HomeMy WebLinkAbout03/02/2010, PH 2 - ADOPTION OF THE ORCUTT AREA SPECIFIC PLAN (OASP) AND FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FEI council
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CITY OF SAN LUIS O B I S P O
FROM: John Mandeville, Community Development Direcr
Prepared By: Michael Codron,Housing Programs Manager
SUBJECT: ADOPTION OF THE ORCUTT AREA SPECIFIC PLAN (OASP) AND
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FEIR),
INCLUDING GENERAL PLAN AMENDMENTS NECESSARY TO
IMPLEMENT THE PLAN(SP/ER 209-98).
RECOMMENDATION
As recommended by the Planning Commission, adopt a resolution to:
1) Certify the FEIR based on findings and subject to a Mitigation Measure
Monitoring Plan, and
2) Adopt the Planning Commission Draft of the GASP, and
3) Approve amendments to the General Plan Land Use Map and Urban Reserve Line
to implement the land uses shown in the GASP, and
4) Direct staff to begin implementation measures.described in the GASP, including
preparation of an annexation boundary map for Council review.
REPORT-IN-BRIEF
The Orcutt Area is a residential expansion area located on the southeast boundary of the
existing City limits. The OASP includes provisions for development of up to 979 new
homes and associated infrastructure, including new parks and open space areas. The
General Plan requires a specific plan to be adopted for the area before any portion of it
can be annexed and developed.
The Planning Commission has recommended certification of the FEIR and approval of
the OASP after extensive hearings with input from the public and area property owners.
Adoption of the OASP is consistent with the City's General Plan, which has identified the
Orcutt Area as a residential expansion area for over thirty years. The process to develop
the OASP has insured that the plan will result in a new neighborhood that is well
integrated into the existing fabric of the City of San Luis Obispo. The OASP includes a
fee program to insure that new development pays its fair share of the facilities needed to
serve it.
The Council is being asked to consider cost sharing for one of the key transportation
infrastructure projects identified in the OASP. The Planning Commission recommended
that the OASP be responsible for less than 100% of the $1.76 million Industrial Way
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Orcutt Area Specific PIS
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pedestrian/bicycle bridge over the railroad tracks. City staff is recommending that the
Council approve 80/20 cost sharing, committing the City to seeking grant funding to pay
for 20% of the cost of this facility.
In 2007, the OASP was updated to incorporate mitigation measures from the Draft EIR.
All of the mitigation measures from the FEIR are now either reflected directly in the
OASP land use plan, policies and programs, or are listed in Appendix C for immediate
reference. The FEIR for the project identifies significant and unavoidable impacts in the
areas of aesthetics, air quality and noise. Findings of fact and a statement of overriding
considerations are attached to the resolution recommended for Council approval.
DISCUSSION
The discussion below provides a brief review of the public hearing process, a brief project
description, a summary of the key issues discussed by the Planning Commission and an
overview of the environmental impacts discussed in FEIR.
Previous Review
On February 12, 2008, the City Council held a study session on the OASP, initiating a
comprehensive public review process. The agenda report from this study session is
attached to provide the Council and the public with background information regarding the
process to develop and adopt the OASP (Attachment 1).
Public Participation and Planning Process
After the Council held its study session in 2008, the OASP and Draft E1R were reviewed
by various City advisory bodies and the Planning Commission. Public hearings held by
the Bicycle Advisory Committee, the Architectural Review Commission, and Parks and
Recreation Commission provided key input to the Planning Commission as it deliberated
the content of the Plan. Copies of agenda reports from public hearings held during 2008
and 2009 are available on the City's OASP webpage, located at
www.slocity.orQ/communitydevelopment/oasp.asp. City staff has also made presentations
on the project to the Workforce Housing Coalition and the Chamber of Commerce. An e-
mail list of interested individuals has been maintained to provide notification when new
information is available.
On December 10, 2009, the Planning Commission concluded its review of the GASP, and
forwarded recommendations of approval to the City Council (Attachment 2, Planning
Commission Minutes). Staff subsequently incorporated all of the changes approved by
the Planning Commission into a new document, titled Planning Commission Draft of the
Orcutt Area Specific Plan. The FEIR has also been published and both documents have
been available for public review since February 8, 2010.
Project Description
The Orcutt Area encompasses 230.9 acres on the southeast boundary of the City limits.
The area is bounded by Tank Farm Road to the south, Orcutt Road to the east and north,
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Orcutt Area Specific 131. _
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and the Union Pacific Railroad (UPRR) to the west. The area currently includes 21
parcels, with thirteen different property owners. Most of the area is unincorporated and
has seen limited development under County rural residential and agricultural zoning. At
full buildout,the area is planned to support between 892 and 979 homes.
1. General Plan Goals and Objectives
a. Policies for the Orcutt Area
As shown in Land Use Element (LUE) Figure 2, below,the Orcutt.Area is defined as one
of the City's principle residential expansion areas. The General Plan LUE Map has
designated the Orcutt Area for development as a residential neighborhood for over 30
years. LUE Policy 1.12.3 states that a specific plan must be adopted for the Orcutt Area
before any portion of it can be annexed and developed. Land Use Element Policy 1.12.5
says that Mine Hill (Righetti Hill) shall be dedicated as open space when the Orcutt Area
is developed.
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THE GENERAL PLAN
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Orcutt Area
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Figure 2: Urban Reserve and Principal Expansion Areas
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Orcutt.Area Specific PI: _J
Page 4
b. Specific Plan Content Requirements
LUE Policy 2.3.1 provides a list of required contents for the GASP. This policy requires
the OASP to include programs that guide future development of the area, including plans
for open space preservation, parkland acquisition and improvement, new residential
neighborhoods and public infrastructure to support the new development. The OASP is
also required to contain detailed information on the acreage and location of each proposed
land use,which is summarized in the following Land Use Summary table.
TABLE 1.1 LAND USE SUMMARY
Land Use Zoning Acres Density Total Units %of Orcutt
(Estimated) Area
RESIDENTIAL
Low Density Residential
Detached single family, R-ISP 51.0 Up to 7 du/acre' 264 23.1
4,500-15,000 sf.Lots
Medium Density Residential
Detached/auached single family
w/zero lot line;duplex units[ R-2-SP 32.0 Up to 12 du/acrc= 276 13.5
Minimum lot size of 3,000 sf.
Medium-High Density Residential
Multi-plex units;mobile homes and multi R-3-SP 22.3 Up to 18 du/acre2 336 9.0
family aparunentsi
High Density Residential
Multi-family apartrnentsi R-4-SP 5.5 Up to 24 du/acre2 103 2.4
Subtotal 110.8 9793 48.0
COMMERCIAL
Community Commercial/Mixed Use
CC-MU 2.75 1.2
OPEN SPACE AND RECREATION
Open Space C/oS-SP 793 333
Pants
Neighborhood Park(bal fields,ball P-FSP 11.0 4.7
ca=n1averounds) S
Trail Junction Park/Pocket Parks P-FSP 4.3 1.6
Potential joint use facility as part of
future elementary school in residential zones 4.0
Total Potential Parks 203 63
Central Detention Area/Floodable 4.8 2A
Terrace
Creeks 6.7 2.9
PUBLIC FACILITIES
Roads
Arterials,Collectors and major Local 14.6 63
TOTAL 230.9 9795 100:0
These types of housing reflect examples of housing types withineach residential category.
This range reflects the maximum densities for residential development.
This figure represents max.development potential before affordable housing density bonuses.
A This acreage is for CCMU and is expected to support 8,000 SF of retail and 8,500 SF of office space.The balance of the area will be
devoted to residential in a mixed-use configuration.
s This plan provides 12 acres total in the central neighborhood park.Dedication will befrom two to three owners.
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Orcutt Area Specific PIa_���
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2. How the OASP Implements the General Plan
a. Land Use Pattern
The Orcutt Area represents a logical expansion of the City because it is bordered on three
sides by existing urban land uses and infrastructure. The OASP implements the General
Plan by providing for significant residential development capacity to balance commercial
development in other areas of the City. The Orcutt Area is proximate to the Airport Area,
which is expected to be an area of future job growth in the City.
Within the Orcutt Area, a range of residential densities are proposed and lot sizes are
smaller than would normally be allowed to insure that target densities are feasible. Once
developed, the Orcutt Area is expected to be one of the most land-efficient neighborhoods
in the City, with minimum lot sizes of 4,500 square feet in the R-1 zone and 3,000 square
feet in the R-2 zone.
b. Street Network—Access to Destinations/Services
The OASP includes a street network, with bicycle facilities, that is well integrated into
the surrounding transportation system. Development of the area will include transit
facilities to provide residents with access to City bus routes. The Railroad Safety Trail
will also be extended through the Orcutt Area and across Tank Farm Road. Perimeter
streets will be unproved with Class II bike lanes and turning lanes to improve traffic
safety.
The new neighborhood will include a commercial core with space for small-scale retail
and service businesses to meet the immediate needs of area residents. In addition, the
Orcutt Area is located close to major community commercial facilities, such as Marigold
Center.
c. Parks and Open Space
The Orcutt Area provides improved parkland consistent with the Parks and Recreation
Element, which sets the goal of providing 10 acres of parkland for every 1,000 residents.
In addition to park features, the Righetti Hill open space will provide a natural point of
reference for people in the Orcutt Area. Righetti Hill will be dedicated to the City and
improved with trails directly accessible through the park and surrounding streets.
d. Infrastructure Plan
The OASP also embodies best practices for infrastructure planning. The area will have
access to recycled water for irrigation of the park and other landscaping features, and fits
into the existing network of City water and waste water infrastructure. New water and
sewer lines will connect to existing lines at the edges of the Orcutt Area,which have been
sized to accommodate its build-out. Storm water management guidelines in the OASP
are consistent with the City's Waterways Management Plan, and promote post-
construction stormwater quality through the use of bio-filtration and Low-Impact
Development (LID) practices such as reduced and disconnected impervious surfaces,
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Orcutt Area Specific PL_
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preservation of native vegetation wherever feasible and use of tree boxes to capture and
infiltrate street runoff.
Key Issues
Members of the public and Orcutt Area property owners have been engaged in the
process to develop the OASP, and public input has been an important part of the process.
The following provides an overview of some of the main issues discussed by the Planning
Commission during its review of the OASP, which included eight public hearings
between February 2008 and December 2010.
1. Orcutt Area Fee Program
a. Summary of Infrastructure Costs
The total cost of infrastructure included in the Orcutt Area Fee Program is $15.8 million,
as illustrated in the following table.
TABLE 8.1—I.\FRASTRUCTGRE Cost ESTMATE SITIMARY
Improvement Total Cost
Transportation $5,050,000
Pedestrian and Bicycle Paths $3.656.000
Parks and Recreation $4.448.000
Parkland $3,678,000
Total S15,832,000
Table 8.2 of Chapter 8 (Page 8-3) lists each of the projects under each improvement
category. The projects funded by the Orcutt Area Fee Program include widening of
Orcutt Road, signalization of the Orcutt Road/Tank Farm Road intersection, three new
bridges within the Orcutt Area and improvements to the central Neighorhood Park,
among others.
These costs are translated into per-unit fees based on daily vehicle trip rates, or by
residents served (average household population) as discussed in Section 8.3.1 of the
OASP (Page 8-5).
These infrastructure costs result in a per unit fee of$19,265 for new single-family units,
and $13,904 for new multi-family units. These fees are considered Orcutt Area"add-on"
fees because they are collected in addition to city-wide impact fees for water, sewer and
transportation. Total fees are summarized in Table 8.8 (Page 8-7) of the OASP, which is
also attached to this agenda report(Attachment 3).
Fees have been a major concern of property owners during the process to adopt the
OASP. Beginning in 2008, with the publication of the first draft of the financing plan,
staff has worked closely with owners on ways to reduce fees. Through this process
Orcutt Area Specific Pla_
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infrastructure costs reflected in the fee program were reduced by 30%, from over $22
million to $15.9 million.
b. Cost Sharing Proposed for Bicycle Pedestrian Bridge at Industrial Way
One of the ways that costs were reduced through the process was through a more accurate
cost estimate for the grade separated, bike/ped bridge proposed at Industrial Way. The
original cost of the facility was estimated to be $3,850,000, which was based on the cost
of the Jennifer Street Bridge, including an annual upward adjustment of 4% since 1998 to
account for increases in the construction cost index. More recently, an estimate provided
by Dokken Engineering pegged the cost at $1,760,000(Attachment 4).
The proposed bridge is shown in the City's Bicycle Transportation Plan and would
provide a key connection for Orcutt Area residents to bike or walk westerly without
illegally crossing the railroad tracks towards Marigold Center, the Damon-Garcia Sports
Fields, and other development planned in the Margarita Area. The bridge will also
provide a convenient route for residents in other parts of the City visiting the
Neighborhood Park, the Righetti Hill open space, or for students going to school
depending on where the elementary school is built.
Property owners in the Orcutt Area oppose the bridge because of its cost, a perception
that the bridge would be unsafe, and a belief that the bridge would be an eyesore for the
new neighborhood.
The Planning Commission heard a substantial amount of public testimony on the
Industrial Way bridge from property owners and bicycle advocates alike. Ultimately, the
Commission decided that the Orcutt Area should not be responsible for 100% of the cost
of the facility, because many other users in the City will benefit from its construction.
Normally, the City would allocate all of the cost of this facility to the Orcutt Area,
because if it were not for development in the Orcutt Area, the bridge would not be
necessary at all. Likewise, there are facilities throughout the City that will be used by
Orcutt Area residents that they will not have to pay for. In this manner the City can
roughly balance the provision of facilities between neighborhoods for everyone's benefit.
As an example, the proposed fees in the Orcutt Area do not collect a direct contribution to
the Prado Road Extension project or bikeways in the Margarita Area, even though
modeling shows that future Orcutt Area residents will use these facilities.
The Planning Commission made its recommendation based on public testimony that
indicated the bridge would be used by a large number of residents outside the Orcutt
Area. As a result, City staff is recommending that the Council allocate 80% of the cost of
the bridge to the Orcutt Area, with the remaining 20%to be funded by the City. This will
reduce the cost of the facility to the Orcutt Area by over $300,000 (over $300 per unit on
average). City staff is confident that grant funding for the facility would be available to
meet its portion of the obligation when enough fees have been collected through the
Orcutt Area Fee Program. This may take a longer period of time than if the Orcutt Area
Orcutt Area Specific PI.
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was solely responsible for the bridge project because other, higher priority bicycle grant
projects are already awaiting grant funding.
c. Parkland Costs
As part of the process to create the Orcutt Area Fee Program described in Chapter 8, the
City paid an appraiser, Schenberger, Taylor, McCormick and Jecker to prepare an
evaluation of parkland value in the Orcutt Area (Attachment 5). The land associated with
the Neighborhood Park is flat land and the acreage is exclusive of creek corridors. The
direction provided to the appraisers was to advise the City regarding the future market
value of parkland if it were zoned for low-density residential development. The appraiser
concluded that the value of future residential land would be approximately $500,000 per
acre, after a 25% discount was applied because of uncertain market conditions (the report
was prepared in June, 2008).
The reason parkland values were evaluated as residential land is because by accepting all
of the parkland on their property, the Righetti land owners give up residential
development potential. Conversely, other property owners in the Orcutt Area benefit
from having the park located on the Righetti land because it reserves more of their
properties for housing. The City also benefits from having one large neighborhood park,
as opposed to multiple park facilities scattered throughout the area. The concentration of
park facilities in this manner allows for more efficient maintenance and programming of
recreational activities, including the provision of four tennis courts.
The Righetti property is the largest landholding in the Orcutt Area, encompassing
Righetti Hill,the Neighborhood Park site, the multi-use regional detention basin and most
of the residentially designated land south of`B' Street. Of the 143 acres that make up the
Righetti property, approximately 52 acres will be dedicated to the City without
reimbursement. These areas include the Righetti Hill open space (48 acres), the trail
junction parkland (2.49 acres), and the pocket parks located at each end of the regional
detention facility, which will be used for passive recreation and for staging access to the
Railroad Safety Trail.
The Righetti family is seeking compensation through the fee program for 11.39 acres of
parkland, which includes the majority of the Neighborhood Park and the .26-acre pocket
park at end of `D' Street. Notwithstanding the $500,000/acre value identified in the
appraisal, the property owners have agreed to the parkland value established in the OASP,
Which is $300,000 per acre.
d. Grant Funding for Orcutt Road Widening
Grant funding was recently used to complete the Orcutt Road widening project between
Laurel Lane and the railroad tracks. With the project near completion, the City is able to
substantially reduce the cost burden of this project on future residential development in
the Orcutt Area. Specifically, the share of the project cost attributed to the Orcutt Area
will be reduced from $1,123,750 to approximately $300,000. This will ultimately reduce
impacts fees by approximately$900 per unit on average.
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2. School Site Issues
Population projections prepared by San Luis Coastal Unified School District show that a
new school may be necessary once development of the Margarita Area and Orcutt Area is
close to completion. The Orcutt Area is designed to accommodate a school within its
internal street system. The location of the school was originally planned west of the
Neighborhood Park site. However, during the planning process it became apparent that
this location would be difficult to permit under State Department of Education guidelines
because of its proximity to the railroad tracks. In 2009, the School District Board
reviewed a study of alternative sites and decided not to pursue acquisition of the
Neighborhood Park site.
As a result of the direction taken by the School District Board, the OASP does not
include a specific site for a new elementary school. However, the OASP does include
policy support for a school (see OASP Section 3.2.6 and Figure 3.1). The School District
does not envision a new school facility being needed for ten to twenty years, which will
provide the City and property owners time to facilitate their planning efforts for the
eventual construction of a school in or near the Orcutt Area.
3. View Preservation on Righetti Hill
OASP Figure 2.9, shown on the previous page, highlights other key features of
development on the east slope of Righetti Hill that will preserve views and lower the
presence of rooflines on the hillside.
rP-4 —�l
:;ARK AkD RIC,471 H L
RC 'E ,
J
1/ VIEWSTOWARD
j OPEN SPACE AREA 4
h SCENiC
� BUFFER
STREET
FIGCRE 2.9 DLaGR-kM OF STREET IAYOLT TO PRESERVE MFR'S OF RIGHETII TM L
Orcutt Area Specific PL�_
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4. Affordable Housing
Section 3.3 of the OASP includes goals, policies and programs for affordable housing in
the Orcutt Area. OASP Policy 3.3.1 requires all of the affordable housing required for
new subdivisions to be met by building the affordable units within the Orcutt Area. The
requirement for affordable housing is 5% low income units plus 10% moderate income
units, and staff expects this requirement to add approximately 150 dwellings to the long-
term affordability program. Additional affordable housing is expected as property owners
take advantage of City and State affordable housing incentives, including density
bonuses, fee waivers and exceptions to certain property development standards such as
parking requirements and building height limitations.
MuicklTaylor Property Affordable Housing
During the past few months, City staff has been approached by representatives of the
Muick/Taylor properties with a proposal to develop an affordable housing project. The
project would include 40% affordable housing, with a mixture of affordability levels
targeted, including up to eight extremely-low income units that could be used for
transitional housing. The project would require phasing and the provision of interim
services to the site via Orcutt Road. If sufficient information regarding the project can be
produced by the owner's representatives in time, the Council may wish to consider
including an overview of the project in Appendix A. Staff will present more information
about the project during the public hearing and will make a recommendation regarding
inclusion in the OASP at that time.
5. Individual Property Owner Concerns
Appendix A of the OASP includes a description of each property in the Orcutt Area and
the desires of the property owner regarding future development. Appendix A was used
during the planning process to facilitate the application of land use designations and to
develop the phasing plan. It was also used to locate proposed infrastructure in such a way
that existing homes and agricultural uses would not be impacted by new development,
consistent with the intent of the"homesite"designation.
The homesite concept, discussed in Appendix A, was intended to address property owner
concerns that annexation would involve substantial fees, assessments and requirements to
dedicate land for right-of-way or other purposes. Owners wanted to shield their existing
homes from impacts associated with annexation and development of other portions of the
plan area.
The City's more recent experience with annexation of the Airport Area further supports
the concept that a successful annexation requires the City to allow for the continuation of
legal non-conforming uses, and avoid imposing new fees on property owners before they
are ready to develop.
As a result, Appendix A has been updated to discuss current City practice with respect to
annexation and provides property owners with assurances they desire regarding their
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ability to continue to live on their properties without increased costs or fees imposed as a
result of annexation or development of adjacent properties.
Final EIR—Program for Evaluation of New Development
The FEIR is an informational document that analyzes the environmental impacts of
development envisioned by the OASP. The FEIR is published in a legislative draft
format to show the changes made to the Draft EIR during the public review process.
Section 10.0 of the FEIR includes the City's responses to the public comment received on
the document.
The OASP is designed as a self-mitigating specific plan. In 2007, when preliminary
environmental studies were available, the OASP land use plan, policies and programs
were updated to reflect identified environmental constraints. In addition, Appendix C
includes a list of all mitigation measures from the FEIR that are not reflected directly in
the text of the GASP, for easy reference. Attachment 6, Exhibit A, includes the specific
findings of fact showing each environmental impact will be mitigated to a less than
significant level.
The following is an overview of key issue areas discussed in the FEIR.
1. Class I - Significant and Unavoidable Impacts
The FEIR identifies four impacts that are considered Class 1, significant and unavoidable,
in the areas of aesthetics, air quality and noise. These impacts are summarized under the
headings below. All other impacts identified in the FOR are able to be mitigated to a less
than significant level.
a. Aesthetics
Two significant and unavoidable impacts occur in the area of aesthetics because of the
change of land use from rural to urban. One impact is caused by changes to the viewshed
from Orcutt Road and Tank Farm Road, and another impact arises because of the
project's affect on the aesthetic character of the site itself, including impeded views of
Righetti Hill.
b. Air Quality
The OASP is consistent with the population assumptions of the City's General Plan and
the Air Pollution Control District's Clean Air Plan (CAP). However, the OASP includes
a low-density residential area of approximately 27 single-family homes outside of the
current URL boundary. The CAP encourages development to occur within the URL of
cities, therefore, the project is inconsistent with the CAP and a significant and
unavoidable impact is identified.
Orcutt Area Specific Pla,
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c. Noise
The noise related impacts associated with specific plan development are considered
significant and unavoidable. Development of the Orcutt Area will contribute to noise
levels on surrounding streets, such as Orcutt Road, Tank Farm Road and Johnson
Avenue, which already exceed the noise exposure standards established in the Noise
Element of the City's General Plan. The FEIR concludes that development of the Orcutt
Area will contribute further to noise levels that already exceed standards, and while
mitigation measures have been included in the GASP, the impact is considered
unavoidable.
Noise Element Policy 1.10 provides direction for when cumulative increases in noise
levels resulting from new development significantly impact existing noise-sensitive land
uses. Under these conditions, City policy recommends consideration of the following
mitigation measures:
1. Rerouting traffic onto streets that can maintain desired levels of service, consistent
with the Circulation Element, and which do not adjoin noise-sensitive land uses.
2. Rerouting trucks onto streets that do not adjoin noise-sensitive land uses.
3. Constructing noise barriers.
4. Lowering traffic speeds through street or intersection design methods (see also the
Circulation Element).
5. Retrofitting buildings with noise-reducing features.
6. Establishing financial programs, such as low cost loans to owners of noise-
impacted property, or establishment of developer fees to pay for noise mitigation
or trip reduction programs.
Section 4.5 of the OASP discusses noise and addresses noise on surrounding streets,
including Orcutt Road and Tank Farm Road. As development of the Orcutt Area
progresses, the City will work with developers to implement Noise Element Policy 1.10.
d. Statement of Overriding Considerations
By adopting a statement of overriding considerations, the City can illustrate how the
benefits of the project have been balanced with the unavoidable environmental risks.
This statement is included as part of the findings for adoption of the FED?, included in
this agenda report as Exhibit A of Attachment 6. The following topics are highlighted in
the statement of overriding considerations.
1. Provision of new Residential and Commercial Uses. The Orcutt Area Specific
Plan will develop a new residential neighborhood to meet the City's housing
needs and that designates sufficient land for neighborhood serving commercial
uses to reduce vehicle trips and provide for the convenience of area residents.
2. Provision of a Variety of Housing Types for all Income Levels. The Orcutt Area
Specific Plan provides a variety of housing types and costs to meet the needs of
Orcutt Area Specific PIL �
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renters and buyers with a variety of income-levels, including inclusionary
affordable housing for residents with moderate, low and very-low income levels.
3. Open Space and Natural Resource Protection. Implementation of the proposed
project would result in the creation of 47 acres of permanently-protected open
space on Righetti Hill, and 34 acres of creek and wetland corridors and setback
areas. The Specific Plan would protect and enhance Righetti Hill, creek/wetland
habitats, and visual resources in open space areas.
4. Provision of Park and Recreational Facilities. The Orcutt Area Specific Plan will
provide parks, recreational facilities, public squares, plazas and green spaces for
residents of the Orcutt Area.
5. Well-Planned Neighborhood Would Reduce Vehicle Trips. The Orcutt Area
Specific Plan would develop a new residential neighborhood to meet the City's
housing needs and that designates sufficient land for neighborhood serving
commercial uses to reduce vehicle trips and provide for the convenience of area
residents. In addition, the Specific Plan encourages the use of bicycles and
walking within the Plan Area by: (a) including specific policies and development
standards that will result in subdivision and building designs that facilitate bike
use and pedestrian access; (b) incorporating all classes of bike lanes and include
bike and pedestrian paths through the parks and open space areas; and (c)
providing parks, recreational facilities,public squares, plazas and green spaces for
residents of the Orcutt Area.
6. Provision of New Jobs. The project would create new construction-related and
permanent jobs in the project area. Planned commercial development would
provide new jobs that are needed to support a household within the City.
7. Implementation of the General Plan. As required by the City General Plan, the
Orcutt Area Specific Plan contains policies and standards that will facilitate
appropriate development of land, protection of open space, and provision of
adequate public facilities.
Based on the benefits discussed under these seven issue areas, the Planning Commission
has recommended approval of the OASP, even though some of the impacts associated
with the project are considered significant and unavoidable.
2. Discussion of Other Impacts
a. Traffic/Circulation
Impacts in the area of transportation are considered significant, but the mitigation
measures identified in the FEIR will reduce these impacts to less than significant levels.
Mitigation measures are required when operations at intersections, or on roadway
segments, are reduced to an unacceptable Level of Service (LOS) defined.in the City's
General Plan, Circulation Element, as LOS E or F. The Baseline LOS, and the
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Baseline+Project LOS, for roadways and intersections studied in the FEIR are identified
in FEIR Tables 4.11-5 and 4.11-6, as follows:
Table 4.11-5. Baseline and Baseline+Project Roadway Segment Levels of Service
Baseline Baseline+Project
Roadway Segment Type' Daily Lov Daily LOS2
Volume Volume
1.Broad Street,south of Orcin[ 4-Lane class I Divided 36,420 E 38.046 E
Road Arterial
2.Laurel Lane,north of Orcutt 44zie Divided Major 12,060 C 12,894 D
Road Roadway no left-turns)
3.Johnson Avenue,north of 2-Lame Undivided Major 8,310 D 9,144 D
Orcutt Road RoadyMy
4.Johnson Avenue,north of 4-Lane Divided Major 16,660 D 18,328 D
Laurel Lane with left4ums
5.Orcutt Road,west of the 4-Lane Divided Major 17,020 D 21.150 D
UPRR tracks with 101-turns)
6.Orcutt Road,north of Tank 24"Undivided Major 8,140 D 8.912 D
Farm Road Roadway
7.Tank Farm Road,east of 44Lane Divided Major 13,030 C 15.324 C
Broad Street with left-turns
8.Tank Farm Road.east or the 2-Lane Undivided Major 8,220 D 10,598 D
UPRR tracks
Notes:
,',Roadway types identified in Table 3.
-LOS=Level of service.
Bold text denotes roadway segmems with significant Impacts.
Table 4.11-6. Baseline and Baseline+ Project Intersection Levels of Service
Intersection Traffic Control Baseline Project
Dela LO Dela LO
1.Broad Street/South Street Santa Signal 31.2 C 35.4 D
Barbara Street
2.Broad Street/Orcutt Road Signal 27.9 C 31.6 C
3.Broad StreeUlndustriai Way Sighal 22.9 C 26.8 C
4.BroadStreet/Tank Farm Road Sicinal 36.3 D 41.1 D
5.Johnson Avenue/Laurel Lane Signal 18.5 B 20.9 C
6.Orcutt Road/Laurel Lane Signal 10.5 B 16.0 B
7.Orcutt Road/Johnson Avenue A[I-Way Stop 18.1 C 23.1 C
8.Orcutt Road/Tank Farm Road Two-Way Stop 17.6(31.5 C(D) 38.5 >50) E F)
9.Broad Street/Prado Road Extension Signal 18.8 B 21.7 C
Notes:
'Whole Intersection weighted average control delay expressed in seconds per vehicle using methodology described in the 2010
HCM.For side street stop controlled intersections,total control delay for the worst movement is presented in parentheses.
LOS=Level of service.For side street stop controlled Intersections,LOS for the worst movement is shown in parentheses.LOS
calculations conducted using the Synchro level of service analysis software package.
Bold text denotes intersections with significant impacts.
As illustrated by these tables, one roadway segment and one intersection are expected to
experience unacceptable levels of service after construction of the project, and mitigation
measures are included to address these conditions, for instance a new signal is
programmed for the intersection of Orcutt Road and Tank Farm Road. FEIR Table 4.11-
8 identifies three additional intersections (study intersections 4, 7 and 9) that will
experience unacceptable Levels of Service at General Plan buildout.
The projects needed to maintain an acceptable LOS at and along the impacted
intersections and roadway segments are discussed in the FEIR, and in Chapter 5 of the
OASP, Circulation. The fee program that will fund these projects is discussed in Chapter
8 of the OASP, Public Facilities Financing.
Orcutt Area Specific PIS__
Page 15
b. Biological Resources
The Orcutt Area include four distinct habitat types that have varying suitability for
supporting sensitive plant and animal species. These four habitat types are identified in
FEIR Table 4.4-1, as follows.
Table 4.4-1. Habitat Summary Table
Habitat Type Acres
Non-Native Annual Grassland222.3
Riparian Woodland 3.7
Welland 3.9
Coastal Scrub 6.9
Includes areas already developed with homes,or otherwise disturbed.
Non-native annual grassland is the dominant vegetative community found in the Orcutt
Area, and is also the area where the majority of development is proposed. The City's
existing policies require setbacks from riparian habitat areas and wetland areas, and the
coastal scrub habitat on-site is associated with the upper slopes of Righetti Hill, which
will be set aside as open space. Chapter 2 of OASP also includes goals, policies and
programs that support preservation of habitat for sensitive plant and animal species, and
appropriate mitigation where direct impacts are unavoidable or where surrounding
development would segment a habitat area to the point where it would lose its value. For
instance, Program 2.2.3b allows for .78 acres of isolated wetland seeps on the west side
of Righetti Hill to be filled to allow for residential development. The OASP sets aside
land suitable for wetland creation at twice the area of habitat lost, consistent with the
City's Conservation and Open Space Element.
In the course of developing the OASP and FEIR, biological surveys were conducted in
1998, 2002 and again in 2004 to evaluate the likelihood that special status plants or
animals would be present in areas that are proposed for development. The Orcutt Area
was evaluated for the potential to provide suitable habitat for 35 special-status plant
species, as listed in Table 4.4-2 of the FEIR. Similarly, Table 4.4-3 lists 20 special-status
animal species that may be present in the area.
During the surveys conducted as part of the FEIR, the only special status plant species
determined to be present was Cambria morning-glory. These specimens were found on
the western slope of Righetti Hill, within the proposed open space area. However,habitat
suitable for other important plant species is also present. Based on the results of the FEIR
analysis, the OASP and FEIR include requirements for seasonally-timed botanical
surveys for the special status plant species listed on the following page. Studies are also
required to determine presence or absence of native bunchgrasses.
The results of these studies will be used as part of the evaluation of future subdivision
proposals to determine if the proposed development is consistent with the goals, policies
and programs included in Chapter 2 of the GASP. In general, avoidance of habitat areas
in the preferred approach. However, the Orcutt Area includes substantial wetland,
riparian, grassland and coastal scrub habitat set aside as open space that would be suitable
to mitigate biological impacts if avoidance is not possible.
PNa 45
Orcutt Area Specific Pla._ i
Page 16
Special-suras plant Habitat
species
• Adobe sanicle • grassland,isolated seeps on
Righettl HUI
• Cambria rooming-glory a grassland
• Jones'Wa • grassland
• Marsh sandwort • tresh water emergent wetland
• Obispo Indian • grassland
paintbrush
• Rayless ragwort • rocky slopes of Righettl Hill,
grassland where weeds are
scarce
• Saline clover • grassland wetland
• San Luis Obispo sedge • grassland,coastal scrub,isolated
seeps on Righetti Hill
No special status animal species were observed during the surveys conducted. However,
suitable habitat does exist for several types of birds and other animals. As a result, the
OASP and FEIR require pre-construction surveys for special status birds, including
raptors and burrowing owls, monarch butterflies, and vernal pool fairy shrimp.
Overall, the Orcutt Area reflects lower habitat value for special status animal species
because of the high degree of ground disturbance associated with on-going agricultural
activities. In addition, the Orcutt Area is bound on all four sides by roadways and the
railroad tracks,making migration of terrestrial animals more difficult.
Related General Plan Amendments
Exhibits B and C of Attachment 6 depict the General Plan Amendments associated with
adoption of the OASP. Exhibit B shows how the LUE Map will be updated to implement
the land uses approved as part of the OASP. Exhibit C shows a modification to the
Urban Reserve Line(URL).
The URL currently includes all of the Orcutt Area with the exception of the Righetti Hill
open space. During the process to develop the OASP, a closer look at the location of the
URL resulted in a decision by the Planning Commission to modify the line to exclude
some areas on the hillside that are less suitable for development and include some flat
land on the northeast side of the hill that could accommodate low-density residential
development.
