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03/16/2010, PH 2 - APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO APPROVE A MITIGATED NEGATIVE DECLARATION
council °° ,� o j acEnda wpoat �N A CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Direct Prepared By: Pam Ricci, Senior Planner SUBJECT: APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO APPROVE A MITIGATED NEGATIVE DECLARATION AND THE DESIGN OF A BICYCLE AND PEDESTRIAN PATH AND BRIDGE OVER PREFUMO CREEK AT.1269 VISTA LAGO (ARC/ER 74-09, Paul Johansen, Appellant) CAO RECOMMENDATION Adopt the Draft Resolution (Attachment 7), denying the appeal and upholding the Architectural Review Commission's action to approve the project and a Mitigated Negative Declaration, based on findings, and subject to mitigation measures and conditions. DISCUSSION Report In Brief On September 19, 2006, the Council approved a General Plan amendment, rezone, and minor subdivision to allow the Windemere Condominiums to sell their recreation building as a dwelling unit. As a condition of approval, the Council required dedication of an access easement along the northeast property line of the Windemere property when the City was ready to construct improvements to allow a pedestrian and bicycle path and bridge over Prefumo Creek to access the existing park on Vista Lago, On November 16, 2006 the Bicycle Advisory Committee reviewed potential projects for a Safe Routes to School (SRTS) grant application and unanimously voted to support an application for the Prefumo Creek bridge project. On December 14, 2006, the City of San Luis Obispo and the San Luis Coastal Unified School District submitted a joint application for a Caltrans SRTS grant to fund the pathway and bridge over Prefumo Creek. On May 22, 2007, a grant for $798,600 from the SRTS program was approved by Caltrans for the City to construct a bicycle/pedestrian bridge over Prefumo Creek that will link the Oceanaire and Laguna Lane neighborhoods. The Council was notified in July 2007 that the City was successful in receiving the SRTS grant. As a result, the Council approved FY 07-08 rnid-year budget revisions to reflect receipt of the grant. In July of 2009, the Public Works Department submitted preliminary design plans to the Community Development Department for the processing of the project's environmental and architectural review. On January 20, 2010, the Architectural Review Commission (ARC) approved a Mitigated Negative Declaration and granted final approval to the design for a proposed bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive including a bridge over Prefumo Creek. On January 28, 2010, the City received an appeal from Mr. Paul Johansen regarding the portion of the bicycle path extending along the northeastern property line Council Agenda Report—1269 Vista Lago Appeal of ARC/ER 7409 Page 2 of the Windemere Condominiums. The appeal raises two specific concerns: 1) the fact that a final easement allowing the bike path through the site had not yet been formally executed; and 2) lack of an objective evaluation of the safety impacts associated with a narrower width in certain locations along this portion of the path. This report focuses on the specific issues raised by the appellant in his appeal statement (Attachment 2 appeal form and appellant's statement). The ARC report (Attachment 3) is attached which provides further background on the project design issues and the basis for supporting a creek setback exception that the Commission focused on with their review of the project at their January 20, 2010 hearing. Data Summary Applicant: City of San Luis Obispo Representatives: Mike McGuire &Peggy Mandeville,Public Works Department Zoning: Conservation/Open Space (C/OS-40) General Plan: Conservation/Open Space Environmental status: The Architectural Review Commission adopted a Mitigated Negative Declaration on January 20, 2010. Figure 1 Site Description The proposed project site includes the b ` Vista Lago Mini Park which is a small neighborhood park with a children's playground, picnic tables, and turf open space. The site also includes a portion of the Prefumo Creek riparian area which supports wetland vegetation; 0 however no hydric soils are known to exist in the affected area. Vegetation consists mainly of a mixture of disturbed grassland, riparian willow, �✓ _ a;: and non-native species. The Windemere Condominiums is a developed residential project which will f/ accommodate a portion of the bicycle m' path between Oceanaire Drive and the �P` bridge across the creek. Surrounding land uses include the Laguna Middle School to the northwest, and several residential developments to the west, east and south. i0t6,' Ibb-2o*et a: 2tG G SIG feel - Tk a -a Council Agenda Report—1269 Vista Lago Appeal of ARC/ER 74-09 Page 3 Project Description The applicant is proposing to install a pedestrian/bicycle bridge over Prefumo Creek that will provide an important linkage between the Oceanaire and Laguna Shores neighborhoods. With installation of the bridge, a pedestrian and bicycle path will be created which extends from the Vista Lago street right-of-way to Oceanaire Drive. The pathway will extend through the Vista Lago Mini Park to the bridge and will connect the path to the other side of Prefumo Creek, which is located on the northeast side of the Windemere Condominiums (see Figure 1). The bridge will promote safe routes to school for Laguna Middle School and CL Smith Elementary School children. The proposed Corten steel bridge will be a free-span type of bridge to limit intrusion into the riparian corridor. It is proposed to be about 12 feet in overall height, a 10 foot wide path and have a span of about 200 lineal feet. The pre-fabricated bridge will be placed on two abutments constructed outside of the creek banks. A crane will be used to install the bridge onto the abutments. There will be ground disturbance for installation of the abutments at the edge of the riparian corridor away from the main channel and some trimming and limb removal of trees. A designated path leading from the bridge to Oceanaire Street through the Windemere Condominiums is also a part of the ultimate project. To accommodate this path, two parking spots will be relocated, requiring new pavement striping. The project will also involve some minor modifications to the Vista Lago Park such as the relocation of picnic tables and a shift in the location of the existing driveway approach to the northeast to accommodate the planned trajectory of the bicycle path through the park. Architectural Commission Review On January 20, 2010, the ARC on a 5-1 vote approved a Mitigated Negative Declaration and granted final approval to the project, based on findings, including findings supporting a creek setback exception, and subject to conditions and environmental mitigation measures. Commissioner Wilhelm, the dissenting vote, was in favor of a bridge and path, but did not support the motion for approval of the project because of concerns with the box truss bridge design. The rest of the Commission was satisfied with the bridge design with some additions to conditions to soften the appearance of the bridge by adding entry embellishments and a different style of lighting fixtures. A total of six members of the public spoke during the hearing on the project (Attachment 5 — 1- 20-10 ARC minutes). Four members provided testimony against the project and two were in support. Other members of the public submitted written comments but were not present at the meeting, including the appellant. The ARC also noted other issues brought up by the audience outside of their purview such as a contingency plan for patrols and other safety concerns and a needs assessment. The Commission Council Agenda Report—1269 Vista Lago Appeal of ARC/ER 74-09 Page 4 did not include any formal recommendation on these topics as a formal part of their resolution, but suggested that the City Council would be the proper review body to hear their concerns on these types of issues. Appellant's Position The following paragraphs address the appellant's two main concerns expressed in his appeal statement: 1. Lack of a formal easement through the Windemere Condominiums nropertv:. Mr. Johansen, the appellant, owns a unit at the Windemere Condominiums. Part of the bicycle path will be installed in the northern part of the Windemere project. An easement to enable the eventual installation of the bicycle path was a requirement of the tentative map that was approved through City Council Resolution No. 9843 (2006 Series) to allow the Windemere project's recreation room to be converted to a living unit (Attachment 6). The specific language of Condition No. 2 is included below: An easement shall be provided adjacent to the northeast property line to allow for public pedestrian and bicycle access to Prefumo Creek and Vista Lago Park. This easement will not be accepted or recorded until such a time that the City is ready to construct improvements to allow a path and bridge over the creek to access the existing park on Vista Lago. The,final width and location of the easement shall be approved by the Public Works Director and the Community Development Director while considering the opinion of the Windermere HOA and shall result in the loss of no more than 4 parking spaces. In the event that an alternate bicycle route is developed on Los Osos Valley Road (that provides access to Prefttmo Creek, Vista Lago Park and Laguna Middle School)prior to acceptance and recordation of the easement, this condition shall be considered null an void and have no further force and effect The Windemere Homeowners' Association (HOA) submitted the planning entitlements necessary to convert the recreation room to a living unit and was aware of the easement being a condition of their ultimate project approvals. The owners and residents of the Windemere condominiums as well as property owners and residents within 300 feet of the project site received notification of the hearings before the Planning Commission and City Council where project entitlements were reviewed. The conditions of approval, including the cited easement requirement, of the Council's action are final and binding. Staff has met with the Windemere Homeowners' Association (HOA) and sent e-mails to them about next steps, including the presentation of a license of entry document, but signed legal documents have not yet been formally executed. The draft Irrevocable License of Entry document was prepared by the City for approval by the HOA Board of Directors as an interim measure to secure access until such time as the tentative map is finalized. Since the appeal was Council Agenda Report—1269 Vista Lago Appeal of ARC/ER 74-09 Page 5 filed, staff has attended a HOA meeting to discuss next steps and ways that the City could assist in finalizing needed documents. Mr. Johansen wrote a letter to the ARC calling in to question the wisdom of moving forward with the project given that the easement had not been approved by 100% of the property owners. Staff noted his concerns for the record since Mr. Johansen did not attend the meeting. Staff also assured the ARC that these were technical requirements that needed to be pursued to finalize the project, but that they did not preclude the review of the project design from moving forward. Approval of the bridge design is a separate action. Completing this part of the process insures that the City will be ready to begin the bridge project as soon as the legal documents are completed. 2. Evaluation of Safety Impacts Associated with the Windemere Bicycle Path:, Mr. Johansen's appeal raises concerns with the design of the pathway through the Windemere property; specifically that it is narrower than the desired 10-foot width in certain locations to accommodate a two-directional shared path. The appeal statement raises concerns with the design in terms of both security and safety issues and questions why these issues were not analyzed in the project's initial study. Generally the path would be located in what are currently landscaped areas between the existing driveway and parking areas and the northeast property line. The pathway width here is transitional with a width of 10 feet just past the bridge and narrowing to 4 feet at its tightest segment. The attached ARC report notes that the path is narrower in certain segments; but concludes that given the site constraints and negotiations with the Windemere HOA that this became the preferred solution. This solution allows for a continuous pathway while minimizing impacts to the parking layout and driveway circulation of the Windemere condominiums. While Mr. Johansen raises a valid concern with the narrow segments of the path,the concern is a design, rather than an environmental issue typically evaluated in an initial study. The types of safety and security concerns voiced at the ARC hearing did not specifically relate to the width of the pathway through the Windemere property. One speaker suggested the idea of restricting bridge access after dark as a security measure. Staff responded at the meeting that the Police Department had reviewed the project and did not recommend any special design features beyond those already included in the design such as lighting, screens on the sides of the bridges, and open fencing along the pathway through the Windemere development. The ARC appropriately reviewed and commented on all these features that directly relate to safety and security with the review of the project design. These types of project details are appropriate for a design review process and do not constitute environmental impacts that require evaluation in a CEQA document. The adequacy of the initial study in evaluating safety concerns was not called into question either before or during the ARC hearing. The reference to "the contingency plan for patrols and other safety concerns" was used generically by the ARC Chairman to summarize some of the concerns PP � _ s Council Agenda Report—1269 Vista Lago Appeal of ARC/ER 7409 Page 6 that went beyond the Commission's purview for either design approval or an environmental impact. Safety concerns were addressed through details included in the project plans and with the review of the project including consultation with other City department and outside agencies. The prepared Mitigated Negative Declaration that was ultimately approved by the ARC adequately evaluates the potential environmental impacts of the project consistent with the California Environmental Quality Act (CEQA). Conclusion The issues raised in the appeal do not nullify the ARC's action to approve the design of the project and adopt the Mitigated Negative Declaration. In addition to satisfying the goals of the approved Caltrans grant to provide safe routes to school for students of Laguna Middle School and CL Smith Elementary School, the bridge and adjacent pathways will also benefit other residents in the adjacent neighborhoods by providing an alternative for cyclists and pedestrians to traveling down Los Osos Valley Road to access other sections of the overall neighborhood. The proposed linkage is part of the Bicycle Transportation Plan (BTP) and meets goals of that plan to reduce air pollution and increase public safety. The project is also consistent with the City's General Plan to improve neighborhood connectivity, increase recreational opportunities, and provide amenities for neighborhoods. Accordingly, staff recommends that the Council deny the appeal and uphold the action of the ARC. CONCURRENCES The Public Works Department took the lead with the grant application submittal and has been responsible for overseeing consultant contracts to prepare the project plans. The Community Development Department was responsible for the processing of the project for design and environmental review. The City Biologist prepared a Natural Environment Study and Biological Assessment to evaluate the impacts of the project on its riparian setting which were required for the prior National Environmental Policy Act (NEPA) clearance for grant funding and incorporated by reference in the initial study for California Environmental Quality Act (CEQA) compliance ALTERNATIVES 1. Continue review. This alternative would be appropriate if it is determined that additional information or analysis is necessary to render a decision on the submitted appeal. 2. Adopt a resolution upholding the appeal and denying the ARC approval of the project design and the Mitigated Negative Declaration of environmental impact. Since the Council has previously supported the project and the City has secured grant funding to construct it, this alternative would only be an option if there are specific compelling issues related to the appeal which would alter the Council's position on the project. Council Agenda Report—1269 Vista Lago Appeal of ARC/ER 74-09 Page 7 Attachments: 1. Vicinity Map 2. Appeal form and appellant's statements 3. January 20, 2010 ARC report with attachments including reduced-size copies of the project plans &initial study 4. January 20, 2010 ARC approval letter and Resolution No. ARC-1001-10 5. January 20, 2010 ARC minutes 6. City Council Resolution No. 9843 (2006 Series) 7. Draft Resolution denying the appeal Distributed to the City Council: 11" x 17"copies of the project plans GACD-PLANTRICCIIAROCity ProjectsWRC 74-09(Prefumo Bridge)\Staff reports\ARC 74-09 CC appeal report 3-16-10.doc P v 1 Attachment 2 Filing Fee: $250.00• F EC E I Vei Paid Date Received JAN Y 8 2010 CITY CLERK T3 Citi/ Or "sa 'REFER TO SECTfON 4 n Luis oww 01 0I 8/2010 16.53 445655 PLO M.00 APPEAL TO THE CITY COUNCIL SECTION I. AP ELLANT INFORKATION (uL o%���IS� 13601 `I'�.u� S�o�e�iz, bra 2,-70& Name Mailing Address and Zip Code 7Iq $SZ- IpL4- Phone Fax Representative's Name Mailing Address and Zip Code Tale Phone Fax SECTION Z SUBJECT OFAPPE4L 1. In accordance with the procedures set forth in Tale 1, Chapter 1.20 of the San Luis Obispo Municipal Code(copy attached), I hereby appeal the decision of the: (Name of Officer,Committee or Commission decision being appealed) 2 The date the decision being appealed was rendered: 3. The application or project was entitled: Vi 5-tA L-ArL4 0 (Ap,1 C/CJZ � 4. i-discussed the matter with the following City staff member rL1� pe-t cc.l on t2-q Izo, D (Staff Membe's Name and Department) (bate) 5. Has this matter been the subject of a previous appeal? If so,when was it heard and by whom:. SECTION 3. REASON FOR APPEAL i Explain specifically what actioNs you are appealing and -you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. I Page 1 of 3 Pµ�1-9 Reason for Appeal continued nt amme Trie Son Luis Obispo City Council values public padic ipatibn in,(ocal government and encnuragges alk forms of citizen.involvement. HoiNever,,diue to real."costs assoaated•with Cray. Counci4 tonsideratian.of an appeal,;irioCudirig public notification;all appeals Portaifiirrg to a planning application ar project are.subject to a filing fee of S25b'.,w#dc .Mr at accompany the. appeayfonn. Your n*,ght to exercise.an appeal cor-es with.certain responslbifrties..,.If you -R an,. appeal,'.please understand that it.must be heard within 45;days from'filir%g Ili forhr:.Yo. u.wig be,.. ; nofed iri wing ofthe exact date`your'alp.eal wiR boheard before the Council -You.oi�your,.. represer Gvemn11 be exoeoted td attend the public bearing, andto-be prepai�d'to make your case. •Yourtestimoray is limited-to 1tl•Minutes.- :A inutes::A continuance may.be granted under ceWn'and unusual circumstances::If you.feel you , need to tegpest a continuarSce;You rnust'submlYyour request;invirritfig to ttie City Clerk lease tre .ad ised#trot if your request for oontinuancie is received:after jh'a appeal is:noticed to the.poblic;the; Council may not be able to grantthe'Fequestfor.continuarim. SLOmMinga mi-gUest•foriawAnumte . does irnf gLwmntee that it wff be t,yanted,:that action is,at the dfsrreffW of-the City Council-. -hereby agree to appear and/or send a representsOve to appear on m,ybehaff•tarhen earl bc 19 fora public hearing berate Elie.+elly/Council:' f 2'.S. 2_0 wdre of Appe6arit) jam) . 6rceptienstotPoe.fee: i),Ilpj sof`rnasb`ommmee,deasla—m.ava-slum L?Ttteabmm'4% rriedappellaithas. i already paid."City$250 to appeal this same matter to a.City ofaia)or Col neil advisory.bodyr . This item is hereby calendared for MMCAt s-ol b cc: City Attorney VM64-& y AoIcal_Lftr; Lig Yo Foccerel City Manaaer Department Head A((Avi Pe4jrge Advisory Body Chairperson -ROV-r Advisory Body Liaisom Ftccl City Clerk(original) 7-.ayi,256A1 Page 2 of 3 eros PNS--fid ; ~' Attachment 2 Paul & Katherine Johansen 1108 OCEANAIRE DRIVE#30,SAN LUIS OBISPO,CA 99405 oklehansenfcharter ri TEL 714-852-1047 FAX 714-644-6449 January 25.2010 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Dear City Clerk, In accordance with the procedures set forth in Title 1.Chapter 120 of the San Luis Obispo Municipal Code,1 hereby appeal the decision of the Architectural Review Commission taken on January 20,2010 regarding 1269 Vista Largo (ARC/ER 74-099 The ARC took action on January 20,2010 to grant final approval to the project,including the approval of the creek setback exception,and adoption of the Mitigated Negative Declaration.I provided comments to the ARC on the proposed action during the public review period(see attached). This appeal challenges the approval of the project on the grounds that the City has not obtained an easement or right of entry to that portion of the proposed project through the Windermere Condominiums at 1106 Oceanaire Drive.Without such approval,the project can not be constructed.Negotiations for the easement and/or right of entry could result in substantial changes to the project that would meed to be assessed(or could result in no easement or right of entry at aIQ. Additionally,moving forward with additional work on the project without securing access to the project properties is an inappropriate use of grant monies obtained from the State of California. Further,the mitigated negative declaration fails to address safety and security issues associated with a pathway design that is of substandard width,exposing users to potentially dangerous conditions.Rather than address these issues as part of the negative declaration for the project,the ARC suggested in Its Meeting Updates,that the proper venue for hearing concerns of these issues Is the City Council(yet it is noted In the Staff Report for the ARC action that the ARC was to be the final decision making body on the project). Failure to address comments on the negative declaration prior to adoption would seem to be an abuse of discretion.We should not be forced to spend$250 to appeal this action to City Council.If the ARC was not prepared to address the issues prior to adoption of the Mitigated Negative Declaration, they should have deferred action until such time as they were prepared or should have requested Council act instead. i sg!�Iy yours, j Llhan Attachment I I I r i r i i P14- !1 Attachment 2 Paul & Katherine Johansen 1108 OCEANAIRE DRIVE 930,SAN LUIS OBISPO,CA 93405 pkjohansen®charter.net TEL 714-852-1047 FAX 714-544-5449 January 17,2010 Architectural Review Commission San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo,CA 93401 Dear Architectural Review Commission, As homeowners In the Windemare development,we are writing to comment on the proposed action before you on Janu- ary 20,2010,File Number ARC✓R 74-09,1269 VISTA LAGO.The proposed action Is final approval to project design of a bicycle/pedestrian bridge over Ptefumo Creek that will link the Oeeanaire and Laguna Lane neighborhoods,along with approval of a creek setback exception and the adoption of a mitigated negative declaration for the project A portion of the project MR require an easement along the northeast edge of the Windemere development,and will require the loss of parktng spaces in the complex,along with the removal of trees and shrubs from the property.The Architechnal Review Commission is the final decision-making body acting on the project. We have several concerns with the current action on the proposed project Project Entitfements On Page 5 of the staff report,It is reported that"[tjthe pathway through the northeast side of the Windemere Condomini- ums,which has been approved by the Homeowners Association Hoard of Dfrectws,has more constrah>is and chal- lenges,but the pians reflect a good solution given the circumstanoss"(emphasis added), it should be noted the above statement is an incomplete recital of the facts associated with securing the right of entry and/or easement needed through the Windemare property.To our knowledge,there has never been a vote by the Win- demere HOA to approve the necessary easement for this project. In May 2004,the Windemere HOA Board took a vote of the Association Membership on a proposal for conversion of the Windemere Recreation Building Into an additional residential unit for sale. The Association Membership voted(by major- ity,but not unanlmousM to proceed with the sale.in order to proceed with the sale of the Recreation Building,subdivi- sion of the complex and rezoning would be necessary.After the Membership vote,the Board began discussions with the City,culminating In an Application for a minor subdivision map(Application 945-06)on March 17,2006.As a condition of tentative map approval on September 19,2006,the City Council Imposed a condition on the tentative map approval, j requiring that an easement be provided through the Windemere complex to allow for pubric pedestrian and bicycle ac- cess to Vista Lago Park as a replacement for the loss of recreational amenities associated with the conversion of the i recreation building.In the spring of 2007,City Transportation Department staff approached the HOA 13oard to discuss the SRTS Grant and begin negotiations on the easement I{! The HOA was advised by counsel in December 2008 that the subdivision of the Windemere complex and sale of the j Recreation Building would require consent of 100%of the Members and their first mortgagees,in accordance with Arti- cle II,Section 2b of the Covenants,Conditions and Restrictions for the development.Such consent HAS NOT been ob- tained.Until such consent is obtained,action on the subdivision and conversion is on hold. f I I i At tachment 2 In anticipation of the current action before you,City Staff on December 21,2009 transmitted to the HOA Board a Draft License Agreement Granting Right of Entry for review and comment Given the time frame for the proposed project,It is anticipated that the City would construct the project prior to obtaining the easement and Final subdivision map approval. As the easement is tied to the subdivision and sale,no action by the HOA towards approval of the easement or license agreement can take place until such time as the owner consent requirements are met. It should be noted that in addition to the pathway,the East Abutment of the bridge stricture Is located within the prop- arty boundaries of the Windemere complex.Without the easement or right of entry from the Windemere HOA the project can not be constructed.Therefore the action before you is premature. Protect MNSaVonslconditfam On Page 5 of the staff report,it is noted that the bicycle/pedestrian pathway would be no more than 4 feet wide at its narrowest point The pathway is described as a two-way pedestrian/lAcycle route.The American Association of State and Highway and Transportation Officials recommend a width of at least 10 ft for two-directional shared use paths on separate right of ways.From the drawings,9 appears that the majority of the length through the Windemere complex (approx 260 lineal feet)of pathway is substantially narrower than 10 feet.The pathway has 6'solid fence one side and 5' steel grate fence other side.Given that this Is designated a mixed pathway,there would seem to be risk of collision be- tween bicyclists passing In ditrent directions,or between bicyclists and pedestrians(or those in wheelchairs).Addition- ally,there Is only one light standard proposed for the pathway.This would seem to make the risk of collisions in low fight condition intensified.Additionally,there may be potential severity-related issues that might result from providing a rela- tively secluded pathway.No mention of these issues Is discussed in the staff report or Mitigated Negative Declaration, nor is there any mention of special operating nies/parameters(such as walking bikes along the narrow stretches or any special policing proodures)proposed for the project Request So,in dosing,we respectfully request that the Architectural Review Commission delay a vote on the proposal until a right of entry agreement and/or easement can be obtained from the Windemere HOA.Additionally,we respectfully re- quest that Staff be directed to make changes to the project to address the pathway width limitations of the current pro- posal.These could take the form of physical redesign or operating rules/parameters.if operating rules/parameters,'they should be made a condition of any project approval in the future. Sincerely yours, Paul and Katherine Johansen i cc:Pam Ricci,Senior Planner Peggy Mandeville,Public Works Department PhD Dunmore,Associate Planner I Wlndemere HOA Board t I i Paget j I I p 14 3 Attachment 3 CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT ITEM#2 BY: Pam Ricci, Senior Planner(781-7168) MEETING DATE: January20, 2010 FROM: Pam Ricci, Senior Planner FILE NUMBER: ARC 74-09 PROJECT ADDRESS: 1269 Vista Lago SUBJECT: Environmental and architectural review of a new bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive including a bridge over Prefumo Creek and a creek setback exception. RECOMMENDATION: Adopt the Draft Resolution (Attachment 7), which: A. Grants final approval to the project design, based on findings, and subject to conditions and mitigation measures; B. Approves a creek setback exception, based on findings. and C. Adopts a Mitigated Negative Declaration. BACKGROUND: Situation On May 22, 2007, a grant for $798,600 from the State Safe Route to Schools (SRTS) program was approved by Caltrans for the City to construct a bicycle/pedestrian bridge over Prefumo Creek that will link the Oceanaire and Laguna Lane neighborhoods (see Attachment 3 — Various Council memos regarding the SRTS grant, an excerpt from the Capital Improvement Program, and project statistics. The City was fortunate to receive the grant given the competitive nature of the program. Ultimately the City was successful in receiving the grant given that the project's components met the appropriate goals and guidelines of the program as well as the depth of support for the project in the community (see Attachment 4—Various letters of support). The grant was submitted after the City Council conditioned the Windemere General Plan Amendment and Minor Subdivision to provide a bicycle and pedestrian easement to allow a future connection to Vista Lago Park. Since receiving the SRTS grant, the City has developed project plans and details. The City is now seeking the Architectural Review Commission's (ARC) final approval for the project design and approval of the Mitigated Negative Declaration. Data Summary Applicant: City of San Luis Obispo Representatives: Mike McGuire &Peggy Mandeville, Public Works Department ARC 74-09 (Vista Lago Br,..ge) Page 2 Attachment 3 Zoning: Conservation/Open Space (C/OS-40) General Plan: Conservation/Open Space Environmental status: The Community Development Director recommended adoption of a Negative Declaration with Mitigation Measures on December 17, 2009. Site Description The proposed project site includes the Vista Lago Mini Park which is a small neighborhood park with a children's playground, picnic tables, and turf open space. The site also includes a portion of the Prefumo Creek riparian area which supports wetland vegetation; however no hydric soils are known to exist in the affected area. Vegetation consists mainly of a mixture of disturbed grassland, riparian willow, and non-native species. The Windemere Condominiums is a developed residential project which will accommodate a portion of the bicycle path between Oceanaire Drive and the bridge across the creek. Surrounding land uses include the Laguna Middle School to the northwest, and several residential developments to the west, east and south. Project Description Figure 1 The applicant is proposing to , install a pedestrian/bicycle bridge over Prefumo Creek that will provide an important linkage between the Oceanaire and Laguna Shores neighborhoods. With installation .