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HomeMy WebLinkAbout07/03/2007, PH1 - EIR, Rezoning - MARGARITA AREA °°° council3 07 j acEnaa REpoRt CITY OF SAN LUIS OBI SPO FROM: John Mandeville, Community Development Director Prepared By: Mary Beatie, Senior Contract Planner, TPG Consulting, and Pam Ricci, Senior Planner SUBJECT: CONSIDERATION OF ENVIRONMENTAL REVIEW, REZONING, AND, VESTINGNNENTATIVE TRACT MAP TO CREATE A TOTAL OF 178 LOTS ON APPROXIMATELY 99 ACRES — KING VENTURES, MARGARITA AREA (CITY FILE NO. TR,PD,AND ER 98-06.) CAO RECOMMENDATION As recommended by the Planning Commission: -1. Introduce the Draft Ordinance, Attachment 7, approving the Zone change on the central 11- acre portion of the subject property from R-2-SP (Medium-Density Residential, Specific Plan) and C/OS-SP (Conservation/Open Space, Specific Plan) to R-2-SP-PD (Medium- Density Residential, Specific Plan, Planned Development) and C/OS-SP-PD (Conservation/Open Space, Specific Plan, Planned Development). 2. Adopt the Draft Resolution, Attachment 8, which adopts the Mitigated Negative Declaration, (ER 98-06) and approves the 178-lot revised Vesting Tentative Map No. 2428, based on findings, and subject to mitigation measures, conditions, and code requirements. DISCUSSION Background For decades, the Margarita Area has been designated on the City's Land Use Element Map as one of the key areas for residential expansion. On October 12, 2004, a significant step toward realizing that additional residential capacity, as well as setting aside areas for various commercial uses, occurred with the adoption of the Margarita Area Specific Plan (MASP) and accompanying Program Environmental Impact Report. The annexation of the western portion of the Specific Plan area, referred to in this agenda report as the "Western Enclave", was approved by LAFCO on July 17, 1997, after the City Council's approval of the annexation and pre-zoning. The first three subdivision maps proposed within the MASP comprising the Western Enclave were: 1. VTM No. 2342 (Cowan/French, City file No. TR/ER 63-05); 2. VTM No. 2353 (Sierra Gardens/DeBlauw, City file No. TR/ER 66-05); and 3. VTM No. 2428 (King, City file No. TR/ER 65-05). I Council Agenda Report—RevisL esting Tentative Map No.2428 Page 2 These three developments have been planned in a coordinated fashion by the three applicants in order to better achieve the many objectives and requirements of the MASP, but most importantly with respect to the Western Enclave: 1.) Neighborhood Compatibility 2.) Traffic Issues 3.) Drainage and Project-generated Run-off 4.) Mitigation Measures (aesthetics/light & glare, biological resources, and construction related hazards) On January 25, 2006, the Planning Commission considered the three vesting tentative tract maps for the Western Enclave of the MASP. On March 7, 2006, the Council considered the unanimous recommendation from the Planning Commission to approve the three vesting tentative maps and mitigated negative declarations, based on findings, and subject to mitigation measures, conditions, and code requirements. This recommendation included consideration of a conceptual request by King Ventures for certain modifications to the map that would allow for higher densities and additional lots. At the March 7, 2006 hearing the City Council approved only the Vesting Tentative Maps for Cowan/French and Sierra Gardens/DeBlauw subject to mitigation measures, conditions of approval, and code requirements in compliance with the MASP and Program EIR. With regard to the King Map, Council expressed its general support for the requested modifications to the original King map to accommodate additional density, but declined to take action on the requested modifications, directing instead, that the design of a revised lot layout be finalized and re-submitted so that it could be reviewed through the normal planning, zoning and CEQA processes. Despite not taking a final action on the map, either as originally designed or with the proposed modifications, the Council did adopt a resolution accepting the project sponsor's offer of donation of a conservation easement and ultimately, fee title, to the 71-acre open space lot (Lot 178) along the north edge of the subdivision in the South Hills area, subject to the details of the easement language being worked out On May 15, 2007, by Resolution No. 9897, the City Council formally accepted a Deed of Conservation Easement to the 71-acre open space lot. The subject revised VTM No. 2428 constitutes the formal resubmittal of the earlier conceptual request. The revised proposal has been reviewed through the normal planning, zoning and CEQA processes for consideration of revisions to accommodate additional density, as directed by City Council at its hearing of March 7, 2006. In reviewing the revised King VTM No. 2428 along with the other two maps within the Western Enclave, staff's directive has been to evaluate how they achieve the objectives of the MASP and whether they are consistent with the Plan's development standards. Attached to this agenda report is the copy of the Planning Commission agenda report for the revised King VTM (Attachment 6). More detailed information on the two approved maps and the revised King map, including the initial studies of environmental impact and discussion of issues unique to the specific maps, are on file in the Community Development Department. /-z Council,Agenda Report—Revisi, .'esting Tentative Map No.2428 Page 3 Staff has evaluated the revised King map against the MASP and applicable standards and finds it is in substantial compliance. Where literal or precise compliance may still be in question in minor instances, conditions of approval are included to require the needed degree of compliance. General.Site Location and Descriation The approximately 99-acre VTM No. 2428 site lies within the Margarita Area Specific Plan (MASP) generally located in the southern part of San Luis Obispo, south of the South Hills, north of Prado Road, and lying between South Higuera and Broad Streets (Attachment 1). The subject VTM No. 2428 is situated in the northwest corner of the MASP lying along the lower slopes of the South Hills and adjacent to two other approved tentative subdivisions comprising the Western Enclave of the MASP (Attachment 2). The subject site is also adjacent to other existing development, including El Camino Estates, a residential subdivision along Margarita Avenue off South Higuera Street, and the Chumash Village Mobile Home Park off South Higuera Street. Lands to the east of the proposed project and the Western Enclave properties, also within the MASP are undeveloped. The subject site is currently vacant. The project site slopes upward to the north. The bulk of the more steeply portions of the site are included in the 71-acre open space lot (Lot 178) for which a conservation easement has been accepted. The site is traversed by three natural drainage courses (Attachment 3). Planning Commission's Action At a regularly held public hearing on May 23, 2007, the Planning Commission reviewed the requested revised King VTM No, 2428 as well as the requested zone change to add the PD (Planned Development) overlay to the central approximately 11 acres of the site in order to accommodate an increase in density for the project. The Commission took oral and written public testimony from residents living in neighborhoods adjacent to the site, and more particularly in the Chumash Mobile Home Park to the west of the site. While no one expressed strong opposition to the project, concerns were expressed and questions asked about restricting perimeter lot development to single-story homes, air quality effects of dust and particulates from construction, adequacy of advance noticing of construction activity, locations of fencing and open space preservation, and how proposed grading could impact perimeter lots. The Planning Commission commentary and discussion centered on adequacy of off-street parking and proximity to users within the PD portion of the site, affects of revised grading on adjacent neighborhoods, support for the additional density, unintended public use of guest parking within the PD in order to access open space, and consistency of bike path connections with recently adopted 2007 Bicycle Transportation Plan. In addition to testimony from neighbors, the applicant's representative, Dave Watson, also spoke, expressing his concurrence with staff's recommendations, including the recommended conditions of approval and mitigation measures. Mr. Watson also clarified that 55 guest parking spaces are proposed for the 85 detached single family units within the central PD portion of the site. He also explained that the grading is more responsive to the neighborhood concerns for privacy by lowering the elevation of the road beds and reducing the elevation of the adjacent home pads and resulting "towering over"effects. J-3 Council Agenda Report—Revist esting Tentative Map No. 2428 Page 4 In response to public, Planning Commission, applicant and staff testimony, and as directed by the Planning Commission in their action on May 23, 2007, several minor editorial or typographical errors have been corrected in the Planning Commission Resolution (see Attachment No. 4). More substantive changes were made to Conditions of Approval as follows: a. Conditions of approval #26 and 69 have been modified to require consistency with the recently adopted 2007 Bicycle Transportation Plan. b. Condition of Approval #65(g) has been re-worded to clarify how the private lot owner will be responsible for maintaining the drainage swales along the west and south property lines. C. Condition of Approval #86 has been re-worded to clarify how it will be determined whether a lot shall be restricted to construction of a single-story residence when adjacent to existing developed and approved neighborhoods along the west and south subdivision boundary, and requiring all rear yard setbacks adjacent to said neighborhoods be no less than 20 feet. d. Condition of Approval #88 has been revised to clarify that all owners and occupants of residential or commercial properties with 100 feet and all residents and owners within the Chumash Village Mobile Home Park shall be notified prior to commencement of grading activities. The condition was also changed to provide advanced notice from "at least one week"to"at least two weeks". e. Conditions of Approval #90, 91, & 92 have been added to require adequate provisions for guest parking and that fireplaces be gas-supplied rather than wood-burning. 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. Furthermore, the Zone Change and revised Tract Map do not adversely affect the public facilities financing strategies and mechanisms of the Margarita Area Specific Plan. ALTERNATIVES 1. The Council may approve the project with modified findings and/or conditions. 2. The Council may deny the project based on findings of inconsistency with the General Plan or Margarita Area Specific 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. Council Agenda Report—Revise_.Jesting Tentative Map No.2428 Page 5 ATTACHMENTS: Attachment 1 —Vicinity Map Attachment 2—Composite Map of Western Enclave Subdivisions Attachment 3 —Revised Vesting Tentative Tract Map Attachment 4—Planning Commission Resolution (No. 5481-07) Attachment 5 —May 23, 2007, Planning Commission Minutes Attachment 6—May 23, 2007 Planning Commission Report (w/out Draft Resolution) Attachment 7 —Draft Ordinance adopting the Zone Change for a portion of the site Attachment 8—Draft Resolution approving the Vesting Tentative Map Documents provided to Council: Half-size reductions of the 24 x 36 inch Vesting Tentative Map sheets Grading Comparisons Exhibit G:/CD-PLAN/Ddavidson/CounciUCCResoKing V entures7-3-07 �iYk�,,'s"y�'�""`d'�'S`�: �, x �','�u'tY-.�rf,rR.. .�'� •a - .T7 '�'""-�r dpi -`�rs�,�r.�, '• �$°'a!'�� �y� y � � a r i a Y. .a�� 4'�,y .Lt"o_ ,a�r!k r� lr W4`�T •lr ��' �1 Yq t+u 4'�,•�_r`{PTrz "2.t�stF'�}'<�i�,`�,Z.�'1'Cw�4'!V`JR�� ,�}t. 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Cd log in rt }yII \= 6 / L, ' 1 Attachment 4 RESOLUTION NO. 5481-07 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM R-2-SP TO R-2-SP-PD AND APPROVAL OF A VESTING TENATIVE TRACT MAP AND MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 3000 CALLE MALVA PD/TR/ER 98-06; TRACT 2428-Revised WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 23, 2007, for the purpose of considering TR/ER 98-06, a request for a vesting tentative tract map to subdivide an approximately 99-acre site into 178 lots; a request for "Planned Development (PD) Overlay Zoning District on approximately 11 acres of the 99-acre site currently zoned R-2-SP (Medium Density Residential), and a request for Creek Setback Encroachments within 5 lots designated for Open Space-Riparian, 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 City Council on May 15, 2007, by Resolution #9897, accepted a conservation easement, and ultimately fee title, to the 71-acre open space lot (Lot 178) donated to the City of San Luis Obispo by the project applicants, John E. and Carole E. King, as an integral part of their project; and WHEREAS, the Planning Commission reviewed and considered a Mitigated Negative Declaration of environmental impact prepared for the project; and WHEREAS, the Planning Commission has reviewed and 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 Council makes the following findings in support of approving the proposed project: Subdivision May findings 1. As conditioned, the design of the vesting tentative tract map is consistent with the General Plan because the proposed project respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's needed.residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot q 4 ' Resolution No. 5481-07 Attachment 4 Page 2 sizes established by the Margarita Area Specific Plan. 2. The site is physically suited for the proposed type of development allowed in the R-1-SP, R-2-SP, R-3-SP, and the requested R-2-SP-PD residential areas as well as the C-OS-SP, C- OS-40-SP, and requested C-OS-SP-PD open space zones because the site contains slopes that are less than 30% in the areas to be developed, has suitable and appropriate access via existing and planned streets consistent with the MASP, and preserves and provides for long-term maintenance of areas of important or sensitive habitats via lots designated for open space. 3. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within, the proposed subdivision because all such easements have been accommodated by the proposed design of the subdivision and location of improvements. 4. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements are residential and development is a similar scale to existing development already adjoining the site to the south and west and approved development adjacent to the south of the site. Additionally, new construction will be designed to meet existing building and safety codes. 5. The design of the subdivision, or type of improvements, will not have a significant adverse impact on the environment or substantially or unavoidably injure fish or wildlife or their habitats subject to the mitigation measures of the Final Environmental Impact Report (EIR) certified by the City Council on October 12, 2004 together with the mitigation monitoring program adopted with said EIR approval, because all said applicable mitigation measures and monitoring program are incorporated into the project as recommended below. 6. The Mitigated Negative Declaration prepared by the Community Development Department on May 1, 2007 adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce impacts to less than significant levels. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, as modified, determining there is no substantial evidence of new or further significant impacts not already identified either in the prior certified Environmental Impact Report prepared for the Margarita Specific Plan or in the subsequent Initial Study prepared for this site specific project. 7. The offer of donation of a conservation easement and ultimately, fee title, to the 71-acre open space lot proposed in the subdivision map is consistent also with the General Plan of the City of San Luis Obispo. Planned Development Findings 8. The project is consistent with the General Plan and the applicable Margarita Area Specific Resolution No. 5481-07 Attachment 4 Page 3 Plan, and the proposed land use is allowed within the applicable primary zoning districts, both existing and proposed. The project provides exclusively residential and open space land uses on the subject site as required by the General Plan, MASP, and applicable zoning districts, accommodating the prescribed residential density ranges for Low, Medium and Medium High Density land use designations, along with a pro-rata share of Affordable Housing required for the Western Enclave area of the MASP, and preservation of open space areas as prescribed by the MASP. 9. The project complies with all applicable provisions of these Zoning Regulations including those modifications as authorized herein by utilization of the PD Overlay rezoning. 10. The approved modifications to the development standards of Zoning Regulations through the PD Overlay are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts, because doing so enables concentrating more units within the central portion of the site to achieve higher densities prescribed by the MASP while maintaining larger lots and maximum setbacks in perimeter lots for privacy protection to adjacent developed areas and allowing the open space lots to be centered on the alignment of the three drainage ways in their natural state without relocation. 11. As conditioned the project complies with all the applicable City Design Guidelines. Further, the PD rezoning areas includes detached and attached single family construction that follows the MASP Design Guidelines, including use of shared driveways, Craftsman architecture utilizing wood and stucco exteriors, one and two-story buildings, front and back porches, side and rear-loaded garages facing away from public streets, and common landscaping designs. 12. As conditioned all affected public facilities, services, and utilities are adequate to serve the proposed project, particularly as relates to other already approved subdivisions within the Western Enclave of the MASP, for which the utility, services and infrastructure needs were designed comprehensively and in coordinated manner. 13. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan and Margarita Area Specific Plan because the subdivision design is respectful of adjoining, established neighborhoods by placing fewer and larger lots next to these developments and accommodating the minimum required rear yards prescribed in the MASP. Grade elevations have also been modified by the revised subdivision design so that new buildings do not "tower" over established neighborhoods. 14. The site is suitable for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use since, due to the sloping constraints of the site the project has been designed predominantly as as Resolution No. 5481-07 Attachment 4 Page 4 single- family, detached-style development. Access streets to the subdivision and connections to adjacent existing and approved development are entirely consistent with the MASP Circulation Element requirements and prior EIR conclusions with respect to location and capacity, including provisions for construction of the Prado Road extension to Broad Street. 15. The establishment, maintenance, or operation of the proposed project, as conditioned, will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City because, once completed, the project will be a logical and appropriate expansion of the desired design and character of the residential neighborhoods of the community as prescribed by the General Plan and MASP. 16. The project incorporates a minimum of two of four mandatory features to qualify for PD Overlay Zoning, and these are that: a. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-half acre. The project proposes the creation of 6 lots that will encompass a total of 73 acres (about 73% of the total site) for open space use pursuant to the requirements of the MASP. A donation of one such lot, Lot 178, comprising 71 acres along the south face of the South Hills, has already been offered to and accepted by the City as a conservation easement and ultimately, fee title. Through this donation this lot will be preserved as a permanent open space, the use of which will be enhanced through maintenance of wildland fire green-breaks, controlled public access and connection to other linear open space lots, centered on the site's three existing drainage ways, via of a system of trails/paths connecting to and through adjacent existing and approved subdivisions consistent with requirements of the MASP. b. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the City. The project includes development of trails, public streets, public parking, habitat enhancement and open space/wildland fuel management as a part of the construction and on-going operation of the residential/planned development project. Public benefits will accrue from the project's preservation of natural creek channels largely in their natural form and location, and a carefully integrated parallel storm water runoff collection system (serving the entire Western Enclave development), and introduction of paths and trails to allow public access to these areas, while also accommodating the public benefit of access to and management of these waterways by the proposed Homeowners' Association for the tract and Western Enclave. Creek Setback Exception Findings 17. The location and design of the exceptions proposed respecting pedestrian trails within and ��z • Resolution No. 5481-07 Attachment 4 Page 5 crossings over the creek corridors will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement, because the location and design of the trails and creek crossings will be constructed outside of the established floodway and will not impede flood waters or planned storm water management improvements and maintenance required for the tract. Further these features provide for desired passive use and enjoyment of the creek corridors as a tract amenity, and established access ways provide for management and monitoring of the natural and enhanced habitat in the area of the corridors, and facilitate movement of localized habitat of the site and general area. 18. The exceptions proposed herein will not limit the city's design options for providing flood control measures that are needed to achieve adopted city flood policies, as no adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings and further the retention of the creeks in their natural location, together with the parallel storm water runoff collection system, will ameliorate historical flooding occurrences at the existing Prado Road culvert. 19. The exceptions proposed herein will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans. No adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings. Special construction techniques will be used to minimize the potential for urban runoff to alter the flow regime in the creeks, thus protecting them from "flash" flows and urban pollutants. 20. The exceptions proposed herein will not be a grant of special privilege because the proposed trail networks are consistent with requirements of the adopted MASP to accommodate special site features not occurring on other lands of similar zoning in the vicinity and will be augmented with devotion of additional private lands to increase the functional width of the overall natural corridors to benefit multiple purposes of preserving natural habitat, enhancing the aesthetic and passive recreation quality of the subdivision and facilitating maintenance of natural drainage flows and pattern. Further the channels (3 in all) separate development areas of the site from one another, the interconnections and creek crossings provide access between all units of the PD neighborhood, as well as options to connect into the perimeter pedestrian and bike systems planned for this subdivision and the overall Western Enclave and Margarita Area Specific Plan. Because the channels run at odd angles and traverse the site diagonally, this produces remnant areas that are inefficient and would reduce overall densities if the efficiency of the encroachments were not permitted. Rather than relocate the channels as permitted by the MASP, the creek corridors will be maintained in their present configuration, preserving, therefore in a largely undisturbed manner, the established habitat values and. runoff patterns while seeking modest exceptions to regain efficiencies in land planning and overall project design. 21. The exceptions proposed herein will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream, because the collection and flow of flood waters will not be impeded, nor will the trails and crossings impede the planned improvements to the tract storm drainage system. Resolution No. 5481-07 Attachment 4 Page 6 22. Site development cannot be accomplished with a materially different redesign of the project because redesign of the project to accommodate trails outside the corridors, while possible, would be at the expense of achieving densities desired by the MASP and ultimately would compromise the "affordability by design" objectives of that Plan. 23. Redesign of the project would deny the property owner reasonable use of the property in that the minimum density threshold of the MASP for the subject site calls for no less than 149 units (not including affordable housing requirements.) A potential redesign could affect at least 37 lots/units, and potentially more as the changes domino through the tract. This would potentially impact a finding of consistency with density required for the project by the MASP, compromising the ability to develop the property as planned. SECTION 2. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: Mitigation Measures and Mitigation Monitoring and Reporting Program: Reduction of Light and Glare 1. In order for MASP/AASP EIR Mitigation Measure LU-7.1 as implemented by the MASP to be carried through to lot-specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent property lines. Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Preparation and Implementation of"Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off-site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP/AASP EIR, VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open Space=Riparian" for the //y Resolution No. 5481-07 Attachment 4 Page 7 express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. 3. Mitigation for Impacts to Creek Habitats. Mitigation for impacts to creek habitats will be through a combination of on- and off-site mitigation, approved by the City, the DFG and the Army Corps of Engineers. 4. Mitieation for Impacts to Serpentine BunchQrass Habitat. A mitigation program involving restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle"in the King property's open space parcel, shall be required. This area occupies between one- half and three-quarters of an acre. The program would at a minimum, replace the existing non-native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills open space parcel through mechanisms such as fencing, trail realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to the open space lot 178 to the City of San Luis Obispo as permanent open space as part of the project. 5. Mitigation for Impacts to Sensitive. Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern shall be required as follows: Palmer Spineflower. None required. Brewer Spineflower. None required. Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo Dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space; consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off-site location approved by the City, or consider lot adjustments to protect the major portion near lots 82, and adjacent multifamily lot. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of adobe sanicle occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat suitable for the adobe sanicle. Further, the adobe sanicle already occurs there naturally. Congdon Tarplant. Create compensating habitat in a suitable off-site location approved by the City. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, �is Resolution No. 5481-07 — Attachment 4 Page 8 the use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat suitable for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. Loggerhead Shrike. Remove myoporum tree before nesting season. 6. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or 300 feet from raptor nests, until after young have fledged. 7. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space- Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre-development run-off has resulted in seasonal flooding of Prado Road due to they currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off-site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post- Western Enclave development generated run-off. It is proposed that this basin be enhanced to accommodate the greater project-generated and pre-project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MI-IOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. ➢ Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on-site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP/AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre-construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off-site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation and Implementation of a "Construction-Related Hazardous Materials Management Plan' Resolution No. 5481-07 � Attachment 4 Page 9 8. As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they are known, site/development-specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction-related activities, the project proponent will cause Mitigation Measure HAZ-1.2 to be activated. Mitigation Measure HAZ-1.2 states: "The project proponent will complete a Phase 1 environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil andlor groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil and/or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase 11 site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase H assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. . Monitoring Program: The "Construction-Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Section 3. Recommendation. The Planning Commission does hereby recommend to the City Council approval of application TR/ER 98-06 with incorporation of the following conditions and code requirements into the project: 1-17 Resolution No. 5481-07 Page 10 Attachment 4 Conditions: Streets: 1. Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a detailed schedule and delivery 'Plan", to be approved by the Public Works Director, for the improvement of Prado Road between its eastern terminus at the current City boundary and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced in two segments. The first segment shall be the new roadway from the present easterly terminus (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the 'Prado Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be from the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street. This second segment shall be referred to as the 'Prado Road Extension - "M" Street to Broad" segment(PRE-MB). At a minimum, the Plan shall address the following milestones for Right-of-Way acquisition, design and construction: a. At the time of submittal of any plans for final map and/or improvement plan checking: The subdivider shall submit construction drawings and specifications for the full width improvement of the 'Prado Road Extension - Western Enclave" segment (PRE-WE), and shall submit schematic plans for the full width improvement of the 'Prado Road Extension - "M" Street to Broad" segment (PRE-MB). The final map and improvement plans will follow approximately 6 months after the date of the approval of the Tentative Map. During this time the City as well as area property owners will be involved in the review of updated drafts and the selection of the proper engineering company as well as overseeing the design. Following Tentative Map approval, the Western Enclave Property Owners (WEPO) and the City will establish a Stakeholder Group comprised of MASP property owners and public utility companies, etc. to augment/expedite the conceptual design of the PRE-MB component of the Roadway. b. The PRE-WE plans shall include 4 travel lanes, bike paths and lanes, sidewalks, utilities, storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works. c. Off-site dedication of property for public right-of-way purposes is necessary to facilitate the construction of Prado Road. The subdivider shall exhaust all avenues available to acquire said public right-of-way dedication. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off-site right-of-way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off-site right-of-way acquisition (including attorney and court costs). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Works Director. I Ir Resolution No. 5481-07 Page 11 Attachment 4 d. Subject to the availability of necessary right-of-way, the subdivider shall complete construction of the PRE-WE segment prior to occupancy of the 50th unit within the subdivision. If right-of-way is not available at the time of approval of the final map, the subdivider may submit a plan for providing interim, secondary access to the WEPO properties that is subject to approval by the Public Works Director. This secondary access shall be completed prior to granting of occupancy permits and may be required to be removed at a later time when additional access is provided from adjacent properties. e. At the time of recording the final map, the subdivider shall bond for the completion of the engineering plans and specifications, environmental review, if necessary, and associated construction permits for the PRE-MB segment. The subdivider shall complete the construction drawings and specifications for the PRE-MB segment on or before the 100th unit is occupied in the Western Enclave (approx. 1 year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE-MB section of roadway has not yet been completed, the City may require that the developer (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund any final project costs for the construction of PRE-MB that are not contained in the Margarita Area Specific Plan Impact Fee estimates. f. Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum: (1) initiate the construction of the northern half, or some modified section of the roadway subject to approval by the Director of Public Works, of the PRE-MB segment prior to occupancy of the 200th residential unit in the Western Enclave (approx. 3 years after Tentative Map Approval) , and (2) complete construction of the northern half of the PRE-MB segment prior to occupancy of the 300th residential unit in the Western Enclave (approx. 5 years after Tentative Map Approval). If right-of-way is not available at the time of requests for occupancy, the City will determine if public acquisition of said right-of-way is necessary or the subdivider will be required to submit an interim plan for providing secondary access the Western Enclave that shall be approved by the Public Works Director. g. As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall submit a reimbursement proposal and schedule for the costs associated with the environmental, engineering and construction of Prado Road in its entirety, as established by the MASP. Subject to final approval of the City, the proposal may include fee credits and/or other appropriate mechanisms that may be applied against non-TIF city-wide and MASP impact fees as development occurs, to facilitate completion of the Prado Road extension. h. A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interim basis at the time of construction of PRE-WE and will remain in place until PRE-MB is completed and anadditional access point is provided at an adopted MASP location. /-l9 • Resolution No. 5481-07 Attachment 4 Page 12 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit, subject to condition I.g. above. 3. The public improvement plans for VTTM 2353, VTTM 2428 (Revised) and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan Western Enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. 4. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications, except as to any design deviations permitted herein. 5. Prior to final map approval, the final design, location, and number of traffic calming measures including bulb-outs, choke-downs, tabletops, roundabouts, neck-downs, etc. shall be reviewed and approved by the Public Works Director. Choke-downs adjacent to open space corridors shall be lengthened to include the entire length of the open space corridor. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axe] truck's ability to negotiate the traffic calming features. Additional or alternative traffic control measures such as raised tabletops may be required to comply with the MASP objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." 6. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or volumes exceed City standards during counts taken by the subdivider one year after final occupancy of complete build-out of the subdivision or acceptance of public improvements whichever occurs later, the subdivider shall be responsible for installing additional traffic calming measures to the approval of the Public Works Director to reduce volume and speeds to comply with City standards. 7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb-outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 8. Prior to approval of improvement plans, alternative paving materials proposed within the public right-of-way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 9. Except for the 71-acre lot donated to the City, project common areas including, but not limited to, landscaped areas landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by the Master �-zo Resolution No. 5481-07 Page 13 Attachment 4 Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact and water meter installation fees and shall be paid for by the subdivider. 10. The final locations of multi-use path connections to public streets shall be reviewed and approved by the Natural Resources Manager and City Traffic Engineer. Where multi-use paths intersect public streets, the roadway shall be narrowed and the crossing designed perpendicular to the roadway. 11. The final design and location of private streets and fire access ways, and the approaches thereto onto public streets, shall be reviewed and approved by the Public Works Director and Fire Department. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axel truck's ability to negotiate into and within the private streets and access ways within the proposed "PD" and Lot 178 portions of the site. 12. The proposed street bulb-outs shall be designed with minimum inside and outside radii of 20' and 10' respectively. 13. Analysis of the street drainage design shall be provided with the submittal of complete public improvement plans. Streets designed with a quarter crown shall justify the curb capacities in accordance with city standards. Some areas may require that the bulb-outs be reduced in depth or removed completely to accommodate the drainage along the high side of the street. 14. Bulb-outs at T-intersections may need to be replaced with standard curb returns of a smaller radius to achieve the desired traffic calming goals and to accommodate street drainage. 15. The number and location of catch basin shall consider city standard spacing and drainage design requirements. The number of catch basins shall be limited to those required by code and/or design to the satisfaction of the City Engineer. 16. The transition between Street N and Street W shall be approved to the satisfaction of the City Engineer. Moving of the quarter crown section from one side of the street to the opposite side shall not be completed with a super-elevated section unless all drainage issues are addressed. 17. Street intersections shall be provided with directional curb ramps in accordance with city and ADA standards or guidelines. T-intersections shall include receiving ramps on the through street. On & Off-Site Improvements: 18. With respect to all off-site improvements, prior to filing of the Final Map, the Subdivider(s) shall either: ( 1 ( ) Attachment 4 Resolution No. 5481-07 Page 14 a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or b. Request in writing that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition, including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California. ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so. iv. Copies of all written correspondence with off-site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. V. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 19. Should the final design for the stormwater detention basin require the installation of a stormwater pumping station in order to provide an outlet for the detention basin, the final pump station design shall be in accordance with Section 8 of the WWMP-DDM and the following" a. The pump station shall be a triplex design. b. The pump station shall be designed to discharge at the 100 year pre-developed rate with all three pumps running, the 10 year pre-developed rate with two pumps running and the 2 year pre-developed rate with only one pump in operation. At no time shall the pump discharge rate exceed that of the pre-development flow rates for each of the /-Z2 Attachment 4 Resolution No. 5481-07 Page 15 design storms. Or the pump station shall consist for a variable speed drive that matches the required discharge regime. c. The pump discharge shall be designed such that no erosion damage will occur. d. The pump shall discharge into a natural waterway or into an easement to which the subdividers, their heirs and/or assigns have rights to. 20. The final subdivision design shall incorporate stormwater quality BMPs with the January 2005 edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be subject to the approval of the City Engineer. 21. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to the existing soil contamination. 22. The final design of the proposed off-site stormwater detention facilities shall also take into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F with FEMA prior to approval of any plans for ground disturbing activities; then process the final documents once Grading is complete. The design of any stormwater facilities shall be in compliance with the WWMP-DDM requirement for construction within a Special Floodplain Management Zone; i.e. no significant net loss of floodplain storage. 23. The subdivider shall secure the rights for the regional stormwater detention basin prior to or concurrently with the final subdivision maps. Should the subdividers be unsuccessful in acquiring off-site property for the construction of the stormwater facilities, the subdivider shall either: a) revise the maps to reflect appropriately sized on-site detention of stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist in securing the property following procedures as outlined above. All costs associated. with securing said rights including the eminent domain process shall be borne by the subdividers. 