide baffles for roof or attic vents facing the noise source.
16. A sound barrier shall be installed for lots 9 & 10 as necessary to achieve the required 10dB of outdoor noise
reduction for lot 9 and 5 dB outdoor noise reduction for lot 10. The design of the noise barriers shall be reviewed
and approved through the Architectural Review process as part of the design review of the homes, prior to
installation, to ensure design consistency with the Community Design Guidelines. Depending on the design and
location of the home and sound barrier for lot 9, a 5dB outdoor noise reduction may be achieved for lot 10, and a
separate sound barrier may not be required for this lot. A continuous sound wall is the least desirable solution to
address this impact. Partial walls,building placement; or other solution shall be given preference consistent with
General Plan policy direction.
➢ Monitoring Program: Compliance with these requirements will be monitored through the review of detailed plans
submitted for Architectural Review and Building Permit by the Community Development Department staff.
Mitigation Measures:Transportation/Traffic
17. Turning movements at the Johnson/Fixlini intersection are limited to right turn in and out until such time as a
dedicated center turn lane is installed on the project's Johnson Avenue frontage.
18. The existing power poles on the project's Johnson Avenue frontage shall be removed.
19. The vegetation along the project's Johnson Avenue frontage shall be trimmed and maintained to provide adequate
visibility for motorists,subject to the approval of the Public Works Director and Natural Resources Manager.
20. Since an alternate,lesser width,street section is being utilized for the project and curbside parking is not provided,a
parking equivalent of one space per 25 feet of frontage, for a total of seventeen spaces, shall be provided for the
project to the approval of the Public Works and Community Development Directors. Such alternate parking shall be
provided within a public right-of-way,or on lots adjacent to the street,with convenient access to the street.
21. Prior to final map approval and recordation, a 10-foot wide pedestrian access easement shall be recorded for the
purpose of providing an alternative bicycle and pedestrian transportation route through the project site,subject to the
approval of the Public Works Director and Natural Resources Manager.
22. Sidewalk improvements shall be installed on the easterly side of the Fixlini Street extension for lots 1, 2, 3 &4 to
properly connect the project to existing sidewalk improvements along Fixlini Street and the 10-foot wide pedestrian
access easement,subject to the approval of the Public Works Director.
Monitoring Program: Building permit applications submitted for subdivision improvements will be reviewed by the
Public Works and Community Development Departments for compliance with these requirements.
mar CRY OF SAN LUIS Oetspo 25 INITIAL STUDY ENVIRONMENTAL CliECKUST 2004
_! SAN LUIS OBISPO Attachment 5
PLANNING COMMISSION MINUTES
September 22, 2004
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on
Wednesday, September 22, 2004, in the Council Chamber of City Hall, 990 Palm
Street, San Luis Obispo.
ROLL CALL:
Present: Commrs. Andrea Miller, Orval Osborne, Alice Loh, Jim Aiken, and
Chairperson James Caruso
Absent: Commrs. Michael Boswell and Carlyn Christianson
Staff: Senior Planner Jeff Hook, Associate Planner Tyler Corey, Deputy
Community Development Director Ronald Whisenand, Supervising Civil
Engineer Rob Livick, Natural Resources Manager Neil Havlik, Deputy
Public Works Director Tim Bochum, Assistant City Attorney Gil Trujillo,
and Recording Secretary Irene Pierce
ACCEPTANCE OF THE AGENDA
The agenda was accepted as presented.
APPROVAL OF THE MINUTES:
The Minutes of September 8, 2004, were approved as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
There were no comments made from the public.
PUBLIC HEARING ITEMS:
1. 2070 MAIM Street TR and ER 95-03; Request for a tentative map to create 13 lot
subdivision on land totaling 4.6 acres; R-1 zone; Steve Miller, applicant.
(Tyler Corey)
Associate Planner Tyler Corey presented the staff report recommending that the City
Council approve the vesting tentative tract map and mitigated negative declaration of
environmental impact for the project, based on findings and subject to conditions and
code requirements.
John French, applicant's representative, gave an overview of the project explaining how
some issues were addressed and how they came up with the proposed design. He
Planning Commission Minutes
September 22, 2004 Attachment 5
Page 2
noted that a soils engineering report, biological assessment and wetlands delineation
was prepared for the project.
PUBLIC COMMENTS:
Dan Carpenter, 2030 Johnson Avenue, expressed concerns with the traffic that will be
created by this development. He noted that a senior housing project is being built off
Ella Street, which will create more traffic at this intersection and suggested traffic
calming measures be implemented on this block.
Mary Beth Schroeder, 2085 Wilding Lane, spoke in support of the project.
There were no further comments made from the public.
COMMISSION COMMENTS:
Commission discussion focused on traffic impacts to the existing neighborhood, natural
resource protection of the site and the Tree Committee's decision to retain tree #111, a
Coast Live Oak located in the proposed public . right-of-way of the Fixlini Street
extension.
Commr. Loh moved the staff recommendation with Condition 5 addressing
identification, being added, as recommended by staff. Seconded by Commr. Aiken.
AYES: Commrs. Loh, Aiken, Miller and Osborne
NOES: Commr. Caruso
ABSENT: Commrs. Boswell and Christianson
ABSTAIN: None
The motion carried on a 4:1 vote.
4041 Broad Street. .PD .and ER 121-04; Amendment to Planned Development to
reconfigured site plan and medical office uses; C-S-PD zone; Nick Tompkins,
apple (Phil Dunsmore)
Associate Planner Corey presented the staff report recommending approval of the
amendment to allow me ' I office uses, approval of a use permit to allow the medical
office uses, and approval o modified development plan including a 10% shared
parking reduction.
Mike Peachy, applicant's representative, ained the proposed project is unique
because they are offering ownership.
PUBLIC COMMENTS:
Steve Delmartini, 962 Mill Street, expressed support for the project, 'ng the need for
doctors in this community, and felt this community must approve these of projects
to keep doctors from relocating to other communities.
Attachment �.
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM# 1
BY: Tyler Corey, Associate Planner(781-7169) DATE: September 22, 2004
FROM: Ronald Whisenand, Deputy Director of Community Developmenr�
FILE NUMBER: TR/ER 95-03 (County Tract Map No. 2570)
PROJECT ADDRESS: 2070 Fixlini Street
SUBJECT: TR/ER 95-03 = Environmental review and consideration of a vesting tentative tract
map to create 13 single-family residential lots with exceptions, on R-1 zoned property located on
the northeast side of Johnson Avenue, between Ella and Bishop Streets.