�. of the bridge, a bicycle path will be created which extends from the Vista Lago street right-of- way to Oceanaire Drive. The pathway will extend through the Vista Lago Mini Park to the t bridge and will connect the path to the other side of Prefumo Creek, which is located on the northeast side of the Windemere Condominiums (see Figure 1). The bridge will promote safe routes to school for Laguna Windermere Middle School and CL Smith Condominiums Elementary School children. The proposed Corten steel bridge will be a free-span type of bridge to limit intrusion into the riparian corridor. It is proposed Scale, ,00• - -Creeks to be about 12 feet in overall ®Area of Potennact at� SLO,vG15 o zs so ioo ise 1aFcu Staging Area P14lJ--1� ARC 74-09 (Vista Lago B .:sae) AttachmentPage 3 J height and have a span of about 200 lineal feet. The pre-fabricated bridge will be placed on two abutments constructed outside of the creek banks. A crane will be used to install the bridge onto the abutments. There will be ground disturbance for installation of the abutments at the edge of the riparian corridor away from the main channel and some trimming and limb removal of trees. A designated path leading from the bridge to Oceanaire Street through the Windemere Condominiums is also a part of the ultimate project. To accommodate this path, two parking spots will be relocated, requiring new pavement striping but no ground disturbance. The project will also involve some minor modifications to the Vista Lago Park such as the relocation of picnic tables and a shift in the location of the existing driveway approach to the northeast to accommodate the planned trajectory of the bicycle path through the park. Environmental Review The City prepared the Mitigated Negative Declaration (MND) for the proposed project (Attachment 6). The City is the lead agency for the project in terms of the environmental determination, and in this case, the ARC will be taking final action on the MND because they are the final decision-making body acting on the project. The MND was noticed in The Tribune on December 19, 2009, and sent to the State Clearinghouse. The State Clearinghouse received the MND on December 21, 2009 and issued a State Clearinghouse Number of 2009121060. The official MND public review period extended from December 21, 2009 through January 19, 2010. EVALUATION In addition to satisfying the goals of the approved Caltrans grant to provide safe routes to school for students of Laguna Middle School and CL Smith Elementary School, the bridge and adjacent pathways will also benefit other residents in the adjacent neighborhoods by providing an alternative for cyclists and pedestrians to traveling down Los Osos Valley Road to access other sections of the overall neighborhood. As is evident from the detailed initial study prepared to evaluate the potential environmental impacts of the project, the City has done a comprehensive analysis to insure that the quality of the riparian corridor is maintained and improved with the development of the bridge and associated pathways. The following paragraphs discuss the components of the proposed project in more detail. Some of the elements of the project design discussed in more detail include lighting, fencing, and the needed creek setback exception. 1. Bridge Design The proposed free-span Corten steel bridge has a box truss style which has been selected to minimize impacts to the riparian corridor and to also be an attractive amenity to the neighborhood. Like the Jennifer Street Bridge near the train station and other steel bridges throughout the City, the Corten steel material will have a rusted look and will develop a darker patina over time that requires little maintenance. The bridge at about 12 feet in height will be low in profile. With final plans, the bridge heght may increase slightly to accommodate a slight Ptt� -(E Attachment 3 ARC 74-09 (Vista Lago Bi...'ge) Page 4 camber. This additional camber would accommodate slopes not to exceed 5% and allow for creek maintenance equipment to be able to travel under the bridge. The bridge will have a concrete deck rather than wood to provide a quieter surface for bicycles and foot traffic. To prevent trash from being thrown into the creek area, the bridge will have a wire mesh material installed on both sides to its full height and possibly over the top of the bridge. The area of the Prefumo Creek corridor where the bridge is proposed is heavily vegetated with willows, assorted grasses, and some intrusive ornamentals. Along with evergreen trees and other shrubs along the perimeter of the park and surrounding residential projects, this provides a dense vegetative screen between the proposed bridge and adjacent properties which minimizes potential aesthetic impacts. Currently the screening affects would be at a worst-case condition since some of the deciduous plant materials have lost their leaves. To assist neighbors with understanding the location and scale of the bridge, the City erected story poles in the creek corridor illustrating the bridge deck level and average line-of-sight. The City has also commissioned a 3-D perspective video to further illustrate what the proposed bridge will look like in its setting. This video will be available at the ARC hearing for both the Commission and neighborhood to view. Lighting proposed on the bridge will consist of 10 fluorescent luminaire fixtures that will be mounted on vertical steel members on the interior sides of the bridge at about two to three feet above the bridge deck. The lighting design is similar to that installed on the Jennifer Street Bridge. Sheet E-3 shows the locations of the proposed fixtures, Sheet E-2 shows the mounting detail, and the schedule on Sheet E-1 has a sketch of the fixture and indicates some of its specifications Mitigation Measure No. 1 reads: "Bridge lighting shall be limited in intensity and scale necessary for security and safety and shall be designed not to shine offsite in conformance with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 f the Zoning Regulations. All exterior lighting shall be shielded down-lights that do not shine skyward or spill onto adjacent properties to the review and approval of the Architectural Review Commission (ARC). Construction plans shall include details of light fixtures with illumination levels and shielding mechanism" The particular light fixture shown in the schedule is intended to have low-level illumination, but all of the specifications regarding the fixture are not included in the current version of the plans. Looking at the manufacturer's website (Louis Poulsen Lighting), it appears that the proposed light fixture would not fully comply with the City's Night Sky Preservation standards, but there are similar fixtures available that would have full cut-off features to shield the light source. Condition No. 1 is recommended to insure that the final fixture selection here complies with Mitigation Measure No. 1 and the City's Night Sky Preservation standards. ARC 74-09 (Vista Lago Bi. .Je) Page 5 Attachment 3 2. Bicycle & Pedestrian Pathways The bicycle path through Vista Lago Park would be a maximum of 12 feet in width (and possibly narrower if needed to reduce impacts to existing site features) consisting of an 8-foot wide pathway with 2 feet of planter turf pavers on either side. Installing the bicycle path through the park is fairly straightforward involving only minor changes to park features. Sheet 2 of the bridge plans shows how existing picnic tables may be relocated to accommodate the pathway if the project budget allows. Additional public right-of-way improvements may occur between the park and Laguna Middle School to address concerns regarding neighborhood traffic. The pathway through the northeast side of the Windemere Condominiums, which has been approved by the Homeowners' Association Board of Directors, has more constraints and challenges, but the plans reflect a good solution given the circumstances. Generally the path would be located in what are currently landscaped areas between the existing driveway and parking areas and the northeast property line. The pathway width here is transitional with a width of 10 feet just past the bridge and narrowing to 4 feet at its tightest segment. Decorative metal fencing that is a maximum of 5 feet in height is proposed along the pathway here to provide protection for pedestrians and bicyclists. A detail of the fencing is shown on Sheet 6 of bridge plans. Condition No. 3 is recommended that the ultimate fencing detail eliminate the sharp pickets at the top as a safety consideration and maintain a minimal footprint so that the pathway can be as wide as possible. A single bollard light is proposed adjacent to some steps that allow residents of the Windemere Condominiums to access the bridge without having to scale fencing. The light's location is shown on Sheet.E-3, its mounting detail on E-2, and specifications on Sheet E-1. 3. Consistency with the Community Design Guidelines The Community Design Guidelines (CDG) provide the following guidance which are relevant to the review of the subject project: Section 1.4—Goals for Design Quality and Character C. Protect natural resources and integrate the natural environment into building and site planning,where appropriate. 3. Maintain the health of the city's creeks through sensitive structure design and site planning near them. 4. Site planning should protect creek resources while providing visual access, and provide pedestrian access along bank tops where consistent with resource protection. 6. Control outdoor lighting to provide necessary security, but not spill onto adjacent properties or impair the view of the night sky. Staffs Analysis: As designed, the project is consistent with the goals stated above for an improvement within a riparian area. The many mitigation measures which are a part of the P 14 - ARC 74-09 (Vista Lago Bi-. .Je) Attachment 3 Page 6 project approval will provide for environmental protection for the creek area during construction and over the long term. Mitigation Measure No. 1 and Condition No. 1 will assure that proposed lighting does not spill onto adjacent properties of impair the view of the night sky. 7.1 - Creekside Development Creek corridor habitats support plants and animals; recharge aquifers; and filter some pollutants. Creek corridors are a valuable open space resource and provide recreational and scenic opportunities.. For these reasons, the City intends to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic and recreational amenity. B.Creek setback development guidelines. 2. A path or trail may be located within a creekside setback where biological and habitat value will not be compromised; however; no other structure, road, parking access, parking space, paved area, or swimming pool should be constructed within a creek or creekside setback area. The surfacing of a path or trail may most appropriately be permeable; the type of surface will be based on the need to protect riparian resources and minimize runoff to the creek channel. Staff's Analysis: The pathway through Vista Lago Park shows the options of either using a pervious or asphalt concrete. The pervious concrete would have some enhanced permeability that would be particularly consistent with this guideline. It would also be more in keeping with the proposed bridge surface and pathway through the Windemere Condominiums which are both shown as concrete. 4. Creek Setback Exception The City's Creek Setback Ordinance (Section 17.16.025 of the zoning regulations) formally adopted setbacks for new development along designated City creeks. At this location, a minimum of a 20-foot setback for buildings and other improvements from the top of the creek bank, or from the edge of the predominant pattern of riparian vegetation, whichever is greater, must be maintained. This setback was determined to be efficient to allow for substantial tree planting between the creek banks and adjacent structures, and minimizes the need for future creek improvements for flood management and protection of structures. The project involves the installation of a free-span pedestrian bridge and intersecting bicycle and pedestrian pathways that occupy portions of the creek setback area. While this type of free span bridge by its design minimizes impacts to the riparian corridor since support piers would be located above the top of creek bank, it has been determined that bridges are subject to the City's creek setback regulations. Therefore, the project requires approval of an exception to the City's Creek Setback Ordinance. The intent of the Creek Setback Ordinance is to protect scenic resources, water quality, and natural habitat, including opportunities for wildlife habitation, rest and movement.. Based on a site visit and input from the City's Biologist, it was determined that granting a setback exception to allow the pedestrian bridge would not result in significant environmental impacts due to the location and the free span design of the bridge. Discretionary exceptions to creek setback P14J-1t i ARC 74-09 (Vista Lago Bi..:ge) Attachment 2Page 7 J standards are intended to allow reasonable use of sites that are subject to creek setbacks, where there is no practicable alternative to the exception. Exceptions may be granted for bridges, if the design of the creek crossing minimizes impacts to the creek corridor. With proposed mitigation measures outlined in this initial study, the bridge itself will not create significant biological impacts. The ordinance lists eight findings that must be made in order to approve the exception. The Architectural Review Commission will be required to evaluate each of the findings to determine if the appropriate conditions exist for the exception. The ARC should rely on the analysis and mitigation strategies contained in the initial study and discussion included in the staff agenda report to determine whether proposed findings recommended by staff in support of approval of the needed creek setback exceptions can be made. 5. Mitigated Negative Declaration (MND) The City has prepared a comprehensive MND looking at the full range of the project's potential environmental impacts including Aesthetics, Air Quality, Biological Resources, Cultural resources, Geology/Soils, and Hydrology/Water Quality. This initial study (Attachment 6) incorporates by reference a number of technical reports that were prepared to evaluate potential impacts of the project including a Natural Environment Study, Biological Assessment, Archaeological Survey report, and a foundation report. A bulk of the mitigation measures directly relate to surveys and best management practices to avoid impacts to the creek corridor during construction. The principal Aesthetics concern of the initial study discussed earlier in the report was bridge lighting. Staff finds that the few recommended conditions along with the mitigation measures thoroughly address the potential environmental impacts of the project. A Programmatic Categorical Exemption for National Environmental Policy Act (NEPA) clearance was previously approved through the project grant process and is also attached to the initial study as documentation of this earlier environmental clearance. Attached: Attachment 1: Vicinity map Attachment 2: Reduced-size project plans Attachment 3: Various Council memos regarding the SRTS grant, an excerpt from the Capital Improvement Program and project statistics Attachment 4: Various letters of support Attachment 5: Other project correspondences Attachment 6: Initial Study ER 74-09 including NEPA clearance Attachment 7: Draft Resolution supporting approval of project, environmental determination, and creek setback exception _ rod- ait&Gk�eA Included in Packets: Larger copies of plans GAM-PLANTRICCWCCity Projects\ARC 74-09(Pref imo Bridge)\ARC 74-09(Prefumo Bridge).DOC P H �d l �•_ ,- Lam} .. r%-:;ti �. C�,% X1.7 ./• Y � / r, O Altachm PF PF `jo s, ��. 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I LL 19 H 1 111 r I 6 I � 1 1 I � Q W I re e i ii °ApBn — W J Ir 7 r �y'Ce `0. i 1 1 PHS- 36 Cj Attachment 3 Attachment 3 council memoizAnoum July 6, 2007 TO: City Council FROM: Ken Hampian, City Administrative Officer Jay Walter, Director of Public Works SUBJECT: Safe Route to School Grant - $798,600 for the Prefumo Creek Bridge The City recently received more positive grant news! Caltrans has awarded the City a grant for $798,600 from the State Safe Route to Schools (SRTS) program for a bicycle/pedestrian bridge over Prefumo Creek that will link the Oceanaire and Laguna Lane neighborhoods. There is no matching requirement as part of the grant award and therefore no adjustments are needed to the proposed FY 2007-09 Financial Plan at this time. Due to the late timing of this notification in relationship to adoption of the Financial Plan, revision of the project into the Major Council Goals discussions will take place at the FY 07-08 mid-year. This is the second grant we have received in as many months. Staff credits our success rate to submitting quality applications for projects that have community support and positively impact air quality, traffic, personal health, and pedestrian/bicycle safety. BACKGROUND Project Description. On September 19, 2006, the Council approved a General Plan amendment, rezone, and minor subdivision to allow the Windemere Condominiums to sell their. recreation building as a dwelling unit. As a condition of approval, the Council conditioned acceptance of an access easement upon the City's construction of improvements to allow a pedestrian and bicycle path and bridge over the creek to access the existing park on Vista Lago with a loss of no more than four vehicle parking spaces. The bridge will serve the needs of both bicyclists and pedestrians by providing a preferable route to traveling on Los Osos Valley Road to access the area schools and neighborhoods. If a bridge could not be funded, the Council authorized an alternative path that could parallel the sidewalk on Los Osos Valley Road. This alternative route was also written into the grant application. Grant Application. Several months after Council action on the Windemere project, the State's Safe Routes to School Program announced a request for applications for Cycle 1. The Bicycle Advisory Committee utilized the draft Bicycle Transportation Plan ranking system to identify the highest priority Safe Routes to School projects affecting elementary and middle schools and the bridge over Prefumo Creek ranked the highest. With that information, staff submitted the grant application. The grant application requested funding for design, construction and post construction evaluation of a minimum 8-foot wide Class 1 pathway and bridge over Prefumo Creek. PH - 3i Attachment 3 Safe Routes to School Grant Approval Page 2 Grant Award. While still subject to State budget adoption for 2007-08, Caltrans has approved our grant application. This grant process was very competitive. In Cycle 1, 459 applications for infrastructure and non-infrastructure projects were received requesting a total of$178 million for the $35 million available. Of the 459 applications, only 88 were selected for funding. Our grant application was rated "excellent" and the selection committee was very impressed by the level of community support (over 10 letters of support submitted by various groups) we had for the project.. In recent years, the State has seen a bad trend of agencies not delivering a grant project in a timely fashion. Caltrans is now in the process of making project delivery a part of the criteria for receiving future grants so it is very important for the City to complete this project, preferably as originally envisioned with the bridge to Vista Lago, however the alternative path location can be developed should the applicant not proceed with their final map. What Next? The Windemere Condominium Association has not submitted their final map (which includes the access easement) for processing. Staff has learned that the applicant has had some difficulties moving forward. Staff will meet with the applicants, inform them of the grant approval, describe the benefits of the pathway, and discuss how we might assist each other with our efforts. Staff will keep the Council apprised of our progress. G:\Staff-Reports-Agendas-Minutes\_CCMemos\2007\SRTS Grant\SRTS Grant.doc Pox- 31 i Attachment 3 CO memoRAnbum June 19, 2007 TO: City Council FROM: Ken Hampian, City Administrative Officer Jay Walter, Director of Public Works Bill Statler, Director of Finance & Information Technology SUBJECT: Safe Route to School Grant Award- $798,600 for the Prefumo Creek Bridge As reflected in the attached letter (Attachment 1), we recently received very good news that Caltrans has awarded us a grant for $798,600 from the State Safe Route to Schools (SRTS) program for a bicycle/pedestrian bridge over Prefumo Creek that will link the Oceanaire and Laguna Lane neighborhoods. There is no matching requirements as part of the grant award and therefore no adjustments are needed to the proposed FY 2007-09 Financial Plan at this time. Due to the late timing of this notification in relationship to adoption of the Financial Plan, revision of the project into the Major Council Goals discussions will take place at the FY 07-08 mid-year. BACKGROUND Grant Application and Project Description. On December 6, 2006, the Council adopted Resolution 9857 approving the grant application for State Bicycle Transportation Account (BTA) funding for the design and installation of a 175-foot bicycle/pedestrian bridge over Highway 101 between California Boulevard and the Union Pacific Railroad bridge (Attachment 2). This bridge will serve the needs of both bicyclists and pedestrians by providing a preferable route to.the make shift dirt path alongside the railroad tracks on the Union Pacific bridge. The total estimated cost of this project for design and construction is $550,000. The State grant is for 90% of this cost ($495,000), with a 10% matching City requirement of $55,000. Resolution 9857 certified that the City would provide these matching funds if the grant application was approved by the State. Grant Award. While still subject to State budget adoption for 2007-08, Caltrans has approved our grant application. This grant process was very competitive. According to BTA staff, our grant application was one of the highest rated, in a field of over $30 million in applications for total available funding of$5.5 million. RECOMMENDATION Given the high likelihood that we will receive this grant, we recommend: 1. Including this project in the 2007-09 Financial Plan, appropriating funds as follows: Afl- 31 . AttaO.pn 2007-09 Financial Plan Amendment: State Grant for Railroad Safe Trail of$495,000 tY Railroad Safety Trail Bridge:Moway 101 Crossing State BTA Grant (90%) 495,000 Local Matching Share(10%) General Fund(50% of Local Match) 27,500 Transportation Impact Fee Fund(50% of Local Match) 27,500 Total $550,000 Based on the Preliminary 2007-09 Financial Plan, adequate resources are available in both funds for this appropriation. 2. Modifying the Capital Improvement Plan and Major City Goal work program for Bikeway Improvements to reflect design in 2007-08 and construction in 2008-09 in the final budget document. We should know the outcome of the State's budget process before we finalize the printing of the budget document. In the unlikely event that this project is not subsequently funded by the State, we will revise the final document accordingly. G: Budget Folders/Financial Plans/ Alia-- 'fu Etta hnpit 3 10 U RR 7 3 0 3 a °O N "� W =' �p S 'R 0 U O 0.0 y .a C ° = s � •c 3 R � > . 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Utu UE� da a PNa- �'f Attachment C\Mme' X11 e•(gJ�4 Y U O •, t� T` O VA •_�r M 'vim d°r1'��, tll ,(_ \ oh. � •'pw w � � r � O ° �o�'; e ref CL /L �• ° n nV , rS_ - — , �, � ID 11 10 ts W i , � O l ✓' �� �i' �a+,;`" 505 �'. ,ti � ¢1rt�`0 , � o 0 c ' w 8 v o C I � O 0 W Attachment Prefumo Creek Bridge Project Statistics 2006 Purpose • Addresses issue of students illegally riding bikes on LOVR sidewalk and riding wrong way in bike lane: • Provides safer and more convenient alternative to Los Osos Valley Road, a 4-lane arterial roadway, where children presently use the sidewalk to both walk and bike to school. • Implements the recommendation of the 2006 San Luis Obispo County Grand Jury to "actively seek funding for bikeways and bike and pedestrian construction projects and programs, such as the Safe Routes to School program". • Connect single family neighborhoods with low vehicle volumes making it easy for students to walk and bike. Los Osos Valley Road is the only known barrier which discourages bike and pedestrian travel between Oceannaire and Laguna Lane neighborhoods. Statistics • 2005 LOVR statistics: speed limit = 45 mph . 85th percentile speed= 47 mph traffic volume= 26,606 vehicles per day • In 2006, over 80% of bicycles counted were riding on sidewalk illegally. • In 2006, over 185 vehicles make a right turn from LOVR to Laguna Lane to drop off school children in the morning. The congestion causes motorists to merge into bike lane thus blocking bicycle traffic on LOVR. • In 2001 the School District discontinued bus service to students who live within a 2-mile radius of school. • In 2006 there were 161 students living within the Laguna and Oceanaire neighborhoods who could use the bridge to access their schools. • Counts taken in 2006 show 16 pedestrians and 16 bicyclists (80% riding on the sidewalk) using LOVR in the morning commute to school and 34 pedestrians and 9 bicyclists (100% riding on the sidewalk) in the afternoon commute. • Laguna Middle School is used after school and on weekends for youth sports programs. • The City's Parks and Rec. Department coordinates track and cross country programs with an average of 74 children participating weekly. • According to the San Luis Obispo Youth Sports Association, a daily average of 100 children (K-8) use the fields at Laguna Middle School for after school sports programs for AYSO Soccer, San Luis Obispo Girls Softball and San Luis Obispo Youth Football. • The City's bi-annual transportation survey shows that 37.5% of non- bicyclists would try bicycling if there were more Class 1 and Class If Attachment 3 bikeways and 34.4% of non-walkers say they would walk more often if provided with better pedestrian infrastructure. • The City has a positive history of utilizing new bicycle and pedestrian facilities. Annual bicycle counts show that use of recently developed bicycle and pedestrian facilities has increased every year on the Morro Street Bicycle Boulevard as well as the Jennifer Street bicycle/pedestrian bridge. • Bikeway improvements are among the top 5 major City goals listed in the City's Financial Plan from 2001-2009. • San Luis Obispo enjoys a near perfect climate for bicycling and walking. • Parents from the elementary and middle school state they do not want their children walking or biking on the 4-lane high speed corridor (LOVR). • Vehicle license plate surreys taken in 2005 indicate that the majority of traffic in the morning and afternoon commute are parents dropping off and picking up their children at school. Letters of Support from: • . San Luis Obispo Regional Rideshare • San Luis Obispo County Bicycle Coalition • San Luis Obispo City Police Department • San Luis Obispo City Bicycle Advisory Committee • C.L. Smith Elementary School • Laguna Middle School • San Luis Obispo County Public Health Department • San Luis Obispo Youth Sports Association Other efforts underway: • Annual Safe Routes to School workshops • Annual Bike Rodeo • Subsidized bike purchase programs „�•� Attachment 3 Attachment 4 �crw< December 18,2006 Caltrans Division of Local Assistance,NIS P.O.Box 942874 Sacramento, CA 94274-0007 Re: Support for Safe Routes to School grant:bicycletpedestrian pathway to connect Oceanaire Dr. and Vista Largo The San Luis Obispo Youth Sports Association(SLOYSA)supports the proposed Project between the City of San Luis Obispo and San Luis Coastal Unified.School District for a Safe Route Grant. The SLOYSA mission is to promote participation by young people in organized sports in appropriate,sufficient and high quality facilities. One of these facilities meeting this objective is Laguna Jr.High.The sports fields are used for practice after school by AYSO, SLO Girls Softball and SLO Youth Football.The number of youth using these fields is approximately 100 or more Monday through.Friday for most of the year.The school grounds are in constant use beyond the regular hours,and this project would offer a safe connection over a busy corridor. It should be noted that Los Osos Valley Road is becoming increasingly more congested and that this project would provide a safe alternative for neighborhood youth and for those that use other transportation other than being picked up by their parents. The SLOYSA strongly support and encourage Caltrans to grant the fimding to SLO Public Works Department to make this project a reality. Respectfully James Neville President SLO-YSA Pp,) - K� mint 3 n" C.L. Smith Elementary School 075 Balboa Street San Luis Obispo,CA 93405 805-596-4094 Amy Shields,Principal Home of the Superstars Peggy Mandeville Department of Public Works City of San Luis Obispo 919 Palm St San Luis Obispo CA 93401 December 11,2006 Re: Support for Safe Routes to School grant: bicycle/pedestrian pathway to connect the Oceanaire and Laguna communities Dear Peggy, I am pleased to support the joint application between the City of San Luis Obispo and the San Luis Coastal Unified School District for a Safe Routes to School (SRTS) grant to fund a Class I multi-use path connecting the Oceanaire and Laguna communities across Prefumo Creek. Los Osos Valley Road is an obstacle to children riding bicycles and walking to school. The corridor is intimidating for children to walk along and it does not fit the ability level of children who bicycle.A pathway connecting these two communities would make for a safer connection and encourage more parents to allow their children to walk and bike to school. By walking and bicycling to school,kids mix fitness into their everyday routine and arrive alert and ready to learn In addition,walking and biking are great ways to cut down on automobile traffic congestion around the school,which is a safety concern. What's more,pedestrian and bicycle facilities cause children to be more aware of their neighborhoods,increase their self-confidence,and appreciate their environment.. Sincerely, } Amy Shie ds Principal San Luis Coastal Unified School District Amy Shields,Principal tachment 3 Laguna Middle .School i! DEC r s zoos 11050 Los Osos Valley Road:. ; San Luis Obispo,California 93405 CITY OF SAM LUIS OBISPO Mr.Steve Anderson,Principal PUBLIC WORKS DEPARTMENT (805)596-4055 Peggy Mandeville Department of Public Works City of San Luis Obispo 919 Palm St San Luis Obispo CA 93401 December 14, 2006 Re:Support for Safe Routes to School grant: bicycle/pedestrian pathway to connect Oceanaire Dr and Vista Lago Dear Peggy, Laguna Middle School supports the joint application between the City of San Luis Obispo and the San Luis'Coastal Unified School District for a Safe Routes to School grant to fund a bicycle and pedestrian pathway connecting Oceanaire Dr and Vista Lago across Prefumo Creek. Our Students have an uneasy time walking and bicycling to school on busy Los Osos Valley Road. The corridor is intimidating for children to walk along and it does not fit the ability level of children who.bicycle. A pathway connecting Oceanaire Dr and Vista Lago streets would provide an alterative to this busy corridor.It would offer a safer connection and encourage more parents to allow their children to walk and bike to school. Walking and bicycling are,important for our students. These two simple exercises mix fitness into their everyday routine and help students to arrive at school alert and ready to learn. Walking and biking are also great ways to cut down on automobile traffic congestion around the school, which is a safety concern for us. In addition, providing more facilities for bicycling and walking encourages children to be more aware of their neighborhoods, increase their self-confidence,and appreciate their surroundings. Sincerely, 3kM Steve Anderson Principal PFr•a- y� F ent City o :pan WIS OBISPO POLICE DEPARTMENT 1042 Walnut St.,San Luis Obispo.CA 93401 •(805)781-7317 December 12,2006 Caltrans Division of Local Assistance,MS I P.O.Box 942874 Sacramento,CA 94274-0001 Dear SRTS Coordinator: It has come to my attention that our City's Public Works Departrnent is applying for a Safe Routes to School Grant to fund the construction of a Class 1 off-street bike and pedestrian corridor to Laguna Middle School.On behalf of the San Luis Obispo Police Department,I am taking this opportunity to express to you our strong support for this project. Laguna Middle School is bordered on its longest side by Los Osos Valley Road(LOVA),a major four-lane thoroughfare with a speed limit of 45 miles per hour.Under normal conditions,speeds on LOVR are frequently in excess of the posted limit When children are coming and going to school in the area,there is a high need and a high demand for our officers to conduct speed enforcement in the LOVR school zone.To complicate the situation,parents often illegally stop at the curb on LOVR adjacent to the school because they find it more convenient to off-load their children there than to drive into the school parking lot This combination of speeding,high traffic volume,and illegal stopping creates a dangerous situation on a daily basis for children walking and riding their bicycles to and from Laguna Middle School. The construction of a bicycle and pedestrian corridor across Prefumo Creek onto school property would allow children from one of the largest neighborhoods adjacent to the school to completely avoid the significant dangers of traveling along LOVR.It is likely that the corridor would provide the additional benefit of reducing vehicle traffic in the area because parents would feel more comfortable allowing their children to walk or ride bikes to school,rather than feeling it necessary to deliver them in a car.Reduction of traffic would make the environment safer even for those children who don't use the Class 1 corridor. The completion of a corridor across Prefumo Creek would have many additional benefits to this community,such as improved air quality and the physical fitness of our children.From the perspective of the Police Department,however,the very most important benefit would be the enhanced safety of our children and their parents.We strongly encourage Caltrans to grant the fimding to our Public Works Department to make this project a reality. Sincerely Daniel R Blanks Operations Captain "Service, Pride, Integrity" The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410 Attachment 3 `0`%11 uNtSan Luis Obispo County Bicycle Coalition PO Box 14860 • San Luis Obispo, CA 93406-4860 44m i 1 Adam Fukushima, Executive Director Phone: 805-541-3875 Email: adamfoslobikelane.org December 17,2006 Peggy Mandeville City of San Luis Obispo 919 Palm Street San Luis Obispo CA 93401 Dear Peggy, It is our pleasure to write in support of the City of San Luis Obispo's application for a Safe Routes to School grant for a Class I pathway from Oceanaire Dr to Vista Lago across Prefumo Creek A Class I pathway across Prefumo Creek would complement the educational and encouragement efforts that we have been working on with the schools.Two years ago the San Luis Obispo County Bicycle Coalition conceived of the idea of Safe Routes to School trainings for schools countywide and was pleased to get the ball rolling by acquiring its initial grant funding and pampering with the City of San Luis Obispo and other agencies to implement the program The City's grant proposal would help fill the gap in the 5 E's by providing the only convenient way for children to get across Prefumo Creek. An effective SRTS program requires the education of parents as well as children.That's why we are proud to offer our bi-monthly course,`The Art of Cycling."Led by certified instructors of the League of American Bicyclists,the class teaches parents and other adults about safe and practical bicycling skills. We also provide two social marketing campaigns. Our Coexist and Empowerment campaigns encourage better behavior between bicyclists and motorists and strive to change attitudes about bicycle commuting by showing that it is a normal activity for people from many walks of life. Media have included newspapers,movie theatres, and bus billboards. Should you have questions,feel free to contact me at(805)541-3875. Best regards, Adam L11byma,Executive r. San Luis Obispo County Bicycle Coalition The.San Luis Obispo County Bicycle Coalition is a 501(c)(3)nonprofit organization working to transform SLO County into a safer and more livable community by promoting bicycling.and wallang for everyday transportation and recreation. For more information,visit www.slobikelane.org. �r SLO REGIONAL RIDESHARE Peggy Mandeville Public Works Department City of San Luis Obispo 919 Palm Street San Luis Obispo CA 93401 Dear Peggy: SLO Regional Rideshare strongly supports the City of San Luis Obispo's application for a Caltrans Safe Routes to School(SRTS)grant to fund a Class I facility(off-street bake and pedestrian corridor)across PmTumo Creek Los Osos Valley Road is a busy corridor. With this new facility, the students of Laguna Middle School would be well served with a Class I facility to make the connection across Prefumo Creek safer. It is widely recognized that one of the significant barriers to transportation choices is engineering. The current conditions do not serve the bicycle skill level of school children. This proposed project encourages more parents to allow their children to walk and bike to school,which supports the ma2fly launched Safe Routes to School program in San Luis Obispo County. SLO Regional Rideshare is continuing to build on the success of the Safe Routes to School program by applying for a Cal Trans non-infrastructure Safe Routes to School (SRTS)grant.The grant complements the City of San Luis Obispo's application by educating, encouraging students to walk and bicycle to Laguna Middle School. Additionally,the Safe Routes to School program will assist with evaluating participation in the program. Should you have any questions or need further information, feel free to contact me at 805-781-4362. S' ly yours, 4A.