24. Prior to the approval of the public improvement plans the subdivider(s) shall have received an approved grading permit from the County of San Luis Obispo a written waiver for the construction of any facilities outside the City's corporate limits. Should San Luis Obispo County defer to the City for the processing of the grading.permits for property outside the City corporate boundary, the subdivider(s) shall process the grading permit with the City Public Works Department concurrently with the improvements plans and pay all fees associated said grading in accordance with the Public Works Department Fee schedule for plan checking and inspection in effect at the time of permit processing. 25. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway • Resolution No. 5481-07 Attachment 4 Page 16 curb cuts in the subdivision and increase the provision of on-street parking. Prior to hearing by ARC, the applicant shall provide plans to the Public Works Department with additional detail adequate to show locations of all proposed shared driveways. 26. Where a Class 1 bicycle path provides access across a public street, raised decorative paving, choke-downs, curb ramps and signage shall be provided and the street crossing shall be designed to direct pedestrians across the roadway in a perpendicular manner, consistent with the 2007 Bicycle Transportation Plan. 27. The subdivider shall installnp �vate street lighting along the private internal streets per City standards, up blic street lighting along public streets interior to the subdivision, and off-site ublic street lighting along Prado Road leading to and from the development, as determined by the Director of Public Works. All public and private street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG&E's point of service. 28. For lots abutting the existing developed Margarita and Chumash Village projects, the slopes and drainage structures proposed in those rear lots shall be maintained by the property owners, with an additional slope and maintenance easement to the HOA so that the HOA can maintain these slopes if the property owners fail to do so in a satisfactory manner. A deed restriction shall be placed on all lots with this situation so that a 6-foot high privacy fence shall be installed and maintained at the top of the slope. Details on the level of maintenance shall be provided in the draft CC&R's and reviewed and approved by the Community Development Director. Water,Sewer, Solid Waste & Utilities: 29. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off-site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 30. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. 31. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. 32. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 33. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, where the water service enters the building. L� • Resolution No. 5481-07 Attachment 4 Page 17 34. The sewer and water mains should be located approximately 6 feet on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 35. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. 36. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall add additional detail to the plans adequate to show the locations of all red curbs, fire hydrants, water meters, backflow preventers, solid waste storage areas (for the detached lots), the solid waste collection vehicle's ability to safely maneuver and access containers on the private roads in the PD portion of the development), to the satisfaction of the Utilities Department. Said details shall also indicate appropriate screening for backflow preventers, and shall clearly indicate any requested deviations from City standards. 37. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan that indicates how any parkway areas associated with detached and/or meandering sidewalks can be irrigated efficiently without overspray, in compliance with Chapter 13.20 of the Municipal Code, to the satisfaction of the Utilities Department. Parkways shall be a minimum of 6-feet in width to allow the planting of street trees. 38. Recycled water will be required to be used throughout the development to the maximum extent feasible. Recycled water use areas will include any landscape or turf areas that are under common ownership or control, and for which the maintenance will be by contract. 39. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to show the width, grade, structural cross-section and turning radii of all fire access roads and connections with public or private roads within the subdivision and within the 71-acre open space lot are suitable for travel by City fire trucks. Grading& Drainage: 40. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and/or issuance of building permits. 41_ Clearing of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the I' An Attachment 4 Resolution No. 5481-07 Page 18 Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. 42. The developer of VTM #2428 shall begin grading operations related to site preparation and infrastructure construction near the westerly edge of the property in order to reduce the potential for short term impacts of "herding" rodents and other small animals toward the adjacent mobile home park. 43. Any required grading for storm flow collection features behind Lots 19-57 shall be done to the satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director. 44. All driveways shall comply with City Engineering Standards#2130 and#2140 for down- sloping and U--sloping driveways. 45. With regard to down-sloping and up-sloping driveways, common driveways shall be considered throughout the subdivision at the time of review by the Architectural Review Commission, particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50/51, 52/53, 54/55 & 56/57, such that driveway slopes do not exceed 20%. 46. The final pad grading and certification shall be in accordance with the approved plans, grading ordinance, and final soils engineer recommendations. The public improvement plans shall be reviewed by the project soils engineer. The soils engineer shall provide written notification to the city indicating that the plans have been reviewed and are in general conformance with the report recommendations. 47. Depending on the timing of subdivision grading and/or building permit applications, the 2007 California Building Code, based on the 2006 International Building Code may be in effect. The provisions of the new CBCABC may differ from those of the current regulations. The soils engineer shall provide an appropriate response regarding the current grading recommendations in comparison to the new codes to the satisfaction of the City Engineer and Building Official. 48. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all graded pads and for in-situ soils on natural lots where deemed necessary by the City Engineer or Building Official. 49. Final pad certifications shall include the certification of pad construction and elevations. The soils engineer shall certify all grading prior to acceptance of the public improvements and/or prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. 50. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,. drainage collection devices, and drainage piping may be required. The public improvement plans and final map shall reflect any additional improvements and easements necessary for slope protection and maintenance. 51. Downstream and/or offsite drainage improvements shall be completed to the satisfaction of the city prior to commencing with public improvements or subdivision grading. If off-site z/r Resolution No. 5481-07 � Attachment 4 Page 19 improvements are not complete, a phasing plan and on-site detention may be required. 52. The width of all public or private drainage easements shall be approved to the satisfaction of the City Engineer. Drainage easements requiring subsurface piping systems shall not be less than 15' in width. Surface drainage improvements located along the westerly and southerly tract boundaries shall be located in easements not less than 10' in width. 53. The interceptor drainage ditch located along Lots 75 — 80 shall be constructed with an approved outlet to the existing drainage channels or to an approved off-site drainage easement. 54. The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of the HOA maintained interceptor ditch unless otherwise approved by the City Engineer and Natural Resource Manager. 55. The interceptor ditch shall be designed to accommodate any improved or diverted runoff from the existing or proposed trail improvements. 56. The public improvement plans and final drainage report shall include additional analysis of the runoff from the existing and proposed trails or access roads. The proposed interceptor ditch shall be extended to protect Lots 52—57 if necessary. 57. The abandoned access road crossing Lots 44 — 51 shall be likewise evaluated. The road drainage shall be clearly defined and drainage improvements and easements shall be provided if necessary. The road may be re-graded to eliminate any cross lot drainage if applicable. 58. The presence of springs within the development area has been identified by the soils engineer as one of the primary geotechnical concerns. All areas of known or observed seeps and springs shall be specifically addressed by the soils engineer. General recommendations shall be provided for all lot areas, roadways, and for the installation of utilities. 59. Drainage systems designed to collect spring water or other sub-surface waters shall be directed to the natural drainage channels to the maximum extent feasible. Subsurface drainages shall not be directed to the surface of the public streets unless otherwise approved by the City Engineer. 60. Utility trenches shall be protected with trench dams based on recommendations by the soils engineer. Trenches to individual Lots shall be likewise protected to avoid the collection and deposition of sub-surface drainage to under-floor or under-slab areas. Relief drains shall outlet to a location approved by the City Engineer. 61. If nuisance spring water is expected or encountered with the subdivision improvements and/or home construction, a separate French drain system may be required with storm drain extensions to individual lots or areas of concern. Homeowners' Association: 1 Attachment 4 Resolution No. 5481-07 Page 20 62. The subdivider shall submit CC&R's with the Final Map that established a "Margarita Area Master Homeowner's Association" (Master HOA). The Master HOA shall include the subdivider's tract, and provide for the automatic annexation of all subsequent potential tracts within the Margarita Specific Plan area. The subsequent tracts may, at their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own, independent HOA, to manage their common area improvements. The Master HOA, and any and all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all common area drainage channels, on-site and/or sub-regional drainage basins and conveyance improvements and the Margarita median landscaping and trail network. The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC&R's shall be approved by the City Attorney prior to recordation of the Final Map, or any phase thereof." 63. The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the lots designated as "Open Space" or"Wetlands Mitigation" (except for the 71-acre lot of the King map, which is proposed for donation to the City). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity. Maintenance responsibilities shall also include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within private streets shall be privately owned and maintained by the MHOA (to be included in CC& R's). 64. The MHOA shall be responsible for maintaining any required red curbing and fire lane signage approved within the subdivision. 65. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions that pertain to all lots: a. Creation of a master homeowners' association if none exists or annexation into an existing MHOA, if one exists. b. No parking except in approved, designated spaces. c. No change in city-required provisions of the CC&R's without prior City Council approval. d. Provision for all of the maintenance responsibilities outlined in various conditions herein. e. The subdivider shall submit common driveway agreements for those lots with shared access including maintenance provisions, to the approval of the Community Development Director at the time of final map approval. f. The MORA shall be responsible for maintenance of the drainage swale running along and behind Lots 19-57 (i.e. all lots backing onto the 71-acre open space lot), as depicted /r�6 Resolution No. 5481-07 Attachment 4 Page 21 on sheet 2 of the Vesting Tentative Map. g. Drainage swales along the west and south tract boundaries shall be maintained, repaired and/or replaced by individual lot owners and ,,eeessible to the MHOA^ in such a way as to allow clear and unobstructed storm water flows. No storage, alterations, construction and/or landscaping may be permitted in or around these swales in a manner that interferes with accessibility to, the design, and function of the overall tract storm drainage system. In the event that individual lot owners do not properly maintain, repair and/or replace the drainage improvements, the MHOA shall have the right under the CC&R's to enter said lot owner's property, effect such maintenance, repair and/or replacement, and bill said owner for costs related thereto. In the event MHOA is unwilling or unable to manage the storm system within the any portion of the tract (including the PD Zone as noted below), the City shall have the right to enter said property and maintain, make repairs and/or replace storm drainage system features and bill the MHOA for said work. MHOA and City access will be established through storm drainage easements recorded with the final map. 66. With respect to that portion of the subdivision within the PD Zone (Lots 86-177), the CC&Rs shall contain the following provisions, in addition to the above:. a. Creation of a homeowners' association to enforce the CC&Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage swales and storm drainage improvements, on-site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping lying outside of private building footprints and patios . b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motor homes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City-required provisions of the CC&Rs without prior City Council approval. /r2 / Attachment 4 Resolution No. 5481-07 Page 22 h. Homeowners' association shall file with the City Clerk the names and addresses of A officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. k. All garages must be available for parking a vehicle at all times, to be enforced by the homeowners association and the City. 1. No change in City-required provisions for trash collection without prior approval by the Community Development Director. Paths/Open Space: 67. The multi-use paths should be 12 feet in width as called for in the Specific Plan, however the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will be used by pedestrians only or where environmental conditions warrant a narrower path based on consideration of in-the-field found conditions. 68. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director. 69. Class I path crossings at "N" St. should be perpendicular to the street. A cross section should be developed to show transition of path up to the roadway crossing. A raised table- top design with decorative pavement, choke-downs, and signage shall be provided and crossing shall be designed to direct pedestrians to cross the roadway in a direct perpendicular manner, consistent with the 2007 Bicycle Transportation Plan. 70. Pathway extending from Open Space lot to "N" St. should be shown to cross "N" St, to "D" St. as indicated by MASP. 71. A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical connection to the terminus of Calle Jazmin. 72. The mid-block crossing of"S" Street shall be eliminated due to its close proximity to Calle Malva. 73. The proposed bridge crossings shall provide an accessible path-of-travel in accordance with the current codes. Air Quality: 74. All activities associated with construction and operation for the subdivision map shall comply /-3 6 \ � 1 Resolution No. 5481-07 Attachment 4 Page 23 at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM-10, NOx emissions,Best Available Control Technologies, construction activity management plans, and phasing techniques. Housing Programs: 75. Lots 171-175 of the "condominium" lots on the revised map, to be reserved for the development of 26 affordable housing units, shall be dedicated to the Housing Authority prior to, or in conjunction with, recording the first phase of Tentative Tract 2428. Lots 176 & 177 are reserved for development of six (6)"open market"-rate condominium units. Improvement plans for Phase 1 of Tentative Tract 2428 shall include complete access and infrastructure (roads, water, sewer, and utilities) to serve the Housing Authority site. Additional affordable housing requirements will be required if the average residential unit size of the entire Tentative Tract 2428 exceeds 2,000 square feet as per Table 2A of the City Housing Element. Planning Requirements: 76. Bulb outs at "T" intersections need to be added to the straight leg "crossing the `T"' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 77. City Standard driveway approaches shall be provided at alley private access points to public streets to and provide adequate line of sight where red curbing would otherwise be needed. 78. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed above. 79. Guest parking spaces shall be designed so motorists can enter and exit the public street in a forward motion,in no more than 2 movements. 80. In order to be consistent with the requirements of the Margarita Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 81. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied. 82. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper design and orientation, including the provision and protection of solar exposure. 83. 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 1-731 • Resolution No. 5481-07 Attachment 4 Page 24 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. 84. Proposed hillside Lots 19-57, which back up to the large open space parcel, are hereby designated sensitive sites and must comply with the Community Design Guidelines for hillside development. Individual lot development shall be subject to the review and approval of the Architectural Review Commission (ARC). Planning staff may make the determination upon submittal of complete plans if the minor or incidental architectural review process is appropriate. 85. Proposed hillside Lots 19-57 are located within a wildland/urban interface area and shall comply with all applicable local and state fire code requirements, subject to the approval of the Fire Marshal. A final fire management plan outlining fuel minimization and maintenance proposals shall be submitted along with subdivision improvement plans to the approval of the Natural Resources Manager and the Fire Department. 86. Where the finished pad elevation for a lot along the westerly and southerly boundary of this subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to it within the Chumash Mobile Home Park, El Camino Estates,. or approved TM 2353, development of said higher lot within VTM 2428 shall be limited to a single story structure. In no instance shall rear yard setbacks for lots adjoining existing Chumash Village Mobile Home Park,El Camino Estates or approved TM#2353 be less than 20 feet. 87. Except as required.above, the following additional conditions of approval relate to requested exceptions to standard City requirements and will apply only within the area rezoned for "PD"Planned Development Overlay: a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of-way and no less than 20 feet to the garage that has access to the public street. b. Street-side setbacks on private streets shall be no less than 5 feet to the residence and no less than 20 feet to the garage from the centerline of the private street for Lots 117 through 137; for all other lots, no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all other non-street fronting side and rear yard setbacks. c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding garages and carports, patios, decks and roof overhangs. d. Upper floor setbacks from property lines need not be more than as required for the ground floor portion of the structure. e. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet. f. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet.) /-3.2 1 Attachment 4 Resolution No. 5481-07 Page 25 g. Driveway depths for garages facing private streets shall be designed to accommodate a parking space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the common area portion of the drive or street. Variations of design to meet this performance standard will be subject to approval of the Community Development Director and final plans shall be reviewed and approved by the ARC. h. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.) 88. Notice of the onset of clearing or grading activities (or other activities likely to cause dust, noise or animal movements) shall be given to all owners and occupants of residential or commercial properties within 100 feet of such activity and all residents and owners within the Chumash Village Mobile Home Park. Such notice shall inform neighbors at least two weeks prior to commencement of activities such as clearing or grading which may result in dust, noise, or animal movements, that such activity is about to take place and advising that certain precautions may be taken to reduce or minimize any effects there from. 89. Prior to review by the Architectural Review Commission, the applicant shall provide specific scaled illustrations showing precise dimensions, area and locations of both private and common open space together with complete tabulations demonstrating compliance with open space requirements of Section 16.17.030. B. of the City Subdivision Ordinance. 90. Prior to review by the Architectural Review Commission, the applicant shall provide tabulations of and specific scaled site plans showing precise dimensions for all guest parking facilities within the single-family portion of the Planned Development component. Without unduly adding hardscape to the site, the amount of guest parking spaces shall be maximized to prevent overspill onto adjacent public streets and more closely meet expected demand. 91. Within the affordable housing component of the project, parking spaces shall be provided that are nearby and convenient to all units. 92. All fireplaces within the development shall be gas-supplied,rather than wood-burning. Code Requirements: 1. Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuance of building permits. 2. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be paid prior to the final map approval. 3. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 4. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part, of a larger common plan of development or sale, also x-33 Attachment 4 Resolution No. 5481-07 Page 26 require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 5. The subdivision design shall comply with the City's grading ordinance. 6. Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 7. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final .map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 9. Access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. All cul-de-sacs shall be minimum 40 foot radius. 10. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5"high x 'h" stroke and be on a contrasting background. [UFC 901.4.4] 11. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 12. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 13. Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire-flows. �-,3y Resolution No. 5481-07 Attachment 4 Page 27 On motion by Commr. Ashbaugh, seconded by Commr. Stevenson, and on the following roll call vote: AYES: Commrs. Brodie, Ashbaugh, Stevenson, Christianson, Miller, Gould-Wells and Carpenter NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 23 day of May, 2007. Pam Ricci, cling Secretary Planning Commission /-3s' SAN LUIS OBISPO Attachment 5 PLANNING COMMISSION MINUTES May 23, 2007 ROLL CALL: Present: Commissioners Dan Carpenter, Amanda Brodie, Diana Gould-Wells, Andrea Miller, John Ashbaugh, Charles Stevenson, and Carlyn Christianson Absent: None Staff: Deputy Director Doug Davidson, Senior Planners Jeff Hook and Pam Ricci, Contract Senior Planner Mary Beatie, Natural Resources Manager Neil Havlik, Deputy Public Works Director Tim Bochum, Assistant City Attorney Christine Dietrick and Recording Secretary Jill Francis ACCEPTANCE OF AGENDA: It was the consensus of the Commission to modify the order of the agenda and hear Business Item 4 first. MINUTES: Minutes of April 25, 2007. Approve or amend. The minutes of April 25, 2007 were approved as amended. PUBLIC COMMENT: There were no comments made from the public. BUISINESS ITEM: 4C.-Citywide. General Plan Conformity Report for the City's CIP Program; City of San Obispo, applicant. (Jeff Hook) Senior Planner Hook presented the staff report, listed the top 10 CIP projects for . discussion, and reco nded that the Commission find and report to the City Council that the 2007-09 Capital ovement Plan, Appendix B, conforms with the General Plan. PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Commr. Ashbaugh suggested the plan make note of the City asing energy efficient vehicles, as well as consistency with the Bicycle Transportation specific to the Bob Jones Trail. Planning Commission Minutes Attachment 5 May 23, 2007 Page 3 mmr. Stevenson had questions regarding the retaining wall, the style of the proposed dw g unit, maintenance needed on the main house, and particular architectural eleme He noted the secondary dwelling should be complimentary to the main dwelling a not of another architectural design. Commr. Brodie p ' ted out several text corrections. Commr. Ashbaugh sugted a pathway (stairways/porches) to the secondary unit be of the railroad architectural ign. On motion b Commr. Miller to a e the exception to allow the existing residence to be considered as a secondary dwellin7%ait, based on amended findings and .subject to amended conditions to more close) re'qRwt the requirements of the City's SDU ordinance. Seconded by Commr. Ashbaugh. AYES: Commrs. Carpenter, Brodie, Gould-Wells, ristianson, Miller, Ashbaugh NOES: Commr. Stevenson RECUSED: None ABSENT: None Commissioner Stevenson voted against the designation of the existing s ture as a SDU because he felt that the proposed new primary residence was out of char r with the existing historic structure. The motion carried on a 6:1 vote. 2. 3000 Calle Malva. PD, MOD/TR and ER 98-06; Consideration of a vesting tentative tract map and amend the Zoning Map to add a Planned Development overlay to the central portion of the property to allow for smaller lot sizes and dimensions with varied setbacks and lot coverages, and environmental review; C- O/S-100 zone; John King, applicant. (Pam Ricci) Deputy Director provided a brief summary regarding the Margarita Area Specific Plan (MASP) and introduced Mary Beatie, a Senior Planner with TPG Consulting, Inc. He explained that Ms. Beatie has been providing assistance in processing the three vesting tentative tract maps proposed in the Western Enclave of the MASP. Ms. Beatie presented the staff report, recommending the Commission adopt a resolution as a recommendation to the City Council to amend thezoning on an approximately 11-acre portion of the central portion of the subject property from R-2-SP (Medium-Density Residential with a Specific Plan overlay) to R-2-SP-PD (Medium-Density Residential with a Speck Plan and Planned Development overlay), approve a Mitigated Negative Declaration (ER 98-06), and approve Vesting Tentative tract map 2428, based on findings, and subject to conditions and code requirements. She provided a detailed presentation of the project history including the Planning Commission's conceptual support in January of 2006 for increased density in the center of the project. Dave Watson, applicant's representative, noted his concurrence with the staffs recommendation and indicated that he was available for questions. Planning Commission Minutes_- Attachment 5 May 23, 2007 Page 4 PUBLIC COMMENTS: Daryl Boothe, San Luis Obispo, expressed concerns with increased density and congestion, increased parking problems, and construction traffic and noise. Elizabeth Righetti, San Luis Obispo, wanted to see lots adjacent to Chumash Village limited to single-story homes and asked that notices for construction activity have a greater range and be mailed out more than a week in advance. Gene Nelson, San Luis Obispo, expressed concerns with the locations of fencing and felt that open space preservation was important. Robert Phelps, San Luis Obispo, presented the Commission with a written statement, expressed concerns with air quality from construction dust and supported a 30-day notice of when grading would begin. Douglas Gerald, San Luis Obispo, had no problem with the increased density of the project in the PD portion, but was concerned with grading that affected the perimeter.. He asked where a possible "roundabout' would be located. There were no further comments made from the public. COMMISSION COMMENTS: In reaction to testimony provided by existing neighbors of the project site, the Commission focused on project conditions that would most directly affect adjacent development both during and after development such as those dealing with air quality and grading. Commr. Stevenson recommended that the amount of guest parking within the project be maximized. He supported the changes described by staff to project grading to minimize the grade differentials between the project and surrounding existing development, but noted that greater setbacks were still warranted to minimize new buildings from towering over other lots. He suggested revisions to corner lots, and recommended that fireplaces in the project be gas burning to alleviate air quality concerns of neighbors. Commr. Brodie asked if this project would be compatible with the Bicycle Transportation Plan and was informed that it is. She asked if there would need to be excess parking for public accessibility to open space areas. Deputy Public Works Director Tim Bochum explained that the open space areas were intended to serve the surrounding neighborhoods and that most people would walk there, but that there would be on-street parking available to accommodate those that might drive there. Commr. Ashbaugh asked for clarification on the proposed grading plan; he was told that the lots along the northern tier that bordered the large open space area were being cut somewhat to more closely meet the lower grade of the street. /_38. Planning Commission Minutes � Attachment 5 May 23, 2007 Page 5 Commr. Miller reiterated her understanding of the overall grading plan, and felt that the local residents could be given two weeks notice of when grading will start. Commr. Gould-Wells explained that there are strict controls over air-quality as it relates to grading and notice requirements, especially in the case of potentially asbestos- containing materials. On motion by Commr. Ashbaugh to adopt an ordinance changing the zoning on an approximately 117acre portion of the subject property from R-2-SP (Medium-Density Residential_ with a Specific Plan overlay)..to R727SP-PD. (Medium-Density Residential witha_ Specific Plan and Planned Development overlay), and approve a Mitigated Negative Declaration (ER 98-06), and approve Vesting Tentative tract map 2428, based on findings, and subject to conditions and code requirements, with the modifications identified by staff in their presentation, changes to conditions 86 and 88 (two weeks notice), clarification in the condition wording regarding the care of common landscaping. references in conditions 26 &_ 69 that the project. be compatible with the Bicycle Transportation Plan, and new conditions including the creation of convenient parking for the affordable component, direction to maximize quest parking, and that fireplaces be gas-buming. Seconded by Commr. Stevenson. AYES: Commrs. Carpenter, Brodie, Gould-Wells, Christianson, Miller, Ashbaugh and Stevenson NOES: None RECUSED: None ABSENT: None The motion carred on a 7 : 0 vote. 4611h.,Ci ide. GPI 49-06: Review of the Draft South Broad Street Corridor Plan; City an is Obispo, applicant. (To be continued to June 13, 2007) This item was ued to the meeting of June 13, 2007, without discussion. 4. Staff A. Agenda Forecast Deputy Director Doug Davidson gave an agen ecast of upcoming events. B. Planning Commission Retreat Deputy Director Davidson discussed the Commission's upcoming J 0t' retreat and explained the format in more detail. Commissioner Ashbaugh noted tha ill be unable to attend. 5. Commission /-39 i ( r Attachment 6 CITY OF SAN LUIS OBISPO PLANNING CONMUSSION AGENDA REPORT rrEM a i BY: Mary Beatie, Contract Sr. Planner, TPG Consulting, Inc. MEETING DATE: May 23, 2007 &Pam Ricci, Senior Planner, City of SLO pf;Z_ FROM: Doug Davidson,Deputy Director,Development Review b, FILE NUMBER: TR/PD/ER 98-06, (County Tract Map No. 2428) PROJECT ADDRESS: 3000 Calle Malva SUBJECT: Environmental review, rezoning of an approximately 11-acre portion of the 99 acre site, from R-2-SP to R-2-SP-PD, and, consideration of Vesting Tentative Tract Map No. 2428 to create a total of 178 lots on approximately 99 acres, located adjacent and to the north of existing single-family development along Margarita Avenue east of South Higuera Road, and adjacent and easterly of the Chumash Village Mobile Home Park fronting on South Higuera Street. RECOMMENDATION Adopt the attached Planning Commission resolution which recommends that the City Council: 1. Adopt an ordinance changing the zoning on an approximately 11-acre portion of the subject property from R-2-SP, Medium-Density Residential with the Specific Plan overlay, to R-2- SP-PD, Medium-Density Residential with the Specific Plan and Planned Development overlays, and approving a Mitigated Negative Declaration (ER 98-06). 2. Adopt a resolution approving Vesting Tentative Tract Map (VTM) No. 2428, based on findings, and subject to conditions and code requirements, and approving a Mitigated Negative Declaration (ER 98-06). BACKGROUND Situation John King has filed an application for a revised VTM and environmental review to create a 178- lot subdivision on a 99-acre site in the northwestern corner of the Margarita Area Specific Plan (MASP). The current map is a revised version of a VTM that the Planning Commission reviewed on January 25, 2006 showing 148 lots. In conjunction with this tract map, the applicant is also requesting approval of a rezoning from R-2-SP to R-2-SP-PD for the approximately 11-acre portion in the center of the site for"Planned Development" design to allow more variation in the project design than normal standards would allow and an increase in allowed density to better achieve the objectives of the adopted MASP. The Planning Commission reviews vesting tentative tract maps, rezonings, and environmental documents and makes a recommendation to the City Council, which takes a final action on such requests. Data Summary: Address: 3000 Calle Malva, San Luis Obispo, CA 93401 Applicant: John E. &Carole D. King (owner& subdivider) Representative: Dave Watson, King Ventures ��d Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 2 Environmental status: A Final E1R for the Margarita Area Specific Plan, which included the subject site was certified by the City Council on October 12, 2004. A subsequent Mitigated Negative Declaration, tiered to the prior FEIR is recommended for the site-specific project PD-rezoning and VTM No. 2428. Site Description The approximately 99-acre site is located at the base of the South Hills, adjacent and east of the existing Chumash Village Mobile Home Park off South Higuera Street and adjacent and north of the existing El Camino Estates subdivision along Margarita Avenue. The site also lies north of approved VTM No. 2353 (DeBlauw) Sierra Gardens subdivision. The subject site is one of three subdivisions comprising the "Western Enclave" as identified in the Margarita Area Specific Plan (MASP), lying north of Prado Road between South Higuera Street and Broad Street. The other two maps comprising the Western Enclave, Vesting Tentative Maps No. 2353 (DeBlauw) and No. 2342 (Cowan/French), were both approved with Mitigated Negative Declarations by the City Council on March 7, 2006. The subject site is gently sloping with a southerly aspect, is currently vacant, and is traversed from generally north to south by three natural drainage ways. Project Description: The subdivision would allow the creation of 178 lots total, consisting of the following: • 6 open space lots (Lots 81-85 as riparian corridors & the 71-acre hillside Lot 178); • 80 lots for single-family residential development (Lots 1-80); • 85 lots for single-family residential development as part of a planned development (Lots 86-170); • 5 lots for 26 "Affordable Housing"Condominium Units (Lots 171-175); and • 2 lots for 6 "Market Rate"Condominium Units (Lots 176 & 177) A total density of 197 residences on 20.26 acres is proposed resulting in an overall averaged density of 9.7 units per acre. The "Planned Development" overlay zoning to the existing R-2-SP zoning is proposed on an approximately 11-acre portion in the center of the site. Within the proposed PD zone, there would be primarily single-family dwellings (85), but also 32 condominium units. The 26 required Affordable Housing Program units represents the previously agreed pro-rata share of the overall Affordable Housing component for the Western Enclave; the balance of the required units will be provided within VTM No. 2353 (Sierra Gardens/DeBlauw). The other 6 condominium units will be "market rate". Another component of the current request is for the Council to reaffirm its acceptance of the offer of donation of a conservation easement, and ultimately, fee title, to the same 71-acre open Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 3 space lot at the north edge of the subdivision in the South Hills area. Although this open space lot is now identified as Lot 178, it remains unchanged in size and location from the prior map. Specific development plans for this project will be subject to further review by the Architectural Review Commission at future meetings. Previous.Review: On October 12, 2004, the City Council certified the Final EIR for and approved the Margarita Area Specific Plan (MASP), by Resolution No. 9615 (2004 Series). This action included approval of both text and map amendments to the City's General Plan, rezoning the subject site to R-1-SP (Low-Density Residential), R-2-SP (Medium-Density Residential), R-3-SP (Medium- High Density Residential), C/OS/SP (Conservation/Open Space) and C/OS-40-SP (Conservation/Open Space-40-acre minimum). As specific development proposals are processed for sites within the MASP, new initial studies are prepared and the applicable mitigation measures contained in the MASP Final EIR are incorporated into the respective tiered environmental assessments. On January 25, 2006, the Planning Commission considered three vesting tentative tract maps for the area commonly referred to as the "Western Enclave" of the MASP. These three maps were identified as VTM No. 2342 (Cowan), VTM No. 2353 (DeBlauw), and VTM No. 2428 (King). The Commission unanimously recommended to City Council approval of the vesting tentative maps and mitigated negative declarations, based on findings, and subject to mitigation measures, conditions, and code requirements. This action included approval of the conceptual request by King Ventures, submitted to staff a day prior to the Planning Commission hearing, for certain modifications to the map that would allow for higher densities and additional lots. At a subsequent City Council hearing on March, 7, 2006, the Council expressed their general support for the modified version of the King map (TR/ER 65-05; County Tract Map No. 2428), which might accommodate additional density, but declined to take action on the requested modifications, directing instead, that the design of a revised lot layout for the remainder parcels be finalized and re-submitted so that it could be reviewed through the normal planning, zoning and CEQA processes. Despite not taking a final action on either the map as originally designed or the proposed modified map, the Council did however adopt a resolution accepting the project sponsor's offer of donation of a conservation easement and ultimately, fee title, to the 71-acre open space lot along the north edge of the subdivision in the South Hills area. The other two VTM maps (Cowan/French & DeBlauw) were approved by the Council. EVALUATION The evaluation section of this report is structured to provide a discussion of the application requests, General Plan/Margarita Area Specific Plan compliance, compliance with the Zoning. Regulations, environmental review, and conformance with the City's Growth Management polices. This evaluation, where pertinent, will also highlight the material differences between this proposal and the original map design reviewed in 2006. Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 4 L APPLICATION REQUESTS Vesting Tentative Mau No. 2428 The revised map proposes an increase of 30 lots (from 148 to 178 lots) and an accompanying increase of 32 residential units (from 165 to 197 units) from the original design. The originally proposed 6 open space lots remain unchanged both in location, size, and function. Approval of a vesting tentative map confers a "vested right" to develop in substantial compliance with the ordinances, policies and standards in effect when the application was determined complete on April 2, 2007 per Chapter 16.34 (Vesting Tentative Map) of the City's Municipal Code and Sections 66474.2 and 66498.1 of the California Government Code(Subdivision Map Act). Section 66474 of the California Government Code specifies the findings for approval of a tentative map, which are included as Findings 1-7 in the attached Draft Planning Commission Resolution (Attachment 8). Five of the subdivision lots, Lots 171-175, are proposed for 26 units of affordable housing development, will be dedicated to the Housing Authority as soon as infrastructure (street access, utilities, etc.) is completed for those parcels, and before recordation of the Final Map. Two lots, Lots 176 & 177, are reserved for development of six (6) "market rate" condominium units. The precise development proposal for the condominium lots will be processed at a later date; however, such development is to be consistent with the Affordable Housing Program included with this VTM proposal as approved by the City Community Development Director. As in the original map design, the subject revised map retains the bike/pedestrian ways throughout the subdivision and traffic calming features to promote the pedestrian friendly environment envisioned by the MASP. As in the original design, the subject revised map retains proposed open space Lots 81-85 to achieve biological and drainage mitigation required by the MASP FEIR, as well as to incorporate opportunities for passive recreation amenities for the future residents of the subdivision as stipulated by the MASP. These lots are still proposed to be maintained by a proposed Master Homeowner Association in conjunction with additional open space lots in the adjacent approved VTMs Nos. 2342 and 2353. Lot 178 of the subject VTM No. 2428 is still proposed for permanent open space purposes by way of an offer of dedication to the City which was previously accepted by City Council action on March 7, 2006, by Resolution No. 9778 (2006 Series). The City Council subsequently took action on May 15, 2007 by Resolution #9897 (2007 Series) to accept a conservation easement on the subject 71 acre parcel (Lot 178). PD Rezoning As noted in the project description, the applicant proposes to add the "PD"Planned Development Overlay Zone to the existing R-2-SP zone(to create "R-2-SP-PD" zoning) in the approximately 11-acre central area of the site. The "PD" zone is intended to encourage imaginative development and a more effective use of site. It does this by allowing more variation in project design than /-Y3 -� Attachment 6 Tract No.2428-RevisedVesfm Tentative Map(King-TR/PD/ER 98-06) Planning CommiAon Agenda Report Page 5 normal standards would allow. Through the use of PD zoning, lot size, configuration, yards, building heights, lot coverage, and parking may be specified for the project without conformance to the standards of the underlying zone. Such variations from normal standards however are required to provide benefits to the project occupants or to the community as a whole which could not be provided or achieved under conventional regulations. Further, in this instance, the project is also subject to the MASP. The MASP was developed to respond to a variety of pressures and demands emerging within the City, including a higher demand for housing within a market of relatively unaffordable housing and land costs; trends favoring higher density living in a walkable residential environment; and more urban amenities to facilitate transit oriented travel without sacrificing valued open space amenities. The adopted MASP is a coordinated land use and transportation strategy intended to facilitate the protection of open space and the production of housing while minimizing additional vehicle trips and vehicle miles traveled in the City. The MASP supports the creation of planned developments through utilization of "PD" overlay zoning as a mechanism to better-achieve these multiple objectives. The applicant's stated objective, accompanying the proposed preliminary development plan required by Section 17.50 Planned Development chapter of the Zoning Ordnance, is to: Create a multiple-product Planned Development neighborhood in the Margarita Area consisting of predominantly detached single family residential units on 165 lots. Also proposed is a higher density, attached housing project consisting of 32 condominium units, 26 of which are proposed for "affordable housing", which in conjunction with 23 affordable housing units approved with the adjacent VTM No. 2353-DeBlauw, will satisfy Section 10.8 requirements of the MASP for Western Enclave area. To approve the planned development rezoning, the City Council must be able to find that the PD zoning meets one or more of the following criteria: 1. The project is consistent with the General Plan and the applicable Margarita Area Specific Plan, and the proposed land use is allowed within the applicable primary zoning districts, both existing and proposed 2. The project complies with all applicable provisions of these Zoning Regulations including those modifications as authorized herein by utilization of the PD Overlay rezoning. 3. The approved modifications to the development standards of Zoning Regulations through the PD Overlay are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts 4. The project complies with all the applicable City Design Guidelines 5. All affected public facilities, services, and utilities are adequate to serve the proposed project, i-7 7 Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 6 6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the.land uses and development intended for the surrounding neighborhood by the General Plan; 7. The site is suitable for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. 8. The establishment, maintenance, or operation of the proposed project, as conditioned, will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City The portions of the project covered by the proposed PD Overlay Zone (Lots 86-177) propose a total of 117 units on approximately 11 acres (85 detached and 32 condominium units for approximately 10.5 units per acre). The 85 units proposed will offer seven floor plan choices, some with variations ranging from one-bedroom, single story units, with a single car enclosed garage, up to 2, 3, and 4 bedroom 2-story units with two-car enclosed garages. The 32 two- and three-story condominium units offer a range of studio and 1-, 2- & 3-bedroom options, with single and 2-car garages in 17 units and open parking spaces for the other 15 units and 13 guest parking spaces. Four handicap-accessible condominium units are also proposed (one unit each in studio, 1, 2, & 3-bedroom options.) For additional details regarding proposed units and open space provisions, please see attached Attachment 4. The PD area is proposed to meet MASP development regulations for the applicable Medium Density and R-2-SP-PD zoning districts, with the exception of the following requested modified standards: 1. Public Street Yard Setbacks: Required: Per MASP Table 3b (units primarily fronting on private street): 15 ft. to house; no explicit requirement for garage setback. Requested: Minimum 10 ft. to the residence. Minimum 20 ft. to a garage that has direct access to the public street. Staff's Analysis: Reducing the required public street yard setbacks 5 ft. within the PD area enables concentrating more units within the central portion of the site to achieve higher densities prescribed by the MASP while maintaining larger lots and maximum setbacks in perimeter lots for privacy protection to adjacent developed areas. Twenty foot setback to garage allows adequate depth in driveway to park a car outside the public right of way. �'LJr Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 7 2. Interior Private PD Street Yard Setbacks: Required: Not explicit in Zoning Ordinance or MASP. Subdivision Ordinance. requires 8 ft. of landscape between building and edge of pavement of private drive and minimum 18 feet from garage to edge of pavement. Requested:Minimum 5 ft. to the residence. Minimum 20 ft. measured from the garage to the centerline of the private street for Lots 117-137. For all other lots, minimum 15 ft. measured from garages to the centerline of the private street. Staff's Analysis: Practically, a vehicle of a typical 18-ft. length may extend out into the private drive and create a passing hazard Private street widths and driveway depths will need to be designed so as to accommodate a 20-ft minimum parking space in front of a garage to prevent a parked vehicle encroaching into the travel lane of the common area portion of the drive or street. 3. PD Side and Rear Yard Setbacks: Required: Table 3b of MASP requires for side setback to a neighboring lot to be as per R-2 Zone which requires 5 ft. minimum at first story, including to a covered parking area, increasing incrementally depending on height of roof up to 15 ft. for a 35 ft. high roof. Street side setback of a comer lot is 15 ft. per Table 3b of MASP. Rear yards for first or second stories to residence required at 20 ft.; nothing specified for third stories. Requested: Minimum 5 ft. in any instance. Staffs Analysis: Some second stories proposed within PD area will be stepped back but not in all instances. The PD area has been designed to allow many of the side and rear yards setbacks that are not occupied by homes and private patios to be "consolidated" within bands of open space that will run between and throughout units in the neighborhood without fencing; some side and rear yards will be adjacent to open space lots which provide additional "setback" from adjacent development, others adjoin rears or sides of other lots. While not providing strict compliance with side and rear yard setback concepts this design enables common access and unified landscape maintenance throughout these bands of open spaces to be managed by the PD Homeowners Association. Further, exterior patios constructed within individual lots will be restricted to fencing around said private area no more than 42 in. in height, and subject to Architectural Design Review and CC&Rs. 4. Minimum PD Lot Size: Required: MASP requires minimum lot areas in the R-2-SP zone applicable to the proposed unit designs ranging from 2,400 sq. ft. for a 1-bedroom home up to 5,000 sq. ft. for a 4-bedroom home. Requested: Minimum 3,030 sq. ft., (maximum 7074 sq ft.) i-y4 .��...5..•'SC'1'iT.'f`iSlrY.4.'.S.-.A.MLY.Mgt� Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 8 Staff's Analysis: The PD Site Plan for selected lots do not appear to comply in every instance to the minimum lot sizes prescribed by the MASP based upon bedrooms provided by the particular floor plan designated, The range of lots sizes proposed however, would seem to be able to accommodate one or more of the proposed floor plans. The lot sizes may also be able to be adjusted slightly in certain instances in order to accommodate a particular floor plan. In no event will a floor plan fora lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.) 5. Lot Coverage• Required: MASP requires a maximum lot coverage of 60% in the Medium Density (R-2-SP) area of the site. Requested: Maximum 75% of Lot Area for all structures excluding garages and carports, patios, decks and roof overhangs. Staff's Analysis: Given the desirability of maintaining larger lots and maximum setbacks in perimeter lots for privacy protection to adjacent developed areas, and the need for densities overall to fall within the desired range of 7-16 units suggests a need for smaller lots within the PD area and higher lot coverage in order to provide a range of housing types and sizes to satisfy market demand variations. 6. Upper Floor Building Setbacks: Required: See discussions above under No. 1, 3, &4. Requested: No additional upper floor setbacks will be required from property lines in the PD neighborhood maximum Staffs Analysis: See discussions above. 7. Maximum Exterior Private Patio Area: Required: The MASP does not prescribe standards for patio areas. The Zoning Ordinance requires a minimum of 250 sq. ft of qualifying private open space for projects in the R-2 zone, with a minimum dimension at ground level of 10 ft. in every direction or 6 ft. for open space provided on a balcony or elevated deck. Requested: One or more patios per residence shall not total more than 500 sq. ft. Staffs Analysis: The proposal for patio spaces appears to satisfy the Zoning Ordinance requirements for Private Open Space. The final design of patio spaces will be required to meet the zoning ordinance standards and will be subject to Architectural Design Review. 8. Patio Fence Heights: Required: The Zoning Ordinance has a specific maximum fence height requirement for 1-Z17 l i; Attachment 6 is 6.....r.�...w:YL'�:.L:..^J+G4L'.Le"Y\ntirn..::,,:•'•_... Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) — Planning Commission Agenda Report Page 9 fences within street yard areas.. The PD Site Plan however, does not appear to propose any fencing in such locations. The Zoning.Ordinance limits fence heights in other yard areas to a maximum height of six feet. No such fences of this type appear to be proposed. The Ordinance states that any wall connected to and a part of the house, may be any height allowed in the underlying zone. The only fencing (or walls) proposed within the PD area would be those to surround the private patios, likely connected to the residential unit. Requested: Maximum 42 in. proposed. Staff's Analysis: The proposal appears to satisfy requirements of the MASP and Zoning Ordinance with regard to fence height limitations. One of the objectives of the current design and the request for PD zoning is achieving higher densities within the central portion of the site to better achieve MASP desired densities, while preserving larger lots with conforming yard areas and setbacks and thus lower densities in areas directly adjoining established or already approved neighborhoods (Chumash Village Mobile Home Park, El Camino Estates, and VTM No. 2353 (DeBlauw). Another objective achieved by the current design is limiting grading and landform modifications as much as possible to respect the steeper slopes of the property and retaining the three creek/storm water channels traversing the site in their natural state to maximize their open space and habitat values as desirable amenities for the development. The PD overlay zoning allows flexibility in designing to the irregular size, angles and direction of these channels in order to leave them in their natural location, even though the MASP allows such channels to be relocated The PD Overlay Zoning will also facilitate the objective of utilizing private streets and shared driveways to increase land area available for housing. The PD portion of the site is also designed to respect the MASP and subdivision ordinance requirements for both "private" and "common' use open space, The revised subdivision design still proposes common use lots centered along the existing alignment of drainage ways, to retain and enhance these features as environmental mitigation, components of the comprehensive drainage system for the Western Enclave, and as a development amenity. Further, the subdivision design proposes a prohibition of perimeter lot fencing to allow the yard setbacks and portions of the single-family homes and private patios to be "consolidated" within bands of open space that will run between and throughout units in the neighborhood, accessible to all as common open space.The illustration and documentation of precise dimensions and calculated areas of all private and common open space will be subject to further review by the ARC (see Condition of Approval No. 89). The revised project design also improves the relationship of lots adjacent to existinglapproved neighborhoods through deeper lots, greater (20 ft.) rear yard setbacks, and grading modifications to reduce the "towering over" effects of new buildings. While these modifications push the balance of the project further into the center of the site, this project is able to devote the majority of the site (roughly 83%) to exclusively single family structures to retain compatibility with adjacent established neighborhoods and respect the constraints for residences to be built on slopes up to 30% along the base of the South Hills and achieve some increased density at the center of the site. Further, shared private driveways are used in the PD area to lessen the amount of land otherwise i-yam _...n _.. .__._ / a Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) _'-,1-. w_:_..;•;.-: Planning Commission Agenda Report Page 10 dedicated to public streets, facilitating clustered smaller lots to maintain the desired higher levels of density. The smaller lots are tied together by neighborhood green spaces for use by PD residents, and by open space lots common to the subdivision with associated creek corridors and trail networks. (See also additional discussion of grading below under"Geologic\Grading".) IL GENERAL PLAN/MASP COMPLIANCE Land Use: The residential and open space lots are located and sized in accordance with the Low Density, Medium Density, and Medium-High Density Residential, and Open Space land use designations and provisions of the MASP applicable to the subject site. Based upon the acreages in the subdivision devoted to Low Density, Medium Density, and Medium-High Density/Planned Development and the densities desired for these areas by Table 1 of the MASP land use designations, a total of 175 units would be the minimum number of units needed for the area being subdivided including the required affordable housing units (pro-rated for this portion of the Western Enclave to be 26 units.) The project is proposing 197 total units, for an overall density of approximately 9 units per acre which is within the range of 7-16 units per acre desired by the MASP for this site. Staff has considered the proposed density against the competing demand of minimizing grading and finds that the lower-end density on this more sloping site to be acceptable. Due to the more sloping nature of the site compared to others that are flatter, higher density would result in more lots of a smaller size resulting in more extensive grading—a tradeoff of potentially more adverse environmental impacts in terms of aesthetics and slope stability concerns. Traffic and Circulation: Access to the Revised VTM No. 2428 remains effectively unchanged. Access to the site is available from several locations: 1) From the planned easterly extension of Prado Road pursuant to the MASP (and recommended conditions of approval) via Calle Malva which will extend north from Prado Road through approved VTM No. 2342 (Cowan/French) and the existing El Camino Estates neighborhood, 2) From South Higuera via Margarita Avenue connecting to the northerly extension of Calle Malva, and 3) From Prado Road via streets extending north through VTM No. 2353 (DeBlauw) and connecting to proposed "D" and "N" Streets. Once Prado Road is fully constructed east and west, the site (and the Western Enclave and the entire Margarita Area) will also have access to Broad Street to the east. The location of these accesses to the site as well as other proposed streets to complete circulation internal to the subject VTM No. 2428, are all located in accordance with the Circulation Plan of the MASP. The relatively minor increase in the number of lots (30) and residential units (32) will not significantly affect the overall capacity of area roads to accept the increased trips associated with this development increase. (For additional details in this regard, please refer to analysis contained in Checklist Item #15: Transportation/Traffic, of the attached Initial Study.) /7Yp Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 11 Pedestrian and Bike Paths: Consistent with the MASP, Class I shared pedestrian/bicycle paths are still proposed by the Revised VTM within Open Space Lots 82, 83, 85, and 178 (the 71-acre lot dedicated to the City for public open space) connecting to "N" Street and crossing "S" Street through Lot 84. These paths will conform to requirements of the MASP, including how they are integrated into the small creek/drainage corridor lots. Conditions of approval require special treatments at "N" and "S" Streets to demarcate the roadway crossings. The paths will thereby be linked to the established trail system along the South Hills. These paths may be narrowed in specified locations within the open space lots to no less than 8 feet based upon recommendations by the City Natural Resource Manager in order to accommodate protection of or avoidance of interference with special concern species, in accordance with the stipulations of Biological Mitigation Program for compliance with MASP FEIR mitigation. Street Development: Perimeter streets "W", "N", and "S", Calle Malva and "D" within the subdivision are now the only proposed public streets within the Revised VTM; all other streets within the central 11-acre area proposed for PD zoning are now proposed as private streets to be maintained by a Homeowners Association. The private streets have been laid out and sized to assure maneuverability within and access by larger City service vehicles (solid waste and fire trucks) and delivery trucks. Construction of streets to access the subdivision from adjacent developments and neighborhoods (Calle Malva, "D", and "Y' Streets) will be conditioned, as before with the original design, to occur in relation to timing of construction of"D" and/or"F' and "M' Streets in VTM No. 2353 (Sierra Gardens/DeBlauw) and Calle Malva in VTM No. 2342 (Cowan/French) such that either Calle Malva, "D" or "Y' Streets and/or "F' and "W Street will provide primary access to the site initially. Although bulb-outs and choke downs are still proposed fairly liberally throughout the proposed subdivision and are certainly appropriate devices to achieve traffic calming as required by the MASP, additional traffic control devices such as raised tabletops at open space crossings may be beneficial to further the MASP objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." A condition of approval has been recommended to require the final design, location and number of traffic calming measures to be reviewed and approved by the Public Works Director prior to final map approval. Geologic\Gradin The subject site lies essentially at the toe or lower lying inclines of the south-facing South Hills. This site is the more steeply sloping site of the three proposed Western Enclave developments. As such, grading will likely be the most extensive on this site. As with the original design, the design of the Revised VTM proposes the lot and street layouts to follow the natural gradient of P _ Attachment 6 !: Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 12 the site to minimize grading. Also, the subject map proposes about 60% of the subdivision (over 120 lots) will utilize shared driveways, another means to minimize driveway cuts and thereby reduce grading. Concern was expressed at the January and March 2006 public hearings on the previous subdivision design for this site for potentially undesirable elevation differences between the previously-proposed lots and adjacent lots within the existing Chumash Village Mobile Home Park to the west and development within the adjacent proposed VTM No. 2353 (DeBlauw). Many of the lot pads previously proposed along these southerly and westerly property lines had elevation differences of 5 feet or more, creating an undesirable privacy situation where one neighbor may be able look down into the yards or windows of adjacent homes. To some extent, this type of grade differential between new and existing developments must be anticipated in hillside settings. There are often competing goals with accommodating needed elevation requirements for drainage, for instance, and elevations of previously existing or proposed adjacent development. During the public hearings in 2006, the careful location of fences at the tops of the banks, particularly where the slope bank exceeds a ratio of 3:1 (3 ft. of vertical for every 1 foot horizontal) was recommended to mitigate privacy concerns. Previous conditions of approval recommend that where such slope ratios will exist and elevation differences between adjacent lots exceed 4 feet, that privacy fences be established at the top of the bank and the remainder of the slope bank, including drainage structures, be owned and maintained by the Homeowners Association through deed restriction. The revised VTM currently under consideration has made modifications to its preliminary grading plan and overall development proposal to address the above-described privacy concerns and appears to better conform to the City's essential grading requirements and standards, and objectives of the MASP (see Attachment 5 which compares the extent of grading proposed before with the current proposal). In addition to proposing the deeper rear yard setbacks at 20 feet for consideration of 2-story units along the westerly and southerly property lines adjacent to the Chumash Mobile Home Park and El Camino Estates, the grading plan has also reduced the previous worst case elevation differences along the southerly property line adjacent to the approved DeBlauw VTM No. 2353 from approximately 10.5 feet to 4.5 feet. This has been accomplished in part by elevating the building pad several feet by now "splitting" the former rear yard cut between the front and rear yards. While this eliminates the need for retaining walls in the rear yards of lots adjacent to the DeBlauw VTM No. 2353, the tradeoff results in some downward slope of front yards from street grades and portions of rear yards sloping slightly to the property line. Despite the reduction in many of the previously proposed cuts, the previous condition of approval described in the paragraph above is still recommended for this revised map to minimize the privacy concerns in the event final grading plans reveal a need for similar elevation differences in isolated locations.. The addition of the PD development within the center of the site has also provided opportunities to absorb cuts and fills within the "green areas" between the units. The slopes are proposed to be i-si Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) •-- ; �._, Planning Commission Agenda Report Page 13 a maximum of 3:1. It is possible also that some of the peripheral lots on the east edge of the site against the South Hills open space lot (Lot 178) will require terraced grading within the lot to step construction pads to accommodate construction of split level houses, eliminating the need for a single larger cut for the entire pad area. In this regard the Public Works Dept. has expressed concerns now that the changes described to the extent and location of cut and fill will create some new conditions not previously encountered with the prior design regarding down-sloping and up-sloping driveways. Notably, the building footprints for Lots 58 — 78 will need to include garage setback notes, or clarify that these lots may require garages be elevated above the existing. grade. Further with regard to up-sloping driveways common driveways should be considered for lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50/51, 52/53, 54/55 & 56/57, keeping driveway slopes under the maximum of 20% slope. In addition, conditions of approval are recommended to require that all driveways shall comply with City Engineering Standards #1230 and#2140 for down-sloping and up-sloping driveways. Biolosical Resources: Biological impacts of the three Western Enclave projects fall into several categories: wetland impacts; impacts to other sensitive habitats, and impacts to sensitive species. These impacts and related mitigation measures are all discussed more site-specifically in the attached Environmental Initial Study for this map. Copies of the environmental assessments and adopted Mitigated Negative Declarations for the other two approved VTMs comprising the Western Enclave area (VTMs No. 2342 No. 2353) are on file with and can be viewed at the City Community Development Department The Revised VTM makes no material changes to the design, size, location or function of the open space lots; consequently, no new impacts to biological resources result from the new design. The applicant commits to carrying out the same biological resource mitigations previously established for this site, individually, and for the entire Western Enclave developments collectively. Oven SDace/Recreation• The three unnamed natural drainage swales running southward through the site out of the South Hills are still proposed by the subject revised VTM No. 2428 to be protected for multiple benefits pursuant to the "Open Space-Riparian" designation requirements of the MASP. In order to not jeopardize the integrated design aspects of the three Western Enclave subdivisions with regard to design, use and function of these inter-connected drainages, it was important that the revised design not result in any substantive changes to the drainages from the original VTM No. 2428 map proposal. In addition to biological and drainage benefits (described elsewhere in this report), the MASP envisioned these drainage ways being preserved largely in their natural state to also achieve open space and passive recreation opportunities, both within the MASP generally, and within the Western Enclave area specifically. The subject map proposes Lots 81-85 to achieve these multiple purposes. These lots comply with the MASP specifications for "creeks". These 3 corridors also provide channels for limited i-sz F, Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) - Planning Commission Agenda Report —= Page 14 storm water runoff from the subject tract (the majority of run-off will be directed to a parallel, traditional underground drainage collection system to be built.) The MASP calls for these corridors to be about 15 meters (50 feet) in width, generally centered on the natural flow line of the channel. The proposed subdivision design shows roughly 10 to 20-foot setbacks from the top of creek bank or edge of riparian vegetation to building envelopes consistent with Section 17.16.025 of the zoning regulations (creek setback ordinance). These 5 open space lots are proposed to be owned and maintained by a Homeowners Association as set forth in the recommended conditions of approval. As noted above, Lots 82 through 85 will also incorporate Class I pedestrian/bike paths consistent with the MASP designations for"trails" within the Western Enclave area. Generally these trails will be 12-feet in width, with provisions, pursuant to recommended conditions of approval for the City Natural Resource Manager to reduce this width (to no less than 8 ft.) consistent with stipulations of the Biological Mitigation Program. After considerable consideration, staff determined, based on the final locations of streets and open space lots resulting from the coordinated and integrated design with the adjacent VTM No. 2353, that moving the trail location to align with the more westerly drainage swale of the subject property made the best sense, instead of placing it within the central drainage as indicated by the Plan, where a logical connection or extension through adjacent development could not be provided. Ultimately these trails will connect with the existing trail system across the South Hills Open Space Lot 178 of the subject subdivision, for which an Offer of Donation by the project sponsor for conservation easement, and ultimately fee title, purposes has already been accepted by the City. These 12 ft . wide combined pedestrian and bike paths along the creek channels, as noted, are consistent with the MASP, and are on at least one side and in some cases on both sides of the 3 creeks. As such bridge crossings are necessary and planned to tie the trails into the surrounding residential neighborhoods. Placement of the combined trails within the 15 meter corridors and providing flexibility to allow paths as narrow as 8 ft. given site and creek-specific considerations together with necessary bridge crossings to maintain appropriate continuous connections, require certain exceptions and findings pursuant to the Zoning Ordinance as contained in the attached draft Resolution (see Attachment No. 8). The granting of such exceptions is appropriate for this development since, as noted, the drainages are narrow in some locations making adjustments necessary to accommodate the continuity of the path system, Further the subdivider will be making enhancements to the creek corridors to benefit their natural habitat capabilities off-setting years of degradation from cattle grazing, and making them a valuable amenity to the overall development. For further discussion of this, please refer to Attachment No. 4 "Planned Development (PD) Overlay Zoning District Required Features and Findings". These 5 open-space lots are intended to not only provide a valuable open-space\aesthetic and recreational amenity to this new neighborhood, but will ultimately provide city-wide benefits by accommodating inter-connection of existing and future pedestrian/bicycle trails and paths and bike lanes surrounding and within the remainder of the Margarita Specific Plan area. Attachment 6 Tract No.2428-RevisedVestin Tentative Ma (Kin TR/PD/ER 98-06) f 3i Planning Commission Agenda Report Page 15 Inclusionary &.Affordable Housing: The Planning Director is recommending approval of the proposed Affordable Housing Plan finding that it is consistent with the MASP and Housing Element. A recommended condition of approval stipulates that Lots 171-175 of this map (along with Lot 105 of VTM No. 2353- DeBlauw) be dedicated to the Housing Authority prior to, or in conjunction with, recording the first phase of VTM No. 2353 and Revised VTM No. 2428, respectively. Improvement plans for Phase I of the each VTM shall include complete access and infrastructure (roads; water, sewer,. and utilities) to serve the Housing Authority site. Additional affordable housing requirements will be required if the average residential unit size of the entire VTM tract exceeds 2,000 sq. ft. Public-Utilities/Services: Infrastructure for all standard public services for telephone/data, electricity (including street lighting), gas, fire (including hydrants), domestic water and sewer, trash collection and storm drain remains unchanged from the original proposal and will be constructed at the site by the subdividers. Although numerous private streets/drives are now proposed for the central PD area of the subject Revised VTM No. 2428, their design is such that accessibility to lots by fire trucks and solid waste collection trucks is not compromised. Other Design Features: The subject map proposes over 60% of the subdivision lots (primarily within the PD area) will utilize shared private driveways in order to reduce grading, and minimize driveway cuts that would otherwise be associated with multiple individual driveways. The overall project design provides adequate parking in conformance with requirements of Zoning Ordinance Section 17.16.060, including off-street/guest parking consistent with Table 6 therein. (Please refer to Attachment No.4 for additional details provided by the applicant.) IV. CONFORMANCE WITH GROWTH MANAGEMENT POLICIES According to the City's General Plan, the City's housing supply shall grow no faster than one percent per year, averaged over a 36-month period, excluding dwellings affordable to residents with very low and low incomes. Before a residential expansion area is developed, the City must have adopted a specific plan or a development plan for it. Such plans must provide for phased development consistent with one-percent annual, citywide population growth and taking into account expected in-fill residential development within the 1994 City limits. On April 18, 2006, the City Council accepted the 2005 Annual Report on the General Plan and approved a revision to the Residential Growth Management Ordinance phasing schedule (Council Resolution #9789. Under the current phasing schedule, dwelling units are allocated to the Margarita Area as follows: ��y a Attachment 6 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) Planning Commission Agenda Report Page 16 2005-2007: 80 Units 2008-2010: 368 Units 2011-2013: 300 Units 2014-2016: 120 Units Total: 868 Units Therefore, the earliest that the construction in the Margarita Area could be completed is 2014. This build-out timeframe is possible assuming all subdivision requirements are met, including construction of Prado Road. The Margarita Area will not use any of its allocation during the 2005-2007 interval, totaling 80 units. According to the Growth Management Regulations, the Council can allocate those units to a future interval to encourage completion of neighborhoods that have been started. It is likely that these units would be allocated to the last phase of development in the Margarita Area, 2014- 2016, because additional units can be placed in this interval without exceeding the 1% maximum. However, if infill development is less than expected during any of the prior intervals, the Council can increase the allocation to the Margarita Area before 2014 as long as the total number of dwellings constructed will not exceed 1% for that interval. OTHER DEPARTMENT COMMENTS The comments and recommendations of various City departments are incorporated into the conditions and code requirements of the attached draft Resolution. ALTERNATIVES 1. The Commission may recommend approval of the project with modified findings and/or conditions. 2. The Commission may continue review of the project, if more information is needed. Direction should be given to staff and the applicants 3. The Commission may approve a resolution recommending that the City Council deny the proposed subdivision, based on findings of inconsistency with the Margarita Area Specific Plan as specified by the Planning Commission.. Attachments: 1. Vicinity/Location maps 2. Vesting Tentative Tract Map No. 2428 (revised) 3. Developer's Statement �ss Attachment 6 4 Tract No.2428-RevisedVesting Tentative Map(King-TR/PD/ER 98-06) r Planning Commission Agenda Report K L4Y.d1e^:]{.jyl+PeA�_C.aG+✓o.::n.CJPS Page 17 -, 4 Planned Development (PD) Overlay Zoning District Required Features and Findings 5. Grading Proposals -comparing the existing to the prior proposal 6. Initial Study(ER 98-06) 7. Draft Planning Commission Resolution S:\Prcjects\05-914.4\Work ProductTiinal Staff Report to City 5-17-07.doc Attachment n, CIOS40 -1 P 0 -P - .. ! .Y+ � ".� yr ([�'4 t C•C Yy �'. y0.. C•�: t � 1 _ ' 4 N 1-S S R-2-SP R-3-SF a S 1 R-1 R-3-SP -1-S 0 M4Rf gRRq R- R S-SP R-1-SP R- R-1-SP - R-1-SP R-1-SP -1-5 R-2-SF R-2 G S SP O-SP R-2-SP OSP VICIrNU Y MAP FloSe N®m 96-06 N 3000 Calle d 1' _ Vachmett 6 p 71 t acne, c• 7 - : Dedioafed is the - •;.. . City of San Luis v�.:1Li3 %.:,r:iI._..•.:.. ^�s�ia_.-i.: 1R 2428 Obispo for Open Q 19 (King) Space -2122 23 33 - 39 1 ':118 25/ 128 3 43 13 if 11 120 1211 112 11 1 I1 f18 It.113 / 82 O1 _ 1x17. 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III . 111 Ir II III III I IIII 1j I III II III III ISI III II1 .I ' I �I 1111 111111 J y 1 I a,l j lIl'II; IIIsI Y 111111.'1 IIi III IQI j ISI I I'jlll I _________ ill III II -1!I I 9- it l�ic�.�I'� ii'�r 1-1111111 / �- ---."- ---- SSS --- /J P A r ) Attachment 6 V E N TJURS December 23, 2006 COMMUNITY DEVELOPMENT DEPARTMENT City of San Luis Obispo 919 Palm Street San Luis Obispo, California 93401-3249 Re: "DEVELOPER's STATEMENT" for VESTING TENTATIVE TRACT MAP#2428; MARGARITA ANNEXATION and SPECIFIC PLAN AREA, San Luis Obispo, California DEVELOPER'S STATEMENT Subdivision Objectives It is the owner's/subdivider's objective to create a multiple-product, Planned Development neighborhood in the Margarita area consisting of predominantly detached single family residential units on 165 lots on the subject site. Also proposed is a higher density, attached housing project consisting of 32 condominium units, 26 of which are proposed as described below for"affordable housing" and another 6 open market units. This results in a total density of 197 residences on 20.26 acres, and an overall averaged density of 9.7 units/acre. The density request presented is based on the October, 2004, adopted Margarita Area Specific Plan (MASP). An analysis of permitted density and proposed consistency is provided in the following table. Land Use Acres 7 du*/acre 9 du/ac 8 du/ac 16 du/ac VTTM 2428 Low Density 2.02 1 14.1 18.2 — — 14 du's Detached Med Density 1.79 - - 14.3 28.6 13 du's Med Density 15.05 -- -- 120.4 240.9 138 du's subtotals 18.86 low range= 149 du's high range= 288 du's 165 du's Affordable** 1.4 -- - 11.2 22.3 32*** Totals 20.26 low range= 160 4u's high rane.