RECOMMENDATION
Recommend that the City Council approve the vesting tentative tract map, and mitigated negative
declaration of environmental impact for the project, based on findings and subject to conditions
and code requirements.
BACKGROUND
Situation
The City has received an application for a vesting tentative tract map, including exceptions to the
Subdivision Regulations, and environmental review to create 13 single-family residential lots on
a 4.55-acre site on the northeast side of Johnson Avenue between Bishop and Ella Streets. On
August 23, 2004, the Tree Committee reviewed and approved all but one of the proposed tree
removal requests associated with future site development, consistent with the City's Tree
Regulations. The Planning Commission reviews vesting tentative tract maps and environmental
documents and makes a recommendation to the City Council, which takes a final action on such
requests.
Data Summary
Address: 2070 Fixlini Street
Applicant: Steve Miller
Representative: RRM Design Group
Zoning: R-1 (Low Density Residential)
General Plan: Low Density Residential
Environmental Status: A Mitigated Negative Declaration was recommended by the Deputy
Director on September 13, 2004 (ER 95-03). Final action on the environmental document will
be taken by the City Council.
Site Description
The rectangular-shaped site consists of approximately 4.55 acres located on the northeast side of
Johnson Avenue between Bishop and Ella Streets. The site is moderately sloping from east to
west with-an average slope of approximately 12%. The remains of a paved driveway and house
TWER 95-03 (Miller) �: Attachment ,&,
2070 Fixlini Street -
Page 2
foundation are located in the central portion of the site. The property is currently undeveloped
and used as a horse pasture. Two springs, a perennial creek, wetlands and woodlands are found
along the site's southeast and northeast boundaries. The remainder of the site is covered with
various annual grasses.
The site is located in an area primarily comprised of residential and institutional land uses. The
abandoned Sunny Acres Juvenile Hall is located to the northeast of the subject property; single-
family homes are located to the northwest; General Hospital is located to the southeast; and First
Baptist Church is located across Johnson Avenue to the southwest. Zoning surrounding the site
is shown in the attached vicinity map (Attachment 1).
Project Description
The proposed project includes the request for the following entitlements:
➢ Vesting tentative tract map for the creation of 13 single-family residential lots (Tract
2570)
➢ Environmental Review
Future applications to be reviewed by the City include:
➢ Architectural Review of the single-family home designs
The project is a tentative map to subdivide an existing 4.55-acre site into 13 residential lots. The
parcels range in size from 6,003 square feet to 58,238 square feet. The proposed tentative tract
map is a vesting map. Approval of a vesting tentative map confers a 'bested right" to
development in substantial compliance with the ordinances, policies and standards in effect when
the application is determined complete (August 10, 2004). Other components of the subdivision
include site grading and the installation of public improvements, which include the extension of
Fixlini Street to Johnson Avenue and two detention basins. The project involves the dedication of
two biological open space easements totaling 1.84 acres (40 % of the total site area)for the purpose
of managing and protecting an existing perennial creek, two springs, wetlands and woodlands along
the property's southeast and northeast boundaries. A 10-foot wide pedestrian access easement is
proposed to connect the existing neighborhood bordering the site to the northwest to the County-
owned property to the southeast, providing for an alternative bicycle and pedestrian access route
to Johnson Avenue.
EVALUATION
Section 66474 of the California Government Code specifies the findings for approval of a
tentative map. These findings include:
1. The proposed tentative map and its design and improvements are consistent with the General
Plan; and
TRIER 95-03 (Miller) Affach lent !a
2070 Fixlini Street
Page 3
2. The site is physically suited for the type and density of development; and
3. The design of the subdivision will not cause substantial environmental damage or cause
serious public health problems; and
4. The design of the subdivision will not conflict with public easements through or within the
property.
The following discussion evaluates the proposed vesting tentative tract map for consistency with
these findings.
General Plan Consistency
General Plan conformity is essential in reviewing this application. The City must make a.finding
that a tentative map approval is consistent with the General Plan. The site is designated as "Low
Density Residential" on the General Plan Land Use Element (LUE) map and the site is currently
vacant. The General Plan contains several policies on resource protection, subdivision design,
and housing that apply to the project. Those policies are listed below in bold print and staff s
analysis follows in italics.
Open Space Element
General Plan OSE Policies 1.E & 2.G (Creeks & Wetlands) state: Require public or private
development to locate outside a creek corridor or wetland, and creek setback areas and
wetland buffers.
Staff's Analysis: Of the proposed 13 lots, 2 (lots 5 & 8) will be considerably larger than the
others and will include areas containing biological open space easements in favor of the City. A
Wetlands Delineation of Waters of the United States report was prepared for the project site by
Rincon Consultants, Inc.for the purpose of determining the location and extent of the areas that
meet the U.S. Army Corps of Engineers (Corps) criteria as water of the United States, including
wetlands, pursuant to Section 404 of the Clear Water Act (1972). According to the report,
approximately 0.576 acres (25,090 square feet) of the project site could potentially fall under
Section 404 jurisdiction of the Corps. Of this area, 0.038 acres (1,676 square feet) include
portions of the building envelopes for lots 6 & 7. City Natural Resources staff has evaluated this
0.038-acre site and has determined that the site has vegetative indicators, including one native
wetland species and four or five non-native wetland species, consistent with the site's long-time
use as a horse pasture. The site did not contain hydric soils, which is one of the indicators of a
wetland. On that basis, staff concluded that this area would not be classified as a wetland since
it did not have all three features commonly ascribed to wetlands. There were two larger areas
which were clearly wetlands, with natural surface water, hydric soils, and a mix of native
wetland species. Therefore, Natural Resources staff recommended that this smaller wetland-like
area be treated as non-wetlands and the larger; clearly wetland areas with their greater
environmental values be preserved and enhanced. As shown on project plans, the applicant has
agreed to the creation of biological open space easements on the two lots and an enhancement
. CP "
TR/ER 95-03 (Miller) Attac h Tn e nt 6
2070 Fixlini Street
Page 4
program for these easement areas. All proposed building envelopes and site improvements are
located outside of the creek corridor and wetland areas, as well as, the required creek setbacks
and wetland buffers.
General Plan OSE Policies LA & 2.A&B (Creeks & Wetlands) state: Preserve creeks and
wetlands as open space, and maintain creek corridors and wetland buffers in essentially a
natural state to protect the community's water quality, wildlife diversity, and aesthetic
value.