- Lisa QuinnN. Program Coordinator 1150 Osos Street.Suite 206 � Yj��,l- V Y �(F y'�'Y�4 S. �ynC v�''ii�?�1 rC... ♦ { .M. � TI �,.'Y.�ia . San Luis Obist)O.California 93401 Y Lj (805)541.2277 FAX(805)781-1291 www.rideshare.org - .x.1_.5... �tT✓..- N. A �, n ,gar u. .A. AtLacnp pt i SA-- ! LUIS OBISPO COUNT,- HEALT AGE Y PUBLIC HEALTH DEPARTMENT 2191 Johnson Avenue•P.O.Box 1489 San Luis Obispo, California 93406 805-781-S519•FAX805-781-4211 Jeff Hawn SeaUk Agency Dkedor Gregory W. Tko=4 ALD.,DLP.B. December 12, 2006 Sea/tbOJJlcalftbUcHeafthAdm&hirwor Peggy Mandeville Public Works Department City of San Luis Obispo .919 Palm Street San Luis Obispo CA 93401. Dear Ms. Mandeville: I'm writing in support of the City of San Luis Obispo application for a Caltrans Safe Routes to School grant to fund a Class I facility across Perfumo Creek, (a major off-street bike and pedestrian corridor) . One focus of the SLO Public Health Dept. is prevention. I see this as a great opportunity to increase the safety for all people using this path, especially for the students of Laguna Middle School and C. L. Smith Elementary School. This would encourage more parents to allow their children to walk and/or bike to school, which would also reduce the morning traffic congestion in that area. Finally, walking and/or bicycling to school incorporates fitness into the everyday routine of children, contributing to better health and learning. Thank you. for considering the application for this grant to promote and provide a healthier and safer community. Sincerely, M Gregory W. Thomas, MD, MPH' Health Officer nffa-- sir Attachment 3 Laguna Neighbors Association 1540 Oceanaire Dr. San Luis Obispo,,CA 93405 (805)543-5747 Peggy Mandeville Public Works Department City of SLO 919 Palm Street San Luis Obispo,CA 93401 Dear Ms.Mandeville, 12/9/06 It my understanding that your department is applying fora Caltrans Safe Routes to School(SRTS) grant to fund a Class I facility(off-street bike and pedestrian corridor)across Prefumo Creek connecting the neighborhoods of Oceanaire and Laguna Lane. The Laguna Neighbors Association(LNA)would like to offer our full support for this project. Concerns about the existing traffic congestion and traffic safety issues in the Laguna lake area were the main reasons we formed the LNA to begin with. Most parents in this neighborhood refuse to allow their children to walk or ride their bikes to Laguna Middle school because of the heavy traffic on Los Osos Valley Road(LOVR). These parents drive their children to school,which adds to the traffic congestion. Some parents puff-over on to the side of LOVR, ignoring the"No Parking"signs,blocking the bike lane,and creating a traffic hazard, in order to avoid the congestion in front of the school. A high amount of rooming and afternoon traffic is the result ofparents dropping off or picking up their children from the school. We believe some of the benefits of having a safe corridor for our children to use to waWride to school would be: 1)Less traffic on LOVR since more parents would feel comfortable allowing their children to walk or ride their bike to school. 2)Much smoother traffic flow in the mornings and afternoons since the traffic in and out of the school parking lot would be decreased. 3)Decreased risk fiom parents pulling over on LOVR in the"No Parking"bike lane to drop off or pick up their children. 4)It provides an opportunity for our children to get more exercise. 5)It would increase the level of safety around the school for pedestrians,bicyclists and motorists. Please let us know if there is anything we can do to help make this project happen. Sincerely, df Marie Foley Laguna Neighbors Assoc. Pita - 55 ragc i ui i Ricci Pam Attachment 3 From: Tracy Young [tracy.young764®gmail.com] Sent: Tuesday, November 10, 2009 2:54 PM To: Ricci, Pam Subject: Bridge advocate Hi Pamela, My name is Tracy Young and my Family and I have lived at 1143 Vista Del Lago for over the past ten years. When I heard that the City was planning a pedestrian and Bycycle bridge at perfumo creek to connect Vista Del lago with Oceanaire I was ecstatic. I can't tell you how long I have been hoping that something like this would happen. I have 3 kids, soon I will have 4. Most school days I ride bycycles with my 8 year old daughter to school at C.L. Smith. The ride is not a very bike friendly one but if more kids were to ride there would be less congestion right before and after school. We also like to ride to Laguna shopping center and Laguna Lake park. By far the worst part(very undafe)of this ride is Los Osos Valley road. I realize that there is a bike lane on LOUR however I refuse to allow my 8 year oold daughter to ride on it. The only other alternative is the side walk I have been told by City police that bikes are not allowed to be ridden on the sidewalk but they the police) turn a blind eye when they see my daughter with me because they know it would be crazy for her to ride on that street. If the bridge was built it would solve a multitude of problems in getting to the above mentioned locations,primarily by taking us off of LOUR. To add to that it would bring a new, beautiful and interesting alternative to traveling (either by bike or walking)to that side of town or to our side. Otherwise it is always LOVR. Please let me know what I can do to help with this very exciting, safe and very over due project/alternative. Thank you, Tracy Young 1143 Vista Del Jago San Luis Obispo, CA, 93405 549-9634 11/12/2009 ptl�- Sb rage i ui Ricci, Pam Attachment 3 From: jonathan@bluephoto.biz Sent: Tuesday, November 03, 2009 2:43 PM To: Mandeville, Peggy; Ricci, Pam Cc: Ricci, Pam Subject: Re: Prefumo Creek Pedestrian Bridge -Concerned Resident Good Day, I am not sure who this should go to but, I have very strong concerns regarding the proposed Prefumo Creek Pedestrian Bridge. I am a resident who lives off of Laguna Lane by the Laguna Middle School. I believe this to be a moral issue that involves the bettering of San Luis Obispo and that you cannot be thrown off track or stalled on this project. Forcing the residence who choose to use alternative means of transportation (anything other than a car)to travel, exercise/jog or walk on LOVR when there is a safer alternative being offered by the City cannot be justified. I want to live in a neighborhood where I feel safe, where children play and run freely without the worry of being ran over and where when I see my neighbors,I know who they are. INCREASING pedestrian travel will help in obtaining a more neighborly community. I am not afraid of an increase in bad people coming into our neighborhood via a bridge when they can come in at anytime via LOVR. I am concerned with the amount of traffic accidents I have seen at the intersections of LOVR and Laguna (2 that I have seen in the last 3 months) and Oceanaire and LOVR (I really big one that I saw a couple of months ago) - I assume there have been more. As someone who tries not to drive every time I go to Spencers Market, a safer route for me and my 2 year old son would be a blessing. It is scary to witness one of these accidents while pushing a stroller and knowing that my son and I have little protection from a vehicle if it swerves out of control towards us. I am thrilled that the City has offered a pedestrian option and I will do my very best to be an advocate for a safer pathway.We all want to live in a better world and that starts at a neighborhood level. If we all got out of our cars just a little bit more and said hello to our each other as we walked by, we would be well on our way to a better community. What can I do to help get this project started? Thank you, Jonathan Roberts 1288 Laguna Lane San Luis Obispo CA,93405 805-748-1378 ignathan@bluephoto.biz www.blueohoto.biz 11/5/2009 Attachment 5 Attachment 3 c,� of WIS ®��sy fP 919 Palin Street -�San Luis Obispo, CA 93401 September 29, 2009 Dear Ms. Heitzman, am the project manager and engineer for the Prefumo Creek Bicycle/Pedestrian Bridge and I would like to address your concerns about this project mentioned in your email. would like to give you some background on the bridge that we have selected. Initially, we had selected a weathered steel prefabricated bridge to connect Vista Lago Park and the Windemere Condominiums property. Further up Prefumo Creek on the Laguna Lake Golf Course is a weathered steel (rust) "bow truss" bridge, installed last year that is an excellent example of what we had envisioned for our project bridge. What we discovered as we proceeded with our preliminary design was that this style of bridge for a 200 foot span would require seven foot deep bridge beams to support the bridge deck. In order for the bottom of the bridge to clear the flood level of Prefumo Creek, a bridge of this style would result in unsightly ramping that would encroach into and reduce the size of Vista.Lago Park. The City is committed to having a minimal environmental impact to the creek and the park with this bridge project. A bridge span of 200 feet is necessary so that we don't place an intermediate support within the creek. This would cause an obstruction for debris to collect during a storm event and also would prevent the City from effectively performing its silt removal operations through the creek bed. The City researched using a wood bridge for this project. There are available wood bridges that span a distance of 200 feet but they utilize an arched wood truss for support of the bridge. These trusses would tower over the bridge level by 30 feet, making the bridge visible from Los Osos Valley Road. The wood trusses would also invite vandalism and damage to the bridge itself. Our proposed design is called a "box truss" style bridge as the bridge deck is enclosed by the support trusses. A wire mesh, not chain link fencing, is proposed, but not required, to enclose the sides and the top of the bridge as a safety measure and to prevent objects being thrown into the creek or at nearby residences. The bridge style would be identical in appearance to the Jennifer Street Bridge near the Amtrak Station. The proposed bridge lighting would be low-profile and shielded to minimize impacts to nearby residents and the creek habitat, but also provide ample bridge path lighting .for safety and security. Our proposed design currently has a bridge width of ten feet that could be reduced to eight feet, resulting in a slightly reduced overall profile and a small cost savings of the bridge. The proposed bridge size is dictated by-the clear span required, but the weathered steel style will complement the surroundings and is consistent with the appearance of many City and private pedestrian bridges throughout San Luis Obispo. PO4 SSS Attachment 3 In regards to cost, the City received a State Safe Routes to School (SRTS) Grant of just less than $800,000 to fund this project. The cost for the bridge alone is approximately $350,000 but there are many other costs associated with the installation of the bridge including, but not limited to: the concrete foundation, landings, walkways, lighting, electrical, environmental impact fees and the logistics of accessibility onto a remote and heavily vegetated site. If this bridge is installed in the spring of next year, the City could benefit from construction bids lower than our cost estimate as the current economy has resulted in a very competitive bidding market. Also, a project like this means jobs for local workers, thus.stimulating the local economy. You mention in your letter that the trend over the last 15 to 20 years is for parents to drive their children to school. The driving to and from school, especially the middle school, has created traffic congestion that already adds to the heavy traffic use along Los Osos Valley Road. That is exactly one of the factors that the installation of this bridge will alleviate. The bridge will encourage kids to walk or bike to school, reducing the vehicular congestion around the schools. With childhood obesity at an all-time high, the bridge will promote walking and cycling as forms of exercise. Also, with Laguna Middle School being the only junior high school in San Luis Obispo, the bridge will provide a safe access to and from school for children in other neighborhoods besides those adjacent to the bridge project. I have observed dozens of kids walking along the LOVR sidewalk or spilling into the bike lane before and after school, which creates a potentially dangerous situation. Again, this bridge project will alleviate this condition by diverting children to use the bridge. In response to your statement that the City has not been forthcoming with the details of the bridge design, the City and our design consultant, The Wallace Group, are still in the design phase and recently reached this point in the design process where we have a proposed design to show the public. I can assure you that there is no attempt to bypass public input on this project. In fact, it is a requirement of the National Environmental Policy Act (NEPA) that the public be afforded an opportunity to review and comment on the effects of the project. That initial public review and comment was a legal notice published in The Tribune on Saturday, August 29"', 2009, indicating a five day review and commentary period. Also, the neighbors adjacent to the project site were notified of the review period by mail. The City indicated in the legal notice and mailer that bridge plans were available for review at the offices of the Community Development Department. Due to the number of comments received regarding the project, the City has kept open the public comment period. More than likely, this bridge project will go before the Architectural Review Commission. City staff did meet with the Laguna Shores Homeowners Association Board of Directors, at their request. We explained the project, answered their questions and noted their concerns. At the conclusion of the meeting, we offered the review set of preliminary plans for their use, which they graciously accepted. To date, they are the only group of citizens that have requested more information or a hearing. If you would like to review the plans, they are still available for review at the Community Development Department, 919 Palm Street, ask for Senior Planner Pam Ricci. alfa-- 5� Attachment 3 To clarify your other concerns: There is no information or pictures of the proposed_ bridge project on the City website. It was stated in the legal notice that the plans could be reviewed at the office of the Community Development Department at 919 Palm Street, not City Hall. The preliminary plans contain ten sheets; the sheet labeled "Sheet 6 of 6" contain two pictures of the bridge style we are proposing. Finally, the proposed and final design for this project will not remove the tree in Vista Lago Park. The only trees to be removed shall be the non-native saplings located under the bridge path. I hope that this has helped to answer your concerns about this project. If you have any questions or other concerns regarding the bridge please give me a call at 783-7716. Sincerely, Mike McGuire Engineer III rage i or z AttachmentRicci, Pam 3 From: Suzanne Heitzman [suzanne.heitzman@gmail.com] Sent: Tuesday, September 15,2009 3:49 PM To: slocitycitycouncil@slocity.org; Hampian, Ken; Ricci, Pam Subject: Bicycle/Pedestrian Bridge I have anticipated the bicycle and pedestrian bridge for some years now. As a resident of the Laguna Lake neighborhood,I quite often walk to do my errands. Walking through the neighborhoods, across the creek, and avoiding Los Osos Valley Road could indeed be more pleasant than dealing with the traffic on LOUR. When I envisioned the bridge, I had something in mind similar to what is by the railroad tracks on California for the Cal Poly students--a wooden, foot bridge. However, I was stunned to learn the Prefumo "pedestrian" bridge has a span of 200 feet, and is enclosed by chain link. This proposed bridge looks like something that could go over a freeway and a train could drive over it. I was further horrified to learn that the budget for this thing is over$850,000. The intent of the bridge is to improve child pedestrian safety. If the bridge had been built when the neighborhood was built in the 80's it may have met it's intent. However, over the years the number of children living in this neighborhood.has declined dramatically. In 2001 there were 10 youngsters on Vista del Lago who graduated from San Luis High school. As those youngsters moved away, families with children have not moved in to replace them. Instead, the neighborhood is comprised of adults. There are only a small handful of children that live in this neighborhood. Some may attend CL Smith and could conceivably walk to school over the proposed bridge. However, the trend over the last 15-20 years is for parents to drive their children to school. Most children do not walk to school, especially at the elementary and middle school levels. Demographically and culturally, the city has missed the window of opportunity for the bridge to serve its intended purpose of improving child pedestrian safety. The estimate I was told is that on one given day there were 16 "walkers" to Laguna Middle School. If the bridge has to to be built on such a massive scale for some purpose that has not been made clear, then I would advocate dropping the project altogether. Many in the neighborhood do not understand the need for a bridge of this magnitude, the need for the chain link enclosure, nor the need to spend this kind of money when the Country is facing economic strife. I understand it is being funded.by Federal money, and City funds are not being spent. Frankly,I'd rather see it spent on the homeless which I would guess is not an option. Further, the City has not been particularly forthcoming with the details of the bridge design in that there has been no public hearing scheduled, the picture of the bridge was not on the web site, and the details of the plans were difficult to find on the web site. When neighbors began requesting more information or a hearing, the City responded by meeting with a few selected neighbors at their home (I was not aware of the meeting). The photograph of the bridge was not made available at City Hall when residents went in to view the plans. It was eventually offered to one household, apparently it was incumbent on us to seek this out. I'm sure there are still many residents who will be surprised by the construction of this railroad trestle over our creek. I have been unable to determine from reviewing the plans if the one and only tree in the park will be removed, at it is in front the drive way that accesses the park and bridge location. Clearly, the traffic on Los Osos Valley Road has increased over the years due to the construction of the 10/1/2009 Pod-- � � 1 LL�V L Vl L shopping centers. Perhaps there are other measures that could be explored. Attachinept 3 Suzanne Heitzman (805)441-2536 10/1/2009 October 15,2009 AttachInent Laguna Shores Homeowners Association Ms. Pam Ricci, Public Works Dept. City of San Luis Obispo Re : The proposed Prefumo bridge project. Dear Ms. Ricci: As the elected board of directors of the"Laguna Shores Homeowner's Association, we represent the residents) of this community. We are alarmed,dismayed and angry at the mere idea of interjecting a monstrous bridge. into our community. We are asking, Why a bridge ? Has anybody suggested—requested—demanded a bridge? If so, who are they, and what was their rationale for it? Safety& traffic concerns were the two main reasons for erecting the bridge,according to a letter that Mr. Mike McGuire, engineer at your dept., recently wrote to Ms. Suzanne Heitzman, a resident in our community. We find these reasons, as well as others mentioned in his letter, ill-conceived and totally unfounded. There is an existing wide sidewalk, as well as an extra wide bike lane along Los Osos Valley Road, as well as a traffic light and crossing guard. re: Safety concerns Has anyone reported injuries (or worse) along the LOVR stretch between Oceannaire& Laguna Lane lately? Are there any parental complains re. inadequate safety issues along that stretch of, road affecting their children ? Are parents demanding a bridge be constructed to protect their children from traffic more than anywhere else in our city, or for that matter,around the country? Who would use the bridge ? Attachment Normally, there are hardly any pedestrians seen along the stretch of LOVR in question. Have any studies been done focusing on pedestrian activity along that stretch which suggests a bridge is needed? Most of the school children are regularly driven to and from school. What current scientific studies suggest that parents will suddenly opt to let their children walk to school merely because of a bridge? Is there a current study, either locally or nationally, demonstrating that just because a new walking path is made available, people/children(obese or not), will suddenly change their daily habits of physical activity ? re. Traffic concerns c Dropping children at school has been mentioned by Mr. McGuire as adding to the congestion along the considered stretch of LOVR. Have you conducted current traffic monitoring studies to determine the precise traffic patterns along above stretch of road to justify your project? Have there been any complaints about such congestion? A few residents of our community, who lived - and drove more than 40 years throughout the 5 boroughs of New York City, when hearing about the" traffic congestion"as a reason for constructing the bridge, asked, "congestion?,what congestion 7' And we haven't even addressed what damage such a bridge will bring onto our community in terms of:environmental effects; noise level; appearance; or property value—just to mention a few. In.summarv: there are obviously still more unanswered than answered questions re: the mere idea of a bridge, let alone its actual construction. As a responsible dept. of transportation&public works in San Luis Obispo,attuned to the needs and preferences of the community, we expect that, as part of your project you will provide us with any and all current studies and pertinent data necessary to support, substantiate and justify such an undertaking. Respectfully submitted, Z Sharon Seymour, Secretary, Laguna Shores Homeowners Association P1fd- - 6 y Attachment 10-11-09 Re: proposed bridge over prefumo canyon. Mr. Mike McGuir, Engineer , san luis Obispo Dear Mr. McGuir ; I'm reading the letter you recently sent to Ms. Heitzman in response to her questions about the proposed bridge. Frankly, many more questions come to mind with my reading & I'll try sharing them with you. you're writing ..." we have a proposed design to show the public". Yet, I'm asking...... 1) why a bridge ? has anybody : suggested; requested or demanded a bridge ? if so, who are they & what was their rationale for it ? the 2 main reasons for a bridge you're listing in your letter are safety, & ( traffic) congestion. You write ..." I observed dozens of kids walking along the LOVR sidewalk or spilling into the bike lane.... Has anybody else, or, for that matter, any studies of pedestrian ( middle school students) safety patterns done, concurring with your observation ? or is your observation of kids' patterns of walking along LOVR the sole "scientific" reason for building the bridge ? 2) what constitutes a "potentially dangerous situation" for pedestrians along the Madonna rd. — Laguna In stretch of LOVR ? has anyone reported injuries ( or worse) occurring along this part of LOVR ? are Attachment there any parental complaints re. safety issues effecting their kids ? are parents demanding a bridge be constructed to protect their kids ? 3) who would use the bridge ? Normally, there are hardly any pedestrians seen along the LOVR — Laguna stretch. ( another study, among many others worth doing). most of the school kids are regularly driven to & picked up from school. What makes you so sure that parents WILL let their kids walk just because of the bridge ? are there any studies to suggest such a drastic change in the daily convenient habits of spoiled families is forthcoming ? what makes you so sure that " childhood obesity WILL suddenly be reversed by the bridge, promoting biking & walking ? are there any studies supporting that assumption, or—as with the change in driving vs walking patterns, are you just expressing a wishful thinking, expectations, anticipations & hopes, in justifying the construction of that bridge ? 4) dropping off kids at school has, according to your letter, added to the congestion along LOVR. You write..."that is exactly one of the factors that the bridge WILL alleviate ". Are there any studies monitoring traffic patterns around the LOVR—Laguna In intersection ? have there been complaints re. such " congestion" ? as Ms. Heitzman's next door neighbor, I frequent the above intersection on a daily basis. I've never seen anything which would remotely resemble a " traffic congestion". Having lived over 40 years in New York City, & having extensively driven throughout its 5 boroughs, I'd say I know something about traffic congestion. Plt�- 6b Attachment 3 Needless to say, there are many more un- answered questions re. the idea of a bridge for the proposed location — let alone its actual construction. As responsible dept. of engineering in san Luis Obispo, attuned to the needs & preferences of the community, I'm sure you'd be forthcoming in : providing convincing, satisfactory answers to the above questions & to others which will clearly be raised; will thoroughly conduct all the necessary, preliminary studies that will produce the scientific data substantiating your plans to justify such an undertaking. Respectfully, Amir Burstein. 1247, vista del lago, slo PW-- 67 Page 1 of 1 Attachment 3 Don Stine From: "Chuck Fisher"<cfishfly@charter.net> To: <donstine@charter.net> Sent: Tuesday, September 01,2009 6:06 PM Subject: Bridge over troubled neighbors! Hi Don, I would like you to present this letter on my behalf to the representative of the City of San Luis Obispo. I am appalled at the thought of the "City" initiating the design of a bridge to be erected in close proximity to my home without my knowledge. Has the term "due diligence" lost it's meaning? Would it be unreasonable for someone to consider taking into advisement the impact on the adjacent properties and whatever past histories may apply? Do taxpaying citizens have no say as to future plans for our neighborhoods? I believe we still live in a representative republic, by and for the people! Regrdinv a little history._about.the_.creek-and opening up a passage for the Junior High School students. Several years ago before action was taken to seal off the creek from access through the park, I had many instances when students damaged my fence, tormented my dog, and threw garbage over into my yard. No one offered to fix my fence or clean up the mess. Is the city going to care of that when the time comes around again? I don't think I want to revisit that situation again. nor do I feel comfortable with the prospect of people loitering in the creek at all hours of the day and night. I am sure there is more to this need to build a bridge story. I was told years ago that if I wanted to get to the bottom of anything.....just follow the money! I request a public hearing on this matter so that everyone has an equal opportunity to hear the whole story and express their opinions. Sincerely, 'Chuck Fisher 1283 Vista Del Lago San Luis Obispo 9/1/2009 Attachment 3 LAGUNA SHORES HOMEOWNERS ASSOCIATION c/o Yost Management 2251 Broad Street,Suite C San Luis Obispo,CA 93401 September 1,2009 Pam Ricci Community Development Dept City of San Luis Obispo,CA Subject: Proposed bridge across Prefumo Creek Application Number: ARCMI 74-09 Dear Ms. Ricci, At your request,as expressed duringan informal meeting with Don and Carol Stine at the Public Works desk on.Monday,August 31,2009,we,the members of the Laguna Shores Homeowner's Association(LSHA),are writing this letter. We are responding to the notice received by the homeowner's in our neighborhood on or about August 27,2009. At that time,we each received in the mail,a pink card notifying us of the proposed construction of a pedestrian/bicycle bridge over Prefumo creek from our neighborhood park to the Windermere complex on Oceanaire Drive. It is our understanding that the project is up for administrative approval this coming Friday, September 4. Itis our further understanding that this administrative action could possibly be delayed if there are sufficient concerns voiced by the citizenry. Beyond that,assuming the bridge project receives administrative approval,a formal appeal to the Architectural Review Committee(ARC)is possible at a later date,and beyond that,to the City Council if necessary. The stated reason for this bridge and path construction is to provide safe passage for students of the Laguna Middle School (LMS) on their way to and from school. We LSHA board members would first of all like to state that we too are concerned about the welfare and safety of students. But,we were never informed nor offered an opportunity to be involved in the decision process until now. The bridge project has been administratively pushed forward and engineered without our knowledge. It is a project that may have a major impact on the quality and tranquility of our neighborhood as well as a wonderful natural habitat that is Prefumo Creek. Before we state our concerns about the proposed impact on our neighborhood;we would like to know the following: 1. What are the specific.problems that this bridge and path project are intended to solve? .2. 'What studies have been done that dearly define the problem? 1 P14J.- 6 ct Attachiment 3 3. What makes the existing crosswalks,crossing guards,traffic lights,and public sidewalks in the area inadequate or more unsafe than what this bridge project offers? 4. How will this project improve the safety and welfare of the students on their way to and from school? S. How many,or what percentage of the LMS students,will.benefit from this bridge? 6. Why will students choose to use this bridge over their existing paths to and from their after- school destination? 7. Was there an assessment of the impact of this project on the Laguna Shores neighborhood? 8. Was there an environmental impact study done to determine the impact on the natural habitat as well as the neighborhood living quality? We have many concerns about the effect this project may have on our neighborhood. But first, we would like to remind the Public Works and Planning Dept members of some of the history of the creek in this area and our experience with some of the middle school students. A number of years back,we were having multiple problems with LMS students using the creek as a gathering place and hideaway. We who live along the creek were experiencing continuing problems caused by kids slipping through the fence between the city park and the creek. Among the problems we experienced,and were continually policing on our own,were: 1. Trash thrown in the creek z Cussing,loud gatherings,smoking. 3. Pot smoking. 4. The threat of brush fires caused by smoking and matches. 5. Neon light tubes taken from trashcans being broken in the creek against trees. 6. Mail removed from neighborhood boxes and thrown in the creek. 