As a result, implementation of the OASP includes an amendment to the URL that would
incorporate approximately seven acres of gently rolling land on the northeast side of the
hill, while excluding a similarly sized area of steeply sloping land on the east side of the
hill. Currently, the URL follows the dirt road along the east side of the hill that leads up
to the abandoned mine. The proposed URL amendment would lower the URL by 100 to
300 feet on the hillside.
CONCURRENCES
The OASP and FEIR was developed through a collaborative process that included all City
departments with development review and public services requirements for development
Orcutt Area Specific Pla__:
Page 17
in the Orcutt Area. In addition, the Draft EIR was routed through the State Clearinghouse
to agencies with jurisdiction over development related activities in the Orcutt Area,
including the State Department of Fish and Game, the Regional Water Quality Control
Board, the Air Pollution Control District and the County Agricultural Commissioners
Office. Each of these agencies has contributed comments that are reflected in the OASP
and FEIR.
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. Development of the
Orcutt Area as a residential expansion area is consistent with the General Plan. Therefore
(even though residential areas normally cost more to maintain than they produce in city
revenue), the land use program as a whole will remain fiscally balanced with
development of the Orcutt Area.
ALTERNATIVES
1. Direct staff to make revisions to the proposed public hearing schedule.
2. Continue consideration of the proposed public hearing schedule and direct staff to
provide additional information to the City Council regarding the specific plan and
FEIR at a future meeting.
ATTACHMENTS
1. Council Agenda Report (2-12-08)
2. Planning Commission Minutes(12-10-09)
3. OASP Table 8.6: Orcutt Area Fee Program Summary
4. Dokken Engineering Bridge Estimate
5. OASP Parkland Appraisal
. 6. Resolution certifying the FEIR and approving the OASP
COUNCIL READING FILE
1. Orcutt Area Specific Plan, Final Program EIR, Technical Appendices
2. Orcutt Area Specific Plan,Public Facilities Financing Plan
The Planning Commission Draft of the Orcutt Area Specific Plan and FEIR are available
for review and purchase at the Community Development Department, 919 Palm Street.
These documents can also be downloaded from the City's website:
http://www.slocity.org/communi!ydevelol)ment/oM.asl?
G:\CD-PLAMMCODROMPIanning\OASPIsmff mpons(O8)\OASP2(CAR).doc U 7
7 1 a2 r � /
Attachment 1
Ancouncil
aaGEnaa uEpoin
CITY OF SAN LUIS OBISPO
FROM: John Mandeville,Community Development.Director
Prepared By: Michael Codron, Associate Planner
SUBJECT: PRESENTATION OF THE PUBLIC HEARING DRAFT OF THE
ORCUTT AREA SPECIFIC PLAN (OASP), AND DRAFT
ENVIRONMENTAL IMPACT REPORT(DEIR).
CAO RECOMMENDATION
Receive a presentation on the OASP and DEIR, consider the proposed public hearing
schedule,and direct staff to proceed through the public review process.
REPORT-IN-BRIEF
The Orcutt Area has been identified as one of the City's main residential expansion areas
since the 1970's. In 1998, the City accepted a Planning Application from certain Orcutt
Area property owners requesting approval of a draft specific plan that they had prepared. .
After the application was submitted,the City began working with all Orcutt Area property
owners and other stakeholders to develop a recommendation based on input from all of
the property owners, the school district, as well as General Plan policy input from staff.
In 2002, the City Council approved preparation of an environmental impact report based
on a revised specific plan as the project description and basis for environmental review.
A public hearing draft of the OASP and the DEIR for the project have been published and
are now being presented to the City Council. The OASP provides for the development of
approximately 1,000 new residences within the 230 acre plan area. Approximately 45%
of the Orcutt Area will be dedicated as open space or park land. The OASP also provides
for a centralized commercial core, a public school site and transportation projects
including a pedestrian and bike path over the railroad tracks at Industrial Way.
A public hearing schedule has been prepared that involves review of the OASP by several
advisory bodies including the Parks and Recreation Commission, Airport Land Use
Commission, Bicycle Advisory Committee, Cultural Heritage Committee, Architectural
Review Commission and Planning Commission. Staff is recommending that the City
Council direct staff to proceed through the public hearing process at this time.
DISCUSSION
Brief History of the OASP and EIR Process
The City's General Plan has identified the Orcutt Area as a residential expansion area
since the 1970's. The current boundaries of the Orcutt Area were established with the
1994 Land Use Element Map. Land Use Element Policy 1.12.3, also adopted in 1994,
Attachment 1
Orcutt Area Specific Plan and Draft EIR Overview
Page 2
says that no portion of the Orcutt Area may be annexed before a specific plan is prepared
for the whole expansion area.
In the late 1990's, certain property owners within the Orcutt Area began working with
Andrew Merriam, a local planner and designer, to prepare a specific plan to guide future
development. An application was submitted to the City in December, 1998, and the City
hired a planning consultant,Rincon Consultants,to help process the specific plan.
During the first few years, the consultant and City staff worked with all of the property
owners in the Orcutt Area that were willing to participate to try to develop consensus over
land use issues and development costs. After many revisions, a revised draft of the
specific plan was prepared in 2002, which was accepted by the majority of property
owners and the City Council as the project description for environmental review
(Attachment 1,City Council Minutes, 10-1-02).
In 2003, the City Council authorized a scope of work for an environmental impact report
(EIR) and agreed to share the cost of preparing the EIR with the applicants (Attachment
2, City Council Minutes, 2-4-03). Rincon Consultants, Inc., was selected as the EIR
consultant and the Planning Commission held a public scoping meeting on February 19,
2004, initiating the EIR preparation process. City costs associated with processing the
OASP and DEIR will be recovered through fees on future development.
2005 Environmental Studies Workbook and OASP Update
In 2005, the OASP DEIR was near completion when changes to the Urban Reserve Line
(URL) associated with adoption of the Airport Area Specific Plan made a new traffic
study necessary. When the URL was changed, the City's traffic model was updated to
include traffic generated by urban land uses on the Avila Ranch property along Buckley
Road. Once the traffic model was updated,it was determined that the OASP traffic study
would also need to be updated to insure accurate results for area intersections and
roadways,such as the Tank Farm/Broad intersection.
It took approximately one year for a new traffic study to be prepared. During this time,
the City and property owners took advantage of the downtime to update the OASP based
on 0 of the environmental studies that had been completed. The intent was to create a
self-mitigating specific plan. In other words, all of the mitigation measures now
identified in the DEIR are also reflected in the goals, policies, programs and standards of
the OASP. Certain mitigation measures that were too detailed for the body of the specific
plan document are listed in Appendix C of the GASP.
Entitlements Requested Include Annexation
The entitlements that have been requested through the planning application process
include General Plan amendments, pre-zoning, approval of the specific plan,
environmental review and annexation.
Z'.'L
��42
Orcutt Area Specific Plan and Draft EIR Overview Attachment 1
Page 3
Public Hearing Schedule
With the publication of the OASP and DEIR,a public hearing schedule has been prepared
for Council's consideration (Attachment 3). The schedule includes hearings for several
committees and commissions,including the Airport Land Use Commission,the Parks and
Recreation Commission, the Bicycle Advisory Committee along with the Architectural
Review Commission, the Cultural Heritage Committee and the Planning Commission.
This schedule is subject to change should a need for more lengthy review arise,especially
at the Planning Commission.
The discussions and conclusions made by the various advisory bodies will be reported to
the Planning Commission for consideration as part of their recommendation to the City
Council on the OASP and DEM. The schedule culminates with City Council hearings to
consider the Planning Commission's draft of the GASP,beginning in July,2008.
Overview of the Orcutt Area Specific Plan: Key Issues
Generalized Project Description
The Orcutt Area is located in the unincorporated county, southeast of and adjacent to the
City limits. The 230 acre area is bounded on three sides by the existing city limits, with
Tank Farm Road to the south, Orcutt Road to the east and north, and the Union Pacific
Railroad (UPRR) to the west (Attachment 4, Vicinity Map). There are currently 21
parcels,with thirteen different property owners,in the Orcutt Area.
The OASP includes policies and programs that will guide future annexation and
development of the area in a manner consistent with the General Plan, as required by
state law. It calls for open space, park,residential, and mixed residential and commercial
land uses (mixed-use development) as well as associated roads and multi-use
pedestrian/bike paths. A potential site for a school is also identified. Residential
development would take up approximately half of the total area, open space and
recreation approximately 45%, and the remaining land would be developed with mixed-
use and public facilities. At full buildout the plan provides for 979 homes. The OASP
contains detailed information on the acreage and location of each use,but since the exact
size of future parcels cannot be determined at the specific plan level, these numbers have
been generalized(Attachment 5,Land Use Summary).
Specific Plan Features
Some of the key features of the OASP include dedication of the Righetti Hill open space,
including trail access from the neighborhood park; extension of the Railroad Safety Trail
between Orcutt Road and Tank Farm Road; a centralized commercial core located across
the street from the park and school site; a variety of housing types with 75% of the units
planned to be in the form of duplex or other multi-family configuration; policies that
require about 150 deed-restricted affordable dwelling units to be constructed within the
Orcutt Area;guidelines to create-a cohesive neighborhood character through the design of
public and private improvements; a regional drainage solution; plans for transit to serve
,2 -J
�� ttachment 1
Orcutt Area Specific Plan and Draft EIR Overview
Page 4
the neighborhood; and a pedestrian and bike bridge that would connect the Orcutt Area to
Industrial Way and to the Broad Street corridor,including the Marigold Center.
School Site Issues
The location of the school site has been the subject of many meetings with School
j District staff as the OASP has been refined. The plan shows the 4.62-acre site located
west of the neighborhood park, with a shared school/park facility located between the
school and the railroad tracks (Attachment 6, Neighborhood Park/School Plan).
Consultations with the San Luis Coastal Unified School District indicate that the
proposed location is preferred to previously proposed sites (Attachment 7, SLCUSD
correspondence).
Parkland Issues
The Parks and Recreation Element says that residential annexation areas shall dedicate
ten acres of parkland per 1,000 residents, with five acres per 1,000 residents to be
developed as a neighborhood park. Average household size in the City is 2.198 people,
and the Orcutt Area is expected to accommodate between 2,151 and 2,198 people.
Therefore, the specific plan is required to provide between 21.5 and 22 acres of parkland
with approximately 11 acres developed as a neighborhood park.
Development of the OASP would include a 12.39 acre neighborhood park, meeting the
Parks and Recreation Element requirement for developed parkland. The OASP identifies
a total of 20.72 acres of parkland, however, additional analysis and decision making is
necessary to determine if the proposed parkland dedications meet all of the applicable
City policies and standards. For instance, the OASP currently identifies 1.55 acres of
playgrounds within multi-family developments in the parkland total. According to the
Subdivision Regulations, such private recreation facilities may be counted towards -
meeting the City's parkland requirements,with City Council approval.
In addition, some acreage that would normally count towards the total parkland acreage,
such as the area of the planned trail to the top of Righetti Hill, is not factored into the
OASP land use summary for parkland.
City staff and the applicants will continue to work through this issue and hope to develop
a resolution to the parkland requirement when we meet with the Parks and Recreation
Commission on March 5, 2008.
Urban Reserve Line
The 2002 draft of the OASP showed a modification to the Urban Reserve Line (URL)to
include all of the Orcutt Area. However, since Righetti Hill is to be designated
Conservation/Open Space with no need for City services, a revision was made to the
current OASP to keep the URL in its present location, with the exception of
approximately 7 acres of land on the northeast edge of the open space area that is
designated in the specific plan for low-density residential. A modification to the URL in
z-y
? a-�
Orcutt Area Specific Plan and Draft EIR Overview
Attachment 1
Page 5
this location is one of the General Plan amendments requested by the applicants that will
be evaluated during the public review process.
Affordable Housing
Section 3.3 of the OASP includes goals, policies and programs for implementing the
General Plan Housing Element in the Orcutt Area. OASP Policy 3.3.1 establishes a
requirement that all of the affordable housing required by the City for expansion areas
(5% low income units plus 10% moderate income units for a total of about 150 units)
shall be met by building the affordable units on-site,within the Orcutt Area.
The low income unit requirement would be met through dedication of improved land
(with curb, gutter, sidewalk, street and utilities installed) to a City-approved affordable
housing developer. The moderate income unit requirement would be met by requiring
each subdivision in the Orcutt Area to construct a minimum of 10% of the proposed units
for moderate income households.
Public Facilities Financing Plan
The City has recently contracted with Goodwin Consulting Group to prepare a Public
Facilities Financing Plan for the OASP. The plan will become Chapter 8 of the specific
plan document. The plan will evaluate the financial feasibility of all of the public
improvements identified in the OASP and DEIR, and will recommend a fee program to
insure that the costs of these improvements are equitably distributed to the property
owners in the Orcutt Area The PFFP will also identify financing mechanisms that would
be available to the owners and developers of the Orcutt Area, such as assessment districts
and reimbursement agreements.
Draft EIR and Significant Impacts
The DEIR is a public, informational document that analyzes the environmental impacts of
development envisioned by the OASP. State law requires the City to establish a 45-day
public review period for .the DEIR. During this time, public comments regarding
potential environmental impacts that are made during public hearings or in writing to City
staff are considered. After the public comment period closes, a Final EIR is prepared,
which includes responses to all of the public comment made during the 45-day review
period. The 45-day period for the OASP DEIR is proposed to run from Wednesday,
February 13th,to Monday,March 31St
The DEIR identifies four impacts that are considered Class 1, significant and
unavoidable, in the areas of aesthetics, air quality and noise. These impacts are
summarized under the headings below. All other impacts identified in the DEIR are able
to be mitigated to a less than significant level.
Trt a-ate
Attachment 1
Orcutt Area Specific Plan and Draft EIR Overview
Page 6
Aesthetics
Two significant and unavoidable impacts occur in the area of aesthetics because of the
change of land use from rural to urban. One impact is caused by changes to the viewshed
from Orcutt Road and Tank Farm Road, and another impact arises because of the
project's affect on the aesthetic character of the site itself, including impeded views of
Righetti Hill.
Air Quality
The OASP is consistent with the population assumptions of the City's General Plan and
the Air Pollution Control District's Clean Air Plan (CAP). However,the OASP includes
a low-density residential area of approximately 27 single-family homes outside of the
cement URL boundary. The CAP encourages development to occur within the URL of
cities, therefore, the project is inconsistent with the CAP and a significant and
unavoidable impact is identified
Noise
The noise related impacts associated with specific plan development are considered
significant and.unavoidable. Development of the Orcutt Area will contribute to noise
levels on surrounding streets, such as Orcutt Road, Tank Farm Road and Johnson
Avenue, which already exceed the noise exposure standards established in the Noise
Element of the City's General Plan. The DEIR concludes that development of the Orcutt
Area will contribute further to noise levels that already exceed standards, and while
mitigations have been included in the OASP,the impact is considered unavoidable.
Noise Element Policy 1.10 provides direction for when cumulative increases in noise
levels resulting from new development significantly impact existing noise-sensitive land
uses. Under these conditions, City policy recommends consideration of the following
mitigation measures:
1. Rerouting traffic onto streets that can maintain desired levels of service,consistent
with the Circulation Element,and which do not adjoin noise-sensitive land uses.
2. Rerouting trucks onto streets that do not adjoin noise-sensitive land uses.
3. Constructing noise barriers.
4. Lowering traffic speeds through street or intersection design methods(see also the
Circulation Element).
5. Retrofitting buildings with noise-reducing features.
6. Establishing financial programs,such as low cost loans to owners of noise-
impacted property,or establishment of developer fees to pay for noise mitigation
or trip reduction programs.
a -�
�Na-a3
Orcutt Area Specific Plan and Draft EIR Overview Attachment
Page 7
Section 4.5 of the OASP discusses noise and addresses noise on surrounding streets,
including Orcutt Road and Tank Farm Road. Johnson Avenue must also be addressed in
this section of the specific plan.
Traffic/Circulation
Several required transportation projects, both on-site and off-site, are identified in the
DEIR. These projects include improvements to major intersections such as
Orcutt/Johnson, Tank Farm/Orcutt, aurel/Orcum and South/Broad. The costs
associated with all of the off-site and on-site transportation improvements identified in
the DEIR have been estimated by Wallace Group, who was retained by the City and the
property owners jointly to prepare costs estimates for the proposed projects. These cost
estimates will serve as the basis for the fee program that is being developed as part of the
Public Facilities Financing Plan.
Biological Resources
The DEIR is a program level environmental impact report. With respect to biological
resources this means that the potential affects of the project are analyzed and the DEIR
establishes a method that all future development must follow to insure that potential site
specific impacts are addressed. For instance, buildout of the OASP has the potential to
impact both plant and animal species endemic to the area. The DEIR establishes study
requirements and mitigation responsibilities that would apply to future development on a
case by case basis,depending on whether or not the resources are present on the particular
site of a proposed subdivision or development project. The DEIR establishes a program
for mitigating impacts to biological resources that is very similar to the program approved
for the Margarita.Area and Airport Area Specific Plans.
Neighborhood Center Alternative
When the City Council authorized the preparation of the DEIR, it also authorized funds
for an alternative land use plan to be prepared for the Orcutt Area The City and Orcutt
Area property owners shared costs for Stephanos Polyzoides (of Moule and Polyzoides,
Inc.) to prepare the Neighborhood Center alternative plan, which is analyzed in Section
8.2 of the DEIR. From an environmental perspective, the Neighborhood Center plan is
considered inferior to the proposed specific plan because of increases in noise,traffic, and
water demand, and reduced airport compatibility..
Other Environmental Impacts
Other issue areas covered in the DEIR include cultural resources, public safety, public
services, water/wastewater, drainage and water quality, geologic hazards, agricultural
resources,growth inducing impacts,cumulative impacts and global climate change.
o2 - 7
rya-a�f
Attachment 1
Orcutt Area Specific Plan and Draft EIR Overview
Page 8
CONCURRENCES
The OASP and DEIR were developed through a collaborative process that included all
City departments with development review and public services requirements for
development in the Orcutt Area. The DEIR has been sent to the State Clearinghouse and
is being distributed to various California agencies for comment. Comments on the DEIR
will be addressed by the consultant in the Final EIR.
FISCAL UYIPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis,
which found that overall the General Plan was fiscally balanced. Development of the
Orcutt Area as a residential expansion area is consistent with the General Plan. Therefore
(even though residential areas normally cost more to maintain than they produce in city
revenue), the citywide land use program will remain fiscally balanced with development
of the Orcutt Area.
City costs associated with processing the OASP include costs for a part-time consultant
between 2000 and 2002 (approximately $63,830), the cost of the Environmental Impact
Report(approximately$200,000)and the cost of a consultant hired by the City to prepare
an alternative design for the Orcutt Area ($25,000). The City and the applicants are
sharing in the EIR preparation costs, for a total City outlay of approximately $188,830.
These costs will be recovered by the City through a fee program that would be established
with approval of a specific plan for the Orcutt Area.
ALTERNATIVES
1. Direct staff to make revisions to the proposed public hearing schedule.
2. Continue consideration of the proposed public hearing schedule and direct staff to
provide additional information to the City Council regarding the specific plan and
DEIR at a future meeting.
1. City . Minutes 10-1-2002
2. City Counci es 2-4-2003
3. Proposed Public e " chedule
4. Vicinity Map
5. OASP Table 1.1 (Land Use Summ
6. OASP Ferre 2.5((Nei borhood Park PI
The Orcutt Area Specific Plan and Draft EIR are available for review and purchase at the
Community Development Department, 919 Palm Street. These documents can also be
downloaded here: http://www.slocity.org/communitydevelopment/oasp.asp
G:MPLANWCODRONOAMs iepmb(M\0ASP-mtro(CAR).doc
02
SAN LUIS OBISPO Attachment Z
PLANNING COMMISSION MINUTES
December 10, 2009
ROLL CALL:
Present: Commissioners Michael Boswell, Michael Draze, Eric Meyer, Vice-
Chairperson Michael Multari, and Chairperson Charles Stevenson
Absent: Commissioners Airlin Singewald, Mary Whittlesey
Staff: Deputy Community Director Kim Murry, Housing Programs Manager
Michael Codron, Director John Mandeville, Peggy Mandeville Public
Works and Recording Secretary Janet Miller
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:
There were no comments made from the public.
MINUTES: Minutes of November 12, 2009 were approved as presented.
Commissioner Boswell recused himself from the public hearing item due to a potential
conflict of interest.
PUBLIC HEARINGS:
1. Orcutt Area. GP/SP/ER 209-98: Consideration of a recommendation to the City
Council to adopt the Draft Orcutt Area Specific Plan (GASP) and certify the Final
Environmental Impact Report for the project, including recommendations for
General Plan Amendments needed to implement the OASP, and recommendations
establishing pre-zoning for the Orcutt Area that would take recommendations for
General Plan Amendments needed to implement the OASP, and recommendations
establishing pre-zoning for the Orcutt Area that would take effect upon future
annexation, including an ordinance to rezone 3750 Bullock Lane from
Conservation/Open Space/Special (c/OS-S) to Medium High Density
Residential/Specific Plan (R-3-SP) and Community Commercial/Specific Plan (C-C-
SP); Barbara Parsons, applicant. (Michael Codron)
Michael Codron, Housing Programs Manager, presented the staff report, recommending
that the Planning Commission recommend approval of the Orcutt Area Specific Plan
(GASP), the project's Environmental Impact Report (EIR) and related implementation
measures to the City Council, based on findings and subject to conditions which he
outlined.
PUBLIC COMMENTS:
Draft Planning Commission 1. -rtes Attachment 2
December 10, 2009
Page 2
PUBLIC COMMENTS:
Andrew Merriam, applicant's representative, spoke in support of the staff
recommendation and reducing facility costs to make housing development viable.
Mike Cannon, applicant's representative, spoke in opposition to the bicycle/pedestrian
bridge proposed at Industrial Way due to concerns safety, maintenance, and visual
issues. Mr. Cannon suggested that the impact fees associated with the bridge could be
allocated to alternative bike projects.
Nick Muick, San Luis Obispo, Orcutt Area property owner spoke in opposition to the
costs associated with the project, including parkland.
Patti Taylor, San Luis Obispo, Orcutt Area property owner noted concerns with
development costs. Ms. Taylor requested that the Commission have staff evaluate the
legality of the applicant-drive specific plan, provide examples within the state where
other jurisdictions have accepted applications for specific plans, and provide a legal
opinion regarding the EIR because it does not provide adequate public information on
the financial plan and project costs.
Ed Garay, San Luis Obispo, Orcutt Area property owner, requested that his Orcutt area
property be excluded from the project.
Glen Mattesson, Bicycle Advisory Committee, spoke in support of the bicycle/pedestrian
bridge at Industrial Way.
Robert Maddalena, San Luis Obispo, Orcutt Area property owner, expressed concerns
that the proposed fees would make development infeasible.
David Grey, San Luis Obispo, spoke in support of the project but did not support the
bridge as part of this plan.
Dan Rivoire, San Luis Obispo, spoke in support of the bicycle and pedestrian bridge.
Jeanne Helphenstine, San Luis Obispo, spoke in support of the project. Ms.
Helphenstine questioned the need and cost of the proposed bridge.
There were no further comments made from the public.
STAFF COMMENTS TO PUBLIC COMMENTS:
Mr. Codron replied to questions raised with the following responses:
1. The Hansen Lane project is included in the OASP in order to address overall
project-related increases in vehicle trips expected to occur on Orcutt Road, not
because of the few units planned immediately adjacent to the area.
2. The fee program can change over time, as new information becomes available.
In some cases, costs may increase as building materials become more
-PH a-d7-
Draft Planning Commission 1, rtes A
ttachme
I_1 /'
December 10, 2009 1Y111T► L
Page 3
expensive, or costs may go down in the event that other funding sources for
projects, such as grant funding are acquired.
3. The parkland value was based on an independent appraisal commissioned by
the City, which estimates that parkland value at the time of dedication will be
$500,000 per acre.. However, based on the desire to develop consensus, the
property owners had agreed to a value of $300,000 per acre for the
Neighborhood Park land.
4. The consent of property owners is not required in order to create and approve a
specific plan, since it is a planning document and not an actual development
project.
5. For those property owners that didn't allow for the initial evaluation of biological
and cultural resources to occur on their property during the EIR process, there
are requirements in the Final Program EIR for future evaluations to be concluded
prior to any development.
6. The School District has provided an evaluation of alternative school sites, which
is included in the OASP by reference and kept on file in the Community
Development Department.
COMMISSION COMMENTS:
Commr. Draze discussed the difference between a project and a plan. Mr. Draze noted
that the cost concerns were ultimately a City Council decision about whether to share in
the costs of certain facilities, such as the bridge.
Commr. Meyer discussed bicycle connectivity, the City's long term goals for bicycle
transportation, and noted that the bridge was important over the long-term.
Vice-Chair Multari noted that the current economic conditions should not be the basis
for decisions regarding long term development. Mr. Multari requested clarification on
whether the bridge was an EIR mitigation measure. Staff replied that the bridge was not
a mitigation measure, but was part of the project description.
Chairperson Stevenson supported the range of housing opportunities being planned for
the area and suggested that grants be sought to fund the bridge.
On motion by Commr. Draze, seconded by Commr. Meyer, to adopt a resolution
recommending the City Council certify the Final Program EIR for the OASP based on
findings and subject to a Mitigation Monitorinq Reporting Plan as recommended by
staff.
AYES: Commrs. Draze, Meyer, Vice-Chair Multari, and Chairperson Stevenson
NOES: None
RECUSED: Commr. Boswell
ABSENT: Commrs. Singewald and Whittlesey
The motion passed on a 4:0 vote.
47H02
Draft Planning Commission i rtes
December 10, 2009 Attachment 2
Page 4
On motion by Vice-Chair Multari, seconded by Commr.. Draze, to recommend City
Council approval of the Planning Commission Draft of the Orcutt Area Specific Plan,
with the following two considerations. (1) the cost of the bike bridge should be allocated.
to the Orcutt Area at less than 100%, and (2) that property owners be given an option
for providing parkland. The motion also directs staff to include additional findings
regarding the long-term nature of the project: that planning for the Orcutt Area requires
an inter-generational look at infrastructure requirements; and that development in the
Orcutt Area will be better served by City infrastructure than by development under
County standards.
AYES: Commrs. Draze, Meyer, Vice-Chair Multari, and Chairperson Stevenson
NOES: None
RECUSED: Commr. Boswell
ABSENT: Commrs. Singewald and Whittlesey
The motion passed on a 4:0 vote.
On motion by Vice-Chair Multari. seconded by Commr. Meyer, to recommend that the
City Council approve amendments to the General Plan Land Use Map and to Land Use
Element Figure #2, establishing new land use designations for the Orcutt Area and
amending the Urban Reserve Line as shown in the OASP.
AYES: Commrs. Draze, Meyer, Vice-Chair Multari, and Chairperson Stevenson
NOES: None
RECUSED: Commr. Boswell
ABSENT: Commrs. Singewald and Whittlesey
The motion passed on a 4:0 vote.
On motion by Commr. Meyer, seconded by Commr. Draze to recommend that the Ci
Council rezone property located on 3750 Bullock Land from Conservation/Open
Space/Special to Medium-High Density Residential-Specific Plan and Community
Commercial-Specific Plan.
AYES: Commrs. Draze, Meyer, Vice-Chair Multari, and Chairperson Stevenson
NOES: None
RECUSED: Commr. Boswell
ABSENT: Commrs. Singewald and Whittlesey
The motion passed on a 4:0 vote.
On motion by Vice-Chair Multari, seconded by Commr. Meyer, to recommend that the
City Council approve annexation pre-zoning for land in the Orcutt Area consistent with
the land use designations shown in the OASP.
AYES: Commrs. Draze, Meyer, Vice-Chair Multari, and Chairperson Stevenson
NOES: None
RECUSED: Commr. Boswell
Draft Planning Commission i. .tes Attachment
2
December 10, 2009
Page 5
ABSENT: Commrs. Singewald and Whittlesey
The motion passed on a 4:0 vote.
COMMENT AND DISCUSSION:
2. Staff
a. Agenda Forecast — Staff provided an agenda forecast of the January 13th
meeting.
ADJOURMENT: The meeting was adjourned at 9:00 p.m.
Respectfully submitted by
Janet Miller
Recording Secretary
,PNS�a
Attachinent 3
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Attachment 5
BCHENBERGEi., 'TAYLOR, Emeritus
Richard L. Schenberger,ARA
MCCORMICK & JECKER Principals of the Firm
I N c O R P O R A T E D Gerald C.Taylor,SREA.MAI
Rollie A.McCormick,MAI
Real Estate Appraisers, Consultants and Investment Analysts Jerald W. Jecker, SRA
Founded in 1972 Todd O.Murphy.MAI,ARA
Associates
Jenna R. Moran
June 27, 2008 JoAnn C.Wall
Mr. Michael Codron,Associate Planner
Community Development Department
City of San Luis Obispo
919 Palm Street
San Luis Obispo,California 93401-3218
Re: Real Estate Market Data
Residential Development Land
Dear Mr. Codron:
As you have requested, we have completed a survey of real estate market data relating
to potential residential development land in the City of San Luis Obispo and nearby
communities. Enclosed is our report showing significant details of this investigation.
The intended use of this survey is for pricing potential development land for dedication
and/or mitigation purposes as part of the Orcutt Area Specific Plan. This survey is
used to evaluate the approximate land value range suggested by Mr. Byron Grant of
South County Realty in his memo to Mr. Andrew Merriam, dated April 4, 2008. The
intended user of this report is the City of San Luis Obispo. No other uses or users are
intended by the appraisers.
This report was developed in conformance with the Uniform Standard of Professional
Appraisal Practice (USPAP), and reflects an effective date of June 24, 2008.
Thank you for the opportunity to be of service. Please contact Todd Murphy with any
questions at (805) 544-2472, Extension 15.
Res eectfull submitted,
7
T'dd O. Murphy, ,ARA ohn E. But er
Principal of the Firm Associate Appraiser
California License#AG002286 California License#AT028761
TOM/JEB/jsi
Enclosure
�Na -33
1306 HIGUERA STREET• SAN LUIS OBISPO • CALIFORNIA • 93401 • (805) 544-2472 • FAX (805) 544-4396
Attachment 5
Real Estate Market Data Survey -__
This survey compiles the most relevant available data involving potential residential
development land. The term "Market Data" means an actual sale or listing of a parcel
of real property that features a most probable use as residential development land. A
"Sale" means an actual completed transaction, whereas, a "Listing" represents an offer
to sell,but no completed sale.
This survey has been compiled by reviewing numerous sources, including deed
recordings and the local Multiple Listing Service (MLS) and interviews with real estate
brokers and real estate appraisers. A total of 34 data points were identified (31 sales
and 3 listings).
Data Tables
The identified market data has been presented in several tables to provide easier
analysis. Subdivision Land Sale Summary Table 1 arrays the market data by sale date
and applicable density with the oldest sale shown as Land Sale 1, and the more recent
sales following sequentially. The data is sorted by residential density classification.
The first group comprises the low-density residential properties (typically RI zoning),
the higher densities follow (zonings R2, R3, and R4). The current listings are shown at
the end of the appropriate data group with an "L" next to the sale date.
Subdivision Land Sale Summary Tables 2 through 4 rank the market data by various
key comparable criteria, including development density (number of development units
per acre) and project scale (size of the project).
Comparative Criteria
Land sales are evaluated based on various comparative criteria or variables that affect
the prices. These key variables are briefly reviewed as follows:
Date of Sale/Market Conditions
Generally, the local residential development market reflected a surging market and
price environment up through the middle of 2006. The first indication of a "sea change"
was evident in the late spring/early summer of 2006, with a fairly abrupt change in
market conditions.
Residential home sales activity dwindled through 2006, while development land sales
dropped off rather dramatically. Residential land sales that have occurred subsequent
to June 2006 reflect this distinct change in market conditions.
1
SCHENBERGER, TAYLOR, McCORMICK & JECKER, INC. r n �3
Attachment 5
The two very dated (2002) sales considered here represent sales within the annexation
area boundaries near San Luis Obispo. These are used for price benchmarking
purposes. The older, 2004 to June 2006, sales are also useful for historical trending
purposes. Greater weight is typically given to the most current sales that have occurred
subsequent to mid-2006, although these are comparatively few in number.
Market Cycles
This appraisal reflects the market conditions that are effective as of the current date of
value. Residential market conditions typically cycle between strong and weak market
periods. This latest "boom" period was quite long by historical standards', so it is
uncertain how long the recovery will take. Market experts are predicting at least 12 to
24 months before a corresponding market rebound.
Data Quantity
Due to past community growth controls, the City of San Luis Obispo has historically
reflected relatively limited availability of subdivision development land. As such,
much of the land sales in the City of San Luis Obispo are infill properties. On a broader,
countywide scale, this analysis benefits from an active market environment in
residential development land through 2006, but has declined substantially since then.
The fewer sales since mid-2006 creates a bit of a "data gap."
Locational Factors
Many of :the subdivision land sales are located in the immediate San Luis Obispo
market area, with generally similar locational factors. Additional subdivision land sales
come from the nearby market areas of Morro Bay, Five Cities, Nipomo, and Atascadero.
These are the best development land sale comparables available.
Terms of Sale-Financing Conditions
All sales are considered to represent cash or equivalent terms. In the cases where they
were seller-financed, the interest rate and terms were equal to market.
Property Status and Development Approvals
Project approvals or "entitlements" in San Luis Obispo are typically very time-
consuming, costly, and fraught with risk of delays, uncertain development conditions,
10±years, compared to typically shorter 3-to 7-year cycles
2
SCHENBERGER, TAYLOR, McCORMICK & JECKER, INC.
�. Attachment 5
and costs, as well as outright project denial. For these reasons, an approved tract map
typically represents a dramatic enhancement in market value.