Staff's Analysis: As previously discussed, the project proposes to manage and protect the site's
two springs, perennial creek, wetlands, woodlands and wildlife habitat through the dedication of
two biological open space easements with habitat enhancements. The Draft Biological Open
Space Easement is attached for reference that outlines use restrictions in the easement areas
(Attachment 3).
Land Use Element
General Plan LUE Policy 2.2.5 (Street Access) states: "New residential developments
should be designed to orient low-density housing to local access streets. Major arterials
through residential areas shall provide only limited private access or controlled street
intersections."
Staffs Analysis: Johnson Avenue and Fixlini Street provide access to the project site. The City's
General Plan Circulation Element classifies Fixlini Street as a Local Street and Johnson Avenue
as a Residential Arterial. Turning movements from Johnson Avenue will be restricted to right in
and out until such time as a dedicated center turn lane is installed in Johnson Avenue, and the
existing power poles and vegetation on the Johnson Avenue frontage are removed and/or
trimmed to provide adequate visibility for motorists. Therefore, the project is consistent with.
this General Plan policy.
General Plan LUE Policy 2.2.6 (Neighborhood Pattern)states: "All residential development
should be integrated with existing neighborhoods:'
Staffs Analysis: The project density and proposed lot sizes are similar to the developed single-
family neighborhood that borders the site to the northwest. Fixlini Street is proposed to be
extended through the project and terminate at Johnson Avenue, which integrates/connects the
project to the existing residential neighborhood via a local street. In addition, a 10 foot wide
pedestrian access easement is proposed to connect the neighborhood bordering the site to the
northwest to the County owned property to the southeast, providing for an alternative bicycle
and pedestrian access route to Johnson Avenue.
General Plan LUE Policy 2.2.8 (Natural Features)states: "Residential developments should
preserve and incorporate as amenities natural site features, such as land forms, views,
creeks, wetlands, wildlife habitats,and plants."
TRIER 95-03 (Miller)
Attach dent G
2070 Fixlini Street
Page 5
Staff's Analysis: The project proposes to dedicate approximately 1.84 acres (40% of the total site
area) within two biological open space easements along the property's southeast and northeast
boundaries. Although access to these areas will be restricted, with the exception of the .
pedestrian access easement, to ensure proper resource management and protection, views of the
site's natural resources will be maintained from the Johnson Avenue corridor, surrounding
properties and the project site.
General Plan LUE Policy 2.2.11 (Site Constraints) states: "Residential development shall
respect site constraints such as property size and shape, ground slope, access, creeks and
wetlands, wildlife habitats, native vegetation, and significant trees."
Staff's Analysis: The project has been designed to minimize impacts to the site's natural features
by complying with creek and wetland development standards, as well as, the City's Tree
Regulations, In addition, the project will respect the site's existing slope and minimize grading
activities by using an alternate (lesser width) street section and the proposed home sites are
situated away from the property's steeper sections and sensitive resource areas.
Housing Element
General Plan HE Goal 5.1 (Housing Variety and Tenure) states: "Provide variety in the
location, type,size,tenure,and style of dwellings."
Staffs Analysis: The project site is zoned R-1 and the subdivision will result in the creation of 13
individual single-family residential lots ranging in size from 6,003 to 58,238 square feet. It
has been anticipated by the applicant that these homes will have an average size of
approximately 2,200 square feet. Individual home designs have not been submitted as pan of
this application review. However, future development of the lots, either cumulatively or
individually, will require Architectural Review in accordance with Municipal Code Section 2.48.
General Plan HE Goal 6.1 (Housing Production) states: "Plan for new housing to meet the
full range of community housing needs."
The project will ultimately provide for the development of 13 single-family homes consistent with
the property's zoning district, which will incrementally add to the City's Low Density Residential
housing inventory. Affordable housing is discussed later in this report.
Conformance with Subdivision Regulations
The dimensions and areas of the proposed lots are consistent with the standards included in
Section 16.36.160 of the Subdivision Regulations. However, the applicant has requested
exceptions relating to comer lot street yard setbacks, parking, and street width. The Subdivision
Ordinance, Chapter 16.48, specifies that the Council must make the following findings in order
to approve exceptions:
1. That the property to be divided is of such size or shape, or is affected by such
r,�
Attachment
TR/ER 95-03 (Miller)
(o
2070 Fixlini Street
Page 6
topographic conditions, that it is impossible, impractical or undesirable, in the particular
case, to conform to the strict application of the regulations codified in this title; and
2. That the cost to the subdivider of strict or literal compliance with the regulations is not
the sole reason for granting the modification; and
3. That the modification will not be detrimental to the public health, safety and welfare, or
be injurious to other properties in the vicinity; and
4. That 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.
Staff is recommending approval of "some" of the requested exceptions, as outlined below, and
details the required findings in the Draft Planning Commission Resolution (Attachment 6). In
summary, these finding discuss the protection and enhancement of the site's sensitive resource
areas, subdivision design respecting existing site constraints, adequate emergency vehicle access
and alternate parking equivalent consistency with the Subdivision Regulation standards.
Requested Subdivision Exceptions
The applicant has requested the following exceptions to the City's Subdivision Regulations:
1. 10-foot.street yards for corner lots along the longer frontage.
The applicant is requesting 10-foot street yards along the longer street frontages of corner
lots 9 & 13 to provide more buildable area. 10,foot street yards along the longer frontages
were approved with many older City subdivisions. However, the orientation of the new lots
in comparison to that of surrounding areas needs to be evaluated to ensure that the new
development pattern is created compatible with existing development.
Staff does not support this exception because adequate buildable area can be provided for
corner lots, which are required to be a minimum of 60 feet in width, with standard street
yard setbacks. The average width of building footprints for corner lots 9 & 13 with standard
20 foot street yard setbacks would be approximately 40 feet. This is consistent with the
minimum 35 foot wide building footprints for corner and 40 foot width for interior lots. In
addition, a 10 foot street yard setback for lot 9 along Johnson Avenue is not consistent with
other developed properties in the vicinity and could result in development that is out of scale
and character with the neighborhood. Specific architectural attention needs to be given to
the design of this home and its "street presence" given its visually prominent location.
Reducing the building setback to 10 feet would expose the structure to additional noise and
significantly reduce area available for landscape plantings and architectural embellishments
to allow the structure to blend with the existing neighborhood to the northwest. A condition
has been included that restates this requirement.