7. Students trespassing on private property. 8. Damage to private property adjacent to the creek. These Problems ended when the fence was finally repaired to prevent kids from slipping through from the park to the creek. In addition to children causing problems,there have been numerous instances of transient encampments including drug paraphernalia remnants and empty alcohol containers,within the shrubbery that lines the creek. There was one instance of someone being threatened with a knife in the creek. We are extremely concerned that these problems are being reintroduced by this project. And, they may be compounded by an inviting;unsupervised,lighted,passageway. Laguna Shores was dearly not designed to have a public bike and pedestrian path through it. Newer neighborhoods that were designed for these elements usually manage to keep problems to a minimum by proper separation of those pathways and the homes....integrated into the overall planning. This project will be channeling children on their way to and from school and setting them free into our Plb--70 Attachment neighborhood that was not designed for it It is our estimation that between the park and the school, there will be numerous opportunities for jaywalking and dangerous mixtures of cars and kids. Children cannot be depended upon to stay on the preferred sidewalk path. It is our experience that they will take the shortest path.......diagonal across a corner at the junction of Vista del Lago and La Virada. We who live here know it is common to have speeding cars make that tum on a regular basis. A very dangerous mix. The following are our opinions and conclusions: 1. The construction of this bridge and this path will mean a return to the problems we experienced and remedied many years ago. 2. The bridge will bean"Attractive Nuisance" -the bridge and its paths would become an unsupervised,semi-hidden attraction where kids can get into trouble. Open Windermere garage doors that parallel the proposed path might prove to be an inviting problem as well. 3. The children will still have to cross several streets to get to and from the bridge.The bridge solution just moves the conflict between children and cars to different and potentially more problematic locations. 4. The distance of travel is not much different, if at all,from the distances they travel now in walking to the Oceanaire neighborhood. The money being spent is for safe Passage,not student convenience. 5. There will be no improvement,and,in fact,a greater degree of interaction between pedestrians and cars is likely at the Vista del Lago curve. 6. The quality of life in the 30 year old Laguna Shores neighborhood may be greatly impacted in terms of noise and loss of privacy,and the return of known problems that we have experienced in the past. 7. Each day,morning and afternoon,the noise of transiting students will be invasive to Laguna Shores residents near the creek and path.........and the residents along the creek on the other side as well. Bike travelers across the bridge will arrive at a street with no bike path. They will be forced into the street or to ride their bike on the sidewalks. Both avenues seem unacceptable. 8. Many residents along both sides of the creek will experience a great loss of privacy as views from the bridge will be directly available into their homes. We are concerned that the bridge could become a staging platform for opportunistic burglaries. 9. We do not see any improvement in student safety offered by this bridge solution that is better than the existing sidewalks,crosswalks,crossing guards,stop signs and stop lights. 10. The bridge solution is akin to killing a fly with a sledge hammer. The cost is not commensurate with the problem. And the potential of creating new and additional problems may be worse than the original issue of student safety. 11. We wholeheartedly believe that any concerns about students using the sidewalk along Los Osos Valley Road can be solved,if truly necessary, by the city's own"Alternative Path"shown on the aerial map of the proposed project. That is by moving the sidewalk inland of the road and putting planters between the road and the new sidewalk. 3 Attachment 3 LAGUNA SHORES HOMEOWNERS ASSOC. BOARD OF DIRECTORS YOST MANAGEMENT 2251 BROAD ST.SUITE C SAN LUIS OBISPO,CA.93401 5434321 yostmanagmentAwl.com PRESIDENT Dan Hathaway home 549-8405 1364 Vista Del Lago daneboync-ha ter net or dlhy[a)pge.com VICE FRES. Jordan Hosea home 234-7799 1350 Vista Dei Lago iordanAncredibleedbles_net SECRETARY Sharon Seymour• home 543-9307 1295 Vista Del Logo slosevmouKakhartennet TREASURER Danielle Lloyd home 459-5330 1299 Vista Del Lap princessllovdie a'hotrnail.com MEMBER Carol Stine Cad's cell 748-1996 AT LARGE 1291 Vista Del Lap donstinefakbarter net MEMBER Jon Pugler home 5941228 AT LARGE 1270 Vista Del Lap ion a recruit-me.com MEMBER Joe Jennie home 788-0404 AT LARGE 1374 Vista Del Lago 'Sharon is the contact for any Imtdscaping issues Pia- 7a- Attacher 3 Attachment 6 ��i��i�lllillflllllll pnli►►►►i Illi t C1W Iillllllill Of SAn hAl OBISPO Community Development Department• 919 Palm Street, San Luis Obispo, CA 93401-3218 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER#74-09 1. Project Title: Vista Lago Park Bridge 2. Lead Agency Name and Address: City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Pam Ricci, Senior Planner(805) 781-7168 4. Project Location: 1269 Vista Lago City of San Luis Obispo 5. Project Sponsor's Name and Address: City of San Luis Obispo Public Works Department 990 Palm Street San Luis Obispo, CA 93401 Attn: Mike McGuire 6. General Plan Designation: Conservation/Open Space 7. Zoning: Conservation/Open Space(C/OS-40) 8. Description of the Project: The applicant is proposing to install a pedestrian/bicycle bridge over Prefumo Creek that will provide an important linkage between the Oceanaire and Laguna Shores neighborhoods. With installation of the bridge, a bicycle path will be created which extends from the Vista Lago street right-of-way to Oceanaire Drive. The pathway will extend through the Vista Lago Mini Park to the bridge and will connect to another path on the other side of Prefumo Creek, which is located on the northeast side of the Windemere Condominiums (see Figure 1). The bridge will promote safe routes to school for Laguna Middle School and CL Smith Elementary School children. �EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` Telecommunications Device for the Deaf(805)781-7410. ?-— 7 3 Attachment 3 The proposed Corten steel bridge will have free span type of construction to limit intrusion into the riparian corridor. It is proposed to be about 12 feet in height and have a span of about 200 lineal feet. The pre-fabricated bridge will.be placed on two abutments constructed outside of the creek banks and the construction window is August 15-October 31 n. A. crane will be used to install the bridge onto the abutments. There will be ground disturbance for installation of the abutments at the edge of the riparian corridor away from the main channel and some trimmimng and limb removal of trees. A designated path leading from the bridge to Oceanaire Street through the Windemere Condominiums is also a part of the ultimate project. To accommodate this path, two parking spots will be relocated,requiring new pavement striping but no ground disturbance. 9. Surrounding Land Uses and Settings: Figure 1 The proposed project site supports Area Of Potential Impact Map: .Prefumo Creek Bridgi wetland vegetation; however no hydric soils are known to exist in the affected area. Vegetation consists mainly of a mixture of disturbed grassland, riparian willow, and upland species (see Figure 2). Surrounding land uses include the Laguna Middle School to the northwest, the Vista Lago Mini Park on the north, and several residential developments to the west, east and south. 10. Project Entitlements Requested: . 7 apt Environmental review, Architectural ? Review Commission approval, and a creek setback exception. 11. Other public agencies whose approval is required: California Department of Fish and Game (CDFG): If the CDFG determines that the-project may adversely affect existing fish and wildlife resources, Windermere Condominiums a Lake or Streambed Alteration Agreement is required. Scale 7'=100' -Creeks ®Area of Potential Imp 0 zs w IN M zoo SL0` G1. Feet Staging Area QTY`OF SAN Luis OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 nr��- -7'1 �!� • i 1.5 • 1 }15 xl h S i r 1 ? 1 Ir X Y � �LqY SA \yr • T• '.,� � .J f f ,.• IY '.4 y•�.�b w a B \4�T a• 1 I M I_.,.i I i Isla S'S i1 J -C+ ��.• 1 _ , IF Ma IF WDE 1� 1 � �� �� ` tK I /- �f IY II .`C I 1.0 ♦� �.Y -`7 f }� )'..I 1 jy1�I 11 -71i JS .'1 ' �'-t✓ / - IJ 'Al •1 1 1" 1 1 1 1 1 •1 • 1 1 1- •I 1 1 1 1 • I" I" Attachment ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ,X_ —X— Aesthetics Geology/Soils Public Services —X— Agricultural Resources Hazards&Hazardous Recreation _. Materials —X— _X_ Air Quality Hydrology/Water Quality Transportation&Traffic —X_ Biological Resources Land Use and Planning Utilities and Service Systems —X— _X_ Cultural Resources Noise Mandatory Findings of Sigdificance _ Energy and Mineral Population and Housing Resources FISH AND GAME FEES There is no evidence before the Department that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minims waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish —X— and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more —X— State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CIW OF SAN Luis OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 PNa.-7b Attachment 3 DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, --X-- there will not be a significant effect in this case because revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or"potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 12- JUL 101 Signatur Date For:John Mandeville, Doug Davidson,Deputy Community Development Director Community Development Director CITY OF SAN LUIS OBISpo 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 P#.;L— ! 7 Attachment EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g. the project falls outside a fault rupture zone). A"No Impact''answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2. All answers must take account of the whole action involved,including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any,used to evaluate each question. 3. "Potentially Significant Impact'is appropriate if there is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Code of Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. In this case,a brief discussion should identify the following CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 P/ta-- 76 - � 4) Attachment 3 a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 7 !" Hg 7 / Issues, Discussion and Supporting ation Sources Sources Potenfially Less Than No Significant Significant Significant Impact ER #74-09; 1269 Vista Lago Issues Unless Impact Mitigation Inc orated 1.AESTHETICS. Would theproject: a) Have a substantial adverse effect on a scenic vista? 1 -X-- b) Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,open space,and historic buildings within a local or state scenic highway? c) Substantially degrade the existing visual character or quality of 1 --X-- the site and its surroundings? d) Create a new source of substantial light or glare which would 1,2 adversely affect day or nighttime views in the area? Evaluation a-c) The City has Community Design Guidelines which provide guidance to project designers on site and building design and other details.Improvements to City of San Luis Obispo properties and facilities require some form of architectural review. In this case, the proposed scale of the bridge and interest expressed by the community to review and comment on plans determined that the project warranted review by the Architectural Review Commission(ARC). The ARC will review plans to address aesthetic concerns and to assure that development is consistent with adopted guidelines.The Zoning Regulations also provide the ARC with the discretion to act on the necessary creek setback exception to allow the proposed pedestrian bridge. The area of the Prefumo Creek corridor where the bridge is proposed is heavily vegetated with willows, assorted grasses, and some intrusive ornamentals. Along with evergreen tress and other shrubs along the perimeter of the park and surrounding residential projects, this provides a dense vegetative screen between the proposed bridge and adjacent properties which minimizes potential aesthetic impacts. To assist neighbors with understanding the location and scale of the bridge, the City erected story poles in the creek corridor illustrating the bridge deck level and average line-of-sight. The City has also commissioned a 3-D perspective video to further illustrate what the proposed bridge will look like in its setting. This video will be available at the ARC hearing for both the Commission and neighborhood to view. Conclusion: Less than Significant. d)Because of the proximity of the site to an existing established residential neighborhood,compatibility issues are especially important with the review of this project. As previously discussed,the existing canopy of vegetation in the riparian area will screen views of the bridge. In addition,the substantial depth of the corridor helps to diminish the impacts of the new construction. The ARC routinely reviews all exterior lighting locations and details with its consideration of project plans. The existing ARC process provides for adequate review,to assure that all fixtures direct light downward and prevent light trespass onto adjacent properties. However,given the sensitivity of neighbors to potential glare issues from the site,the following mitigation measure is recommended to explicitly document what is expected with project lighting. Conclusion: Potentially Significant Impact unless mitigation incorporated. Mitigation Measure: Bridge lighting shall be limited in intensity and scale necessary for security and safety and shall be designed not to shine offsite in conformance with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 f the Zoning Regulations. .All exterior lighting shall be shielded down-lights that do not shine skyward or spill onto adjacent properties to the review and approval of the Architectural Review Commission(ARC).Construction plans shall include details of light fixtures with illumination levels and shielding mechanisms. _ 2.AGRICULTURE RESOURCES. Would the ro'ect: a) Convert Prime Farmland,Unique Farmland,or Farmland of __}— Statewide Importance(Farmland),as shown on the maps_ CITY OF SAN LUIS OBISpo 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 PH61 �fU x Issues, Discussion and Supportirsy-.01 oration Sources Sources Poted.._..:1_ Potentia y s Ian �1 Significant Significant Significant Impact ER #74-09; 1269 Vista Lago Issues Unless Impact Mitigation Incorporated pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural use or a -X_ Williamson Act contract? c) Involve other changes in the existing environment which,due to -X their location or nature,could result in conversion of Farmland to non-agricultural use? Evaluation a-c) The project area does not contain prime agricultural soils, has no agricultural uses, and is not zoned for agricultural purposes. Conclusion: No impact. 3. AIR QUALITY. Would the projecL a) Conflict with or obstruct implementation of the applicable air 3,4 LX qty plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 4 LX-= concentrations? e) Create objectionable odors affecting a substantial number of people? Evaluation b,d)During project construction there will be increased levels of fugitive dust associated with construction and grading activities,as well as construction emissions associated with heavy-duty construction equipment.Construction-related emissions would primarily be dust(particulates)generated from soil disturbance and combustion emissions generated by construction equipment.Such dust generation was determined to be a potentially short-term significant impact on air quality that could lead to established state and federal thresholds for regional or local air quality being exceeded or potential conflicts arising with City and County air quality plans or programs.The City has addressed these construction related impacts through standards in the Grading Ordinance.Compliance with these standards is monitored during the building permit plan check process and by field inspections conducted by Building Division inspectors. Conclusion: Potentially significant unless mitigation incorporated. Mitigation Measure: During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition,the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the City Public Works Department prior to commencement of construction. CITY OF SAN Luis OBISPO 9 INITIAL STunY ENVIRONMENTAL CHECKLIST 2007 Pte-- �� Issues, Discussion and Supportiry:i.. atlon Sources Sources Potent.__! I Potentia y 's0& Significant Significant Significant Impact ER#74-09; 1269 Vista Lago - Issues MUati igati n Impact p Inc orated a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed(non-potable) water should be used whenever possible. c. Dirt stock pile areas(if any)should be sprayed daily as needed. d. All areas disturbed by construction shall be re-vegetated with plant materials to the approval of the City Biologist and Department of Fish&Game. e. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. f. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)in accordance with California Vehicle Code Section 23114. 4. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect,either directly or through _ habitat modifications,on any species identified as a candidate, sensitive,or special status.species in local or regional plans, : policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? .b) Have a substantial adverse effect,on any riparian habitator 2 -X-; other sensitive natural community identified in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? -c) Have a substantial adverse effect on federally protected wetlands I X as defined in Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool,coastal,etc:)through direct removal,filling,hydrological interruption,or other means? Interfere substantially with the movement of any native resident T or nrigratory fish or wildlife species or with established"native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting !-X biological resources,such as a tree preservation policy or ordinance? f)' Conflict with the provisions of an adopted habitat Conservation Plan,Natural Community" Conservation Plan,or bther approved local,regional,or'state habitat conservationplan? Evaluation: a-f) A Natural Environment Study and a Biological Assessment were prepared by the City's Natural Resources staff in June of 2009. These two documents provide a thorough inventory of the sensitive plant and animal species within the riparian environment, describe permitting requirements, and outline mitigation measures to be followed prior to and during project construction. These documents are incorporated into this initial study by reference and are available in PDF documents to interested reviewing agencies. The cutting of all vegetation will be preformed by hand crews.Vegetation will be cut during winter months to avoid impact to nesting buds. Crews will hand broadcast native grass seed to all disturbed areas. No construction will occur in the live creek or in flowing water. A qualified biologist will conduct pre-activity surveys for nesting birds, Steelhead trout, and California red legged-frog. Prior to any construction, a Service approved biologist will conduct a training session for all construction personnel. The training session will include, but is not limited to a description of the California red-legged frog and its i! Cm OF SAN Luis OwsPo 10 INmAL STUDY ENVIRONMENTAL CHEcKusT 2007 Pita- �fd- i Issues, Discussion and SupportiRg ,i�. ation Sources Sources Potw�._ - otenua y Significant Significant Significant Impact ER#74-09; 1269 Vista Lago Issues Unless Impact Mitigation Incorporated habitat, the measures that are being implemented to conserve the California red-legged frog specific to this project, and the boundaries with-in which the project may be accomplished. The project site is a corridor for migrating Steelhead trout, although typically dry during summer months when construction would take place. The project will impact critical Steelhead trout habitat temporarily, but ultimately result in an enhanced microbabitat from the shade of the bridge. The project site offers habitat to California red-legged frog (CRF), however no CRF have been sited in the vicinity of the proposed project site. The nearest sighting of a CRF was 1.36 miles away and located in a biological sink. Many bullfrogs have been sighted in the vicinity of the proposed project area; bullfrogs are known to predate on the CRF.No federally listed or sensitive plant species are known to exist in the proposed project area. Conclusion:Potentially significant unless mitigation incorporated. Mitigation Measures: .. Community Development Department, Planning Division staff recommends a number of mitigation measures to reduce potential direct impacts to species,erosion control measures to reduce impacts,and dewatering of the project area to minimize impacts to any aquatic species which may be in the vicinity of the project site, which were recommended in prepared biological reports previously cited or added after additional consultation with the staff of affected agencies including the Department of Fish & Game. These mitigation measures are listed in the comprehensive list of mitigation measures at the end of this initial study. b)The City's Creek Setback Ordinance(Section 17.16.025 of the zoning regulations)formally adopted setbacks for new development along designated City creeks. At this location,a minimum of a 20-foot setback for buildings and other improvements from the top of the creek bank,or from the edge of the predominant pattern of riparian vegetation,whichever is greater,must be maintained. This setback was determined to be efficient to allow for substantial tree planting between the creek banks and adjacent structures,and minimizes the need for future creek improvements for flood management and protection of structures. The project involves the installation of a free-span pedestrian bridge and intersecting bicycle and pedestrian pathways that occupy portions of the creek setback area.While this type of free span bridge by its design minimizes impacts to the riparian corridor since support piers would be located above the top of creek bank, it has been determined that bridges are subject to the City's creek setback regulations. Therefore, the project requires approval of an exception to the City's Creek Setback Ordinance. The intent of the Creek Setback Ordinance is to protect scenic resources, water quality, and natural habitat, including opportunities for wildlife habitation, rest and movement. Based on a site visit and input from the City's Biologist, it was determined that granting a setback exception to allow the pedestrian bridge would not result in significant environmental impacts due to the location and the free span design of the bridge. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites that are subject to creek setbacks, where is no practicable alternative to the exception. Conclusion: Less than significant impact. Exceptions may be granted for bridges, if the design of the creek crossing minimizes impacts to the creek corridor. With proposed mitigation measures outlined in this initial study; the bridge itself will not create significant biological impacts. The ordinance lists eight findings that must be made in order to approve the exception. The Architectural Review Commission will be required to evaluate each of the findings to determine if the appropriate conditions exist for the exception. The ARC will review the analysis and mitigation strategies contained in the initial study and discussion included in the staff agenda report,to determine whether proposed findings for the needed creek setback exceptions can be made. S.CULTURAL RESOURCES. Would theproject: Cause'asubstantial advdr-g- hange rn.tlf$stgnific'ance:of CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 P�t� 93 Issues, Discussion and Supportin5,P.. ation Sources sources Potentpo Significant Signi can gni C u ER #74-09; 1269 Vista Lago Issues Unless Impact Mitigation Incorporated historic resource as defined in CEQA Guidelines§15064.5. -b) Cause a substantial adverse change in the significance of an 78 archaeological resource pursuant to CEQA Guidelines §15064.5) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains,including those interred outside of formal cemeteries? Evaluation: b)The project site is considered to be an archaeologically"sensitive area"because it is within 200 feet of the top of the bank of Prefumo Creek. This designation requires that the applicant contract with a certified archaeologist to perform a surface survey and prepare a report of findings. Applied Earthworks,Inc. in August 2009 prepared an Archaeology Survey Report, which is incorporated into this initial study by reference. No archaeological deposits were identified as a result of the fieldwork conducted for this report. While no archaeological resources were discovered,it is possible that resources could be uncovered with project construction. The following measures are recommended to mitigate any potential archaeological or cultural impacts to a level of insignificance. Conclusion: Potentially Significant Unless Mitigation Incorporated. Mitigation Measures: If excavations encounter significant paleontological resources,archaeological resources or cultural materials,then construction activities that may affect them shall cease until the extent of the resource is determined-and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. If pre-historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. 6. GEOLOGY AND SOILS. Would the rgiect: a) Expose people or structures to potential substantial adverse _}{_ effects,including risk of loss,injury or death involving: I. Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. 11. Strong seismic ground shaking? M. Seismic-related ground failure,including liquefaction? ,_X__ IV. Landslides? __X__ b) Result in substantial soil erosion or the loss of topsoil? ;--X-- c) Be located on a geologic unit or soil that is unstable,or that __X__ would become unstable as a result of the project,and potentially result in on or off site landslide,lateral spreading,subsidence, liquefaction or collapse? d) Be located on expansive soil,as defined in Table 1802.3.2 of the 9 __X__ California Building Code(2007),creating substantial risks to life or roe ? CnY OF SAN LUIS OBispo 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 Plu �`! A 1n Issues, Discussion and Supportirf, .j.. ation Sources Sources Poted,- ;� Po ti s of Significant Significant Significant Impact ER #74-09; 1269 Vista Lago Issues unless Impact Mitigation Inw orated e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? . Evaluation: a-e) The project site is located within Seismic Zone D, a region of relatively high seismicity, and has the potential to experience strong ground shaking from earthquakes on regional and/or causative faults. A foundation report was prepared by Earth Systems Pacific dated September 30, 2009 and incorporated into this initial study be reference.The scope of work for this report included a general site reconnaissance, subsurface exploration, geotechnical; and corrosivity laboratory testing of selected soil samples,and geotechnical evaluation of the date collected. Due to the potential for excessive total and differential settlement from seismically-induced liquefaction,and the potential for excessive total and differential settlement of shallow foundations under static loads, the abutments and end walls for the proposed bridge structure should be supported by deep foundations bearing in the competent alluvium and older alluvium found below the zone of potentially liquefiable material. The project site consists of moderately expansive soils; a recommendation has been made to mitigate the expansive soils by excavating the existing soil and replacing it with a non- expansive soil or aggregate. Based on the existing conditions of the site, the potential for seismic slope instability and landslide potential is expected to be low. Conclusion:Potentially significant unless mitigated. Mitigation Measure: Grading and construction of the bridge and other improvements shall be designed and performed in compliance with the submitted foundation report. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the Pro'ect: ,ii) Create a significant hazard to the public or the environment LAX through the routine use,transport or disposal of hazardous materials? b) Create a significant hazard to the public or the environment L-X-= through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely rX- hazardous materials,substances,or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous _X—. materials sites compiled,pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip,would the X-- project result in a safety hazard for people residing or working in the project area?. g) Impair implementation of or physically interfere with an adoptedX- emergency response plan or emergency evacuation plan? b) Ex se people or structures to a significant risk of lose,in'ury, CITY OF SAN LUIS OBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 Pha - Si�- f' Issues, Discussion and Supportirry- ation Sources Sources Poten�__. Potentia t y Significant Signifitn}� I ER#74-09; 1269 Vista Lago Issues unless Impact Mitigation Incorporated or death-involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences,are intermixed. with wildlands? Evaluation: h) Whenever petroleum-fueled vehicles or equipment are used, there is a potential for accidental releases. The creek is especially sensitive to such contamination. Project specifications will include requirements for spill avoidance and prompt reporting and clean-up.(See"Mitigation Measures"section.) Conclusion:Potentially significant unless mitigation incorporated. Mitigation Measure: Hazardous materials transfers, fueling, and other use of chemicals shall be restricted to staging areas away from the project site. 8. HYDROLOGY AND WATER QUALITY. Would the roiect: a) Violate any water quality standards or waste discharge !-X requirements? b) Substantially deplete groundwater supplies or interfere .-X--, substantially with groundwater recharge such that there would be a net deficit in aquifer volume or'a lowering of the local groundwater table level(e.g.the production rate of pre-existing r nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 'c) Substantially alter the existing drainage pattern of the site or X area,including through the alteration of the course of a stream.or river,in a manner which would result in substantial erosion or siltation oaor offsite? d) Substantially alter the existing drainage pattern of the site or X! area,_including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? e) Create or contribute runoff water which would exceed the X-= capacity of existing or planned storm water drainage systems or provide substantial additional sources ofpolluted runoff? f) Otherwise substantially degrade water quality? --X g) Place housing within a 100-year flood hazard area as mapped on --X_ - a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? li) Place within a 100-year flood hazard area structures which 10 --X-= would impede or redirect flood flows? i) Expose people or structures to significant risk of loss,injury or -.X-- death involving flooding,including flooding as a result of the failure of a levee or dam? ") Inundation by seiche,tsunami,or mudflow? --X-- Evaluation: CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 P14 a- - ffb Issues, Discussion and Supporting.).. rmation Sources Sources Potent__ Potential( \ <' Significant Signifi t N ER #74-09; 1269 Vista Lao Issues unless lt�act 9 Mitigation co orated a j) The proposed project site is located within a 100-year flood zone. The proposed free span bridge by design will not impede storm flows or trap debris within the channel as abutments and support piers will be placed above the top of creek bank. The City conducts silt removal in the location of the proposed project site,and has determined no special actions or new permits are required for silt removal after the installation of the bridge. Improvements associated with the project will not significantly alter drainage in the area and would not impact water supply or waste discharge standards. The bridge will be designed to comply with the City's Waterways Management Plan. In addition, to control sedimentation during and after this project implementation, the Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits, issued under the authorities of the Clean Water Act that it receives for the specific project. Conclusion: Less than significant. Mitigation Measure: Although drainage will not be substantially affected and impacts are considered "less than significant", relevant best management practices are listed in the comprehensive list of recommended mitigation measures. 9. LAND USE AND PLANNING. Would the ro'ect: a) Physically divide an established community? --X-= ,b) Conflict with any applicable land use plan,policy,or regulation 11 X= of an agency with jurisdiction over the project adopted (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural X- communi conservation lan? Evaluation: a)The project by design will provide an important linkage between neighborhoods;therefore,it will not divide an established community. b)The San Luis Obispo City Council approved an update to the Bicycle Transportation Plan(BTP)in May of 2007.The BTP identifies a network of bike paths to encourage the public to reduce air pollution and also aims to enforce public safety.The proposed path is consistent with the BTP and will allow recreational users and non-motorized commuters a safe alternative to travel,keeping school children off of the heavily trafficked Los Osos Valley Road,Laguna Middle School and CL Smith Elementary Schools will significantly benefit from the installation of the bridge. The project is also consistent with the site's Conservation/Open Space zoning and land use with its limited improvements and environmentally sensitive design which encourage the use and appreciation of the natural environment by the public. c)With the mitigation measures included in this initial study,the riparian habitat will not be adversely affected. Conclusion: No impact. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral _-X--_ resource recovery site delineated on a local general plan, specific plan or other land use plan? Evaluation: CITY OF SAN Luis OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHEcKLIsT.2007 Ptta- 97 � f Issues, Discussion and Supportirit�:_, rmation Sources Sources Poten!_,!_ Potentially >less Significant Significant Significant Impact Issues Unless Impact ER#74-09; 1269 Vista Lago Mitigation Inc orates a-b)There are no known mineral resources in vicinity of the project area that will be affected by bridge construction. Conclusion: No impact. 11.NOISE. Would the IDroject result in: _ a) Exposure of persons to or generation of noise levels in excess of! standards established in the local general-plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne 12 vibration or groundborne noise levels? :c) A substantial permanent increase in ambient noise levels in the -X-- project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise 12 !-X— levels in the project vicinity above levels existing without the project? - e) For a project located within an airport land use plan,or where �- such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? fj For a project within the vicinity of a private airstrip,would the !�X project expose people residing or working.in the project area to excessive noise levels? Evaluation: b,d,f) Noise and ground borne vibrations may occur during construction. However, the temporary noise and vibration will have less than significant impacts since construction will be during daytime hours and temporary in nature. Conclusion: Less than significant 12. POPULATION AND HOUSING. Would theproject: 'a) Induce substantial population growth in an area,either directly :-X (for example, by proposmg new homes or 'businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating X the construction of replacement housing elsewhere? c) Displace substantial ntunbers of people, necessitating the -X- construction of replacement housing elsewhere? Evaluation: a-c) The installation of the proposed bridge will not induce population growth, nor will it displace any existing housing. The purpose of the bridge is to connect the Laguna Shores and Oceanaire communities and provide safe routes to school for elementary and middle school children. Conclusion:No impact. 13.PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: CITY OF SAN LUIS OBispo 16 INMAL STUDY ENVIRONMENTAL CHECKLIST 2007 � � (0 Issues, Discussion and Supporting .-. rmation Sources Sources Potent.., Potenriall d Significant Significant i cant t�npac ER #74-09; 1269 Vista Lago Issues unless Impact gation Inco orated a) Fire protection? !.X_ b) Police protection? t_7{_ c) Schools? k_X_; d) Parks? .e) Other Other ublic facilities? _X_! Evaluation: a-e)No potential impacts have been identified to any public services Conclusion:No impact. 14.RECREATION. Would theproject: 'a) Increase the use of existing neighborhood or regional parks or L_X other recreational facilities such ihat substantial physical. deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or -X-= expansion of recreational facilities which might have an adverse physical effect on the environment? _ Evaluation: a-b) The proposed bridge will be an enhancement to the existing Vista Lago neighborhood park and a benefit to surrounding neighborhoods in terms of providing an important pedestrian connection. Conclusion:No Impact. 15. TRANSPORTATION/TRAFFIC. Would theproject: a) ,Cause an increase in traffic which is substantial in relation to the -X-! existing traffic load and capacity of the street system(i.e.,result in asubstantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or.congestion at intersections)? b) Exceed,either individually or cumulatively,a level of service ){ standard established by the county congest on,management , agency for designated roads-and highways? c) Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to design features(e.g.,sharp X__1 curves or dangerous intersections)or incompatible uses(e.g. farm equipment)? e) Result in inadequate emergency,access? t) Result in inadequate parking capacity? g) Conflict with adopted policies,plans,or programs supporting alterative transportation(e. .bus turnouts,bicycle racks)? Evaluation: a-f)The proposed bicycle bridge does not affect any of these issue areas. g) The proposed bridge and path is consistent with the City's Bicycle Transportation Plan and will allow recreational users and non-motorized commuters a safe alternative to travel, keeping school children off of the heavily trafficked Los Osos CITY OF SAN Luis OBISPO 17 INITIAL STUDY ENVIRONMENTAL CHEt KusT 2007 P�� 07 Issues, Discussion and Supportiri'y" ) rmation Sources Sources Potent>>„ PotentialdA Significant Signific t F 1 E� r.) ER#74-09; 1269 Vista Lago Issues Unless Impact Mitigation Incorporated Valley Road. Conclusion:No impact 16.UTILITIES AND SERVICE SYSTEMS. Would the ro'ect: a)' Exceed wastewater ireatment requirements'of the applicable X 7 Regional Water Quality Control Board? 'b) Require or result in the construction or expansion of new water ,-X or wastewater treatment facilities or expansion of existing facilities,the construction of Which could cause significant environmental effects? "e) Require or result in the construction of new storm waterX—; drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d) Have sufficient water supplies Available do serve the project from existing:entitlements and resources,or are new and expanded entitlements needed? Result in a determination by the wastewater treatment:provider —X which serves or may serve the project that it has adequate - capacity to serve the project's projected demand-in addition to the provider's existing commitment? ') Be served by a landfill with sufficient permitted capacity to !-X k, accommodate the project's solid waste disposal needs? Comply with federai,state,and local statutes and regulations X related to solid waste? Evaluation: a-g)The proposed project does not affect any of these issue areas. Conclusion: No impact. 17.MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaien to eliminate a plant or animal community,reduce the numberor restrict the range of a rare or endangered plant or animal or eliminate important examples of the Major eriods'of California history or prehistory? . The proposed project site is a corridor to migrating steelhead trout; however this stretch of creek falls subsurface during the summer months,when construction is to take place.The end result is the shade the bridge will provide will ultimately enhance the steelhead trout microhabitat in this stretch of corridor. The project area supports the California red-legged frog (CRF) habitat. No CRF have been sighted within 1.36 miles of the proposed project area. With the recommended mitigation measures there is not likely to be any adverse affects. b) Does the project have impacts that are individually limited,but --X- cumulatively considerable? ("Cumulatively-considerable" means-that the incremental effects of a project ire considerable when viewed in connection with the effects of the past projects, the effects of other current projects;and the effects of probable futureprojects) CITY OF SAN Luis Osispo 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 _ Ppa-- 70 /lam Issues, Discussion and Supporting rmation Sources Sources Poten�J Potentia ` i�[�rS Significant Sigm Iicaant 1 1 i ER #7409; 1269 Vista Lao issues Unless Impact 9 Mitigation Inc orated The impacts identified in this initial study arespecific to this project and would not be categorized as cumulatively significant. c) Does the project have environmental effects which will cause -X-; substantial adverse effects on human beings,either directly or indirect) ? With the incorporation of mitigation measures,the project will not result in substantial adverse impacts on humans. 18.EARLIER ANALYSES. Earlier analysis may be used where,pursuant to the tiering,program$IR,or other CEQA process,one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: - _a) Earlier analysis used. Identifyearlier analyses and state where the are available for review. A number of technical reports previously cited and listed below were prepared to evaluate the potential impacts of this project. The project previously was issued a Programmatic Categorical Exclusion for National Environmental Policy Act (NEPA)clearance(Attachment 3). ,b) Impacts adequately ad(Wessed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. N/A 'c) Mitigation measures For effects that are "Less than Significant with Mitigation Incorporated,"describe the mitigation measures.which were incorporated or ieftied from the earlier document and the extent to which they address site-specific c_onditigns of the project. N/A 19. SOURCE REFERENCES. 1. Community Design Guidelines,May 2008. 2. City of San Luis Obispo Zoning Regulations,August 6,2009. 3. Clean Air Plan for San Luis Obispo County,Air Pollution Control District,2001 4. CEQA Air Quality Handbook,Air Pollution Control District,2003 5. City of San Luis Obispo Natural Environmental Study,June 2009. 6. City of San Luis Obispo Biological Assessment,June 2009. 7. City of San Luis Obispo Archaeological Resource Preservation Program Guidelines,October 2009. 8. Archaeology Survey Report prepared by Applied Earthworks,Inc.,August 2009. 9. Foundation Report prepared by Earth Systems Pacific dated September 30,2009. 10. City of SLO Waterways Management Plan. 11. City of San Luis Obispo Bicycle Transportation Plan,May of 2007. 12. City of SLO General Plan Noise Element&Guidebook,May 1996 Attachments: 1. Vicinity map a�ktU'tn4 earkler 2. Project plan 3. Programmatic Categorical Exclusion for NEPA clearance(SR2SF-Prefump Creek Pathway) CITY OF SAN LUIS OBISPO 19 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 p4zi_- Q1 Issues, Discussion and Supporting-.7:— rmation Sources Sources porezt=4_ > t�' Significant Sign . t ER #74-09; 1269 Vista Lago Issues UnlessImpact Mitigation Incorporated REQUIRED MITIGATION AND MONITORING PROGRAMS AESTHmcs MITIGATION Reduction of Light and Glare 1. Bridge lighting shall be limited in intensity and scale necessary for security and safety and shall be designed not to shine offsite in conformance with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 f the Zoning Regulations. All exterior lighting shall be shielded down-lights that do not shine skyward or spill onto adjacent.properties to the review and approval of the Architectural Review Commission(ARC).Construction plans shall include details of light fixtures with illumination levels and shielding mechanism • Monitoring Program: The ARC will review development plans for the project.City staff,including Planning and other departments,will review plans to assure that all of the ARC's requirements related to lighting are compliant with the MASP provisions and have been incorporated into working drawings. City building inspectors will be responsible for assuring that all fighting is installed pursuant to the approved lighting plan. AIR QUALITY MITIGATION Short-term Construction Impacts 2. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and,building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary,to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the City Public Works Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed(non-potable) water should be used whenever possible. c. Dirt stock pile areas(if any)should be sprayed daily as needed. d. All areas disturbed by construction shall be re-vegetated with plant materials to the approval of the City Biologist and Department of Fish&Game. e. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. f All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with California Vehicle Code Section 23114. • Monitoring Program: Community Development Department staff will insure that project plans incorporate the mitigation measures.City Engineering staff will inspect the construction operations to verify conformance with specifications and mitigations. CITY OF SAN LUIS OBispo 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 a- Issues, Discussion and Supportin>y .—Armation Sources Sources pote��,W'_ s,gniLnt s�m ER#74-09; 1269 Vista Lago Issues Unless Impact M,tigation Incorporated BIOLOGICAL RESOURCES MITIGATION Vegetation,CRF,and South-central California steelhead 3. All staging work will be in clearly designated and flagged areas from the proposed alignment and previously disturbed areas to avoid inadvertent disturbance of existing riparian vegetation or damage to associated root systems of trees. Any new proposed staging area will be first inspected by the City biologist or other qualified monitor(MR 1). . 4. Prior to commencement of construction, the City biologist or qualified biological monitor will clearly mark with visible flagging the extent of the work area in sensitive sites (e.g., near the top of the creek banks or riparian vegetation, and ensure that no trees are impacted)(MR 2). 5. Exclusionary fencing will be installed around the work area on either side of the top of bank when working near Prefumo Creek.This will serve to keep animals out of the worksite and keep material from leaving the site(MR 3). 6. All areas of disturbed soil will be stabilized to prevent erosion(MR 4). 7. Heavy construction equipment shall be restricted to the project area or established.staging areas(MR 5). 8. If willows are removed during the project, they will be replanted at a 2:1 ratio. The willows shall be installed from cuttings of the adjacent, unaffected willows;or if feasible,cuttings will be directly installed from willows that need to be trimmed for bridge installation (i.e., trimmings will be planted near the work area immediately after they are removed). The replanting will occur in the open, exposed area of the floodplain immediately upstream of the bridge crossing. The willows will be monitored and maintained until successfully established(MR 6). Nestine Birds 9. If possible, the project should be completed without removal/trimming of willows. If willow removal/trimming is necessary it should be conducted in late winter prior to the arrival of spring migrant birds. Doing so will minimize the potential for impacts to nesting sensitive bird species during the spring and summer. Prior to such trimming, a qualified biologist shall inspect such willows to ensure that nesting birds, or other species, will not be directly and adversely affected by the activity. In accordance with the Migratory Bird Treaty Act, the U.S. Fish and Wildlife Service will be notified if a nest,egg,or nesting will be affected(MR 7). 10. Prior to construction, a qualified biologist shall be retained to conduct a pre-construction survey (approximately one week prior to construction) to determine presence/absence of nesting birds within the project area. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nesting is observed, the nest may not be directly disturbed without a Section 2081.take permit from the California Department of Fish and Game(MR 8). 11. A qualified biologist,with experience in least Bell's vireo surveys will conduct nesting bird,and/or presence/absence surveys along the project alignment and in the riparian corridor one week prior to construction(MR 9). 12. Construction near or adjacent to the riparian corridor will occur after August 15ie to minimize disturbance to any birds that may still be nesting in the area as an additional precautionary measure 9MR 10). Erosion Control 13. Restore all previously vegetated areas that are cleared during project activities through revegetation with appropriate seed mix. If necessary, irrigate to establish a ground cover prior to onset of the wet season. Silt fencing should be installed around any disturbed area located less than 7 meters from the main channel of Prefumo Creek.The City biologist or other qualified monitor will ensure erosion control measures are intact and functioning properly during winter(MR 11). CITY OF SAN Luis OBIspo 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 Ptf@L- q 3- Issues, Discussion and Supportirr, : . rtnation Sources Sources Pote&_.% Potentially Less Than No Significaot Significdu " t Issues Unles" a ER# 74-09; 1269 Vista Lago s MitigAaon Incorporated 14. All earth disturbing construction will occur in the typical dry season(April 15 to October 15)(MR 12). Noise.Dust,and General 15. The work area will not be expanded into the adjacent riparian community. The City biologist or other biological monitor will clearly mark the boundaries of the proposed work area prior to and during construction using highly visible flagging or fencing. All construction personnel will be advised to conduct work activities within the defined work area only(MR 13). 16. Best Management Practices (BMP's) to control dust will entail use of a water truck on-site during the excavation of the abutments. Should material need to be removed from the site via trucks, covers on the trucks would further prevent fugitive dust from leaving the site or being blown out along travel routes. Since the staging area at the Windemere location can be reached by pre-existing"asphalt surfaces, a stabilized entrance would not be required.However,the Vista Lago Park entrance/exit isnot paved.Plywood sheets may be laid down to prevent tracking of dirt and/or mud out of the project area. A new trail connector will be installed at the Vista Lago Park location. This may allow for vehicles to be driven across the grass during excavation of the north abutment(MR 14). 17. Work hours will be limited from 7:00 a.m.to 5:00 p.m.to reduce noise impacts to surrounding neighborhoods(MR 15). • Monitoring Program(Mitigation Measures 3-17): City Engineering staff will inspect the construction operations daily to verify conformance with specifications and mitigations. The Natural Resources Manager will conduct periodic spot-check inspections to verify conformance with specifications and mitigations. A qualified Monitoring Biologist will be retained during work which could affect sensitive habitat. The Monitoring Biologist will inspect the work site each day,coordinate compliance with biological mitigation requirements,and prepare a daily log to document the presence or absence of any sensitive species and actions taken. CULTURAL RESOURCES MITIGATION 18. If excavations encounter significant paleontological resources,archaeological resources or cultural materials,then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 19. If pre-historic Native American artifacts are encountered,a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. • Monitoring Program Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. GEOLOGY AND SOILS MITIGATION 20. Grading and construction of the bridge and other improvements shall be designed and performed-in compliance with the submitted foundation report. • Monitoring Program CRY OF SAN Luis Oswo .22 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 ,i Issues, Discussion and Supportirfy=.'_ rmation Sources Sources PoteiL... Poten'alk LesSTt* No Significant Signi I ER#74-09; 1269 Vista Lago Issues Unleg3� Mitigation Incorporated Community Development and Public Works staff shall review plans to assure that the recommendations of the foundation report are incorporated into plans. 21. Hazardous materials transfers,fueling,and other use of chemicals shall be restricted to staging areas away from the project site. • Monitoring Program City Engineering staff will inspect the construction operations daily to verify conformance with specifications and mitigations. HYDROLOGY AND WATER QUALITY MITIGATION Avoidance and Minimization Measures for Impacts to CRF from the Programmatic Agreement between the Federal Highway Administration and USFWS(1-8-02-F-68) (Only the measures pertinent to the project are listed below). 22. Only Service-approved biologists will participate in activities associated with the capture, handling, and monitoring of California Red-legged Frogs. 23. Ground disturbance will not begin until written approval is received from the Service that the biologist is qualified to conduct the work. 24. A Service-approved biologist will survey the project.site 48-hours before the onset of work activities.If any life stage of the California red-legged frog is found and these individuals are likely to be killed or injured by work activities, the approved biologist will be allowed sufficient time to move them from the site before work activities begin. The Service- approved biologist will re-locate the California red-legged.frogs the shortest distance possible to a location that contains suitable habitat and will not be affected by the activities associated with the proposed project. The Service-approved biologist will maintain detailed records of any individuals that are moved (e.g. size, coloration, any distinguishing features, photographs, [digital preferred]) to assist him or her in determining whether translocated animals are returning to the original point of capture. 25. Before any activities begin on a project,a Service-approved biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the California red-legged frog and its habitat, the specific measures that are being implemented to conserve the California red-legged frog for the current project, and the boundaries with-in which the project may be accomplished. Brochures, books and briefings may be used in the training session,provided that a qualified person is on hand to answer any questions. 26. A Service-approved biologist will be present at the work-site until all California red-legged frogs have been removed, workers have been instructed, and disturbance of habitat has been completed. After this time,the state or local sponsoring agency will designate a person to monitor on-site compliance with all minimization measures. The Service-approved biologist will ensure that this monitor received the training outlined in measure 4 and in the identification of California red-legged frogs. If the monitor or the Service-approved biologist recommends that work be stopped because California red-legged frogs would be affected to a degree that exceeds the levels anticipated by the Federal Highways Administration and Service during review of the proposed action,they will notify the resident engineer(the engineer that is directly overseeing and in command of construction activities) immediately. The resident engineer will either resolve the situation be eliminating the effect immediately or require that all actions which are causing these effects be halted. If work is stopped,the Service will be notified as soon as is reasonably possible. 27. During project activities, all trash that may attract predators will be properly contained,removed from the work site, and disposed of regularly.Following construction,all trash and construction debris will be removed from work areas. CITY OF SAN LUIS OBISPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 P14a q 67 Issues, Discussion and Supportir[y. _ rmation Sources sources Poterc._.. _ Potentially Less No significant si�s6�i AL efq 3 ER #74-09; 1269 Vista Lago Mitigation Incorporated 28. All refueling, maintenance, and staging of equipment and vehicles will occur at least 60-feet from riparian habitat or water bodies and not in a location from where the spill would drain directly toward aquatic habitat. The monitor will ensure contamination of habitat does not occur during such operations. Prior to the onset of work, the Federal Highway Administration will ensure that a plan is in place for prompt and effective response to any accidental spills. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. 29. 8.The number of access routes,size of the staging areas,and the total area of the activity will be limited to the minimum necessary to achieve the proposed project goal. Environmentally sensitive areas will be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimise the impacts to California Red-legged Frog habitat; this goal includes locating access routes and construction areas outside of wetlands and riparian areas to the maximum extent possible. 30. To control sedimentation during and after this project implementation, the Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits,issued under the authorities of the Clean Water Act that it receives for the specific project. If best management practices are ineffective, the Federal Highway Administration will attempt to remedy the situation immediately,in consultation with the Service. • Monitoring Program The Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits,issued under the authorities of the Clean Water Act that it receives for the specific project. Community Development and Public Works staff shall review plans to assure that the best management practices re incorporated into plans. CITY OF SAN LUIS Osispo 24 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2007 _ Pt�a- q 6 Attachment 3 -TATE OF CALIFORNIA—BUSINESS.TRANSPGRTATIQN AND HOUSING AGENCY ARNOLD SCHWAMENEGGER.Govemor DEPARTMENT OF TRANSPORTATION S0 Foamm sute1 SAN LUIS OBISPO.CA 93401.5415 TELEPHONE:(W5)549-3111 TDO(805)5493259 November 5,2009 05-SLO-0=SL0 SR28174016(044) Prefitrno Bike Path Mike McGuire City of San Luis Obispo Subject:Environmental Document Enclosed you will find the fully executed.Programmatic Categorical Exclusion for the SR2SF project known as Prefmo CreekPathway The City can now complete the final design. The following items must be completed before the County can advertise the construction phase. • Right of Way certified •Plans Specifications&Estimate (PS&E)completed and certified •Disadvantaged Business Enterprise(DBE)Plan and Goals approved. •Quality Assurance Plan(QAP)approved. The request for authorization for construction package includes: ❑ Right of Way Certification(Exhibit 13-A)or(Exhibit 13-B) ❑ Finance Letter(Exhibit 3-F) ❑ Request for Authorization to Proceed with Construction(Exhibit 3-D) ❑ PS&E Certification&Checklist(Exhibit 12-C& 12-D) ❑ Engineer's Estimate If you have any questions please call me at 542-4605. Sincerely, VCal mida ssistance Engineer a - p*j.- Q 7 CATEGORICAL EXEMPTiON/CATEGORICAL EXCLUSION DETERMINATI6h F!dk --- 05-SL0-0-SLO N/A 05-930131 _SRTSL-5016(044) Dlst-Co:Rte.(or Local Agency) P.M/P:M. EA.(State project) Federal-Aid Project No.(Local projectu Proj.No. PROJECT DESCRIPTION: (Brieffy describe onolecL.Purpose,location,limits,ri hPof-wa requirements,and activities involved: The Cty of San Luis Obispo,with funding from the Federal Highway Administration through the Sala Routes to School Program, proposes a project to construct a new Class I multi-use pathway connecting Oceanaire DrIm and Vista mega across.Prelumo Geek in San Luis Obispo.The project includes installation of a prefab singlespan pedestrian bridge across the creek. (Project description continues nest page.)' Gym a --» ro c ,9WstsmAgw" *zed or tiaetmbrufiail flusJam.app ftie r tbi r.end L' pwei�Wee 14.CCR 1W4 et seq.7 s q t"itls�irotfatls ti(iitdta tatr,'�pt j�sS.ak•�$.BaP Ort,h dam t fT,��7� llt93YteLa�.2C,e a3 tom.."mus or Crioesai . asnr�ar mrrltSre ate.Gr ,�arrd tY amapEed lx'» 14 . _ ._ s 1 Aerie WIIl antba i pj i4t bytriia pfo et aimq t�ttft*some type to the ptaoe,Cw 4efllrtBnatarmasasmateapos71u4t�tfrartNapiD}eat lfl O QP Qoftv*mtvwsmsrtduetowruswst + 197fS tees n9t damtagP tf t aGm�a r .,it: YtiM# 5 lti y. • pr61j of iS AtX t"Wo dea sits 1 tos"emt.ctkm I ftiv-5 tortes"Leir). +.Tfvfv prole*d1piwS�r&sada c*3010mm v �gtr of Q•3dW0ri441 rt lou fte. 1�tsrW by Bim. Fl3a3' 2=ft 14 COR �f```' rar tin�ttC�sf'LMs.1k'aSlm9@i.SttpporSktj;.�,:4ad Lit.#stSrrJ 3da ,�s,tl*e pr�€�t rer. © YlSir�sroe lea+ ER earimnyp rt I p 'c t �wttNnan tptclass.but itcanbasOcntri..+- lfttf'�Oii?t)10rt>f,S-rtC-S10S3��atY b68f�ity atd{P it�frGa-SISF tri tS�iltatirOnfiierlt(LCR 1gi76Slb�3].) .,.•.. TsevLo+rnentet9mnahcri :"1- +t► nixs?+at tdstFa para WEPA COMPLIANCE 1n accordance with 23 CFR 771.117,and based an an examination of this proposal and supporting information,the State has determined that this project: e does not individually or cumulatively have a significant Impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment(EA)or Environmental Impact Statement(EIS),and a has considered unrtsuat dreumstances pursuant to 23 CFR 771.117(b) (httpJiwww.fhwa.dotoovmani23cfrT7l.htm-saa771 1171. In non-attainment or maintenance areas for Federal air quality standards,the project is either exempt from all conformity requirements,or conformity analysis has been completed pursuant to 42 USC 7506fc)and 93. CALTRANS NEPA DETERMINATION ® Section 6004: The State has been assigned,and hereby certifies that it has carried out,the responsibility to make this determination pursuant to Chapter 3 of Title 23,United States Code,Section 326 and a Memorandum of Understanding(MOU) dated June 7,2007,executed between the FHWA and the State. The State has determined that the project is a Categorical Exclusion under. • 23 CFR 771.117(c):activity(c)L 3 ) 23 CFR 771.117(d):activity(d)L_) • Activity_listed in the MOU between FHWA and the State ❑ Section 6005: Based on an examination of this proposal and supporting information,the State has determined that the project Is a CE under Section 6005 of 23 U.S.C.327. Gary gerone Mike Giuliano SriS��y Prnt N e:Project Manager/DLA Engineerna re Slgflature Date Briefly list environmental commitments on continuation sheet. Refe additional information,as appropriate(e.g.,air quality studies,documentation of conformity exemption,FHWA conformity determination if Section 6005 project§106 commitments;94(0; §7 results;Wetlands Finding;Floodplain Finding;additional studies;and design conditions),Revised September 15,2008 a Page 1 of 2 Attacillnent CATEGORICAL EXEMPTION/CA TEG,ORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 05-SL0.0-SLO SRTSL-5016(044) The project has been reviewed to ensure compliance.with federal regulations. Cultural Resources A Historic Property Survey Report dated August 2009 was prepared for the project A finding of No Historic Properties Affected has been made. The project as proposed does not have the potential to affect historic properties under Section 106 of the National Historic Preservation Act. Section 4ffi A De Minimus Section 4(0 Evaluation was prepared in a memo to tile, dated November 2609,for permanent and temporary impacts to Vista.Lago Park. The permanent take of land from Vista Lego Park will not have an adverse effect on activities, features, and attributes of Vista Lego Park In addition, temporary construction impacts will not have an adverse effect on activities, features and atfrlbutes of Vista Lego Park. Endangered Species Act To comply with Section 7 of the Endangered Species Act,a Biological Assessment(BA)dated June 2009, was prepared and Includes Avoidance and Minimization Measures for the California reddegged frog and southern stee/head. The BA concluded that because the project does not Include any activities below the plane of ordinary high water or on the.creek banks, and construction will occur when the creek is typically dry,a determination has been made that the project wr7l have no.effect on southern steelhead. The BA is incorporated here by reference, and the Avoidance and Minimization Measures(pp. 19-22)are attached. The BA was submitted to the US Fish and Wildlife Service(USFWS)for consu/talion regarding impacts to Californla red-legged frog. USFWS responded with a letter of concurrence, which is attached to this CE. Page 2 oft Plf� - qq United States Department of the Iaterior- FISsAM wH DLUE SMV10E Ventura Fish and Wildlife office TAKE FRWE 2493 Portola Road,Suite B IN M„RI A Ventura,California 93003 W RULY REffR TQ 2009-1-M77 August 21,2009 _GaryRuggerone Senior Environmental Planner California Department.of Transportation 517 ftwa Street San Luis Obispo,California 93401-5435 Subject: Prefumo Creek Class I Bicycle Path,San Luis Obispo County,Califomia.. Dear Mr.Ruggerone: This letter is in response to your request,dated July 6,2009,and received in our office on July 7, 2009,for our concurrence that the proposed Prefumo Creek Bicycle Path project may affect;but is not likely to adversely affect,the federally threatened.California red-legged frog(Rana aurora draytonh). The City of San Luis Obispo(City),with assistance from the CalifmWa Department of Transportation(Caltrans),.proposes to construct a new Class 1 bicycle and pedestrian pathway and.Midge over Prefiimo Creek,between Ocean*e Drive and Vista Lago Park in the city of San Luis Obispo. On June 7,2007,the Federal highway Administration(FHWA)assigned,and Caltrans assumed, responsibilities for consultation and coordination with resource agencies for most projects within the State of California pursuant to section 6004 of the 2005 Safe,Accountable,Flexible, Efficient Transportation Equity Act A Legacy for Users. The delegation of authority stipulates that correspondence regarding consultations be addressed to.Caltrans,even ifFHWA initiated the consultation. Consequently,we developed this letter in accordance with this direction. The proposed bicycle and pedestrian path route would originate on OeeanauE Drive and cross through the Vtindemere Condominiums parking lot,over Prefumo Creek via a free-span bridge, and connect with City-owned parkland in the Vista Lago Park. The bridge would consist ofpre- fabricated concrete. No earthwork or ground disturbance would occur within the active creek channel in association with the proposed project Minimal ground disturbance would occur on the creek bank during the installation of two bridge abutments. Vegetation trimming and or removal would also occur to facilitate installation of the bridge abutments and to provide access for construction equipment. Approaches to the proposed bridge would be constructed in existing developed areas on both sides of Prefumo Creek Caltrans and the City anticipate the project would require 50 days to complete,and would occur between August and October. As part of the proposed project Caltrans and the City would implement numerous protective measures(Caltrans 2009)which are hereby incorporated by reference,and include but are not limited to: daytime and nighttime preconstruction surveys for the California red-Iegged frog; p4j-- !vo Gary Ruggerone 2 the presence of a qualified biological monitor on site during initial earthmoving activities; and Best Management Practices to control erosion and sedimentation. - i The City's biologist conducted non protocol level surveys fnr California red-legged frogs.on September 4,2008,and March 20,2009. The surveys extended approximately 450 feet upstream and 500 feet downstream of the proposed project area, At the time the surveys were conducted, the creek was dry and supported only sparse emergent aquatic vegetationincluding cattails (Typha lWolia)and bulrush,(Scirpus aculm). One isolated,.stagoant pool comprised of urban nmoff water was present and contained bullfrogs(Rana catesbeiana). No Califomia red-legged frogs were found during the surveys. The nearest California red-legged frog occurrences are 1.36 miles to the south at the City's wastewater treatment facility, and approximately 4 miles north of the proposed project,in Nossi Creek and in an unnamed tributary to San Luis Obispo Creek near Fox Hollow Road At the proposed project sfte,Prefumo Creek is channelized,and development is present on both sides of the creek channel. Vegetation and silt removal are regularly conducted by the City to ensure free passage of storm flows and to prevent flooding. The riparian habitat at the proj ect site is dominated by arroyo willow(Salix lasiolepU),yellow willow.