= 310 du's 197 du's Table Notes: • du=dwelling units •* Affordable site includes 26 affordable Housing Authority units and 6 open market Subdivider units(all attached condominiums) •'* Additional units applied through density bonus provisions of the Specific Plan Minimum density for the non-affordable sites is shown to be 149 units, in order to comply with Speck Plan land use regulations in effect as of October, 2004. Vesting Tentative Tract Map#2428 "Developer's Statement" King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805 544-4444 805 544-5637 FAX 1__760 12/232006 Attachment 6 Page 2 Subdivision Objectives (continued) At this time, processing of the subdivision only is proposed. Future applications for unit designs for the lots would be pursued independently. Schematic design plans have been submitted for the Planned Development Cluster, including the affordable housing development, as well as the unrestricted open market units of the project, in order to present a context for the PD site planning and architectural styles to be pursued for the project. These plans are illustrative only, and will be subject to ARC Final Design Review approval prior to construction. Proposed Improvements The subdivision would include development of supporting infrastructure including streets, curbs, gutters, sidewalks, access pathways, storm drainage systems above and below ground, wastewater collection and transmission lines, water distribution systems, and underground wire utility systems. In addition to on-site improvements for the tract, significant off-site public infrastructure anticipated for the project include participation in a regional storm drainage basin for the Western Enclave of the Margarita Specific Plan Area and the engineering and/or construction of the Prado Road extension to Broad Street. Open Space and Common Recreation Area Improvements Tract 2428 includes a central "PW or Planned Development neighborhood that is designed primarily for detached single family dwellings (85 lots; numbered Lots 86-170), but also includes a 32 unit condominium site (numbered Lots 171-177). The Vesting Tentative Tract Map provides for the subdivision of the 85 SF lots into separate parcels. The VTTM also divides the 32 units of condominiums into seven (7) distinct parcels, to allow some flexibility in financing and constructing the condominiums in phases over several years. Each of the seven condominium lots includes densities that range from 2 units to 14 units, for a total of 32 units in 7 parcels. Five of the seven parcels in the condominium area are the subject of the dedication to the SLO Housing Authority to comply with the affordable housing requirements of the city, as detailed below. For both the condos and the SF lots of the Central PD Neighborhood, the concept is to provide shared driveways (as common area and as easements) to access all units. It is also planned that perimeter lot fencing will be prohibited throughout the Central PD Neighborhood. This will allow the yard setbacks and portions of the SF lots that are not occupied by homes and private patios to be "consolidated" within bands of open space that will run between and throughout Yestmg Tentative Tract Map#2428 "Developer's Statement" 1--77 11=3=06 Page 3 Attachment 6 • units in this Neighborhood. In this manner, common access and unified landscape maintenance throughout these bands of open spaces can be managed by the PD HOA. Individual homes will be permitted to construct exterior patios within their lots that comply with the PD regulations described herein, but the fencing around those patios will be restricted to 42" in height, and will be of the same materials as the residence, or may be wrought iron, masonry or a picket fencing detail to be established under ARC Design Review and enforced through tract CC&R's. Opportunities For Use of Reclaimed Water Because of the availability of reclaimed water from the City, use within the common areas and open space of the Tract 2428 PD Neighborhood is encouraged. The following analysis describes the total area encompassed by the PD development, and those portions of the PD development in open landscaping areas available for use of reclaimed water. PD Neighborhood Project Features Area in Sq. Ft. Area in Acres Driveways 77,102 sf 1.77 acres Estimated Home Footprints 134,600 sf 3.09 acres Creek Parcels 52,272 sf 1.20 acres Open Landscape Areas 174,676 sf 4.01 acres Totals 438,650 sf 10.07 acres Assuming that a portion of the "open landscape areas" identified above are groundcovers and shrubs (say about 600sf/lat or 54,600 sf= 31.25% of the area), the remaining 120,076 sf will be open lawn and grass slopes. The irrigation demand estimates for these two types of landscaping can be further broken down into the following projected irrigation demands: • Lawns = 120,076 sf or 2.76 acres XVs 1.0 acre foot of water per acre = 2.76 AFY irrigation demand • Groundcover= 54,600 sf or 1.25 acres x7s 0.5 acre foot of water per acre = 0.63 AFY irrigation demand or say approximately 3.4 AFY of irrigation demand within the central core PD Neighborhood. Vesting Tentative Tract Map#2428 11D,W1O,W1S skvwta 11 7r 1-- s Oage4 Attachment 6 Page 4 Project Phasing and Multiple Final Maps At this time the owner's/subdivider's anticipate that the processing of the tract application will involve on-going discussions over the phasing of development, consistent with City growth management regulations. Future construction of infrastructure to serve the tract, as well as off-site infrastructure such as Prado Road that is desired by the City, will rely on decisions by the City Council regarding the pace of new residential construction in the Margarita area. At the time of submittal of this application the rate of growth assigned to the Margarita area was under review by the City. For these reasons, we do not presently have a final phasing plan, but we do anticipate the possible need to file multiple final maps for the approved subdivision, to meet phasing and growth management requirements. These decisions will be made in consultation with city staff so that the required infrastructure to support each phase of the subdivision is completed in a timely manner. Offers of Dedication Lot 178 is an open space parcel, including the upper elevations of the subject site up to the top of the South Street Hills ridgeline. This site has/will be dedicated to permanent open space vis-a-vis a conservation easement. At a future date, following final mapping of the tract, a parcel will be created to facilitate a fee title transfer of this site to the City for open space, conservation and limited public access purposes. See attached letter to Mayor Romero dated 19 January 2006. CC&R's For The Subdivision We do not anticipate unusual or a-typical requirements. We will include CC&R's for the final subdivision, including any specific requirements the City may require with the project, such as maintenance of fire greenbreaks, storm drainage facilities and common area landscaping. Three (3) Homeowners' Associations (HOA) are contemplated on Tract 2428. A 85-unit HOA is planned to address Lots 86-170 (as to HOA-maintained landscaping) and a 2nd HOA for Lots 171 thru 177 (a total of 32 units on these 7 parcels for the Affordable and Condominium units) within the PD central area of the site. For the first 85 lots of the tract, the HOA would be solely responsible for maintaining the landscaping outside individual homes around Lots 86-170. A second Condominium HOA will also be responsible for the traditional common area interest features of the 32-unit condominium buildings, including building shells, grounds and driveway/parking areas. The Condo HOA will be covering the 26 affordable Housing Authority sites described below, and the 6 open market condo units. Vesting Tentative Tract Map#2428 "Developer's Statement" 12123r2OO6 Page 5 Attachment 6 Participation in a 3rd HOA by all lots in Tract 2428 is planned that is actually the Master HOA conceived for the overall Margarita Specific Plan area. The initial tract developed within Margarita will establish a HOA to manage the common affairs (to our knowledge this is only storm drainage within Tract 2428) of the collective tracts throughout the Specific Plan Area. The first tract will establish the HOA, and subsequent tracts are anticipated to merge or annex into the Master HOA. This concept is consistent with City requirements for earlier approved Tracts 2342 and 2353. Affordable Housing Compliance Our proposed project includes 165 single family lots and six attached units. By our calculations, 171 open market lots x's 15% = 25.65 or 26 affordable housing units. During the processing of Tracts 2342 and 2353, a program was accepted that allowed improved land to be dedicated to the SLO Housing Authority for the purposes of meeting this requirement. Tract 2428 proposes to dedicate the 26 units of land, fully improved, to the SLOHA and allow them to construct these units for renters and/or buyers. The subdivider will assist the SLOHA in processing plans for ARC approval that reflect the design standards of the Margarita Specific Plan and the developer's design criteria. Construction of these units will be governed by the availability of funding and priorities set by the SLOHA. Locations of Trees on the Subdivision There are no trees within the developable portions of the subject site. Potentially Dangerous Areas We are not aware of any potentially dangerous areas within the developable portions of the proposed subdivision. Street Names At this time, preferred street names have not been identified. We will do so prior to processing of the final tract map(s). Utility Department Issues It is the developers intention to establish screening for trash enclosures, utility boxes and services, backflow devices and other utility installations consistent Vesting Tentative Tract Map#2428 "Developer's Statement 12/23/2006 Page 6 Attachment 6 with the architectural design of the subdivision. Details for these plans will be processed with ARC Final Design plans. Meandering Sidewalks Meandering sidewalks are proposed to provide interest and variety to the street scene within Tract 2428. We have complied with concerns over minimum 2' wide parkways for landscaping. Sheet 11 of the VTTMap application package describes these plans. Exceptions To City Development Regulations No exceptions to city development standards as defined in the Margarita Area Speck Plan are anticipated or proposed at this time for Lots 1-80 (all detached single family lots). Interior (PD overlay proposed) Lots 85-170 and the 32 unit attached/affordable units are presented to be included within a Planned Development Overlay Zoning District. This PD zoning would facilitate the following exceptions to the City's Zoning Ordinance and Margarita Specific Plan development standards: 1. Public Street Yard Setbacks: Minimum 10' to the residence. Minimum 20' to a garage that has direct access to the public street. 2. Rear Yard Setbacks for Lots Adjoining Existing Chumash and Margarita Neighborhoods: Minimum 20 . 3. Interior Private PD Street Yard Setbacks: Minimum 5' to the residence. Minimum 20' measured from the garage to the centerline of the private street for Lots 117 thru 137. For all other lots, minimum 15' measured from garages to the centerline of the private street. 4. PD Side and Rear Yard Setbacks: Minimum 5 . 5. Minimum PD Lot Size: 3,600 square feet. 6. Lot Coverage: Maximum 75% of Lot Area for all structures excluding garages and carports, patios, decks and roof overhangs. 7. Upper Floor Building Setbacks: No additional upper floor setbacks will be required from property lines in the PD neighborhood. 8. Maximum Exterior Private Patio Area: One or more patios per residence shall not total more than 500 square feet. 9. Patio Fence Heights: Maximum 42". All other MASP zoning and development standards would remain in full force and effect unless specifically noted above. &VUUnr**n904C16V5b" Vesting Tentative Tract Map k1418 "Developer's Statement/ A ) Attachment 6 i V E N T U R E S December 23, 2006 COMMUNITY DEVELOPMENT DEPARTMENT City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Re: Updated Proposed Findings for PD Overlay Zoning and Creek Setback Encroachments for VESTING TENTATIVE TRACT MAP#2428; MARGARITA ANNEXATION and SPECIFIC PLAN AREA, San Luis Obispo, California Planned Development (PD) Overlay Zoning District Required Features and Findings Mandatory PD Project Features Under City Zoning Regulations 17.62.045.A.3 ... "The project will preserve, enhance and/or create a significant natural feature with a minimum area of one-half acre". It is the owner's/subdivider's objective to create a single family residential subdivision surrounded by existing community on two sides, and a permanent open space buffer (South Street Hills) on the tract's large northern boundary. The 90+ acres of open space, compared to about 27 acres of developed lots and streets, is almost 4 x's the area of the project. This area will be preserved as permanent open space, and will be enhanced through the careful maintenance of wildland fire greeenbreaks, controlled public access and connection of these accessways to established city street and pathway systems, improving accessibility to the South Street Hills Open Space. 17.62.045.A.4 ... "The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city.' The subdivision will include development of accessways, public streets, public parking, habitat enhancement and open space/wildland fuel management as a part of the construction and on-going operations of the residential project. These benefits will include preservation of natural creek and storm water runoff channels presently on the site in their natural forms, and the introduction of Vesting.Tentative Tract Map#2428 "PD Overlay District and Creek Encroachment Findings King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805 544-4444 805 544-5637 FAX ! �� �1 O12t=006 Page 2 A taChment 6 M access paths and trails to allow public access to these areas, while also serving the important benefit of allowing access and management of these waterways by the Homeowners' Association for the tract. Required PD Findings For Approval 17.62.045.B.1 ... "The proposed project is consistent with the General Plan and any applicable specific plan, and the proposed land use is allowed within the applicable primary zoning district." The Margarita Area Specific Plan was adopted by the City in October, 2004. The MASP includes land uses and development standards consistent with the desires of the City of San Luis Obispo, as articulated in the General Plan. As the definitive guide to development in the Margarita area, the MASP calls for exclusively residential land uses on the subject Tract 2428 property. The underlying land uses for the site provide for low and medium density residential development. The proposed tract includes 197 residential units to be consistent with the land use standards of the Speck Plan. 17.62.045.B.2 ... "The project complies with all applicable provisions of[the CiVs] Zoning Regulations other than those modified by the PD rezoning." The portions of the PD project covered by this Overlay Zone (PD Lots 86-177 for a total of 85 detached units and 32 condominiums, or 117 units) will meet all Margarita Area Specific Plan development regulations for the applicable low and medium density districts, with the exception of the following modified standards: 1. Public Street Yard Setbacks: Minimum 10'to the residence. Minimum 20'to a garage that has direct access to the public street. 2. Rear Yard Setbacks for Lots Adjoining Existing Chumash and Margarita Neighborhoods: Minimum 20'. 3. Interior Private PD Street Yard Setbacks: Minimum 5'to the residence. Minimum 20' measured from the garage to the centerline of the private street for Lots 117 thru 137. For all other lots, minimum 15' measured from garages to the centerline of the private street 4. PD Side and Rear Yard Setbacks: Minimum 5'. 5. Minimum PD Lot Size: 3,600 square feet. 6. Lot Coverage: Maximum 75%of Lot Area for all structures excluding garages and carports, patios, decks and roof overhangs. 7. Upper Floor Building Setbacks: No additional upper floor setbacks will be required from property lines in the PD neighborhood. 8. Maximum Exterior Private Patio Area: One or more patios per residence shall not total more than 500 square feet. 9. Patio Fence Heights: Maximum 42". Vesting Tentative Tract Map#2428 "PD Overlay District and Creek Encroachment Findings/ f ....... .... 12/2312006 Page 3 Attachment ti 17.62.045.B.3 ... 'The approved modifications to the development standards of[the City's]Zoning Regulations are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts." Among other goals of the MASP, one important feature is the location and placement of new residential uses in Tract 2428 adjoining established residential developments at the Chumash Village and Margarita neighborhoods. To ensure larger lots and less density adjoining these established neighborhoods, it is necessary to concentrate more units in less area away from these established neighborhoods in order to maintain the higher overall levels of density required by the MASP. To do this, while respecting steeper slopes, creek preservation and limited grading and landform modifications, the subdivider of Tract 2428 has concentrated higher densities in the form of detached and attached units within the central portions of the property in the PD neighborhood proposed. Another natural constraint of the property that has been retained in its natural state and designed around are the three (3) creek/storm water channels that run through the site. The MASP allows these channels to be relocated, but these channels have been retained in their natural state to maximize their open space and habitat values. The irregular size and direction of these channels presents uneven and awkward angles to design to, and would result in wasted acreage if not for additional design flexibility available under the PD zoning. Shared private driveways are used to lessen the amount of land otherwise dedicated to public streets, and a series of clustered smaller lots are used to maintain higher levels of density. These smaller lots are tied together by common open space areas, creek corridors, trail networks and neighborhood green spaces for use of residents. 17.62.045.B.4 ... "The project complies with all applicable City Design Guidelines. The proposed PD District includes detached and attached single family construction that follows the MASP Design Guidelines, including use of shared driveways, craftsman architecture utilizing wood and stucco exteriors, one and two story buildings, front and back porches, side and rear-loaded garages facing away from public streets, and common landscaping designs. The developments within Tract 2428 will be subject to Architectural Review Commission applications, wherein the MASP Design Guidelines will be used as a basis for project reviews. 17.62.045.B.5... "All affected public facilities, services, and utilities are adequate to serve the proposed project. Vesting Tentanve Tract Map 42428 "PD Overlay District and Creek Encroachment Findings" 1_0011r 12f=2006 - Page4 Attachment 6 During previous City processing of adjoining Tracts 2342 and 2353, public facilities services and utilities were examined for these tracts and Tract 2428. At that time these features were found to be adequate to service the proposed tracts. The CEQA determination for Tract 2428 further delineates these findings for this proposed tract. 17.62.045.B.6 ... "The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan." The proposed lots and development projects described for Tract 2428 have been designed to be respectful of adjoining, established neighborhoods by placing fewer and larger lots next to these neighborhoods. Additional setbacks along adjoining property lines are provided at 20', and grades have been modified along the Tract 2428 parcels so that the new buildings do not "tower" over the established neighbors. The deepening of lots adjoining the Chumash and Margarita neighborhoods to accommodate these larger setbacks pushes the balance of the project further into the center of the applicant's property. Because the existing neighborhoods are exclusively single family structures, over 83% of Tract 2428 has been proposed to reflect this design choice for compatibility. 17.62.045.8.7... "The site is adequate for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use." Tract 2428 is located at the northerly-most portions of the Margarita Area Specific Plan. The site is also located nearest the large open space areas of the South Street Hills. This location includes residences that will be built on slopes up to 30%. Due to slope constraints and the need to produce residences that are compatible with surrounding areas, the project has been designed predominantly as a single family detached-style project. Access streets at Calle Malva and future connections to Margarita and Prado Roads are planned for the western enclave of the MASP. The circulation system is entirely consistent with the MASP Circulation Chapter, and the EIR completed for the MASP defined these circulation connections as adequate to serve the subject tract. 17.62.045.8.8 ... "The establishment, maintenance, or operation of the proposed project will not, in the circumstances of[Tract 2428], be detrimental to the health, safety, or general welfare of persons residing or wonting in the vicinity of the proposed Vesting Tentative Tract Map#2428 "PD Overlay District and Creek Encroadment Findings" Q� !_(J�� ----- - 12/23r2006 ---- Page 5 Attachment 6 use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City." The project, once completed, will be a logical and appropriate expansion of the residential neighborhoods of the community, and is entirely consistent with the City's General Plan and MASP. Creek Setback Encroachments Required Findings The Margarita Area Specific Plan (MASP) provides guidance in Chapters 1 and 5 concerning the establishment of small creek corridors running through Tract 2428. These 3 corridors provide channels for storm water runoff from the subject tract, and more particularly the South Street Hills above the proposed subdivision. The MASP calls for these corridors to be about 15 meters (50 feet) in width, generally centered on the natural flow line of the channel. The Tract 2428 plans provide for this, and also identify the horizontal width of the channel by designating the 'lop of bank" locations on the tract maps. Predominantly, the width of the channel in which water flows is about 10' to 20' wide. This leaves widths ranging from 10'to as much as 20' outside the channel and to the edge of the corridor buffer. Tract 2428 generally calls for a 12'wide combined pedestrian and bike path along these creek channels, consistent with the MASP details on Figure 13 and Chapter 5.2. These paths could be as narrow as 8' subject to Natural Resources Manager approvals. These pathways are on at least one side and in some cases on both sides of the 3 creeks designated on the Tract 2428 site. Bridge crossings are also planned to tie the trails into the surrounding residential neighborhoods. "Neighborhood Greens" (small areas for picnic benches and/or park benches) and also planned in areas along these trails. Because of the PD-style design, and based on the absence of perimeter lot fencing, it will be possible to augment the "perceived"width of these creek paths through integrating the landscaping of common or shared areas within private lots adjoining these corridors. Placement of the combined trails within the 15 meter corridors, and providing flexibility to allow paths as narrow as 8' given site and creek-specific considerations, require special findings. Vesting Tentative Tract Map 02428 "PD Overlay District and Creek Encroachment Findings" I—Alo 12123/2006 Page 6 Attachment 6 Mandatory Findings To Permit Exceptions for Trails Located Within Creek Corridor Features of the Margarita Area Specific Plan Under City Zoning Regulations 17.16.020.G.4.d... Discretionary Exceptions i. The location and design of the trails and creek crossings will be constructed to promote pedestrian and bicycle access to the creek environs, provide for passive use and enjoyment of the corridor as a tract amenity, and establish accessways to provide for management and monitoring of the natural and enhanced habitat in the area of the corridors. These trails an crossings will also facilitate movement of localized habitat of the site and general area. ii. The trails and crossings will be constructed outside of the established floodway and top of banks and will not impede flood waters or planned storm water management improvements and maintenance required for the tract. iii. No adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings. iv. Because the channels (3 in all) separate areas of the site from one another, the interconnections and creek crossings provide access between all units of the PD neighborhood, as well as options to connect into the perimeter pedestrian and bike systems planned for Tract 2428 and the overall Margarita Area Specific Plan. Because the channels run at odd angles and traverse the site diagonally, this produces remnant areas that are inefficient and would reduce overall densities if the efficiency of the encroachments were not permitted. Rather than relocate the channels as permitted by the Specific Plan, the subdivider has elected to maintain the corridors in their present configuration, preserving the established habitat values and runoff patterns while seeking modest exceptions to regain efficiencies in land planning and overall project design. V. The exceptions will not be a grant of special privilege because the subdivider will augment the proposed trail networks with additional private lands that will increase the "perceived" width of the overall natural corridors. vi. The exceptions will not impact the collection and flow of flood waters, nor will they impede the planned improvements to the tract storm drainage system. Therefore the exceptions will not result in damage to surrounding properties or be detrimental to the general public health and welfare. vii. Redesign of the project to accommodate trails outside the corridors is possible, but at the expense of density and ultimately would compromise the "affordability by design" objectives of the MASP. dewing Ten=we Tract Map#2428 "PD Over*Dis&xI and Creek Encroachment Fuifts" 1--97 12/=006 Page 7 Aftachrnent 6 I. viii. The minimum density threshold of the MASP for the subject site calls for no less than 149 units (not including affordable housing requirements). A potential redesign could affect at least 37 lots/units, and potentially more as the changes domino through the tract. This would potentially impact a finding of consistency with density required for the project, compromising the ability to develop the property as planned. MAR8rvW*hV02PdWirW Vesting Tentative Tract Map#2428 "PD Overlay Diso7a and Creek Encroachment Findings" /'0 0 a Attachment 6 V E N T U R E S May 15, 2007 COMMUNITY DEVELOPMENT DEPARTMENT City of;San Luis Obispo 919 Palm Street San Luis Obispo, California 93401-3249 Re: Clarifications Concerning Guest Parking and Open Space VESTING TENTATIVE TRACT MAP#2428; VMGARITA ANNEXATION and SPECIFIC PLAN AREA, San Luis Obispo, California PD and Overall Open Space Open Space— Common Areas and Private Patio Improvements 'Tract 2428 includes a central"PD" or Planned Development neighborhood that is designed primarily for detached single family dwellings (85 lots; numbered Lots 86-170), but also includes a 32 unit condominium site (numbered Lots .:171-177). The Vesting Tentative Tract Map divides the 32 units of condominiums into seven (7) distinct parcels, to allow some flexibility in financing and :.constructing the condominiums in phases over several years. :For both the condos and the SF lots of the Central PD Neighborhood, the concept is to provide shared driveways (as common area and as easements) to ,Access all units. It is also planned that perimeter lot fencing wilt be prohibited ,throughout the Central PD Neighborhood. This will allow the yard setbacks and ;portions of the SF lots that are not occupied by homes and private patios to be "consolidated"within bands of open space that will run between and throughout ..units in this Neighborhood, accessible to all as common open space. ;;Individual homes will be permitted to construct exterior private patios within their `lots, but the fencing around those patios will be restricted to 42" in height. Minimum private patio areas will be 250 sf per city regulations, and a maximum 'of 500 sf of private patio will be permitted per PD residence_ .:The following analysis describes the total area encompassed by the 117 unit PD `:development, and those portions of the PD development in common landscaping V949WT"AM W Aad Map#2428 "Open Space and Gazer Pariti�g G7as+" King Ventures 285 Bridge Street San Luis Obispo, CA 93401 805 544-4444 805.544-5637 FAX 1 � ' ter*'•-._aC6",Y.f T.�^^.-.,-..;.�.,..- ' Margaritas''pact 2428(fling) f J - 611sr2w Attachment 6 Page 2 ereas. Maximum private patio areas are deducted from the total PD•site, and the 71 acre hill top open space dedication is factored back in to reflect total open space within proposed Tract 2428. 'i Tract 2428 PD Neighborhood Area in .Area in Percent and Overall Pm'ect Featm'es Sq.Ft. Acnes i Driveways 77,102 sf 1.77 acres 17.6% Esfim; ed Rome Footpirints 134,600 sf 3.09 acres 30.7% Creek Parcels 52,272 sf 1.20 acres 11.9% ,ni.t,=Common Open Space 16176 sf 2-67 acres 26.50/a j Max Private Open S (Patios) 58,500 sf 134 acres 133% ji 438,650 sf 10.07 acres 1000/6 3:1018U.iW.hpi� r .::..:: -lager Wrtt �omu�arr:: . Meek Pce1s'Ohitside. 3"D.�ea">: ;:7.�'- °s�:; ''tf3=•aaies`.. ;yD'3%o_�. Total Common Open Space 74.3 acres 80'/6 :.,..: s'4'U=[5 Guest Parking Guest Parking —Areas Within PD Neighborhood Tract 2428 includes a central "PD" or Planned Development neighborhood that `includes a total of 117 units (85 single family+32 condominiums). 3t of the tots are accessed from proposed "N Street' along the upper portion of the PD Veighborhood (Lots 112-142). These lots involve shaied driveways aiid off-Weet :guest parking described on Sheets 2, 7 and S of the VTTMap submittal.A total 0 24 guest parking areas are described for these 31 lots; a ratio of'I'guest ;space for every 1.3 units. :The remaining areas of the PD Neighborhood (some 54 sfngie family kits and . fie 32 condos)are generally divided into 3 distinct areas separated by the creek cFiannels designated by Lots 82 and 83. :Lots 88-111 in the western 1/3rd of the PD Neighborhood include 13 guest ;bfP-street parking spaces.These 26 lots have a ratio of 1 guest space for every 2 units. resftTewalf wbaa Map#2428 ,i "Opert,�ar a?d Gr�rPaiHr�.Clra>rs" Mwgm to Traci 242E(Kang) 5115) W Papa : Attachment 6 .Lots 159-170 in the central 113rd of the PD Neighborhood accessed from �iroposed"S Street" include 7 guest off-street parking spaces. These 12 lots have a ratio of 1 guest space for every 1.7 units. .,Lots 143-158 in the eastern 1/3rd of the PD Neighborhood include,11 guest off-street parking spaces. These 16 lots have a ratio of 1 guest space for every 1.5 units. Not including the condominium area (Lots 171-177), which will provide its own guest parking when final pians are developed for ARC review, off-street guest parking for the 85 lot PD Neighborhood totals 55 spaces; or a ratio of about'l' guest space for every 1.5 residential units. 13eyond these off-street numbers, significant on-street parking Will be available to ;the PD Neighborhood as we have endeavored to minimize perimeter curb.cuts, Which maximizes street-side parking for guests. Estimates include about 1,960 ;lineal fleet around the PD Neighborhood,which divided by 25 Pineal feet per car space,.yield another 78 on-street parking spaces. I orating rumoOm 1hWAA7#2428 -OR=-110=WdGWO A V C W O= Q .i Attachnncant a a Pi � d � C10 CV COLLJ wL.1. -{ it, ✓ ::,I,. _ �\ N an cn a w O d � _ a . .a o �•l O - n q CL Q7 a _ tt Q r , Oaa� < 7 O 4 cr— 41 i � �i�lhl�lnlll�hl IIII������������IillIIIIIII ��� i .Attachment 6 City Of SAn ktis OBISpo aw Community Development Department• 919 Palm Street, San Luis Obispo, CA 93401-3218 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER#98-06 1. Project Title: Planned Development Rezoning and Revised Vesting Tentative Map#2428(King) 2. Lead Agency Name and Address: City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401-3249 3. Contact Person and Phone Number: Pam Ricci, Senior Planner Mary Beatie, Senior Planner(Contract Planner) City of San Luis Obispo TPG Consulting, Inc. 805-781-7168 222 N. Garden Street, Suite#100 Visalia, CA 93291 559-739-8072 4. Project Location: 3000 Calle Malva, San Luis Obispo, consisting of approximately 99 acres. (Please refer to Attachment 1 "Western Enclave Projects Vicinity Map".) 5. Project Sponsor's Name and Address: Owner: John E. and Carole E. King 290 Pismo Street San Luis Obispo, CA 93401 Applicant: John D. & Carole E. King 6. General Plan Designation: The Land Use Element of the City General Plan designates the site for.- Low or.Low Density Residential CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 1'�Vin,, ER 98-06(VTTM#2428-King) C-D+CUMENTS AND SETTINGS\SLOUSER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK20\FINAL INITIAL STUDY TG CITY 5-1-07.DOC The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 4 Telecommunications Device for the Deaf(805)781-7410. /—z;; ttac-,mant Medium Density Residential Open Space-Riparian Open Space-Hills The Margarita Area Specific Plan (MASP), which supersedes the Land Use Element. designates the site for the following land uses: Low Density Residential Medium Density Residential Medium Density Residential SF(detached) Open Space—Riparian Open Space—Hills 7. Zoning: The site contains several zoning districts to implement the MASP land use designations, as follows: Applies to Land Use Designation Zoning VTM Lot#s Low Density Residential R-1-SP(Low-Density Residential-Specific Plan Overlay) 1-5, 72-80 Medium Density Residential R-2-SP(Medium Density Residential-Specific Plan Overlay) 6-55, 58-71, and MDR—SF Detached 86-177 Medium High Density Resi- R-3-SP(Medium High Density Res.-Specific Plan Overlay) 56&57 dential Open Space-Riparian CIOS-Sp(Conservation/Open Space-Specific Plan Overlay) 81-85 Open Space- Hills CYOS-40-SP(Conservation/Open Space-40-acre min.) 178 8. Description of the Project: The proposed project consists of requests for two entitlements: AJ A Change of Zone from "R-2-SP" and "C/OS-SP" to "R-2-SP-PD" (adding Planned Development Overlay)and "C/OS-SP-PD" (adding Planned Development Overlay) over the roughly 11-acre central portion of the property. B.) Revised Vesting Tentative Map #2428 to create a 178-lot subdivision on a roughly 99-acre property. The objective of these two entitlement requests is to enable achievement of a higher density of development as envisioned by and consistent with the MASP than what would have been achieved by the prior VTM #2428 submittal. (For further information regarding the prior submittal, please reference file no. TR-ER #65-06 at the City of San Luis Obispo Community Development Department.) The proposed Revised VTM #2428, also proposes to maintain coordination with two adjacent CITY OF SAN Luis OBispo 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SE'17V4GS\sLousERkLocAL SETnNGs\TEMPORARY INTERNET FILESOLK20TINAL INITIAL STUDY TO QTY 5-1-07.Doc. ,k g Attachment u vesting tentative maps, already approved, as described below, in order to�etter ac"piieve? " objective and requirements of the MASP: • VTM #2342 (Cowan/French) proposing 67 lots on approximately 15 acres; located immediately south of the existing El Camino Estates residential subdivision along Margarita Avenue and*east of the Rancho San Luis Mobile Home Park, generally northeast of the current easterly terminus of the City maintained portion of Prado Road, east of South Higuera Street. • VTM #2353 (Sierra Gardens/DeBlauw) proposing 133 lots on approximately 30 acres; located immediately east of VTM #2342, adjacent to and east of the single-family development along Margarita Avenue, and south of proposed VTM #2428 (King), subject map- Collectively these three tract map proposals are referred to as the "Western Enclave" (of the MASP.) The proposed revised vesting tentative map VTM#2428 shows a total of 178 lots designated for uses in accordance with the overlaying land use designations of the MASP, and assuming the approval of the requested Planned Development overlay zone, as follows: • 165 lots for single family residential development(Lots 1-80, 86-170) • 7 lots designated for condominium development (Lots 171-177); within which 26 required Affordable Housing Program units will be provided on 5 of these lots (this represents the previously agreed pro-rata share of the overall Affordable Housing component for the Western Enclave; the balance of the required units will be provided within VTM #2353 (Sierra Gardens/DeBlauw) and 6 "market rate" condominium units on the remaining 2 lots (Lots 176 & 177);for a total of 32 Condominium units. • 5 lots for "Open Space-Riparian"for permanent biological protection and drainage purposes under common ownership by a Home Owners Association (Lots 81-85), and • 1 lot for "Open Space-Hills" to be dedicated to the City for permanent public access(Lot 178.) Approval of a vesting tentative map confers a "vested right"to develop in substantial compliance with the ordinances, policies and standards in effect when the application was determined complete on April 2, 2007, per Chapter 16.34 (Vesting Tentative Maps) of the City's Municipal Code and Sections 66474.2 and 66498.1 of the California Government Code (Subdivision Map Act). In order to obtain public road access, and as required by the MASP, Prado Road needs to be extended from its current easterly terminus (as a public roadway) from approximately the southeast corner of Rancho San Luis Mobile Home Park, east to Broad Street. A priority goal of the MASP is to establish the east-west connection of Prado Road between Broad Street and South Higuera Street at the earliest possible stage of development. Because the three proposed tract maps represent the first phase of proposed development in the MASP area, they are required to design and construct Prado Road to a minimum cross-section as agreed upon by the CRY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C.\D000MENTS AND SETTLNGASLOUSERV--CAL SETTLNGS\TEMPORARY INTERNET RLES\01-K20TINAL INITIAL STUDY TO CITY 5-1-07.DOC 9s Attarvler ntp it id City Public Works Director, to provide the desired connection. According to the MASP, one option to finance the connection is that the City will credit (or pro-rate) the design and construction costs of the agreed-upon minimum cross section against all Margarita Area impact fees to be collected with each respective development until the amount of fees equals the amount of construction costs. If the costs of the roadway exceed fee amounts, another financing mechanism, such as a facilities financing district, may be necessary to complete the project. Revised VTM#2428 map proposes primary access to the site from South Higuera Street through the existing El Camino Estates subdivision adjacent to the south via the planned extension of Calle Malva from Margarita Avenue. Alternate access is proposed to Prado Road through planned street connections within the two proposed adjacent developments of the Western Enclave (VTM#2342-Cowan and#2353-DeBlauw). The location of these accesses to the site as well as other proposed streets to complete circulation internal to the subject subdivision, are all located in accordance with the Circulation Plan of the adopted MASP. Also proposed are 12' Class 1 shared pedestrian bicycle paths within Open Space Lots 82 and 83 with roadway crossings at `N' Street for connection to the Open Space Lot 178 and its established trail system along the South Hills. These bikeways may be narrowed in specified locations based upon recommendations by the City Natural Resource Manager in order to accommodate protection of or avoidance of interference with special concern species, in accordance with the stipulations of Biological Mitigation Program for compliance with MASPIAASP EIR mitigation. Five open space lots are also proposed for the multiple purposes of biological and drainage mitigation. These lots are sized so as to accommodate the natural drainage swale and appurtenant set-backs for buffer protection. As specified in the MASP, the Affordable Housing objectives of the plan are to be achieved by two separate parcels within the Western Enclave in order to provide a total of 47 units; Lots 171-175 of the subject map are proposed to provide 26 of these required 47 units. These lots are proposed for dedication to the San Luis Obispo County Housing Authority or equivalent entity once the units are built. Approved VTM#2353 (DeBlauw) will accommodate the balance of the required units in similar fashion, on a lot or lots to be dedicated to the Housing Authority or equivalent once the units are built. 9. Surrounding Land Uses and Settings: The project site, 3000 Calle Malva, is located generally in the southern pan of San Luis Obispo. The site is situated north of the northerly termini of Calle Malva and Calle Jazmin extending from El Camino Estates, the existing single family development along Margarita Avenue off South Higuera Street. The subject site also lies adjacent to and immediately east of the Chumash Village Mobile Home Park which also fronts on South Higuera Street. A variety of low intensity commercial uses front South Higuera Street and along the south side of Prado Road west of the Western Enclave frontage. The currently vacant site lies generally along the lower, shallower slopes of the South Street Hills within an area designated in the MASPIAASP EIR as primarily CRY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:\D000MENTS AND SMINGASLOUSER\LOCAL SE TlNGS\TEMPORARY INTERNET FU_ES\OLK20\FtNAL INITIAL STUDY TO CITY 5-1-O7.DOC Attachment 6 "Serpentine Bunchgrass Grassland" (in the upper slopes) with some smaller areas of "Annual Grassland" and "Perennial Grassland with patches of Valley Needlegrass Grassland" plant communities in the lower areas of the site. The site transmits area runoff through three channels or swales fairly well-enough defined as to be designated by the MASP as "Open Space- Riparian" and proposed for preservation in their natural state within the subdivision. These drainages also contain habitat for several special plant and animal species and will be preserved in "open space" lots so as to contribute to a "regional drainage plan" and "biological mitigation program" devised for this and two other Western Enclave developments proposed in coordination with the subject project. Lands to the east and south also lie within the MASP and are currently used agriculturally or are undeveloped. 10. Project Entitlements Requested: -Approval of Requested Change of Zone from "R-2-SP" & "C-OS-SP" to "R-2-SP-PD" & "C- OS-SP-PD" (on roughly 11 acres) -Approval of Revised Vesting Tentative Map VTM#2428 11. Other public agencies whose approval is required: Air Pollution Control District(Permit to Construct, Permit to Operate) Water Quality Control Board(NPDES permit-including Phase II&SWPPP) California Department of Fish and Game U.S. Army Corps of Engineer CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTSANDSETTLNGS\SLOUSER\L.OCALSiT,mNGSUEmpORARYINTEKNETFILES\OLK2O\FWALLNITIALSTUDY TOCITY S-I-O7.DOC /—e9I7 I: Attachment d 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 Geolo /Soils Public Services Agricultural Resources X Hazards&Hazardous Recreation Materials Air Quality Hydrology/Water Quality X Transportation&Traffic X Biological Resources Land Use and Planning Utilities and Service Systems Cultural Resources Noise Mandatory Findings of Significance Energy and Mineral Population and Housing Resources 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. STATE CLEARINGHOUSE State Clearinghouse Review not required based upon the statement below: Pursuant to provisions of CEQA Guidelines 15073.5, this environmental document does not need to be submitted to the State Clearinghouse for review. A prior Mitigated Negative Declaration for the original VTM was circulated to the SCH for review by one or more State agencies on or about December, 2006. The views of those agencies as indicated in response letters received were then and still are incorporated into this Mitigated Negative Declaration. The revisions to the project herein do not result in any modifications that substantially alter any environmental circumstances affecting those views. Given these circumstances the SCH has opined that recirculation of this Mitigated Negative Declaration through the SCH is not necessary. CITU OF SAN LUIS OBIspo 6 INITIAL STuoY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:\D000MENTS AND SETT1NGS\SL0USER\L.0CAL SETTINGS\TEMPORARY INTERNET FM\OLK20\FIN.AL INITIAL STUDY TO CITY 5-1-07.Doc /^ r---------^ 111 Atta.,t;mant u DETERMINATION: Tt On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, 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 prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL RvIPACT 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. Signat&e Date Doug Davidson,AICP,Deputy Director,Development Review For:John Mandeville, Printed Name Community Development Director CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CAD000MENTS AND SETTINGS\SLOUSER\LACAL SETTINGsUEMPORARY INTERNET FILFs\OLK20TINAL INITIAL STUDY To CITY 5-1-07.DOC I ��G'�t"a6PT�....M• iiAtia��.r„ ^ i 3 EVALUATION OF ENVIRONMENTAL IMPACTS: ; y'- = .. 3..� 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 listed below),"Earlier Analysis,"may be cross-referenced. 5. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequatelyanalyzed in an earlier EIR or Negative Declaration (Section 15063 (c)(3) (D) of the California Code of Regulations.) Earlier analyses are discussed in Section 18 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. In this case,a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) 000CUMENTS AND.SETriNGS\SLOUSER\LOCAL SETTINGs\TEMPORARY INTERNET Fn.ES\OLK20\FINAL INITIAL STUDY TO CITY 5-1-07.DOC 1-146 Atta r+�w,.. y 3 U I Issues, Discussion and Supporting ..,formation Sources Sources Potenn__j Potentially Less Than No Significant Significant Significant Impac6 ER#98 06 Issues Unless Impact Mitigation Incorporated 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? 1,2, X 3, 8,9 b) Substantially damage scenic resources,including,but not limited 1,2, X to,trees,rock outcroppings,open space,and historic buildings 3,8,9 within a local or state scenic highway? c) Substantially degrade the existing visual character or quality of 1,2, X the site and its surroundings? 