2. Street development requirements (lesser width) and alternate curbside parking
equivalent. - _
TR/ER 95-03 (Miller) _
Affac9»ent
2070 Fixlini Street
Page 7
The applicant is requesting an exception to the City's street development standards for the
proposed extension of Fixlini Street to its termination at Johnson Avenue. Specifically, the
applicant is proposing one 10 foot travel lane each way and a 6-foot sidewalk along the
northwest side of the street. City standards require one 12 foot travel lane each way with
one 8-foot parking lane and 6-foot sidewalks on each side. Chapter 16.30.030 of the
Municipal Code allows alternate parking for subdivisions where the City determines that the
resulting street design is adequate for the type and extent of planned uses. The Public Works
and Fire Departments have reviewed the proposed lesser width street alternative and support
the exception request because the narrower street section will provide adequate emergency
vehicle access, and minimize grading, thereby reducing drainage impacts, erosion and
sedimentation, and minimizing impacts to visual resources.
The proposed street design does not provide curbside parking and an exception to this
standard is being requested. As an alternative, the Subdivision Regulations require an
alternate parking equivalent of one space per 25 feet of frontage, provided it is located .
within a public right-of-way or on lots adjacent to the street with convenient access to the
street. The applicant has submitted an exhibit indicating that the project can meet this
alternate parking standard by providing a total of 17 parking spaces (four on-street parking
spaces in bulb-outs and one additional parking space per lot) (Attachment 4). The Public
Works Department has reviewed this conceptual parking plan and has determined that the
project can provide the required alternate parking equivalent.
3. 10-foot street yard setback for lot 5
4. A reduction to the lot size standard for corner lot 6
Exceptions 3 & 4 are no longer necessary due to a code requirement from the Public Works
Department requiring the street "dogleg" adjacent to lot 4 and terminating at lot 5 be
replaced with a "knuckle" or alternative design that accommodates two-way traffic. With
this subdivision design modification, lot 6 will no longer be considered a corner lot and a 20
foot street yard setback for lot 5 can be provided.
"Dogleg" "Knuckle"
e ;.
TR/ER 95-03 (Miller) Attachnnent G
2070 Fixlini Street
Page 8
Environmental Review
The Initial Study of Environmental Impact does not identify any impacts that are considered
significant and unavoidable (Attachment 5). The proposed mitigated Negative Declaration
includes mitigation measures to reduce the identified impacts to less than significant levels.
Areas where mitigation measures are recommended include aesthetics, air quality, biological
resources, geology and soils, hazards and hazardous materials, hydrology and water quality,
noise, and transportation and traffic. The technical studies conducted for the project are available
for review by the Planning Commission and public in the Community Development Department
in City Hall, 990 Palm Street.
Inclusionary Housing Requirement
The recently adopted General Plan Housing Element requires new residential developments with
more than four dwellings comply with the City's Inclusionary Housing requirements. The
proposed project will create 13 single-family residential lots and will need to either build 3% low
or 5% moderate income Affordable Dwelling Units or pay an in-lieu fee equal to 5% of the total
value of all construction work for which a permit would be issued.. The applicant has submitted
an Inclusionary Housing proposal requesting to pay the in-lieu fee, which has been reviewed and
approved by the Community Development Director. Standards require that the project fulfill its
Inclusionary Housing obligation prior to final map approval of the subdivision. A code
requirement has been included that restates this requirement.
OTHER DEPARTMENT COMMENTS
This item was distributed to various City departments and comments received have been
included as conditions and code requirements where appropriate.
ALTERNATIVES
1. The Commission may recommend approval of the project with modified findings and/or
conditions.
2. The Commission may approve a resolution recommending that the City Council deny the
proposed subdivision, based on findings of inconsistency with the General Plan as
- specified by the Planning Commission.
3. The Commission may continue review of the project, if more information is needed.
Direction should be given to staff and the applicants.
ATTACHMENTS
3. Draft Biological Open Space Easement
TR/ER 95-03 (Miller) Attachment 6
2070 Fixlini Street
Page 9
4. Alternate curbside parking equivalent exhibit
CP 'U o
Attach ��ent
RECORDING REQUESTED BY AND
WHEN RECORDED RETO: wry
City of San Luis Obispo
Community Development Dep en t
990 Palm Street
San Luis Obispo, CA 93401-3249
APN:
BIOLOGICAL OPEN SPACE EASEMENT
NO RECORDING FEE— EXEMPT
This indenture, made and entered into this _ day of , 200_ by and
between , a Corporation, hereinafter called"owner", and
the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California,
hereinafter called"City".
WITNESSETH
WHEREAS, Owner possesses certain .property situated within the City of San
Luis Obispo, as described in Exhibit "A", attached hereto and made a part of this
easement by reference, commonly known as Fixilini Street (Assessors Parcel
Number:
WHEREAS, The subject property has certain natural scenic beauty and existing.
openness, more particularly described in Exhibit `B" attached hereto and made apart of
this easement by reference; and
WHEREAS, an irrevocable offer of dedication of a biological open space
easement was required as a condition of City approval of TRACT , allowing thirteen
(13)residential lots.
WHEREAS, both Owner and City desire to preserve and conserve for the public
benefit and the natural scenic beauty and existing openness, natural conditions and
present state of use of the subject property, and
WHEREAS, the Owner has offered to dedicate the subject easement to preserve
the site's scenic beauty and existing.openness by restricting Owner's use of and activities
on subject property through the imposition of a perpetual biological open space easernent.
with conditions hereinafter expressed; and
WHEREAS, the Owner is willing to grant the perpetual biological open space on
the subject property, as part of a development approval.
PG Attachment 3
Attach hent G
NOW THEREFORE, in consideration of the subject property and in compliance with
Chapter 6.6 of Part 1 of Di of Title 5 of the,Government Code of the State of
California commencing with ctio 1 7 d i r consideration of the mutual
promises, covenants and co itio h em tai ed . d of the substantial public
benefits to be derived there fro ' th Ms a llo s:
1. Owner hereby grants to City, a biological open space easement over the subject
property. Said grant of biological open space easement conveys to City, an estate
and interest in the subject property. The nature, character and extent of the
biological open space easement is as described below, and results from the
restrictions hereby imposed upon the use of the subject property by Owner. To
that end, and for the purpose of accomplishing the intent of the parties hereto,
Owner covenants on behalf of itself, its heirs, successors and assigns, to do and
refrain from doing severally and collectively upon the subject property, the
various acts herein after mentioned.