(Saliz lutea),and black cottonwood(Populus tdchocarpa). However,the understory is degraded by non-native invasive species including blackberry(Rubes discolor),periwinkle(Nina major),and English Ivy (Hedera helix). We concur with your determination tbat the project may affect,but is not likely to adversely affect,the California red-legged frog for the following reasons; (1)Caltrans and the City will implement the proposed avoidance and minimisation measures,(2)the project will take place when Prefumo Creek is l'kely to be dry,and(3)California red-legged frogs are unlikely to be present because the project area contains only marginally suitable habitat for the subspecies. This concludes consultation on the subject project pursuant to section 7(a)(2)of the Act If the proposed action changes in any manner or if new information reveals the presence of listed species in the project area,you should suspend all activities and contact us immediately until the appropriate level of consultation is completed. If you have any questions,please contact Steve Kirklandof my staff at(805}644-1766, extension 267. Sincerely, i Roge .Root Assistant Field Supervisor Al+a- t01 AttachMPOt 3- - c"#er-f;?bSU#8. ft=M9.%aw-U toOf"PockawM>a9�. 43.1.3. AVOIDANCE AND MINIMIZATION EFmRTs Vegetation, CRF, and South-central California steelhead MR 1 All staging will be in dearly designated and flagged areas from the proposed alignment The staging will occur in previously disturbed areas to avoid inadvertent disturbance of existing riparian vegetation or damage to associated root systems of trees. Any new proposed staging area will be first inspected by the City biologist or other qualified monitor prior to use. No construction will oocty in the active channel. MR 2 Prior to commencement of construction, the City biologist or qualified biological monitor will clearly mark with visible flagging the extent of the work.area in sensitive sites (e.g., near the top of the creek banks or riparian vegetation) and ensure that no trees are impacted beyond what has been approved for trimming. MR 3 Exclusionary fencing will be installed around the work area on either side of the top of bank when working near Prefumo Creek. This will serve to keep animals out of the worksite and keep material from leaving the site. MR 4 All areas of disturbed soil will be stabilized to prevent erosion MRS Heavy construction equipment shall be restricted to the project area or established staging areas and shall not enter the banks of Prefumo Creek MR 6 if possible, the project should be completed without trimming of willows. If willow trimming is necessary, it should be conducted in late winter prior to the arrival of spring migrant birds. Doing so will minimize the potential for impacts to nesting sensitive bird species during the spring and summer. Prior to such trimming, a qualified biologist shall inspect such willows to ensure that nesting birds, or other species, will not be directly and adversely affected by the activity. In accordance with the Migratory Bird Treaty Act, the FWS will be notified if a nest, egg, or nesting will be affected. Caltrans shall also be notified. Prefumo Creek C&MI Path i8 �... I A ��Gt���i��l� J G"Itapter4;RgsuRs�8k,0lRRe�4ources�L]�rssfon ofImpacts,and1l�J�yon Nesting Birds in General MR 7 Prior to.construction, a qualified biologist shall be retained to conduct a pre-construction survey (appro)imately one week prior to construction) to determine presencehftence of nesting birds within the project area. If no breading or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nesting is observed, Caltrans shall be notified and the nest may not be directly disturbed Without consultation from the California Department of f=ish and Game (CDFG). Erosion Control MRS Restore all previously vegetated areas that are cleared during project activities through revegetation with appropriate native seed mix. If necessary, irrigate to establish a ground cover prior to the onset of the wet season. Silt fencing shall be installed around any disturbed area located less than 7 meters from the main channel of Prefumo Creek. The City biologist or other qualified monitor will ensure erosion control measures are intact and functioning property during winter. Erosion and sedimentation will be controlled with the application of straw wattles or silt fence, as appropriate. General MR 9 The work area will not be expanded into the adjacent riparian community. The City biologist or other biological monitor will dearly mark the boundaries of the proposed work area prior to and during construction using highly visible flagging or fencing. All construction personnel will be advised to conduct work activities within the defined work area only. MR 10 Prior to the start of construction, the City biologist shall conduct a worker environmental awareness training for all construction personnel. The training shall include information of the status and natural history of steelhead and California redaegged frog, the measures being implemented to avoid these species during construction, and the actions required if one enters the project area during construction. Subsequent training will be provided to all new workers. MR 11 A qualified biologist will conduct at least one day and one nighttime survey of the project site 48 hours before the onset of work activities. If any life stage of California red-legged frog is found and these individuals are likely to be killed or injured by work activities, no construction shall occur that could affect any individuals. The biologist shall contact Caltrans, who will contact the FWS. No activities that might-result in take . shall occur without Caltrans and FWS approval. Prefumo 0eekCZ=1Pa% 20 103 Attac � X414 2esuk;�;.Bio(a9lcal ftwUtu es,QY r sltl�l.of(m mid MR 12 A qualified biologist will be present at the work-ske until the workers have been instructed, and the initial disturbance of habitat has been completed. After this time, the local sponsoring agency will designate a person to monitor on-site compliance with all minimization measures. The qualified biologist will ensure that.this monitor received the training outlined in MR 11 and in the identification of California red-legged frogs. If the monitor or the qualified biologist. recommends that work be stopped because California red 1Qgged frogs or steelhead would be effected, they will notify the resident engineer (the ertgineer that is Oicecdy overseeing and in command of construction activities) immediately. The .resident engineer will either resolve the situation by eliminating the effect immediately or require that all actions which are causing these effects be hatted. if work is .stopped, Caltrans will be notified as soon as is reasonably possible. MR 13 During project _activities, all trash that may attract predators will be property contained, removed from the work site, and disposed of regularly. Following construction, all trash and construction debris Ml be removed from work areas. MR 14 All refueling, maintenance, and staging of equipment and vehicles shall occur at least 18 M (60 feet) from riparian habitat or waterbodies,,or on Impervious surfaces and not in a location from where the spill would drain directly toward aquatic habitat. The monitor will ensure contamination of habitat does not occur during such operations. Prior to the onset of work, the City will ensure that a plan is in place for prompt and effective response to any accidental spills. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. MR 15 The number of access routes, size of the staging areas, and the total area of the activity will be limited to the minimum necessary to achieve the proposed project goal. Environmentally sensitive areas will be delineated to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the potential impacts to California red4egged frog habitat; this goal includes locating access routes and construction areas outside of riparian areas to the maximum extent possible. MR 16 To control sedimentation during and after this project implementation, the City will implement BMPs outlined in the authorizations or permits issued under the authorities of the Clean Water Act, for the specific project. If BMPs are ineffective, the City will attempt to remedy the situation immediately. Frwfum cwk a=ipath P! Pt+a - 104/ 1 s Ch 1p 4 Resukst BJgtogka/ReaWm"Otsatssbn of LgsoK snd glo MR 17 Best Management Practices (BMP's) to control dust will entail use of a water truck on-site during the excavation of the abutments. Should material need to be removed from the site via trucks, covers on the trucks would further prevent fugitive dust from leaving the site or being blown out along travel mutes. Since the staging area at the wndemere location can be reached by pre-existing asphalt surfaces, a stabilized entrance would not be required.. However, the Vista Lego Park entranaalexit is not paved Plywood sheets may be laid dawn to prevent tracking of dirt and/or mud out of the project area. A new trail connector will" be installed at the Vista Lago Park logon. This may allow for vehicles to be driven across the grass during excavation of the west abutment 4.21.4,. PROJECT EFFECTS Based on the best available information, the potential for this species to occur within the project site is low due to prmdmity to known sightings; proximity of the abutments to the main creek channel CIA outside of the stream banks, 7— 10 m from the main channeq, lack of suitable habitat in the project area, presence of non-native predators to CRF, and the disturbed nature of the site. 421.5. MODIFICATIONS TO THE PROJECT TO MmmATE EFFECTS When first proposed, several piers were to be installed to support the center portion of the bridge but under further review, a free-span bridge, although more expensive, would be the least invasive way to install the bridge. 4.2.1.6. CUMULATIVE EFFECTS"SA) Cumulative effects include the effects of future State, tribal, local or private actions that are reasonably certain to occur in the action area. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to Section 7 of the Endangered Species Act There are no future non-federal actions reasonably certain to occur in the action area. The City is in the process of acquiring new permits to cover silt removal activities which will require federal consultation. 4.2.2. Discussion of Steethead trout(Oncorhynchus myk/ss) Steelhead trout are the anadromous form of rainbow trout (McEwen and Jackson 1996). Steelhead historically ranged from Alaska southward to the California- Mexico border, though current data suggests that the Ventura River is presently the southernmost drainage supporting substantial steelhead runs. Periodically, steelhead are reported within the Santa Clara River and Malibu Creek. Southern steelhead are important in that they represent the southernmost portion of the native steelhead range in North America, having ecologically and physiologically adapted to seasonally intermittent coastal California streams. Optimal habitat for Prefitmo Creek C74vI Path 22 Attachment 4 I�al ISI IIIII�IIIIII�,� ������I)IIIIII IIIIIIII Ci o san uisouisp Community Development Department• 919 Palm Street, San Luis Obispo, CA 93401-3218 January 22, 2010 Mike McGuire City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 SUBJECT: ARC/ER 74-09: 1269 Vista Lago Environmental and architectural review of a new bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive and a connecting bridge in Vista Lago Park, including a creek setback exception Dear Mr. McGuire: The Architectural Review Commission, at its meeting of January 20, 2010, approved your request, based on the findings and subject to the mitigation measures and conditions, as noted in the attached resolution. The decision of the Architectural Review Commission is final unless appealed to the City Council within 10 days of the action. Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the City Clerk's office or on the City's website (www.slocity.org). The fee for filing an appeal is $250 and must accompany the appeal documentation. While the City's water allocation regulations are in effect; the Architectural Review Commission's approval expires after three years if construction has not started, unless the Commission designated a different time period. On request, the Community Development Director may grant a single, one-year extension. If you have any questions, please contact me at (805) 781-7168. Sincerely, lGLI Pamela Ricci, Al Senior Planner Attachment: Resolution No. ARC-1001-10 City of San Luis Obispo cc: County of SLO Assessor's Office Parks & Recreation Department O1341 Nipomo Street, SLO 93401 The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. Attachment 4 RESOLUTION NO. ARC-1001-10 A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION GRANTING FINAL DESIGN APPROVAL TO THE PREFUMO CREEK BICYCLE AND PEDESTRIAN PATH AND BRIDGE INCLUDING CREEK SETBACK EXCEPTIONS AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 1269 VISTA LAGO (ARC/ER 74-09) WHEREAS, the Architectural Review Commission of the City. of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 20, 2010, pursuant to an application filed by City of San Luis Obispo Public Works Department, applicant for the purpose of considering ARC/ER 74-09, a project to develop a new bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive and a connecting bridge in Vista Lago Park, including a creek setback exception.; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff-, and WHEREAS, notices of said public hearing were made at .the time and in the manner required by law; and WHEREAS, the Architectural Review Commission reviewed and considered the draft Mitigated Negative Declaration of environmental impact for the project as prepared by staff; NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of the City of San Luis Obispo as follows: SECTION 1. Findines. Project Design 1. The proposed project consisting of a bicycle and pedestrian pathways and a connecting bridge over Prefumo Creek is consistent with Section 7.1, Creekside Development, of the City's Community Design Guidelines because it: a. Minimizes encroachment into the riparian corridor by its free-span bridge design which includes its support piers above the top of creek bank outside of the creek channel; b. Include lighting fixtures that do not produce glare, but provide for the safety of users; and c. Provides for pedestrian and bicycle circulation protection while protecting the quality of the creek environment. Creek Setback Exceptions 2. The location and design of the free-span bridge and the connecting pathways will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for Phi - 107 ArLacnment 4 Resolution No. ARC-1001-10 Page 2 wildlife habitation, rest and movement because the encroaching features are relatively minor in scale. 3. The exception will not limit the City's design options for providing flood control measures that are needed to achieve adopted City flood policies because the project creek banks and stream channel remain essentially unaltered. 4. The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans because along with the minor exceptions requested, the project will not adversely affect the health and vitality of the riparian corridor. 5. There are circumstances applying to the site, such as shape and topography, which do not apply generally to land in the vicinity with the same zoning that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning because the project site is irregularly shaped and includes an extensive amount of the creek corridor. 6. The exception will not constitute a grant of special privilege — an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning - because the proposed project provides a significant public benefit to surrounding properties. 7. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream because of the project's environmentally sensitive design. 8. Site development cannot be accomplished with a redesign of the project because the alternatives to having a bridge with no encroachments in the creek setback would have more significant aesthetic and environmental impacts because they would require more extreme bridge heights and support features. 9. Redesign of the project would deny the property owner reasonable use of the property given the unique circumstances of a bridge that would require some sort of creek setback exception to be feasible. SECTION 2. Environmental Review. The Architectural Review Commission hereby adopts the proposed Mitigated Negative Declaration finding that it adequately identifies the project's potentially significant impacts with incorporation of the following mitigation measures and monitoring programs: Mitigation Measures: Reduction of Light and Glare I_ Bridge lighting shall be limited in intensity and scale necessary for security and safety and shall be designed not to shine offsite in conformance with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 f the Zoning Regulations: All exterior lighting shall be shielded down-lights that do not shine skyward or spill onto adjacent properties to the review and approval of the Architectural Review Commission Resolution No. ARC-1001-10 Attachment 4 Page 3 (ARC). Construction plans shall include details of light fixtures with illumination levels and shielding mechanism Monitoring Program: The ARC will review development plans for the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting are compliant with the MASP provisions and have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. AIR QUALITY MITIGATION Short-term Construction Impacts 2. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the City Public Works Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c. Dirt stock pile areas (if any) should be sprayed daily as needed. d. All areas disturbed by construction shall be re-vegetated with plant materials to the approval of the City Biologist and Department of Fish& Game. e. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. f. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. Monitoring Program: Community Development Department staff will insure that project plans incorporate the mitigation measures. City Engineering staff will inspect the construction operations to verify conformance with specifications and mitigations. BIOLOGICAL RESOURCES MITIGATION n�fa-- !meq Resolution No. ARC-1001-10 Attachment 4 Page 4 Vegetation, CRF, and South-central California steelhead 3. All staging work will be in clearly designated and flagged areas from the proposed alignment and previously disturbed areas to avoid inadvertent disturbance of existing riparian vegetation or damage to associated root systems of trees. Any new proposed staging area will be first inspected by the City biologist or other qualified monitor (MR 1). 4. Prior to commencement of construction, the City biologist or qualified biological monitor will clearly mark with visible flagging the extent of the work area in sensitive sites (e.g., near the top of the creek banks or riparian vegetation, and ensure that no trees are impacted other than those shown on plans to be removed to accommodate bridge construction) (MR 2). 5. Exclusionary fencing will be installed around the work area on either side of the top of bank when working near Pref imo Creek. This will serve to keep animals out of the worksite and keep material from leaving the site (MR 3). 6. All areas of disturbed soil will be stabilized to prevent erosion (MR 4). 7. Heavy construction equipment shall be restricted to the project area or established staging areas (MR 5). 8. If willows are removed during the project, they will be replanted at a 2:1 ratio or as specified in the CDFG permit. The willows shall be installed from cuttings of the adjacent, unaffected willows; or if feasible, cuttings will be directly installed from willows that need to be trimmed for bridge installation (i.e., trimmings will be planted near the work area immediately after they are removed). The replanting will occur in the open, exposed area of the floodplain immediately upstream of the bridge crossing. The willows will be monitored and maintained until successfully established (MR 6). 9. Pre-Activity surveys for Steelhead trout, California Red-legged Frog, nesting birds, and sensitive plants will be completed. A reference site will be examined for appropriate comparison. Nesting Birds 10. If possible, the project should be completed without removal/trimming of willows. If willow removal/trimming is necessary it should be conducted in late winter (September — January) prior to the arrival of spring migrant birds. Doing so will minimize the potential for impacts to nesting sensitive bird species during the spring and summer. Prior to such trimming, a qualified biologist shall inspect such willows to ensure that nesting birds, or other species, will not be directly and adversely affected by the activity. In accordance with the Migratory Bird Treaty Act, the U.S. Fish and Wildlife Service will be notified if a nest, egg, or nesting will be affected (MR 7). 11. Prior to construction, a qualified biologist shall be retained to conduct a pre-construction survey (approximately one week prior to construction) to determine presence/absence of AHS-- L 1G _ Resolution No. ARC=1001-10 - - Attach R'I@nt 4 Page 5 nesting birds within the project area. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. (MR 8). 12. A qualified biologist, with experience in Bell's vireo surveys will conduct nesting bird, and/or presence/absence surveys along the project alignment and,in the riparian corridor one week prior to construction (MR 9). 13. Construction near or adjacent to the riparian corridor will be conducted to minimize disturbance to any birds that may still be nesting in the area as an additional precautionary measure 9MR 10). Erosion Control 14. Restore all previously vegetated areas that are cleared during project activities through revegetation with appropriate seed mix. If necessary, irrigate to establish a ground cover prior to onset of the wet season. Silt fencing should be installed around any disturbed area located less than 23 feet from the main channel of Prefumo Creek. The City biologist or other qualified monitor will ensure erosion control measures are intact and functioning properly during winter(MR 11). 15. All earth disturbing construction will occur in the typical dry season (April 15 to October 15) (MR 12). Noise, Dust. and General 16. The work area will not be expanded into the adjacent riparian community. The City biologist or other biological monitor will clearly mark the boundaries of the proposed work area prior to and during construction using highly visible flagging or fencing. All construction personnel will be advised to conduct work activities within the defined work area only (MR 13). 17. Best Management Practices (BMP's) to control dust will entail use of a water truck on-site 'during the excavation of the abutments. Should material need to be removed from the site via trucks, covers on the trucks would further prevent fugitive dust from leaving the site or being blown out along travel routes. Since the staging area at the Windemere location can be reached by pre-existing asphalt surfaces, a stabilized entrance would not be required. However, the Vista Lago Park entrance/exit is not paved. Plywood sheets shall be laid down to prevent tracking of dirt and/or mud out of the project area. A new trail connector will be installed at the Vista Lago Park location. This may allow for vehicles to be driven across the grass during excavation of the north abutment (MR 14). 18. Work hours will be limited from 7:00 a.m. to 5:00 p.m. to reduce noise impacts to surrounding neighborhoods (MR 15). Monitoring Program (Mitigation Measures 3-17): City Enginee�t'ng staff will inspect the construction operations daily to verify conformance with specifications and mitigations. The Natural Resources Manager will conduct periodic. AHS - l l Resolution No. ARC-1001-10 - Attachment 4 Page 6 spot-check inspections to verify conformance with specifications and mitigations. A qualified Monitoring Biologist will be retained during work which could affect sensitive habitat. The Monitoring Biologist will inspect the work site each day, coordinate compliance with biological mitigation requirements, and prepare a daily log to document the presence or absence of any sensitive species and actions taken. CULTURAL RESOURCES MITIGATION 19. If excavations encounter significant paleontological resources, archaeological resources or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 20. If pre-historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. GEOLOGY AND SOILS MITIGATION 21. Grading and construction of the bridge and other improvements shall be designed and performed in compliance with the submitted foundation report. Monitoring Program: Community Development and Public Works staff shall review plans to assure that the recommendations of the foundation report are incorporated into plans. 22. Hazardous materials transfers, fueling, and other use of chemicals shall be restricted to staging areas away from the project site. Monitoring Program: City Engineering staff will inspect the construction operations daily to verify conformance with specifications and mitigations. HYDROLOGY AND WATER QUALITY MITIGATION Avoidance and Minimization Measures for Impacts to CRF from the Programmatic Agreement between the Federal Highway Administration and USFWS (1-8-02-F-68) (Only the measures pertinent to the project are listed below). Pita- lia- Resolution No. ARC-1001-10 — Attachment 4 Page 7 23. Only Service-approved biologists will participate in activities associated with the capture, handling, and monitoring of California Red-legged Frogs. 24. Ground disturbance will not begin until written approval is received from the Service that the biologist is qualified to conduct the work. 25. A Service-approved biologist will survey the project site 48-hours before the onset of work . activities. If any life stage of the California red-legged frog is found and these individuals are likely to be killed or injured by work activities, the approved biologist will be allowed sufficient time to move them from the site before work activities begin. The Service- approved biologist will re-locate the. California red-legged frogs the shortest distance possible to a location that contains suitable habitat and will not be affected by the activities associated with the proposed project. The Service-approved biologist will maintain detailed records of any individuals that are moved (e.g. size, coloration, any distinguishing features, photographs, [digital preferred]) to assist him or her in determining whether translocated animals are returning to the original point of capture. 26. Before any activities begin on a project, a Service-approved biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the California red-legged frog and its habitat, the specific measures that are being implemented to conserve the California red-legged frog for the current project, and the boundaries with-in which the project may be accomplished. Brochures, books and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions. 27. A Service-approved biologist will be present at the work-site until all California red-legged frogs have been removed, workers have been instructed, and disturbance of habitat has been completed. After this time, the state or local sponsoring agency will designate a person to monitor on-site compliance with all minimization measures. The Service-approved biologist will ensure that this monitor received the training outlined in measure 4 and in the identification of California red-legged frogs. If the monitor or the Service-approved biologist recommends that work be stopped because California red-legged frogs would be affected to a degree that exceeds the levels anticipated by the Federal Highways Administration and Service during review of the proposed action, they will notify the resident engineer (the engineer that is directly overseeing and in command of construction activities) immediately. The resident engineer will either resolve the situation by eliminating the effect immediately or require that all actions which are causing these effects be halted. If work is stopped, the Service will be notified as soon as is reasonably possible. 28. During project activities, all trash that may attract predators will be properly contained, removed from the work site, and disposed of on a daily basis. Following construction, all trash and construction debris will be removed from work areas. 29. All refueling, maintenance, and staging of equipment and vehicles will occur at least 60-feet from riparian habitat or water bodies and not in a location from where the spill would drain directly toward aquatic habitat. The monitor will ensure contamination of habitat does not occur during such operations. Prior to the onset of work, the Federal Highway Administration will ensure that a plan is in place for prompt and effective response to any PHS-- t 13 Resolution No.ARC-1001-10 ✓' - ' Attachment 4 Page S accidental spills. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. 30. 8. The number of access routes, size of the staging areas, and the total area of the activity will be limited to the minimum necessary to achieve the proposed project goal. Environmentally sensitive areas will be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impacts to California Red-legged Frog habitat; this goal includes locating access routes and construction areas outside of wetlands and riparian areas to the maximum extent possible. 31. To control sedimentation during and after this project implementation, the Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits, issued under the authorities of the Clean Water Act that it receives for the specific project. If best management practices are ineffective, the Federal Highway Administration will attempt to remedy the situation immediately, in consultation with the Service. Monitoring Program: The Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits, issued under the authorities of the Clean Water Act that it receives for the specific project. Community Development and Public Works staff shall review plans to assure that the best management practices are incorporated into plans. 32. If the Community Development Director or hearing body determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. SECTION 3. Action. The Architectural Review Commission hereby grants final approval to the design of the project (ARC/ER 74-09), with incorporation of the following conditions: Conditions: 1. The proposed lighting fixtures for the bridge shall be a different style to better complement the aesthetics of the bridge and modified to comply with Mitigation Measure No. 1 and the City's Night Sky Preservation standards. These fixtures and details shall be shown on plans submitted for a building permit and shall be to the approval of the Public Works and Community Development Department Directors. 2. The ultimate fencing detail selected for the edge of the bike path on the northeast side of the Windemere Condominiums shall: 1) eliminate the sharp pickets at the top of the fence to address safety concerns; and 2) maintain a minimal footprint so that the pathway can be as wide as possible. --� '�--� Resolution No. ARC-1001-10 — - Attachment 4 Page 9 3. The design of the bridge shall be modified to include entry embellishments and a softer appearance to the approval of the Public Works and Community Development Department Directors. Roof elements were suggested as a design consideration, but not mandated. On motion by Commissioner Weber, seconded by Commissioner Hopkins, and on the following roll call vote: AYES: Commrs. Weber, Hopkins, Palazzo, Root, and Ehdaie NOES: Commr. Wilhelm REFRAIN: None ABSENT: Commr. Duffy The foregoing resolution was passed and adopted this 20th day of January, 2010. X , Pam Ricci, ecretary Architectural Review Commission AHd-- t t S ARC Minutes — Attachment 5 January 20, 2010 Page 2 AYES: Commrs. Wilhelm, Hopkins, Weber, Ehdaie, Palazzo, and Root NOES: None RECUSED: None ABSENT: Commr. Duffy The motion passed on a 6:0 vote. 2. 