Therefore, a critical comparative indicator is the physical and legal condition that the
comparable property exhibited when it sold. The comparables shown here demonstrate
a wide range of physical and legal entitlement factors. Within the overall land
development continuum, the least valuable is raw land with no approvals. At the other
end of the spectrum are fully approved and saleable projects with all infrastructure and
site work completed.
Project Density
The term "density" refers to the number of potential lots or living units per acre of land.
This is a key comparative factor that directly affects the sale price per unit and sale price
per acre. The comparables range from 0.520 to 32.129 units per acre. All else being
equal, lower-density comparables typically sell higher on a price-per-unit basis (and
lower on a per-acre basis), whereas higher-density projects sell for less on a price-per-
unit basis (and higher on a per-acre basis), thereby illustrating the economies of scale.
Project Scale
The number of developable units exhibited by the sales range from 2 to 178. Due to
longer absorption times, holding costs, infrastructure improvements, entitlement issues, .
and development complexity, the larger-scale projects generally sell for a lesser price on
a per-unit basis.
Topography, Soils, and Development Costs
These comparables reflect varying development cost levels with regard to slope and soil
factors.
Development Fees
Development fees have an impact on land prices and as fees increase, land values
decrease, all else being equal. These sales reflect varying fee levels within different
jurisdictions.
Units of Comparison
The primary units of comparison here is the price per developable unit and price per
acre. The price per potential developable unit (or developable lot) is most commonly
used by local developers when the project density is known (i.e., established by tract
3
:PNa- JL
SCHENBERGER, TAYLOR, McCORMICK & JECKER, INC.
Attachment 5
map approvals) or anticipated. When the density is not known, the price per acre may
be a more relevant unit of comparison.
Data Recap
The development land sales represent the best available sales for proposed residential
development land. The sales range from $28,252 to $3,695,652 per acre. The $28,252
sale is 88.49 acres with roughly one-half zoned Single Family Residential and one-half
zoned Agriculture, with a very uncertain development outlook. The $3,695,652 sale is a
very small parcel. Sales 1 and 2 are quite dated, but reflect properties in San Luis
Obispo annexation areas. Overall, the sale data falls in the following density and price
ranges:
Density Density Range' Price per Acre
R1 0.520 to 7.221 $28,252 to $2,000,000
R2 and R3 5.747 to 18.735 $708,029 to $3,437,500
R4 10.554 to 32.129 $1,339,286 to $3,695,652
Current market conditions would argue for a lower price; however, the discount would
be somewhat tempered by the historical scarcity of development land near San Luis
Obispoz. Mid-level home prices in San Luis Obispo are off perhaps 10% to 15% from
the peak of the market in early 2006. This argues for an approximate discount of 20% to
25% off subdivision land in San Luis Obispo. As a comparison, in Santa Maria, resales
of subdivision land in 2007 reflect discounts of 40% to 50% off the prior sale prices,
while home prices in 2004-2005 are off 20% to 35%.
Conclusions—Orcutt Area Specific Plan
The assumptions used by Mr. Byron Grant of South County Realty reflect an assumed
density of 4.5 to 5.0 units per acre. This falls into the "low" density category. In
addition, Mr. Grant assumes land zoned for residential land,but not fully entitled.
1 Unit per acre
z The Margarita and Orcutt areas will represent substantial additions to the development land inventory.
4
SCHENBERGER, TAYLOR, McCORMICK & JECKER, INC.
Attachment 5
In terms of a property zoned for residential but not with tract map approval, Land
Sale 6 represents a smaller, 3.34-acre infill development site in San Luis Obispo with a
density of 3.30 units per acre. This property sold in December 2004 for $688,623 per
acre. It is a more sloping site, with higher development costs. If this sale is adjusted
downward 20% to 25% for current market conditions, it suggests a current price
indication as follows:
Sale Price per Acre $688,623 $688,623
Market Conditions -25% -20%
Adjusted Price per Acre $516,467 $550,898
This sale indicates a current market value range of$516,467 to $550,898 per acre. This is
very supportive of the range of $500,000 to $550,000 per acre suggested by Mr. Grant.
Additional attention is given to Sale 25, a 5-acre site on Broad Street in San Luis Obispo
that sold in November 2005 with full approvals for 61 units. This directly equals 12.20
units per acre, and a price of $2,200,000 per acre. If this sale is adjusted 30% to 35% for
approvals, this provides the following range:
Sale Price per Acre $2,200,000 $2,200,000
Market Conditions -25% -20%
Adjusted Price per Acre $1,650,000 $1,760,000
Approvals -35% -30%
Indicated Market Value per Acre $1,072,500 $1,232,000
This suggests a price indication of $1,072,500 to $1,232,000 per acre ($80,000± to
$100,000± per unit) for raw land zoned, but without approvals, at a density of 12.20
units per acre.
Conclusions
Assuming annexed and "zoned" (but not fully approved) land, the price range
suggested by Mr. Grant appears supported for low-density residential development
land, but would be considered low for medium-density residential land in San Luis
Obispo.
5
Pg01 _Jr
SCHENBERGER, TAYLOR, McCORMICK & JECKER, INC.
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City Council Resolution No. (2010 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE ORCUTT AREA SPECIFIC PLAN,ADOPTING THE ORCUTT
AREA SPECIFIC PLAN,AND APPROVING GENERAL PLAN AMENDMENTS TO
IMPLEMENT THE LAND USES APPROVED IN THE SPECIFIC PLAN
(SP, ER 209-98)
WHEREAS, the City Council of the City of San Luis Obispo met in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California on March 2, 2010, for the purpose of
considering a recommendation made by the Planning Commission to certify the Final Program
Environmental Impact Report (EIR) for the Orcutt Area Specific Plan (OASP), adopt the OASP,
and approve associated General Plan amendments to implement the land uses shown in the
OASP; and
WHEREAS, the Planning Commission recommendation was based on public input
received over the course of eight public hearings, and the advice and recommendations of other
City advisory bodies including the Parks and Recreation Commission, the Bicycle Advisory
Committee, the Cultural Heritage Committee and the Architectural Review Commission; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Review
Guidelines; and
WHEREAS, development of the Orcutt Area is expected to occur over a twenty to thirty
year horizon, and therefore requires an intergenerational look at infrastructure requirements and
planning for long-term City goals; and
WHEREAS, development of the Orcutt Area will be better served by City infrastructure,
including police, fire, water and sewer service, and City streets, and described in the GASP; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff presented at
said meeting.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. EIR Certification. The City Council does hereby certify the EIR based
on the Findings of Fact and Statement of Overriding Considerations included in Exhibit A, and
City Council Resolution N,. k2010 Series) —' Aftcb wt.6
Page 2
subject to a Mitigation Measure Monitoring Plan maintained on file in the Community
Development Department.
SECTION 2. Adoption of the OASP. The City Council doesh eby adopt the
Planning Commission Draft of the Orcutt Area Specific Plan and direccthe Community
Development Director to begin implementation of the Plan by working with property owners to
develop a boundary map fora one-time, City-sponsored annexation.
SECTION 3. General Plan Amendments. The City Council does hereby amend the
General Plan Land Use Map to implement the land use designations approved as part of the
Orcutt Area Specific Plan, as shown in Exhibit B. Figure 2 of the Land Use Element shall be
revised amending the location of the Urban Reserve Line, as shown in Exhibit C. These General
Plan amendments are approved based on the following findings:
1. The proposed amendments to the General Plan Land Use Map implement the Orcutt
Area Specific Plan, by updating the General Plan with the land uses identified in the specific plan
for Orcutt Area properties.
2. The land uses proposed for the Orcutt Area are consistent with the General Plan,
which identifies the Orcutt Area as a residential expansion area.
3. The proposed amendments are necessary to implement the General Plan, which says
that development in any part of the Orcutt Area may not occur until a specific plan has been
adopted for the whole area
4. The proposed Urban Reserve Line (URL) expansion is r"ly justified because
the revised URL incorporates relatively flat land on the north side of Righetti Hill that is suitable
for development, and excludes a similarly sized area on the upper slopes of the west side of
Righetti Hill, which is not suitable for development.
Upon motion of , seconded by
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 2nd day of March, 2010.
:PNa-g3
City Council Resolution N,,. X2010 Series) Attachment 6
Page 3
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO FORM:
stine Dietrick, City Attorney
��102 VT
Findings of Fact and Statement._verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
SECTION 1. INTRODUCTION
The City of San Luis Obispo (City) has decided to approve the Orcutt Area Specific Plan
(project). The City is the lead agency under the California Environmental Quality Act (CEQA)
and has certified a program environmental impact report(EIR) for the project.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and
Section 21081 of the Public Resources Code require a lead agency to adopt findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact,
the lead agency must find that:
— Changes or alterations have been incorporated into the project to avoid or substantially lessen the
significant environmental effects identified in the EIR;
— Such changes or alterations are urithin the responsibility and jurisdiction of another public
agency and should be adopted by that agency,or
— Specific economic, social, legal, technological, or other considerations make the mitigation
measures or alternatives identified in the ER infeasible.
In addition to making a finding for each significant impact,if the lead agency approves a project
without mitigating all of the significant impacts, it must prepare a statement of overriding
considerations, in which it balances the benefits of the project against the unavoidable
environmental risks. The statement of overriding considerations must explain the social,
economic, or other reasons for approving the project despite its environmental impacts (14 CCR
15093,Pub.Res. Code 21081).
This document contains the findings and statement of overriding considerations for the
approval of the Orcutt Area Specific Plan and reflects the City's independent judgment. This
document incorporates by reference the program EIR. The EIR, specific plan, and other
portions of the administrative record are available for review at:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo,CA 93401
Contact: Michael Codron
(805)781-7175
SECTION 2. PROJECT DESCRIPTION
A. PROJECT OBJECTIVES
As required by the City General Plan, the specific plan is intended to contain policies and
standards that will facilitate appropriate development of land, protection of open space, and
provision of adequate public facilities. The specific plan is more detailed than the general plan
but less precise than subdivision maps or construction plans. The overall objective of the
City of San Luis Obispo December 2009
-PNa�`fs
Findings of Fact and Statement ;verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
project is to adopt a specific plan for the Orcutt area, pursuant to the City General Plan. Orcutt
Area Specific Plan objectives include:
1. Develop a new residential neighborhood to meet the City's housing needs and that designates
sufficient land for neighborhood serving commercial uses to reduce vehicle trips and provide for
the convenience of area residents.
2. Provide a variety of housing types and costs to meet the needs of renters and buyers with a
variety of income-levels, including inclusionary affordable housing for residents with moderate,
low and very-low income levels.
3. Protect and enhance Righetti Hill, creek/wetland habitats, and visual resources in open space
areas.
4. Provide a variety of park and recreational facilities for residents of the Orcutt Area, such as parks,
recreational facilities,public squares,plazas and green spaces.
5. Phase the proposed development so that public facilities are developed concurrently with each new
phase in a rational and cost effective fashion.
6. Encourage the use of bicycles and walking within the Plan Area by including specific policies or
development standards that will result in subdivision and building designs that facilitate bike use
and pedestrian access. Incorporate all classes of bike lanes and include bike and pedestrian paths
through the parks and open space areas.
7. Protect the new residents from railroad noise through a variety of measures consistent with Noise
Element Policies 1.8.2, Mitigating Outdoor Noise Exposure, and 18.3 Mitigating Indoor Noise
Exposure.
8. Create a regional detention system to facilitate drainage solutions for future subdivisions.
B. PROPOSED PROTECT
The proposed project includes implementation of the goals and policies contained in the Orcutt
Area Specific Plan. The Orcutt Area Specific Plan is a specific plan that would guide the
annexation and development of the Plan Area. The Plan Area is 231 acres of property east of
the southern portion of the City. The proposed Specific Plan designates the land for 113 acres of
residential, 0.25 acres of neighborhood commercial, 81 acres of open space, 21 acres of parks,
and a 5 acre school site. Urban infrastructure to support this development would also be
included in the near term Infrastructure requirements include roads, water and wastewater
conveyance systems, and stormwater conveyance systems. The Specific Plan proposes an
adjustment of the Urban Reserve Line (URL) to include the entire Plan Area within the City's
Urban Reserve Area.
SECTION 3. ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The program EIR was prepared in compliance with CEQA and State CEQA Guidelines. As
such, the EIR contains analysis, at a program level, of the basic issues that will be used in
conjunction with subsequent tiered environmental documents for specific projects related to the
City of San Luis Obispo December 2009
2
PHC;L YL
Findings of Fact and Statement,--.. erfiding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
Orcutt Area Specific Plan. Once the Orcutt Area Specific Plan is adopted by the City, the basic
policy issues will not need to be revisited by subsequent(second-tier) documents.
The DEIR, dated December 2007, was circulated to appropriate public agencies, organizations,
and interested groups and individuals for a period of 60 days (through February 28, 2008).
Between February and June 2008, the Planning Commission held six public hearings to discuss
the Public Hearing Draft of the Orcutt Area Specific Plan and the Draft EIR for the project.
Based on comments received during this period, portions of the DEIR were revised to address
technical issues raised in several letters. The City recirculated these portions of the Revised
DEIR, which included the Agricultural Resources section, Water and Wastewater section, as
well as the Executive Summary. The City extended the public review period through June 2008
and received several additional comments on the Revised DEIR.
B. IMPACT ANALYSIS
Three categories of impacts are identified in the.Environmental Impact Report:
Class I. Class I impacts are significant and unavoidable. To approve a project resulting in
Class I impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that "specific legal, technological, economic, social, or other
considerations make infeasible the mitigation measures or alternatives identified in the EIR".
Class H. Class II impacts are significant but can be mitigated to a level of insignificance by
measures identified in this EIR and the project description. When approving a
project with Class II impacts, the decision-makers must make findings that changes
or alternatives to the project have been incorporated that reduce the impacts to a less
than significant level .
Class III. Class III impacts are adverse but not significant.
SECTION 4. FINDINGS FOR LESS THAN SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT
The City Council has concluded that the following effects are not considered significant.
A. AGRICULTURE
1. Impact AG-1 Although the proposed project would permanently convert soils that have
been defined by the City as prime agriculture lands, the value of the Orcutt Area's
agricultural land resources, as measured by the LESA Model, is not considered significant.
Therefore, the project would result in Class III, less than significant, impacts related to
agricultural conversion.
a. Miti a'g tion: None
City of San Luis Obispo December 2009
3 60H9-q-?-
Findings of Fact and Statement veniding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
b. Fes: The City finds that the impact is adverse,but less than significant.
B. AIR QUALITY
1. Impact AQ-2 Specific Plan traffic generation, together with other cumulative traffic
associated with foreseeable development would not result in CO"hotspots". Therefore, the
Specific Plan's potential to generate CO "hotspots" is considered to be a Class III, less than
significant impact.
a. Mitigation: None
b. Fm�dm : The City finds that the impact is adverse,but less than significant.
C. BIOLOGICAL RESOURCES
1. Impact B-1 Development under the proposed Specific Plan would result in the conversion
of non-native annual grassland habitat to urban uses. This is considered a Class III, less
than significant impact.
a. Mitigation: None
b. Fes: The City finds that the impact is adverse,but less than significant.
D. GEOLOGIC HAZARDS
1. Impact G-1 Seismically induced ground shaking could destroy or damage structures and
infrastructure developed for the project site, resulting in loss of property or risk to human
health. This is considered a Class III, less than significant impact.
a. Mitigation: None
b. Fes: The City finds that the impact is adverse,but less than significant.
E.. NOISE
1. Impact N-2 Specific plan-generated traffic would incrementally increase noise levels along
roads in the Specific Plan vicinity. The effect of this noise on off-site sensitive receptors in
the area, and also within the Specific Plan area, is considered a Class III, less than
significant impact.
a. Mitigation: None
b. Finding: The City finds that the impact is adverse,but less than significant.
City of San Luis Obispo December 2009
4 Pta-qr
Findings of Fact and Statement.,_iverriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
2. Impact N-3 Although noise associated with airport operations would affect sensitive
receptors in the Plan Area, the impact would be considered Class III,less than significant.
a. Mitigation: None
b. Fes: The City finds that the impact is adverse,but less than significant.
R PUBLIC SERVICES
1. Impact PS-1 Annexation and development of the Orcutt Area would increase the number
of residents served by the City of San Luis Obispo Police Department. Additional service
needs would decrease the amount of patrol unit available time. This is considered a Class
III,less than significant impact.
a. Mitigation: None
b. Finding: The City finds that the impact is adverse,but less than significant.
G. WATER AND WASTEWATER
1. Impact W-1 The project would increase demand on City of San Luis Obispo potable water
supplies by an estimated 260 AFY. Impacts to the City's water supply are considered Class
III,less than significant,with payment of Water Impact Fees..
c. Mitigation: None
d. Fes: The City finds that the impact is adverse,but less than significant.
2. Impact W-2 Buildout of the Orcutt Area Specific Plan would generate an estimated 162,856
gallons of wastewater per day, which would be treated by the City's Water Reclamation
Facility. Because this facility has sufficient capacity to accommodate the proposed project,
this impact is considered Class III, less than significant.
c. Mitigation: None
d. Findin The City finds that the impact is adverse,but less than significant.
SECTION 5. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL
EFFECTS OF THE PROPOSED PROJECT THAT HAVE BEEN
MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
This section presents the project's significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations
[CCR]) and Section 21081 of the Public Resources Code require a lead agency to make findings
City of San Luis Obispo December 2009
5 XP--�f
Findings of Fact and Statement,_ overriding Considerations _.
Orcutt Area Specific Plan Attachment 6-Exhibit A
for each significant environmental impact disclosed in an EIR. Specifically, for each significant
impact,the lead agency must find that:
— Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
— Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted Inj such other agency.
— Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies impacts that can be fully avoided or reduced to a less-than-significant
level through the incorporation of feasible mitigation measures into the project, as identified in
the program EIR. The impacts identified in this section are considered in the same sequence in
which they appear in the draft EIR.
A. AESTHETICS
1. Impact AES-3: Light and glare produced from the proposed project would extend the area
of night light across the project site, altering the nighttime sky due to lighting and daytime
glare associated with plaster-type walls and/or brightly painted surfaces. This may affect
the residences in the vicinity of the site and views from local roadways. This is considered a
Class 11,significant but mitigable impact.
a. N itiation: The proposed Specific Plan includes the following goals, policies and
programs which are intended to address potential impacts associated with this issue:
Goal 4.4, Policies 4.4.1 through 4.4.3, and Program 4.4.3a. Implementation of these
provisions of the Specific Plan would reduce impacts to some extent. However,impacts
would remain significant. The following mitigation measures are required to fully
mitigate potential light and glare impacts.
— Mitigation Measure AES-3(a) Minimize Lighting on Public Areas. Lighting shall be
shielded as shown in the.Specific Plan and directed downward. Lighting shall not be
mounted more than 16 feet high. Streetlights, where they are included, shall be
primarily for pedestrian safety, and shall not provide widespread illumination
unless necessary to comply with safety requirements, as determined by the Public
Works Director. Street lighting should focus on intersections and should be placed
between intersections only when itis necessary to comply with safety requirements,
as determined by the Public Works Director. Trail lighting shall be at a scale
appropriate for pedestrians, utilizing bollards, although overhead lighting may be
used where vandalism of bollard lights is a concern. Prior to development of
individual lots, proposed lighting shall be indicated on site plans and shall
demonstrate that spill-over of lighting would not affect nearby residential areas.
City of San Luis Obispo December 2009
6 40Ha -s
Findings of Fact and Statement,_.werriding Considerations
Orcutt Area Specific Pari Attachment 6-Exhibit A
b. Finding: The City finds that the mitigation measure is feasible and has been adopted.
Implementation of the applicable provisions of the Specific Plan, in combination with
the proposed mitigation measure, would reduce project-specific impacts to a less than
significant level.
B. AGRICULTURAL RESOURCES
1. Impact AG-2: Development may result in land use conflicts between existing residential
uses and agricultural operations on-site as well as off-site on adjacent properties. This is
considered a Class H,significant but mitigable,impact.
a. Mitigation: The proposed Specific Plan incorporates the following provisions intended
to help reduce agricultural impacts: Policy 3.2.25, Program 3.2.25a, and Program
3.2.25b. Implementation of the above provisions would reduce impacts between
agriculture and adjacent planned residential uses,however the notification requirements
specified in Program 3.2.25a would place an unnecessary burden on agriculture, rather
than protecting it. The existing requirements of the County's Right-to-Farm Ordinance
are more fair to agriculture, while still providing reasonable notice to future residents.
The following mitigation measures are required to fully mitigate potential impacts
related to this issue.
— Mitigation Measure AG-2(a) Maintain 100-Foot Agricultural Buffer. If adjacent
land is still used for grazing purposes at the time of subdivision, a minimum 100-
foot buffer between the Righetti family ranch home site. The buffer shall occur on
any parcel proposed for development that is adjacent to the northern boundary of
the Righetti home site(See Figure 4.2-3).
— Mitigation Measure AG-2(b) Right-to-Farm Notification Requirements. To prevent
unnecessary burdening of agricultural operations, proposed Specific Plan Program
3.2.25a shall be revised as follows:
Program 3.2.25a. In accordance with the County Right to Farm Ordinance (No.
2050), upon the transfer of real property in the Specific Plan area, the transferor shall
deliver to the prospective transferee a written disclosure statement that shall make all
prospective homeowners in the proposed project aware that although potential
impacts or discomforts between agricultural and non-agricultural uses may be
lessened by proper maintenance, some level of incompatibility between the two uses
would remain.
b. Findnne The City finds that the mitigation measures are feasible and have been adopted.
With the implementation of the Specific Plan's proposed goals and policies, as well as
the mitigation measures described above, agricultural-related land use compatibility
impacts resulting would be reduced to a less than significant level.
City of San Luis Obispo December 2009
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Findings of Fact and Statement. wer iding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
C. AIR QUALITY
1. Impact AQ-1: Vehicular operations associated with development under the Specific Plan
would result in the emission of levels of air pollutants that would exceed recommended
significance thresholds and are therefore considered to have a Class II, significant but
mitigable, impact.
a. Miti ation: The Specific Plan includes bikeways, pedestrian walkways, and access to
public transit routes that will reduce the need for vehicle transportation and therefore
reduce the amount of emissions (Specific Plan Goal 5.3 and associated policies and
programs). The Specific Plan also encourages the use of solar energy sources for
residential and commercial uses (Specific Plan Policies 4.7.1 and 4.7.2). Finally, bike
lanes have been designed to provide continuous connections through the Specific Plan
area, consistent with regional goals related to reducing dependence on motorized
vehicle travel.
The following standard site design and discretionary energy efficiency mitigation
measures are recommended:
— Mitigation Measure AQ-1(a) Energy Efficiency. The building energy efficiency
rating shall be 10% above what is required by Title 24 requirements for all buildings
within the Specific Plan Area. The following energy-conserving techniques shall be
incorporated unless the applicant demonstrates their infeasibility to the satisfaction
of City Planning and Building Department staff: increase walls and attic insulation
beyond Title 24 requirements; orient buildings to maximize natural heating and
cooling; plant shade trees along southern exposures of buildings to reduce summer
cooling needs; use roof material with a solar reflectance value meeting the
EPA/DOE Energy Star rating; build in energy efficient appliances; use low energy
street lighting and traffic signals; use energy efficient interior lighting; use solar
water heaters;and use double-paned windows.
— Mitigation Measure AQ-1(b) Transit. Bus turnouts and shelter improvements with
direct pedestrian access shall be installed at all bus stops.
— Mitigation Measure AQ-1(c) Shade Trees. All parking lots shall include shade trees
within the parking area. There shall be at least one shade tree for every six vehicle
parking spaces.
— Mitigation Measure AQ-1(d) Telecommuting. All new homes within the Specific
Plan area shall be constructed with internal wiring/cabling that allows
telecommuting, teleconferencing,and telelearning to occur simultaneously in at least
three locations in each home.
— Mitigation Measure AQ-1(e) Pathways. Where feasible, all cul-de-sacs and dead-
end streets shall be links by pathways to encourage pedestrian and bicycle travel.
City of San Luis Obispo December 2009
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Findings of Fact and Statement._ verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
— Mitigation Measure AQ-1(f) Pedestrian Signalization. All new signalized
intersections shall include signalization to accommodate pedestrian crossings.
Pedestrian signalization shall allow pedestrians to call for a traffic signal change.
b. Finding. The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the above mitigation would reduce impacts to a less than
significant level.
2 Impact AQ-3: Development under the proposed Specific Plan has the potential to generate
construction related emissions as the site develops. Although these emissions cannot be
quantified at the Program EIR level, since San Luis Obispo County is currently non-
attainment for PM,o, development under the.Specific Plan would contribute to this existing
significant condition. Therefore, construction related emissions are considered to be Class
I1,significant but mitigable.
a. Mitigation: Because all construction projects can produce nuisance dust emissions, dust
mitigation measures are required for all construction activities. The following
mitigation measures are recommended to minimize emissions and to reduce the amount
of dust that drifts onto adjacent properties. These measures would apply to both tract
grading and development of individual lots.
Mitigation Measure AQ-3(a) Application of CBACT. The following measures shall
be implemented to reduce combustion emissions from construction equipment
where a project will have an area of disturbance greater than 1 acre, or for all
projects, regardless of the size of ground disturbance, when that disturbance would
be conducted adjacent to sensitive receptors.
■ Specific Plan applicants shall submit for review by the Community Development
Department and APCD staff a grading plan showing the area to be disturbed
and a description of construction equipment that will be used and pollution
reduction measures that will be implemented. Upon confirmation by the
Community Development.Department and APCD, appropriate CBACT features
shall be applied. The application of these features shall occur prior to Specific
Plan construction.
■ Specific Plan applicants shall be required to ensure that all construction
equipment and portable engines are properly maintained and tuned according to
manufacturer's specifications.
■ Specific Plan applicants shall be required to ensure that off-road and portable
diesel powered equipment, including but not limited to bulldozers, graders,
cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power
units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non-taxed
off-road diesel is acceptable).
■ Specific Plan applicants shall be required to install diesel oxidation catalysts on
off-road construction equipment and on-road haul trucks projected to generate
the greatest emissions. The number of catalysts required shall be determined in
consultation with APCD prior to the start of construction. Installations must be
prepared according to manufacturer's specifications.
City of San Luis Obispo December 2009
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Findings of Fact and Statement, rerriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
• Maximize, to the extent feasible, the use of diesel construction equipment
meeting ARB's 1996 and newer certification standard for off-road heavy-duty
diesel engines.
• Maximize, to the extent feasible, the use of on-road heavy-duty equipment and
trucks that meet the ARB's 1998 or newer certification standard for on-road
heavy-duty diesel engines.
■ All on and off-road diesel equipment shall not be allowed to idle for more than 5
minutes. Signs shall be posted in the designated queuing areas and on job sites
to remind drivers and operators of the 5 minute idling limit.
Mitigation Measure AQ-3(b) Dust Control. The following measures shall be
implemented to reduce PM10 emissions during all Specific Plan construction:
■ Reduce the amount of the disturbed area where possible.
• Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Water shall be applied as soon as possible whenever
wind speeds exceed 15 miles per hour. Reclaimed (nonpotable) water should be
used whenever possible.
■ All dirt-stock-pile areas shall be sprayed daily as needed.
■ Permanent dust control measures shall be identified in the approved Specific
Plan revegetation and landscape plans and implemented as soon as possible
following completion of any soil disturbing activities.
■ Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast-germinating native grass
seed and watered until vegetation is established.
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD.
• All roadways, driveways,sidewalks, etc., to be paved shall be completed as soon
as possible. In addition, building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
■ Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
■ All trucks hauling dirt, sand, soil or other loose materials shall be covered or
shall maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with CVC Section 23114.
■ Install wheel washers where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be used where
feasible.
— Mitigation Measure AQ-3(c) Cover Stockpiled Soils. If importation, exportation, or
stockpiling of fill material is involved, soil stockpiled for more than two days shall
be covered, kept moist, or treated with soil binders to prevent dust generation.
Trucks transporting material shall be tarped from the point of origin.
City of San Luis Obispo December 2009
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Findings of Fact and Statement. ✓erriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
— Mitigation Measure AQ-3(d) Dust Control Monitor. On all projects with an area of
disturbance greater than 1 acre, the contractor or builder shall designate a person or
persons to monitor the dust control program and to order increased watering as
necessary to prevent transport of dust off-site. Their duties shall include holiday
and weekend periods when work may not be in progress.
b. Finding: The City finds that the above mitigation measures are feasible and have been
adopted. Air quality impacts associated with construction of the Specific Plan would be'
adverse but not significant after mitigation measures are applied.
D. BIOLOGICAL RESOURCES
1. Impact B-2: Development under the proposed Specific Plan could potentially impact
special-status plant species and plant communities of special concern within the Plan Area.
This is considered a Class II,significant but mitigable impact.
a. Mitigation: The proposed Specific Plan includes the following goals, policies, and
programs, which are intended to address potential impacts associated with this issue:.
Goal 2.2a through Goal 2.2c. Implementation of these provisions of the Specific Plan
would reduce impacts to some extent. However, the following mitigation measures are
required to further reduce impacts to biological resources.
Mitigation Measure B-2(a) Seasonally-Timed Botanical Surveys. When an
applicant requests entitlements from the City under the Specific Plan, the City shall
require the submittal of seasonally timed directed floral surveys based on the target
list of plant species identified in Table 4.4-2 to be completed in the spring and
summer to determine the presence or absence of these species. The following table
lists each potential on-site special-status plant species and where to survey for the
species:
Special-status plant species Habitat
• Adobe sanicle • grassland, isolated seeps on Righetti Hill
• Cambria morning-glory • grassland
• Jones'layia • grassland
• Marsh sandwort • fresh water emergent wetland
• Obispo Indian paintbrush • grassland
• Rayless ragwort • rocky slopes of Righetti Hill,grassland where weeds are scarce
• Saline clover • grassland,wetland
• San Luis Obispo sedge • grassland,coastal scrub, isolated seeps on Righetti Hill
The survey shall be conducted by a qualified biologist verified by the City. Up to
three separate survey visits may be required to capture the flowering period of the
target species. The location and extent of any rare plant occurrences observed on the
site should be documented in a report and accurately mapped onto site-specific
topographic maps and aerial photographs. If special-status plants are identified, the
development pursuant to the Specific Plan shall submit written proof that the CDFG
has been contacted.
City of San Luis Obispo December 2009
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Findings of Fact and Statement,. ✓erriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
— Mitigation Measure B-2(b) Special-Status Plant Buffer. Where special-status plants
are found, site development plans shall be modified to avoid such occurrences with
a minimum buffer of 50 feet. The applicant seeking entitlement shall establish
conservation easements for such preserved areas, prior to issuance of the first
building permit for subsequent tracts. The Specific Plan shall be amended at that
time to place these areas formally into open space,possibly as an overlay area.
If total avoidance is economically or technologically infeasible then plants shall be
salvaged and relocated under direction of an approved botanist, in accordance with
Mitigation Measures B-2(c) through B-2(f). If total avoidance can be achieved,
Mitigation Measures B-2(c) through B-2(f) would not be required. (It should be
noted that avoidance is likely to be more cost effective in the long run compared to
mitigation in the form of salvage and relocation).
If total avoidance of special-status plant species can be achieved through Mitigation Measure B-
2(b), Mitigation Measures B-2(c) through B-2(0 would not be required.
— Mitigation Measure B-2(c) Incidental Take Permit. In the event that state listed
species are discovered, the applicant seeking entitlements shall submit to the City
signed copies of an incidental take permit and enacting agreements from the CDFG
regarding those species as necessary under Section 2081 of the California Fish and
Game Code prior to the initiation of grading. If a plant species that is listed under
the federal Endangered Species Act is discovered, the applicant seeking entitlements
shall provide proof of compliance with the federal Endangered Species Act,inclusive
as necessary of signed copies of incidental take permit and associated enacting
agreements,to the City prior to the initiation of grading.
— Mitigation Measure B-2(d) Special-Status Species CDFG-Approved Mitigation
Plan. If total avoidance of the species occurrences is economically or technologically
infeasible, a mitigation program shall be developed by the City in consultation with
CDFG as appropriate. A research study to determine the best mitigation approach
for each particular species to be salvaged shall be conducted. The special-status
plant species mitigation program may include the following:
• The overall goal and measurable objectives of the mitigation and monitoring
plan,
■ Specific areas proposed for revegetation and their size. Potential sites for
mitigation would be any suitable site within proposed open space depending on
the species that is appropriately buffered from development. For a list of
suitable habitats for the mitigation of each species refer to the list in Mitigation
Measure B-2(a).
• Specific habitat management and protection concepts to be used to ensure long-
term maintenance and protection of the special-status plant species to be
included (i.e.: annual population census surveys and habitat assessments;
establishment of monitoring reference sites; fencing of special-status plant
species preserves and signage to identify the environmentally sensitive areas; a
seasonally-timed weed abatement program; and seasonally-timed seed and/or
City of San Luis Obispo December 2009
12
Findings of Fact and Statement, .verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
topsoil collection, propagation, and reintroduction of special-status plant species
into specified receiver sites);
■ Success criteria based on the goals and measurable objectives to ensure a viable
population(s) on the project site in perpetuity;
■ An education program to inform residents of the presence of special-status plant
species and sensitive biological resources on-site, and to provide methods that
residents can employ to reduce impacts to these species/resources in protected
open space areas;
■ Reporting requirements to ensure consistent data collection and reporting
methods used by monitoring personnel;and
■ Funding mechanism
— Mitigation Measure B-2(e) Special-Status Plant Monitoring Frequency. Monitoring
shall occur annually and shall last at least five years to ensure successful
establishment of all re-introduced or salvaged plants and no-net-loss of the species
or its habitat. In the case of annual plants it is difficult to determine if there has been
a net loss or gain in a five year period. Therefore an important component of the
mitigation and monitoring plan shall be adaptive management. The adaptive
management program shall address both foreseen and unforeseen circumstances
relating to the preservation and mitigation programs. The plan shall include follow
up surveys every five years in perpetuity or until a qualified biologist can
demonstrate that the target special-status species has not experienced a net loss. It
shall also include remedial measures to address negative impacts to the special-
status plant species and their habitats (i.e.: removal of weeds, addition of
seeding/planting efforts) if the species is suffering a net loss at the time of the follow
up surveys.