2. The restrictions hereby imposed upon the use of-the subject property by Owner
and the acts which owner shall refrain.from doing upon the subject property are,
and shall be, as follows:
a. No structures will be placed or erected upon said premises. If desired, see-
through fencing appropriate to biological open space preservation may be
allowed if approved by the City's Architectural Review Commission.
b. No signs, billboards, similar structures or devices, or advertising of any
kind or nature shall be located on or within the subject property except as
provided in"g"below.
c. Owners shall not plant or permit to be planted any vegetation upon the
subject property, except as may be associated with erosion control, fire
protection, soil stabilization, or as allowed and approved by the City's
Community Development Director. Any such vegetation shall be drought
tolerant and visually compatible with the hillside.
d. The general topography of the subject property shall be preserved in its
natural condition. No grading shall be allowed.
e. No extraction of surface or subsurface natural resources shall be allowed.
f. No removal of natural vegetation shall be allowed except for fire
protection or elimination of dead growth as approved bye the Community
Development Director.
g. Public access to the subject property shall be discouraged, and its
perimeter clearly marked with signs stating "Wildlife Reserve —Authority
�� Attachment 3
Attachment 'G
Personnel Only", with details of signs to the approval of the Community
DevelopmentDpee
it
er shall ke id signs in good condition.
3. This biological open Is_ efr effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of California.
5. This grant of biological open space easement, as specified in Section 51096 of the
Government Code of the State of California, upon execution and acceptance in
accordance with Chapter 6.6 of Part I of Title 5 of the Government Code of the
State of California commencing with Section 51070, shall be deemed to be an
enforceable restriction within the meaning of Article XIII , Section 8 of the
Constitution of the State of California.
6. Land uses permitted or reserved to the owner of this grant shall be subject to the
ordinances of City regulating the use of land.
7. The terms contained herein shall be binding on the parties hereto and their heirs,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this document
on this day and year first above written.
ALL SIGNATURES MUST BE NOTORIZED
INC., a Corporation
By:
City of San Luis Obispo
Note: The landowner shall grant open space easements consistent with this draft
easement for the open space areas of lots 5 and 8 as shown on the tract 2570 tentative
map concurrent with recordation of the finalmap for the subdivision. The easement for
lot 5 shall contain language allowing the use of an area of approximately 1000 SF plus
reasonable access as a landscaped patio / barbeque area subject to the review and
approval of the Community Development Director. The stormwater detention basin on lot
8 shall be excluded from the open space easement.for that lot.
PG Attachment 3
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�- Draft Resolution "A" Attachment 7
RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING A VESTING
TENATIVE TRACT MAP WITH EXCEPTIONS,AND
MITIGATED NEGATIVE DECLARATION FOR.PROPERTY
LOCATED AT 2070 FIXLINI STREET
(TR/ER 95-03; TRACT 2570)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on September 22, 2004, and recommended approval of Application TR/ER 95-03, a
request to subdivide a 4.55 acre site into 13 single-family residential lots; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 16, 2004, for the purpose of considering Application TR/ER 95-03; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council. has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The design of the vesting tentative tract map is consistent with the General Plan because
the proposed subdivision respects existing site constraints (slope, creeks, wetlands,
significant trees), will incrementally add to the City's Low Density Residential housing
inventory, result in parcels that meet density standards, and will be consistent with the
density and lot sizes established in the neighborhood.
2. The site is physically suited for the proposed type of development because it is a vacant
site adjacent to existing street right-of-ways with complete City services.
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
Attachment 7
Resolution No. (2004 Series)
Page 2
the Fixlini Street extension.
4. The design of the tentative parcel map is not likely to cause serious health problems,
substantial environmental damage or substantially and unavoidable injure fish or wildlife
or their habitat because the perennial creek, two springs, wetlands and woodlands along
the property's southeast and northeast boundaries will be protected and enhanced to
provide significantly improved habitat over the current condition.
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 the particular case, to
conform to the strict application of the regulations codified in the Subdivision Ordinance
because the site contains sensitive resource areas (creeks, wetlands, woodlands, trees)
that must be protected and a moderate slope where a narrower street section will
minimize grading, thereby reducing drainage impacts, erosion and sedimentation and
visual resources.
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
street width that can provide adequate emergency vehicle access and an alternate parking
equivalent consistent with the Subdivision Regulations to standard curbside parking.
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 allow the project to respect existing site
constraints and does not grant special privileges or modify allowable land uses within the
existing R-1 zoning district.
9. A Mitigated Negative Declaration was prepared by the Community Development
Department on September 13, 2004. The City Council finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project.
SECTION 2. Environmental Review.. The City Council finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the City
Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the
following mitigation measures and monitoring programs into the project:
LOLP
Attachment 7
Resolution No. (2004 Series)
Page 3
Mitigation Measures:
Aesthetics
1. All 13 lots are designated as "sensitive sites".. This status ensures that future site
development will respect existing site constraints (slope, creek, springs, trees), privacy of
occupants and neighbors of the project, and be compatible with the scale and character of
the surrounding neighborhood. The development of the lots, either cumulatively or
individually, will require Architectural Review in accordance with Municipal Code
Section 2.48.
➢ Monitoring Program: Compliance with this requirement will be monitored through the
review of detailed plans submitted for Architectural Review and Building Permit by the
Community Development Department staff.
Air Quality
2. Development of the site could result in increased levels of fugitive dust associated with
construction and grading activities, as well as construction emissions associated with
heavy-duty construction equipment. The following mitigation measures have been
provided by the APCD to control dust and minimize potential violations for the project:
(A)Reduce the amount of the disturbed area where possible.
(B)Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency whenever wind speeds exceed 15
mph. Reclaimed (non-potable) water shall be used whenever possible.
(C)All dirt stock-pile areas should be sprayed daily as needed.
(D)Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of
any soil disturbing activities.
(E)All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the
APCD.
(l) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the
site.
(G)In the event that the excavation of materials will take place in close proximity of
asphalt, street sweepers shall be used at the end of each day if soil material is carried
onto adjacent paved roads.
(H)All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC section 23114.
(I) Exposed.ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast-germinating native grass seed and
watered until vegetation is established.
Attachment 7
Resolution No. (2004 Series)
Page 4
(J) Plant shade trees along southern exposures of buildings to reduce summer cooling
needs as well as planting trees on both sides of the roads to reduce the reflective
radiating heat of asphalt roads.