1269 Vista Lago. ARC/ER 74-09; Environmental and architectural review of a new bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive and a connecting bridge in Vista Lago Park, including a creek setback exception; C-OS-40 zone; City of San Luis Obispo— Public Works Department, applicant. (Pam Ricci) Pam Ricci, Senior Planner, along with Peggy Mandeville, Mike McGuire, and Freddy Otte presented the staff report, recommending that the ARC adopt a resolution, which: (A) Grants final approval to the project design, based on findings, and subject to conditions and mitigation measures; (B) Approves a creek setback exception, based on findings, and (C) Adopts a Mitigated Negative Declaration. PUBLIC COMMENTS: The following members of the public submitted written comments but were not present at the meeting. Paul& Catherine Johansen, San Luis Obispo, does not support the project. Jerry O'Neill, San Luis Obispo, does not support the project. Shirley Howell, San Luis Obispo, does not support the project. Chris Mathis, San Luis Obispo, supported the project. Sharon Seymour, San Luis Obispo, does not support the project because of its scale and design. Jon Fugler, San Luis Obispo, does not support the project and expressed concern for safety and the timing of the process for the project. Amir Bursteen, San Luis Obispo, does not support the project and expressed concern that adequate project information, a construction schedule, and impacts had not been provided to the neighborhood. Cynthia Steele, San Luis Obispo, does not support the project and expressed concern for a lack of information on the project, the urgency for approving it, and safety issues. Michelle Shoresman, San Luis Obispo, supported the project. P111.- l 16 ARC Minutes January 20, 2010 Attachment 5 Page 3 Jennifer Collins, San Luis Obispo, supported the project but was concerned with safety at night. Suzanne Heitzman, San Luis Obispo, does not support project and expressed concern for the scale, design, safety, and approval process of the project. COMMISSION COMMENTS: Commr. Wilhelm was supportive of a bridge at the site but suggested that a different design from the box truss included in plans be selected. Commr. Hopkins expressed some cone ems about the bridge design but, overall, was supportive of approval of the project. Commr. Ehdaie asked staff about the design alternatives considered. Vice-Chair Palazzo requested clarification for the project's grant requirements. Staff responded that the City would need to request an extension of the grant. He expressed concern for the quality of the project drawings and questioned the proposed colors of fixtures. Commr. Weber supported the bridge span as presented and felt that it was an appropriate scale. Commr. Wilhelm suggested additional wood elements and a covered bridge concept.. Chairman Root indicated that having some entry features at the bridge would help create a softer appearance. On a motion by Commr. Weber, seconded by Commr. Hopkins, to adopt the resolution as recommended by staff with modifications to conditions. The first sentence of Condition No. 1 was modified to require that proposed lighting fixtures for the bridge be a different style to better complement the aesthetics of the bridge. Condition No. 3 was added: `The design of the bridge shall be modified to include entry embellishments and a softer appearance to the approval of the Public Works and Community Development Department Directors. Roof elements were suggested as a design consideration but not mandated." The ARC also noted other issues brought up by the audience outside of their purview such as a contingency plan for patrols and other safety concerns and a needs assessment. The Commission did not include any formal recommendation on these topics as a formal part of their resolution but suggested that the City Council would be the proper review body to hear their concerns on these types of issues. AYES: Commrs. Hopkins, Weber, Ehdaie, Palazzo, and Root. NOES: Commr. Wilhelm RECUSED: None ABSENT: Commr. Duffy ARC Minutes January 20, 2010 Attachment 5 Page 4 The motion carried on a 5:1 vote. 3. Staff a. Agenda Forecast: Pam Ricci gave an agenda forecast of upcoming projects. She provided an agenda forecast for upcoming meetings and announced that the next regularly-scheduled ARC meeting of Monday, February 1, 2010, would be cancelled. She also announced that the second ARC meeting in February is scheduled for Wednesday, February 17, 2010, because of the Presidents' Day holiday. b. ARC Recruitment: Pam Ricci mentioned that the deadline for applications for the three vacancies on the ARC was Friday, January 29, 2010. She suggested that members spread the word to potential candidates. 4. Commission: a. Minutes of December 7 and December 14, 2009, were approved as submitted. b. Recent Project Review— Lessons Learned Commr. Hopkins mentioned that the new Mission Community Bank at the comer of Prado Road and South Higuera Street was completed and that the finished product was very attractive. Other Commissioners agreed with this assessment. The Commission discussed the metal panels on the new freestanding structure adjacent. to the historic Railroad Square building and had comments about the finish and details. Council Member Ashbaugh addressed the Commission mentioning a recent article in The Tribune which was critical of the design of the new storage building on the south side of Fire Station No. 1. Pam Ricci explained the review process for the project. ADJOURNMENT: The meeting adjourned at 8:25 p.m. Respectfully submitted by, Janet Miller Recording Secretary Approved by the Architectural Review Commission on _February 18, 2010 ._ Ryan Betz Supervising Administrative Assistant Attachment 6 RESOLUTION NO.9843(2006 SERIES) — - A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE LAND USE ELEMENT MAP DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM-HIGH DENSITY RESIDENTIAL AND A MINOR SUBDIVISION FOR PROPERTY AT 1106 OCEANAIRE DRIVE GP/R/MS/ER 45-06 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 10, 2006,pursuant to a proceeding instituted under application GP/R/MS/ER 45-06,Windermere Homeowner's Association, applicant; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 19, 2006,for the purpose of considering Application GP/R/MS/ER 45-06; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law;and WHEREAS, the Council has reviewed and considered the Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff,presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The Council finds and determines that the project's Negative Declaration adequately addresses the potential environmental impacts of the proposed project, and reflects the independent judgment of the Commission. 2. The proposed General Plan map amendment is consistent with the General Plan Land Use Element policies regarding multi-family residential zoning since the existing project is consistent with the Medium-High Density Residential land use description and the project is within a location that creates a logical extension of the R-3 district. 3. The proposed project is consistent with the City's General Plan Housing Element since it logically allows for higher density residential zoning and an additional dwelling unit R 9843 Attachment 6 Resolution No. 9843 (2006 Series) Page 2 without impacting adjacent properties or the existing layout of the condominiums. 4. The proposed recreation amenities are suitable to replace the indoor recreation amenities and comply with the intent of the City's Subdivision Regulations. 5. The proposed minor subdivision to allow the individual sale of one new residential unit in place of the recreation unit is consistent with the City's Subdivision Regulations. 6. The pedestrian easement will facilitate necessary recreational amenities to the condominium project as required by the Municipal Code for large scale condominium projects in the R-3 zone, since the proposed path and bridge will allow direct access to a public park. 7. The pedestrian easement is consistent with General Plan Land Use Element Policies, LU 2.1.4, 2.2.6 and 2.2.12 which encourage the incorporation of neighborhood linkages and pedestrian connections. SECTION 2. Action. The Council hereby approves a General Plan LUE map amendment from Medium Density Residential to Medium-High Density Residential as shown on attached Exhibit A, approval of a minor subdivision to allow one new airspace condominium unit and adoption of Negative Declaration(ER 45-06), with incorporation of the following project conditions: Conditions: 1. The drainage easement at the northeasterly property line shall be preserved and modified to accommodate the existing drainage culvert below the parking and driveway area. 2. An easement shall be provided adjacent to the northeast property line to allow for public pedestrian and bicycle access to Prefumo Creek and Vista Lago Park. This easement will not be accepted or recorded until such a time that the City is ready to construct improvements to allow a path and bridge over the creek to access the existing park on Vista Lago. The final width and location of the easement shall be approved by the Public Works Director and the Community Development Director while considering the opinion of the Windermere HOA and shall result in the loss of no more than 4 parking spaces. In the event that an alternate bicycle route is developed on Los Osos Valley Road (that provides access to Prefumo Creek, Vista Lago Park and Laguna Middle School) prior to acceptance and recordation of the easement, this condition shall be considered null and void and have no further force and effect. 3. A separate exhibit showing all existing public and private utilities shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the map. The utility plan shall include water, sewer, storm drains, site drainage, gas, electricity, telephone, cable TV, and any utility company meters for each parcel if applicable. Any utility relocations shall be completed with proper permits prior to recordation of the map. Otherwise, easements shall be prepared and recorded to the satisfaction of the Community Development Director,Public Works Director and serving utility companies. _ NI- 2w 0 Attachment 6 Resolution No. 9843 (2006 Series) Page 3 4. An architectural review application (ARCMs shall be reviewed and approved by the Community Development Director prior to issuance of construction permits for the conversion of the recreation building and construction of the garage.The application shall include proposed improvements to the common area to include replacement recreation amenities. Construction plan approval for modifying the recreation unit shall be contingent upon approval of required outdoor recreation amenities by the HOA. 5. The common area recreation amenities shall be completed prior to occupancy of the new residential unit and prior to recordation of a final map to allow individual sale of the unit. On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 19°i day of September 2006. Mayor David F. Romero ATTEST: Audrey Hoo City Clerk APPROVED AS TO FORM: Jon .Lowell City Attorney Attachment 7 RESOLUTION NO. (2010 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO APPROVE THE DESIGN OF A BICYCLE AND PEDESTRIAN PATH WITH BRIDGE OVER PREFUMO CREEK AND A MITIGATED NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 1269 VISTA LAGO (ARC/ER 74-09) WHEREAS, the Architectural Review Commission, on January 20, 2010, approved a Mitigated Negative Declaration and granted final approval to the design for a proposed bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive including a bridge over Prefumo Creek; and WHEREAS, Paul Johansen, a property owner of a dwelling unit in the Windemere Condominiums, filed an appeal of the Architectural Review Commission's action on January 28, 2010; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 16, 2010, for the purpose of considering the appeal of the Architectural Review Commission's action; and WHEREAS, the City Council has considered. the Mitigated Negative Declaration of environmental impact as prepared by staff and adopted by the Architectural Review Commission; and _ WHEREAS, the Council has duly considered all evidence, including the record of the Architectural Review Commission hearing and action, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: Project Design 1. The proposed project consisting of a bicycle and pedestrian path and a connecting bridge over Prefumo Creek is consistent with Section 7.1, Creekside Development, of the City's Community Design Guidelines because it:. a. Minimizes encroachment into the riparian corridor by its free-span bridge design which includes its support piers above the top of creek bank outside of the creek channel; b. Includes lighting fixtures that do not produce glare, but provide for the safety of users; and Attachment 7 Resolution No. (2010 Series) Page 2 c. Provides for pedestrian and bicycle circulation while protecting the quality of the creek environment. Creek Setback Exceptions 2. The location and design of the free-span bridge and the connecting pathways will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest and movement because the encroaching features are relatively minor in scale. 3. The exception will not limit the City's design options for providing flood control measures that are needed to achieve adopted City flood policies because the project creek banks and stream channel remain essentially unaltered. 4. The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans because along with the minor exceptions requested, the project will not adversely affect the health and vitality of the riparian corridor. 5. There are circumstances applying to the site, such as shape and topography, which do not apply generally to land in the vicinity with the same zoning that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning because the project site is irregularly shaped and includes an extensive amount of the creek corridor. 6. The exception will not constitute a grant of special privilege — an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning - because the proposed project provides a significant public benefit to surrounding properties. 7. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream because of the project's environmentally sensitive design. 8. Site development cannot be accomplished with a redesign of the project because the alternatives to having a bridge with no encroachments in the creek setback would have more significant aesthetic and environmental impacts because they would require more extreme bridge heights and support features. 9. Redesign of the project would deny the property owner reasonable use of the property given the unique circumstances of a bridge that would require some sort of creek setback exception to be feasible. SECTION 2. Environmental Review. The City Council reaffirms the Architectural Review Commission's adoption of a Mitigated Negative Declaration finding that it adequately identifies the project's potentially significant impacts with incorporation of the following plta— I a-3- Attachment 7 Resolution No. (2010 Series) Page 3 mitigation measures and monitoring programs: Mitigation Measures: Reduction of Light and Glare 1. Bridge lighting shall be limited in intensity and scale necessary for security and safety and shall be designed not to shine offsite in conformance with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 f the Zoning Regulations. .All exterior lighting shall be shielded down-lights that do not shine skyward or spill onto adjacent properties to the review and approval of the Architectural Review Commission (ARC). Construction plans shall include details of light fixtures with illumination levels and shielding mechanism • Monitoring Program: The ARC will review development plans for the project. City staff, including Planning and other departments, will review plans to assure that all of the ARC's requirements related to lighting are compliant with the MASP provisions and have been incorporated into working drawings. City building inspectors will be responsible for assuring that all lighting is installed pursuant to the approved lighting plan. AIR QUALITY MITIGATION Short-term Construction Impacts 2. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the City Public Works Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c. Dirt stock pile areas (if any) should be sprayed daily as needed. d. All areas disturbed by construction shall be re-vegetated with plant materials to the approval of the City Biologist and Department of Fish & Game. e. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. J Attachment 7 Resolution No. (2010 Series) Page 4 f. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)in accordance with California Vehicle Code Section 23114. • Monitoring Program: Community Development Department staff will insure that project plans incorporate the mitigation measures. City Engineering staff will inspect the construction operations to verify conformance with specifications and mitigations. BIOLOGICAL RESOURCES MITIGATION Vemetation, CRF, and South-central California.steelhead 3. All staging work will be in clearly designated and flagged areas from the proposed alignment and previously disturbed areas to avoid inadvertent disturbance of existing riparian vegetation or damage to associated root systems of trees. Any new proposed staging area will be first inspected by the City biologist or other qualified monitor(MR 1). 4. Prior to commencement of construction, the City biologist or qualified biological monitor will clearly mark with visible flagging the extent of the work area in sensitive sites (e.g.,near the top of the creek banks or riparian vegetation, and ensure that no trees are impacted other than those shown on plans to be removed to accommodate bridge construction) (MR 2). 5. Exclusionary fencing will be installed around the work area on either side of the top of bank when working near Prefumo Creek. This will serve to keep animals out of the worksite and keep material from leaving the site (MR 3). 6. All areas of disturbed soil will be stabilized to prevent erosion (MR 4). 7. Heavy construction equipment shall be restricted to the project area or established staging areas (MR 5). 8. If willows are removed during the project, they will be replanted at a 2:1 ratio or as specified in the CDFG permit. The willows shall be installed from cuttings of the adjacent, unaffected willows; or if feasible, cuttings will be directly installed from willows that need to be trimmed for bridge installation (i.e., trimmings will be planted near the work area immediately after they are removed). The replanting will occur in the open, exposed area of the floodplain immediately upstream of the bridge crossing. The willows will be monitored and maintained until successfully established (MR 6). 9. Pre-Activity surveys for Steelhead trout, California Red-legged Frog, nesting birds, and sensitive plants will be completed. A reference site will be examined for appropriate comparison. Attachment 7 Resolution No. (2010 Series) Page 5 Nesting Birds 9. If possible, the project should be completed without removal/trimming of willows. If willow removal/trimming is necessary it should be conducted in late winter (September — January) prior to the arrival of spring migrant birds. Doing so will minimize the potential for impacts to nesting sensitive bird species during the spring and summer. Prior to such trimming, a qualified biologist shall inspect such willows to ensure that nesting birds, or other species, will not be directly and adversely affected by the activity. In accordance with the Migratory Bird Treaty Act, the U.S. Fish and Wildlife Service will be notified if a nest, egg, or nesting will be affected(MR 7). 10. Prior to construction, a qualified biologist shall be retained to conduct a pre-construction survey (approximately one week prior to construction) to determine presence/absence of nesting birds within the project area. If no breeding or nesting activities are detected near the proposed work areas,construction activities may proceed. (MR 8). 11. A qualified biologist, with experience in Bell's vireo surveys will conduct nesting bird, and/or presence/absence surveys along the project alignment and in the riparian corridor one week prior to construction (MR 9). 12. Construction near or adjacent to the riparian corridor will be conducted to minimize disturbance to any birds that may still be nesting in the area as an additional precautionary measure 9MR 10). Erosion Control 13. Restore all previously vegetated areas that are cleared during project activities through revegetation with appropriate seed mix. If necessary, irrigate to establish a ground cover prior to onset of the wet season. Silt fencing should be installed around any disturbed area located less than 23 feet from the main channel of Prefumo Creek. The City biologist or other qualified monitor will ensure erosion control measures are intact and functioning properly during winter(MR 11). 14. All earth disturbing construction will occur in the typical dry season (April 15 to October 15) (MR 12). Noise.Dust, and General 15. The work area will not be expanded into the adjacent riparian community. The City biologist or other biological monitor will clearly mark the boundaries of the proposed work area prior to and during construction using highly visible flagging or fencing. All construction personnel will be advised to conduct work activities within the defined work area only (MR 13). Attachment 7 Resolution No. (2010 Series) Page 6 16. Best Management Practices (BMP's) to control. dust will entail use of a water truck on-site during the excavation of the abutments. Should material need to be removed from the site via trucks, covers on the trucks would further prevent fugitive dust from leaving the site or being blown out along travel routes. Since the staging area at the Windemere location can be reached by pre-existing asphalt surfaces, a stabilized entrance would not be required. However, the Vista Lago Park entrance/exit is not paved. Plywood sheets shall be laid down to prevent tracking of dirt and/or mud out of the project area. A new trail connector will be installed at the Vista Lago Park location. This may allow for vehicles to be driven across the grass during excavation of the north abutment(MR 14). 17. Work hours will be limited from 7:00 a.m. to 5:00 p.m. to reduce noise impacts to surrounding neighborhoods (MR 15). • Monitoring Program (Mitigation Measures 3-17): City Engineering staff will inspect the construction operations daily to verify conformance with specifications and mitigations. The Natural Resources Manager will conduct periodic spot-check inspections to verify conformance with specifications and mitigations. A qualified Monitoring Biologist will be retained during work which could affect sensitive habitat. The Monitoring Biologist will inspect the work site each day, coordinate compliance with biological mitigation requirements, and prepare a daily log to document the presence or absence of any sensitive species and actions taken. CULTURAL RESOURCES MITIGATION 18. If excavations encounter significant paleontological resources, archaeological resources or cultural materials,then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 19. If pre-historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. • Monitoring Program Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. GEOLOGY AND SOILS MITIGATION Pita-- 1 a�- Atfachmsnt 7 Resolution No. (2010 Series) Page 7 20. Grading and construction of the bridge and other improvements shall be designed and performed in compliance with the submitted foundation report. • Monitoring Program Community Development and Public Works staff shall review plans to assure that the recommendations of the foundation report are incorporated into plans. 21. Hazardous materials transfers, fueling, and other use of chemicals shall be restricted to staging areas away from the project site. • Monitoring Program City Engineering staff will inspect the construction operations daily to verify conformance with specifications and mitigations. HYDROLOGY AND WATER QUALITY MITIGATION Avoidance and Minimization Measures for Impacts to CRF from the Programmatic Agreement between the Federal Highway Administration and USFWS (1-8-02-F-68) (Only the measures pertinent to the project are listed below). 22. Only Service-approved biologists will participate in activities associated with the capture, handling, and monitoring of California Red-legged Frogs. 23. Ground disturbance will not begin until written approval is received from the Service that the biologist is qualified to conduct the work. 24. A Service-approved biologist will survey the project site 48-hours before the onset of work activities. If any life stage of the California red-legged frog is found and these individuals are likely to be killed or injured by work activities, the approved biologist will be allowed sufficient time to move them from the site before work activities begin. The Service- approved biologist will re-locate the California red-legged frogs the shortest distance possible to a location that contains suitable habitat and will not be affected by the activities associated with the proposed project. The Service-approved biologist will maintain detailed records of any individuals that are moved (e.g. size, coloration, any distinguishing features, photographs, [digital preferred]) to assist him or her in determining whether translocated animals are returning to the original point of capture. 25. Before any activities begin on a project, a Service-approved biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the California red-legged frog and its habitat, the specific measures that are being implemented to conserve the California red-legged frog for the current project, and the boundaries with-in which the project may be accomplished. Brochures, books and briefings Pox- 1 � Attachment 7 Resolution No. (2010 Series) Page 8 may be used in the training session, provided that a qualified person is on hand to answer any questions. 26. A Service-approved biologist will be present at the work-site until all California red-legged frogs have been removed, workers have been instructed, and disturbance of habitat has been completed. After this time, the state or local sponsoring agency will designate a person to monitor on-site compliance with all minimization measures. The Service-approved biologist will ensure that this monitor received the training outlined in measure 4 and in the identification of California red-legged frogs. If the monitor or the Service-approved biologist recommends that work be stopped because California red-legged frogs would be affected to a degree that exceeds the levels anticipated by the Federal Highways Administration and Service during review of the proposed action, they will notify the resident engineer (the engineer that is directly overseeing and in command of construction activities) immediately. The resident engineer will either resolve the situation by eliminating the effect immediately or require that all actions which are causing these effects be halted. If work is stopped, the Service will be notified as soon as is reasonably possible. 27. During project activities, all trash that may attract predators will be properly contained, removed from the work site, and disposed of on a daily basis. Following construction, all trash and construction debris will be removed from work areas. 28. All refueling, maintenance, and staging of equipment and vehicles will occur at least 60-feet from riparian habitat or water bodies and not in a location from where the spill would drain directly toward aquatic habitat. The monitor will ensure contamination of habitat does not occur during such operations. Prior to the onset of work, the Federal Highway Administration will ensure that a plan is in place for prompt and effective response to any accidental spills. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. 29. 8. The number of access routes, size of the staging areas, and the total area of the activity will be limited to the minimum necessary to achieve the proposed project goal. Environmentally sensitive areas will be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impacts to California Red-legged Frog habitat; this goal includes locating access routes and construction areas outside of wetlands and riparian areas to the maximum extent possible. 30. To control sedimentation during and after this project implementation, the Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits, issued under the authorities of the Clean Water Act that it receives for the specific project. If best management practices are ineffective, the Federal Highway Administration will attempt to remedy the situation immediately, in consultation with the Service. J Attachment 7 Resolution No. (2010 Series) Page 9 • Monitoring Program The Federal Highway Administration and sponsoring agencies will implement best management practices outlined in the authorizations or permits,issued under the authorities of the Clean Water Act that it receives for the specific project. Community Development and Public Works staff shall review plans to assure that the best management practices are incorporated into plans. 31. If the Community Development Director or hearing body determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural Review Commission's action, thereby granting final approval to the design for a proposed bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive including a bridge over Prefumo Creek, subject to the following conditions: Conditions: 1. The proposed lighting fixtures for the bridge shall be a different style to better complement the aesthetics of the bridge and modified to comply with Mitigation Measure No. 1 and the City's Night Sky Preservation standards. These fixtures and details shall be shown on plans submitted for a building permit and shall be to the approval of the Public Works and Community Development Department Directors. 2. The ultimate fencing detail selected for the edge of the bike path on the northeast side of the Windemere Condominiums shall: 1) eliminate the sharp pickets at the top of the fence to address safety concerns; and 2) maintain a minimal footprint so that the pathway can be as wide as possible. 3. The design of the bridge shall be modified to include entry embellishments and a softer appearance to the approval of the Public Works and Community Development Department Directors. Roof elements were suggested as a design consideration,but not mandated. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: nr�a-- 130 Attachment 7 Resolution No. (2010 Series) Page 10 The foregoing resolution was passed and adopted this 16`h day of March, 2010. Mayor David F. Romero ATTEST: Elaina Cano, City Clerk APPROVED AS TO FORM: Christine Dietrick, City Attorney GACD-PLANTRICCRAROCity Projects\ARC 74-09(Prefumo Bridge)\Rcsolutions\CC Resolution ARC 74-09 appeal.doc Filing Fee: $250.00' .) R ECEIVE® Paid Date Received JAN 2 8 2010 city �� NIA—� O CITY CLERK 'REFER TO SECTION 4 san LUIS OBISpO of o> sroia 16:53 045655 rl_ii P1 RL FE �r�o.00 APPEAL TO THE CITY COUNCIL SECTION 1. AP ELLANT INFORMAT7ON FAUL 0HArJsr--J I36oi �inw,.►SioNoVP-, �,��, C 9270s Name Mailing Address and Zip Code � Iq $ S2- l0L4-1 Phone Fax ' Representative's Name Mailing Address and Zip Code Title Phone Fax SECTION 2. SUBJECT OF APPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: WECc�-1 iri c zy2.AL--RN I CW (0"rut S516",J (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: l/2�%I b 3. The application or project was entitled: 1�6M Ui S1P L.Arz.rs2 b (APLC/ETZ-7 4. 1 discussed the matter with the following City staff member. C A" 74-t C.C_( on l 2'f 12,o-i U (Staff Member's Name and Department) (bate) 5. Has this matter been the subject of a previous appeal? If so,when was it heard and by whom: ND SEC77ON 3. REASON FOR APPEAL Explain specifically what actions you are appealing and vyhy you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 1 / - 4� t J Reason for Appeal continued p i prf-4G D SECTION A APPELLANTS RESPONSIBIUTY The San Luis Obispo City Council values public participation in local govemrrent and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal,.including public-notification, all appeals pertaining to a planning application or project are subject to a filing fee of$250,which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities_.If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be. notified in.writing of the exact date your appeal will be,heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances.. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk_ Please be advised that if your request for continuance is received after the appeal is noticed to the public,the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted,.that action is,at the discretion of the City Council. 1 hereby agree to appear and/or send a representative to appear on my behalf when eal_" sc eduled fora public hearing before the City Council.' f Z o ( of Appellant) (Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions are.$100. 