3, 8,9 d) Create a new source of substantial light or glare which would 1,2, X adversely effect day or nighttime views in the area? 3,8,9 Evaluation a) The primary scenic value from within and around the Western Enclave area is the view to the north and northeast of the South Hills. The prior MASP/AASP EIR determined that the implementation of the Specific Plan would result inevitably in a change of character of the plan areas from a generally semi-rural to an urban developed setting. Urban development will cause irreversible changes in the visual character from that of undeveloped and low density semi-rural area to a more intensely developed, suburban area. The project site is situated alongside a portion of the south face of the South Hills, the upper elevations of which,together with the natural drainage ways out of the hills,are designated for"Open Space"by the MASP in order to protect these more significant visual (and associated biological) resources. The revised project complies with aesthetic-related stipulations of the MASP affecting scenic resources by designating 71±acres of the upper elevations of the tract map site (proposed Lot 178) as a single open space lot to be dedicated to the City for permanent preservation in open space. The subject project further designates 5 other lots (Lots 81-85) alongside the drainage ways as open space lots for protection in their natural state for drainage, biological and aesthetic/passive recreation purposes and will be owned and maintained by a Home Owners Association also as stipulated by the MASP. Adopted zoning requirements will further ensure compliance with existing design standards set by the City to protect the visual resource that is the South Hills. Thus, the impact is less than significant as a result of the proposed project design. b)See discussion in a)above. There are no historic buildings within a local or state scenic highway in the project vicinity that will be impacted by the proposed development. Thus, this impact is less than significant as result of the proposed project design. c) The existing visual character and quality of the site will change from semi-rural to urban developed as a result of urbanization of the area pursuant to and consistent with the objectives of the MASP. The revised VTM project is required to be consistent with the lay-out and distribution of land uses and design standards stated in the MASP to ensure that the appearance of the development is acceptable and that no new buildings block scenic views of the upper South Hills. The project as now currently proposed, together with conditions of approval, is consistent with the MASP and in this regard is self-mitigating. Through Conditions of Approval the project will be further required to comply with City codes and standards some of which impact aesthetics. Ultimately the design of proposed housing will require the review and approval of the Architectural Review Commission (ARC) to ensure consistency with the City's Community Design Guidelines as well as the MASP. Thus,the proiect impact is less than significant. d) The prior MASP/AASP EIR acknowledges that future development pursuant to the MASP will introduce new sources of light, glare and nighttime illumination, as is typical with residential and commercial development. However, the MASP/AASP EIR determined that such light and glare impacts (LU-7) can be mitigated to less than significant at the site specific project stage through compliance with lighting design standards set forth in the MASP and with other adopted standards as may be applicable by other City regulations. The new light source subject to mitigation will not adversely affect day or nighttime views in the urbanized area. Therefore impacts from new sources of light or glare will be less than significant with mitigation LU-7.1 as specified in the MASP/AASP ETR to be implemented through comDliance with the MASP Community Design standard of Section 3.3-Lighting and accompanying conditions of approval. CITY Of SAN Luis OBispo 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:kD000,YtENTs AND SETTLNGs\SLOUSER\LocAL SE nNGS\TEMPORARY INTERNET FILEs\OLK20\F1NAL INITIAL STUDY TO CITY 5-1-07.DOC /-/a/ � 7 Issues, Discussion and Supporting ..,rormation Sources Sources Poteni._ Pote i le-,4 Tbai� - No i Significant Significant• Signifm3p act i ER#98-06 Issues Unless Impact Mitigation Incorporated 2.AGRICULTURE RESOURCES. Would theproject: a) Convert Prime Farmland,Unique Farmland,or Farmland of 11 X Statewide Importance(Farmland),as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use or a 6 X Williamson Act contract? c) Involve other changes in the existing environment which,due to 1,2,6 X their location or nature,could result in conversion of Farmland to non-agricultural use? Evaluation: a) According to the prior MASP/AASP EIR, the Margarita Area(including the Western Enclave area) does not contain any lands in the stated categories as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, consequently, the project can not result in conversion of such lands to non-agricultural uses. Therefore,there is no impact. b) There is no agricultural zoning or Williamson Act Contract in effect on the subject site. Therefore there is no impact. c) No lands within the Western Enclave (and thereby within the subject site) have been actively farmed recently, so this project will not result in any direct loss of productive farmland. Other lands in the vicinity of the project site are either already developed or if within the Margarita Area Specific Plan and in agricultural use (farmland/grazing or open space),are already slated by the Plan for eventual non-agricultural use whether this project proceeds or not; therefore there is no direct correlation from this project to any further planned conversions of farmland to non-agricultural uses. The impacts of conversion of these lands to non-agricultural uses have already been evaluated both in the environmental documents for the City's Land Use and Circulation Elements and the MASP as significant, irreversible, adverse impacts that could not be mitigated and the necessary Statement of Overriding Considerations adopted(Resolution No.9615 (2004 Series)pursuant to CEQA. Nonetheless,policies of the Land Use Element were adopted to help compensate for,and thereby reduce the impacts from, productivity lost as a result of the conversions to non-agricultural uses. Specifically, city policy requires direct dedication of open space areas or payment of in-lieu fees. As noted above,the subject project proposes Lot 178 as a 71±acre open space lot to be dedicated to the City for protection as permanent open space and Lots 81-85 as open space lots to be owned and maintained by the proposed Home Owners Association,pursuant to the requirements of.the MASP. Therefore.the Proiect is self-mitigating and thus,the proiect impact is less than significant. 3. AIR QUALITY. Would the project: a) Violate any air quality standard or contribute substantially to an 1,3 X existing or projected air quality violation? b) Conflict with or obstruct implementation of the applicable air 1,3 X quality plan? c) Expose sensitive receptors to substantial pollutant 1,3 X concentrations? d) Create objectionable odors affecting a substantial number of 1,3 X people? e) Result in a cumulatively considerable net increase of any criteria 1,3 X pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozoneprecursors)? Evaluation a-e) According to the prior MASP/AASP EIR, project construction will generate short-term emissions of air pollutants. CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENv1RONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTLNGS\SLOUSERU.ACAL SE nNGS\TEMPORARY INTERNET FILES\OLK20\FIN.AL INITIAL STUDY TO CITY 5-1-07.DOC /� Attachment S Issues, Discussion and Supporting ..dormation Sources Sources PatenL_y Potentiauy Less Than No i Significant Signifi4arit, ER #98-06 Issues Unless Impact Mitigation Incorporated Construction-related emissions would primarily be dust (particulates) generated from soil disturbance and combustion emissions generated by construction equipment. Such dust generation was determined to be a potentially short-term significant impact on air quality that could lead to exceedances of established state and federal thresholds for regional or local air quality or otherwise conflict with City and County air quality plans or program. In addition, the project site is situated near existing residential units thereby potentially exposing sensitive receptors to substantial pollutant concentrations. The MASP/AASP EIR also noted long-term("operation") air quality impacts would result from on-going emissions generated by the project-related vehicular trips and development resulting in additional natural gas combustion for space and water heating and additional fuel combustion at power plants for electricity consumption. The MASP/AASP EIR concluded that implementation of the Plan, with mitigation measures AIR-1.1, 1.2, 1.3 and 2.1 set forth in the EIR brought forward to apply to individual projects, is consistent with the local Clean Air Plan. The EIR also determined that with adoption of the MASP and its accompanying EIR mitigation measures, further delays in attainment of state and federal air quality standards would not be expected and thus,air quality impacts resulting from build-out of the Plan were insignificant. The mitigation measures set forth in the prior MASP/AASP EIR were determined would reduce all the following impact areas to less than significant: 1) short-term construction-related vehicle emissions and fugitive dust(PMIo), and 2.) Long-tens operation emissions, including increased vehicle trips resulting from new residential and commercial development in the MASP. During Early Consultation for the prior VTM#2428 project, the Air Pollution Control District (APCD) of San Luis Obispo County commented in a letter dated August 2, 2005 that they support the in-fill nature of the proposed development noting that such development makes walking,bicycling and public transportation more viable,decreasing dependence on driving and therefore reducing emissions from motor vehicles. The letter states further that such development is consistent with the land use goals and policies of the District's Clean Air Plan,consistent with the finding of the MASP/AASP EIR. The SLO County APCD reiterated in its letter the site mitigations as set forth in MASP/AASP EIR for dust control, construction vehicle emission control, construction activity pollution controls, and on-gong project operation emission controls, and noted these measures be incorporated into the project in order to maintain project-related impacts to less than significant. These requirements will be enforced by the APCD through required Permit to Construct and Permit to Operate permits and by recommended conditions of approval. The proposed revised VTM project is self-mitigating in these regards because the applicant has asserted his commitment by way of notation on the preliminary grading plans submitted for the project which states: "All provisions of the APCD letter dated 8/02/05 shall be implemented." This component of the applicant's project description/proposal together with Conditions of Approval assure mitigation measures set forth in the prior EIR are brought forward to this project. Thus, the revised project is still self-mitigating and the impact is less than significant 4. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect,either directly or indirectly or 1,3, X through habitat modifications,on any species identified as a 12, 13 candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect,on any riparian habitat or 1,3, X other sensitive natural community identified in local or regional 12, 13 plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting 1,3, X biological resources,such as a tree preservation policy or 12, 13 ordinance(e.g.Heritage Trees)? d) Interfere substantially with the movement of any native resident 1,3, X or migratory fish or wildlife species or with established native 12, 13 resident or migratory wildlife corridors,or impede the use of CITY OF SAN LUIS OnlSpo 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:\DOCUMENTS AND SETTINGS\SLOUSER\LOCAL SETTINGS\TEMPORARY INTERNET FiLEs\OLK20\FINAL INITIAL STUDY To CITY 5-1-07.Doc /—/A9 Attact men u: Issues, Discussion and Supporting ..,formation Sources Sources Patent.-_, Ntenti ??x_ 51►��.: .W N�_. Significant s;gn;fioant:: ..s;gn;rcant. :L,Impact : ER #98-06 Issues Unless Impact Mitigation Incorporated Wildlife nursery.sites? e) Conflict with the provisions of an adopted Habitai-Conservation. 1,3, X Plan,Natural Community Conservation Plan,or,oiher approved 12, 13 local,regional,or state habitat conservation plan? f) Have a"substantial adverse effect on Federally protected 1,3, X wetlands as defined in Section 404 of the Clean Water Act 12, 13 (including,but not limited to,marshes,vernal pools,etc.) through direct removal,.filling,hydrological interruption,;or other-means? Evaluation: c)There are no significant specimen or heritage trees on the property.Thus there is no impact from this project. d) The Margarita Area does not contain any waterways known to be important to viable fisheries, therefore there is not expected to be any effect on fish species. Due to the relatively poor soils,simple vegetation type(grassland),and general lack of vegetation diversity,the Western Enclave developments of MASP are not rich in wildlife species and do not form any kind of nursery or ref lgium for wildlife species. Therefore it is not expected that the development would interfere substantially with the movement of any native wildlife species. e) The City does not have an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local,regional,or state habitat conservation plan established in the City of San Luis Obispo.Thus there is no impact from this rp oject. a) b), f) The prior EIR prepared for the MASP & AASP conducted extensive biological resource impact analyses and determined 19 areas of potential significant impact. Of these 19 impacts,6 (BIO- 3,4, 10, 15, 18,& 19)were determined to not be significant and thereby, not requiring mitigation. BIO-9 was ruled out as an impact for the MASP territory, and therefore is not an impact for the three Western Enclave project sites. The balance of 12 Impacts(BIO-1,2,5,6,7,8, 11, 12, 13, 14, 16 & 17) were subject to MASP/AASP EIR mitigation requiring further site specific surveys and mapping to determine if the specie of concern identified in the respective enumerated impacts might occur on the site. Mitigation Measure BIO-1.1 stated the performance criteria that if such specie was not found to exist then no further mitigation would be necessary, but if the specie was found or determined to exist then Mitigation Measure BIO-6.1 outlining the performance criteria to avoid, minimize, or compensate for significant irripacts on those resources as specified by the site specific biological surveys would be required for affected projects. The MASP/AASP EIR-required site specific surveys were conducted for the Western Enclave properties during the winter, spring,and summer of 2005. As a result of these surveys,EIR Impacts BIO-1, 14,& 16 were determined to not be significant impacts requiring mitigation for the Western Enclave properties. The remaining impacts (BIO-2, 5, 6, 7, 11, 12, 13, & 17) were determined to be applicable to the Western Enclave properties, and in particular, with respect to the subject revised VTM #2428, that upper portion of the site lying along the toe of the South Hills and the three drainage ways traversing the site. Consequently the site is subject to the performance standards to avoid, minimize, or compensate for the impact as set forth in Mitigation Measure BIO-6. In compliance with one of the performance standards of this mitigation,the Western Enclave applicants have already prepared and submitted as part of their project proposal a "Comprehensive Mitigation Program" that is applicable to all three of the Western Enclave sites (as opposed to three individual plans). By integrating all three projects as if they were one, impacts were able to be addressed by selectively applying mitigation where a beneficial habitat exists naturally and could thereby be dealt with on one site to the benefit of the other two, garnering a more holistic, rather than piecemeal, solution. Key to the avoidance criteria, all three of the Western Enclave applicants propose to retain all existing natural drainage ways in their current locations and in their natural state, as required by the MASP. In addition, the applicants have already been in communication with the agencies of jurisdiction(California Department of Fish and Game,U.S.Fish&Wildlife Service,US Army Corps of Engineers) regarding acquiring necessary permits for the mitigation of impacts to jurisdictional wetlands, (Section 404, etc.)and conditions of approval are recommended(for the subject revised ma )and approved for VTM#2342 CITY OF SAN LUIS OBISPO 12 INmAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTINGS\SLOUSER\I.00AL SETTINGS\TEMPORARY INTERNET FIt.Es\OLK20\FIN.AL INITIAL STUDY To CITY 5-1-07.Doc Attachment 6 Issues, Discussion and Supporting ..Armation Sources Sources Potei,—, Potentiallg - 1�xvs,�haa-_:.:A ;—: Significant Significant, =�Signifioenty Im}mGtQ •- .�u« ER#98-06 Issues Unless Impact Mitigation Incorporated &. VTM #2353to assure compliance. The wetlands and drainages are afforded further protection as stipulated by the EIR performance criteria,by providing necessary buffer zones around the features to be protected/preserved. The findings and recommendations of the "Comprehensive Mitigation Program" as reviewed and modified by City staff are summarized below: Biological impacts fall into several categories: wetland impacts; impacts to other sensitive habitats, and impacts to sensitive species. These are discussed in more detail below for the site specific map: Wetland Imnacts. All three subdivisions have some impacts to wetlands. Efforts have been made, especially in the King subdivision VTM #2428, to minimize these through redesign of the lot layout, but there will still be impacts that cannot be avoided if the project is to proceed as called for in the Margarita Area Specific Plan. The DeBlauw and Cowan subdivisions also have wetland impacts but these appear to be of a different nature, impacting wetlands that have resulted from grade and drainage changes caused by human activities in the past. The developers are working on a mitigation program for wetland impacts that would utilize a nearby property and would meet City,State,and federal mitigation requirements. Impacts to Creek Habitats. Impacts to creek habitats are minor,following the realignment of the project to try to minimize such impacts. There will be some impacts as a result of creek crossings;however,these will be minor and mitigation will be dictated by Corps and DFG requirements. Impacts to Serpentine Grassland Habitat. The project lot design results in approximately 1.75 acres of loss of serpentine bunchgrass habitat. To significantly reduce or avoid this impact would require substantial changes to the project's layout which would frustrate another important community goal, specifically housing development in this area. It is important to note that this community extends well onto the hill at the northern boundary of the project for some distance,thus the habitat will be reduced but not lost. There will in fact be a significant area of serpentine bunchgrass habitat that will be conserved as part of the project. Impacts to.Sensitive Species. Several species of concern will be impacted by the project:these are mostly plant species,but also include one potentially affected animal species. These-are discussed individually below. Palmer Spineflower (Chorizanthe pahneri). This species is found throughout the South Hills. A small portion of the population will be lost through development;however,the open space dedication of the project will secure a much larger area of occupied habitat. Brewer Spinef lower(Chorizanthe breweri). The situation for this species is the same as for the above. Obispo Indian Paintbrush (Castilleja densiflora ssp. obispoensis). In 2005 this species was found in large numbers both within the Margarita area (including the open space lot) and on the Unocal Tank Farm property nearby. Hoover reports this subspecies as occurring from about Ragged Point on the northern boundary of San Luis Obispo County to the San Luis Obispo area. It is not certain whether the subspecies was observed in the more northerly areas or not, but it is reasonable to assume so, as conditions in the North County area have not changed much in the 35 years since publication of the Vascular Plants of San Luis Obispo County. Miles Milkvetch (Astragalus didymocarpus var. n ilesianus). This rare variety is reported from locations in coastal San Luis Obispo and Santa Barbara Counties. Hoover reports it as found in clay soils, usually derived from serpentine, from Morro Bay to San Luis Obispo. The approximately 25 individuals found in the survey were observed within the project development envelope. Obispo dudleya(Dudleya abramsii ssp. murina). There are eight individuals of this species that will be lost to development. The species has considerable habitat in the South Hills. Obispo Mariposa Lily (Calochortus simulans). Approximately 25 individuals of this species will be lost to development. CITY OF SAN LUIS OBISpo 13 INITIAL STuOY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CAD000MENTS AND SETTINGS\SLOUSER`-0CAL SFTnNGS\TEMPORARY INTERNET FILES\OLK20\FINAL INITIAL STUDY TO CITY 5-1-07.boc z� Attad!;mpnt 6 1 Y:C! Issues, Discussion and Supporting ..,formation Sources Sources Potence_; Potentialj . L:.�Tban No,_.: Significant Significant:.:,,:SigpiAqw[. ..�I�p_act,. . ER#98-06 Issues Unless Impact Mitigation Incorporated The species has additional occupied habitat in the South Hills. The open space dedication of the project will secure much of that habitat(some is already secured). The bulbs may be hard to find,could be damaged while being searched for,and could be time-consuming to replant. The relocation of these individuals may be considered and undertaken if it can be accomplished at low cost. Adobe Sanicle.(Sanicula maritima). Approximately 500 individuals of this species have been found within the project area and they would be lost due to the development. This species is considered very rare and San Luis Obispo may be the only area where it is found,according to the Jepson Manual. A small population is known from a seep in Laguna Lake Park within the City. Congdon Tarplant(Hemizonia parryi ssp congdoni). Up to several hundred individuals have been observed in disturbed,wet ground paralleling Prado Road on the Cowan and DeBlauw properties. This species is concentrated in the San Luis Obispo area in vernally wet areas that are routinely disturbed, such as by agricultural operations or livestock activities,and in vernal pools. Loggerhead Shrike(Lanus ludovicianus). One active loggerhead shrike nest was found in the myoportim tree which occurs in the project area. State law prohibits the destruction of nests in which young are being fledged. There is ample suitable habitat for loggerhead shrikes in the area, including the South Hills, and the loss of a nest site should not be a significant impact. In order to obviate the utilization of the nest next season, the myoporum should be cut to eliminate the nest at this time when it is unoccupied. Impacts to Other Nesting Birds. It is possible that construction activities during the nesting season could impact nesting buds,including inadvertent harassment of nesting pairs and destruction of nests. Mitigation Program. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on-and off-site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP/AASP EIR, the subject VTM#2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open Space-Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be through a combination of on- and off-site mitigation,approved by the City,the DFG and the Corps. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving restoration of serpentine bunchgrass habitat at an identified area in the so-called "saddle" in the King property's open space parcel, is required. This area occupies between one-half and three-quarters of an acre. The program would at a minimum,replace the existing non- native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley,and California brome. In addition,a program for additional protection for the open space lands of the project will be developed.. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills open space parcel, through mechanisms such as fencing, trail realignments,and drainage improvements on the access road to the communication site on neighboring property. Finally,the project sponsors propose to donate fee title to the open space lot 146 to the City of San Luis Obispo as permanent open space as part of the project. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern is required as follows: Palmer Spineflower. None required. Brewers ineflower. None required. CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTINGASLOUSERUACAL SETTINGS\TEMPORARY INTERNET FOES\OLK20\FINAL INITIAL STUDY To CITY 5-1-07.DOC /-146 1' AttacHment 8 Issues, Discussion and Supporting ..,formation Sources Sources PO[eRL. > Potendllyi_ Significant Significan'�'.—�S�guificma�nt. .,;Impact,__ ER#98-06 Issues Unless impact Mitigation Inco orated Obispo Indlinn Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect.seed or seed/soil mix for relocation to open space lot enhancement site. Obispo dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa Lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space;consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off-site location approved by the City,or consider lot adjustments to protect the major portion near lots 121, 122, and adjacent multifamily lot. On Sept. 5, 2006, the SLO City Council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of adobe sanicle occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best site for relocation of the adobe sanicle because Laguna Lake Park has a fairly large area of habitat suitable for the adobe sancle. Further, the adobe sanicle already occurs there naturally. Congdon Tarplant. Create compensating habitat in a suitable off-site location approved by the City. On Sept. 5, 2006, the SLO City Council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by the proposed revised VTM#2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best site for relocation of the Congdon tarplant because the City has already successfully conducted mitigation efforts at Laguna Lake Park for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. Loggerhead Shrike. Remove myoporum tree before nesting season. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites until after young have fledged. Off Sue Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space-Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E(rare,threatened,and endangered) species,and thus is beneficial to retain in its natural state. Pre-development run-off has resulted in seasonal flooding of Prado Road due to the currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off-site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre-and post- Western Enclave development generated run-off. It is proposed that this basin be enhanced to accommodate the greater project-generated and pre-project rum-off flows,and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a.Master Home Owners Association(MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. As noted, the three Western Enclave developments have been designed so as to avoid any disturbance to the natural drainage channels. In order to accommodate this, a storm drainage system is proposed to capture all surface flow from the improvements and convey it on through the watershed. Naturally occurring drainage from the upper reaches of the watershed will be allowed to continue to flow through the developments via the existing natural drainage channels [proposed to be preserved in Open Space,particularly Lots 142-146& 148 in the subject maps. However,development-generated run-off will be conveyed via separate installed infrastructure & treatment facilities required for the subdivisions, and transported to the proposed off-site sub-regional drainage basin.] A small amount of development-generated run off may be diverted to the easterly—most drainage swale as necessary to enhance year round hydrology of the swale to be beneficial to better sustain the sensitive habitat. This will be accomplished only at the direction of USFWS/ ACOE and/or the City Natural Resource Manager. The proposed off-site detention basin and drainages (preserved in common by a MHOA as open channels) will be vegetated with local native,suitable grasses and other plant material,and with the assistance of composite turf reinforcement fabric,will allow for the formation of additional seasonal wetlands. As the channels and basin are lined with the turf reinforcement CRY OF SAN LUIS Owspo 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:0000MENTS AND SETTNGSLSL0USFRU_0CAL SEITWGS\TEMPORARY INTERNET FILFs\0LK20\FiNAL INITIAL STUDY TO CITY 5-1-07.DOc /-/D 7 Issues, Discussion and Supportirt6 dormation Sources Sources PotenL. ., Potentially LessTtan No Significant Significant 'Significant Impact- ER#98-06 Issues Unless Ympict Mitigation Incorporated fabric, any additional bank stabilization that will be needed should be achieved. Additionally,outlets into the basin will have substantial energy dissipation structures, as required to remove any erosion and sedimentation potential. Once the wetlands within the channels and basin have been allowed to fully establish themselves,it is anticipated that some of the wildlife,which will take seasonal refuge within these wetlands,will assist with keeping growth of the vegetation under control. Inclusion of the above mitigations reduce the impacts to a level of less than significant. Further,in compliance with the MASP,the subject map proposes the 71-acre Lot 178 as an Open Space lot to be dedicated to the City, and Lots 81-85, as lots to be owned and maintained by a Master Home Owners Association all for the multiple purposes of achieving the required biological mitigation and the functioning components of the proposed sub-regional drainage plan and pedestrian/bicycle trail system. 5.CULTURAL RESOURCES. Would theproject: a) Cause a substantial adverse change in the significance of a 1,3, X historic resource?(See CEQA Guidelines 15064.5) 10, 18 b) Cause a substantial adverse change in the significance of an 1,3, X archaeological resource?(See CEQA Guidelines 15064.5) 10, 18 c) Directly or indirectly destroy a unique paleontological resource 1,3, X or site or unique geologic feature? 10, 18 d) Disturb any human remains,including those interred outside of 1,3' ,3, X formal cemeteries? 10, 18 Evaluation a-b) The MASP and MASP/AASP EIR determined that further on-site surface surveys be done in conjunction with each site specific development proposal. Such further survey was conducted by a Heritage Discoveries, Inc, of San Luis Obispo, CA for the entire Western Enclave area and a written report, dated May 31,2005, was submitted to the City. The report found, and completed a site record for,a small archaeological site of unspecified significance within the survey area. The site found is not adjacent to or within the boundaries of this VTM#2428. A Phase II subsurface test is required for this off-site find,but such survey will not affect and therefore does not impact the subject project. Thus,the proiect impact is less than significant. c-d)The project site is located in an area that does not contain any unique geological feature and possesses no known unique paleontological resources. The project area has been part of two general cultural resource field surveys. As a result of these field surveys, there are no known historical or archaeological resources that are associated with the project site. Therefore there is no impact. 6. ENERGY AND MINERAL RESOURCES. Would theproject: a) Conflict with adopted energy conservation plans? 1,2,3 X b) Use non-renewable resources in a wasteful and inefficient 1,2,3 X manner? c) Result in the loss of availability of a known mineral resource 1,2,3 X that would be of value to the region and the residents of the State? Evaluation: a-b) The project as revised will not conflict with adopted energy conservation plans nor will it promote the use of non- renewable resources in a wasteful and inefficient manner. The future development of the site must comply with the policies contained in the General Plan Energy Element that states: "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 project will also be subject to Architectural Review that will ensure consistency with City energy conservation goals,policies,and regulations. This impact is less than significant. CrrY OF SAN LUIS Osispo 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:\D000MFNTS AND SETTINGS\SLousER\LOCAL SFrnNGS\TEMPORARY INTERNET FILES\OLK20\FIN.AL INITIAL STUDY To CITY 5-1-07.DOC 1-ion' Aftaelt;ent 3 Issues, Discussion and Supportin .,iformation Sources Sources Poten'L _y Potentially Less Than:,- No Significant Significant- Significant . . Impact ER#98-06 issues Unless Impact Mitigation Incorporated c)There are no known mineral resources on the project site that would be of value to the region and the residents of the State. Thus,there is no impact. 7. GEOLOGY AND SOE S. Would theproject: a) Expose people or structures to potential substantial adverse 1,2,3 X effects,including risk of loss,injury or death involving: 5,7, 17 I. Rupture of a known earthquake fault,as delineated in the 1,2,3' ,2,3, X most recent Alquist-Priolo Earthquake Fault Zoning Map 5,7, 17 issued by the State Geologist for the area,or based on other substantial evidence of a known fault? IL Strong seismic ground shaking? 1,2,3, X 5,7, 17 III. Seismic-related ground failure,including liquefaction? 1,2,3, X 5,7, 17 IV. Landslides or mudflows? 1,2,3, X b) Result in substantial soil erosion or the loss of topsoil? 5,7, 17 X c) Be located on a geologic unit or soil that is unstable,or that 1,2,3, X would become unstable as a result of the project,and potentially 5,7, 17 result in on or off site landslides,lateral spreading,subsidence, liquefaction,or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of the 1,2,3, X Uniform Building Code(1994),creating substantial risks to life 5,7, 17 or property? Evaluation: a)-d):The initial study prepared for the MASP/AASP projects found that all the above-stated effects from implementation of both plans would be less than significant and therefore the MASP/AASP EIR conducted no further evaluations. There is no new evidence to suggest there would be any site specific impacts that were not adequately anticipated or evaluated in the prior environmental documents. The preliminary grading plan prepared for the subdivision is consistent with City code. The final grading plan of the proposed subdivision will be in accordance with the Geotechnical Engineer's recommendations and the California Building Code adopted by the City and modified by City regulations. Thus, the project impact is less than significant. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the pro'ect. a) Create a significant hazard to the public or the environment 1,3, X through the routine use,transport or disposal of hazardous 14 materials? b) Create a significant hazard to the public or the environment 1,3, X through reasonably foreseeable upset and accident conditions 14 involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely 1,3, X hazardous materials,substances,or waste within one-quarter 14 mile of an existing or proposed school? d) Expose people or structures to existing sources of hazardous 1,3, X emissions or hazardous or acutely hazardous materials, 14 substances,or waste? e) Be located on a site which is included on a list of hazardous 1,3, X materials sites compiled pursuant to Government Code Section 14 65962.5 and,as a result,it would create a significant hazard to _ _the public or the environment? CITY OF SAN Luis Oetspo 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADocuMENTS AND SETTINGS\SLOUSER\LOCAL SEITiNGS\TEMPORARY INTERNET Fu.Es\0LK20\FINAL INITIAL STUDY TO CITY 5-1-07.Doc 1-le 9 S. • , . ��� Attachment 6 ` Issues, Discussion and Supporting formation Sources sources rotent:: y Pofential}y _ Significant Significant" `Significant•:„Imps- ER#98-06 Issues unless Impact Mitigation Incorporated I f) Fora project located within an airportland'use plan,or within1,2, X two miles of a public airport,would the project result ima safety 3, 14 hazard.for the people residing or working in,the project area? g) '.Impair itnplementatioti of,or physically interfere With.-the. . 1,2, X adopted emergency response plan or emergency'evacuation 3, 14 plan? h) Expose people or structures to a significant risk of:lose,injury; 1,2, X or death,involving wildland fires,including,where wildlandsare: 3, 14 -adjacent to urbanized_areas or where resideiits are intermixed with:wildlands7 Evaluation a),b),d):The prior EIR determined that historical agricultural activities and surrounding industrial activities of the Margarita Area may have released hazardous materials into the environment. Hazardous materials releases may have involved leaking underground or aboveground storage tanks; or similar events from other nearby properties that store or handle hazardous or toxic materials. Construction-related and ground disturbing activities may involve the use of materials that could contaminate nearby soils and water resources in the project area. Existence of such potential hazards could cause construction workers and other people to be exposed to dust or emissions containing such hazardous materials or to organic pesticides,herbicides, and other hazardous materials. The prior MASP/AASP EIR further determined impacts related to development of allowed business park land uses could result in operations-related exposures to hazardous materials and short-term surface water quality degradation from accidental release of hazardous materials during construction; areas of concern within the Margarita Area included mention of Acacia Creek. The prior MASP/AASP EIR required the following mitigation measures that would reduce such impacts to less than significant: HAZ-1.1:Implement a construction-related hazardous materials management plan HAZ-1.2:If presence of hazardous materials is suspected or encountered during construction-related activities, conduct a Phase I and possibly Phase H Environmental Site Assessment to determine soil or ground water contamination. HAZ-2.1: Implement an operations-related hazardous materials management plan. With respect to required mitigation measure HAZ-1.1, the applicant already prepared and submitted the results of Phase I ESA for the subject site. Said Assessment, dated June 27, 2005, was prepared by Geo-Solutions, Inc., a firm qualified to prepare such assessments. The Assessment found that there are no recognized environmental conditions at the site or in connection with the site that could be affected by roadway or utility alignments, and in the author's expert judgment, no further inquiry regarding potential or recognized environmental conditions is required for past uses of the site (No Phase II ESA,required.). Since the subject revised project involves only development of residential uses there is no potential for the stated potential impacts related to business park office development or uses that would involve the handling or disposal of materials used onsite,or the delivery,use,manufacture and/or storage of various chemicals necessary to perform manufacturing and business park activities. Mitigation Measure HAZ-2.1 above is therefore not applicable to the subject project and therefore is not required to be brought forward as a condition of approval. Thus,there is no impact. Although Acacia Creek does not lie within the Western Enclave area of the MASP, there are other natural drainage ways within this and the two other related Western Enclave development sites that contain biological resource values required by the MASP to be protected and preserved. Therefore,there is still potential for on-site construction of roadways,infrastructure and building sites to involve handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste that have the potential to adversely impact these drainages if proper precautions are not implemented. Therefore, Mitigation Measure HAZ-1.1 above is applicable to the subject site and is therefore required to be brought forward as a condition of approval. According to the MASP/AASP EIR, said Construction-Related Hazardous Materials Management Plan is required to outline specific protocol to identify health risks associated with presence and handling of chemical compounds and identify specific protective measures to be followed by the workers in the work area to CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:0000MENTS AND SETnNGs\sLOUSERU.oCAL SErrINGS\T VIPDRARY INTERNET FiLEs\OLK20\FIN.v.INITIAL STUDY TO CITY 5-1-07.Doc r Attachrrenf 6 Issues, Discussion and Supporting,nformation Sources sources PoteuL_.y Poren1 y Less Than No ; Significant Significa`uP `Si '75can� ER #98-06 Issues Unless Wuf Mitigation Incorporated prevent or avoid improper release or accidental disposals that would result in soil and/or groundwater contamination. By incorporating the stated mitigation HAZ-1.1 above as condition of approval,this impact will remain less than significant with mitigation. c)The project site is not located within a one-quarter mile of an existing or proposed school. Thus,there is no impact. e) The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. Thus there is no impact. f) The project site is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County Airport Land Use Plan(ALUP). In its adoption of the MASP,the City Council already found the MASP to be consistent with the ALUP. It follows, therefore, that because the subject project and proposed residential uses and densities are compliant with the MASP,the project is also compatible with the policies and objectives of the Airport Land Use Plan. Thus there is no impact. g) The revised project and its proposed circulation and land use plan has been reviewed by the Fire Marshall who has recommended conditions of approval which will assure compliance with adopted firelemergency-related codes. The Fire Marshall has provided no expert evidence that said proposal will impair implementation of, or physically interfere with, the adopted emergency response plan or emergency evacuation plans of the City. Thus,the impact is less than significant. h)The project site is not in an area identified as subject to wildland fire hazards. Thus there is no impact. 9. HYDROLOGY AND WATER QUALITY. Would the ro'ect: a) Violate any water quality standards or waste discharge 1,2, X requirements? 