(K)Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
(L)Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible.
All PM mitigation measures must be included on grading and building plans. In addition,
the contractor or builder shall designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust off
site. Their duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone of such persons shall be provided to the APCD prior
to land use clearance for map recordation and grading.
3. The project site is located in a Naturally Occurring Asbestos candidate area. Naturally
Occurring Asbestos has been identified by the state Air Resources Board as a toxic air
contaminant. Serpentine and ultramafic rocks are very common in the state and may
contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics
Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, the applicant must comply with all requirements outlined in the Asbestos
ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These
requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins, and 2) an Asbestos
Health and Safety Program will also be required for some projects, to the approval of the
APCD. The APCD monitors State air quality requirements and will be routed plans that
are submitted for building permits for the project to insure compliance with all standards
and requirements. APCD also responds in the field during construction on a complaint
basis.
➢ Monitoring Program: Construction phase air quality mitigation measures are monitored
by the Air Pollution Control District (APCD), through a complaint based enforcement
system. The requirements listed above are noted on the project plans and the City
Building Inspector and Public Works Inspector for the project are instructed to contact
APCD in the event of a probably violation. Members of the public can also call APCD if
they are concerned about dust or other emissions from a construction site. Building
permits for the project will not be issued until the APCD has "signed-off' on the
applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program.
Biological Resources
4. The disruption of the wetland and creek areas will be properly mitigated by complying
with the California Department of Fish and Game streambed alteration permits and the
U.S. Army Corps of Engineers wetland permits. The applicants (or their successors) for
Attachment 7
Resolution No. (2004 Series)
Page 5
the proposed project will prepare the necessary documentation/mitigation plans to obtain
the permitting from these agencies.
5. Prior to final map approval and recordation, a Biological Open Space Easement
Agreement shall be recorded to ensure that the riparian woodland, wetland and oak
woodland resources are properly protected and managed after site development and no
ornamental planting or other related disturbances occur following development, subject
to the approval of the Natural Resources Manager.
6. Once a more detailed grading plan is available, a plant ecologist/restoration specialist
shall prepare a landscape restoration plan for the open space easement. The plan shall
survey the site for sensitive plant species as identified in the Biological Resources
Assessment and Constraints Analysis prepared by Rincon Consultants Inc.; identify
suitable sites for replanting the species affected, establish replanting ratios, and contain a
monitoring plan to ensure the success of the replanting. Planting shall be completed as
part of subdivision improvements.
7. A control fence delineating the open space easement boundary shall be installed prior to
construction. A qualified biological monitor shall be present during all construction or
landscaping activities scheduled to take place within the barrier, to the approval of the
Natural Resources Manager.
8. Erosion control measures shall be used to ensure that no sedimentation of the creek
channel occurs as a result of construction activities.
9. The Architectural Review Commission shall review the design and location of all fencing
proposed adjacent to the open space easement to ensure consistency with the Creek
Setback Ordinance and the Community Design Guidelines.
10,. Tree #111, a 7" DBH Coast Live Oak, shall be preserved and protected through means
established by the International Society of Arboriculture to the satisfaction of the City
Arborist.
11. All approved tree removals shall comply with all requirements contained in the Migratory
Bird Treaty Act, which prohibits the removal of trees with active nests until such time as
the young have fledged and the nest is abandoned.
➢ Monitoring Program: Compliance with these requirements will be monitored by the
Community Development and Public Works Departments through review of the project's
Biological Easement Agreement, final map requirements, daily on-site inspections by the
Building and Public Works Inspectors, architectural review of the new home designs and
release of building occupancy.
_ Attachment 7
Resolution No. (2004 Series)
Page 6
Geology and Soils
12. Building plans and specifications for site development shall incorporate all
recommendations included in the Engineering Geology Investigation and Soil
Engineering Report prepared by GeoSolutions, Inc. for the project dated July 13, 2003,
subject to the approval of the Chief Building Official:
➢ Monitoring Program: Building permits are required for all proposed grading activities
and construction of common improvements on-site. These building permits will be
evaluated for compliance with the recommendations of the soils report.
Hazards and Hazardous Materials
13. Prior to issuance of a building permit for any site improvements, the half buried 55-
gallon drum shall be removed by a qualified professional and disposed of at a facility
able to adequately handle the container and its contents, and any contamination identified
by the qualified professional shall be removed from the site and cleaned-up to meet
Regional Water Quality Control Board standards.
➢ Monitoring Program: The Planning Division of the Community Development
Department will review plans submitted for any building permit application and require
that the applicant provide documentation that the half buried 55-gallon drum has been
property removed from the site, and any residual contamination cleaned-up to meet
Regional Water Quality Control Board standards.
Hydrology and Water Quality
14. Stormwater runoff from all improved areas of the development site, except rooftops, shall
be treated in accordance with the Best Management Practices (BMPs) published in the
California Stormwater Quality Association's Best Management Practice Handbook,
January 2003. For the purposes of water quality design, all water quality BMPs shall be
designed to treat runoff from a 25 mm/24-Hour storm event.
➢ Monitoring Program: Building permit applications submitted for subdivision
improvements and applications for Architectural Review of house designs will be
reviewed by the Public Works and Community Development Departments for
compliance with this requirement.
Noise
15. The following construction methods shall be incorporated in to the design of the
buildings on lots 8, 9 & 10 to achieve a Noise Level Reduction of 25 dB for
transportation related noise sources:
(A)Provide air conditioning or a mechanical ventilation system, so windows and doors
may remain closed.
Attachment 7
Resolution No. (2004 Series)
Page 7
(B)Mount windows and sliding glass doors in low air infiltration rate frames (0.5 cfm or
less, per ANSI specifications).
(C)Provide solid-core exterior doors with perimeter weather stripping and threshold
seals.
(D)Cover exterior walls with stucco or brick veneer, or wood siding with 1/s" minimum
thickness fiberboard("soundboard").
(E) Keep glass area in windows and doors below 20% of the floor area in a room.
(F) Provide baffles for roof or attic vents facing the noise source.
16. A sound barrier shall be installed for lots 9 & 10 as necessary to achieve the required
IOdB of outdoor noise reduction for lot 9 and 5 dB outdoor noise reduction for lot 10.