— Mitigation Measure B-2(r) Special-Status Species Habitat Replacement. The
primary goal of the mitigation and monitoring plan is to ensure a viable population
and no-net-loss of special-status species habitat within the project site. To ensure the
no-net-loss of a species, the applicant shall create two acres of occupied special-
status species habitat for every one acre of habitat impacted by project development.
If resource agencies require a higher replacement ratio than 2:1, their requirements
would prevail. The creation of habitat can occur in conjunction with the
mitigation/relocation of wildflower field habitat if the research study indicates that
the wildflower field and specific special-status plant species can be relocated and
cohabitate.
— Mitigation Measure B-2(g) Bunchgrass Survey. When an applicant requests
entitlements from the City under the Specific Plan, the City shall require the.
submittal of a survey to identify any native perennial bunchgrass occurrences (this
can be conducted simultaneously with special-status plant species surveys required
in Mitigation Measure 11-2(a) above). If occurrences of native perennial bunchgrass
habitat of 0.5 acre or greater containing at least 10% or greater coverage of native
perennial bunchgrass are found that area shall be placed in open space and a deed
restriction placed over the area to protect it in perpetuity. If the area cannot be
avoided for economical or technological reasons, then native grasses including
City of San Luis Obispo December
�120�09
P"
13 l taZ —S�
Findings of Fact and Statement.. ,verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
perennial bunchgrasses shall be incorporated into the landscaping plant palette and
the erosion control plan to replace the lost habitat. The most effective areas to
receive native grass seed are graded areas that will be revegetated adjacent to open
space. The acreage ratio of lost native perennial bunchgrass habitat to habitat
replaced shall be no less than 1:1. Native perennial bunchgrass material shall come
from locally collected seed stock to avoid contamination of the local gene pool.
Because perennial bunchgrasses grow slowly at first, a "nurse' crop consisting of
Nuttall's fescue (Vulpia microstachys), California brome (Bromus carinatus), and
pinpoint clover (Trifolium gracilentum) shall be added to the mix to stabilize any
graded areas while the bunchgrasses become established. No non-native invasive
plant species shall be used in-landscaping. California Invasive Plant Council (Cal-
IPC) maintains a list of the most important invasive plants to avoid. This list shall be
used when creating a plant palette for landscaping. Planting equipment (i.e.:
hydroseeding tank and dispensing mechanism) shall be cleaned of remaining seed
from previous applications prior to use on-site. The hydroseed applicator shall be
responsible for ensuring tanks have been properly cleaned of any seed that is not a
part of the specified mix.
b. Fes: The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the above mitigation would reduce impacts to a less than
significant level.
2 Impact B-3: Development under the proposed Specific Plan could affect locally-designated
protected trees. This is considered a Class II,significant but mitigable impact.
a. Mitigation: The proposed Specific Plan includes the following program, which is
intended to address potential impacts associated with this issue: Program 4.3.4a. In
addition to the above provisions indicated, the applicants under the Specific Plan will be
required to comply with the City's Tree Regulations (City of San Luis Obispo, 1997).
The following mitigation measure is also required to ensure compliance with the City's
Tree Regulations and to reduce potential impacts to trees to a less than significant level.
Mitigation Measure B-3(a) Construction Requirements. Development under the
Specific Plan shall abide by the requirements of the City Arborist for construction.
Requirements shall include but not be limited to: the protection of trees with
construction setbacks from trees; construction fencing around trees; grading limits
around the base of trees as required; and a replacement plan for trees removed
including replacement at a minimum 1:1 ratio.
b. Fes: The City finds that the mitigation measure is feasible and has been adopted.
Implementation of the Specific Plan's program as described above along with the above
mitigation measure would reduce impacts on trees to a less than significant level.
3. Impact B-4:Development under the proposed Specific Plan would affect riparian woodland
and wetland habitat. This is considered a Class II,significant but mitigable impact.
City of San Luis Obispo December 2009
14 ��a _S-U
Findings of Fact and Statement.1—_✓erriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
a. Mitia� tion The Specific Plan has incorporated goals, policies,and programs to alleviate
impacts to biological resources. The goals, policies; and programs are as follows: Goal
2.2a, Goal 2.2b, Policy 2.2.1, Policy 2.2.2, Program 2.2,2a-c, Policy 2:2:3, Program 2.2.3a,
Program 2.2.3b, Policy 2.2.4, Program 2.2.4a, Program 2.2.4b; Policy 2.2.5, Program
2.2.5a, Program 2.2.5b, Policy 2.2.6,Goal 2.2c,Policy 2.2.7, Policy 2.2.8,Goal 2.2.d, Policy
2.2.9,Program 2.2.9a,Program 2.2.9b,Policy 2.2.10,Program 2.2.10a.
The following mitigation measures are required in addition to the above Specific Plan
provisions to assure compliance with the City's Creek Setback Ordinance (Section
17.16.025 of the City's Zoning Regulations) and reduce impacts to riparian and wetland
habitat to a less than significant level. Mitigation measures from the Drainage and
Water Quality section below would further reduce potentially significant impacts to
wetlands. Also refer to Mitigation Measures under Impact B-5 that apply to setbacks
with respect to special-status species.
— Mitigation Measure B-4(a) Trail Setbacks. Trails shall be setback out of riparian
habitat and out of the buffer area. The trail shall be a minimum distance of 20 feet
from top of bank or from the edge of riparian canopy, whichever is farther. Trails
shall be setback from wetland habitat at a minimum distance of 30 feet and shall not
be within the buffer. Native plant species that will deter human disturbance shall be
planted in the area between the trail and the wetland/riparian habitat including
plants such as California rose (Rosa californica) and California blackberry (Rubus
ursinus). No passive recreational use shall be allowed in the riparian or wetland
habitats or drainage corridors.
— Mitigation Measure B-40) Development Setbacks. Development that abuts
riparian and wetland mitigation areas shall also be setback at least 20 feet, and be
buffered by an appropriately-sized fence and/or plants that deter human entry
listed in B-4(a).
— Mitigation Measure 134(e) Riparian/ Wetland Mitigation. If riparian and/or
wetland habitat are proposed for removal pursuant to development under the
Specific Plan, such development shall apply for all applicable permits and submit a
Mitigation Plan for areas of disturbance to wetlands and/or riparian habitat. The
plan shall be prepared by a biologist familiar with restoration and mitigation
techniques. Compensatory mitigation shall occur on-site using regionally collected
native plant material at a minimum ratio of 2:1 (habitat created to habitat impacted)
in areas shown on figure 4.4-2 as directed by a biologist. The resource agencies may
require a higher mitigation ratio. If the Orcutt Regional Basin is necessary as a
mitigation site for waters of the U.S. and State it shall be designed as directed by a
biologist taking into consideration hydrology, soils, and erosion control and using
the final mitigation guidelines and monitoring requirements (U.S. Army Corps of
Engineers, 2004). As noted above, the trail shall be setback out of the buffer area for
riparian and wetland habitat.
The plan shall include,but not be limited to the following components:
City of San Luis Obispo .December 2009
15 PHa-5-j
Findings of Fact and Statement, .veniding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
1) Description of the project/impact site (i.e.: location, responsible parties,
jurisdictional areas to be filled/impacted by habitat type);
2) goal(s) of the compensatory mitigation project (type(s) and area(s) of habitat to
be established, restored, enhanced, and/or preserved, specific functions and
values of habitat type(s) to be established, restored, enhanced, and/or
preserved);
3) description of the proposed compensatory mitigation-site (location and size,
ownership status, existing functions and values of the compensatory mitigation-
site);.
4) implementation plan for the compensatory mitigation-site (rationale for
expecting implementation success, responsible parties, schedule, site
preparation,planting plan);
5) maintenance activities during the monitoring period (activities, responsible
parties,schedule);
6) monitoring plan for the compensatory mitigation-site (performance standards,
target functions and values, target hydrological regime, target jurisdictional and
non-jurisdictional acreages to be established, restored, enhanced, and/or
preserved,annual monitoring reports);
7) completion of compensatory mitigation (notification of completion, agency
confirmation);and
8) contingency measures (initiating procedures, alternative locations for
contingency compensatory mitigation,funding mechanism).
In addition,erosion control and landscaping specifications included in the mitigation
plan shall allow only natural-fiber, biodegradable meshes and coir rolls, to prevent
impacts to the environment and to fish and terrestrial wildlife.
b. Fes: The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the Specific Plan's goals,policies and programs,along with
these required mitigation measures would reduce impacts to riparian woodland and
wetland habitat to a less than significant level and ensure that the project is in
compliance with the regulatory agencies and the Creek Setback Ordinance as contained
in the Zoning Regulations(2004).
4. Impact B-5: Development under the proposed Specific Plan could potentially impact
special-status wildlife species and their habitats within the Plan Area. This is considered a
Class II,significant but mitigable impact.
a. Mitigation: The Specific Plan establishes permanent open space for the creek area, and
when combined with the buffering setbacks required by the City, impacts would be
reduced substantially. Compliance with Federal and State regulations governing the
wetland and riparian habitat types on-site (described in Impact B-3) would also reduce
impacts to these important biological resources. Specific Plan policies would also
require any development proposal pursuant to the Specific Plan that would remove
riparian or wetland areas to mitigate for such impacts. However, .the following
additional mitigation measures are required to reduce impacts to all special-status
wildlife species to a less than significant level.
City of San Luis Obispo December 2009
I
Findings of Fact and Statement, verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
— Mitigation Measure B-5(a) Bird Pre-Construction Survey. To avoid impacts to
nesting special-status bird species and raptors including the ground-nesting
burrowing owl, all initial ground-disturbing activities and tree removal shall be
limited to the time period between September 15 and February 1. If initial site
disturbance, grading,and tree removal cannot be conducted during this time period,
a pre-construction survey for active nests within the limits of grading shall be
conducted by a qualified biologist at the site no more than 30 days prior to the start
of any construction activities (for ground-nesting burrowing owl survey see below).
If active nests are located, all construction work must be conducted outside a buffer
zone of 250 feet to 500 feet from the nests as determined in consultation with the
CDFG. No direct disturbance to nests shall occur until the adults and young are no
longer reliant on the nest site. A qualified biologist shall confirm that
breeding/nesting is completed and young have fledged the nest prior to the start of
construction.
— Mitigation Measure B-5(b) Burrowing Owl Survey. When an applicant requests
entitlements from the City under the Specific Plan a qualified biologist shall conduct
surveys for burrowing owls during both the wintering and nesting seasons (unless
the species is detected on the first survey) in potentially suitable habitats prior to
construction in accordance with the guidelines described in the CDFG Staff Report
on Burrowing Owl Mitigation (1995). Winter surveys shall be conducted on the
entire project site between December 1 and February 1, and the nesting season
survey shall be conducted between April 15 and July 15. If burrowing owls are
detected within the proposed disturbance area, CDFG shall be contacted
immediately to develop and implement a mitigation plan to protect owls and their
nest.sites.
— Mitigation Measure B-5(c) Monarch Pre-Construction Survey. If initial ground-
breaking is to occur between the months of October and March a pre-construction
survey for active monarch roost sites within the limits of grading shall be conducted
by a qualified biologist at the site two weeks prior to any construction activities. If
active roost sites are located no ground-disturbing activities shall occur within 50
feet of the perimeter of the habitat. Construction shall not resume within the setback
until a qualified biologist has determined that the monarch butterfly has vacated the
site.
— Mitigation Measure B-5(d) VPFS Sampling Surveys. Prior to development in areas
shown as potential VPFS habitat on Figure 4.4-2, current USFWS protocol level
sampling surveys shall be conducted in all such areas. A report consistent with
current Federal, State, and local reporting guidelines shall be prepared to document
the methods and results of surveys. If VPFS are found, the report shall include a
map that identifies the VPFS locations. Should the presence of additional special-
status wildlife species be determined including California linderiella, a map
identifying locations in which these species were found shall be prepared and
included in the report
City of San Luis Obispo December 2009
17 V-ti
I
Findings of Fact and Statement. _,vemding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
Mitigation Measure B-5(e) FESA Consultation and Mitigation Regarding VPFS. If
any VPFS individuals are located on-site pursuant to Mitigation Measure B-5(d),
substantial setbacks from their identified habitat shall be implemented to avoid take
of a Federally listed species. If complete avoidance is not economically or technically
feasible,then Section 10 of the Federal Endangered Species Act(FESA) shall be used
to authorize incidental take when no other Federal agency such as the Corps is
involved. This process includes development of a Habitat Conservation Plan for
protecting and enhancing the Federally listed species at a specific location in
perpetuity. Species take can also be authorized under Section 7 of the FESA if a
Federal agency is involved in the project (e.g., Corps Section 404 permitting for
impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead
agency requesting Section 7 consultation. This consultation process takes at a
minimum 135 days from the official request by the Federal.lead agency.
The compensatory mitigation ratio shall be determined by the appropriate resource
agencies. Suitable replacement habitat shall be constructed either within the site
boundaries or off-site. Figure 4.4-2 identifies areas that could be appropriate for on-
site VPFS mitigation. Figure 4.4-2 is not intended to preclude development but shall
be used as a starting point for incorporating VPFS mitigation sites into the
development plan. While the Orcutt Regional Basin included in the potential VPFS
mitigation sites may need regular maintenance and may be seasonally flooded,
depressions could be created on the upper edges of the terrace in such a manner that
they are protected from flooding. VPFS mitigation areas shall be approved by a
biologist familiar with VPFS habitat "creation' techniques. Enhancement of the on-
site seasonal freshwater wetland habitat that is undisturbed by project activities may
also be a part of the mitigation program. Alternatively, fairy shrimp cysts could be
collected during the dry season from the existing habitat and placed into storage.
Topsoil could also be removed and stored in conditions suitable to retain cysts.
Wetland habitat could be enhanced/created in the areas shown on Figure 4.4-2 by
grading depressions in the landscape and "top dressing" the depressions with the
preserved topsoil. Preserved cysts would be added to the recreated wetlands in
December or January,.after sufficient ponding has occurred.
It is important to note that VPFS habitat mitigation is still considered experimental.
VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to
ensure success. Habitat may be "created" only in an existing vernal pool landscape
that provides suitable soils and a number of other specific ecological factors (USFWS,
2004).
An alternative to on-site mitigation is the purchase of mitigation bank credits.
Credits can be purchased by the acre as suitable mitigation for VPFS. There is
currently no known mitigation bank with VPFS habitat occurring within San Luis
Obispo County,however,mitigation banks may be available in the future.
b. Fm�dm The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the above mitigation measures would reduce impacts to
special-status wildlife species and their habitats to a less than significant level.
City of San Luis Obispo December 2009
18
Findings of Fact and Statement._ ,verriding Considerations
Orcutt Area Speck Plan Attachment 6-Exhibit A
5. Impact B-6: Development under the proposed Specific Plan would reduce the populations
and available habitat of wildlife in general. The loss of wildlife habitat is considered a Class
II,significant but mitigable impact.
a. Mitigation: The following mitigation measures are required to fully reduce impacts to a
less than significant level.
— Mitigation Measure B-6(a) Minimized Roadway Widths. Roadway widths adjacent
to riparian and wetland habitats shall be reduced to the minimum width possible,
while maintaining Fire Department Requirements for emergency access,with slower
speed limits introduced. Posted speed limits should be 25 mph.
— Mitigation Measure B-6(b) Culvert Design. Although closed culverts are to be the
drainage conveyance method of last resort per the City Waterways Management
Plan, where they are required, culverts connecting the Plan Area drainage corridors
with upstream and downstream drainage corridors shall be evaluated during the
suitability analysis pursuant to Mitigation Measure B-5(a) to determine their
importance to wildlife who could use them to travel to and from the site. If culverts
are found to be of importance to wildlife, the culverts shall be evaluated for their
potential for improvement (i.e. retrofitting, maintenance, or specific improvements
depending on the types of species using them). The development pursuant to the
Specific Plan and the City shall develop a plan for the improvement of the culverts.
Preservation of the wildlife corridors that are present on the project site can be
achieved with sufficient setbacks from riparian and wetland habitats. Refer to B-4
for mitigation regarding riparian and wetland habitat setbacks.
— Mitigation Measure B-6(c) Educational Pet Brochure. Any development pursuant
to the Specific.Plan shall prepare a brochure that informs prospective homebuyers
and Home Owners Association (HOA) members about the impacts associated with
non-native animals, especially cats and dogs, to the project site; similarly, the
brochure must inform potential homebuyers and all HOA members of the potential
for coyotes to prey on domestic animals.
— Mitigation Measure B-6(d) Landscaping Plan Review. To ensure that project
landscaping does not introduce invasive non-native plant and tree species to the
region of the site, the final landscaping plan shall be reviewed and approved by a
qualified biologist. The California Invasive Plant Council (Cal-EPC) maintains
several lists of the most important invasive plants to avoid. The lists shall be used
when creating a plant palette for landscaping to ensure that plants on the lists are
not used. The following plants shall not allowed as part of potential landscaping
plans pursuant to development under the Specific Plan:
■ African sumac (Rhus lancea)
• Australian saltbush (Atriplex semibaccata)
• Black locust(Robinia pseudoacacia)
■ California pepper (Schinus molle)and Brazilian pepper (S. terebinthifolius)
City of San Luis Obispo December 2009
19 para -G3
Findings of Fact and Statement verriding Considerations \
Orcutt Area Specific Plan Attachment 6-Exhibit A
• Cape weed (Arctotheca calendula)
■ Cotoneaster (Cotoneaster pannosus), (C. lacteus)
■ Edible fig (Ficus carica)
■ Fountain grass (Pennisetum setaceum)
• French broom (Genista monspessulana)
■ Ice plant,sea fig (Carpobrotus edulis)
• Leafy spurge (Euphorbia esula)
• Myoponun(Myoporum spp.)
■ Olive (Olea europaea)
■ Pampas grass (Cortaderia selloana), and Andean pampas grass (C.jubata)
■ Russian olive (Elaeagnus angusticifolia)
• Scotch broom(Cytisus scoparius)and striated broom (C. striatus)
■ Spanish broom(Spartium junceum)
■ Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
• Blue gum(Eucalyptus globulus)
■ Athel tamarisk (Tamarix aphylla)
With the exception of poison oak, only those species listed in the Specific Plan's
Suggested Plant List (Appendix E) shall not be planted anywhere on-site because
they are invasive non-native plant species. Poison oak is a native plant species and
could be used to deter human entrance to an area such as a mitigation/enhancement
area.
b. Fes: The City finds that the mitigation measures are feasible and,have been
adopted. Implementation of the above mitigation measures would reduce impacts to
wildlife habitat in general to a less than significant level.
E. CULTURAL RESOURCES
1. Impact CR-1: There is the potential that project construction will disturb previously
unidentified buried archeological deposits and/or human remains. This is considered a
Class H,significant but mitigable impact.
a. Mitigation: The Specific Plan has incorporated the following goals, polices, and
programs to alleviate impacts to cultural resources: Goal 2.5, Policy 2.5.1, Policy 2.7.1a,
and Program 2.7.1a. In addition to these provisions incorporated in the Specific Plan,
the following mitigation measures would further reduce impacts related to cultural
resources to less than significant levels.
— Mitigation Measure CR-1(a) Areas Not Surveyed. All areas that were not surveyed
by Conejo, as indicated in Figure 4.5-1, that will be subject to project-related earth
disturbance shall be subject to archaeological survey prior to any such disturbances.
This shall include APNs 076-481-014, 076-481-012, 076-491-003, 075-491-004, and 076-
491- 001, any planned trails or other developments within the areas designated as
open space.
City of San Luis Obispo December 2009
20 Pira- b�
Findings of Fact and Statement,— ,verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
— Mitigation Measure CR-1(b) Righetti Hill. Even though itis located within an area
designated as open space, the top of Righetti Hill should be subject to archaeological
survey. The City is responsible for the survey as part of any project to create a trail
system that would provide access to the top of the hill by the general public.
— Mitigation Measure CR-1(c) Vegetation CIearance Monitoring. Due to poor ground
surface visibility, vegetation clearance/initial grading of the areas shown on Figure
4.5-2 should be monitored by an archaeologist. The archaeologist shall have the
power to temporarily halt or redirect project construction in the event that
potentially significant archaeological resources are exposed. Based on monitoring
observations the lead archaeologist shall have the authority to refine the monitoring
requirements as appropriate (i.e., change to spot checks, reduce the area to be
monitored) in consultation with the lead agency. If potentially significant prehistoric
or historic resources are exposed the lead archaeologist shall be responsible for
evaluating the nature and significance of the find. If no archaeological resources are
observed following the vegetation clearance/initial grading then no further
monitoring shall be required. A monitoring report shall be provided to the City of
San Luis Obispo and the CCIC.
— Mitigation Measure CR-10 Archaeological Resource Construction Monitoring. At
the commencement of project construction, an orientation meeting shall be
conducted by an archaeologist for construction workers associated with earth
disturbing procedures. The orientation meeting shall describe the possibility of
exposing unexpected archaeological resources and directions as to what steps are to
be taken if such a find is encountered.
An archaeologist shall monitor construction grading within 50 meters (164 feet) of
the two isolated finds. In the event that prehistoric or historic archaeological
resources are exposed during project construction, all earth disturbing work within
50 meters (164 feet) of the find must be temporarily suspended or redirected until an
archaeologist has evaluated the nature and significance of the find. After the find has
been appropriately mitigated (e.g., curation, preservation in place, etc.), work in the
area may resume. The City should consider retaining a Chumash representative to
monitor any field work associated with Native American cultural material.
If human remains are exposed, State Health and Safety Code Section 7050.5 requires
that no further disturbance shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public Resources Code
Section 5097.98.
b. Finding: The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the Specific Plans provisions and the required mitigation
measures would reduce disturbance of archeological deposits and human remains to
less than significant levels.
City of San Luis Obispo December 2009
21 pff '� -6s
Findings of Fact and Statement,----verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
2. Impact CR-2: Project development will result in earth disturbance at several locations
considered sensitive for archaeological resources. This is considered a Class II, significant
but mitigable impact.
a. Mitiag tion The following mitigation measures would reduce potential impacts related
to identified archaeological resources to a less than significant level.
— Mitigation Measure CR-2(a) Subsurface Archaeological Testing. If avoidance of an
archaeological site(s) is not possible, a Subsurface Archaeological Resource
Evaluation (SARE) shall be completed prior to issuance of a Land Use Permit A
SARE should be undertaken for Orcutt-1 with the following goals:
a) Determine if there are intact subsurface deposits associated with this site;
b) Determine the site's boundaries;
c) Assess the site's integrity, i.e.; is it intact or highly disturbed;and
d) Evaluate the site's importance or significance.
The City should consider retaining a Chumash representative to monitor any
subsurface testing/excavation at Orcutt-1. Results of the Phase 2 Evaluation will
determine the need or lack thereof for additional data recovery and/or construction
monitoring in the archaeological site area. When feasible, avoidance of impacts
through project redesign is the preferred method for mitigating impacts to
significant archaeological resources.
The archaeological excavation(s) shall be based on a written explicit research design
that includes a statement or research objectives and a program for carrying out these
objectives. All cultural materials collected shall be curated at a qualified institution
that has proper facilities and staffing for insuring research access to the collections.
— Mitigation Measure CR-2(b) Construction Monitoring. An archaeologist should
monitor construction grading in the vicinity of the two isolated finds..
b. Finding: The City finds that the mitigation measures are feasible and have been
adopted. Impacts would be reduced to less than significant with implementation of
proposed mitigation.
3. Impact CR-3:. Implementation of the proposed project could result in indirect impacts to
identified archaeological resources. This is considered a Class II, significant but mitigable
impact.
a. Mitigation: The following mitigation measure would reduce potential indirect impacts
related to identified archaeological resources to a less than significant level.
— Mitigation Measure CR-3(a) Prohibition of Archaeological Site Tampering. Off-
road vehicle use, unauthorized collecting of artifacts, and other activities that could
destroy or damage archaeological or cultural sites shall be prohibited. Signs shall be
City of San Luis Obispo December 2009
22 JoF(op —�C,
Findings of Fact and Statement veniding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
posted on the property to discourage these types of activities and warn of
trespassing violations and imposed fines.
b. Fes: The City finds that the mitigation measure is feasible and has been adopted.
Impacts would be reduced to less than significant with implementation of proposed
mitigation
4. Impact CR-4: Implementation of the proposed project could result in indirect impacts to
historical resources. This is considered a Class II,signi,ficant but mitigable impact
a. Mitigation: The following mitigation measure would reduce potential indirect impacts
related to historical.resources to a.less than significant level.
— Mitigation Measure CR-4(a) Historical Evaluation. Prior to development, a
qualified historian should be retained to conduct a historical evaluation of the.50+
year old structures within the Orcutt Area using the City's Historic Preservation
Program Guidelines. Any structure determined to be an important/significant
historic resource shall be mitigated as appropriate prior to its demolition or
relocation. The historic structure evaluation should include the history of the
Skinner/Righetti Ranch and the ranch complex should be recorded on appropriate
DPR forms. Finally, the historian shall determine if project development will have
any significant direct or indirect impacts on the Bettencourt/Rodriguez Adobe,a city
historic landmark located immediately adjacent to the Orcutt Area.
b. Fes: The City finds that the mitigation measure is feasible and has been adopted.
Impacts would be reduced to less than significant with implementation of proposed
mitigation.
F. DRAINAGE AND WATER QUALITY
1. Impact D-1: During construction of the proposed project, the soil surface would be
disrupted and potentially become subject to erosion, with potential off-site sedimentation
and pollutant discharges. Alterations in drainage patterns and grading during the
construction period could result in construction-related erosion problems. This is
considered a Class II,significant but mitigable impact.
a. Mitigation: The following mitigation measures address the above requirements for
construction and post-construction scenarios:
— Mitigation Measure D-1(a) Erosion Control Plan. Prior to issuance of the first
Grading Permit or approval of improvement plans, the applicant shall submit to the
Directors of Community Development and Public Works for review and approval a
detailed erosion control plan (ECP) to mitigate erosion and sedimentation impacts
during the construction period. The detailed ECP shall be accompanied by a written
narrative and be approved by the City Engineer. At a minimum, the ECP and
City of San Luis Obispo December 2009
23 PKa- 6
Finding r of Fact and Statement,- verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
written narrative should be prepared according to the guidelines outlined in the
DDM and should include the following.
■ A proposed schedule of grading activities, monitoring, and infrastructure
milestones in chronological format,
• Identification of critical areas of high erodibility potential and/or unstable
slopes;
■ Soil stabilization techniques such as short-term biodegradable erosion control
blankets and hydroseeding should be utilized. Silt fences should be installed
downslope of all graded slopes. Straw bales should be installed in the flow path
of graded areas receiving concentrated flows, as well as around storm drain
inlets;
■ Description of erosion control measures on slopes,lots,and streets;
■ Contour and spot elevations indicating runoff patterns before and after grading;
■ Filter systems at catch basins (drop inlets) in public streets as a means of
sediment control;and
■ The post-construction inspection of all drainage facilities for accumulated
sediment,and the clearing of these drainage structures of debris and sediment.
Mitigation Measure D-10) Ston►n Water Pollution Prevention Plan. The applicant
shall comply with NPDES General Construction Activities Storm Water Permit
Requirements established by the. CWA. Pursuant to the NPDES Storm Water
Program, an application for coverage under the statewide General Construction
Activities Storm Water Permit (General Permit) must be obtained for project
development. It is the responsibility of the project applicant to obtain coverage prior
to site construction.
The applicant can obtain coverage under the General Permit by filing a Notice of
Intent (NOI) with the State Water Resource Control Board's (SWRCB) Division of
Water Quality. The filing shall describe erosion control and storm water treatment
measures to be implemented during and following construction and provide a
schedule for monitoring performance. These BMPs will serve to control point and
non-point source (NPS)pollutants in storm water and constitute the project's SWPPP
for construction activities. While the SWPPP will include several of the same
components as the ECP, the SWPPP will also include BMPs for preventing the
discharge of other NPS pollutants besides sediment (such as paint, concrete, etc.) to
downstream waters.
• Notice of Intent. Prior to beginning construction, the applicant shall file a Notice
of Intent(NOI) for discharge from the proposed development site.
■ Storm Water Pollution Prevention Plan. The applicant shall require the building
contractor to prepare and submit a SWPPP to the City forty-five (45) days prior
to the start of work for approval. The contractor is responsible for understanding
the State General Permit and instituting the SWPPP during construction. A
SWPPP for site constriction shall be developed prior to the initiation of grading
and implemented for all construction activity on the project site in excess of one
acre. The SWPPP shall include specific BMPs to control the discharge of material
City of San Luis Obispo December 2009 /
24 ps�a—(p�
Findings of Fact and Statement vending Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
from the site. BMP methods may include,but would not be limited to, the use of
temporary detention basins,straw bales,sand bagging, mulching,erosion control
blankets, silt fencing, and soil stabilizers. Additional BMPs should be
implemented for any fuel storage or fuel handling that could occur on-site
during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the State Water Resources Control Board (SWRCB). The
SWPPP shall be also submitted to the City along with grading/development
plans for review and approval.
■ Notice of Completion of Construction. The applicant shall file a notice of
completion of construction of the development, identifying that pollution
sources were controlled during the construction of the project and implementing
a closure SWPPP for the site.
b. Finding: The City finds that the mitigation measures are feasible and have been
adopted. Implementation of an Erosion Control Plan and Stormwater Pollution
Prevention Plan would reduce impacts from construction erosion to less than significant
levels.
2. Impact D-2: Increased runoff on-site could deteriorate on-site streambank conditions,
leading to long-term erosion on-site. Impacts are considered Class II, significant but
mitigable.
a. Mitigation: The proposed Specific Plan includes the following goals, policies, and
programs, which are intended to address potential impacts associated with this issue:
Policy 2.2.4,Program 2.2.4a, and Program 2.2.4b. The following mitigation measures are
recommended.
— Mitigation Measure D-2(a) Vegetative and Biotechnical Approaches to Bank
Stabilization. Vegetative or biotechnical (also referred to as soil bioengineering)
approaches to bank stabilization are preferred over structural approaches. Bank
stabilization design must be consistent with the SLO Creek Stream Management and
Maintenance Program Section 6. Streambank stabilization usually involves one or a
combination of the following activities:
■ Regrading and revegetating the streambanks to eliminate overhanging banks
and create a more stable slope;
■ Deflecting erosional water flow away from vulnerable sites;
■ Reducing the steepness of the channel bed through installation of grade
stabilization structures;
■ Altering the geometry of the channel to influence flow velocities and sediment
deposition;
■ Diverting a portion of the higher flow into a secondary or by-pass channel;
■ Armoring or protecting the bank to control erosion, particularly at the toe of
slopes.
The bank stabilization design will:
City of San Luis Obispo December 2009
25 PH _6 9
Findings of Fact and Statement. verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
■ Be stable over the long term;
■ Be the least environmentally damaging and the"softest" approach possible;
■ Not create upstream or downstream flooding or induce other local stream
instabilities;
• Minimize impacts to aquatic and riparian habitat;
■ Specify that only natural-fiber, biodegradable meshes and coir rolls be used, to
prevent impacts to the environment and to fish and terrestrial wildlife.
— Mitigation Measure D 2(b) Constructed Natural Channel. Where the creeks within
the Orcutt Plan Area may need to be modified to create sufficient conveyance
capacity and mitigate geomorphic instability, (i.e. floodable terraces within the
proposed linear park), design guidelines from Section 5.3 of the SLO Creek Drainage
Design Manual shall be applied. The waterways are to be designed in accordance
with all provisions of the design criteria applicable to Constructed Natural Channels.
Typically, this would include construction of a compound channel utilizing an m-
channel bench or terrace whenever feasible, considerations of stable channel
planform geometry, use of setbacks and buffer strips at top of bank, planting using
native plants,and slope stabilization using biotechnical erosion control methods.
— Mitigation Measure D-2(c) Riparian Zone Planting. The OASP proposes riparian
enhancement of creek corridors. Section 11 guidelines of the SLO Creek Drainage
Design Manual shall be followed for riparian areas that are modified,created and/or
managed for flood damage reduction, stream enhancement, and bank repair. Linear
park terrace vegetation, streambank repair and channel maintenance projects may
require stream channel modifications that include shaping, widening, deepening,
straightening, and armoring. Many channel management projects also require
building access roads for maintenance vehicles and other equipment. These
construction activities can cause a variety of impacts to existing sensitive riparian
and aquatic habitat that, depending on the selected design alternative, range from
slight disturbances to complete removal of desirable woody vegetation and faunal
communities. In urban areas within the SLO creek watershed, riparian vegetation
often provides the only remaining natural habitat available for wildlife populations.
b. Fin4LnZ: The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the mitigation measures above will ensure appropriate
bank stabilization, channel modification, and riparian revegetation methods to mitigate
the contribution of on-site sediments to the detention basin system.
3. Impact D-3: Regional detention basin storage has the potential to have downstream erosion
impacts from longer durations of downstream flows. This impact is considered a Class II,
significant but mitigable impact.
a. Mitigation:tion: The Specific Plan incorporated the following design criteria for the proposed
basins within the Plan area:
■ Reduce 100-year post development peak runoff to 25-year pre-development rate.
■ Reduce 50-year post development peak runoff to 20 year pre-development rate.
City of San Luis Obispo December 2009
26
PNC? -�o
Findings of Fact and Statement ✓erriding Considerations _.
Orcutt Area Specific Plan Attachment 6-Exhibit A
• Limit 10-year post development peak runoff to 10-year pre-development rate.
■ Limit 2-year post development peak runoff to within 5 percent of the 2 year pre-
development rate.