3, 16 b) Substantially deplete groundwater supplies or interfere 1,2, X substantially with groundwater recharge such that there would be 3, 16 a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.The production rate of pre-existing nearby wells would drop to a level which would not support existing Land uses for which permits have been granted)? c) Create or contribute runoff water which would exceed the 1,2, X capacity of existing or planned storm water drainage systems or 3, 16 provide additional sources of runoff into surface waters (including,but not limited to,wetlands,riparian areas,ponds, springs,creeks,streams,rivers,lakes,estuaries,tidal areas,bays, ocean,etc.)? d) Substantially alter the existing drainage pattern of the site or 1,2, X area in a manner which would result in substantial erosion or 3, 16 siltation onsite or offsite? e) Substantially alter the existing drainage pattern of the site or 1,2, X area in a manner which would result in substantial flooding 3, 16 onsite or offsite? f) Place housing within a I00-year flood hazard area as mapped on 1,2 X a Federal Flood Hazard Boundary or Flood Insurance Rate Map 3, 16 or other flood hazard delineation map? g) Place within a 100-year flood hazard area structures which 1,2, X would impede or redirect flood flows? 3, 16 h) Will the project introduce typical storm water pollutants into 1,2, X ground or surface waters? _ 3, 16 CITY OF SAN Luis Osispo 19 INmAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTI.NGS\SLOUSER\L.00AL SET [NGs\TEMPORARY INTERNET FILES\OLK20\FtNAL INITIAL STUDY TO CITY 5-1-07.DOC Attachment 6 Issues, Discussion and Supporting „lkrmation•Sources sources Poten J Potentia y Significant Significant._..SigpiScatlr` act__ ER#98 06 Issues Unless Impact Mitigation Incorporated i) Will the project alter ground water or surface water quality, 1,2, X temperature,dissolved oxygen,or turbidity? 3, 16 Evaluation: a)The project as revised will not violate any water quality standards or waste discharge requirements. According to the prior MASP/AASP EIR, development associated with the site will require issuance of an NPDES general construction activity storm water permit by the Central Coast RWQCB. Completion of this permit process would ensure that construction-related discharges are limited or adequately accommodated by properly engineered infrastructure design. Thus, the impact is considered less than significant. b) The project will be served by the City's sewer and water systems and will not use or deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. c),e)According to the prior MASP/AASP EIR,construction on the site of the proposed residential development as part of the urbanization of the Western Enclave Area would result in an increase of impervious surfaces that would cause the timing and amount of surface water runoff to increase. However, the project is subject to the revised City Storm Drain Master Plan/Waterways Management Plan that discusses the necessary improvements that would ensure adequate transmission and detention of storm water flow created by any new development and thus potential impacts resulting from increased development-related run-off was determined by the MASP/AASP EIR to be less than significant, and no mitigation required. To ensure that runoff levels will be equal to or less than existing levels,all storm water runoff will be contained in detention basins and drained at a rate not to exceed the 2-year undeveloped flow rate. In addition,according to the MASP a series of basins will be constructed to detain storm water runoff within the area. In this instance the Western Enclave developers propose one off-site detention basin to accept development-generated run-off from all three subdivisions, together with existing area run-off that historically creates flooding at the concrete box culvert under Prado Road that is insufficient to accept and transmit existing area run-off. The design, location,and maintenance of the detention basins will be subject to the approval of the City Engineer. In the event such off-site basin cannot be achieved,then, alternately,each subdivision will be responsible for providing its own on-site basin to the approval of.the City Engineer as stipulated in the MASP. Thus, the impact of the orciect is less than significant. f),g)The project does not place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map nor will it impede or redirect water flows that will cause a flood hazard to surrounding areas.Thus,there is no impact. h), i) According to the prior MASP/AASP EIR, the project could potentially introduce typical storm water pollutants into ground or surface waters during construction activities and as a result of ongoing use of the project area. As a result, the development would require issuance of an NPDES general construction activity permit by the Central Coast RWQCB. Completion of this permit process would ensure that construction-related discharges were limited. Because ongoing use of the project area for residential uses would also increase the potential for discharge of household chemicals,oils and fuels,and waste into projected waterways, the requirement for the implementation of Best Management Practices (BMPs) must be established to reduce the potential for unwanted runoff. Therefore, implementation of the BMPs on the project will reduce impact to less than significant level. 10. LAND USE AND PLANNING. Would theproject: a) Conflict with applicable land use plan, policy, or regulation of 1,2,3 X an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? b) Physically divide an established community? 1,2,3 X c) Conflict with any applicable habitat conservation plan or natural 1,2,3 X community conservationplans? Evaluation CITY OF SAN LUIS OSISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CAEWUMENTS AND SETTI,NGs\SLousER\L.00AL SETTINGS\TEMPORARY INTERNET FuEs\OLK20\FINAL INITIAL STUDY To CITY 5-1-07.Doc 1_11.2- Aftachment S Issues, Discussion and Supporting formation Sources sources Potent Poten�iau, Less Tan _No :a Significant Significant nt Tm�act ER#98-06 Issues Unless Impact Mitigation Incorporated a) The project is located in an area designated by the MASP for low density residential,medium density residential and open space-hill and riparian. The layout and intensity of residential development and open space lots proposed with revised VTM #2428 complies with the land use plan and density requirements of the MASP. The City's Open Space Element requires developments to include buffer areas next to wetlands and creeks to protect riparian habitat. The project proposes that the three drainage ways traversing the property,as well us the 71-acre open space lot of the South Hills along the northern band of the site, remain in their natural state, and as such are afforded the requisite protection by including them within separate lots designated for open space, and, in the case of the drainage ways, include the minimum required setbacks. These lots are proposed to be owned and maintained either by the City (the 71-acre parcel) or in common by a Home Owners Association. The subdivision of the property into low and medium density residential units does not conflict with any plan or policy adopted for the purpose of avoiding or mitigating an environmental effect the proposed development is in furtherance of achieving land use density called for by the MASP and the proposal for affordable(condominium)housing within Lots 171- 175 and for market rate condominiums on Lots 176& 177 is also consistent with inclusionary and affordable housing policies of the City.To this extent the project is self-mitigating. Thus,there is no impact. (See related discussion above under Part 4. Biological Resources.) b) The project will not physically divide an established community,because by implementation of the MASP the project is a logical and orderly extension of the planned land uses and development that are already established and planned within the surrounding area. Thus,there is no impact. c) The project site is not located within a habitat conservation plan or natural community conservation plan. Thus there is no impact. (See related discussion above under Part 4.Biological Resources.) 11.NOISE. Would the project result in: a) Exposure of people to or generation of"unacceptable"noise 1,2,3 X levels as defined by the San Luis Obispo General Plan Noise Element,or general noise levels in excess of standards established in the Noise Ordinance? b) A substantial temporary,periodic,or permanent increase in 1,2,3 X ambient noise levels in the project vicinity above levels existing without the project? c) Exposure of persons to or generation of excessive groundbome 1,2,3 X vibration or groundborne noise levels? d) For a project located within an airport land use plan,or within 1,2,3 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 According to the MASP/AASP EIR, the proposed project is located in an area zoned for residential land uses that are predicted to be exposed to traffic noise levels resulting from new roadways within the development. Such traffic-related noise levels are expected to exceed the maximum exterior noise planning standard of 60 L&/CNEL dB (day-night average sound level;or 24-hour average community noise equivalent level,in decibels)or to exceed allowable thresholds of stationary noise sources as set forth in Table 2 of the Noise Element. However, the EIR concludes that this impact is less-than-significant since in order for a subdivision map to be approved it must be fully compliant with the entirety of the City's General Plan. As such, the project is required to be consistent with the Specific Plan standards for road noise mitigation and outdoor noise reduction as well as subject to mitigation measures listed and already adopted in the City's General Plan Noise Element. The applicable mitigation measures are any or all of those listed in Policy 8 of the Noise Element which, based upon the conclusions of a site specific noise measurement, are shown by a qualified expert performing said study are necessary to achieve the 60 Ldn/CNEL dB standard within the outdoor activity exposure area. Conditions of approval require that measures contained in the City's Noise Guidebook and as deemed necessary by the qualified acoustic consultant shall be incorporated into the design of the buildings to ensure that noise impacts are reduced to achieve the performance thresholds set forth herein and in the City Noise Element. Implementation of this condition will assure the impact remains less-than- CRY OF SAN LUIS Owspo 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETT1NGS\SL0USER\L.0CAL SET INGS\TEMPORARY INTERNET F(LEs\0LK20\FINAL INITIAL STUDY TO CITY 5-1-07.Doc r-/r.3 . 1 A a ' Issues, Discussion and Supporting ..Iformation Sources Sources Potent. Potentially I Iess'Ihan No. Significant Significant, Significant Impact ER# 98-06 Issues Unless impact - Mitigation Incorporated significant. b) Site development will result in increases in ambient noise levels, but not to significant levels, since by operation of mitigation requirements set forth in a)above,noise increases that would affect ambient levels are to be reduced to thresholds determined to be acceptable in residential areas. Therefore, impacts to permanent ambient noise levels are less than significant. Project construction or other temporary or periodic noise generation may result in temporary increases (spikes) in ambient noise levels. Since there is no way to predict the origin or duration of these types of noise sources for this development,it can only be regulated if found to be a nuisance by the City's Noise Ordinance. If noise levels exceed the Noise Ordinance thresholds,the property owner would be subject to possible citations and corrective actions to eliminate or reduce such noise to non-nuisance levels. The significance of this impact is too speculative to determine;compliance with the Noise Ordinance is presumed to adequately abate the periodic nuisance noise. Thus,there is no impact. c) The project will not expose people to the generation of excessive groundborne noise levels or vibrations.Thus,there is no impact. d)The project is located in the vicinity of the San Luis Obispo County Regional Airport,and is subject to the County Airport Land Use Plan. According to the prior MASP/AASP EIR, the project is not within the 60 or 65 dBA-CNEL contour line. However, due to projected future aircraft over flight, the project is required by the MASP/AASP EIR and MASP to implement design features to ensure compatibility with the Airport and thereby control indoor noise levels. Design features must control for indoor noise to not exceed 45 dB Community Noise Equivalent Level, and a 60 dB maximum for aircraft single events. Ininlementation of mitigation as specified in the MASP/AASP EIR and Plan will result in the impact being less-than-significant. 12. POPULATION AND HOUSING. Would theproject: a) Induce substantial population growth in an area, either directly 1,2,3 X (for example by proposing new homes or businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing or people 1,2,3 X necessitating the construction of replacement housing elsewhere? Evaluation: a)The added population growth caused by this project is within the General Plan's projection and will not result in population exceeding local and regional growth projections. Therefore, the impact of inducing substantial Ropulation growth to the planning area would be less than significant. b)The project site is currently vacant and undeveloped land; therefore, housing or people will not be displaced as a result of the project. Thus,there is no impact. 13.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision,or need,of new or physically altered government facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times,or other performance objectives for any of the public services: a) Fire protection? 1,2,3 X b) Police protection? 1,2,3 X C) Schools? 1,2,3 X d) Parks? 1,2,3 X e) Roads and other transportation infrastructure? 1,2,3- X CIrY OF SAN LUIS OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKUST ER 98-06(VTTM#2428-King) C:\DOCUMENTS AND SETTINGS\SLOUSER\L.00AL SETTINGS\TEMPORARY INTERNET FILES\0LK20\FIN.AL INITIAL STUDY TO CITY 5-1-07.DOC MV, Issues, Discussion and Supporting .Information Sources Soft= PotenL.y Potentially Less Than No Significant Significant Significant Impact ER#98-06 Issues Un7e—s�' - —Impacr - Mitigation Incorporated f) Other public facilities? 1,2, 3 X Evaluation a), b), d), e), & f) The MASP/RASP EIR determined that implementation and build out of the MASP will not result in any significant impacts related to any of the above-listed services due to the ability to off-set service needs through the City's Development Impact Fee programs established via the City General Plan and augmented by the MASP and concluded that no further mitigation was necessary. There is no new evidence that the subject project, proposed to carry out the development intended by the MASP as evaluated by the MASP/AASP EIR will result in any adverse impacts to these services. And further,the project will not result in substantial adverse physical impacts associated with the provision of, or need for,new or physically altered government facilities,the construction of which might have the potential to cause significant environmental impacts. In accordance with the MASP,the project is subject to City and MASP established Development Impact Fees that are charged in conjunction with approval of development projects to offset costs associated with increases in demand of public services. Thus,there is no impact. c)The school districts in the state have the authority to collect fees at the time of building permits to offset the costs to finance school site acquisition and school construction, and said fees, when collected by local school districts, are deemed by State law constitute adequate mitigation for all school facility requirements. Section 65955 of the Government Code prohibits the City from denying a subdivision or collecting any fees beyond those required by the school district to mitigate effects associated with inadequate school facilities. Any increases in demand on school facilities caused by the project are considered to be mitigated by the district's collection of adopted fees at the time of building permit issuance for each residence. Thus,there is 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) & b) The build-out of the project will add to the demand for parks and other recreational facilities. The MASP has anticipated this demand by designating certain lands within the Plan area for "Sports Fields" (already built) and "Neighborhood Park"for active recreational use and other areas for"Open Space-Hills"or"Open Space-Riparian"for more passive recreation/aesthetic amenities (e.g. walking or bicycling paths and trails) intended more for use by adjacent or nearby residents. No portions of the subject site are designated by the MASP for either of the active recreation land use designations. The project is consistent with MASP insofar as said plan does designate a 71-acre-portion of the subject site (Lot 178) for "Open Space-Hills"(to be dedicated to the City for public use)and five other lots alongside natural drainage ways for"Open Space-Riparian" (Lots 81-85). Proposed Class I pedestrian/bicycle paths through Lots 82-85 are integral features for more passive recreation use. The MASP/RASP EIR determined that while build-out of the MASP will generate increased demand for recreational facilities,the impact is less than significant due to the adoption through the MASP of 533 acres of additional parks and open space land use designations(lying outside the Western Enclave development area.) The MASP also specifies that developers will contribute to the construction of public park facilities through the payment of City-,as well as,MASP-adopted Park Improvement Fees to offset costs associated with increases in demand and services as it relates to maintaining City-wide public park areas. Thus, the construction of the proiect will have a less than significant impact on parks or other recreational facilities. 15. TRANSPORTATION/TRAFFIC. Would theproject: a) Cause an increase in traffic which is substantial in relation to the 1,2, X existingtraffic load and capacity of the street§ystem? 3,4 CRY OF SAN LUIS OBKsPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMEWS AND SEITINGSSLOUSERU.00AL SETTINGS\TEMPORARY INTERNET Fa.ES\OLK20\FINAL INITIAL STUDY TO CITY 5-1-07.DOC Atiach;ment 6 Issues, Discussion and Supportin (formation Sources Sources Pot�y Potentially Less _;No..-; . Significant Significant-• Si:; cant..JOV2t.,_,. ER#98-06 Issues Unless Impact Mitigation Incorporated b) Exceed,either individually or cumulatively,a level of service 1,2, X standard established by the county congestion management 3;4 agency for designated roads and highways? c) Substantially increase hazardsdue to design features(e.g.sharp 1,2, X curves or dangerous intersections)or incompatible uses(e.g. 3,4 farm equipment)? d) Result in inadequate emergency access?. 1,2,3 X e) Result in inadequate parking capacity onsite or offsite? 1,2,3 X fy . Conflict with adopted policies supporting`alternative 1,2,3 X transportation(e.g.bus turnouts,bicycle racks)? g) Conflict with the with San Luis Obispo County Airport Land 1,2, 3 X UsePlan resulting in substantial safety risks from hazards,noise, or a change in aii trafficpatterns?_ Evaluation: a),b) As noted in the prior Initial Study for the original VTM#2428 design,that project as proposed, in accordance with the MASP and AASP and the City General Plan,would have increased traffic in the area,but not beyond the load and capacity of project area streets, existing or as projected currently, nor would it have increased traffic exceeding established acceptable levels of service (LOS) thresholds adopted at LOS "D" by the City General Plan) for San Luis Obispo as discussed in the MASP/AASP EIR,except for the Prado Road/South Higuera Street intersection. Regarding the subject Revised VTM#2428, an increase of 30 dwellings is proposed which equates to about 300 ADT (average daily trips) based on the 2003 ITE Trip Generation Handbook. According to the City Public Works and Engineering Dept. this translates to about 30 peak trips per day. Distributing these trips across the two access streets(Calle Malva and"D"Street) would suggest a potential increase at peak periods of about 15 additional trips (read: cars)on each street per day, a very negligible increase The Circulation.Plan of the MASP (as well as the Circulation Plan of the AASP and Circulation Element of the City General Plan) identifies the essential primary road system that will be needed to accommodate development within the plan area and surrounding growth areas of the City at this threshold. The MASP/AASP EIR determined that the circulation plans of these planning documents are for the most part self-mitigating in that 1.)Roadway alignments,road extensions,and new intersections are designed and will be built in response to traffic projected at build-out and,2.)Development projects in the Airport and Margarita Specific Plan areas will also contribute their fair share either through adopted Traffic Impact Fees,MASP development impact fees, assessments or dedications to specified roadway improvements(EIR page 3D-29).Further the traffic model used in the prior EIR assumed a"totaP worst case maximum number of dwelling units in the Margarita area based upon projected zoning and allowed land use densities and therefore the small "bump" in the proposed number of dwelling units from for this subject revised VTM will not have a significant impact on the conclusions or analysis of the document The primary self-mitigating traffic feature of the MASP is the Plan's requirement that Prado Road be extended easterly,from its current terminus just east of South Higuera Street, all the way to Broad Street, thus providing a major new divided 4-lane east-west cross town arterial connector in the southerly area of San Luis Obispo. Conditions of approval are recommended that would require improvements to Prado Road as stipulated by the MASP and MASP/AASP EIR. The project will be conditioned to provide build-out of Prado Road commensurate with the development of the subject site together with the other two developments within the Western Enclave,as required by the MASP and as recommended by the City Public Works Dept. In addition,the subject proposal's proposed street system internal to the subdivision conforms to the MASP Circulation Plan. The extension of Prado Road, as a designated "highway/regional route", together with Airport Area Specific Plan (AASP) required roadway improvements(particularly Tank Farm Road)will accommodate cumulative traffic increases in the area and will mostly maintain at the acceptable LOS of"D"or better,except as noted above regarding the intersection of Prado Road and South Higuera Street. At the time of adoption of the AASP (Ref. Resolution 9726-2205 Series) adopted by the City Council August 23, 2005, almost a year after the adoption of the MASP, it was determined potential and proposed development circumstances had changed sufficiently in the Airport Area since the adoption of the MASP, such that Level of Service (LOS) at the intersection of Prado Road and South Higuera Street would decline from LOS "D" (as found in the MASP/AASP EIR) to LOS "E". As•a result, the City Council Resolution No. 9726 (2005 Series) found that additional mitigation T-2.1 was necessary to lessen the effects of the significant impact at this intersection. This mitigation requires that the threshold for Transportation Demand Management(TDM)requirements shall be reduced to apply to employers with 25 or CITY OF SAN LUIS OBISPO 24 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTINGS\SLOUSFRkLocAL SE MNGS\TEMPORARY INTERNET Fu.FS\OLK20\FINAL INITIAL STUDY TO CITY 5-1-07.Doc /+ Armco-^'ent J Issues, Discussion and Supporting _formation Sources Sources Poten�__1 Potentially Less Than No Significant Significant Significant' hnpact ER#98-06 Issues Unless impact Mitigation Incorporated more employees. It is appropriate, therefore, that this mitigation measure applies to commercial development within the MASP to cumulatively contribute to the mitigation. However, since the subject Revised VTM #2428 does not propose any commercial development,this requirement is not directly applicable to this subdivision. Nonetheless, the proposed project would contribute cumulatively with the other two subdivisions within the Western Enclave area,to vehicular trips to streets that serve as entry/exit routes to the project site. These streets with the given improvements specified in the City's adopted planning documents and with the addition of new TDM requirements on commercial businesses within the other two traps(VTM#2342-Cowan/French and VTM#2353-DeBlauw,will serve to accommodate the added vehicular traffic. Thus,the impact from this project is less than significant. c) d) The Margarita Area Specific Plan will require that the project provides roadways that are designed and developed in accordance with adopted city standards thereby assuring predetermined standards necessary to limit safety hazards and provide adequate emergency access. In addition, the subject VTM proposes a number of traffic calming devices be incorporated into the subdivision streets in furtherance of MASP requirements for street cross sections and designs that encourage and maintain safe traffic speeds in the small neighborhood/community settings. A Condition of Approval to is recommended requiring that the final design, location, and number of traffic calming measures including bulb-outs, choke- downs, table-tops, roundabouts, neck-downs, etc. shall be reviewed and approved by the Public Works Director to assure maximize compliance and effective conformity with the MASP. Thus,there is no impact as result of the proiect. e) The project is subject to the City's parking requirements as it is outlined in the Margarita Area Specific Plan for each varying land use. The project build-out is required to fulfill all necessary parking requirements and therefore there is no evidence of inability to comply with onsite or offsite parking standards. Thus,there is no impact. f) The MASP/AASP EIR identified certain secondary impacts to pedestrians and bicyclists that could result from road improvements needed to achieve vehicular flow at intersections noted in Table 3D-10 (namely, with respect to the Western Enclave developments,the intersections of Prado Road/South Higuera Street and Prado Road/Broad Street). Such secondary impacts relate to increased crossing distances from road widening at intersections and introducing conflicts at intersections with multiple turning lanes. The MASP/RASP EIR notes such impacts can be adequately avoided by implementation of Mitigations Measures T-1.1 Design Features which,in summary,incorporate the following: 1. Sidewalks along both sides of all newly constructed streets and reconstructed streets, 2. Crosswalks (pursuant to the City's adopted "Pedestrian Crosswalk Guidelines-2000") at new and reconstructed intersections, 3. Pedestrian signals at all new and reconstructed signalized intersections,and 4. Class 11 bike lanes on all new and reconstructed streets per the City Bicycle Transportation Plan and MASP. The three Westem Enclave development projects are not directly responsible for the construction of the above described off- site intersections except through payment of City's Traffic and Development Impact Fees which contribute their respective calculated fair share of the cost. This funding source will contribute to the construction of said intersection improvements at a later time to be determined by the City. Thus,this impact is less than significant. g) The MASP has already been found to not conflict with the San Luis Obispo County Airport Land Use Plan (ALUP). Therefore, as the subject project complies with the pertinent requirements of the MASP regarding allowed land uses and development densities and standards,the project is not in conflict with the ALUP. Thus,there is no impact from this project. 16.UTILITIES AND SERVICE SYSTEMS. Would the ro'ect: a) Exceed wastewater treatment requirements of the applicable 1,2,3 X Regional Water Quality Control Board? b) Require or result in the construction or expansion of new water 1,2,3 X treatment,waste water treatment,water quality control,or storm drainage facilities,the construction of which could cause significant environmental effects? c) Have sufficient water supplies available to serve the project 1,2,3 X CnY OF SAN LUIS OBISPO 25 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTLNGS\SL0USER\1.0CAL SE-MNGS\TEMPORARY INTERNET Fazs\0LK20\FIN.AL INITIAL STUDY TO CITY 5-1-07.DDC it J Issues, Discussion and Supportik ,formation Sources Sources Poten— Potentially LmsThan No Significant Significant Significant Impact ER#98-06 Issues Unless' Impact Mitigation Inc orated from existing entitlements and resources,or are new and expanded water resources needed? d) Result in a determination by the wastewater treatment provider 1,2,3 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 1,2,3 X accommodate the project's solid waste disposal needs? f) Comply with federal,state,and local statutes and regulations 1,2,3 X related to solid waste? Evaluation: a) b) The MASP/AASP EIR determined that implementation and build out of the MASP will not result in any significant impacts related to delivery of domestic water, wastewater collection or treatment, or storm water drainagetretention and concluded that such impacts related to build-out of the MASP were less than significant and no mitigation was deemed necessary. The build-out under the MASP will be similar to that anticipated and projected in the City General Plan. The subject project proposes to provide all water, sewer and storm drain facilities necessary to adequately serve the subject project, including distribution, collection and other infrastructure capacity as required by the MASP facility master plan and the City's Storm Drain Master Plan/Waterway Management Plan. There is no new evidence that the subject project, as intended by the MASP will result in any adverse impacts to these service systems nor result in any exceedances of RWQCB wastewater treatment requirements. In addition to the on-site utility service infrastructure required with the development, the project is subject to City and MASP established Development Impact Fees that are charged in conjunction with approval of development projects to offset costs associated with off-site city-wide utility system impacts related to needed periodic tnainienance and upgrades. Thus,there is no impact. c) Provisions in the City General Plan and MASP ensure that an adequate quantity of water will exist before any development is allowed. Moreover, the City has adopted the Water Allocation Regulations to insure that increased water use by new development will not cause inadequate water service to existing and future customers. Section 17.89.030 of the Water Allocation Regulation 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. This project is also subject to water impact fees which were adopted to ensure that new development pays its share of constructing additional infrastructure needed to support additional facilities. More specifically, the project is subject to both the citywide water impact fees and the MASP-specific water add-on fees. Thus, compliance with the City and State standards and requirements will assure that impacts related to water supplies are less than significant. d) The City wastewater treatment plant and existing and proposed sewer lines in the vicinity and within the project site have sufficient capacity to serve the project site. The developer will be required to construct on-site sewer facilities according to the Uniform Plumbing Code standards. Impact fees are also collected when building permits are issued to pay for capacity at the City's Water Reclamation Facility. The fees are set to offset potential impacts associated with increases in demand and use by each new residential unit in the project. Thus,there is no impact. e) Solid waste collection within the City will be provided by a private operator under a City franchise and disposal is expected to continue at Cold Canyon Landfill until 2018. The project must be consistent with the City's Source Reduction and Recycling Element which requires that recycling facilities be accommodated on the project site and a solid waste reduction plan for recycling discarded construction materials must be submitted with the building permit application. The project is also required by the ordinance to include facilities for recycling to reduce the waste stream generated by the project. Thus,there is no impact. f) The project will fully comply with existing federal, state, and local statutes and regulations related to solid waste. Thus, there is no impact. 17.MANDATORY FINDINGS OF SIGNIFICANCE. CnY OF SAN LUIS OsisPO 26 INITIAL STUDY ENVIRONMENTAL CHECKLIs-r ER 98-06(VTTM#2428-King) C:00CU.MENTS AND SET7INGS\SL0USER\L0CAL SETTINGS\TEMPORARY INTERNET FILES\0LK20\ANAL INITIAL STUDY TO CITY 5-I-07.DOC /-11r Issues, Discussion and Supporting ..formation Sources Sources Poten"4 Potentially Less Than No Significant Significant Significant Impact ER# 98-06 Issues Unless Impact Mitigation Incorporated a) Does the project have the potential to degrade the quality of the 1,2,3, X environment,substantially reduce the habitat of a fish or wildlife 12, 13 species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehist ? b) Does the project have impacts that are individually limited,but 1,2,3, X cumulatively considerable? ("Cumulatively considerable"means 4 that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects,the effects of other current projects,and the effects of probable future projects) c) Does the project have environmental effects which will cause 1,2,3, X substantial adverse effects on human beings,either directly or 4 indirectly? CITY OF SAN LUIS 09ispo 27 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C.\DOCUNIENTS AND SETTINGS\SLOUSER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\0LK20\FtNAL INITIAL STUDY TO CITY 5-1-07.DOC 1-114? Issues, Discussion and Supportir% ..Aormation Sources Sources Potent Potentially t.ess Than No Significant Significant Significant Impact ER #98-06 Issues unless Impact Mitigation In orated I&EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. In 2004 the City of San Luis Obispo certified an Environmental Impact Report for the Margarita Area Specific Plan(MASP), the Airport Area Specific Plan (AASP) and the related Facilities Master Plan. The subject proposed VTM #2428 property lies within the boundaries of the MASP. Therefore, this prior MASP/AASP EIR evaluation considered impacts and mitigation related generally to potential development of the subject site and others pursuant to the MASP and related Facilities Master Plan. The prior EIR, certified by the City Council along with the adoption of the MASP, AASP, and Facilities Master Plan on October 12,2004,by Resolution No.9615(2004 Series)contained a variety of mitigation measures to be incorporated as discrete components of the MASP or as policies or development standards to be implemented through site specific development proposals. Further on August 23,2005,by Resolution No. 9726(2005 Series),the City Council re- certified,with additional mitigation,the MASP/AASP EIR for the Airport Area Specific Plan(AASP),and adopted the Plan. The California Environmental Quality Act (CEQA) allows Lead Agencies (the City) to use the analysis of general matters contained in a broader EIR, such as for a general or specific plan, with later EIRs or Negative Declarations on narrower projects; incorporating by reference the general discussions from the broader EIR, and concentrating the later EIR or Negative Declaration solely on the issues specific to the later project. The environmental assessment approach is refereed to as"tiering". The environmental analyses above for VTM#2428 take into account the environmental conclusions of the prior EIR as they are applicable to the proposed site specific project. As such,mitigation measures adopted in the prior EIR that are applicable to the subject site-specific project, and therefore must be incorporated into the proposed project to effectively mitigate the prior identified impacts, are listed below. Some of these mitigation measures are verbatim from the prior EIR, others have been refined to more specifically clarify how they are applicable to the site specific project by way of Conditions of Approval, in order to be properly implemented. Lastly many of the applicable mitigation measures required by provisions of the MASP have been incorporated by the applicant into the actual project subdivision design, making the project "self-mitigating" in these instances. The Airport Area and Margarita Area Specific Plans and Related Facilities Master Plan Final Program EIR is available for review at the City of San Luis Obispo Community Development Department, City Hall, 990 Palm Street, San Luis Obispo,CA 93402-3249. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. The MASP/AASP EIR (prior EIR), (which included the sites of the three proposed subdivisions within the Western Enclave area,) was certified by the City Council on October 12, 2004, thereby determining that the EIR adequately analyzed the impacts listed in Column No. 1 and that mitigation was required for certain identified impacts,as noted. (If a potential impact was found by the MASP to not be significant, or has been found by the above-stated analyses to not be significant for the subject project, it is noted with strikethrough text. One impact/mitigation originating from the Certified EIR for the AASP— Impact T-2 regarding Transportation Demand Management for exceeding LOS"D",is also applicable to the MASP. Column No. 2 indicates whether mitigations were required due to the impact being significant. Column No. 3 indicates status of impact after mitigation specified in the prior EIR. Column No. 4 indicates if there is a specific provision of the MASP that serves to implement or achieve the required mitigation. Column No.5 reflects whether the site specific VTM,as designed or proposed,complies with the MASP mitigation("complies")or whether a Condition of Approval("COA")is required to bring arequired mitigation forward through the project approval or subsequentpermits: CITY OF SAN LUIS OBISPO 28 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(MM#2428-King) C:\D000MENTS AND SErnNGSLSLOUSER\LOCAL SERINGS\TEMPORARY INTERNET FILES\OLK20\FINAL INITIAL STUDY TO CITY 5-1-07.DOC /-/Ow Issues, Discussion and Supporting_..Armation Sources Sources Poten.__� Potenti"y__ Less Than No Significant Signifitant u ER#98-06 Issues Unless Mitigation Incorporated MASP/AASP EIR-Identified Mitigation Impact after Areas of Potential Impact Required? Mitigation MASP Provision? Site Specific? 1.)Land Use and Aesthetics -LU-6 Change in Views "none feasible" SU Open Space&Parks complies -LU-7 Increased light&glare yes L-T-S Lighting Stnd.3.3 COA 2.)Hydrology and Water Quality -H-4 Changes in course or "none feasible" SU Drainage 7.3 complies,COA direction of water move- ment 3.)Biological Resources -BIO-2 Valley Needlegrass yes L-T-S Open Space&Parks complies,COA -BIO-5 Open Water Habitat yes L-T-S Open Space&Parks complies,COA -BIO-6 Freshwater Marsh yes L-T-S Open Space&Parks complies,COA -BIO-7 Seasonal Wetlands yes L-T-S Open Space&Parks complies,COA -BIO-11 Special-Status Plants yes L-T-S Open Space&Parks complies,COA -BIO-12 Non-listed Special-Status yes L-T-S Open Space&Parks complies,COA Wildlife -BIO-13 Calif.red-legged frog yes L-T-S Open Space&Parks complies,COA -BIO-17 Southwestern pond turtle yes L-T-S Open Space&Parks complies,COA 4.)Hazardous Materials -HAZ-1 Construction Related yes L-T-S not specified COA -HAZ-3 Accidental Releases yes L-T-S not specified COA Notes:SU=Significant,Unavoidable(Statement of Overriding Considerations adopted),L-T-S=Less than Significant Each of these impacts listed is also relative to the subject project. No new impacts for the subject project have been identified and no new mitigation measures are needed. 19. SOURCE REFERENCES. 1. Margarita Area Specific Plan/Airport Area Specific Plan,and Final EIR 2. The City of San Luis Obispo 2004 General Plan/EIR and all its adopted Elements 3. City Council Resolution#9615,2004 Series 4. City Council Resolution#9726,2005 Series 5. SLO Municipal Code 6. SLO Zoning Ordinance,2004 7. SLO Construction Codes,2002 8. SLO Community Design Guidelines,2003 9. SLO Subdivision Regulations, 1985, 1993,2006 10. SLO Archaeological Resources Preservation Guidelines, 1995 11. Farland Mapping and Monitoring Program of the California Resources Agency 12. Biological Assessment for Kine Vesting Tentative Tract May No 2428 APN•076-331-015 City of San Luis Obi o San Luis Obispo Coun California,Althouse&Meade,Inc.,July,2005 13. Wetland Declination for King Vesting Tract May No 2428 APN•076-331-015 City of San Luis Obispo San Luis Obispo Cognty California,Althouse&Meade,Inc.,July,2005. CITY OF SAN LUIS OBISPO 29 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) CADOCUMENTS AND SETTLNGS\SLOUSER\LocAL SETTINGS\TEMPORARY INTERNET Fn.Es`OLK20\FWAL INITIAL STUDY TO CITY 5-I-07.Doc 1_12-/ � i Attachment 6 _ - issues, Discussion and Supporting.. ormation Sources Sources Poten.--_' Potentially _ Less Than No Significant Significant 3iicantlraot' Issues Unless impact ER#98-06 Mitigation Incorporated 14. Phase I Environmental Site Assessment APN:053-022-016 San Luis Obispo,California.Proiect No. SL04955-1, GeoSolutions,Inc.,June 27,2005. 15. Affordable:Housing Proiect:Margarita Annexation and Specific Plan Area,San Luis Obispo,California,Dave Watson,AICP,June,2005 16. Addendum and Update to Hydrologic and Hydraulic Analysis Report for the Margarita Area,San Luis Obispo County,TEC Civil Engineering Consultants,October,2005 and August 22,2006 update letter to Rob Livick,P.E. Cily of San Luis Obisgo from Mike Britton P.E.TEC Civil En 'neerin Consultants. 17. Soils Engineering Report,Tract 2428 Margarita Avenue Area,APN:076-331-015,San Luis Obispo,California. Project.SL02258-1,GeoSolutions,Inc.,June 11,2005. 