The design of the noise barriers shall be reviewed and approved through the Architectural
Review process as part of the design review of the homes, prior to installation, to ensure
design consistency with the Community Design Guidelines. Depending on the design
and location of the home and sound barrier for lot 9, a 5dB outdoor noise reduction may
be achieved for lot 10, and a separate sound barrier may not be required for this lot. A
continuous sound wall is the least desirable solution to address this impact. Partial walls,
building placement, or other solution shall be given preference consistent with General
Plan policy direction.
➢ Monitoring Program: Compliance with these requirements will be monitored through the
review of detailed plans submitted for Architectural Review and Building Permit by the
Community Development Department staff.
Transportation/Traffic
17. Turning movements at the Johnson/Fixlini intersection are limited to right turn in and out
until such time as a dedicated center turn lane is installed on the project's Johnson
Avenue frontage.
18. The existing power poles on the project's Johnson Avenue frontage shall be removed.
19. The vegetation along the project's Johnson Avenue frontage shall be trimmed and
maintained to provide adequate visibility for motorists, subject to the approval of the
Public Works Director and Natural Resources Manager.
20. Since an alternate, lesser width, street section is being utilized for the project and
curbside parking is not provided, a parking equivalent of one space per 25 feet of
frontage, for a total of seventeen spaces, shall be provided for the project to the approval
of the Public Works and Community Development Directors. Such alternate parking shall
be provided within a public right-of-way; or on lots adjacent to the street, with convenient
access to the street.
Attachment 7
Resolution No. (2004 Series)
Page 8
21. Prior to final map approval and recordation, a 10-foot wide pedestrian access easement
shall be recorded for the purpose of providing an alternative bicycle and pedestrian
transportation route through the project site, subject to the approval of the Public Works
Director and Natural Resources Manager.
22. Sidewalk improvements shall be installed on the easterly side of the Fixlini Street
extension for lots 1, 2, 3 & 4 to properly connect the project to existing sidewalk
improvements along Fixlini Street and the 10-foot wide pedestrian access easement,
subject to the approval of the Public Works Director.
➢ Monitoring Program: Building permit applications submitted for subdivision
improvements will be reviewed by the Public Works and Community Development
Departments for compliance with these requirements.
SECTION 3. Action. The City Council does hereby approve Application TR/ER 95-03
with incorporation of the following conditions and code requirements into the project:
Conditions:
1. Prior to final map approval, the building envelopes for lots 5, 9 & 13 shall be revised to
show compliance with the R-1 zoning district street yard setback standard of 20-feet
along Johnson Avenue and the Fixlini Street extension.
2. The final map shall include a note stating that development of the lots, either
cumulatively or individually, requires Architectural Review in accordance with
Municipal Code Section 2.48.
3. The final map shall indicate driveway locations for lots 8 & 9. Driveway access onto
Johnson Avenue shall not be permitted and driveways shall not be located within the fust
20-feet of the beginning of the curb return.
4. The irrigation systems for common areas, parks, detention basins, and other large
landscape areas shall be designed and constructed in accordance with the standards for
reclaimed water use. Appropriately sized reclaimed water mains shall be constructed
from the City's trunk system to these irrigation areas. If reclaimed water is not yet
available, the system shall be designed and constructed to reclaimed water standards, and
temporarily connected to the City's potable water system in the area of the anticipated
connection to the reclaimed water system. Appropriate backflow protection shall be
installed with this connection to the satisfaction of the County Cross Connection
Inspector, Henry Ruiz, who can be reached at 781-5567.
5. 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
� � r �
n Attachment 7
Resolution No. (2004 Series)
Page 9
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:
1. All streets shall be constructed as shown on the vesting tentative map in accordance with
the most current City regulations, City of San Luis Obispo Engineering Standards and
Standard Specifications except as follows:
a. The street "dogleg" adjacent to Lot 4 shall be eliminated and replaced with a
knuckle or an alternative design that accommodates two way traffic, without
traffic encroaching in the opposite travel lane, to the satisfaction of the Public
Works Director.
b. The inside and outside curves for the parking insets hall have a minimum radius
of 6.1 in.
2. Since curbside parking is not provided, alternate parking equivalent of one space for each
twenty-five feet of frontage shall be provided. Such alternate parking shall be provided
within a public right-of-way, or on lots adjacent to the street, with convenient access to
the street.
3. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut-
sheets necessary for the construction of street paving and frontage improvements.shall be
the responsibility of the subdivider.
4. The subdivider shall secure offsite dedication and improve, to City Standards, the
extension of Fixlini Street to the Northwesterly subdivision boundary. If this right-of-
way dedication has not been acquired by the time of final map approval, the City shall
lend its power of eminent domain, in accordance with Section 66462.5 of the California
Government Code.
5. The subdivider shall dedicate a 2m wide public utility easement and a 3m wide street tree
easement across all public street frontages. Said easement shall be adjacent to and
contiguous with the public right-of-way.
6. The subdivider shall dedicate a minimum 2m wide public pedestrian easement along the
Northeasterly side of the Fixlini Street extension along proposed lots one through four.
Said easement shall be adjacent to and contiguous with the public right-of-way.
Water,Sewer & Utilities
7. 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.
^96
\ J.
Attachment 7
Resolution No. (2004 Series)
Page 10
8. The subdivider shall place underground, all existing overhead utilities along the public
street frontage(s), to the satisfaction of the Public Works Director.
9. The subdivider shall provide each lot individual electrical, phone, television, natural gas,
water service, and sewer connections to the approval of the affected utility companies and
the Public Works Director.
10. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, lumenaires, etc.) per City standards and P, G and E's requirements.
Grading & Drainage
11. Improvement plans shall include a complete grading, erosion control and drainage plan
and appropriate calculations for the entire site. The grading plan shall include existing
and proposed contours to clearly depict the proposed grading and drainage for this
development.
12. The rate of runoff from the site post development shall not exceed that of predevelopment
for the 2, 10, 100 year 24hour storm. Analysis and design of stormwater facilities shall
be consistent with the City's Waterways Management Plan - Drainage Design Manual.
13. All proposed detention basin and drainage improvements, except those within a public
street, shall be privately owned, in an easement or separate lot and maintained by a
homeowners' association.
14. The CCRs for the project shall require that the homeowners association or acceptable
maintenance organization submit, to the City of San Luis Obispo Public Works
Department, a detailed report prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities and any necessary maintenance activities on
a semi-annual basis (April 30 and October 1 of each year). The CCRs for the project
shall also include detailed procedures for maintenance and operations of any storm water
facilities.