In addition to the above criteria proposed, the following mitigation measure is
recommended to further reduce impacts caused by downstream flow and erosion:
— Mitigation Measure D-3(a) Payment of Fair Share Fees for Area Drainage
Improvements. The City/Zone 9 Waterway Management Plan (WMP, Questa, 2002)
provides for imposition of a Drainage Impact Fee on new development projects that
would result in adverse hydrological impacts. The Drainage Impact Fee can only be
used to pay for drainage improvements made necessary by the hydrologic impacts
of a project. The applicant shall pay their "fair share' of any mitigation fee
established by the City of San Luis Obispo for drainage improvements made
necessary by cumulative project development. These fair share fees may be used to
fund components of the City's Storm Drain Master Plan (Boyle Engineering, 2000),
or other improvements as identified by the City. Components of the City's Storm
Drain Master Plan preferred alternative downstream of the Orcutt Plan Area
include:
• A new concrete box culvert at Broad Street on Orcutt Creek,
■ A new concrete slab bridge at Santa Fe Road on the East Branch of SLO Creek,
and
■ A modified channel for improved conveyance capacity from Santa Fe to Buckley
Road on the East Branch of SLO Creek.
b. Finding: The City finds that the.mitigation measure is feasible and has been adopted. In
association with the Specific Plan's design criteria, implementation of the proposed
mitigation measure would reduce impacts to less than significant levels.
4. Impact D4- Development of the proposed project could result in an increase in peak
discharges at downstream locations. This impact is considered a Class II, significant but
mitigable impact.
a. Mitigation: The following mitigation measures are recommended to ensure proper
design and safety of detention facilities:
— Mitigation Measure D-4(a) Compliance with City's Drainage Design Manual. All
drainage improvements must be constructed in accordance with Section 9 of the
City's Drainage Design Manual. Either subregional facilities shall be constructed
with the first phase of development or interim (on-site) drainage control shall be
constructed. Interim facilities can be abandoned once regional facilities are available.
The applicant shall submit a detention system plan to the Director of Public Works
for review and approval.
The detention basins shall be designed to comply with applicable City drainage
design standards and at a minimum have the following features:
City of San Luis Obispo December 2009
27 pH a—-7 /
Findings of Fact and Statement .vending Considerations _
Orcutt Area Specific Plan Attachment 6-Exhibit A
■ Each basin should include an outlet structure to allow the basin to drain
completely within 48 hours. The amount of outflow can be regulated with a fixed
outfall structure. Such a structure must include an outfall pipe of a size and
length that will give positive control on the outfall head. The principal outlet
regulates the design discharge from the watershed above at a water level in the
basin that does not exceed a certain maximum elevation.
• Regional, or larger on-site facilities can pose significant hazards to public safety
in the event of failure. In addition to the outlet control structure, an emergency
overflow spillway (secondary overflow) must be provided. This spillway must.
satisfy the following requirements:
— The spillway must be designed to pass the 100-year design storm event if the
outlet works fail or if a runoff event exceeds the design event. The spillway
design will be based on peak runoff rates for developed site conditions,
assuming that the basins fill to the crest of the spillway prior to the beginning
of the design event.
— The spillway must be located so overflow is conveyed safely to the
downstream channel.
• Each basin shall be designed with an emergency spillway that can pass the 100-
year storm event with 2-foot freeboard between the design water surface
elevation and the top of the embankment. At a minimum the basin must contain
the 10-year flow without release to emergency spillway. If flows over the
emergency spillway do occur, provisions must be made or be in place that will
convey such flows safely.
• The design volume of the basin must be sized to include the capacity for a five
(5) year accumulation of sediment. Generally, the basin should be cleared out
when itis half-full,as determined on a marked staff in the bottom of the basin,or
a mark on a riser pipe. The amount of potential sedimentation in the basin shall
be determined by a soils engineer or hydrologist, using the procedures such as
those outlined in the Association of Bay Area Government's (ABAG) Manual of
Standards for Erosion and Sediment Control (May 1995) or as approved by the
City Engineer or County public Works Director.
• The basin and its outfall must be sized so that approximately 85% of the total
stormwater storage, excluding sediment storage in the basin, can be recovered
within twenty-four hours of the peak inflow. A basin overflow system must
provide controlled discharge (emergency spillway) for the 100-year design event
without overtopping the basin embankment and maintain adequate freeboard.
The design must provide controlled discharge directly into the downstream
conveyance system or safe drainage way. The principal outlet must be able to
drain the detention facility within 48 hours of the end of the 100-year storm by
gravity flow through the principal outlet.
■ Any detention basin design must be accompanied by a soils report. This report
should address allowable safe basin slopes with respect to liquefaction, rapid
draw down, wave action and so forth. Additionally, the report should also
address sedimentation transport from areas above the basin and allowable
City of San Luis Obispo December 2009
28
Findings of Fact and Statement ,Veniding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
bearing pressures where structures are to be placed. The soils report must
address the level of the water table and the effects of the basin excavation on the
water table.
— Mitigation Measure D-4(b) Final Drainage Detention System Verification. Final
detention basin system designs for project-specific EIRs within the Orcutt Plan Area
shall be submitted to the Public Works Department. Per the Wastewater
Management Plan, the project shall not cause more than a 5% increase of peak run
off rates for the 2-, 50-, and 100-year 24 hour storm event. Final basin designs shall
provide stage-storage-outflow curves and outfall structure details for all detention
basins. The San Luis Obispo SLO/Zone 9 HEC-HMS hydrology model may be used
to model final detention basin system cumulative downstream impacts should
specific projects propose substantial changes to conceptual design, at the discretion
of the City Engineer.
b. Finding: The City finds that the mitigation measures are feasible and have been
adopted. In association with the Specific Plans design criteria, implementation of the
proposed mitigation measure would reduce impacts to less than significant levels.While
the proposed detention system is not predicted to have significant downstream impacts
on peak discharge rates, the current design of detention structures is still conceptual for
the OASP. The implementation of Mitigation Measure D-4(a) would ensure that project
impacts associated with proposed OASP development would be less than significant.
5. Impact D-5: During long-term operation of the proposed project,runoff from the site could
affect the water quality in creeks within the Specific Plan Area. Project development could
result in an increase in non-point source (NPS) pollutants to receiving waters. Impacts are
considered Class II,significant but mitigable.
a. Mitigation: The following mitigation measures are recommended:
— Mitigation Measure D-5(a) Biofilters. The applicant shall submit to the Director of
Community Development for review and approval a plan that incorporates grassed
swales (biofilters) into the project drainage system where feasible for runoff
conveyance and filtering of pollutants. A preferred alternative to concrete drainage
swales to transport the runoff to roadside ditches, these swales shall be lined with
grass or appropriate vegetation to encourage the biofiltration of sediment,
phosphorus, trace metals, and petroleum from runoff prior to discharge into the
formal drainage network. General design guidelines relevant to optimizing the
pollutant removal mechanisms of grassed swales are: 1) a dense, uniform growth of
fine-stemmed herbaceous plants for optimal filtering of pollutants;2) vegetation that
is tolerant to the water, climatological, and soil conditions of the project site is
preferred; 3) grassed swales that maximize water contact with the vegetation and
soil surface have the potential to substantially improve removal rates,particularly of
soluble pollutants; and 4) pollutant removal efficiency is increased as the flow path
length is increased. General maintenance guidelines for biofilters are discussed in
Mitigation Measure D-5(b).
City of San Luis Obispo December 2009
29 PN a-73
Findings of Fact and Statement vending Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
A Best Management Practice (BMP) filter device shall be installed to intercept water
flowing off of proposed parking lot and roadway surfaces. Water quality BMPs shall
be those identified in the California Stormwater Quality associations BMP
handbook. Whenever feasible, the preferred approach to treating surface runoff will
be the use of drainage swales rather than mechanical devices.The chosen method for
treating runoff shall be a proven and documented pollution prevention technology
device that removes oil and sediment from stormwater runoff, and retains the
contaminants for safe and easy removal. The chosen device shall possess design
features to prevent re-suspension of previously collected contaminants and
materials, and contain a built-in diversion structure to divert intense runoff events
and prevent scouring of the previously collected sediments. The filter devices shall
be designed and sized to treat the run-off from the first 25 mm (1 inch) of rainfall-
The storm water quality system must be reviewed and approved by the City
Director of Public Works.
Mitigation Measure D-5(b) SWPPP Maintenance Guidelines. Prior to issuance of
the first grading permit or approval of improvement plans, the applicant shall
submit to the Director of Community Development and Director of Public Works for
review and approval a long-term storm water pollution prevention plan (SWPPP) to
protect storm water quality after the construction period. The SWPPP shall include
the following additional BMPs to protect storm water quality:
• Proper maintenance of parking lots and other paved areas can eliminate the
majority of litter and debris washing into storm drains and thus entering local
waterways. Regular sweeping is a simple and effective BMP aimed at reducing
the amount of litter in storm drain inlets '(to prevent clogging) and public
waterways (for water quality). The project applicant shall enter into an
agreement with the City of San Luis Obispo to ensure this maintenance is
completed prior to approval of improvement plans or final maps.
■ Proper maintenance of biofilters is essential to maintain functionality. The
maintenance of biofilters on the project site will be the responsibility of a
homeowner's association for the proposed project. Biofilter maintenance would
include: 1) Regular mowing to promote growth and increase density and
pollutant uptake (vegetative height should be no more than 8 inches, cuttings
must be promptly removed and properly disposed of); 2) Removal of sediments
during summer months when they build up to 6 inches at any spot, cover
biofilter vegetation, or otherwise interfere with biofilter operation; and 3)
Reseeding of biofilters as necessary, whenever maintenance or natural processes
create bare spots.
■ Proper maintenance of detention basins is necessary to ensure their effectiveness
at preventing downstream drainage problems and promoting water quality.
Necessary detention basin maintenance includes: 1) regular inspection during
the wet season for sediment buildup and clogging of inlets and outlets;2) regular
(approximately every 2-3 years) removal of basin sediment; and 3) if an open
detention basin is used,mowing and maintenance of basin vegetation(replant or
reseed) as necessary to control erosion. A maintenance plan must be developed
and provided along with the design documents. Long-term detention basin
City of San Luis Obispo December 2009
30 Of a—
7 If
Findings of Fact and Statement_. verriding Considerations _
Orcutt Area Specific Plan Attachment 6-Exhibit A
maintenance plans must clearly delineate and assign maintenance and
monitoring responsibilities for local and regional detention basins. Maintenance
reports shall be submitted annually to City's Public Works Department.
■ For basins greater than 5,000 m3 (4 ac-ft) storage (i.e. the Upper Fork regional
detention basin), vehicular access for maintenance of the basin and outlet works,
removal of sediment, and removal of floating objects during all weather
conditions must be provided. An access road must be provided to the basin floor
of all detention facilities. This road must have a minimum width of 3.7 m (12 ft)
and a maximum grade of 20%. Turnarounds at the control structure and the
bottom of the basin must have a 12-m(40-ft) minimum outside turning radius.
• The applicant shall prepare informational literature and guidance on residential
BMPs to minimize pollutant contributions from the proposed development This
information shall be distributed to all residences at the project site. At a
minimum the information should cover: 1) general information on biofilters and
detention basins for residents concerning their purpose and importance of
keeping them free of yard cuttings and leaf litter;2) proper disposal of household
and commercial chemicals; 3) proper use of landscaping chemicals; 4) clean-up
and appropriate disposal of yard cuttings and leaf litter; and 5) prohibition of
any washing and dumping of materials and chemicals into storm drains.
■ The stormwater BMP devices shall be inspected, cleaned and maintained in
accordance with the manufacturers maintenance specifications. The devices
shall be cleaned prior to the onset of the rainy season (i.e. November 1st) and
immediately after the end of the rainy season (i.e. May 1st). All devices will be
checked after major storm events. The results of the inspection and maintenance
report shall be submitted to the City of San Luis Obispo Public Works
Department
— Mitigation Measure D-5(c) Pervious Paving Material. Consistent with Land Use.
Element Policy 6.4.7, the applicant shall be encouraged to use pervious paving
material to facilitate rainwater percolation. Parking lots and paved outdoor storage
areas shall, where feasible, use pervious paving to reduce surface water runoff and
aid in groundwater recharge.
— Mitigation Measure D-5(d) Low Impact Development Practices. In addition to the
low impact development (LID) practices described in the above measures, the
Specific Plan shall incorporate the following as requirements of future development
within the area,to the extent appropriate for type and location of development:
■ Reduced and disconnected impervious surfaces
■ Preservation of native vegetation where feasible
• Use of tree boxes to capture and infiltrate street runoff
■ Roof leader flows shall be directed to planter boxes and other vegetated areas
• Soil amendments shall be utilized in landscaped areas to improve infiltration
rates of clay soils.
■ Incorporate rain gardens into landscape design
City of San Luis Obispo December 2009
31 pya --75
Findings of Fact and Statement verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
These LID practices shall be utilized wherever feasible and appropriate to ensure
that the pre-development stormwater runoff volume and pre-development peak
runoff discharge rate are maintained, and that the flow frequency and duration of
post-development conditions are identical (to the extent feasible) to those of pre-
development conditions. LID practices are subject to the review and approval of the
Regional Water Quality Control Board, as part of the City's National Pollution
Discharge Elimination System Permit compliance.
b. Finding: The City finds that the mitigation measures are feasible and have been
adopted. Implementation of the identified mitigation measures would reduce project
impacts associated with NPS pollutants to a less than significant level.
6. Impact D-6: During long-term operation of the proposed project,runoff from the site could
affect the water quality of creeks downstream of the Orcutt Plan Area. Project development
could result in an increase in non-point source (NPS) pollutants to receiving waters. Impacts
are considered Class II,significant but mitigable.
a. Mitigation: The following mitigation measure is recommended:
— Mitigation Measure D-6(a) Wetland Habitat Function. A wetland habitat
enhancement project is proposed as a feature of the linear park/regional detention
basin The wetland habitat would function as a permanent pond within the
detention basin. Therefore:
■ The volume of the permanent pond shall not be counted towards the total
storage volume of the regional detention basin;
• Basin outlets shall be located above the desired permanent water surface, to
prevent the basin from draining completely;
• Mitigation Measure D-5(b) requires regular maintenance and monitoring of
detention basin sediment accumulation.
b. Finding_ The City finds that the mitigation measure is feasible and has been adopted.
The mitigation measure above would ensure that proposed detention basins would have
less-than-significant impacts on water quality downstream in the long-term.
G. GEOLOGIC HAZARDS
1. Impact G-2 Seismic activity could produce sufficient ground shaking to result in
liquefaction at the project site. This is considered a Class II, significant but mitigable
impact.
a. Mitigation The proposed Specific Plan includes the following program which is
intended to reduce potential impacts associated with liquefaction for the Plan area:
Program 3.4.1a. To clarify this policy, the following mitigation measure is required,
which is intended to more fully address methodologies that could be implemented to
reduce liquefaction impacts.
City of San Luis Obispo December 2009
32 RR"2_ 2G
Findings of Fact and Statement,-_,verriding Considerations _
Orcutt Area Specific Plan Attachment 6-Exhibit A
Mitigation Measure G-2(a) Geotechnical Study Parameters. As stated in Program
3.4.1.a. of the proposed Specific Plan, a geotechnical study shall be prepared by a
State-registered engineering geologist for the project site prior to site development.
This report shall include an analysis of the liquefaction potential of the underlying
materials according to the most current liquefaction analysis procedures. This study
shall also:
■ evaluate the potential for soil settlement beneath the project site;
• evaluate the potential for expansive soils beneath the project site;and
• assess the stability of all slopes in the areas where construction is to occur. This
evaluation shall determine the potential for adverse soil stability and discuss
appropriate mitigation techniques. Appropriate set backs from unstable slopes
and areas below potential rockfall zones shall be implemented. No development
of residential structures is to occur in areas where rockfall hazards could damage
buildings.
The following suitable measures to reduce liquefaction impacts could include but
need not be limited to:
■ specialized design of foundations by a structural engineer;
■ removal or treatment of liquefiable soils to reduce the potential for liquefaction;
■ drainage to lower the groundwater table to below the level of liquefiable soil;
• in-situ densification of soils or other alterations to the ground
• characteristics;or
■ other alterations to the ground characteristics.
b. Finding: The City finds that the mitigation measure is feasible, and has been adopted..
Implementation of the Specific Plan's policies and related mitigation measure in project
design would address impacts related to seismically induced liquefaction to the extent
of industry standards; therefore impacts would be less than significant.
2. Impact G-3: The Specific Plan area is located in an area defined as having a high potential
for settlement. This is considered a Class Il,significant but mitigable impact.
a. Mitigation: The following measures would reduce settlement hazard impacts to less
than significant levels:
— Mitigation Measure G-3(a) Soil Settlement Engineering. If the project site is
identified to be in a high potential for settlement zone (through the Geotechnical
Study required in Mitigation Measure G-2(a)) the building foundations,
transportation infrastructure and subgrades shall be designed by a structural
engineer to withstand the existing conditions, or the site shall be graded in such a
manner as to address the condition.
Suitable measures to reduce settlement impacts could include but need not be
limited to:
City of San Luis Obispo December 2009
Findings of Fact and Statement :veniding Considerations
Orcutt Area Specific Plan_ Attachment 6-Exhibit A
■ excavation and recompaction of on-site or imported soils;
■ treatment of existing soils by mixing a chemical grout into the soils prior to
recompaction;or
■ foundation design that can accommodate certain amounts of differential
settlement such as posttensional slab and/or ribbed foundations designed in
accordance with Chapter 18, Division III of the Uniform Building Code(UBC).
b. Finding. The City finds that the mitigation measure is feasible and has been adopted.
Implementation of the above measure would ensure that impacts related to soil
settlement would be reduced to a less than significant level.
3. Impact G-4: The Specific Plan area is located in an area defined as having moderate to high
potential for the expansion or contraction of soils. This is considered a Class II,significant
but mitigable impact.
a. Mitigation: The following measure would reduce soil expansion/contraction hazard
impacts to a less than significant level:
Mitigation Measure G4(a) Expansive Soils Grading. If the project site is identified
as having expansive soils (through the Geotechnical Study required in Mitigation
Measure G2(a)), the foundations and transportation infrastructure shall be designed
by a structural engineer to withstand the existing conditions, or the site shall be
graded in such a manner as to address the condition.
Suitable measures to reduce impacts from expansive soils could include but need not
be limited to:
■ excavation of existing soils and importation of non-expansive soils;and
■ foundation design to accommodate certain amounts of differential expansion
such as posttensional slab and/or ribbed foundations designed in accordance
with Chapter 18, Division III of the UBC.
b. Fes: The City finds that the mitigation measure is feasible and has been adopted.
Implementation of the above measure would ensure that impacts related to soil
expansion would be reduced to a less than significant level.
4. Impact G-5: Soil stability conditions contributing to landslides, debris flows, or rock falls
exist within the Plan Area. This is considered a Class II, significant but mitigable impact.
Development near areas of rockfall are considered a Class II, significant but mitigable
impact.
a. Mitigation: Implementation of the following measure is required.
— Mitigation Measure G-5(a) Slope Engineering. If the Specific Plan area is identified
as having unstable slopes within the development envelope (through the
Geotechnical Study required in Mitigation Measure G2(a)), either the development
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Findings of Fact and Statement, verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
envelope shall be modified so as to avoid these unstable slopes, or the slopes will
have to be engineered so as to no longer be unstable. The design of slopes to
withstand any unstable conditions shall be performed by a Geotechnical Engineer or
Engineering Geologist, and the mitigation must be approved by the City of San Luis
Obispo building department before the issuance of grading permits.
b. FindjM. The City finds that the mitigation measure is feasible and has been adopted.
Areas having unstable slopes shall be engineered so as to remove or recontour the slopes
and stabilize the slopes prior to grading. This mitigation is designed to reduce potential
effects to a less than significant level.
5. Cumulative Impacts: Cumulative impacts related to fault rupture, seismically related
ground shaking,liquefaction,expansive soils,and soil compaction would be similar to what
is described for project-specific,impacts, and would be dealt with on a project by project
basis.
a. Mitiag tion The Specific Plan contains goals and policies (listed above) which would
reduce cumulative impacts related to geologic hazards. In addition, implementation of
Mitigation Measures G-2(a),G-3(a),G-4(a),and G-5(a)would ensure that project-specific
impacts remain less than significant. No other mitigation measures are necessary to
address cumulative impacts.
b. Finding_ The City finds that the mitigation measures proposed above are feasible and
have been adopted to reduce the proposed project's contribution to cumulative geologic
impacts. With incorporation of the above measures, cumulative impacts relating to
geologic hazards would be less than significant:.
H. NOISE
1. Impact N-1: Construction under the Specific Plan would temporarily generate high noise
levels on-site. Because noise could exceed thresholds in the City General Plan Noise
Element,impacts are considered Class II,significant but mitigable.
a. Mitigation: Implementation of the following policy and programs included in the
Specific Plan would reduce impacts to noise generated from temporary construction:
Goal 4.5,Program 4.5.11,Policy 4.5.2,and Program 4.5.2d.
In addition to the policies and programs identified above, the following mitigation
measures are required to reduce construction noise impacts on nearby residences:
— Mitigation Measure N-1(a) Compliance with City Noise Ordinance. Construction
hours and noise levels shall be compliant with the City Noise Ordinance [Municipal
Code Chapter 9.12, Section 9.12.050(6)]. Methods to reduce construction noise can
include,but are not limited to,the following:
City of San Luis Obispo December/21009 Q
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Findings of Fact and Statement verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
■ Equipment Shielding. Stationary construction equipment that generates noise
can be shielded with a barrier.
■ Diesel Equipment. All diesel equipment can be operated with closed engine
doors and equipped with factory-recommended mufflers.
• Electrical Power. Whenever feasible, electrical power can be used to run air
compressors and similar power tools.
• Sound Blankets. The use of sound blankets on noise generating equipment.
b. Finding_ The City finds that the mitigation measure is feasible and has been adopted.
With implementation of the provisions within the Specific Plan and the required
mitigation above, noise impacts due to construction would be reduced to less than
significant levels.
2. Impact N4: The proposed Specific Plan would place additional sensitive receptors in the
vicinity of the Union Pacific Railroad tracks, exposing them to noise levels that could
potentially exceed City noise standards. This is considered a Class II, significant but
mitigable,impact.
a. Mitigation The Orcutt Area Specific Plan includes goals,policies,and programs that are
intended to reduce noise impacts caused by the nearby railroad, as follows: Goal 4.5,
Policy 4.5.1, and Programs 4.5.1a through Program 4.5.1e. In addition to the provisions
proposed in the Specific Plan, the following mitigation measures are required to reduce
UPRR noise impacts on nearby residences:
— Mitigation Measure N-4(a) Specific Plan Revision. The Specific Plan shall be
revised to meet the noise standards of the City General Plan Noise Element. Policy
4.5.1a shall be revised to require that outdoor noise levels for residences not exceed
60 dB (Ldn) and indoor noise levels for residences and schools not exceed 45 dB
(Ldn). Program 4.5.2a shall also be revised to ensure that these standards are met.
Indoor noise levels can be reduced using the design and materials techniques
described in Specific Plan Programs 4.5.1a,4..5.1b,4..5.1c,4.5.1d,4.5.1e,4.5.1f,4.5.2a,
4.5.2b,and 4.5.2c. Outdoor noise levels can be reduced in the following ways:
1) Locate all proposed residential and school development outside of the 60 Ldn
contour line (352 feet from the centerline of the railroad);or
2) For any residential or school development located within 352 feet of the railroad
centerline,a combination of barrier methods specified in the Noise Element must
be implemented. Residential or school project applicants in this area shall
demonstrate to the satisfaction of the Community Development Department that
proposed development will not be exposed to outdoor noise levels that exceed
Noise Element standards. Because of the varying topography of the site relative
to the railroad tracks, and the fact the development design has not been
determined, the specific attenuation methods cannot be definitively determined.
Options could include one or more of the following approaches:
City of San Luis Obispo December 2009
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I
Findings of Fact and Statement ;verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
■ Berm or wall along the railroad right-of-way, which would likely vary in
height from about 8 to 20 feet,based on preliminary noise models included in
this EIR;
• Design of individual homes such that structures block the line-of-sight from
useable backyards to the railroad tracks;
■ For homes with backyards not blocked by intervening structures, backyard
fencing of sufficient height to block line-of sight to railroad tracks.
The design of noise barriers and backyard layouts and walls shall be examined by an
approved noise consultant, to determine if they provide sufficient mitigation to
comply with Noise Element standards related to outdoor noise exposure.
b. Finding: The City finds that the mitigation measure is feasible and has been adopted.
With implementation of the programs contained in the Specific Plan and the above
mitigation measures,impacts would be less than significant.
I. PUBLIC SAFETY
1. Impact S-1: Development under the Specific Plan has the potential to expose residents to
potentially harmful electric or magnetic fields. This is a Class H,significant but mitigable
impact.
a. Mitt a� tion: The City Safety Element includes policies intended to reduce the exposure
of people to EMFs. Since the proposed.Specific Plan includes residential uses adjacent to
the exiting transmission line easement the following mitigation.is also required.
— Mitigation Measure S-1(a) EMF Exposure. State or Federal electric or magnetic
exposure levels, if established, are to be followed. In the absence of these exposure
standards, no residential structures or residential yards, schools, active parks, or
recreational facilities are to be built within the utility corridor right-of-way or
easement.
b. Finding: The City finds that the mitigation measure is feasible and has been adopted.
Proposed mitigation would reduce potential impacts related to the exposure to electric
and magnetic fields generated by the transmission lines to a less than significant level.
2. Impact S-2 Development under the Orcutt Area Specific Plan would increase activity levels
in the vicinity of the San Luis Obispo Airport Planning Area. The draft Specific Plan is
inconsistent with certain safety-related provisions of the Airport Land Use Plan. Revisions
to the Specific Plan and density adjustments from the Airport Land Use Commission are
required to make the Specific Plan consistent. If the Airport Land Use Commission
determines that the Orcutt Area Specific Plan is consistent with the Airport Land Use Plan,
this would be considered a Class II,significant but mitigable impact.
a. Mitigation: Adherence to State requirements for new school sites and Zoning
Regulation would reduce the ALUP inconsistencies and associated safety. The
City of San Luis Obispo December 2009
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i
Findings of Fact and Statement verrfding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
following goals, policies, programs and performance standards are derived from the
Orcutt Area Specific.Plan and would reduce impacts created by or produced by the San
Luis Obispo County Airport. They are as follows: Goal 3.5, Policy 3.5.1, Policy 3.5.2,
Policy 3.5.3, and Performance Standards 3.5.2a-h. In addition to the policies and
programs described above, the following mitigation measures are required related to
airport safety impacts.
— Mitigation Measure S-2(a) Residential Density. Prior to Specific Plan approval by
the City Council, the proposed project must be referred to the ALUC for a
consistency determination with the ALUP. The ALUC must determine that the
proposed residential density is consistent with the ALUP; or, the applicant shall
submit a revised Specific Plan that shows a reduction in proposed residential
density,consistent with ALUP requirements.
— Mitigation Measure S-2(b) Disclosure. Prior to recordation of final map, the
applicant shall develop Covenants,Codes, and Restrictions (CC&R's) that disclose to
potential buyers or leasers that aircraft over-flights occur, and that such flights may
result in safety hazard impacts should an aircraft accident occur.In addition,prior to
recordation of final map, avigation easements shall be recorded over the entire
project site for the benefit of the SLO County Regional Airport.
— Mitigation Measure S-2(c) Special Function Land Uses. Prior to Specific Plan
approval by the City Council, the project must be referred to the ALUC for a
consistency determination with the ALUP. The ALUC must determine that the
proposed Special Function Land Use is consistent with the ALUP; or, the applicant
shall submit revised plans showing that the proposed school has been eliminated
from the proposal.
b. Finding: The City finds that the mitigation measures above are feasible, and have been
adopted. Implementation of the above measures along with adherence to State
requirements for new school sites and Zoning Regulation would mitigate airport safety
impacts to a less than significant level.
3. Impact S-3: The Union Pacific Railroad corridor adjacent to potential development under
the Specific Plan could create a public safety hazard because of the possibility of accidents.
This is a Class 11, significant but mitigable impact.
a. Mitigation: Transport of hazardous materials on the railway will be required to comply
with all federal, state, and local laws pertaining to the handling of hazardous materials.
In addition, any school developed pursuant to the Specific Plan would require
compliance with Department of Education safety study requirements. This analysis,
however, would be conducted through separate review outside the CEQA process. To
reduce the potential safety hazard of trespassers on the railroad tracks the following
mitigation measures are recommended:
Mitigation Measure S-3(a) Pedestrian/Bicycle Passage. A safe and accessible
pedestrian/bicycle crossing shall be provided across the UPRR between Orcutt Road
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Findings of Fact and Statement verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
and Tank Farm Road. This crossing shall be connected with the proposed bicycle
and pedestrian path, and integrated into the bicycle path and sidewalk system. This
crossing shall be designed to allow pedestrians and bicyclists to safely travel across
the tracks from the Plan Area to the neighborhood on the west side of the tracks.
The crossing shall be approved by the City Engineer.
— Mitigation Measure S-3(b) Signage. Signage that directs people to the
pedestrian/bicycle railroad crossing shall be placed in obvious and appropriate
locations along the western edge of the Plan Area and along the bike path that runs
parallel to the railroad tracks on the west side of the Plan Area.
— Mitigation Measure S-3(c) Fencing. The Specific Plan shall be revised to include
fencing along the western boundary of the Specific Plan area, adjacent to the railroad
tracks. Coordination with the UPRR and the City is required to determine the
appropriate height and type of fencing. This fencing can be integrated with barriers
that are required to meet noise attenuation standards (See impact N11 above).
b. Fes: The City finds that the above mitigation measures are feasible and have been
adopted. Implementation of the above measures would reduce impacts to a less than
significant level.
4. Impact S-4: Suspect recognized environmental conditions that may pose a risk to human
health and safety have been observed on portions of the Orcutt Area. This is considered a
Class Li,significant but mitigable impact.
a. Mitigation: The Orcutt Area Specific Plan has identified the following goals, polices,
programs, and performance standards, which are intended to reduce public safety
impacts to less than significant levels: Goal 3.4, Policy 3.4.2, Program 3.4.2a, Program
3.4.2b, and Performance Standard 3.5.2d. In addition to the above stated policy and
programs within the Specific Plan, the following proposed mitigation would further
ensure less than significant impacts related to public safety.
— Mitigation Measure S-4(a) Areas not surveyed. Prior to development in areas not
surveyed for the Limited Phase 1 Environmental Site Assessment (Rincon
Consultants, Inc.,2004) a Phase 1 Environmental Site Assessment shall be conducted
to identify the presence of recognized environmental conditions associated with soil
and groundwater contamination at the site. If recognized conditions are
encountered then a Phase II Environmental Site Assessment shall be performed to
determine if soil or groundwater have been affected.
— Mitigation Measure S-4(b) Righetti Hill Abandoned Mine. Prior to allowing public
access in the vicinity of the abandoned mine, soils samples shall be taken around the
entrance and down gradient and analyzed for heavy metals by CCR Title 22 metals.
— Mitigation Measure S-4(c) Farmhouses. Prior to issuance of any entitlement for
development that will require the demolition of farmhouses identified in Figure 4.9-
1, a qualified Environmental Scientist shall enter the farmhouses and determine if
City of San Luis Obispo December 2009
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P#a
Findings of Fact and Statement_ verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
there may have been any hazardous material releases associated with the storage or
use of hazardous materials. If it is determined that there may have been hazardous
materials release,a Phase II Environmental Site Assessment shall be performed to
determine if soil or groundwater has been affected.
— Mitigation Measure S-4(d) 55-Gallon Drums. Prior to development on the property
where 55-Gallon drums were identified as shown in Figure 4.9-1, soils samples shall
be taken in the vicinity of the drums and analyzed for total extractable petroleum
hydrocarbons (TEPH) by EPA method 8015, heavy metals by CCR Title 22 metals,
and solvents by EPA method 8260B. If levels of contaminants are found to exist in
concentrations that exceed regulatory thresholds,further sampling may be needed to
determine the extent of contamination. Once the extent of contamination is
delineated,an appropriate remediation method should be implemented according to
the size of the area contaminated and the contaminant involved.
b. Finding: The City funds that the above mitigation measures are feasible and have been
adopted. Impacts would be less than significant with implementation of the Specific
Plan provisions and the required mitigation measures.
I. PUBLIC SERVICES
1. Impact PS-2. The project would increase the number of residents served by the San Luis
Obispo Fire Department. The increase would affect the personnel, equipment and
organization of the Fire Department by increasing the burden on Fire Department services
and potentially placing residences outside of the target four minute response time. This
would be considered a Class II,significant but mitigable, impact.
a. Mitiag tion: The following mitigation measures are required.
— Mitigation Measure PS-2(a) Road Widths, Fire Hydrants. Road widths and
internal circulation, as well as the placement of fire hydrants, shall be designed with
the guidance of the Fire Department. A road system that allows unhindered Fire
Department access and maneuvering during emergencies shall be provided. The
San Luis Obispo Fire Department shall review all improvement plans for proposed
development in the Orcutt Area to ensure compliance with City standards and the
Uniform Fire Code.
— Mitigation Measure PS-2(b) Non-combustible exteriors. Buildings that are in areas
of moderate fire hazard and which are close to areas of high or extreme fire hazard
shall have non-combustible exteriors.
— Mitigation Measure PS-2(c) Defensible Space. Accessible space free of highly
combustible vegetation and materials shall be provided in the area 30 feet around all
structures located within the moderate wildland.fire hazard areas.
City of San Luis Obispo December 2009
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Pga _&�
Findings of Fact and Statement, verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
b. Fes: The City finds that the above mitigation measures are feasible and have been
adopted. With proposed mitigation measures, impacts would be reduced to a less than
significant level.
2. Impact PS-3: The project would increase the number of residents served by the SLCUSD.
The increase would result in a Class II, significant but mitigable impact to the school
system.
a. Mitigation: The following mitigation measures are intended to reduce project related
impacts:
— Mitigation Measure PS-3(a) Buildout Date Notification. The applicant shall notify
the San Luis Coastal Unified School District of the expected buildout date of each
phase of the project to allow the District time to plan in advance for new students.