18. An ArchaeologicalSurveyfor the Margarita Area Specific Plan,Western Enclave.Area,San Luis Obispo,San Luis Obis o Coun California,Heritage Discoveries,Inc.,May 31,2005 Attachments: Attachment 1: Vicinity Map Attachment 2: Revised Vesting Tentative Tract Map No.2428(City File No.TR 98-06) Attachment 3: Letter from TEC,Civil Engineering Consultants,August 22,2006 regarding update to: Addendum and Update to Hydrologic and Hydraulic Analysis Report for the Margarita Area,San.Luis Obispo County, TEC,Civil Engineering Consultants,October 20,2005(Technical Appendices available for inspection at City Hall, Community Development Department, 990 Palm Street, San Luis Obispo, CA) Other source documents listed above which are not included as attachments are available upon request from or may be viewed at City Hall,Community Development Department,990 Palm Street,San Luis Obispo,CA,93401 REQUIRED MITIGATION AND MONITORING PROGRAMS 1. Reduction of Light and Glare In order for MASP/AASP EIR Mitigation Measure LU-7.1 as implemented by the MASP to be carried through to lot- specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for the project for the review and approval by the Architectural Review Commission(ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent property lines. • Monitoring Program: The ARC will review development plans for the project. City staff, including Planning and other departments, will review plans to assure that all the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed and maintained pursuant to the approved lighting plan.. 2. Preparation and Implementation of"Comprehensive Biological Mitigation Program„ Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off-site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP/AASP EIR, the adjacent approved VTM #2342 (Cowan) provides a lot in an area designated by the MASP for "Open Space- CITY OF SAN Luis OBISPo 30 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:\D000MENTS AND SETTINGS\SL0USER\1_0CAL SETTINGS\TEMPORARY INTERNET F[LEs\OLK20\FINAL INITIAL STUDY TO CITY 5-1-07.DOC /—/.2 AffacP g Issues, Discussion and Supporting . I&ITIation Sources sources Potence;- Potentially' Less Than No Significant signifirtanf:- SigLiifieAnt; IFFZER#98-06 Issues Unless . -Impact,,. Mitigation in orated Riparian"for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. Mitigation for Impacts to Creek Habitats. Mitigation for impacts creek habitats will be through a combination of on- and off-site mitigation,approved by the City,the DFG and the Corps. Mitigation for Impacts to Serpentine Bunchgrass Habitat. A mitigation program involving restoration of serpentine bunchgaass habitat at an identified area in the so-called "saddle" in the King property's open space parcel, shall be required. This area occupies between one-half and three-quarters of an acre. The program would at a minimum, replace the existing non-native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills open space parcel (Lot 178) through mechanisms such as fencing, trail realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to the open space Lot 178 to the City of San Luis Obispo as permanent open space as part of the project. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish.City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern shall be required as follows: Palmer Spineflower. None required. Brewer Spineflower. None required. Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposi Lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space;consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off-site location approved by the City,or consider lot adjustments to protect the major portion near lots 121, 122, and adjacent multifamily lot. On Sept. 5, 2006, the SLO City Council authorized as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of adobe sanicle occasioned by the proposed revised VTM#2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best site for relocation of the adobe sanicle because Laguna Lake Park has a fairly large area of habitat suitable for the adobe sancle. Further, the adobe sanicle already occurs there naturally. Congdon Tarplant. Create compensating habitat in a suitable off-site location approved by the City. On Sept. 5, 2006, the SLA City Council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by the proposed revised VTM#2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best site for relocation of the Congdon tarplant because the City has already successfully conducted mitigation efforts at Laguna Lake Park for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. Loggerhead Shrike. Remove myoporum tree before nesting season. -Note: See discussion above under checklist Discussion Item No. 4. "Biological Resources"for information related to partial completion of this mitigation measure regarding the adobe sanicle and Congdon tarplant. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities;avoid construction activities within 100 feet of active nest sites until after young have fledged. Off Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space-Riparian" lands). The targeted property (lying south of Prado CRY OF SAN Luis OBISPO 31 INITIAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) C:\DOCLI.MENTS AND SETTINGS\SLOUSER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\0LK20\FINAL INITIAL STUDY TG CITY 5-1-07.DOC Atta!; jment g I Issues, Discussion and Supporting ormation Sources Sources Potent.�y PotcntigD lxss_Than No Significant Signific==ant- -Ail, 'S ca}it'' `' ach ` -' ER#98-06 Issues Unless Impact*` Mitigation Inco orated Road and owned by Unocal)is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre-development run-off has resulted in seasonal flooding of Prado Road due to they currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off-site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post-Western Enclave development generated run-off. Itis proposed that this basin be enhanced to accommodate the greater project-generated and pre- project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. • Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on-site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP/AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities,the applicant shall also initiate and complete for approval by the City pre-construction surveys for nesting birds and adhere to performance standard specified in the mitigation.Provisions for required off-site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map.Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. 3. Preparation and Implementation of a"Construction-Related Hazardous Materials Management Plan" As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they are known, siteldevelopment- specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction-related activities, the project proponent will cause Mitigation Measure HAZ-1.2 to be activated. Mitigation Measure HAZ-1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility(e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil andlor groundwater contamination. a. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD)will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. Cmr OF SAN Luis Ostspo 32 INmAL STUDY ENVIRONMENTAL CNECKLIST ER 98-06(VTTM#2428-King) C:\DocumE'TS AND SETTLNGS\SLOUSERU.00AL SETnNGS\TEMPORARY INTERNET RLFS\0LK20\FINAL INITIAL STUDY TO CITY 5-1-07.Doc /-`.2y Attachment 6 Issues, Discussion and Supporting-.,..or kation Sources Sources Potent..,. Potentially LessThw No Significant Significant"' 'SignificantA1_Impact Issues Unless' `6np5M"` • • – ER#9&06 - N itigation Ino orated b. Groundwater Contamination. For groundwater contamination, the Phase 11 assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. • Monitoring Program: The "Construction-Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to"Stop Work"(cease and desist)orders as may be issued under the authority of the City Fire Department. CITY OF SAN Luis OBISPO 33 INMAL STUDY ENVIRONMENTAL CHECKLIST ER 98-06(VTTM#2428-King) 000CUMENTS AND SETTINGS�SLOUSERVLOCAL SErnNGS\TEMPORARY INTERNET FILES%0LK20\FIN.AL INITIAL STUDY TO CITY 5-1-07.DOC /-11Z—r I !I. AtiarcJ!vpnt u s r�d h1M �� .Y.Y.Y.^`.S.i.:"S'FGC.HnL•uv. �!.:rS_-..�-� V GOS-40 1P d' O ., o,_ ro Pk,r• �.i o _P �� 3r •_ cQ �-d' 3 - a fl -' - � .ws�w, ,$a°n o;�^�Mal�-R o'd[•,�o`� �;r��� yS�, e>eC" 44 �tT� gd�� F`bn 4�Pyel.�r �' o we < o a d•'. ee d _ ye � s-y„ - y_,"fie o g ��,;,w , `b • �o .'.�y+,� c^ a "o" ,alba y a P 3 yr 0 0 e"}�VP yA s •,a py ; .p �" >fS,�t' give b h8� �<w�'- - o �•L t tlw '�'r ge s�a°. tw F° g e'&d���, O`t e�. B° 5, .p m e . e :9°..� e 1 � g tl SOT' sn5 k�a aC dGary� � �"e B- ALL N R-2-SP R-3-SF a S 1 R-1 1 S R-3-SP 414RITq 0 RS-SP R R-1-SP R-1 AZ R-1 SP R-1-SP -1-S R-2-SF R-2 C/ S SP O-SP R-2-SP O-SP Oo 3000 caa ME WE Attachment J �I $ a .... Im Owo a g `elWi f s . ' ,,, �--/ ! /✓ / 111 f /�� J///, // ; On) '/�, _�✓'f/{"�!, 111 v �-�-'"��-_�✓i^''�• i O / A / ��Ifl' /7" �%ram / J ,�/./. if /• !, io//. o l`ad�y���✓/�a 5 •J'� -Pl�/'� / / '� T /, 4r '',�JI • r '✓//r k / s/vii i �� J^ ?� V'• Y �/�/,;�( 71 ��. '��// r/✓./� '!'�/�/ I - rte-- _ v/ ? ./ / {� I`u � � /� �i�/'!✓/' + I .�', � .�/ �4 ��� i/ � •v A%'mac% . '•,� .rte ---� V� r„, �/' /g'/ �''� � �, ��, /� /�, - 0 . e � IBYI ILII 1 .•/� / U, i ``, // if��-` I i;l I It }p _ /i, - {',��, ;rllllfi ;'i�' IIl111 ' ,' I. �' '-; ;/ Ivi •.$I; • % I/1 % l� I I: /)°. r / iv ,(•,'.. � L'.� , / 11 ( r ll� :JIppt f°/tai/"l ' ij�/�%' Iv, ! ,-•-=- 1 r /i/ p_/v✓d ///i l� / � 1 (y JL4 �' I �1 ; e' r CIVIL Water Rights/Water-ResourGes' ENGINEERING Land Use Planning CONSULTANTS Surveying August 99, 2006 Rob Livick, P.E. City of San Luis Obispo San Luis Obispo, CA Dear Mr. Livick: TEC Civil Engineering Consultants has analyzed the changes in the quantity of runoff due to the densification of Tract 2428 and how it will affect the proposed conveyance and detention facilities. In its undeveloped state the peak flow from the King Parcel is 271 cfs. The predicted runoff for a 100-year storm for the original development plan is approximately 301 cfs and 315 ds for newly proposed development plan. These results are summarized in Table 1, and a map showing the tributary areas is shown in Figure 1. The original development plan would require a retention basin capable of storing 203,656 ft3. Under the newly proposed qosed development plan the basin requirements would be 238,207 fe, an increase of 34,551 ft . These results are summarized in Tables 3—4. All volumes were calculated as the difference between inflow and outflow hydrographs. Table 5 shows a comparison of required storage volumes for the original and newly proposed development plans. The existing storm drain for-Tract 400 is shown in Figure 2, and the analysis is shown in Table 2. In order to handle the increased flows from the densified development plan, Pipe A would have to be replaced with a 48"pipe., All of the other improvements proposed in the original development plan will adequately handle the increased flows from the newly proposed plan. Regards, �OQFtOFN. Michael N. Britton, P.E. 0 LU C66 EXP. clvl\. 4115 South Broad Street B-1,San Luis Obispo,CA 93401 • PH (805)481-1964- FX(805)481-9146 t I � 4 ,J .,F a. t �� y ✓ s,�#• pq „� 'I 1 11 +r b� k Ji Iv'/D w .rJli lli�v r� 1 rJ' l Sr /4lt�iNth Ili .)iiii��y,y� �Aw� x/ ^H_I ) 'IFl J �^>t I�•r i 4 _ ..'iyF.tf vl T t L owns ■ ■ '� � 111 +'� ■>✓'a {a 1F : � yV{f� �� b'r' -�'I�;r i�+I '^ ?�+ 1� r� it l,/ ��t.IMC 71� t iJ`fl trt li`r 4'rs a�J n e s �K x 1Y ,tiM p T:�(' � yy 1' Sleg '/21Y77Ii, Fp Rilr et .t !{' I a r it� �• i {K-(x91 J�'.!L�'v4��fW'}<r ,y {:rye tk.+.d i i I!< � � � .,,,+t�}c'? ,�{�" (l v r—aus- ^-�-sr•1' ie xi 1-]tTaxt dF K "t ix�'`� -•• li. � `F ` �'V�N ar 7^''a+W..aJ'9I+i�+'�y^�Jcs�� '1s..a� k '.4'^' `f♦p_k^'€'s "'��F � 1 ,` � �+f .li ,yrl <`y? ..spy'�l x 1 �� .Y .r a s,��1.`�'��1� � �-,� ■ � �:�� � .s J;''l�pfi� a'^'¢"•{A1 1"..�',�`�✓� f a�.:i� x r � "`r fila '?� ItAr. '� ��� d11 1, � �'' ��� 'A"6'n`�v���f:.'. V+I-'+i'a"�t,.r,:�'y • � Attachment 6 " � IN ERI G=••:.. -•.-�-<a:`accu:0 CONSULTANTS King—Tract 2428 145.10 INV 139.00 INV p. / 4 OO -- .INy Pipe A --- — --- Pipe B i V. A II GALLE I :LUPITA J . — Pipe C rl -ear War rME TR 400' 1 rm; '990.9a INY .. _ a, ! I I ' a2 ca wv — — s DeBlauw—Tract 2353 I?010 WY Pipe D MargaFL rita yer.II' 139:!0 OIV V '.r ME 1 119.41 INV �� ' New ,• Pipe F I � I + ! .� ".•�.: Pipe E ArZi --_ -- 1 `_.PAM I o 90 Wv Pipe E Cowan —Tract 2342 Figure 2. Existing Stone Drain System of Tract 400 Attachr-nent 6 Storm Pre-0 (cfs) Post-Q(cfs) AQ(cfs) Post-Q (cfs) AQ(cfs) Increase in Event Original Proposed Q (cfs) 2-year 34.47 46.93 12.46 53.21 18.74 6.28 10-year 78.81 100.80 21.99 108.34 29.53 7.54 25-year 114.42 131.79 17.37 139.54 25.12 7.75 50-year 135.82 153.60 17.78 161.39 25.57 7.79 100-year 157.42 175.44 18.02 183.21 25.79 7.77 ..... .... .. Storm Pre-0 (cfs) Post-0 (cfs) AQ(cfs) Post-Q (cfs) AQ(cfs) Increase in Event Original Proposed Q (cfs) 2-year 11.11 15.05 3.94 16.85 5.74 1.80 10-year 22.89 32.18 9.29 34.17 1128 1.99 25-year 36.57 42.01 5.44 43.96 7.39 1.95 50-year 43.37 48.93 5.56 50.81 7.44 1.88 100-year 50.22 55.86 5.64 57.65 7.43 1.79 Storm Pre-0 (cfs) Post-0(cfs) LAQ(cfs) Post-Q (cfs) AQ(cfs) Increase in Event Original Proposed Q (cfs) 2-par 11.66 14.72 3.06 17.77 6.11 3.05 10-year 28.39 32.44 4.05 36.04 7.65 3.60 25-year 38.40 42.71 4.31 46.37 7.97 3.66 50-year 45.53 49.96 4.43 53.6 8.07 3.64 100-year 52.73 57.23 4.50 60.81 8.08 3.58 ----------- ---------- .... Storm Pre-0 (cfs) Post-0 (cfs) AQ(cfs) Post-Q (cfs) �Q(cfs) Increase in Event Original Proposed Q (CIS) 2-year 2.54 3.20 0.66 3.93 1.39 0.73 10-year 6.18 7.06 0.88 7.96 1.78 0.90 25-year 8.36 9.30 0.94 10.24 1.88 0.94 50-year 9.91 10.88 0.97 11.84 1.93 0.96 100-year 11.48 12.46 0.98 13.43 1.95 0.97 R Storm Pre-0 (cfs) Post-0(cfs) AQ(cfs) Post-Q (cfs) -/M(cfs) increase in Event Original Proposed a (cfs) 2-year 59.78 79.9 20.12 91.76 31.98 11.86 10-year 136.27 172.48 36.21 186.51 50.24 14.03 25-year 197.75 225.81 28.06 240.11 42.36 14.3 50-year 234.63 263.37 28.74 277.64 43.01 14.27 100-year 271.85 300.199 29.14 315.10 43.25 14.11 Table 1. Pre-and Post-developed flows for original development plan and densified development plan. 1-131 ----- ----- -- , Attachm ,ent 6 L _ Tract 400.Existing Storm Drain S em Size Slope µ Tributary Flow Rate Depth Percent Full Capacity (in) Area (cfs) of Flow in Full (cfs) Pipe A 36 2.39% Al 78.81 21.07 58.53% 89.36 Pie B 30 2.36% A2 .22.89 13.54 45.13% 54.61 Pi e C 30 1.59% A3+A4 .29.27 17.74 59.13% 44.82 Pipe D 42 2.29% 1 Pie B+ Pi e C 52.16 18.19 43-31% 133.95 _EtLE E 42 _0.30%1 Pipe D+A8a 1 66.9 1 Pipe Undersized 47.75 Pipe F 42 0.40% Pipe A+AM+Al2 1 104.52 1 Pipe Undersized 55.14 Size Slope Tributary Flow Rate Depth Percent Full Capacity (in) Area (cfs) of Flow(in) Full (cfs). Pipe A 1 36 12.39% Al 100.80 24.97 69.36% 89.36 Pipe B 36 2.36% A2+A3 64.62 22.78 6328% 88.80 Pipe C 30 1.59% A4 7.06 8.07 26.90% 44.82 Pipe D 42 2.29% Pipe B+ Pipe C 71.68 22.06 52.52% 133.95 Pipe E 42 0.30% Pipe D+AM 1 89.42. Pipe Diverted 47.75 Pi e F 48 1.50% Pi e_A+A8b+Al2 1 126.51 1 33.37 1 69.52% 152.47 Tributary Flow Rate Depth Percent Full Capacity Size Slope (in) Area (cfs) of Flow (in) Full (cfs) Pipe A 48 12.39% Al 108.34 25.76 53.67% 192.45 Pipe B 36 12.36% A2+A3 70.21 24.04 66.78% 89.36 _EtLL C 30- 1.59% A4 7.96 8.56 28.53% 44.82 Pipe D 42 2.29% 1 Pie B+ Pi e-C 78.17 23.26 55.38% 133.95 Pipe E 42 0.30% .Pipe D+A8a 1 95.91 1 Pipe Diverted 47.75 Pipe F 48 1.50%1 Pipe A+Aft+Al2 1 134.05 1 34.92 r 72.75% 152.47 Table 2. Pre-and Post-Developed Evaluation of Tract 400 Storm Drain System for a 10-YearStorm. }t � � Attachment 6 r ftWMWMW9N 711 W. :. OW401 Qz 259.11 . 323.63 64.52 174,782 252- Q10 570.10 634.44 64.34 203,656 569 L±754.83 813.02 58.19 184,091 753 886.05 938.37 52.32 180,001 885 018.17 1063.73 45.56 180,932 1011 Table 3. Pre-and Post-Developed Flows and Storage Requirements for the Entire Margarita-Area Original Development Plan. Pry- ' .e 1. r • a.� -`„� `"'tapeY�' . 02 259.11 332.91 73.8 172,213 256 Qio 570.10 647.58 77.48 207,186 567 Q2Z5 754.83 826.36 71.53 238,2_07 745 050 886.05 951.66 65.61 189,557 870 Qtoo 1018.17 1076.86 58.69 207,457 1014 Table 4. Pre-and Post-Developed Flows and Storage Requirements for the Entire Margarita Area New Proposed Density Development Plan. *Differences calculated by subtracting the pre-developed flow from the post-developed flow for each stone event(i.e. 10-year post-developed flow- 10-year pre-developed flow "Required storage calculated as the area between the inflow and outflow basin hydrro7graphs lr 311;4 Q2 174,782 175,986 1,204 Q10 203,656 207,186 3,530 025 184,091 238,207 54,116 Q50 180,001 189,557 9,556 Q100 180,932 207,457 26,525 -`max 203,656 238,207 34,551 Table 5. Comparison of Post-Developed Storage Requirements for the Entire Margarita Area for the Original and Newly Proposed Density Development Plans. Attachment 7 9 ORDINANCE NO. XXX (2007 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE MITIGATED NEGATIVE DECLARATION AND AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM R-2-SP and C/OS- SP TO R-2-SP-PD AND C/OS-SP-PD, ON APPROXIMATELY 10 ACRES AT 3000 CALLE MALVA, MARGARITA AREA SPECIFIC PLAN (PD 98-06; KING VENTURES) WHEREAS, the Planning Commission conducted a public hearing on May 23, 2007, and recommended approval of the Mitigated Negative Declaration and amendment to the site's Zoning as shown on Exhibit A; and WHEREAS, the City Council held public hearing on July 3, 2007 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan, the purposes of the Zoning Regulations and other applicable City ordinances; and WHEREAS, the City Council has considered the project's Mitigated Negative Declaration of environmental impact; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council makes the following findings: 1. The project is consistent with the General Plan and the applicable Margarita Area Specific Plan, and the proposed land uses are allowed within the applicable primary zoning districts, both existing and proposed. The project provides exclusively residential and open space land uses on the subject site as required by the General Plan, MASP, and applicable zoning districts, accommodating the prescribed residential density ranges for Low, Medium and Medium-High Density land use designations, along with a pro-rata share of Affordable Housing required for the Western Enclave area of the MASP, and preservation of open space as prescribed by the MASP. 2. The project complies with all applicable provisions of these Zoning Regulations including those modifications as authorized herein by utilization of the PD Overlay rezoning. 3. The approved modifications to the development standards of Zoning Regulations through the PD Overlay are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts, because doing so enables concentrating more units within the central portion of the site to achieve higher densities prescribed by the MASP while maintaining larger lots and maximum setbacks in perimeter lots for privacy protection to adjacent developed areas Attachment 7 Ordinance No. (2007 Series) ° +" Page 2 ��.x,..u�.z•:+...�..--..,:,.,,<<.....>.���,.. and allowing the open space lots to be centered on the alignment of the three drainage ways in their natural state without relocation. 4. As conditioned, the project complies with all the applicable City Design Guidelines. Further, the PD rezoning areas includes detached and attached single family construction that follows the MASP Design Guidelines, including use of shared driveways, Craftsman architecture utilizing wood and stucco exteriors, one and two-story buildings, front and back porches, side and rear-loaded garages facing away from public streets, and common landscaping designs. 5. As conditioned all affected public facilities, services, and utilities are adequate to serve the proposed project, particularly as relates to other already approved subdivisions within the Western Enclave of the MASP, for which the utility, services and infrastructure needs were designed comprehensively and in coordinated manner. 6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan and Margarita Area Specific Plan because the subdivision design is respectful of adjoining, established neighborhoods by placing fewer and larger lots next to these developments and accommodating the minimum required rear yards prescribed in the MASP. Grade elevations have also been modified by the revised subdivision design so that new buildings do not "tower" over established neighborhoods. 7. The site is suitable for the project in terms of size, configuration, topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use, since the sloping constraints of the site have been designed predominantly as a single- family, detached-style development. Access streets to the subdivision and connections to adjacent existing and approved development are entirely consistent with the MASP Circulation Element requirements and prior EIR conclusions with respect to location and capacity, including provisions for construction of the Prado Road extension to Broad Street. 8. The establishment, maintenance, or operation of the proposed project, as conditioned, will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City because, once completed, the project will be a logical and appropriate expansion of the desired design and character of the residential neighborhoods of the community as prescribed by the General Plan and MASP. 9. The project incorporates a minimum of two of four mandatory features to qualify for PD Overlay Zoning as follows: ��3s p: Ordinance No. (2007 Series) Attachment 7 Page 3 a. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-half acre. The project proposes the creation of 6 lots that will encompass a total of 73 acres (about 73% of the total site) for open space use pursuant to the requirements of the MASP. A donation of one such lot, Lot 178, comprising 71 acres along the south face of the South Hills, has already been offered to and accepted by the City as a conservation easement and ultimately, fee title. This lot will be preserved as a permanent open space, the use of which will be enhanced through maintenance of wildland fire green-breaks, controlled public access and connection to other linear open space lots, centered on the site's three existing drainage ways, via a system of trails/paths connecting to and through adjacent existing and approved subdivisions consistent with requirements of the MASP. b. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the City. The project includes development of trails, public streets, public parking, habitat enhancement and open space/wildland fuel management as a part of the construction and on-going operation of the residential/planned development project. Public benefits will accrue from the project's preservation of natural creek channels largely in their natural form and location, and a carefully integrated parallel storm water runoff collection system (serving the entire Western Enclave development), and introduction of paths and trails to allow public access to these areas, while also accommodating the public benefit of access to and management of these waterways by the proposed Homeowners' Association for the tract. and Western Enclave. SECTION 2. The Zoning Map Amendment is hereby approved and thecentral approximately 11 acres of the property rezoned to Planned Development (R-2-SP-PD and C/OS- SP-PD) as shown on the attached Exhibit A subject to the following conditions and conditions of approval as set forth in Resolution No. XXX(2007 series) approving related VTM No. 2428. 1. Minimum lot widths in the R-2-PD zone shall be 35 feet. 2. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of-way and no less than 20 feet to the garage that has access to the public street. 3. Street-side setbacks on private streets shall be no less than 5 feet to the residence and no less than 20 feet to the garage from centerline of the private street for lots 117 through 137; for all other lots, no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all other non-street fronting side and rear yard setbacks. 4. Except for driveways in front of garages or where guest parking is provided, all yard setback areas shall be landscaped. /36 Attachment 7 Ordinance No. (2007 Series) Page 4 5. Lot coverage by structures shall be no more than 75% of total net lot areas, excluding garages and carports, patios, decks and roof overhangs. 6. Upper floor setbacks from property lines need not be more than as required for the ground floor portion of the structure. 7. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet. 8. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet). 9. Driveway depths for garages facing private streets shall be designed to accommodate a parking space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the common area portion of the drive or street. Variations of design to meet this performance standard will be subject to approval of the Community Development Director and final plans shall be reviewed and approved by the ARC. 10. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. 11. Development within the central Planned Development overlay area shall be developed consistent with plans dated January 2007 on file at the City Community Development Department, except as otherwise required by mitigations and conditions set forth herein and by Conditions of Approval required in Resolution No. XXX approving the Vesting Tentative Map No. 2428. SECTION 3 A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five(5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of the thirty (30) days after its final passage or upon final approval of the annexation by the Local Agency Formation Commission, whichever occurs later. INTRODUCED on the _ day of 2007, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo at its meeting held on the day of 1 2001, on a motion of seconded by and on the following roll call vote: AYES: NOES: Ordinance No. (2007 Series) Page 5 Attachment 7 ABSENT: Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: Ci*LAtro'mey Jonathan P. Lowell G:/CD-PL-AN/Ddavidson/Council/CCOrdKingVenmres7-3-07 Existing - . . . • - ' R- SPD and _ C/OS SP-PD' ' r . s Proposed � - . i Attachment 8 RESOLUTION NO. XXXX 2007 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING VESTING TENTATIVE TRACT MAP NO. 2428 (MODIFIED) FOR PROPERTY LOCATED AT 3000 CALLE MALVA (TR, PD, and ER 98-06) WHEREAS, the City Council of San Luis Obispo on May 15, 2007, by Resolution No. 9897, accepted a conservation easement, and ultimately fee title, to the 71-acre open space lot (Lot 178) donated to the City of San Luis Obispo by the project applicants, John E. and Carole D. King, as an integral part of their project; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 23, 2007, and recommended, by Resolution No. 5481-07, approval of Application TR/PD/ER 98-06, a request to change the zoning district on the central approximately 1 I acres of the site from R-2-SP and C/OS-SP to R-2-SP-PD and C/OS-SP-PD, and subdivide a 99-acre site into 178 lots; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo; California, on July 3, 2007, for the purpose of considering Applications TR, PD and ER 98-06; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings in support of approving the proposed project: Subdivision Map Findings 1. As conditioned, the design of the vesting tentative tract map is consistent with the General Plan because the proposed project respects existing site constraints (slope, creeks, wetlands, significant trees), will incrementally add to the City's needed residential housing inventory, result in parcels that meet density standards, and will be consistent with the density and lot sizes established by the Margarita Area Specific Plan. i-IY6 I Attachment 8 Resolution No. XXX (2007-�ieries) Page 2 2. The site is physically suited for the proposed type of development allowed in the R-I-SP, R-2-SP, R-3-SP, and the requested R-2-SP-PD residential areas as well as the C-OS-SP, C- OS-40-SP, and requested C-OS-SP-PD open space zones because the site contains slopes that are less than 30% in the areas to be developed, has suitable and appropriate access via existing and planned streets consistent with the MASP, and preserves and provides for long-term maintenance of areas of important or sensitive habitats via lots designated for open space. 3. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within, the proposed subdivision because all such easements have been accommodated by the proposed design of the subdivision and location of improvements.. 4. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the type of improvements are residential and development is a similar scale to existing development already adjoining the site to the south and west and approved development adjacent to the south of the site. Additionally, new construction will be designed to meet existing building and safety codes. 5. The design of the subdivision, or type of improvements, will not have a significant adverse impact on the environment or substantially or unavoidably injure fish or wildlife or their habitats subject to the mitigation measures of the Final Environmental Impact Report (FEIR) certified by the City Council on October 12, 2004 together with the mitigation monitoring program adopted with said EIR approval, because all said applicable mitigation measures and monitoring program are incorporated into the project as recommended below. 6. The Mitigated Negative Declaration prepared by the Community Development Department on May 1, 2007 adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures are provided to reduce impacts to less than significant levels. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, as modified, determining there is no substantial evidence of new or further significant impacts not already identified either in the prior certified Environmental Impact Report prepared for the Margarita Specific Plan or in the subsequent Initial Study prepared for this site specific project. 7. The offer of donation of a conservation easement and ultimately, fee title, to the 71-acre open space lot proposed in the subdivision map is consistent also with the General Plan of the City of San Luis Obispo. Creek Setback Exception Findings 8. The location and design of the exceptions proposed respecting pedestrian trails within and crossings over the creek corridors will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement, because the location and design of the trails and creek crossings will be constructed outside of the established floodway and will not impede flood waters or planned storm water -/y/ Resolution No. XXX(2007 Series) -� ;' Attachment 8 Page 3 management improvements and maintenance required for the tract. Further these features provide for desired passive use and enjoyment of the creek corridors as a tract amenity, and established access ways provide for management and monitoring of the natural and enhanced habitat in the area of the corridors, and facilitate movement of localized habitat of the site and general area. 9. The exceptions proposed herein will not limit the city's design options for providing flood control measures that are needed to achieve adopted city flood policies, as no adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings. Furthermore, the retention of the creeks in their natural location, together with the parallel storm water runoff collection system, will ameliorate historical flooding occurrences at the existing Prado Road culvert.. 10. The exceptions proposed herein will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans. No adverse environmental impacts have been identified as a result of the placement and design of the proposed trails and crossings. Special construction techniques will be used to minimize the potential for urban runoff to alter the flow regime in the creeks, thus protecting them from "flash" flows and urban pollutants. 11. The exceptions proposed herein will not be a grant of special privilege because the proposed trail networks are consistent with requirements of the adopted MASP to accommodate special site features not occurring on other lands of similar zoning in the vicinity and will be augmented with devotion of additional private lands to increase the functional width of the overall natural corridors to benefit multiple purposes of preserving natural habitat, enhancing the aesthetic and passive recreation quality of the subdivision and facilitating maintenance of natural drainage flows and pattern. Further the channels (3 in all) separate development areas of the site from one another, the interconnections and creek crossings provide access between all units of the PD neighborhood, as well as options to connect into the perimeter pedestrian and bike systems planned for this subdivision and the overall Western Enclave and Margarita Area Specific Plan.. Because the channels run at odd angles and traverse the site diagonally, this produces remnant areas that are inefficient and would reduce overall densities if the efficiency of the encroachments were not permitted. Rather than relocate the channels as permitted by the MASP, the creek corridors will be maintained in their present configuration, preserving, therefore in a largely undisturbed manner, the established habitat values and runoff patterns while seeking modest exceptions to regain efficiencies in land planning and overall project design. 12. The exceptions proposed herein will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream, because the collection and flow of flood waters will not be impeded, nor will the trails and crossings impede the planned improvements to the tract storm drainage system. 13. Site development cannot be accomplished with a materially different redesign of the project because redesign of the project to accommodate trails outside the corridors, while possible, would be at the expense of achieving densities desired by the MASP and ultimately would compromise the"affordability by design" objectives of that Plan. Resolution No. XXX (2007 6eries) _ Page 4AttaChMent 8 l; 14. Redesign of the project would deny the property owner reasonable use of the property in that the minimum density threshold of the MASP for the subject site calls for no less than 149 units (not including affordable housing requirements.) A potential redesign could affect at least 37 lots/units, and potentially more as the changes could"domino"throughout the tract. This would potentially impact a finding of consistency with density required for the project by the MASP, compromising the ability to develop the property as planned. SECTION 2. Environmental Review. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures and monitoring programs into the project: Mitigation Measures and Mitigation Monitorin and nd Reporting Program: Reduction of Light and Glare 1. In order for MASP/AASP EIR Mitigation Measure LU-7.1 as implemented by the MASP to be carried through to lot-specific development stage, a lighting plan that demonstrates compliance with Community Design Section 3.3 Lighting requirements of the MASP shall be submitted with other required plans for both the residential and commercial components of the project to the review and approval of the Architectural Review Commission (ARC). The lighting plan shall propose specific measures to limit the amount of light trespass associated with development within the project area including shielding and/or directional lighting methods to ensure that spillover light does not exceed 0.5 foot-candles at adjacent property lines. Monitoring Program: The ARC will review development plans for both the residential and commercial components of the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting and compliant with the MASP provisions have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. Preparation and Implementation of"Comprehensive Biological Mitigation Program" 2. Mitigation for wetland impacts. Mitigation for wetland impacts will be through a combination of on- and off-site mitigation, approved by the City, the DFG and the Corps. Further, in compliance with the MASP/AASP EIR, VTM #2342 (Cowan) proposes the creation of Lot Z in an area designated by the MASP for "Open Space-Riparian" for the express purposes of achieving some of the necessary wetlands replacement mitigation area, as well as preservation of related biological habitat benefits. 3. Mitigation for Impacts to Creek Habitats Mitigation for impacts to creek habitats will be through a combination of on- and off-site mitigation, approved by the City, the DFG and the Army Corps of Engineers. Resolution No. XXX (2007 Series) _ Attachment 8 Page 5 the King propertys open space parcel, shall be required. This area occupies between one- half and three-quarters of an acre. The program would at a minimum, replace the existing non-native grassland in that area with a grassland containing a majority of native bunchgrass species including purple needlegrass, meadow barley, and California brome. In addition, a program for additional protection for the open space lands of the project will be developed. The goal of this program will be to provide protection for remaining areas of serpentine bunchgrass habitat and species within that habitat in the South Hills open space parcel through mechanisms such as fencing, trail realignments, and drainage improvements on the access road to the communication site on neighboring property. Finally, the project sponsors propose to donate fee title to the open space lot 178 to the City of San Luis Obispo as permanent open space as part of the project. 5. Mitigation for Impacts to Sensitive Species. None of these species are expected to be difficult to establish. City staff will work with the project sponsors in developing the details of the effort. Mitigation for impacts to five plant species of concern shall be required as follows: Palmer Spineflower. None required. Brewer Spineflower. None required. Obispo Indian Paintbrush. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Miles Milkvetch. Collect seed or seed/soil mix for relocation to open space lot enhancement site. Obispo Dudleya. Due to the very small number of impacted individuals and the ease of transplanting, transplant these individuals to suitable sites within the project open space. Obispo Mariposa lily. None required. Adobe Sanicle. Relocate some individuals to a suitable site within the project open space; consider transplanting the balance to a suitable site in Laguna Lake Park or other suitable off-site location approved by the City, or consider lot adjustments to protect the major portion near lots 82, and adjacent multifamily lot. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of adobe sanicle occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat suitable for the adobe sanicle. Further, the adobe sanicle already occurs there naturally. Congdon TaMlant. Create compensating habitat in a suitable off-site location approved by the City. On Sept. 5, 2006, the SLO City council authorized, as mitigation discussed herein, the use of several areas within Laguna Lake Park for relocation of Congdon tarplant occasioned by the proposed revised VTM #2428 residential development proposal within the Margarita Area Specific Plan. In its action, the Council found that Laguna Lake Park offers the best habitat suitable for the Congdon tarplant. Further, the Congdon tarplant already occurs there naturally. Loggerhead Shrike. Remove myoporum tree before nesting season. 6. Mitigation for Impacts to Other Nesting Birds. Undertake surveys prior to initiation of construction activities; avoid construction activities within 100 feet of active nest sites, or 300 feet from raptor nests, until after young have fledged. -/yy IQ- Resolution No. XXX (2007 Series) Attachment 8 Page 6 7. Qff Site Mitigation for Wetland Impacts. A further component of the biological mitigation program is the applicant's proposal to acquire (by fee, easement, or eminent domain) lands outside the bounds of the Western Enclave (designated by the MASP as "Open Space- Riparian" lands). The targeted property (lying south of Prado Road and owned by Unocal) is a low lying area that already naturally collects some area run-off and provides valuable habitat for certain special concern and R-T-E (rare, threatened, and endangered) species, and thus is beneficial to retain in its natural state. Pre-development run-off has resulted in seasonal flooding of Prado Road due to they currently deficient collection/distribution system to this natural drainage area south of Prado Road. The Western Enclave applicants propose to acquire this off-site property designated for open space use by the MASP and utilize it beneficially for biological mitigation as well as a detention basin for pre- and post- Western Enclave development generated run-off. It is proposed that this basin be enhanced to accommodate the greater project-generated and pre-project run-off flows, and to increase its habitat value in the long term. The basin is proposed to be held and maintained by a Master Home Owners Association (MHOA) established initially for the Western Enclave area, and perhaps ultimately for the entire MASP as stipulated be done by the MASP. ➢ Monitoring Program: Prior to approval of the final map, the applicant shall contact the City Natural Resource Manager for review and approval of the final lot and street design to assure that on-site natural resources are protected and preserved to the greatest extent required by the mitigation measures and consistent with requirements of the MASP and MASP/AASP EIR. Said design shall also be consistent with approvals required subsequent to this Tentative Map from State Dept. of Fish and Game and Army Corps of Engineers. Prior to any site preparation or construction activities, the applicant shall also initiate and complete for approval by the City pre-construction surveys for nesting birds and adhere to performance standard specified in the mitigation. Provisions for required off-site mitigation shall be coordinated with and approved by the City Natural Resource Manager prior to recordation of the Final Map. Periodic field inspections by City Staff during construction will be necessary to assure site development conforms to mitigation measures and conditions of approval. Preparation and Implementation of a "Construction-Related Hazardous Materials Management Plan" 8. As stipulated in the MASP/AASP EIR, this would be a plan identifying, when they are known, site/development-specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction-related activities, the project proponent will cause Mitigation Measure HAZ-1.2 to be activated. Mitigation Measure HAZ-1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and/or groundwater contamination within or 1-7�T Resolution No. XXX (2007 Series) Attachment 8 Page 7 adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase 11 environmental site assessments will be prepared specific to soil and/or groundwater contamination. a. Soil Contamination. For. soil contamination, the Phase 1I site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department (SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase 11 assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. If groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast R WQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast R WQCB. ➢ Monitoring Program: The "Construction-Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. SECTION 3. Action. The City Council does hereby approve Application TR/PD/ER 98-06 with incorporation of the following conditions and code requirements into the project: Conditions: Streets: 1. Prior to recordation of the vesting final map, or any phase thereof, the subdivider shall present a detailed schedule and delivery "Plan", to be approved by the Public Works Director, for the improvement of Prado Road between its eastern terminus at the current City boundary and Broad Street. For the purposes of this condition, the Prado Road Extension (PRE) shall be referenced in two segments. The first segment shall be the new roadway from the present easterly terminus (City boundary) of Prado Road extending easterly to the intersection of proposed "M" Street on Tract 2353 (the "Sierra Gardens (DeBlauw) property as shown in the Margarita Area Specific Plan (MASP)). This first segment shall be referred to as the "Prado Road Extension - Western Enclave" segment (PRE-WE). The second segment shall be from the Prado Road/"M" Street intersection on Tract 2353, easterly, to Broad Street. This second segment shall be referred to as the "Prado Road Extension - "M" Street to Broad" segment (PRE-MB). At a minimum, the Plan shall address the following milestones for Right-of-Way acquisition, design and construction- 1_1y4 Resolution No. XXX (2007 series) Attachment 8 Page 8 a. At the time of submittal of any plans for final map and/or improvement plan checking: The subdivider shall submit construction drawings and specifications for the full width improvement of the "Prado Road Extension - Western Enclave" segment (PRE-WE), and shall submit schematic plans for the full width improvement of the "Prado Road Extension - "M" Street to Broad" segment (PRE-MB). The final map and improvement plans will follow approximately 6 months after the date of the approval of the Tentative Map. During this time the City as well as area property owners will be involved in the review of updated drafts and the selection of the proper engineering company as well as overseeing the design. Following Tentative Map approval, the Western Enclave Property Owners (WEPO) and the City will establish a Stakeholder Group comprised of MASP property owners and public utility companies, etc. to augment/expedite the conceptual design of the PRE-MB component of the Roadway. b. The PRE-WE plans shall include 4 travel lanes, bike paths and lanes; sidewalks, utilities, storm drainage, landscaping, center median improvements and other necessary street appurtenances or as otherwise approved by the Director of Public Works. c. Off-site dedication of property for public right-of-way purposes is necessary to facilitate the construction of Prado Road. The subdivider shall exhaust all avenues available to acquire said public right-of-way dedication.. In the event the subdivider is unable to acquire said property, the City Council will lend the subdivider its powers of condemnation to acquire the off-site right-of-way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off-site right-of-way acquisition (including attorney and court costs). The subdivider is responsible for construction of the necessary street improvements and striping, to the satisfaction of the Public Works Director. d. Subject to the availability of necessary right-of-way, the subdivider shall complete construction of the PRE-WE segment prior to occupancy of the 50th unit within the subdivision. If right-of-way is not available at the time of approval of the final map, the subdivider may submit a plan for providing interim, secondary access to the WEPO properties that is subject to approval by the Public Works Director. This secondary access shall be completed prior to granting of occupancy permits and may be required to be removed at a later time when additional access is provided from adjacent properties. e. At the time of recording the final map, the subdivider shall bond for the completion of the engineering plans and specifications, environmental review, if necessary, and associated construction permits for the PRE-MB segment. The subdivider shall complete the construction drawings and specifications for the PRE-MB segment on or before the 100th unit is occupied in the Western Enclave (approx. I year after Tentative Map Approval). If, at the time of Final Map approval, a detailed engineered cost estimate for the PRE-MB section of roadway has not yet been completed, the City may require that the developer (property owners) sign a waiver not opposing the possible future formation of a community facilities district or other such financing mechanism, that would fund any final project costs for the construction of PRE-MB that are not contained in the Margarita Area Specific Plan Impact Fee estimates. /-/y7 Resolution No. XXX (2007-Series) Attachment 8 Page 9 f. Subject to the availability of necessary right-of-way, the subdivider shall, at a minimum: (1) initiate the construction of the northern half, or some modified section of the roadway subject to approval by the Director of Public Works, of the PRE-MB segment prior to occupancy of the 200th residential unit in the Western Enclave (approx. 