15. All bridging, culverting and modifications to the existing creek channels must be in
compliance with city standards and policies, the City's Flood Management Policy Book
(specifically regarding clear spanning of creeks; etc.) and be approved by the Public
Works Director, Army Corp of Engineers, and Fish & Game.
16. Any necessary clearing of existing creek and drainage channels, 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 California Deptartment of
Fish&Game.
17. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and
-
n4
Attachment 7
Resolution No. (2004 Series)
Page 11
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
18. 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 one or more acres. 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 Resources Control Board.
The WDID # from the State Water Resources Control Board shall be included on all
plans submitted to the City involving ground disturbing activities.
19. A copy of the Stormwater Pollution Prevention Plan required by the State Water Quality
Control Board shall be included with the Public Improvement Plan set.
Mapping and Misc.Requirements
20. 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 licensed land surveyor or
registered civil engineer authorized to practice land surveying. The final map shall be
prepared in accordance with the Subdivision Map Act and the Subdivision Regulations.
21. The final map shall include any required public or private easements as required for the
proposed development of the tract. Easements may include, but are not limited to,
grading, drainage, water, sewer, storm drainage, access, vehicle tum-around, and utilities.
Any CC&Rs; maintenance or common driveway agreements shall be completed and
recorded concurrent with final map approval.
22. The Final Map shall show the area of the Johnson Avenue widening that was granted to
the City, according to a Grant Deed recorded in Volume 1344 Page 669 of Official
Records in the office of the County Recorder, San Luis Obispo County, California.
23. The two exterior corners of the subdivision shall be tied to at least two points of the City's
horizontal control network(these tie lines shall be shown on the final map), 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
24. 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 Public Works
Director.
Attachment 7
Resolution No. (2004 Series)
Page 12
25. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the electronic drawing files
(.dwg) and any associated plot files.
26. Prior to acceptance by the City of public improvements, the subdivider's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with Autocad (Digital Interchange Format, DXF) for Geographic Information System
(GIS) purposes, to the satisfaction of the Public Works Director.
27. All public facilities shall be located within proposed easements or property deeded to the
City.
28. Upon development, a water allocation will be 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 the Wastewater Impact Fees are
charged on a per residential unit basis.
29. Some off-site public sewer must be constructed in order to serve this project. At the
City's discretion, the applicant may be required to construct the sewer main extension
across the entire frontage along Johnson Avenue. Additional comments will likely
follow the submittal of complete improvement plans for the tract and off site
improvements.
30. Due to the substandard street widths, the onsite sewer system shall be privately owned
and maintained. The improvement plans shall clearly indicate the onsite sewer as being
"Private". The Homeowners' Association Agreement shall include provisions for joint
ownership and maintenance responsibilities with respect to the sewer system.
31. 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.
32. One street tree is required per 35 lineal feet of street frontage or any part thereof. Trees
shall be planted to City specifications.
33. The final map shall include curb ramps complying with City standards at all street
intersections.
34. Water supplies shall be in accordance with Sections 901 and 903 of the California Fire
Code (CFC). An approved water supply capable of providing the required fire flow for
�(j. "rlu
�. Attachment 7
Resolution No. (2004 Series)
Page 13
fire protection is required. The fire flow shall be determined using Appendix III-A of the
CFC.
35. Fire hydrants shall be installed in accordance with Section 903.4 of the CFC. The
location, number and type of hydrants connected to the City system shall be determined
using Appendix III-B of the CFC and the approved City Engineering Standards.
36. Fire protection systems shall be installed in accordance with the CFC and the California
Building Code. An approved NFPA 13 (D,R) system will be required for this project.
37. Access roads shall be in accordance with Article 9 of the CFC. Access roads shall have
an unobstructed width of not less than 20-feet and an unobstructed vertical clearance of
13' 6". Access roads shall be designed and maintained to support the imposed loads of a
60,000 fire apparatus and shall be provided with a surface so as to provide all-weather
driving capabilities.
Attachment 7
Resolution No. (2004 Series)
Page 14
On motion of , seconded by , and on
the following roll call vote:
AYES:
NOES`
ABSENT:
The foregoing resolution was passed and adopted this day of , 2004.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jon well, City Attorney
Attachment 8
Draft Resolution`B"
RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO DENYING A VESTING
TENATIVE TRACT MAP WITH EXCEPTIONS FOR PROPERTY
LOCATED AT 2070 FIXLINI STREET
(TR/ER 95-03; TRACT 2570)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on September 22, 2004, and recommended approval of Application TR/ER 95-03, a
request to subdivide a 4.55 acre site into 13 single-family residential lots; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 16, 2004, for the purpose of considering Application TR/ER 95-03; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
[Council specifies findings]
SECTION 2. Denial. The vesting tentative tract map with exceptions proposed at 2070
Fixlini Street (TR/ER 95-03) is hereby denied.
Attachment 8
Resolution No. (2004 Series)
Page 2
On motion of , seconded by , and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this day of , 2004.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonathan Lowell, City Attorney
ON
San Luis Obispo County Bicycle Coalition
PO Box 14860 • San Luis Obispo, CA 93406-4860
Adam Fukushima, Executive Director
Phone: 805-541-3875
Email: adamf@slobikelane.org
San Luis Obispo City Council
990 Palm Street
San Luis Obispo,CA 93401
RECEIVED
November 15, 2004 �,'rjv 16 2004
SLO CITY CLERK
Dear Members of Council,
Allow me to introduce myself. My name is Adam Fukushima and it is my privilege to be the new
Executive Director of the San Luis Obispo County Bicycle Coalition, taking the torch from my
predecessor Joe Gilpin.
I would like to take this opportunity to address the issue of the zoned property located at 2070
Fixlini Street, near Johnson Avenue. It has been suggested that bike lanes be removed from this
section of Johnson Avenue to accommodate street parking. The Bicycle Coalition strongly
discourages the removal of these cycling conduits. Class II bike lanes on arterials form the
backbone of a viable commuter system. The removal of even a small section would create a
fissure in the bikeway system, rendering this section more dangerous and confusing to cyclists
and motorists alike -particularly on a hilly section such as the one in question.
Thank you for the opportunity to address this issue. I look forward to meeting all of you and
working with you on bicycle and pedestrian related issues in the City.
Best regards, HED FILE
�nE TING AGENDA
JAW
Adam Fukushima C. �l ITE!'' 14A
Executive Director
San Luis Obispo County Bicycle Coalition
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