— Mitigation Measure PS-3(b) Statutory School Fees. The applicant shall pay the
statutory school fees in effect at the time of issuance of building permits to the
appropriate school districts.
b. Findinw. The City finds that the above mitigation measures are feasible and have been
adopted. Mitigation Measure PS-3(b) would require the full development fees be
charged to a developer by the school districts. Currently the mitigation fee is $2.63 per
square foot of residential development and $0.42 per square foot of commercial or
industrial development. These fees would contribute funding for new school facilities
for the students potentially generated by the project. Pursuant to Section 65995 (3)(h) of
the California Government Code (Senate Bill 50, chaptered August 27, 1998), the
payment of statutory fees "...is deemed to be full and complete mitigation of the impacts
of any legislative or adjudicative act,or both,involving,but not limited to,the planning,
use, or developed of real property, or any change in governmental organization or
reorganization." Therefore, subsequent to payment of statutory fees, school impacts
would be considered less than significant.
K TRANSPORTATION AND CIRCULATION
1. Impact T-1: The addition of traffic generated by the Specific Plan to Baseline traffic volumes
would cause one study roadway segment and one intersection to operate at unacceptable
levels during peak hours. This would result in a Class II,significant but mitigable,impact.
a. Mitigation: The Specific Plan includes the following goals,policies and programs,which
are intended to address safe and efficient circulation within the Specific Plan area:Goal
5.1, Goal 5.2, Policy 5.1.a, Program 5.1.2, Program 5.1.3, and Policies 5.1.b-e. In addition
to these Specific Plan provisions, the following mitigation measures are also required to
further reduce impacts to roadway segments and intersections.
— Mitigation Measure T-1(a) Orcutt Road/Tank Farm Road. The additional traffic
generated by the Specific Plan will degrade operations at this intersection to an
City of San Luis Obispo December 20009
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Findings of Fact and Statement .veniding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
unacceptable level (LOS E), and the peak-hour signal warrant will be met. The
addition of a 200' right-turn lane on the southbound approach would mitigate this
impact, reducing overall delay to 14.8 seconds (LOS B). With the new right tum lane,
the southbound approach would experience a delay of 25.5 seconds (LOS D). The
vehicle delay for the northbound approach would be 28.2 seconds(LOS D).
Prior to issuance of occupancy permits, the applicants shall complete the
improvements identified within this mitigation measure subject to review,
inspection and permit issuance by the City.
b. Finding: The City finds that the above mitigation is feasible and has been adopted.
With implementation of the provisions within the Specific Plan and the required
mitigation, impacts to roadways and intersection operations would be reduced to less
than significant levels.
2- Impact T-2 The addition of traffic generated by the Specific Plan to Buildout traffic
volumes would cause one study roadway segment and five intersections to operate at
unacceptable levels during peak hours. This would result in a Class H, significant but
mitigable,impact.
a. Mitigation: The following mitigation measures are required to reduce impacts to
roadway segments and intersections to a less than significant level.
— Mitigation Measure T-2(a) Broad Street/South Street-Santa Barbara Road. In order
to mitigate Buildout level traffic conditions the intersection will need to be widened
to provide a 100 foot southbound right-tum lane. Alternatively, acceptable
operations could be achieved by improving the westbound approach to include two
left turn lanes and a shared through/right tum lane. Either of these two
improvements may result in secondary right-of-way impacts.
This specific plan is currently not included in the City's TIF program. The applicant
shall be responsible for paying a "fair share' mitigation fee as determined by the
Director of Public Works,associated with the estimated intersection improvements.
— Mitigation Measure T-2(b) Broad Street/Tank Farm Road. The addition of a second
southbound left-turn lane and a second northbound left-turn lane is necessary to
mitigate Buildout level traffic conditions. This improvement may result in secondary
right-of-way impacts.
This specific plan is currently not included in the City's TIF program. The applicant
shall be responsible for paying a "fair share" mitigation fee as determined by the
Director of Public Works,associated with the estimated intersection improvements.
— Mitigation Measure T-2(c) Orcutt Roadl7ohnson Avenue. The installation of a
single-lane roundabout is necessary to mitigate Buildout level traffic conditions.
Installation of a single-lane roundabout would improve intersection operations to
City of San Luis Obispo December 2009
42
?Ha-
Findings of Fact and Statement, verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
LOS A. This improvement would be needed as soon as the southwestern portion of
the Specific Plan is developed.
This specific plan is currently not included in the City's TIF program. The applicant
shall be responsible for paying a "fair share" mitigation fee as determined by the
Director of Public Works,associated with the estimated intersection improvements.
— Mitigation Measure T-2(d) Orcutt Road/Tank Farm Road The additional traffic
generated by the Buildout of the General Plan will trigger the need for a traffic signal
at this intersection. Installation of a traffic signal will improve intersection operations
to LOS C.
This specific plan is currently not included in the City's TIF program. The applicant
shall be responsible for paying a "fair share" mitigation fee as determined by the
Director of Public Works,associated with the estimated intersection improvements.
— Mitigation Measure T-2(e) Broad StreetlPrado Road Extension. The additional
traffic generated by the Buildout of the General Plan will trigger the need for a
second northbound left-tum lane. Prior to issuance of occupancy permits, specific
plan applicants shall make "fair share" contributions to the City's Orcutt Area
Specific Plan mitigation fee program for the addition of a second northbound left-
tum lane at the intersection of Broad Street and Prado Road.
b. Finding: The City finds that the above mitigation measures are feasible and have been
adopted. With implementation of these improvements, roadways and intersections
would operate at acceptable levels.Therefore,impacts would be less than significant.
3. Impact T-3: If improperly designed, site access and internal circulation roads can result in
safety hazards for all users including bicyclists, pedestrians, and transit patrons. The
Specific Plan includes site access, emergency access, and internal access road standards to
accommodate Specific Plan traffic. Class II,significant but mitigable,impacts would result.
a. Nitration: The proposed Specific Plan includes the following-goals, policies, and
programs, which are intended to address potential impacts associated with site access
and circulation: Policy 5.2.a, Policy 5.2.b, Programs 5.2.1 through 5.2.8, and Policies 5.3.a
through 5.3.c. The Specific Plan includes the following goals and programs to create safe
and efficient bicycle facilities in the Specific Plan area: Goal 5.3, Program 5.1.1, and
Program 5.3.1. The Specific Plan includes the following goal, policy and program
concerning transit facilities:Goal 5.4,Policy 5.4.a,and Program 5.4.1.
Implementation of the above policies and programs would reduce impacts to some
extent. However, implementation of the following mitigation measure is required to
reduce impacts related to vehicle and transit facilities to less than significant levels. (No
additional mitigation is required for bicycle and pedestrian facilities).
— Mitigation Measure T-3(a) Vehicle Facilities.The proposed specific plan will have a
potentially significant impact on vehicle facilities due to the potential for excessive
City of San Luis Obispo December 2009 er
43 P"�a -e�
Findings of Fact and Statement ierriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
on-site vehicle speeds. The typical street cross-sections should be adjusted as
follows: Bullock Lane Remove the southbound (west) parking lane (on the UPRR
side). Other collector roadways - Traffic control, such as all-way stops, should be
implemented at intersections where cross traffic volumes are large enough to
warrant installation. Local roadways should be configured in an interconnected
pattern with short block lengths. The Project, in coordination with the City, will
identify appropriate locations and relevant traffic calming treatments and install the
necessary devices. This mitigation measure may require modification of proposed
Specific Plan Program 5.2.6 to accommodate these provisions.
— Mitigation Measure T-30) Transit Facilities. Bus stops locations and amenities
should be developed in consultation with the City to mitigate potential Specific Plan
impacts. Additional bus stops may be required in or adjacent to the specific plan
area, and bus stop locations may need to be moved to accommodate development
patterns and new bus routings. In addition, special paving, bus bays, benches, and
shelters may be necessary at some locations. The specific plan, in coordination with
the City and SLO Transit, will plan and construct future bus stop locations and
amenities.
A service plan for the project site should be developed as part of the City's Short-
Range Transit Plan (SRTP) update process. With either option presented above or a
routing plan developed as part of the SRTP process, bus stops should be located
approximately every one-quarter mile. The primary on-site bus stop(s) will be
located near the intersection of"A" and"B" Streets.
— Mitigation Measure T-3(c) Bicycle Path Connection. The Class I bicycle path along
the UPRR tracks should be maintained across the creek to provide consistency with
the City's bicycle plan, and the path should connect to existing facilities at Orcutt
Road and Tank Farm Road even though the streets are outside of the project site.The
potentially significant impacts would be mitigated if the specific plan is developed
with the proposed facilities in place, a continuous Class I facility along the UPRR
tracks,and connections to existing facilities.
— Mitigation Measure T-30 Site Access. The ,adequacy of vehicular on-site
circulation needs to be reviewed when a plan showing all roadway locations has
been prepared. The locations of the proposed collector streets appear adequate.
Based on the projected traffic volumes, a one-lane roundabout will be adequate at
the Bullock Lane/"B" Street/"C" Street intersection. As described above, the bicycle
network is adequate. Pedestrian circulation needs to be reviewed when a plan
showing all local residential streets has been prepared. Pedestrian paths may be
required in some locations, dependent upon the connectivity of the proposed
roadway network.
b. Fes: The City finds that the above mitigation measures are feasible and have been
adopted. With implementation of the Specific Plans identified provisions and the
required mitigation measures,impacts to public transportation would be reduced to less
than significant levels.
City of San Luis Obispo December 2009
44
Findings of Fact and Statement. ierriding Considerations 1
Orcutt Area Speck Plan Attachment 6-Exhibit A
L. LAND USE AND PLANNING
1. Impact LU-1: The Specific Plan includes establishing open space and low density
residential land uses outside of the current City Urban Reserve Line (URL). Development
under City jurisdiction outside of the URL would be potentially inconsistent with the
growth management goals of preserving open space and agriculture on land surrounding
the City. However, these impacts are considered Class II,significant but mitigable.
a. Mitigation: The following mitigation measure would be needed, primarily to achieve
consistency with several General Plan policies.
— Mitigation Measure LU-1(a) General Plan Amendment. The City shall amend its
General Plan to include a revised Urban Reserve Line that contains all of the
property proposed for development within the Orcutt Specific Plan Area
b. Finding: The City finds that the above mitigation is feasible and has been adopted. The
implementation of the above mitigation measures would reduce impacts to a less than
significant level.
2. Impact LU-2. The Specific Plan includes land use designations that potentially allow for 750
to 1,000 dwelling units, 50 to 300 units more than is planned for the Orcutt Area in the
General Plan. This impact is considered Class II,significant but mitigable.
a. Mitigation: The following mitigation measure is required.
— Mitigation Measure LU-2(a) General Plan Amendment. The City shall amend its
General Plan to reflect the increased buildout potential of the Orcutt Area and
decreased potential of the Margarita Area. The estimated buildout for Orcutt shall
be between 500 and 1,000 dwelling units and, for Margarita, between 800 to 1,200
dwelling units.
b. Finding: The City finds that the above mitigation measure is feasible and has been
adopted. Implementation of the above mitigation measure would reduce impacts to a
less than significant level.
3. Impact LU-3: The proposed development would be potentially inconsistent with City urban
design goals described in to the City's Community Design Guidelines, and could result in
compatibility issues between certain commercial and residential uses. This is considered a
Class II,significant but mitigable,impact.
a. Mitt ag tion: The following design-oriented mitigation would be required to ensure
consistency with City policies:
City of San Luis Obispo December 2009
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Findings of Fact and Statement, '✓eroding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
— Mitigation Measure LU-3(a) Modified Design Elements. The Specific Plan shall
include one or more of the following approaches to achieve consistency with the
City's Community Design policies:
■ The Specific Plan can be modified to include more commercial area that is not
allowed to be converted to housing.
■ Provide a pedestrian and bicycle underpass below the railroad tracks(or a bridge
over the tracks) that connect the Orcutt Area to the western end of Industrial
Way. This will allow residents of the Orcutt Area to reach Marigold Center via
Industrial Way, making the distance approximately 0.5 mile from the railroad
track underpass.
— Mitigation Measure LU-3(b) Mixed Use Incompatibility. Individual uses in the
Mixed Use zone such as nail salons, cleaners, or coffee roasters that may generate
substantial odors shall be carefully evaluated for compatibility with nearby
residential uses at the discretion of the Community Development Director, prior to
issuance of an APCD use permit.
b. Fes: With the implementation of the mitigation measure listed above, impacts
related to mixed use incompatibility and consistency with the Community Design
Guidelines will be reduced to less than significant. It should be noted that establishing a
pedestrian right-of-way under the railroad track, if this approach is used, should be
done in such a manner to preclude the possibility of further right-of-way acquisition so
that no roadway could be extended through this area. This would avoid potential
impacts related to traffic and land use that could otherwise result from a roadway
extension at this location.
4. Impact LU-4: The proposed Specific Plan would permit development that is potentially
inconsistent with the ALUP. This is considered a Class II,significant but mitigable, impact.
a. Mitigation: Mitigation measures S-2(a),S-2(b),S-2(c), and S-2(d), from the Public Safety
section above,would be required.
b. Fes: The City finds that the above mitigation measures are feasible and have been
adopted. Mitigation measures S-2(a), S-2(b), S-2(c), and S-2(d) would make the Specific
Plan consistent with the ALUP,reducing impacts to a less than significant level.
M. GROWTH INDUCING IMPACTS
1. Impact: Growth Inducement resulting from development anticipated by the General Plan
would be significant but mitigable.
a. Mitigation: Mitigation measure LU-1(a) (above) requires the City to adjust the URL to
include all of the area proposed for development in the Specific Plan, therefore, with
implementation of this measure,impacts would be reduced to less than significant.
City of San Luis Obispo December 2009
46 P/1 a_110.
70
Findings of Fact and Statement, ✓erriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
b. Findinje: The City finds that the above mitigation measure is feasible and has been
adopted. With the proposed mitigation measure, the URL would be adjacent to open
space within the City Limits and no growth inducing impacts would occur.
2- Impact: Growth inducement resulting from road extensions proposed by the project would
be significant and unavoidable.
a. Mitigation No feasible mitigation is available that would reduce the projects potential
to induce growth due to roadway extensions.
b. Finding: The City finds that no feasible mitigation is available, and that this impact is
significant and unavoidable. A statement of overriding considerations for this impact is
made in Section 6.
N. GLOBAL CLIMATE CHANGE
1. Impact: The proposed GASP would result in significant but mitigable impacts to global
climate change. Determination of the significance of operational GHG emissions impacts is
predicated upon a projects consistency with a GHG reduction plan or, in the absence of
such a plan,compliance with AB 32 [refer to Section 7.3(a) of the EIR]. Because the Climate
Action Plan has not yet been completed for San Luis Obispo County, the following
mitigation measures are required:
a. Mitigation
— GCC-1(a) GHG Emissions Reduction Planning. To ensure that future development
under the Specific Plan meets the GHG emissions reduction requirements in AB 32
and SB 375, the following policies shall be added to the Specific Plan:
• The City shall participate in regional planning efforts with SLOCOG and the
APCD to reduce basin-wide GHG emissions in compliance with SB 375.
■ The City s participation in regional planning efforts to reduce basin-wide GHG
emissions is anticipated to include City assistance in developing a GHG
emissions inventory, and identifying reduction measures related to site design,
energy conservation,and trip reduction.
■ Once the Resource Agency adopts guidelines for the mitigation of GHG
emissions pursuant to SB 97, all projects under the Specific Plan shall mitigate
GHG emissions as required.
— GCC-1(b) Consideration of Project Greenhouse Gas Emissions Reduction Measures.
Through the CEQA environmental review process for discretionary permit
applications, development under the Specific Plan shall consider all feasible GHG
emissions reduction measures to reduce direct and indirect emissions associated
with project vehicle trip generation and energy consumption.
City of San Luis Obispo December 2009
47
Findings of Fact and Statement, ✓erriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
b. Finding: The City finds that the above mitigation measures are feasible and have been
adopted. The above mitigation measures would ensure compliance with regional efforts
to meet GHG emissions targets in AB 32. Determining the significance of the impact of
the project on global climate is still speculative. Nonetheless, the project's contribution
to the problem of global climate change would be reduced with implementation of
GASP policies and programs, and applicable mitigation measures listed in Tables 7.3
and 7.4 of the EIR, respectively. The project also must be carried out in a manner
consistent with the goals, policies and programs of the City's Conservation Open Space
Element. In addition, the recommended project design features suggested above can be
incorporated into the OASP to further reduce the GHG emissions at build-out.
Mitigation measures GCC-1(a) and GCC-1(b)would ensure less than significant impacts.
SECTION 6. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL
EFFECTS OF THE PROPOSED PROJECT FOR WHICH SUFFICIENT
MITIGATION IS NOT AVAILABLE
This section presents the projects significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations
[CCR]) and Section 21081 of the Public Resources Code require a lead agency to make findings
for each significant environmental impact disclosed in an EIR. Specifically, for each significant
impact, the lead agency must find that:
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
— Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted Inj such other agency.
— Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies impacts that can be reduced, but not to a less-than-significant level,
through the incorporation of feasible mitigation measures into the project,and which therefore,
remain significant and unavoidable,as identified in the program EIR:
The impacts identified in this section are considered in the same sequence in which they appear
in the draft EIR. Where adoption of feasible mitigation measures is not effective in avoiding an
impact or reducing it to a less-than-significant level, the feasibility of adopting alternatives to
the proposed project is considered in Section 7 of this document.
City of San Luis Obispo December 2009 p
48
Findings of Fact and Statement, verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit
A. AESTHETICS
1. Impact AES-1: The proposed development would affect the aesthetic character of the site
vicinity through alteration of viewsheds from Orcutt and Tank Farm Roads. This is
considered a Class I,significant and unavoidable impact.
a. Mitigation: The proposed Specific Plan includes the following goals, policies, and
programs, which are intended to address potential impacts associated with this issue:
Goal 2.4,Policy 2.4.1,and Programs 2.4.1a through 2.4.1e. No other mitigation measures
are feasible.
b. .F� The City finds that no feasible mitigation is available. Implementation of these
provisions of the Specific Plan would reduce impacts to some extent. However,impacts
to the character of the site due to the change from rural to urban development will
remain significant and unavoidable. A statement of overriding considerations for this
impact is made in Section 8.
2. Impact AES-2 The proposed development would affect the aesthetic character of the
Specific Plan Area and impede views of Righetti Hill. This is considered a Class I,
significant and unavoidable impact.
a. Mitigation: There are no feasible mitigation measures that are consistent with the
objectives of the proposed project.
b. Fes: The City finds that no feasible mitigation is available, and that impacts to the
character of the site due to the change from rural to urban development will remain
significant and unavoidable. A statement of overriding considerations for this impact-is
made in Section 8.
3. Cumulative Impacts: New development in and around the City will affect the aesthetic
character of the City by adding new urban elements such as streets, buildings, signs, and
landscaping, as well as light sources. This is especially true for new development in rural
areas around the City edge. As the City grows at its edges, greenbelt and rural areas
surrounding the City are lost. In addition to the proposed project, the City is currently
reviewing Specific Plans for the Margarita and Airport Areas which include proposed
development of currently rural areas. Cumulative development of these proposed
developments would result in a significant cumulative loss of open space and would
irrevocably alter the character of these areas throughout the City from rural to urban
Implementation of the proposed Specific Plan would incrementally contribute to this change
in aesthetic character of the site and the surrounding areas. Cumulative aesthetic impacts
are therefore considered Significant and Unavoidable(Class I).
a. Mitigation: The Specific Plan contains goals and policies which would reduce
cumulative aesthetic impacts. In addition, implementation of Mitigation Measure AES-
3(a),would further reduce impacts. No other feasible mitigation is available that would
meet the project objectives.
City of San Luis Obispo December 2009
49
dVHc;1
Findings of Fact and Statement reading Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
b. Findings: The City finds that no additional feasible mitigation is available for
cumulative aesthetic impacts, which would remain significant and unavoidable. A
statement of overriding considerations for this impact is made in Section 8.
B. AIR QUALITY
1. Impact AQ4: The proposed Specific Plan is consistent with population assumptions of the
General Plan and San Luis Obispo County Clean Air Plan (CAP). However, the Specific
Plan proposes low density residential development outside of the current Urban Reserve
Line (URL) which will require an adjustment of the URL to be consistent with the General
Plan. The 2001 CAP encourages development to occur within the URL of cities, therefore,
the Specific Plan is inconsistent with the 2001 Clean Air Plan(CAP). This is considered to be
a Class I,significant and unavoidable impact.
a. Mitigation: The incorporation of Mitigation Measures AQ-1(b) though AQ-1(f), and T-
3(b) through T-3(d), are recommended to improve consistency with the CAP. The
following additional measure is also required:
— Mitigation Measure AQ-4(a) Development and Distribution of Alternative
Transportation Information. The applicant shall create a Multi-Modal Access
Guide, which includes maps and other information on how to walk and cycle to
nearby destinations. In addition, the applicant shall provide an on-site bulletin
board specifically for the posting of bus schedules and notices of availability for car-
pooling and/or shall distribute such information to property owners upon
occupancy. The applicant shall be responsible for maintaining this board and
updating it every two months.
b. Finding: The City finds that the mitigation measure is feasible and has been adopted.
However, short of limiting growth to within the current URL boundaries, this
inconsistency cannot be fully mitigated. A statement of overriding considerations for
this impact is made in Section 8.
2. Cumulative Impacts: The OASP is inconsistent with the CAP policy of containing urban
development within the URL of cities and exceeds the SLOAPCD Tier II thresholds of
significance. As a result, the OASP is considered to be potentially inconsistent with long-
term regional air quality planning efforts, and the Specific Plan is expected to have
significant and unavoidable impacts on air quality.
a. Mitigation: The Specific Plan contains goals and policies which would reduce
cumulative agricultural impacts. In addition, implementation of Mitigation Measures
AG-1(a-f), AQ-3(a-d) and AQ-4(a), would further reduce impacts. No other feasible
mitigation is available that would meet the project objectives.
b. Finding: The City finds that no additional feasible mitigation is available for cumulative
air quality impacts, which would remain significant and unavoidable. A statement of
overriding considerations for this impact is made in Section 8.
City of San Luis Obispo December 2009
50
P?Y9 9
Findings of Fact and Statement. ierriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
C. NOISE
1. Impact N-5: The proposed Specific Plan, in combination with cumulative development at
General Plan buildout would add to roadway corridor noise levels already above the 60
dBA Ldn City threshold.This is considered a Class I,significant and unavoidable impact.
a. Mitiag tion: As discussed under Impact N-2 above, the Specific Plan contains goals,
policies,and programs that will reduce noise exposure of new sensitive receptors within
the Orcutt Area to meet City standards. In addition, implementation of the following
measure would further reduce cumulative noise impacts for the Specific Plan area and
other development areas to a feasible extent.
— Mitigation Measure N-5(a) Fair Share of Cumulative Noise Improvements.
Applicants under the Specific Plan must contribute their fair financial share, as
determined by the City, to the implementation of one or more of the mitigation
approaches listed in policy 9 of the Noise Element (refer to Appendix E of the EIR).
The Specific Plan has been revised to include a specific program to contribute to
mitigating cumulative impacts. Implementation of the program must occur prior
home occupancy for development pursuant to the.Specific Plan.
b. Finding_ The City finds that the mitigation measure is feasible and has been adopted.
Use of such techniques on all new development in the area and the retrofitting of
existing development would reduce cumulative impacts to the extent feasible.
However, implementation of these techniques would not necessarily. ensure that
cumulative noise experienced at sensitive receptors would be reduced to less than
significant levels at all locations. No additional mitigation measures are feasible due to
economic and physical constraints. Therefore, impacts would remain significant and
unavoidable. A statement of overriding considerations for this impact is made in
Section 8.
City of San Luis Obispo December 2009
51 PHca-9 r
Findings of Fact and Statement''. rerriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
SECTION 7. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
PROJECT
A. INTRODUCTION
As identified in Section 6 of this document, the proposed project will cause the following
significant and unavoidable environmental impacts to occur:
• Impact AES-1: Aesthetic character and alteration of viewsheds from Orcutt and Tank
Farm Roads
• Impact AES-2: Aesthetic character and impact to views of Righetti Hill
• Cumulative aesthetic impacts
• Cumulative impacts to agricultural resources
• Impact AQ-4:Clean Air Plan (CAP)consistency
• Cumulative air quality impacts
• Impact N-5: Cumulative roadway noise
• Growth Inducement
Because the proposed project will cause significant and unavoidable environmental impacts to
occur as identified above, the City must consider the feasibility of any environmentally superior
alternatives to the project, as proposed. The City must evaluate whether one or more of these
alteratives could substantially lessen or avoid the unavoidable significant environmental
effects.
As such, the environmental superiority and feasibility of each alternative to the project is
considered in this section. Specifically, this section evaluates the effectiveness of these
alternatives in reducing the significant and unavoidable impacts of the proposed project.
B. DESCRIPTION OF THE ALTERNATIVES
The program EIR for the project evaluates the following four alternatives to the project: (1) a no
project alternative; (2) an alternative neighborhood center design; (3) an alternative that
incorporates all mitigation required for the proposed Specific Plan; and (4) a project with
reduced residential density.
1. Alternative 1: No-Project. As required by CEQA, this EIR evaluates the environmental
consequences of not proceeding with the project. This alterative assumes that the Specific
Plan is not adopted, and that the site remains in its current state of farm and ranchlands,
single-family homes and storage, although it would not preclude future development that
may be proposed under the County's subdivision ordinance. This site is zoned and
designated under the General Plan as Residential Single Family and Agricultural (AG).
2. Alternative 2. Neighborhood Center. This alterative would result in development
clustered toward the center of the site and around a commercial core. The intensity of
development in the Plan Area is similar to the proposed project but the Neighborhood
City of San Luis Obispo December 2009
52 P140, )
Findings of Fact and Statement._ , feniding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
Center alternative includes potential for a greater amount of commercial uses than the
proposed project. This alternative is substantially similar to the proposed project in that the
overall number of dwelling units and expected population under this alternative are the
same. The development pattern places a higher density of people in a concentrated area but
also leaves more area as open space. This alternative, like the proposed Specific Plan
includes development outside of the current URL.
3. Alternative 3: Mitigated Project. The Mitigated Project Alternative would include a
Specific Plan revised to incorporate mitigation measures that are recommended for the
proposed Specific Plan. The Mitigated Project Alternative would include the same number
of residences but at slightly higher densities than in the proposed Specific Plan. This is
because there would be an increased amount of parkland, a potential fire station site, and
there would not be any development outside of the current Urban Reserve Line (URL).
4. Alternative 4: Reduced Project. This alternative considers a development area that would
be the same as the proposed project but with lesser residential density within that area. The
development pattern, circulation, and open space areas would be similar to the proposed
project. This alternative would accommodate up to 650 new dwelling units (about 330
fewer than under the proposed project) and a school in the same site as in the proposed
Specific Plan. The commercial development potential would remain the same as the
proposed project.
C. EFFECTIVENESS OF ALTERNATIVES IN AVOIDING SIGNIFICANT
PROTECT IMPACTS
This section evaluates the effectiveness of the alternatives in reducing the significant and
unavoidable impacts of the proposed project.
1. Significant and Unavoidable Aesthetic Impacts. The proposed project would result in
significant and unavoidable impacts related to the aesthetic character of the site, and
blockage of scenic views. Alternative 1 (No Project) is the only alternative that would avoid
both of the significant impacts related to aesthetic character and view blockage.
Alternatives 2, 3, and 4 would result in changes to the existing aesthetic character of the site
similar to the proposed project. Under Alternative 2, views from Orcutt Road on the east
side of the Orcutt Area would not be impacted to the extent that they would with the
proposed project, however impacts would remain significant. Alternative 3 would reduce
the impact to scenic views to a less than significant level by requiring a 50' setback from the
Orcutt Road and Tank Farm Road right-of-ways. However, under Alternative 3, the
impacts to visual character could be greater than the proposed project due to higher
residential densities and the addition of a fire station. Although the overall density of
development under Alterative 4 would be less, impacts to aesthetic character and view
blockage would remain significant.
2. Significant and Unavoidable Cumulative A it Quality Impacts. The proposed project
would result in significant and unavoidable impacts related to Clean Air Plan (CAP)
inconsistency, which is considered a cumulative air quality impact. Under Alternative 1
City of San Luis Obispo December 2009 1
53 PH c;L—p
Findings of Fact and Statement,— verriding Considerations i
Orcutt Area Specific Plan Attachment 6-Exhibit A
(No Project),no additional vehicle trips would be generated, and no development would be
allowed outside of the ULL,therefore cumulative air quality impacts would be substantially
reduced. Under Alternative 2, additional vehicle trips would result in increased emissions
compared to the proposed project, which would cumulatively impact air quality. Because
Alternatives 2 and 4 would allow development outside of the Urban Limit Line (ULL),
impacts related to CAP consistency would be similar to the proposed project. Alternative 3
would not allow development outside of the existing ULL, and would therefore be
consistent with the CAP. The pedestrian/bicycle underpass proposed in Alternative 3
would also result in fewer vehicle trips and associated cumulative vehicle emissions.
Alternative 4 would also result in fewer trips and emissions, and includes less dwelling
units and expected population than the proposed project, however, the significant
cumulative impacts would not be avoided.
3. Significant and Unavoidable Cumulative Noise Impacts. The proposed project would
contribute to significant and unavoidable cumulative roadway noise impacts caused by the
addition of vehicle trips. Alternative 1 would not add additional vehicle trips to the
roadway network, and therefore, would avoid the cumulative impact relating to roadway
noise. Alternative 2-would result in a greater number of vehicle trips and therefore have
greater roadway noise impacts than the proposed project. The bicycle/pedestrian overpass
proposed in Alternative 3 may reduce vehicle trips associated with the project. However,
the addition of a fire station within the specific plan may result in periodic increases in
roadway noise, although trips would be infrequent, and associated noise is unlikely to
exceed the City's thresholds. The fire station would be subject to subsequent project-level
environmental review. Alternative 4 would result in fewer vehicle trips and associated
roadway noise than the proposed project, and with implementation of mitigation measure
N-5(a) Fair Share of Cumulative Noise Improvements, the contribution to the cumulative
roadway noise impacts would be reduced to a less than significant level.
4. Significant and Unavoidable Growth Inducing Impacts. The proposed project includes
roadway extensions that would result in significant and unavoidable growth inducing
impacts. Alternative 1 (No Project) would avoid this impact. Extension of the roadways
within the Specific Plan area under Alternatives 2, 3, and 4 would result in growth
inducement.
D. ENVIRONMENTALLY SUPERIOR.ALTERNATIVE AND FEASIBILITY OF
PROTECT ALTERNATIVES
1. Finding: Alternative 1 (No Project) is environmentally superior overall, since no
development would occur under the City jurisdiction and any new development would be
required to be consistent with the County General Plan and Zoning Ordinance which allows
residential development at a much lesser density. However, the existing Land Use Element
establishes the Orcutt Area as a City Expansion Area and requires that a Specific Plan be
adopted prior to urban development. Alternative 1 fails to meet the City's objectives for the
project area, and thus is infeasible as a means of satisfying those objectives. The City,
therefore,finds this alternative to be infeasible to implement.
City of San Luis Obispo December 2009
` doma -9�'
Findings of Fact and Statement'%.. ✓erriding Considerations i
Orcutt Area Specific Pian Attachment 6-Exhibit A
2. Finding. Alternative 2 (Neighborhood Center) would be inferior to the proposed Specific
Plan. With a more compact and higher density design, this alternative requires less
disturbed area but it includes more disturbance for roads in riparian areas. The amount of
commercial area proposed would exceed the demand from the local neighborhood and
would draw traffic from outside the plan area. In addition, the density proposed is
inconsistent with the residential density limitations of the Airport Land Use Plan.
Alternative 2 does not avoid any of the Class I impacts associated with the proposed project
The City, therefore, finds that since this alternative is not environmentally superior to the
proposed project,a feasibility determination is not necessary.
3. Finding: Alternative 3 (Mitigated Project) is considered environmentally superior to the
Specific Plan for several issues. Alternative 3 also avoids the Class I impacts related to
scenic view blockage, CAP consistency and cumulative roadway noise. However, this
alterative would result in greater impacts to the visual character of the site. In addition,
the proposed fire station may periodically increase roadway noise, due to the sirens
associated with emergency vehicles, although this project component would be subject to
subsequent environmental review. The City, therefore, finds that this alternative is not
entirely superior to the proposed project; therefore, a feasibility determination is not
necessary.
4. Finding. Alternative 4 (Reduced Project) is also superior to the proposed Specific Plan in
most environmental issue areas since there are fewer residents on the site that could be
impacted. Alternative 4 avoids the Class I impact related to cumulative roadway noise.
However, Alternative 4 would not fully satisfy the project objectives of 1) provision of a
variety of housing types for all income levels or 2) provision of new jobs. Alternative 4
would result in fewer total residential units than the proposed project (330 vs. 1000) and
with less housing overall,would be inferior to the proposed project in terms of its ability to
provide a variety of housing types for all income levels. In addition, with less residential
development compared to the proposed project, Alternative 4 would provide fewer
construction-related jobs, and would create less of a demand for goods and services in the
area. The City, therefore, finds that Alternative 4 is inferior to the proposed project, and
therefore infeasible to implement.
SECTION 8. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The program EIR for the project identifies the following significant and unavoidable impacts of
the project:
1. The proposed development would affect the aesthetic character of the site vicinity
through alteration of viewsheds from Orcutt and Tank Farm Roads.
2. The proposed development would affect the aesthetic character of the Specific Plan Area
and impede views of Righetti Hill.