3 years after Tentative Map Approval) , and (2) complete construction of the northern half of the PRE- MB segment prior to occupancy of the 300th residential unit in the Western Enclave (approx. 5 years after Tentative Map Approval). If right-of-way is not available at the time of requests for occupancy, the City will determine if public acquisition of said right- of-way is necessary or the subdivider will be required to submit an interim plan for providing secondary access the Western Enclave that shall be approved by the Public Works Director. g. As a part of the submittal of the plan for improvements to Prado Road, the subdivider shall submit a reimbursement proposal and schedule for the costs associated with the environmental, engineering and construction of Prado Road in its entirety, as established by the MASP. Subject to final approval of the City, the proposal may include fee credits and/or other appropriate mechanisms that may be applied against non-TIF city-wide and MASP impact fees as development occurs, to facilitate completion of the Prado Road extension. h. A second access off Prado to service VTTM 2353 (DeBlauw) can be incorporated on an interim basis at the time of construction of PRE-WE and will remain in place until PRE- MB is completed and an additional access point is provided at an adopted MASP location. 2. Margarita Area Specific Plan Impact Fees, as adopted by the City of San Luis Obispo, shall be paid prior to issuance of each building permit, subject to condition I.g. above. 3. The public improvement plans for VTTM 2353, VTTM 2428 (Revised) and VTTM 2342 shall consider the proposed or required phasing to be completed by the combined development known as Margarita Area Specific Plan Western Enclave. The public improvement plans for each subdivision shall include any offsite improvements as considered necessary by the Director of Public Works to provide a reasonable transition between the subdivisions in the case that one project is developed before another. The scope of required improvements shall be approved to the satisfaction of the Public Works Director. 4. The final subdivision design and improvements shall comply with the Margarita Area Specific Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications, except as to any design deviations permitted herein. 5. Prior to final map approval, the final design, location, and number of traffic calming measures including bulb-outs, choke-downs, tabletops, roundabouts, neck-downs, etc. shall be reviewed and approved by the Public Works Director. Choke-downs adjacent to open space corridors shall be lengthened to include the entire length of the open space corridor. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axel truck's ability to negotiate the traffic calming features. Additional or alternative traffic control measures such as raised tabletops may be required to comply with the MASP objective to "foster traffic volumes and speeds that will be compatible with the neighborhood." /_/W j Resolution No. XXX (2007 zieries) Page 10 Attachment 8 `- compatible with the neighborhood." 6. Pursuant to the Margarita Area Specific Plan, traffic volume and speeds shall be monitored after development. The subdivider shall retain a qualified traffic consultant to conduct traffic counts throughout the subdivision at locations approved by the Public Works Director. If traffic speeds or volumes exceed City standards during counts taken by the subdivider one year after final occupancy of complete build-out of the subdivision or acceptance of public improvements whichever occurs later, the subdivider shall be responsible for installing additional traffic calming measures to the approval of the Public Works Director to reduce volume and speeds to comply with City standards. 7. The subdivision design shall include directional curb ramps wherever possible. The inclusion of bulb-outs at directional curb ramp locations is encouraged to decrease the roadway width to be crossed by a pedestrian. 8. Prior to approval of improvement plans, alternative paving materials proposed within the public right-of-way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 9. Except for the 71-acre lot donated to the City, project common areas including, but not limited to, landscaped parkways and Class I pathways (other than Prado Road) shall be owned and maintained in perpetuity for public use by the Master Homeowner's Association. Water meters for common landscape areas including but not limited to parkways, medians, roundabouts and pathway corridors are subject to water impact and water meter installation fees and shall be paid for by the subdivider. 10. The final locations of multi-use path connections to public streets shall be reviewed and approved by the Natural Resources Manager and City Traffic Engineer. Where multi-use paths intersect public streets, the roadway shall be narrowed and the crossing designed perpendicular to the roadway. 11. The final design and location of private streets and fire access ways, and the approaches thereto onto public streets, shall be reviewed and approved by the Public Works Director and Fire Department. Plans submitted for review shall include a turning diagram demonstrating a fire, garbage or other large city or delivery multi-axel truck's ability to negotiate into and within the private streets and access ways within the proposed "PD" and Lot 178 portions of the site. 12. The proposed street bulb-outs shall be designed with minimum inside and outside radii of 20' and 10' respectively. 13. Analysis of the street drainage design shall be provided with the submittal of complete public improvement plans. Streets designed with a quarter crown shall justify the curb capacities in accordance with city standards. Some areas may require that the bulb-outs be reduced in depth or removed completely to accommodate the drainage along the high side of the street. 14. Bulb-outs at T-intersections may need to be replaced with standard curb returns of a smaller radius to achieve the desired traffic calming goals and to accommodate street drainage. /-/�l9 P Resolution No. XXX (2007 Series) i Attachment 8 Page 11 _ 15. The number and location of catch basin shall consider city standard spacing and drainage design requirements. The number of catch basins shall be limited to those required by code and/or design to the satisfaction of the City Engineer. 16. The transition between Street N and Street W shall be approved to the satisfaction of the City Engineer. Moving of the quarter crown section from one side of the street to the opposite side shall not be completed with a super-elevated section unless all drainage issues are addressed. 17. Street intersections shall be provided with directional curb ramps in accordance with city and ADA standards or guidelines. T-intersections shall include receiving ramps on the through street. On & Off-Site Improvements: 18. With respect to all off-.site improvements; prior to filing of the Final Map, the Subdivider(s) shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or b. Request in writing that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462.5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition, including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required; the Subdivider shall, no later that 90 days prior to recordation of the Final Map (final Parcel Map), submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California. ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so. iv. Copies of all written correspondence with off-site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. Resolution No. XXX(20077-Scries) Attachment a Page 12 R V. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 19. Should the final design for the stormwater detention basin require the installation of a stormwater pumping station in order to provide an outlet for the detention basin, the final pump station design shall be in accordance with Section 8 of the WWMP-DDM and the following" a. The pump station shall be a triplex design. b. The pump station shall be designed to discharge at the 100 year pre-developed rate with all three pumps running, the 10 year pre-developed rate with two pumps running and the 2 year pre-developed rate with only one pump in operation. At no time shall the pump discharge rate exceed that of the pre-development flow rates for each of the design storms. Or the pump station shall consist for a variable speed drive that matches the required discharge regime. c. The pump discharge shall be designed such that no erosion damage will occur. d. The pump shall discharge into a natural waterway or into an easement to which the subdividers, their heirs and/or assigns have rights to. 20. The final subdivision design shall incorporate stormwater quality BMPs with the January 2005 edition of the Engineering Standards, shall be designed to treat the stormwater runoff from all developed surfaces excluding rooftops but including all private and public streets, and shall be subject to the approval of the City Engineer. 21. The final design of any stormwater detention or treatment facilities shall incorporate all recommendations from the final geotechnical report into the design of said facilities. The final geotechnical report shall address the effect, if any, of detaining stormwater in close proximity to the existing soil contamination. 22. The final design of the proposed off-site stormwater detention facilities shall also take into consideration the effects on 100 year floodplain (as identified as an undesignated "A Zone") on the FEMA FIRM Panel (as modified by the LOMR dated August 23, 2003) for San Luis Obispo County, from the unnamed tributary to the East Fork of San Luis Obispo Creek and shall establish the base flood elevation, process a CLOMR or CLOMR-F with FEMA prior to approval of any plans for ground disturbing activities; then process the final documents once Grading is complete. The design of any stormwater facilities shall be in compliance with the WWMP-DDM requirement for construction within a Special Floodplain Management Zone; i.e. no significant net loss of floodplain storage. 23. The subdivider shall secure the rights for the regional stormwater detention basin prior to or concurrently with the final subdivision maps. Should the subdividers be unsuccessful in acquiring off-site property for the construction of the stormwater facilities, the subdivider shall either: a) revise the maps to reflect appropriately sized on-site detention of I Resolution No. XXX (2007 Series) Attachment 8 i} A Page 13 a stormwater pursuant to the City's Waterway Management Plan Drainage Design Manual or, b) request in writing that the City assist in securing the property following procedures as outlined above. All costs associated with securing said rights including the eminent domain process shall be borne by the subdividers. 24. Prior to the approval of the public improvement plans the subdivider(s) shall have received an approved grading permit from the County of San Luis Obispo a written waiver for the construction of any facilities outside the City's corporate limits. Should San Luis Obispo County defer to the City for the processing of the grading permits for property outside the City corporate boundary, the subdivider(s) shall process the grading permit with the City Public Works Department concurrently with the improvements plans and pay all fees associated said grading in accordance with the Public Works Department Fee schedule for plan checking and inspection in effect at the time of permit processing. 25. To the degree feasible, shared driveways shall be utilized to reduce the number of driveway curb cuts in the subdivision and increase the provision of on-street parking. Prior to hearing by ARC, the applicant shall provide plans to the Public Works Department with additional detail adequate to show locations of all proposed shared driveways. 26. Where a Class 1 bicycle path provides access across a public street, raised decorative paving, choke-downs, curb ramps and signage shall be provided and the street crossing shall be designed to direct pedestrians across the roadway in a perpendicular manner, consistent with the 2007 Bicycle Transportation Plan. 27. The subdivider shall install private street lighting along the private internal streets per City standards, public street lighting along public streets interior to the subdivision, and off-site public street lighting along Prado Road leading to and from the development, as determined by the Director of Public Works. All public and private street lighting installed by the developer shall include the luminaires as well as all wiring and conduit necessary to energize the light standards from PG& E's point of service. 28. For lots abutting the existing developed Margarita and Chumash Village projects, the slopes and drainage structures proposed in those rear lots shall be maintained by the property owners, with an additional slope and maintenance easement to the HOA so that the HOA can maintain these slopes if the property owners fail to do so in a satisfactory manner. A deed restriction shall be placed on all lots with this situation so that a 6-foot high privacy fence shall be installed and maintained at the top of the slope. Details on the level of maintenance shall be provided in the draft CC&R's and reviewed and approved by the Community Development Director. Water, Sewer, Solid Waste & Utilities: 29. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If it is discovered that an off-site deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 30. Water meters shall be grouped in manifold pairs wherever possible, to the satisfaction of the Utilities Engineer. Attachment 8 Resolution No. XXX (20073eries) Page 14 31. The water mains, sewer mains, and sewer force mains when attached or included with a bridge, shall be sleeved and encased within the bridge structure or located above the lowest point so as to protect the pipelines from the high water flow. 32. Sewer backwater valves may be required on some lots. The subdivider's engineer shall apply the City's criteria to the design to determine which lots will need backwater valves on the sewer laterals, per City and UPC standards. 33. In areas where the pressure in the water system exceeds 80 psi, the service line shall include a pressure regulator downstream of the water meter, Where the water service enters the building. 34. The sewer and water mains should be located approximately 6 feet on either side of the street centerline. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 35. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, detention basins, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. If reclaimed water is not available at the time the recycled water is needed, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. 36. Prior to hearing before the Architectural Review Commission (ARC), the applicant shall add additional detail to the plans adequate to show the locations of all red curbs, fire hydrants, water meters, backflow preventers, solid waste storage areas (for the detached lots), the solid waste collection vehicle's ability to safely maneuver and access containers on the private roads in the PD portion of the development), to the satisfaction of the Utilities Department. Said details shall also indicate appropriate screening for backflow preventers, and shall clearly indicate any requested deviations from City standards. 37. Prior to hearing before the ARC, the applicant shall provide a landscape and irrigation plan that indicates how any parkway areas associated with detached and/or meandering sidewalks can be irrigated efficiently without overspray, in compliance with Chapter 13.20 of the Municipal Code, to the satisfaction of the Utilities Department. Parkways shall be a minimum of 6-feet in width to allow the planting of street trees. 38. Recycled water will be required to be used throughout the development to the maximum extent feasible. Recycled water use areas will include any landscape or turf areas that are under common ownership or control, and for which the maintenance will be by contract. 39. Prior to hearing before the ARC, the applicant shall provide detailed plans adequate to show the width, grade, structural cross-section and turning radii of all I fire access roads and connections with public or private roads within the subdivision and within the 71-acre open space lot are suitable for travel by City fire trucks. 1-4�3 Resolution No. XXX (2007 aeries) Page 15 Attachment 8 Grading& Drainage: 40. The final grading plan shall include provisions to comply with the soils engineer's recommendations, including mitigating cut slopes, debris flows uphill of the lots and truck access. The soils engineer shall supervise all grading operations and certify the stability of the slopes prior to acceptance of the tract and/or issuance of building permits. 41. Clearing of any portion of the existing creek and drainage channels, including any required tree removals, and any necessary erosion repairs shall be to done the satisfaction of the Public Works Director, Corp. of Engineers and the Dept. of Fish & Game. Certain trees may require safety pruning by a certified Arborist as determined by the City Arborist. 42. The developer of VTM #2428 shall begin grading operations related to site preparation and infrastructure construction near the westerly edge of the property in order to reduce the potential for short term impacts of"herding" rodents and other small animals toward the adjacent mobile home park.. 43. Any required grading for storm flow collection features behind Lots 19-57 shall be done to the satisfaction of the Natural Resources Manager, Fire Dept. and Public Works Director. 44. All driveways shall comply with City Engineering Standards #2130 and #2140 for down- sloping and uu-sloping driveways. 45. With regard to down-sloping and up-sloping driveways, common driveways shall be considered throughout the subdivision at the time of review by the Architectural Review Commission, particularly for Lots 30/31, 32/33, 37/38, 39/40, 41/42, 44/45, 50/51, 52/53, 54/55 & 56/57, such that driveway slopes do not exceed 20%. 46. The final pad grading and certification shall be in accordance with the approved plans, grading ordinance, and final soils engineer recommendations. The public improvement plans shall be reviewed by the project soils engineer. The soils engineer shall provide written notification to the city indicating that the plans have been reviewed and are in general conformance with the report recommendations. 47. Depending on the timing of subdivision grading and/or building permit applications, the 2007 California Building Code, based on the 2006 International Building Code may be in effect. The provisions of the new CBC/IBC may differ from those of the current regulations. The soils engineer shall provide an appropriate response regarding the current grading recommendations in comparison to the new codes to the satisfaction of the City Engineer and Building Official. 48. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all graded pads and for in-situ soils on natural lots where deemed necessary by the City Engineer or Building Official. 49. Final pad certifications shall include the certification of pad construction and elevations.. The soils engineer shall certify all grading prior to acceptance of the publicimprovements and/or prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. /-/UITY Attachment 8 Resolution No. XXX (2007 series) Page 16 - 50. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches, drainage collection devices, and drainage piping may be required. The public improvement plans and final map shall reflect any additional improvements and easements necessary for slope protection and maintenance. 51. Downstream and/or offsite drainage improvements shall be completed to the satisfaction of the city prior to commencing with public improvements or subdivision grading. If off-site improvements are not complete, a phasing plan and on-site detention may be required. 52. The width of all public or private drainage easements shall be approved to the satisfaction of the City Engineer. Drainage easements requiring subsurface piping systems shall not be less than 15' in width. Surface drainage improvements located along the westerly and southerly tract boundaries shall be located in easements not less than 10' in width. 53. The interceptor drainage ditch located along Lots 75 — 80 shall be constructed with an approved outlet to the existing drainage channels or to an approved off-site drainage easement. 54. The new section of pedestrian/bike path proposed on Lot 178 shall be located upslope of the HOA maintained interceptor ditch unless otherwise approved by the City Engineer and Natural Resource Manager. 55. The interceptor ditch shall be designed to accommodate any improved or diverted runoff from the existing or proposed trail improvements. 56. The public improvement plans and final drainage report shall include additional analysis of the runoff from the existing and proposed trails or access roads. The proposed interceptor ditch shall be extended to protect Lots 52— 57 if necessary. 57. The abandoned access road crossing Lots 44 — 51 shall be likewise evaluated. The road drainage shall be clearly defined and drainage improvements and easements shall be provided if necessary. The road may be re-graded to eliminate any cross lot drainage if applicable. 58. The presence of springs within the development area has been identified by the soils engineer as one of the primary geotechnical concerns. All areas of known or observed seeps and springs shall be specifically addressed by the soils engineer. General recommendations shall be provided for all lot areas, roadways, and for the installation of utilities. 59. Drainage systems designed to collect spring water or other sub-surface waters shall be directed to the natural drainage channels to the maximum extent feasible. Subsurface drainages shall not be directed to the surface of the public streets unless otherwise approved by the City Engineer. 60. Utility trenches shall be protected with trench dams based on recommendations by the soils engineer. Trenches to individual Lots shall be likewise protected to avoid the collection and deposition of sub-surface drainage to under-floor or under-slab areas. Relief drains shall outlet to a location approved by the City Engineer. l-ass Resolution No. XXX (2007 Series) ( Attachment 8 Page 17 �"te ;e:____ c � , 61. If nuisance spring water is expected or encountered with the subdivision improvements and/or home construction, a separate French drain system may be required with storm drain extensions to individual lots or areas of concern. Homeowners' Association: 62. The subdivider shall submit CC&R's with the Final Map that established a "Margarita Area Master Homeowner's Association' (Master HOA). The Master HOA shall include the subdivider's tract, and provide for the automatic annexation of all subsequent potential tracts within the Margarita Specific Plan area. The subsequent tracts may, at their sole discretion, annex to the Master HOA, or demonstrate to the city's satisfaction how many they may form their own, independent HOA, to manage their common area improvements. The Master HOA, and any and all subsequent HOA's not a part of the Master HOA, shall provide for maintenance of all common area drainage channels, on-site and/or sub-regional drainage basins and conveyance improvements and the Margarita median landscaping and trail network. The Master HOA shall also annually maintain a 30' wide wildland fuel reduction zone along all open space lots abutting developments within the MASP. The CC&R's shall be approved by the City Attorney prior to recordation of the Final Map, or any phase thereof." 63. The Master Homeowners' Association (MHOA) shall own and maintain all that portion of the lots designated as "Open Space" or"Wetlands Mitigation' (except for the 71-acre lot of the King map, which is proposed for donation to the City). Those open space areas that accommodate trails intended for public use shall be maintained for public access in perpetuity. Maintenance responsibilities shall also include maintenance of any cut or fill slopes required to make the swale and berm. The storm drainage system within private streets shall be privately owned and maintained by the MHOA (to be included in CC& R's). 64. The MHOA shall be responsible for maintaining any required red curbing and fire lane signage approved within the subdivision. 65. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the City Attorney and Community Development Director prior to final map approval. CC&R's shall contain the following provisions that pertain to all lots: a. Creation of a master homeowners' association if none exists or annexation into an existing MHOA, if one exists. b. No parking except in approved, designated spaces. c. No change in city-required provisions of the CC&R's without prior City Council approval. d. Provision for all of the maintenance responsibilities outlined in various conditions herein. e. The subdivider shall submit common driveway agreements for those lots with shared access including maintenance provisions, to the approval of the Community Development Director at the time of final map approval. /-s4 a Resolution No. XXX (2007-series) Attachment 8 i Page 18 f. The MOHA shall be responsible for maintenance of the drainage Swale running along and behind Lots 19-57 (i.e. all lots backing onto the 71-acre open space lot), as depicted on sheet 2 of the Vesting Tentative Map. g. Drainage swales along the west and south tract boundaries shall be maintained, repaired and/or replaced by individual lot owners and ..,.,.essible to two MHOA in such a way as to allow clear and unobstructed storm water flows. No storage, alterations, construction and/or landscaping may be permitted in or around these swales in a manner that interferes with accessibility to, the design,and function of the overall tract storm drainage system. In the event that individual lot owners do not properly maintain, repair and/or replace the drainage improvements, the MHOA shall have the right under the CC&R's to enter said lot owner's property, effect such maintenance, repair and/or replacement, and bill said owner for costs related thereto. In the event MHOA is unwilling or unable to manage the storm system within the any portion of the tract (including the PD Zone as noted below), the City shall have the right to enter said property and maintain, make repairs and/or replace storm drainage system features and bill the MHOA for said work. MHOA and City access will be established through storm drainage easements recorded with the final map. 66. With respect to that portion of the subdivision within the PD Zone (Lots 86-177), the CC&Rs shall contain the following provisions, in addition to the above: a. Creation of a homeowners' association to enforce the CC&Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage swales and storm drainage improvements, on-site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping lying outside of private building b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the City to inspect the site at mutually agreed times to assure conditions of CC&Rs and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motor homes, or trailers nor long-term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City-required provisions of the CC&Rs without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. Resolution No. XXX(2007 Series) Affach Page 19 _ i. Provision of appropriate "no parking" signs and red-curbing along interior roadways as required by the City Fire Department. j. CC&Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. k. All garages must be available for parking a vehicle at all times,to be enforced by the homeowners association and the City. 1. No change in City-required provisions for trash collection without prior approval by the Community Development Director. Paths/Open Space: 67. The multi-use paths should be 12 feet in width as called for in the Specific Plan, however the Natural Resource Manager and Public Works Director may approve a narrower path in locations that will be used by pedestrians only or where environmental conditions warrant a narrower path based on consideration of in-the-field found conditions. 68. Final design (including materials, location, width, bridging and lighting) of pathways shall be reviewed and approved by the Natural Resources Manager and Public Works Director: 69. Class I path crossings at "N" St. should be perpendicular to the street. A cross section should be developed to show transition of path up to the roadway crossing. A raised table- top design with decorative pavement, choke-downs, and signage shall be provided and crossing shall be designed to direct pedestrians to cross the roadway in a direct perpendicular manner, consistent with the 2007 Bicycle Transportation Plan. 70. Pathway extending from Open Space lot to "N" St. should be shown to cross "N" St, to "D" St. as indicated by MASP. 71. A Class I trail system shall be provided from Street "S" through Lot 84 providing a physical connection to the terminus of Calle Jazmin. 72. The mid-block crossing of"S" Street shall be eliminated due to its close proximity to Calle Malva. 73. The proposed bridge crossings shall provide an accessible path-of-travel in accordance with the current codes. Air Quality: 74. All activities associated with construction and operation for the subdivision map shall comply at all times with all current APCD Rules and Regulations as applicable, including but not limited to PM-10, NOx emissions, Best Available Control Technologies, construction activity management plans, and phasing techniques. Housing Programs: 75. Lots 171-175 of the "condominium" lots on the revised map, to be reserved for the development of 26 affordable housing units, shall be dedicated to the Housing Authority prior /—/oo'ro Resolution No. XXX(2007 Series) Attachment 8 i Page 20 to, or in conjunction with, recording the first phase of Tentative Tract 2428. Lots 176 & 177 are reserved for development of six (6)"open market"-rate condominium units. Improvement plans for Phase 1 of Tentative Tract 2428 shall include complete access and infrastructure (roads, water, sewer, and utilities)to serve the Housing Authority site. Additional affordable housing requirements will be required if the average residential unit size of the entire Tentative Tract 2428 exceeds 2,000 square feet as per Table 2A of the City Housing Element. Planning Requirements: 76. Bulb outs at "T" intersections need to be added to the straight leg `-`crossing the 'T"' and elongated such that pedestrian crossings are at 90 degrees to the opposing bulb out transitions for the intersecting street leg. 77. City Standard driveway approaches shall be provided at alley private access points to public streets to and provide adequate line of sight where red curbing would otherwise be needed. 78. All lighting within the subdivision shall comply with the lighting standards contained in the San Luis Obispo Community Design Guidelines and as further stipulated in the Mitigation Measures listed above. 79. Guest parking spaces shall be designed so motorists can enter and exit the public street in a forward motion, in no more than 2 movements. 80. In order to be consistent with the requirements of the Margarita Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 81. In the event archaeological resources are discovered in conjunction with a construction project, all activities shall cease and the Community Development Department shall be notified so that the procedures required by state law may be applied.. 82. New development shall implement all feasible measures to minimize the use of conventional energy for space heating and cooling, water heating and illumination by means of proper design and orientation,including the provision and protection of solar exposure. 83. 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. 84. Proposed hillside Lots 19-57, which back up to the large open space parcel, are hereby designated sensitive sites and must comply with the Community Design Guidelines for hillside development. Individual lot development shall be subject to the review and approval of the Architectural Review Commission (ARC). Planning staff may make the determination upon submittal of complete plans if the minor or incidental architectural review process is appropriate. /_ /.l-9 I L Resolution No: XXX(2007 series) � Attachment 8 Page 21 { 85. Proposed hillside Lots 19-57 are located within a wildland/urban interface area and shall comply with all applicable local and state fire code requirements, subject to the approval of the Fire Marshal. A final fire management plan outlining fuel minimization and maintenance proposals shall be submitted along with subdivision improvement plans to the approval of the Natural Resources Manager and the Fire Department. 86. Where the finished pad elevation for a lot along the westerly and southerly boundary of this subdivision is four or more feet higher than the highest pad elevation of the lots adjacent to it within the Chumash Mobile Home Park, El Camino Estates, or approved TM 2353, development of said higher lot within VTM 2428 shall be limited to a single story structure. In no instance shall rear yard setbacks for lots adjoining existing Chumash Village Mobile Home Park, EI Camino Estates or approved TM#2353 be less than 20 feet. 87. Except as required above, the following additional conditions of approval relate to requested exceptions to standard City requirements and will apply only within the area rezoned for"PD" Planned Development Overlay: a. Public street side yard setbacks shall be no less than 10 feet to the residence from edge of right-of-way and no less than 20 feet to the garage that has access to the public street. b. Street-side setbacks on private streets shall be no less than 5 feet to the residence and no less than 20 feet to the garage from the centerline of the private street for Lots 117 through 137; for all other lots, no less than 15 feet from garages to the centerline of the private street and no less than 5 feet for all other non-street fronting side and rear yard setbacks. c. Lot coverage by structures shall be no more than 75% of total net lot area, excluding garages and carports,patios, decks and roof overhangs. d. Upper floor setbacks from property lines need not be more than as required for the ground floor portion of the structure. e. All patio areas exterior to the residence may not exceed an aggregate total area of 500 square feet. f. No exterior patio fence/wall heights may exceed a maximum height of 42 inches (3-1/2 feet.) g. Driveway depths for garages facing private streets shall be designed to accommodate a parking space in front of a garage that prevents the parked vehicle from encroaching into the travel lane of the common area portion of the drive or street. Variations of design to meet this performance standard will be subject to approval of the Community Development Director and final plans shall be reviewed and approved by the ARC. h. In no event will a floor plan for a lot be allowed that provides more bedrooms than allowed by the MASP for the size of the lot. (Ref. Section 2.2.2 of the MASP.) 88. Notice of the onset of clearing or grading activities (or other activities likely to cause dust, noise or animal movements) shall be given to all owners and occupants of residential or commercial properties within 100 feet of such activity and all residents and owners within the Chumash Village Mobile Home Park. Such notice shall inform neighbors at least two weeks Resolution No. XXX (2007 Series) Attachment 8 Page 227. prior to commencement of activities such as clearing or grading which may result in dust, noise, or animal movements, that such activity is about to take place and advising that certain precautions may be taken to reduce or minimize any effects there from. 89. Prior to review by the Architectural Review Commission, the applicant shall provide specific scaled illustrations showing precise dimensions, area and locations of both private and common open space together with complete tabulations demonstrating compliance with open space requirements of Section 16.17.030. B. of the City Subdivision Ordinance. 90. Prior to review by the Architectural Review Commission, the applicant shall provide tabulations of and specific scaled site plans showing precise dimensions for all guest parking facilities within the single-family portion of the Planned Development component. Without unduly adding hardscape to the site,the amount of guest parking spaces shall be maximized to prevent overspill onto adjacent public streets and more closely meet expected demand. 91. Within the affordable housing component of the project, parking spaces shall be provided that are nearby and convenient to all units. 92. All fireplaces within the development shall be gas-supplied,rather than wood-burning. Code Requirements: 1. Traffic impact fees and water and wastewater impact fees shall be paid as a condition of issuance of building permits. 2. The property is tributary to the Laguna Sewer Lift Station. Appropriate Lift Station Fees shall be paid prior to the final map approval. 3. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. 4. EPA Requirement: General Construction Activity Storm Water Permits are required for all stone water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 5. The subdivision design shall comply with the City's grading.ordinance. 6. Street trees shall be planted along the private street per City Standards (the number of trees is determined by one tree per 35 linear feet of street frontage). 7. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital Resolution No. XXX2007 6eries _ 1 ( ) Attachment 8 , Page 23 Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 9. Access shall be in accordance with Article 9 of the California Fire Code(CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. All cul-de-sacs shall be minimum 40 foot radius. 10. Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5"high x %"stroke and be on a contrasting background. [UFC 901.4.4] 11. Water Supplies and fire hydrants shall be provided in accordance with applicable articles of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using applicable Appendices of the CFC. 12. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA system will be required for this project. 13. Fire hydrants shall be spaced per SLO-FD Guidelines (placement with Fire Department approval) and shall be capable of supplying the required fire-flows. On motion of seconded by , and on the following roll call vote: AYES:. NOES: ABSENT: The foregoing resolution was passed and adopted this3`d day of July , 2007. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk /_A:01 , Resolution No. XXX(2007 Series) Page 24 E Attachment 8 '` p f APPROVED AS TO FORM: an Lowell, City Attorney G:/CD-P LAN/Ddavidson/Council/CCResoKing V entures7-3-07