City of San Luis Obispo December 2009
55 P/1.1 —9f
i
Findings of Fact and Statement _,verriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
3. Cumulative development of these proposed developments would result in a significant
cumulative loss of open space and would irrevocably alter the character of these areas
throughout the City from rural to urban. Implementation of the proposed Specific Plan
would incrementally contribute to this change in aesthetic character of the site and the
surrounding areas.
4. The proposed Specific Plan is consistent with population assumptions of the General
Plan and San Luis Obispo County Clean Air Plan (CAP). However, the Specific Plan
proposes low density residential development outside of the current Urban Reserve Line
(URL) which will require an adjustment of the URL to be consistent with the General
Plan. The 2001 CAP encourages development to occur within the URL of cities,
therefore,the Specific Plan is inconsistent with the 2001 Clean Air Plan(CAP).
5. The OASP is inconsistent with the CAP policy of containing urban development within
the URL of cities and exceeds the SLOAPCD Tier II thresholds of significance. As a
result, the OASP is considered to be potentially inconsistent with long-term regional air
quality planning efforts, and the Specific Plan is expected to have significant and
unavoidable impacts on air quality.
6. The proposed Specific Plan, in combination with cumulative development at General
Plan buildout would add to roadway corridor noise levels already above the 60 dBA
Ldn City threshold..
7. Extensions of the roadways proposed by the Specific Plan may have significant impacts
related to growth inducement.
For projects which would result in significant environmental impacts that cannot be avoided,
CEQA requires that the lead agency balance the benefits of these projects against the
unavoidable environmental risks in determining whether to approve the projects. If the benefits
of these projects outweigh the unavoidable impacts, those impacts may be considered
acceptable (CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such
projects, the public agency adopt a Statement of Overriding Considerations setting forth the
reasons why the agency finds that the benefits of the project outweigh the significant
environmental effects caused by the project.This statement is provided below.
B. REQUIRED FINDINGS
The City has incorporated all feasible mitigation measures into the project. Although these
measures will significantly lessen the unavoidable impacts listed above, the measures will not
fully avoid these impacts.
The City has also examined a reasonable range of alternatives to the project and has
incorporated portions of these alternatives into the project in order to reduce impacts. The City
has determined that none of these alternatives, taken as a whole, is both environmentally
superior and more feasible than the project.
Alternative 1 (No Project) would avoid all of the significant impacts of the project, but is not
considered feasible. Alternative 2 is considered to be environmentally inferior to the proposed
project. Alternative 3 would be superior to the project in some aspects, but would result in
greater impacts to the visual character of the site. Alternative 4 is superior to the proposed
City of San Luis Obispo December 2009
56 ®Ha -Ac
Findings of Fact and Statement'.___ rerriding Considerations %
Orcutt Area Specific Plan Attachment 6-Exhibit A
project in that it avoids the Class I impact related to cumulative roadway noise. However,
Alternative 4 is inferior to the proposed project in terms of its ability to meet all of the project
objectives, including 1) Provision of a Variety of Housing Types for all Income Levels or 2)
Provision of New Jobs.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of
the proposed project against its unavoidable environmental risks. For the reasons specified
below, the City finds that the following considerations outweigh the proposed project's
unavoidable environmental risks:
1. Provision of new Residential and Commercial Uses. The Orcutt Area Specific Plan will
develop a new residential neighborhood to meet the City's housing needs and that
designates sufficient land for neighborhood serving commercial uses to reduce vehicle trips
and provide for the convenience of area residents.
2. Provision of a Variety of Housing Types for all Income Levels. The Orcutt Area Specific
Plan provides a variety of housing types and costs to meet the needs of renters and buyers
with a variety of income-levels,including inclusionary affordable housing for residents with
moderate,low and very-low income levels.
3. Open Space and Natural Resource Protection: Implementation of the proposed project
would result in the creation of 47 acres of permanently-protected open space on Righetti
Hill, and 34 acres of creek and wetland corridors and setback areas. The Specific Plan
would protect and enhance Righetti Hill, creek/wetland habitats, and visual resources in
open space areas.
4. Provision of Park and Recreational Facilities. The Orcutt Area Specific Plan will provide
parks, recreational facilities, public squares, plazas and green spaces for residents of the
Orcutt Area.
5. Well-Planned Neighborhood Would Reduce Vehicle Trips: The Orcutt Area Specific Plan
would develop a new residential neighborhood to meet the City's housing needs and that
designates sufficient land for neighborhood serving commercial uses to reduce vehicle trips
and provide for the convenience of area residents. In addition, the Specific Plan encourages
the use of bicycles and walking within the Plan Area by: (a) including specific policies and
development standards that will result in subdivision and building designs that facilitate
bike use and pedestrian access; (b) incorporating all classes of bike lanes and include bike
and pedestrian paths through the parks and open space areas; and (c) providing parks,
recreational facilities, public squares, plazas and green spaces for residents of the Orcutt
Area.
6. Provision of New Jobs: The project would create new construction-related and permanent
jobs in the project area. Planned commercial development would provide new jobs that are
needed to support a household within the City.
City of San Luis Obispo December 2009 /
57 PRa-10 1
Findings of Fact and Statement,._-ierriding Considerations
Orcutt Area Specific Plan Attachment 6-Exhibit A
7. Implementation of the General Plan: As required by the City General Plan, the Orcutt
Area Specific Plan contains policies and standards that will facilitate appropriate
development of land,protection of open space,and provision of adequate public facilities.
Accordingly, the City finds that the project's adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
Dated: 2010
David F.Romero
Mayor,City of San Luis Obispo
City of San Luis Obispo December 2009
58 PRJ—/DO,
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council memoRanbum
crty of*san iu)s osispo, community oevetopmE pant —_
U I __—CfiCDD DIR
DATE: Feb 26 2010 ' f3'GAo u*Mmot, 3-FIN DIR
Y , p'AGAe*vrc-n/ve-- IRE CHIEF
5-AT7ORNEY 2-PW DIR
TO: City Council ? ErCLERK/ORIG aPOLICE CHF
0 DEPT HEADS B""HEC DIR
VIA: Katie Lichtig, City Manager m*�a, 2*TF Ai D RIR mo—
FROM: John Mandeville, Community Development Director
BY: Michael Codron, Housing Programs Manager
SUBJECT: Sierra Club Comments on the Orcutt Area Specific Plan (OASP) Final Program
Environmental Impact Report(FEIR)
The Sierra Club recently provided the City Council with a letter commenting on cumulative
impacts to agriculture that are discussed in the FEIR. The Sierra Club letter says that it is
inappropriate to mitigate impacts to agricultural.land by preserving open space land, in this case
a portion of Righetti Hill with steep slopes. Staff agrees that agricultural impacts cannot be
mitigated by preservation of another type of open space area, and no such mitigation is proposed.
The OASP proposes to include within the Urban Reserve Line (URL) 7.4 acres of flat land on
the northeast side of Righetti Hill. According to the FEIR Soils Survey Map (Figure 4.2-1), the
soil type in this area is Los Osos-Diablo Complex,which is not considered prime. Due to lack of
water resources in the area, this land has never been irrigated and is not economically viable
farmland. Therefore, the change to the URL involves no direct impact to agricultural land.
As stated in Section 5.0 of the FEIR (Table 5-1), the OASP is consistent with City policy to
preserve agricultural lands outside of the URL because the URL will be moved upon adoption of
the GASP. If the City were to permit this development to go forward outside of the URL, then a
cumulative impact would occur. However, the impact is avoided by virtue of the deliberate
planning process used to determine that the proposed URL change is consistent with the General
Plan.
The Planning Commission's decision to include this 7.4 acre site within the URL was based on
the fact that the area did not include prime soils and was suitable for residential development.
The Commission was also supportive of the change because a similarly sized area will be
removed from the URL on the west side of Righetti Hill.
In conclusion, the additional open space preservation proposed on the west side of Righetti Hill
is the result of a detailed planning effort to determine the most appropriate uses for the land
surrounding the most prominent topographical feature in the Orcutt Area. This----j
preservation is not,however, proposed to mitigate impacts to agriculture. tt�A ��// tt
RED FILE MAR 12010
MEETING AGENDA SLO CITY CLERK
DA -O e ITEM # PHS G:\CD-PLAN\MCODRON\Planning\OASP\smffrepons(08)\OASP(siertaclub)merw.doc
i.
eLU '`)G L �
From: Justesen, Erik P.[SMTP:EPJUSTESEN@RRMDESIGN.COM]
Sent: Tuesday, March 02, 2010 3:49:00 PM /
To: Council, SloCity
Subject: Orcutt Area Speck Plan
Auto forwarded by a Rule
Peto
Dear Council Members, �i�/l0,(:5
I am writing to voice my support for your approval of the OASP and Certification of the FEIR as
recommended by the Planning Commission and Staff. I have been involved with community
planning the better part of 26 years, much of that time in SLO. I have worked on both the
Margarita and Orcutt area SPs with the goal of creating new high quality residential
neighborhoods to help satisfy the housing demand here in SLO. The residential expansion areas
for SLO(Margarita, Orcutt and LOVR)represent the only sizable ability for the City to balance
the number of residents to the number of jobs. Currently SLO has a very large imbalance,the net
effect is a tremendous amount of daily in and out bound commuting between the City of SLO and
the outlying bedroom communities.Thousands of individual car trip clog LOUR,Broad Street,
and 101 north and south every morning and evening.
You recently completed a greenhouse gas inventory for the City. The primary contributor to GHG
is from transportation, a large part represents this daily commute. Approval of this plan will go a
long way to help minimize our GHG imprint and establish SLO as a balanced environmentally
minded City.
Please support the Planning Commission and staff recommendation and approve this plan and
FEIR.
Thank you
Erik P.Justesen,ASLA,LEED AP
President/CEO
rrmdesigngroup
3765 S.Higuera St., Ste.102
San Luis Obispo, CA 93401
P: (805)543-1794 1 F: (805)5434609
www.rrmdesign.com
RECEIVED
MAR 2 2010
SLO CITY CLERK
From: Dan Rivoire[SMTP:DAN@SLOBIKELANE.ORGI ���"' A L
Sent: Wednesday, March 03, 2010 4:36:21 PM —
To: Council, SloCityP� �x
Cc: Wertenbruch Tyler n
Subject: Orcutt Area Specific Plan
Auto forwarded by a Rule
Dear Council Members, v LIE
I am writing you to personally thank you for approving the Orcutt Area Specific Plan
yesterday evening at the City Council Meeting. Despite multiple controversial
components of the project your willingness to engage in productive
discourse demonstrates the extent to which you care about San Luis Obispo, its residents,
development, and the progress thereof.
The San Luis Obispo County Bicycle Coalition strongly believes in the beneficial aspects
of bicycle and pedestrian infrastructure. In cities around the world it has been found that
increasing such infrastructure leads to greater participation in active forms of
transportation and therefore reduces pollution, mitigates traffic
congestion, improves citizen health, and much more. The decision you
made last night is directly connected to the greater well being of our society overall. Most
importantly,by consistently improving our bike friendliness we demonstrate to tourists,
visitors, and residents that San Luis Obispo is the best active healthy family friendly
community for them.
Thank you for your hard work on this entire project and all that you do to make SLO a
great place to live, work, and play.
Sincerely,
Dan Rivoire
Executive Director
San Luis Obispo County Bicycle Coalition
dan(a-)-slobikelane.org
805.547.2055
www.slobikelane.org
RECEIVED
MAR 4 1010
SLO CITY CLERK
a
March 9,2010 �l T/O A) 4"
&,, 2ESfoA/>&IWE
San Luis Obispo City Council Members
990 Palm Street ��
San Luis Obispo, CA CC, 00-14 NCi L k(,L
Dear Council Members,
This is in regards to Parkland Fees in the Orcutt Area pecific Plan (OASP).
Financial provisions for providing parkland is proposed in the OASP and incorporates
our property in requiring purchase of parkland. As we have been ask to participate in the
OASP and in the parkland provisions, we have concerns.
We recognize the City's desire and merits to create a park, but think it is unreasonable to
ask us to accept an arbitrary parkland purchase fee of$300,000 per acre when:
(1) It is based on an outdated report/survey.
(2) Said report/survey provides outdated and out of area comparables on property
sales between 2002-2008.
(3) Said report/survey states that"The intended use of this survey is for pricing
potential development land for dedication and/or mitigation purposes as part of the
Orcutt Area Specific Plan. This survey is used to evaluate the approximate land value
range suggested by Mr. Byron Grant of South County Realty in his memo to Mr. Andrew
Merriam dated April 4, 2008." Does that mean the survey is pricing land for dedication
and/or mitigation purpose and not for selling purposes? Is the survey only validating Mr.
Grant's land value range?
(4) We question the conclusion of the appraisal/survey where it states: "Assuming
annexed and "zoned" (but not fully approved) land, the price range suggested by Mr.
Grant appears supported for low-density residential development land, but would be
considered low for medium-density residential land in San Luis Obispo". Isn't the
conclusion again supporting the suggested price range suggested by Mr. Grant?
It was disclosed at a Planning Commission meeting that Mr. Grant is the real estate
Broker of one of the parkland property owners who will be receiving funds from the
parkland property purchase. Doesn't the inclusion and discussion of Mr. Grant's
suggested price range create a conflict of interest especially if he is the only one setting
the land value range to be validated?
RECEIVE[
MAR 9 2010
SLO CITY CLERK
pg 2
In order to demonstrate equitable and reasonable fairness to the OASP property owners,
who according to the plan must purchase said parkland and forgo the traditional "provide
your own parkland or pay an in-lieu fee" development custom, we would like to suggest
the following determinants for the parkland purchase price:
(1)Using the established precedent set in the Margarita Specific Plan where
property owners involved paid $200,000 an acre. Then adjust for current
sliding downward market conditions, deduct 50%($100,000) which equals
$100,000 per acre.
(2) Using the established precedent set in the Margarita Specific Plan where
property owners involved paid $200,000 an acre. Then adjust for current
sliding downward market conditions at an average between 25% as suggested
by the subject appraisal/survey and 50% (rate many marketers are using
today) which equals 37.5%, deduct 37:5% ($75,000) which equals
$125,000 per acre.
(3)Using the established precedent set in the Margarita Specific Plan where
property owners involved paid$200,000 an acre. Then adjust for current
sliding downward market conditions, as suggest by the subject
appraisal/survey, deduct 25% ($50,000) which equals
$150,000 per acre.
Based on(1)the current economic conditions, (2) the need for affordable housing to be
built, (3)the fact that the traditional parkland dedication and in lieu fee are foregone, we
are asking if it wouldn't be in everyone's best interest to establish a more reasonable and
current fee (option#3) with parkland cost at $150,000 per acre?
It was footnoted on page 4 of the said report/survey, dated 6-27-2008, the "The
Margarita and Orcutt areas will represent substantial additions to the development land
inventory."If the Margarita area would offer substantial additional data why wasn't the
Margarita parkland purchase price per acre discussed in the report/survey? Didn't some
of the adoptions/annexation take place before June of 2008? The Margarita parkland
price per acre seems to be the most relevant and reasonable comparison of market value
for parkland to be established today.
Thank You for consideration of our concerns.
Maddalena family, Taylor/Muick, Phyllis Imel,Jay Farrior,
Paul Fiala,Jean Anderson,Garrey Hall, Leo Evans.
cc: Michael Codron, SLO City Housing Programs Manager
ERECENVEDPeggy K
oteen � 1lj253 Via San BlasSLO,CA 93401 LERK
805.441.5897
March 1, 2010
Honorable Mayor and City Council Members: h7_-0tvo nJit!_ 6907Es Pd x/.D&AeE '
�-
I hope that the City Council will urge the California Department of Fish and Game (CDFG)to reject the
proposal to expand bear hunting in California.
I am opposed to the CDFG's proposals to expand black bear hunting that adds San Luis Obispo county to
the area where hunting of black bears can occur, that permits an unlimited number of bears killed during
hunting season, and that allows the use of high-tech global positioning (gps)equipment on hound
collars.
Lifting all numerical limits to bear hunting could,dramatically increase the number of bears killed by
hunters across California. Previously, the agency has closed bear season after 1,700 bears were reported
killed,however by lifting this "closure mechanism," the CDFG is permitting an unlimited number of
bears to be killed during hunting season.
It is terribly disturbing that CDFG is proposing to increase bear hunting at a time when there are so many
negative impacts on bear habitat.
Poaching is becoming a larger problem in CA and the proposal does not address the impacts of
poaching. Recent discoveries of black bear poaching operations in California call into question the
CDFG's recommendation to allow bear hunting. Poaching of bears has increased nationwide, fueled by
growing international market in bear parts. With the worsening of the economy,poaching could escalate.
Bears already face a host of increasing threats from poaching, habitat alteration, human encroachment
into wildlife areas, aggressive government lethal control programs, and climate change.
Hunters may claim that killing bears will reduce human conflicts with bears, however this is far from
accurate. Trophy hunters target the largest bears who may look good on a wall or as a throw rug, not the
young males who are primarily responsible for conflicts. Furthermore, hunting often takes place deep in
the woods, far from homes, while so-called"problem bears"usually live in the urban-suburban interface.
Using hunting as an aggressive and expansive lethal control of bears ignores the root cause of bear
human conflicts. Most encounters with bears are the result of irresponsible human behavior(e.g.
landowners who refuse to depose of garbage properly).
I hope that our city will urge the CDFG to reject the proposal for expansion of bear hunting in
California.
Thank you for your time,
Peg K
Onmion
Published: Tuesday,Feb. 09,2010
Editorial: No bear hunt without local hearing
We continue to have serious reservations about a proposal by the state Department of
Fish and Game to allow bear hunting in San Luis Obispo County—an idea that's been
on the table three times in the past three and a half years.
For starters,we're disappointed that the agency has so far ignored repeated requests to
schedule a local hearing.
The meeting schedule for the next few months includes hearings in Upland/Ontario,
Monterey and a teleconference in Sacramento—with our county again noticeably absent
from the list.
That strikes us as odd, since lack of a local hearing was a major point of contention last
year. There also were concerns about a lack of evidence to justify a hunt. The Fish and
.Game Commission ultimately decided against expanding the hunt to include San Luis
Obispo County last year, after staff said it needed more time to address questions and
concerns.
Interestingly, a newly released draft environmental report from Fish and Game
acknowledges the public's negative reaction to expanding the hunt to San Luis Obispo
County: "This option has recently generated public opposition and has been identified by
the Department as an area of controversy."
Why, then, would the department want to further alienate local residents by once failing
to schedule a hearing here?.Expanding bear hunting to San Luis Obispo County is going
to be a hard sell as it is—and leaving the public out of the loop makes it that much
harder.
It's true that Fish and Game has gathered more data on the local bear population, and it's
come up with what it terms a conservative estimate of the number of bears here: 1,067.
Yet we wonder, why the urgency? Why make the change at this time? As was the case
last year, we're not aware of any substantial increase in bear vs. human encounters in our
county.
For example, Caltrans—which posted bear crossing signs on the Cuesta Grade—
reports only two bear-versus-vehicle accidents on the grade between 2006 and 2008.
"Overall,we have had very few incidents along the Cuesta Grade,"a Caltrans official e-
mailed us.
Nor are there any glaring red flags in Fish and Game's draft environmental report. It
shows that the number of incidents,bear depredation permits and depredation removals
have been holding steady at only one or two per year.
It's always been our position that a hunt should be authorized based on scientific
evidence that the population is growing at a rate that jeopardizes the health of the animals
and/or is posing a danger to residents.
We still aren't convinced the evidence is there—but we welcome Fish and Game
officials to come here and make their case before San Luis Obispo County residents.
We strongly urge the commission to schedule a local hearing before it votes on whether
to allow bear hunting in our county.
November 27,2009
Doug Updike,Environmental Program Manager
Wildlife Branch
California Department of Fish and Game
1812 9th Street
Sacramento, CA 95811
RE: Scoping Comments on 2010 Changes to Mammal Hunting Regulations
Dear Mr. Updike:
We are writing today in response to the California Department of Fish&Game's
("the Department") news release dated November 2,2009.According to the release,the
Department is soliciting public comment regarding changes to the mammal hunting
regulations for 2010,and will incorporate these comments into a draft Environmental
Impact Report("EIR' to be released on February 4, 2010 followed by certification of the
EIR in April 2010.
Los Padres ForestWatch is a local, independent non-profit organization working to
protect wildlife and wild places in the Los Padres National Forest,the Carrizo Plain
National Monument,and other public lands along California's central coast Our work is
supported by more than 800 outdoor enthusiasts,hikers,mountain bikers,horseback
riders,hunters,anglers,ranchers,scientists,educators,business leaders,and others
throughout the Central Coast region and the state who share our conservation mission.
ForestWatch participated in the Department's proposal earlier this year to expand bear
hunting into San Luis Obispo County.We remain concerned about the lack of accurate
.population studies for black bears in the Central Coast region,and we respectfully submit
the following recommendations for the Department's mammal hunting regulations for
2010.
We are pleased that the Department has decided to prepare a full EIR for this
proposal.As you know,the preparation of an EIR is governed by the California
Environmental Quality Act ("CEQA").The EIR process begins with a process known as
"scoping,"wherein the lead agency determines the proper scope of an EIR by consulting
with other agencies and the public.See Pub. Res. Code§ 21080.4(a); CEQA Guidelines§
15082.
As part of this "scoping"process,once a lead agency decides to prepare an EIR,it
must immediately prepare a Notice of Preparation ("NOP") and publish that NOP to the
Office of Planning and Research. CEQA Guidelines § 15082(a). Please consider this letter to
be our written request to receive the NOP and other CEQA notices and documents
(including the draft and final EIR),pursuant to Pub. Res. Code §21092.We would prefer to
receive such notices via email at<info@ PFW.org>. Please notify us of any additional
• Post Office Box 831 • Santa BArbara.CA 93102 . 805-617-4610 • ww•w•.LPFW.org -
l
I
procedures that we must follow to receive such.notices in the future,as we would like to
continue to provide our comments and recommendations to the.Department on this
matter.
Once we receive the NOP,we will be able to provide the Department with more
specific recommendations and suggested alternatives. In the meantime,we respectfully
submit the following recommendations for possible changes to the Department's 2010
mammal hunting regulations:
1. The Department Should Not Allow Bear Hunting in San Luis Obispo County
For the reasons outlined in our April 16, 2009 letter to the Commission,we strongly
believe that black bear hunting should not be allowed in-San Luis Obispo County.To our
knowledge,adequate survey and baseline data still does not exist for black bear
populations in San Luis Obispo County. Because of this lack of data,we continue to believe
that any proposed regulatory changes to allow black bear hunting in San Luis Obispo
County are premature.
Recommendation:Do not amend the Department's mammal hunting regulations to
allow hunting of black bears in San Luis Obispo County.
2. The Department Should Schedule a Public Hearing on the Matter in San Luis
Obispo to Solicit Input from Local Residents
When the Department proposed allowing bear hunting in San Luis Obispo County in
February 2009,many county residents (including three County supervisors and the
editorial board of the County's largest daily newspaper) urged the Department to conduct a
public hearing on the matter in San Luis Obispo.Despite these requests,the Department
continued to hold meetings at a location more than 200 miles away from San Luis Obispo,
creating an extreme hardship for most county residents to attend the hearing and provide
testimony to the Commission.
If the Department decides to move forward with the proposal to allow bear hunting
in San Luis Obispo County,it seems fair to request that the Department schedule a public
hearing on the matter in San Luis Obispo to solicit input from local residents.We believe
that the Department should make an extra effort to include those citizens who are most
affected by this issue,particularly since this proposal would affect a discrete.geographic
area.San Luis Obispo County residents have a unique perspective on this issue,and the
demand to schedule such a meeting in San Luis Obispo is high.We would be happy to assist
the Department in locating a suitable location for this meeting.
Recommendation:If the Department proposes to allow bear hunting in San Luis
Obispo County, it should schedule a public hearing on the matter in San Luis Obispo to solicit
inputfrom local residents.
2
i
3. The Department Should Consider Reducing the Number of Bears Allowed to
Be Taken Each Year Statewide,and Should Improve the Method of Notifying
Hunters that the Season is Closed
The Department's regulations currently provide for the closure of bear season
"when the department determines that 1,700 bears have been taken pursuant to the
reporting requirement in section 708(e).The departmentshall notify the commission,the
public via the news media and bear tag holders via the U.S. mail and the news media when
implementing this closure."Section 708(e) requires hunters who have killed a bear to
"immediately"return their bear tag to the Department.
Despite these regulations,the number of bears killed each year for the last three
years has significantly exceeded this 1,700 threshold.Specifically, 1,822 bears were
reported taken in 2006, 1,861 bears were reported taken in 2007,and 2,028 bears were
reported taken in 2008.The Department attributes the difference between the 1,700
threshold and the actual number of bears killed to the"lag time"between when the
Department receives notice of the 1,700th bear killed,and when hunters receive the
Department's written notification that the bear season is closed.
Due to this large discrepancy(particularly in 2008), it seems reasonable to request
that the Department explore alternative approaches that more effectively and efficiently
notify hunters of the closure.Such regulatory amendments may include placing the burden
on hunters to take affirmative steps to inquire about the status of bear season,requiring
hunters to"pre-validate"their tags at Department offices before entering the field,
lowering the notification threshold,or limiting the number of bear tags issued per year.
Many other states already have these simple measures in place. For example, in
Arkansas,hunters must call an 800 number the evening before hunting the next day to
inquire whether the quota has been reached.Amending the state's mammal hunting
regulations to include a similar requirement seems reasonable.
We also believe that the requirement to "immediately" return a bear tag to the
Department could be made more clear,thus reducing the amount of"lag time" between
when the 1,700th bear is killed and when the-season is officially closed. For example,the
regulations should specify that hunters are to return their bear tags"immediately,and
within 24 hours of,taking a bear."
Making the notification process more efficient is particularly important given the
reduced hours of operation of Department offices pursuant to the statewide fiirlough order.
If Department offices are closed three Fridays of each month,this increases the likelihood
that bear hunting season will not be closed when that 1,700 threshold is reached. If,for
example,that threshold is reached on a Friday,the public would not be notified until at
least the following Monday that the season is closed -allowing an additional three days of
take beyond the legal limit.
3
Recommendation:Consider regulatory changes to improve the method of notifying the
public that bear season is closed. Consider reducing the number of bears that trigger the
season closure notification.
4. The Department Should Track the Total Number of Bears Killed Per Year by
All Causes,Including Legal Hunting,Poaching, Depredation Permits,Vehicle
Strikes,Wildlife Management Activities,and Other Activities
The number of bears killed in California varies widely from year to year,partly
because hunting is not the only source of bear mortality. In addition to legal hunting,bears
are also killed by illegal poaching,depredation,vehicle strikes,wildlife management
activities,and other causes.We believe that the Department should place a cumulative limit
on the total number of bears that can be killed each year.This limit should be set at a level
that sustains the state's bear population.
For example,the New Mexico Department.of Game and Fish establishes a"Total
Sustainable Harvest Limit"that includes bear mortality caused by hunting,depredation,
roadkill,and other causes.The hunting season closes once this cumulative Total
Sustainable Harvest Limit is reached,allowing wildlife managers to more accurately and
sustainably control the number of bears taken per year.See
httl2:/Jwww wildlife state nm us/recreationJhunting/harvest/documents/bear harvest in
fohtm .
In California,on the other hand,the bear season closure mechanism is only based on
the number of bears harvested by legal hunting.This could result in a cumulative take of
black bears that exceeds sustainable levels if,for example,there are an unusual number of
bears killed by vehicle strikes,depredation, or other causes in a given year.
Recommendation:Establish a "Total Sustainable Harvest Limit"that closes the
hunting season based on the cumulative number of bears taken by hunting, depredation,
vehicle strikes, wildlife management activities, and other causes.
5. The Department Should Establish Bear Management Units and Limit the
Amount of Take in Each BMU
Many states that allow bear hunting have established Bear Management Units
("BMUs") that divide a particular state up into discrete units based on a variety of factors.
Typically, different hunting season and take limits are established for each BMU.
We believe that the Department should consider establishing several BMUs for
California.The Department's Black Bear Management Plan states that"differences in
vegetation,water availability, and bear density,allow biologists to differentiate three
regional 'subpopulations' of black bears in California—North Coast/Cascade,Sierra,and
4
Central Western/Southwestern.See BBMP at 7.The Department should consider
establishing three BMUs based on these distinct subpopulations.
Establishing a Central Western/Southwestern BMU is particularly important due to
the small number of bears in this region.The Department's bear management plan
estimates that"less than 10 percent of the statewide black bear population inhabits the
Central Western/Southwestern California bioregion." Due to their limited population in
this region,black bears are more susceptible to overharvesting.Establishing a BMU for this
bioregion along with specific take limits would allow the Department to manage bear
populations more sustainably in this region.
Recommendation:Establish three or more Bear Management Units in California, and
establish specific take limits for each BMU based on differences in bear density, habitat
quality, and otherfactors.
6. The Department Should Increase the Number of Wardens and Implement
Other Measures to Reduce Poaching
The Department's Black Bear Management Plan ("BBMP") includes several
recommendations to address poaching and law enforcement,including: "If current
regulations are found to be ineffective in preventing significant impacts to California's
black bear resources,regulation changes should be considered to make these regulations
more effective."See BBMP Section 3.6.
The Department recently estimated that illegal take of bears by poachers is
estimated at approximately 25% of legal harvest. For 2008,when 2,028 bears were legally
killed,that equates to an additional 507 bears killed by poachers. Several sources have
noted that poaching is on the rise in California.At the same time,California has one of the
lowest per capita rates of wardens in the country.
Our state's wardens do an excellent job.with the resources they have,but they
simply need more resources.The Department should consider increasing the number of
wardens in the state and other measures to reduce poaching rates.
Recommendation: Consider increasing the number of wardens and implementing
other measures to reduce poaching rates throughout the state.
7. Consider Closing Bear Hunting in Santa Barbara and Ventura Counties to
Allow Bear Populations to Rebound From Large Wildfires
Since 2006,several large wildfires have burned hundreds of thousands of acres of
black bear habitat in Santa Barbara and Ventura Counties.These fires and their acreage
burned include:
5
2006 Perkins Fire Santa Barbara County 15,043 acres
2006 Day Fire Ventura County 162,702 acres
2007 Zaca Fire Santa Barbara &Ventura 240,207 acres
2008 Gap Fire Santa Barbara County 9,443 acres
2008 Tea Fire Santa Barbara County 1,940 acres
2009 Jesusita Fire Santa Barbara County 8,733 acres
Altogether,these wildfires affected more than 438,000 acres of black bear habitat in
a relatively small geographic area.Because so much black bear habitat was modified by
these fires,it seems prudent to institute a temporary closure to allow biologists time to
assess the current state of the black bear population in these two counties.
. Recommendation:Institute a temporary closure on black bear hunting in Santa
Barbara and Ventura counties to assess the impacts of massive wildfires on black bear
distribution and abundance.
Please contact us if you would like to discuss any of these recommendations in more
detail.We look forward to receiving copies of the Department's NOP and draft E1R and
providing more substantive comments at that time.Thank you for your consideration of
these recommendations.
Sincerely,
/s/
Jeff Kuyper
Executive Director
6
COUNCIL- - Er'CDD DIR
CI" 4f6/2 L?-FIN DIR
- ��Q9"_c'tM6C@ FIRE CHIEF
From: Glen Matteson [mailto:glenamat@hotmail.com] O��ORNEY O'PW DIR
Sent: Tuesday, March 02, 2010 12:33 PM I CLERIVORIG POLICE CHF
To: Cano, Elaina 0 DEPT HEADS CTREC DIR
Cc: Mandeville, Peggy; Codron, Michael C'QTIL DIR
Subject: Council meeting tonight- OASP
C,Ou tic L.
March 2, 2010 IM6,t--
�L-e2lC
Subject: Orcutt Area Specific Plan Bicycle and pedestrian bridge over
railroad
Mayor & Council members
Your staff, Bicycle Advisory Committee (BAC), and Planning Commission have all
recommended that the Orcutt Area Specific Plan (GASP) include a grade-separated
bicycle and pedestrian crossing of the railroad at Industrial Way. This important
feature, shown for many years in the City's Bicycle Transportation Plan, would link
the proposed new neighborhood with commercial and employment centers and the
Damon-Garcia Sports Fields along Broad Street, as well as with commercial,
educational, and recreational sites farther west. This connection would make it much
easier for walkers and cyclists of all ages and abilities to avoid using motor vehicles
and to avoid traveling along busy streets by indirect routes. The proposed crossing is
supported by several policies in our General Plan's Land Use Element and Circulation
Element.
This crossing would not need to be built with the initial phases of development,
which are likely to be along the northern segment of Orcutt Road and near Tank
Farm Road. First development of newly annexed parts of the OASP is likely to be
several years away. Build-out will be many years beyond that. Funds to build the
crossing can be accumulated over many years and from multiple sources. And, once
completed, the overall neighborhood pattern and major facilities (or of lack of them)
will be part of this community for generations.
The OASP landowners will benefit from the many investments the community has
already made in the railroad trail, Orcutt Road (and its recent widening), Tank Farm
Road (including its major railroad undercrossing), and Broad Street, as well as the
parks, schools, and utilities that give their land value. While.a City contribution to the
cost of the new crossing may be justified by usage from those living or working
outside the GASP, the OASP owners have a responsibility for the major share.
Don't be put off by illustrations showing an enlarged version of the Jennifer Street
bridge digitally inserted at the Industrial Way location. By the time a bridge is
actually designed and built, innovations such as use of composites may produce a
structure that is structurally and visually lighter, and less expensive to fabricate and
install.
Thank you for considering these points as you take another step in bringing this long
planing process to a conclusion.
Glen Matteson, Chair
RECEIVED RED FILE
Bicycle Advisory Committee --- MEETING AGENDA
MAR 2 2010 DA a 10 ITEM # Pfl a
SLO CITY CLERK
March 1, 2010
RED FILE
MEETING AGENDA
San Luis Obispo City Council Members DA e? /o ITEM # nN�
990 Palm Street
San Luis Obispo, CA
Dear Council Members,
Regarding: Orcutt Area Specific Plan (GASP) Fees (8.3.3 Specific Plan and EIR Fee):
This paragraph(8.3.3 Specific Plan and EIR Fee) states that the City and certain land
owners will be reimbursed $500,000 for preparation costs, with costs will be shared
equally by all owners.
We are requesting a detailed breakdown of the $500,000 payment distribution.
The explanation given in 8.3.3 does not disclose who is getting paid and what amount
they are receiving, nor what services they rendered.
Asking us to reimburse $4,413 per acre per homeowner warrants an itemized cost
breakdown. It seems reasonable to want to know where the money is going.
As you are aware, we will not consider participating in the reimbursement of any
expenses incurred or authorized by other property owners within the specific plan area.
Thank You.
�SZA COP �/�7iF'!L
Maddalena family L--COUNCiL 9-CDD DIR
Taylor/Muick ff eft C4N Mae. Q'FIN DIR
Phyllis Imel "Pwe-0-FIRE CHIEF
FTTORNEY Q'PW DIR
Paul Fiala
Jay Fiala CLERK/ORiG In-POLICE CHF
❑ DEPT HEADS a-REC DIR
Jean Anderson I?`-elm O'UTIL DIR
' 6' p 151RGamey Hall
Leo Evans
�cr�r.ir'teR.-
cc: Michael Codron �C
SLO City Housing Programs Manager
RECEIVED
QED
MAR 12010
SLO CITY CLERK
e
_ k9w Copy larlta2L
March 1,2010 COUNCIL 2TDD Di-.
rAQA0A2TOe f#"-aFIRE CHV
❑'ATTORNEY p'PW DIA
San Luis Obispo City Council Members ZCLERK/ORIO C'I'POLICE CHF_ .
DE T Hi A06 Zrl`3E6 DIR
990 Palm Street rJ-
San Luis Obispo, CA `fie—"' .� C�HRIb R_.
i new UOUCW.4.
Dear Council Members, �&T'+Awe,
This correspondence is in regards to the Orcutt Area Specific Plan (OASP), specifically
the Bicycle Pedestrian Bridge over RR at Industrial Way& Fee.`
Our position regarding the bike/pedestrian RR overpass has remained consistent. We
fundamentally disagree with the construction of the bike/pedestrian bridge and its
inclusion in this project. We request that it be removed.
The proposed bridge is a special project initiated by the bicycle committee and has been
cause of many discussions relating primarily to three concerns:
• size and necessity
• cost
• safety.
Per Policy's 5.Ld and 5.Lf, the City has determined that funding sources other than
OASP development will be needed to pay for the bridge and that the City will,help
develop additional funding sources. Is the bike/pedestrian bridge in conflict:With OASP
goal 2.4.1: "Minimize impacts to public views from scenic roadways"? A bike path is a
roadway for bikes and the scene from the bike trail in either direction or from Industrial
Way will be minimized by the unnatural dominating bridge structure. Besides:detracting
from the funding resources of the OASP,the bridge will also lessen the sense of
neighborhood community. It may be better to build more houses and fewer bridges.
Concerns regarding Size and Necessity: The RR bike/pedestrian bridge is proposed to
be built between two other bike/pedestrian accesses, one at the Laurel/Orcutt RR crossing
and the Tank Farm Road overpass. The distance between the Laurel/Orcutt Rd RR
crossing and the Tank Farm Rd overpass is almost 1 mile (approx 250 ft short of a mile).
As proposed, that means the RR bike/pedestrian bridge at Industrial Way, will be
located 2/3 of a mile (approx 3,400 ft) from the Laurel/Orcutt Rd crossing and the
remaining 1/3 of a mile (approx 1,700 ft) from the Tank Farm Rd overpass access.
Is there a need for three, more-than-sufficient, bike/pedestrian RR crossings within 1
mile?
Concerns regarding cost: Regardless who pays, all dollars put into this bridge are being
channeled away from the real need and purpose of the OASP...providing the best quality
affordable housing possible.
RED FILE RECEIVED
MEETING AGENDA MAR 1 2010
DA v I ITEM # Pka
SLO CITY CLERK
r
pg 2
Concerns reeardine Safety: The proposed.bridge is adjacent to commercial and
industrial uses and therefore_is not a healthy link for children to utilize. In our opinion it
is providing an isolated pedestrian linkage to incompatible land uses. The bridge will
provide linkage for possible after dark activities/encroachments into the OASP
neighborhoods.
As we wrote before, we do not want our names included in the promotion,
organization, creation or construction of this bridge. We think it is a liability in waiting
as it is an inviting isolated area for Friday/Saturday night Cal Poly students who are at
Graduate, for unsupervised children, for graffiti opportunities, and in general, it creates
need of continuous maintenance and added difficulty for police and fire concerns.
The proposed bike/pedestrian bridge is too tall (trains have to travel underneath), plus too
narrow and too steep for 60% of the population to enjoy. It will visually dominate the
skyline. Orcutt residents will not rush to use this bridge, in fact just the opposite will
probably happen, as parents warn their children to not cross over it because they are
concerned about the bridge itself and the isolation of the area between it and the entrance
to the shopping center. Given the constrained economic times, it has seems unreasonable
to spend millions to build a bridge/overpass to accommodate so few when such funds
could be appropriately allocated towards increased quality of the housing developments
within the Orcutt Area.
Thank You the consideration of our request.
Maddalena family
Taylor/Muick
Phyllis Imel
Jay Farrior
Paul Fiala
Jean Anderson
Gamey Hall
Leo Evans
cc: Michael Codron
SLO City Housing Programs Manager
I I
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council mcmoRAnbum
city ofF san luis osLspa community aEVElopment aepautment
C- COUNCIL ADD DIR
DATE: February 26, 2010 , 0 eA0 4r"ina 2 [j FIN DIR
2YAFAe~ctMfisc aTIRE CHIEF
Ca'ATTORNEY a?W DIR
TO: City Council CTLERK/ORIG 2-POLICE CHF
❑ DEPT HEADS aIREC DIR
VIA: Katie Lichtig, City Manager J' 2-GTIL DIR
mtBkA
2--HR D
FROM: John Mandeville, Community Development Director
BY: Michael Codron, Housing Programs Manager '_V4•r►j ml&t�
/C Lvz'jC_
SUBJECT: Orcutt Area Specific Plan (GASP)Updates
Attached are updates to Chapter 6 and Appendix C of the OASP relating to water supply,
wastewater facilities and storm water management.
These updates were made during the review of the Draft EIR, and Public Hearing Draft of the
OASP. However,they were inadvertently omitted from the final draft of the plan.
6.1 Water Supply
These text changes address the use of recycled water supply in the Orcutt Area and eliminate a
statement relating to additional water supply sources. Current water supply sources are sufficient
to serve build-out of the Orcutt Area.
6.2 Wastewater Facilities
These text changes reflect the completion of the Tank Farm Lift Station project. References to
potential capacity limitations with respect to the wastewater collection system have been
eliminated.
Appendix C
Best practices for stormwater management, including Low-Impact Development (LID) practices,
are discussed in Section 6.3 (beginning on Page 6-2) of the OASP. However, the mitigation
measures included in the Final EIR include additional specific information that will be helpful to
some users of the OASP document. Staff recommends adding these mitigation measures to
Appendix C to serve as a quick reference.
Staff is recommending that the City Council include these changes in any action taken to
approve the OASP. RED FILE RECEIVED e I� /CC D
R ClC C C V
MEETING AGENDA MAR 12010
DATE3�Ito ITEM # 2_- SLO CITY CLERK
G:\CD-PLAN\MCODRON\Planning\OASP\staf mports(08)\0ASP(Ch.6update)memo.doc
OASP Updates to Chapter._ mid Appendix C -- 2/26/2010
6.1 WATER SUPPLY(Page 6-1)
Currently, water to the majority of properties in the Orcutt Area is provided by wells on the individual
properties. Several properties near the intersection of Orcutt Road and Johnson Avenue and fronting on
Bullock Lane are already served by City water lines. New 12-inch diameter public water mains will be
constructed along the proposed residential collectors, "A", `B", "C", and "D" Streets. These lines will
connect to the 8-inch and 12-inch water mains along Bullock Lane, Orcutt Road, and Tank Farm Road to
provide a looped water supply (Figure 6.1). Water for the Righetti Ranch home open space area will be
provided by a connection to the existing water line in Tank Farm Road. Pressure regulating valves or
other appurtenances may be needed as a part of the required water system improvements to be certain that
the new area interacts properly with the existing water system.
Based on the proposed units of residential and commercial development and the City's water-use factors,
proposed development in the Orcutt Area is anticipated to require approximately 220 acre-feet per year of
potable water for residential and commercial uses (including private landscaping). An additional
estimated 30 to 40 acre-feet of water would be used for landscaping for common outdoor areas in the
multi-family residential developments and for commercial and public landscapes such as the
Neighborhood Park and linear park. Consistent with the City's 2007 Water Reuse Master Plan, tThese
areas will est utilize reclaimed recycled water. Any irrigation needed to establish or maintain
vegetation in the storm water detention and riparian enhancement areas will be required to use recycled
water.
Potable water for the Orcutt Plan Area will be supplied from the City's multi-source water sUply;ie-th
designated.eK4s6ag City supply and new Gity supply &am wa4er- pr-ejeets as may be The new
development will incorporate water conservation features such as low-flow faucets and showerheads,
drought-tolerant landscaping, and drip irrigation systems. Non-potable water for public landscaping will
be provided through the City's recycled water distribution system.Point of connection
to the City's water reuse system and location of the reclaimed water main in the Orcutt Area are shown in
Figure 6.1. The new development will also utilize a dual-water system to allow use of City recycled
water for public landscaping in the parks, landscaped buffers,the community commercial mixed use area,
and common outdoor areas in the multi-family residential areas. Commercial mixed use and multi-family
development projects will include reclaimed water irrigation systems in their landscaping plans. The
initial phase ef development may be eeas#ueted using a eembin-Atien A4 rvelaim_ed A�ef,and well%%4er--
City water-supply pr-9jeets.
Special care shall be given to all development plans,especially when recycled water will be implemented
in phases or in conjunction with the use of well water, to ensure that all regulations regarding the use of
recycled water are met and maintained. One of these regulations prohibits the use of recycled water
within 50 feet of anyop table well.
The City's goals to maximize the use of recycled water may result in requirements to install recycled
water mains beyond the limits shown in Figure 6.1. Such recycled water main extensions may be eligible
for reimbursement by the City and/or future development in the area, when the extensions are required to
be installed beyond that needed to serve the proposed development.
1
^� Y
OASP Updates to Chapter',- _.id Appendix C 2/26/2010
6.2 WASTEWATER FACILITIES(Page 6.2)
Individual septic tanks currently provide wastewater treatment for the majority of properties in the Orcutt
Area. Was4ewmer- ftem the afea seveFed by this speeifie plan will be e8fiveyed te a How sewer-th
*1411 eff-A-55 i—mider- sahe a-ilr-e-ed- -at la"stFial Way. WasteweAer- A411 then be eenveyed de'A% Indus
Way to a new " . See Figure 6.2 for existing and proposed sewer service lines
in the Orcutt Area.The proposed alignment.
Eity in erderto avoids a new railroad crossing, however, if it cannot be demonstrated that adequate
capacity is available in existing sewer mains near the Orcutt Area an alternative configuration would
be considered by the City. The completed development will generate an estimated 149,000 gallons/day
of wastewater from the residential area and 2,000 to 3,200 gallons/day from the mixed-use area. This
estimate is based on the City's standard wastewater generation rate of 190 and 120 gallons per day/unit
for single-family and multi-family residential uses, respectively and 0.20 gallons per day/square foot of
commercial space. The City's wastewater treatment plant is nearing capacity, and planning has begun
on an upgrade project that will meet the needs of General Plan build-out. It is expected that the
capacity improvements will be in place prior to any demand for that additional capacity. Depeading
en the timing of needed impmvam emts ml Ative to the paee of develepmeRt and eenstmetien in the
dAMA4;d t4;1;4 li*euld emeeed available eapaoity a4 the wastewater- veatment plafAi , building pefmits
2040-The cost of providing the additional capacity will be incorporated into the City's Wastewater
Impact Fee structure. A pre-annexation agreement will establish criteria for when any existing
buildings will be required to connect to the sewer system and pay the associated Wastewater Impact
Fee.
New Text for Appendix C (to be inserted on Page C-11)
D-5(a) Biofilters.The applicant-shall submit to the Director of
Community Development for review and approval a plan that
incorporates grassed swales (biofilters) into the project drainage
system where feasible for runoff conveyance and filtering of
pollutants.A preferred alternative to concrete drainage swales to
transport the runoff to roadside ditches,these swales shall be
lined with grass or appropriate vegetation to encourage the
biofiltration of sediment,phosphorus,trace metals,and petroleum
from runoff prior to discharge into the formal drainage network.
General design guidelines relevant to optimizing the pollutant
removal mechanisms of grassed swales are: 1) a dense,uniform
growth of fine-stemmed herbaceous plants for optimal filtering of
pollutants;2)vegetation that is tolerant to the water,
climatological,and soil conditions of the project site is preferred;
3) grassed swales that max;rn;ze water contact with the vegetation
and soil surface have the potential to substantially improve
removal rates,particularly of soluble pollutants;and 4) pollutant
removal efficiency is increased as the flow path length is
increased.General maintenance guidelines for biofilters are
discussed in Mitigation Measure D-5(b).
2
OASP Updates to Chapter.__id Appendix C 2/26/2010
A Best Management Practice (BMP) filter device shall be installed
to intercept water flowing off of proposed parking lot and
roadway surfaces.Water quality BMPs shall be those identified in
the California Stormwater Quality associations BMP handbook.
Whenever feasible,the preferred approach to treating surface
runoff will be the use of drainage swales rather than mechanical
devices. The chosen method for treating runoff shall be a proven
and documented pollution prevention technology device that
removes oil and sediment from stormwater runoff,and retains the
contaminants for safe and easy removal. The chosen device shall
possess design features to prevent resuspension of previously
collected contaminants and materials,and contain a built-in
diversion structure to divert intense runoff events and prevent
scouring of the previously collected sediments.The filter devices
shall be designed and sized to treat the run off from the first 25
mm(1 inch) of rainfall.The storm water quality system must be
reviewed and approved by the City Director of Public Works.
D-5(b) SWPPP Maintenance Guidelines.Prior to issuance of the first
grading permit or approval of improvement plans,the applicant
shall submit to the Director of Community Development and
Director of Public Works for review and approval a long-term
storm water pollution prevention plan (SWPPP) to protect storm
water quality after the construction period.The SWPPP shall
include the following additional BMPs to protect storm water
quality:
• Proper maintenance of parking lots and other paved areas can
eliminate the majority of litter and debris washing into storm
drains and thus entering local waterways. Regular sweeping is
a simple and effective BMP aimed at reducing the amount of
litter in storm drain inlets (to prevent clogging) and public
waterways (for water quality).The project applicant shall
enter into an agreement with the City of San Luis Obispo to
ensure this maintenance is completed prior to approval of
improvement plans or final maps.
• Proper maintenance of biofilters is essential to maintain
functionality.The maintenance of biofilters on the project site
will be the responsibility of a homeowners association for the
proposed project:Biofilter maintenance would include: 1)
Regular mowing to promote growth and increase density and
pollutant uptake (vegetative height should be no more than 8
inches,cuttings must be promptly removed and properly
disposed of);2) Removal of sediments during summer months
when they build up to 6 inches at any spot,cover biofilter
vegetation,or otherwise interfere with biofilter operation;and
3
OASP Updates to Chapter t,__,d Appendix C 2/26/2010
3) Reseeding of biofilters as necessary,whenever maintenance
or natural processes create bare spots.
• Proper maintenance of detention basins is necessary to ensure
their effectiveness at preventing downstream drainage
problems and promoting water quality. Necessary detention
basin maintenance includes: 1) regular inspection during the
wet season for sediment buildup and clogging of inlets and
outlets;2)regular(approximately every 2-3 years)removal of
basin sediment;and 3)if an open detention basin is used,
mowing and maintenance of basin vegetation(replant or
reseed) as necessary to control erosion.A maintenance plan
must be developed and provided along with the design
documents.Long-term detention basin maintenance plans
must clearly delineate and assign maintenance and monitoring
responsibilities for local and regional detention basins.
Maintenance reports shall be submitted annually to City's
Public Works Department.
• For basins greater than 5,000 ml(4 ac-ft) storage (i.e. the Upper
Fork regional detention basin),vehicular access for
maintenance of the basin and outlet works,removal of
sediment,and removal of floating objects during all weather
conditions must be provided. An access road must be
provided to the basin floor of all detention facilities.This road
must have a minimum width of 3.7 m(12 ft) and a maximum
grade of 20%.Turnarounds at the control structure and the
bottom of the basin must have a 12-m(40-ft) minimum outside
turning radius.
• The applicant shall prepare informational literature and
guidance on residential BMPs to minim;ze pollutant
contributions from the proposed development.This
information shall be distributed to all residences at the project
site.At a minimum the information should cover: 1) general
information on biofilters.and detention basins for residents
concerning their purpose and importance of keeping them free
of yard cuttings and leaf litter;2) proper disposal of household
and commercial chemicals;3) proper use of landscaping
chemicals;4)clean-up and appropriate disposal of yard
cuttings and leaf litter;and 5) prohibition of any washing and
dumping of materials and chemicals into storm drains.
• The stormwater BMP devices shall be inspected,cleaned and
maintained in accordance with the manufacturer's
maintenance specifications.The devices shall be cleaned prior
to the onset of the rainy season (i.e. November 1st) and
4
OASP Updates to Chapter L _Ad Appendix C 2/26/2010
immediately after the end of the rainy season(i.e. May 1st). All
devices will be checked after major storm events.The results
of the inspection and maintenance report shall be submitted to
the City of San Luis Obispo Public Works Department.
D-5(c) Pervious Paving Material.Consistent with Land Use Element
Policy 6.4.7,the applicant shall be encouraged to use pervious
paving material to facilitate rainwater percolation Parking lots
and paved outdoor storage areas shall,where feasible,use
pervious paving to reduce surface water runoff and aid in
groundwater recharge.
D-5(d) Low Impact Development Practices. In addition to the low
impact development(LID) practices described in the above
measures,the.Specific Plan shall incorporate the following as
requirements of future development within the area,to the extent
appropriate for type and location of development:
• Reduced and disconnected impervious surfaces
• Preservation of native vegetation where feasible
• Use of tree boxes to capture and infiltrate street runoff
• Roof leader flows shall be directed to planter boxes and other
vegetated areas
• Soil amendments shall be utilized in landscaped areas to
improve infiltration rates of clay soils.
• Incorporate rain gardens into landscape design
These LID practices shall be utilized wherever feasible and
appropriate to ensure that the pre-development stormwater
runoff volume and pre-development peak runoff discharge rate
are maintained,and that the flow frequency and duration of post-
development conditions are identical(to the extent feasible) to
those of pre-development conditions. LID practices are subject to
the review and approval of the Regional Water Quality Control
Board,as part of the City's National Pollution Discharge
Elimination System Permit compliance.
5
SIERRA RECEIVED
FEB 2 4 2010 Santa Lucia Chapter
CLUB P:O . Box 15755
SLO CITY CLERK San Luis Obispo, CA 93406
FOUNDED 1892 (805)543-8717
www.santalucia.sierraclub.org
February 23, 2010
To: San Luis Obispo City Council
Re: 3/2/10 Council meeting, Item PH2: Adoption of Orcutt Area Specific Plan and FEIR
Honorable Councilmembers,
On reviewing the EIR for the Orcutt Area Specific Plan, we note in 10.0 Responses to
Comments the statement that the Class I cumulative impact represented by the conversion
of 7.4 acres of.ag land outside the Urban Reserve Line and will be reduced to a less than
significant level by the inclusion of open space within the URL near Righetti Hill (FEIR 10-90).
This statement was made in response to a March 25, 2008, letter from County Agricultural
Resource Specialist Michael Isensee. This FEIR's response is incorrect. It would not conform
with the provisions of the California Environmental Quality Act to designate the protection
of open space land as mitigation for the loss of prime ag soils. Even if this were permissible,
the proposed Righetti Hill open space area, as Mr. Isensee points out, "consists of lower
quality soils capable of supporting limited grazing uses." The gain in open space land by
expanding the URL near Righetti Hill will do nothing to mitigate the loss of prime farmland.
We agree with the County Department of Agriculture's assessment of cumulative impacts,
in that even if the City were to protect "equivalent or better farmland" -which is not what
the City is proposing to do to offset impacts from the loss of prime farmland outside the URL
- "such mitigation is only partial and the significant cumulative impact remains significant
and unavoidable." We note further that approval of a Specific Plan in which protection is
afforded to lower quality soils as a means of reducing impacts to prime farmland to a less
than significant level.,would set a precedent that could result in the City eventually losing all
of its prime farmland and farmland of statewide importance to development.
In sum, the proposed conversion of 7.4 acres of prime farmland outside the URL represents a
significant cumulative impact, the addition of open space land at Righetti Hill will not
reduce this impact to a less than significant level, and the action as proposed remains an
unmitigated Class 1 impact. The FEIR is in error in its statements to the contrary. If the Council
adopts the OASP and Final Environmental Impact Report without mitigating or avoiding this
impact, the City will be out of conformity with CEQA. Therefore, we urge you to adopt
"Alternative 3: Mitigated project," which avoids development outside the current URL and
the significant cumulative impacts to San Luis Obsipo's farmland this would entail.
Sincerely, _- 6fA92 spy
G%COUNCIL 0`CDD DIR
Lam?e*8 G &1C,c p'FIN DIR
RED FILE I aAGAeftrer1AWC-OTIRE CHIEF
MEETING AGENDA OwTORNEY p'PW DIR
Andrew Christie �'CLERK/ORIG ErPOLICE CHF
Chapter Director DAT4* ITEM #Pl+a !' 0_ DEPT HEADS L-3'REC DIR
C1'UTIL DIA
DiR DIR
� 1�.�W TiMtS �COCe.NGL -
�PirrY M6�
RED FILE
MEETING AGENDA Barbara Parsons ---- ---
4650 Portola Rd., Atascadero, CA. 93422 '?coUNCIL L'CDD DIR
DA's ITEM #�� Telephoner (805) 466-9457 i' ��411f6W2 C�'FIN DIR
3`A0AeA6rc1"4w& 271RE CHIEF
ErATTORNEY B PW DIR
1
13tLEKORIGZ-POLICE CHF
February 18, 2010 ? l DEPT HEADS M-REC DIR
r-i
I UTIL DiR
M-P4F#OR
Honorable Mayor Dave Romero and Members of the City Council dof-L&Ac ti
City of San Luis Obispo c t" Mcg
990 Palm Street zcNa<
San Luis Obispo, CA. 93401
Re: Orcutt Area Specific Plan & EIR (Approval Process) —3/2/10 Agenda
Dear Mayor Romero and Council Members:
On March 2, 2010, you will begin to review the recommendations and comments City
Planning Staff has provided you in regard to the approval process of the Orcutt Area Specific
Plan and related Environmental Impact Report. During the last two years, we have proceeded
through all the various Planning Commission hearings as well as sub-committee hearings with
their recommendations and comments being a matter of record. We feel that we have reached a
milestone and are hopeful of your support and approval, during this period.
The Specific Plan process has been a long one, much longer than most of us would like
to admit. It all began in 1997, for a period of over 12 years, which included many meetings with
our planners, City Staff and all property owners. The first Specific Plan was filed with the City on
October 26, 1998, subsequently, there have been many iterations and revisions filed since that
original date. During this time many concessions had to be made along the way in order to
prepare a Specific Plan that would be acceptable to the majority of property owners. With
multiple property owners involved there have been disagreements along the way, which on
occasion put the entire Specific Plan in jeopardy. Of the 13 land owners involved in the area,
the following four are the participating applicant property owners, in addition to myself; Mr. Phil
Gray and family; Mr. Chuck Pratt and family; and Dr. & Mrs. Ernest Jones. Participating property
owners represent 76.47% of the acreage involved.
The OASP consists of 230.85 acres, which includes 21 parcels of land;represented by
13 various land owners. Since the General Plan of the City required a Specific Plan for this area,
we had no other choice but to proceed in this manner if we intended to develop some portion of
our properties in the future. It must be emphasized that this area was not an available clean slate
and required detailed planning based on the different configurations of the individual properties
and the desires of the owners.
Approval of this Specific Plan will provide the City with land for various types of needed
housing, as well as 80 acres of Open Space, (1/3) the entire area, part of which is referred to as
Righetti Hill; many trails and a neighborhood park as well as other small parks. Access to the
top of Righetti Hill by trails will provide a panoramic view of the city and Edna Valley, which
people haven't had the opportunity to see before.
During the last 18 months, our planners have worked diligently with City staff to develop a
financial plan that establishes reasonable development fees, in order to make the`w/hole project
feasible. This can mean the success or failure of a project. RECEIVED
FEB 18 2010
SLO CITY CLERK
Mayor Dave Romero & City Council Members
February 18, 2010
Page- 2
It has always been the unanimous opinion of the property owners within the Specific Plan
that, while we support a comprehensive bicycle trail system, the Bicycle Bridge designated near
the Graduate on the west side of the railroad tracks was not a necessity. Reasonable and safer
alternatives exist to the north and south, less than a mile in either direction. Besides the fact it
is costly, it was felt that it was not an esthetic asset to the area, and poses a safety hazard to its
users, especially children. As a community benefit, bicycle infrastructure has been provided
throughout the City of San Luis Obispo from funds received from grants. If justification for this
bridge can be established, then some designation of grant monies needs to be provided.
In February of 2003, the City agreed to share by one-half, the costs of the Environmental
Impact Report. This recommendation was made by Councilwoman, Jan Howell-Marx, and we are
very grateful for the Council's action. By sharing these costs, we were able to proceed with the
Specific Plan, which would have been impossible without this financial assistance.
We wish to express our appreciation to City Staff for their perseverance during this whole
process, and especially to Michael Codron of the Planning Department, who was there to resolve
many of the problems we endured during this entire procedure.
We are looking forward to your approval of this Specific Plan and the related
Environmental Impact Report. We are pleased with what we have accomplished and hope that
you will be also. My great grand-parents came to this County in 1885, and our family has always
been involved in agriculture within this area, this has been a new and difficult endeavor which we
hope is something we can look back on and be proud we were able to do it.
Thank you for your consideration
Sincerely, �J
1 !-e4_ .aoYt.,/
Barbara Parsons,
Jeanne Helphenstine and Gary Esajian
(Righetti Ranch interests)
by
cc: Andrew Carter, Vice Mayor
Allen Settle
Jan Howell-Marx
John Ashbaugh
Andrew Merriam, AICP, Wallace Group
Michael Codron, Community Development Dept.
Planner
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10, Speak directly into the microphone (but not too close)
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officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action, you may qualify as a municipal advocate or lobbyist If you are not already registered, please fill out
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The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
0 Please complete the reverse side of this card if you wish to address the Council on any
subject.
0 If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda,
your name will be called during the public comment period.
0 If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the specific issue comes before the Council.
When you step up to the microphone:
0 Speak directly into the microphone (but not too close)
0 State your name and City clearly
0 Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
* The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.
See ! raker Instructions on the Revers,_Jtde
Meeting Date 0 3 ,02. O
Name Q&^ &,xi^c Phone (optional):
Oa n
Address (optional):
Item No. Subject 0.c-v* Ate- S4Z 1�
Note: Completion of this card is voluntary. All citizens may attend meetings and address the City Council. However,
this form will assist the Mayor in facilitating public comments, the City Clerk's office in ensuring the correct spelling of
names in the minutes(addresses are not included in the minutes), and enable staff to follow up with speakers,as
appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate with any
officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action, you may qualify as a municipal advocate or lobbyist If you are not already registered, please fill out
a Municipal Advocate registration form (available in the Rotunda). (SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK, seated at the center
staff table below the City Council
Y4.'ly"4 VW
crty of san Us oBispo
SPEAKER CARD
The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
0 Please complete the reverse side of this card if you wish to address the Council on any
subject.
0 If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda,
your name will be called during the public comment period.
b If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the specific issue comes before the Council.
When you step up to the microphone:
• Speak directly into the microphone (but not too close)
• State your name and City clearly
• Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
• 'The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.
Seg, peaker Instructions on the Reve. Side
Meeting Date
5
C6 CGtavnbcr
Name F-rm i vk� Warr 1M / Phone (optional):
Address (optional):
Item No. Z Subject
Note: Completion of this card is voluntary. All citizens may attend meetings and address the City Council. However,
this form will assist the Mayor in facilitating public comments, the City Clerk's office in ensuring the correct spelling of
names in the minutes(addresses are not included in the minutes),and enable staff to follow up with speakers, as
appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate with any
officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action,you may qualify as a municipal advocate or lobbyist If you are not already registered, please fill out
a Municipal Advocate registration form (available in the Rotunda). (SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK, seated at the center
staff table below the City Council
'r'�{i
i crty of san Luis osispc.
SPEAKER CARD
The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
* Please complete the reverse side of this card if you wish to address the Council on any
subject.
* If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda,
your name will be called during the public comment period.
* If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the specific issue comes before the Council.
When you stet) ut) to the microphone:
0 Speak directly into the microphone (but not too close)
0 State your name and City clearly
0 Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
0 The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.
See t raker Instructions on the Revers jide
Meeting Date
Name J )y�X�� - Phone (optional):
Address (optional):
Item No. Subject
Note: Completion of this card is voluntary. All citizens may attend meetings and address the City Council. However,
this form will assist the Mayor in facilitating public comments, the City Clerk's office in ensuring the correct spelling of
names in the minutes(addresses are not included in the minutes), and enable staff to follow up with speakers, as
appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate with any
officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action, you may qualify as a municipal advocate or lobbyist If you are not already registered, please fill out
a Municipal Advocate registration form (available in the Rotunda). (SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK, seated at the center
staff table below the City Council
crty of san Luis oaispo
SPEAKER CARD
The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
0 Please complete the reverse side of this card if you wish to address the Council on any
subject.
0 If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda,
your name will be called during the public comment period.
0 If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the speck issue comes before the Council.
When you step up to the microphone:
• Speak directly into the microphone (but not too close)
• State your name and City clearly
• Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
• The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.
1
See Speaker Instructions on the Reverse Side
Meeting Date Z 14 ID
Name J O�� �5�� Phone (optional):
Address (optional):
Item No. r_& UO )�,l2 Subject
Note: Completion of this card is voluntary. All citizens may attend meetings and address the City Council. However,
this form will assist the Mayor in facilitating public comments, the City Clerk's office in ensuring the correct spelling of
names in the minutes(addresses are not included in the minutes), and enable staff to follow up with speakers, as
appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate with any
officer,employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action, you may qualify as a municipal advocate or lobbyist If you are not already registered, please fill out
a Municipal Advocate registration form(available in the Rotunda). (SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK, seated at the center
staff table below the City Council
SPEAKER CARD
The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
Please complete the reverse side of this card if you wish to address the Council on any
subject.
e
* If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda-'
your name will be called during the public comment period. \_
0> If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the specific issue comes before the Council.
When you step up to the microphone:
3
* Speak directly into the microphone (but not too close)
0 State your name and City clearly
Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
b The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.
See ; 'aker Instructioqs on the Revers, ide
T- U-�OLAId It, ke,+0spee-iI� (�s
Meeting Date — — f
ye Phone (optional): �J - j f,�
Address (optional):
idle
Item No��ZzSubject -+
Note: Completion of this card is voluntary. All citizens may attend meetings and address the City Council. However, C
this form will assist the Mayor in facilitating public comments, the City Clerk's office in ensuring the correct spelling of
names in the minutes(addresses are not included in the minutes), and enable staff to follow up with speakers, as
appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate with any
officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action, you may qualify as a municipal advocate or lobbyist If you are not already registered, please fill out
a Municipal Advocate registration form(available in the Rotunda). (SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO.THE CITY CLERK, seated at the center
staff table below the City Council
1 n a&
city of san lugs oBispo
SPEAKER CARD
The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
0 Please complete the reverse side of this card if you wish to address the Council on any
subject.
* If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda,
your name will be called during the public comment period.
0 If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the specific issue comes before the Council.
When you step up to the microphone:
• Speak directly into the microphone (but not too close)
b State your name and City clearly
• Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
• The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.
Set, peaker Instructions on the Reve. Side
Meeting Date /Id
var��s Phone (optional):
Name �QJ.3y
Address (optional): g,&-k IL? S)�o
Item No. Subject �01>it4z�
Note: Completion of this card is voluntary,. All citizens may attend meetings and address the City Council. However,
this form will assist the Mayor in facilitating public comments, the City Clerk's office in ensuring the correct spelling of
names in the minutes(addresses are not included in the minutes), and enable staff to follow up with speakers, as
appropriate.
Municipal Advocate/Lobbying: If you are paid by any other person or organization to communicate with any
officer, employee, or commission of the City of San Luis Obispo for the purpose of influencing local legislative or
discretionary action, you may qualify as.a municipal advocate or lobbyist. If you are not already registered, please fill out
a Municipal Advocate registration form (available in the Rotunda). (SLOMC Section 2.64)
PLEASE GIVE THIS CARD TO THE CITY CLERK, seated at the center
staff table below the City Council
MrAm crty of san Luis ompo
SPEAKER CARD
The City Council and staff appreciate your participation at this public meeting.
SPEAKING TO COUNCIL
0 Please complete the reverse side of this card if you wish to address the Council on any
subject.
0 If you wish to speak regarding an item NOT on the agenda or an item on the Consent Agenda,
your name will be called during the public comment period.
* If you wish to speak regarding a Public Hearing or Business item, your name will be called
when the specific issue comes before the Council.
When you step up to the microphone:
• Speak directly into the microphone (but not too close)
• State your name and City clearly
• Municipal Advocates must disclose themselves as such
and identify the party(ies) represented (SLOMC Sec.
2.64.070)
• The City Clerk will start the timer when you state your
name. Please complete your comments in three minutes.