2)The abov"amed appellant has already paid the City$250 to appeal this same matter to a City official or Council advisory body. . This item is hereby calendared for M IL 2.01 t) cc: City Attorney VEL 04 y4P0�«AArT,' ":Vreg Ya -*440 ) City Manager Department Head P4"PC4J iUe Advisory Body Chairperson )ZOor Advisory Body Liaison ktcal City Clerk(original) 2&Zi DSaAJ Page 2 of 3 Bros Paul & Katherine Johansen 1106 OCEANAIRE DRIVE#30,SAN LUIS OBISPO,CA 93405 pkjohansen®charter.net TEL 714-852-1047 FAX 714-544-6449 January 17,2010 Architectural Review Commission San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo,CA 93401 Dear Architectural Review Commission, As homeowners in the Windemere development,we are writing to comment on the proposed action before you on Janu- ary 20,2010,File Number ARC/ER 74-09,1269 VISTA LAGO.The proposed action is final approval to project design of a bicycle/pedestrian bridge over Prefumo Creek that will link the Oceanaire and Laguna Lane neighborhoods,along with approval of a creek setback exception and the adoption of a mitigated negative declaration for the project.A portion of the project will require an easement along the northeast edge of the Windemere development,and will require the loss of parking spaces in the complex,along with the removal of trees and shrubs from the property.The Architectural Review Commission is the final decision-making body acting on the project. We have several concerns with the current action on the proposed project. project Entitlements On Page 5 of the staff report,it is reported that"[t]the pathway through the northeast side of the Windemere Condomini- ums,which has been approved by the Homeowners Association Board of Directors,has more constraints and chal- lenges,but the plans reflect a good solution given the circumstances"(emphasis added). It should be noted the above statement is an incomplete recital of the facts associated with securing the right of entry and/or easement needed through the Windemere property.To our knowledge,there has never been a vote by the Win- demere HOA to approve the necessary easement for this project. In May 2004,the Windemere HOA Board took a vote of the Association Membership on a proposal for conversion of the Windemere Recreation Building into an additional residential unit for sale. The Association Membership voted(by major- ity,but not unanimously)to proceed with the sale.In order to proceed with the sale of the Recreation Building,subdivi- sion of the complex and rezoning would be necessary.After the Membership vote,the Board began discussions with the City,culminating in an Application for a minor subdivision map(Application#45-06)on March 17,2006.As a condition of tentative map approval on September 19,2006,the City Council imposed a condition on the tentative map approval, requiring that an easement be provided through the Windemere complex to allow for public pedestrian and bicycle ac- cess to Vista Lago Park as a replacement.for the loss of recreational amenities associated with the conversion of the recreation building.In the spring of 2007,City Transportation Department.staff approached the HOA Board to discuss the SPITS Grant and begin negotiations on the easement. The HOA was advised by counsel in December 2008 that the subdivision of the Windemere complex and sale of the Recreation Building would require consent of 100%of the Members and their first mortgagees,in accordance with Arti- cle II,Section 2b of the Covenants,Conditions and Restrictions for the development.Such consent HAS NOT been ob- tained.Until such consent is obtained,action on the subdivision and conversion is on hold. In anticipation of the current action before you,City Staff on December 21,2009 transmitted to the HOA Board a Draft License Agreement Granting Right of Entry for review and comment.Given the time frame for the proposed project,it is anticipated that the City would construct the project prior to obtaining the easement and final subdivision map approval. As the easement is tied to the subdivision and sale,no action by the HOA towards approval of the easement or license agreement can take place until such time as the owner consent requirements are met. it should be noted that in addition to the pathway,the East Abutment of the bridge structure is located within the prop- erty boundaries of the Windemere complex.Without the easement or right of entry from the Windemere HOA,the project can not be constructed.Therefore the action before you is premature. Project Mitigations/Conditions; On Page 5 of the staff report,it is noted that the bicycle/pedestrian pathway would be no more than 4 feet wide at its narrowest point.The pathway is described as a two-way pedestrian/bicycle route.The American Association of State and Highway and Transportation Officials recommend a width of at least 10 ft for two-directional shared use paths on separate right of ways.From the drawings,it appears that the majority of the length through the Windemere complex (approx 260 lineal feet)of pathway is substantially narrower than 10 feet.The pathway has 6'solid fence one side and 5' steel grate fence other side.Given that this is designated a mixed pathway,there would seem to be risk of collision be- tween bicyclists passing in different directions,or between bicyclists and pedestrians(or those in wheelchairs).Addition- ally,there is only one light standard proposed for the pathway.This would seem to make the risk of collisions in low light conditions intensified.Additionally,there may be potential security-related issues that might result from providing a rela- tively secluded pathway.No mention of these issues is discussed in the staff report or Mitigated Negative Declaration, nor is there any mention of special operating rules/parameters(such as walking bikes along the narrow stretches or any special policing procdures)proposed for the project. Request: So,in closing,we respectfully request that the Architectural Review Commission delay a vote on the proposal until a right of entry agreement and/or easement can be obtained from the Windemere HOA.Additionally,we respectfully re- quest that Staff be directed to make changes to the project to address the pathway width limitations of the current pro- posal.These could take the form of physical redesign or operating rules/parameters. If operating rules/parameters,they should be made a condition of any project approval in the future. Sincerely yours, Paul and Katherine Johansen cc:Pam Ricci,Senior Planner Peggy Mandeville,Public Works Department Phil Dunsmore,Associate Planner Windemere HOA Board Page2 Shirle_�HoweII _/A 1106 Oceanaire Drive,#39,San Luis Obispo,CA 93405 phone&fax:805-5443840 e-mail;sihowell@earthlink.net 21COUNCIL DTDD DIR February 15,2010 13'6A Cr"416t 2-FIN DIR 1T'AGAeAk_C,-r nzc0-FIRE CHIEF San Luis Obispo City Council RED FILE a A-TTORNEY a_PW DIR 990 Palm Street MEETING AGENDA r _'CLEMORIG Q-POLICE CHF ? i7 DEPT HEADS C-REC DIR San Luis Obispo, CA 93401 DAT ii, 0 ITEM #-&-a L� Pf B Q-UTIL DIR Dear City Council members, Xk-W 77rnc-5 i 4Puuci4- �_ crf1l mce- I'm writing in response to the Architectural Review Commission's action on January 20, 2010 that the city proceeblc_ with construction of a bicycle and pedestrian path extending from Oceanaire Drive to Vista del Lago Drive. The proposed easement is planned on property owned by the Windermere condominiums that would connect to a bridge linking Laguna Lake and Laguna Shores neighborhoods. As a homeowner and resident at Windermere, I'm surprised by the motion because constructing a public path through our property requires 100 percent approval of Windermere homeowners, and no such approval has been obtained. At January's ARC meeting, Senior Planner Pam Ricci stated that the Windermere Homeowners Association had approved the pathway, but in fact, a 2008 Windermere HOA ballot measure regarding the easement failed to get the unanimous approval of our homeowners.And while our HOA Board tentatively plans to distribute a final ballot next month that lists the easement as a condition of selling our Recreation Building,there is no guarantee that all homeowners will approve the measure. This requirement for unanimous approval-dictated by Windermere's state-mandated CCBRs for major changes to our common areas-is not new information to the.city officials familiar with this project.A 2006 City Council Agenda Report by Community Development Director John Mandeville and Associate Planner Phil Dunsmore notes that, "At this time, the HOA believes that the homeowners will not unanimously support the recordation of this easement since it requires that 100 percent of the homeowners agree to it. As with any condominium project, significant modifications to common areas can be problematic due to the fact that homeowners must vote on such changes and ultimately reach an agreement. It is uncertain that the HOA will be successful at reaching a decision whereby all of the homeowners agree... ." And a License Agreement-sent in December 2009 to the Windermere HOA Board by Principal Transportation Planner Peggy Mandeville-acknowledges that the city still needs Windermere's written approval to move forward with the easement.The agreement states that,"In order to satisfy the requirements of the grant funding,the City must obtain an irrevocable right to enter upon the Property in order to construct and maintain the path. Licensee shall not assign the license granted by this Agreement without written consent of the HOA." But on a positive note, I urge the city to pursue the "alternative path location" included in its grant application and mentioned in a 2007 memorandum to the City Council from then-City Administrative Officer Ken Hampian and Public Works Director Jay Walter.Their memorandum reports that Windermere has encountered difficulties in getting approvals and suggests that, "The alternative path location can be developed should the applicant not proceed with their final map." I understand that this alternative plan involves widening the bike lane and walkway along the northeast side of Los Osos Valley Road near Laguna Middle School.A letter written to the city suggests that a planted divider be continued RECEIVED FEB 16 2010 SLO CITY CLERK I ti ` Shirley Howell page 2 of 2 constructed to separate traffic lanes from the walkers and cyclists, creating a protective barrier and adding an attractive element along the roadside. I think this is a wonderful idea. As part of the plan, I urge the city to also consider installing traffic signals at Oceanaire and Diablo drives to control traffic flow through our area and increase safe opportunities to cross the street. Mounting traffic cameras to record and automatically cite drivers for traffic violations would also ensure safe conditions for cyclists, walkers and motorists when law enforcement cannot be present. I and many residents in nearby neighborhoods would welcome having LOVR develop the reputation of being a well-monitored"speed trap." I applaud the city for proposing the alternative path location, which directly addresses the needs of those who regularly walk, bike and drive along LOVR.With thoughtful and creative planning,widened bike lanes and walkways, planted dividers and enhanced traffic controls will offer practical and attractive improvements without encroaching on nearby properties. Such a plan will not only benefit neighborhood school kids, but&I of us who live in the area. It will encourage even more walking and biking, regulate and potentially reduce car traffic, and ultimately prove to be a farther-reaching and more effective use of the city's grant money. Thank you for considering my motion that the city proceed with development of its alternative path location. Sincerely, Shirley Howell cc: Peggy Mandeville, Principal Transportation Planner, City of San Luis Obispo Pam Ricci,Senior Planner, City of San Luis Obispo Windermere Homeowners Association Board of Directors Laguna Shores Homeowners Association Board member RECEIVED From: Thenuck@aol.com[SMTP:THENUCK@AOL.COM] MAR 10 2010 Sent: Wednesday, March 10, 2010 11:51:08 AM To: Council, SloCity Cc: Mandeville, Peggy SLO CITY CLERK Subject: Prefumo Creek Bridge Appeal Auto forwarded by a Rule Dear Council Members, The Prefumo Creek bridge would be a wonderful addition to the bicycle path network in town. The staff report highlights the many benefits including: a) provides a safe route to schools for that area, b)will discourage the very dangerous practice of riding the wrong way on Los Osos Valley Road, and c)provide better access to existing facilities. Staff did a fantastic job of writing and receiving a grant to pay fora large portion of this project and it would be a shame to leave that much money on the table when it could be put to use in this way to promote a healthier lifestyle. I was on the BAC when this project was proposed. I enthusiastically supported the project then and continue to support it today. I urge you the reject the appeal and let the project go forward. Thank you, Tom Nuckols 1717 Conejo Ave. San Luis Obispo, CA 93401 !2-COUNCIL D-CDD DIR ln-GAA-Grr�Are p'FIN DIR v O'AeAtA59r.c"/il6xp-FIRE CHIEF RED FILE E��'ATTORNEY 21PW DIR CI CLERK/ORIG 2-POLICE CHF MEETING AGENDA DEPT HEADS C'fREC DIR 6 0"UTIL DIR DATE, ITEM -rfG���e 0 HR DIR �" NGW rine 'Gau,�1Ct� CIr7 rMG2 /Ci�t2+� RECEIVE® March 10,2010 MAR 10 2010 SLO CITY CLERK Subject: Council meeting March 16, 2010 Bicycle bridge at Prefumo Creek (Appeal of ARC decision) Mayor and Council members: The Bicycle Advisory Committee enthusiastically supported this link. It's a rare—perhaps unique—opportunity. What could be more worthwhile than improving bicycle access for our school children? The link using this bridge will help avoid wrong-way riding on heavily traveled Los Osos Valley Road. There is a clear nexus between the property owners' proposal to eliminate recreational facilities in the affected condominium site and enhancing access to the neighborhood park across Prefumo Creek, as well as linking residents with playfields and indoor after-school or summer programs at C. L. Smith School and Laguna Middle School. The project has minimal ecological and esthetic impacts. A generous safe-routes-to-school grant for the bridge is available to the City. Let's bring those construction dollars home and do this for our families. Glen Matteson, Chair Bicycle Advisory Committee �fA�2D COPY & 1 COUNCIL C"CDD DIR =- RED FILE � �' ''L6-0— 2TIN DIR 21�6�C MAZC CfiFIRE CHIEF MEETING AGENDA ATTORNEY Ga Pw DIR 6ATEAtI64b ITEM # P, AP 1206LERK/ORIG IrPOLICE CHF EP .HEADS 2TEC DIR a-UTIL DIR 1?,HR Dip Ill( tm7ES CCU NoIL P_" rnGQ. Ci.�21C Paul & Katherine Johansen 1106 OCEANAIRE DRIVE k30,SAN LUIS OBISPO,CA 93405 okiohansena➢charter.net TEL 714-852-1047 FAX 714-544-5449 January 25,2010 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Dear City Clerk, In accordance with the procedures set forth in Title 1,Chapter 1.20 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the Architectural Review Commission taken on January 20,2010 regarding 1269 Vista Largo (ARC/ER 74-09).The ARC took action on January 20,2010 to grant final approval to the project,including the approval of the creek setback exception,and adoption of the Mitigated Negative Declaration. I provided comments to the ARC on the proposed action during the public review period(see attached). This appeal challenges the approval of the project on the grounds that the City has not obtained an easement or right of entry to that portion of the proposed project through the Windermere Condominiums at 1106 Oceanaire Drive.Without such approval,the project can not be constructed.Negotiations for the easement and/or right of entry could result in substantial changes to the project that would need to be assessed(or could result in no easement or right of entry at all). Additionally,moving forward with additional work on the project without securing access to the project properties is an inappropriate use of grant monies obtained from the State of California. Further,the mitigated negative declaration fails to address safety and security issues associated with a pathway design that is of substandard width,exposing users to potentially dangerous conditions.Rather than address these issues as part of the negative declaration for the project,the ARC suggested in its Meeting Updates,that the proper venue for hearing concerns of these issues is the City Council(yet it is noted in the Staff Report for the ARC action that the ARC was to be the final decision making body on the project). Failure to address comments on the negative declaration prior to adoption would seem to be an abuse of discretion.We should not be forced to spend$250 to appeal this action to City Council.If the ARC was not prepared to address the issues prior to adoption of the Mitigated Negative Declaration, they should have deferred action until such time as they were prepared or should have requested Council act instead. Sin erely yours, E ohans Attachment City of San Luis Obispo Department of Communit- -7evelopment 919 Palm Street Planning Application San Luis Obispo, CA 93401 (805) 781-7172 Project.Address 1269 VISTA LAGO Parcel# 004-261-085 Project Title VISTA tAGO PARK BRIDGE Legal Description 003.97AC VACANT Zoning 1 C/OS-40 Zoning 2 Property Owner City of San Luis Obispo In Care Of Parks and Recreation Department Owner Address 1341 Nipomo Street San Luis Obispo CA 93401-3964 Applicant Name CITY OF SLO PUBLIC WORKS Day Phone( ) Address 919 PALM STREET SAN LUIS OBISPO.CA 93401 Representative MIKE MCGUIRE Day Phone(805)781-7716 Address SAME AS ABOVE Appellant#1 Paul Johansen Day Phone(714)852-1047 Address 13601 Yellowstone Drive Santa Ana,CA 92705 Send correspondence to Representative Application made pursuant to Chapter/Section of the San Luis Obispo Municipal Code. Planning Services Summary Application# Type of Application Received Fee ARC 74-09 Environmental and architectural review of a 7/28/2009 $0 new bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive and a connecting bridge in Vista Lago Park,including a creek setback exception ER 74-09 Review potential environemental impacts 7/28/2009 $0 associated with the bike/pedestrian path& bridge. AP-CC 74-09 Appeal of Architectural Review Commission's 1128/2010 $250 approval of new bicycle and pedestrian path extending from Vista Lago to Oceanaire Drive and a connecting bridge in Vista Lago Park. Total fees $250 Received By PAM RICCI Fee Paid by Appellant#1 ( 250) Assigned planner PAM RICCI Hearings ARC Arch.Review Commission 1/20/2010 ER Arch.Review Commission 1/2012 01 0 IIIII IIIII C17UYo san l�u�s OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 February 2, 2010 Paul Johansen 13601 Yellowstone Dr. Santa Ana, CA 92705 RE: APPEAL OF ARCHITECTURAL REVIEW COMMISSION-BICYCLE AND PEDESTRIAN PATH.AND CONNECTING BRIDGE-- 1269 V19TA LARGO (ARC/ER 7409). (30 MINUTES) Dear Mr. Johansen: In reference to your appeal being heard by the City Council, City code requires an appeal to'be set for the next reasonably available council meeting, but in no event later than forty-five calendar days after the date of the filing of such notice of appeal with the City Clerk. Although you have agreed by phone to permit us to schedule your-appeal after the 45 day deadline(i.e. March 15, 2010), we require a signed acknowledgement. Therefore,please sign and return this letter to the City Clerk's.Office no later than February 15''. An envelope has been enclosed for your convenience. If you have any questions,please give me a call at 781-7102. Pa ansen Sincerely, '�. RECEIVED Elaina Cann. FEB 0 8 7010 City Clerk SLO CITY CLERK OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. § � 3 @ CD E � � » 2 k � ( \ � $ � a ƒ 2Oo - � 02 / ƒ_ ° ° ` / c \ / cr CD On c 7 ®�z f _ \ / \ \ _ e 2 + 2 ) - = 9 > � } n — > 3 ' g \ � \ � ) . / �Iiilnlhl�lllll{{I�������� �IIIIIIIIIIII� I�IIIII VIII city Of SAn luls OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 February 2, 2010 Paul Johansen 13601 Yellowstone Dr. Santa Ana, CA 92705 RE: APPEAL OF ARCHITECTURAL REVIEW COMMISSION—BICYCLE AND PEDESTRIAN PATH AND CONNECTING BRIDGE- 1269 VISTA LARGO (ARC/ER 74-09). (30 MINUTES) Dear Mr. Johansen: In reference to your appeal being heard by the City Council, City code requires an appeal to be set for the next reasonably available council meeting,but in no event later than forty-five calendar days after the date of the filing of such notice of appeal with the City Clerk. Although you have agreed by phone to permit us to schedule your appeal after the 45 day deadline(i.e. Marchl5, 2010), we require a signed acknowledgement. Therefore,please sign and return this letter to the City Clerk's Office no later than February 15`x. An envelope has been enclosed for your convenience. If you have any questions, please give me a call at 781-7102. =y M® Mr. Paul Johansen ... .. .; n+?. Sincerely, Elaina Cano City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. RE : THE PREFUMO CREEK BRIDGE 3-9-10 The LOVR is a perfectly functional, legal & normal major thoroughfare; just like, say, Higuera, Monterey or Santa Rosa are. The "safety corridor" in question is between : the corneUof oceanaire and laguna lane. The planners have proposed to build a big bridge to replace that stretch of LOVR, while disrupting 2 residential communities & badly mishandling communications & dealings with them. The planners have been pushing this bridge AS it were the ONLY possible solution to the safety issues. Yet- even a cursory examination of the elements involved clearly reveal that the reality is simply notso. The planners have presented scanty reasoning & minimal sound scientific substantiation for such a major undertaking- relying mostly on naive, anecdotal & subjective observations which were collected in a questionable manner BACK IN 2006 ! That- hardly sounds like a good plan for anv project. With that same 2006 data, the planners claim that : the speeding; the width of the existing bike lanes & sidewalks; the lights at the , crossing; the traffic postings, etc, are not up to some safety standards. IF SO- then - WHY AREN'T THEY SUGGESTING FIXING IT ALL , or exploring ALTERNATIVE SOLUTIONS -?!. That , at least, would be in compliance with the basic goals & guidelines of the SRTS initiative. It is wishful thinking at best, gross irresponsibility at worse, and an insult to the public's intelligence, to promote a big bridge over the creek on the assumption, hope & expectation that it will SOMEHOW - fig all substandard safety. Close examination of the factors involved, show that a bridge cannot suddenly, by itself, make kids flock to it on foot or bike, thereby magically reversing local symptoms of a national obesity epidemic; nor could it slow down traffic through that stretch of LOVR. And no one has collected current ( not 2006's !) data on parental attitudes letting kids walk & bike over an enclosed, isolated bridge across the shaded creek. (surely- a great formula for all kinds of trouble !). There are more flaws to this project deserving the council's attention. It is clear that this bridge is an ill — conceived attempt to fix a china shop - with a bulldozer, & so far,- there are clearly more questions about it - than there are answers. We are urging the council to put an indefinite halt to this proiect until a thorough review of all related matters is completed. Furthermore, we propose inviting impartial, out- of- state SRTS experts to Evaluate the traffic conditions in question, and * Recommend alternate solutions to erecting this bridge. - 1 Thank you very much for listening & for your consideration. We are here to take strong issue with 2 matters involving the prefumo bridge project : 1) The actions of the ARC on the j an. 20-th, 2010 public hearing. 2) The project itself. -------------------------------- 1) As it was starting to hear from the public during that hearing, the ARC was appropriately asked by Ms. Heitzman, (who's a resident in our community) : " this being the ARC & is about to consider architectural mmters is it also the right forum for us to voice our objections & grievances for consideration re.this project ? She obviously meant related matters of public & human interest . The ARC's chairperson nodded her to proceed. The commissioners then heard from a few members of our community re.objections to this project. As it turned out, no commissioner found anv of our perfectly relevant complaints to have enough significance to merit at least stopping the approval process & inquiring further re. the points we made. By allowing us to proceed & tell the ARC our complaints, the ARC was under obligation to consider what we told it - IN ADDITION to it's functions on architectural matters. - but It didn't. . Then the arc proceeded to approve this project without checking any of the obvious controversial_ aspects of it. As our elected officials, they're expected to consider — NOT IGNORE US. We find this situation intolerable & unacceptable. Here is aap rtial list of points involved in this matter 1) It is a " no brainer" that when you're about to embark on planning a project which YOU KNOW- WILL HAVE A DIRECT IMPACT ON PEOPLE'S LIVES — BEFORE you proceed, YOU NEED to firstly- contact those people & settle all relevant issues. yet — the planners have been busy, ug ietly planning the proposed bridge since sometime in 2006 — WITHOUT informing us --- which we contend is an ayvarent violation of the-BROWN ACT of the state of California. 2) there are 10 or so "letters of support" for the bridge included in the planners' report. All those letters carry the approx. dates of December 2006. The irony & insult is of course the fact that only in late 2009 ! did the planners get around to finally inform us- of their project. The propriely of this discrepancy ( 2006 --- 2009), as well as other related controversial issues, are begging for the council's attention. RED FILE RECEIVED ` MEETING AGENDA March 16,2010 MAR 16 1019 DA 3 iB v ITEM SLO CITY CLERK San Luis Obispo City Council Re: Walk way from Oceanaire to Vista del Lago It was originally my intention to attend the meeting tonight to support the continuation of the project to build the access from Vista de Lago to Oceaniare for pedestrians and bikers. However, my Mother is seriously ill,was placed in home care hospice today,and I can no longer take the time to attend the meeting this evening. Since seeing the posted notice of tonight's meeting I have spoken with a number of my neighbors who walk regularly. Three of them are out of town today and cannot appear in person but have provided me with written statements of support of the project,Cardwell, Crawfords, and Davidson. My other neighbor, Laura Freberg is no able to attend tonight. They request that their support be noted. I live on the Descanso side of Laguna Middle School, as do all these individuals except Fran Davidson. Even though we are on the other side of the school we walk both neighborhoods regularly, usually daily. I walk more than once as day as do others. The asphalt road behind the Middle School allows easy access between these two cul-de-sac neighborhoods. But then there is no choice but to go out to LOVR to continue on to the shopping center, farmer's market, Post Office, Laguna Lake Park, or other destination on that side. When I first moved here 5 years ago I noted the lack of a route over the creek except for the very busy LOVR. Now it appears that problem can be rectified and will receive a lot of use not only from the school children and neighbors in the immediate area but also from those of us living on the other side of the school. In the short time available I did not have time to contact all the people who I know walk daily. However, I would like to point out that everyone I was able to speak with strongly supported the idea of moving ahead with the proposed project. I had read the staff report on the web page and advised others to do so as well. Thank you for taking our opinions into account. Sincerely, COUNCIL p'G`DD DIR f' f'/MGIC 3-FIN DIR moo; ft"a0Aw FIRE CHIEF M. Anne Spe �AORNEY C3'�W OR 1 CLERK/ORIG ®'POLICE CHF 1333 Vega Way ❑ DEPT HEADS CEO DIR SLO, CA 93405 Id HA DIR 805-596-0133 8 _ R DIR /AJGLJ 77ntc5 iCou 66IL C1Th /1i�2 �Cl.�2k Date: Sun, 14 Mar 2010 10: 59: 56 -0700 From: Fran Davidson <fdavi' -)n@charter.net> To: M, Anne Spence <maspence@uci.edu> J Subject: Bridge to Oceanaire Hello: I am not able to be at the March 16th meeting as I will be in the Bay Area but I want to express my support for the creation of a pedestrian/bike bridge from Vista del Lago to Oceanaire. I live at 1180 Vista del Lago. When my children were young, I almost daily walked with them to C.L. Smith Elementary School, up Laguna and down Los Osos Valley Blvd to Oceanaire, an unpleasant walk but one that I felt strongly they needed to get exercise and fresh air before the school day. Later, I did let them bike to school but worried about the traffic along the busy boulevard. making them break the law by riding on the sidewalk on that stretch. Los Osos Valley Blvd. has become ever more busy in subsequent years. Jur neighborhood is again getting young families with children and I 'd love them to be able to get to school in a pleasant way. And I am sure that I, now 68 years old, would much more frequently walk to the Spencer' s grocery store and its surrounding businesses if I Jidn't have to face the sounds and car exhaust of Los Osos Valley Blvd. I do know that my neighbors near our pocket park have concerns about security and privacy which I can understand. I hope these can be resolved to the satisfaction of all. Frances Davidson March 13,2010 To whom it may concern: As homeowners at 948 Vista Del Brisa, San Luis Obispo, CA 93405, we are in support of pursuing the construction of the Bicycle and Pedestrian Path and Bridge over Prefumo Creek at 1269 Vista Del Lago. Jerry A. rawford P. J. Craw rd )ate: Mon, 15 Mar 2010 21: 11:22 -0700 From: Laura Freberg <laura iurafreberg.com> ( , Co: mespence@uci.edu :c: roger@rogerfreberg.com )ubject: Prefumo Creek Path U, Ann. It was a pleasure talking with you today. toger and I appreciate your willingness to communicate our support for :he Prefumo Creek pedestrian/bike bridge to the City Council. We believe :hat the proposed bridge would improve the quality of life for local =esidents who already walk or bike, while encouraging others to increase :heir exercise levels and well-being. In particular, providing a safer, :lore natural, and aesthetic walkway away from the noise, smell, and :ongestion of LOUR would be particularly beneficial to local Schoolchildren. 'hank you for your hard work on behalf of all of our local "walkers" and :yclists. We hope you and Casey will be enjoying the bridge quite soon! 3est regards, ,aura Freberg L384 Sonrisa Court San Luis Obispo, CA 93405 305. 543. 7624 Date: Wed, 10 Mar 2010 08:22: 31 -0800 From: Judy Cardwell <sloya ?yahoo.com> To: M. Anne Spence <maspence@uci.edu> Subject : SLO City Council Hearing Anne: Please include my message with others you may have to take to City Council Mtg. Thanks Judy To: SLO City Council From: Judy Cardwell 1345 Diablo Drive San Luis Obispo, CA 93405 As a resident of the Laguna Lake area and one who tries to walk daily, I wish to express my support for the creation of a path between Oceanaire and the neighborhoods to the west of Prefumo Creek. When weather allows, I frequently walk to the Saturday Farmers ' Market and the creation of a bridge and connecting path to Oceanaire would make the walk so much more pleasant. Additionally, it would be a real plus to not have to walk along the noise and traffic of Los Osos Valley Road, and might also encourage me to feel more kindly about riding my bike in the area. n From: Kerry and Kent Taylor[SMTP:KKPT3@SBCGLOBAL.NET] Sent: Tuesday, March 16, 2010 4:49:01 PM To: Council, SloCityfrpw� Subject: ARC2ER 74-09-Tonight's Agenda Auto forwarded by a Rule Dear Mayor and Council members, I support the Architectural Review Commission's action to approve a mitigated negative declaration and the design of a bicycle and pedestrian path and bridge over Prefumo Creek at 1269 Vista Lago. It would seem this project will encourage more pedestrian and bicycle traffic and thus will benefit the environment. Thank you. Z lCxele-5� Kent TayloDesc 1295 Descanso St. San Luis Obispo, CA LC<-- kkpt3@sbcglobal.net MAIVD Z ce- 1 From: Brett Cross[SMTP:BRETTCROSS@YAHOO.COM] Sent: Tuesday, March 16, 2010 3:52:41 PM To: Ashbaugh,John; Ashbaugh, John; Council, SloCity Subject: Pedestrian Bridge. Auto forwarded by a Rule RQN wrote a letter of support during the initial concept phase. The question I have as a supporter of maintaining Laguna Lake as a recreational body of water is how does the bridge effect the periodic siltation removal from the Perfumo Arm. Brett RECEIVED From: Sarah Ritter[SMTP:SARAHRITTER@SBCGLOBAL.NET] MAR 16 2010 Sent: Tuesday, March 16, 2010 7:37:55 PM To: Council, SloCity SLO CITY CLERK Subject: Perfumo Creek Bridge Auto forwarded by a Rule Dear City Council Members- I want to write to express my complete support for the class 1 bike path linking the two neighborhoods along Los Osos valley Road. I support the Safe Routes to School program having two children myself, and think that we should do what we can to encourage families to walk and bike to school.. Making the streets safer for our children and residents is a winning goal for the community. Sincerely, Sarah Ritter 1352 Pacific St. San Luis Obispo, Ca 93401 From: Philiption@aol.com[SMTP:PHILIPTION@AOL.COM] Sent: Tuesday, March 16, 2010 2:25:46 PM To: Council, S1oCity Subject: Laguna bike route Auto forwarded by a Rule Hello Council members... I write to kindly ask for your support on the Laguna bike path proposal. Anything we can do to give the kids an off street link to school to be celebrated! My son @ Laguna now and my daughter is soon to arrive. Let's make this happen! cheers, Philip Novotny 1366 Sydney SLO 93401 805 541-3063 From: Rushdi Abdul Cader[SMTP:EMERGENCYMED@GMAIL.COM] Sent: Wednesday, March 17, 2010 12:08:40 AM To: Council, SloCity Subject: Bicycle access on bridge Auto forwarded by a Rule We were not able to attend the meeting this evening,but wanted to express our support of safe bicycle routes for children, and all who travel through San Luis Obispo. As a pediatrician and as an emergency physician, my wife and I see on a daily basis the traumatic results of traffic not used to bicycle traffic and roads not engineered to safely allow both types of vehicles. Please support the Perfumo Creek Bridge Bike and Pedestrian Path! Rushdi Abdul Cader EmeroencvmedC�mai l.com From: Matt Ritter[SMTP:MRITTER@CALPOLY.EDU] Sent: Tuesday, March 16, 2010 8:09:50 PM To: Council, S1oCity Subject: Perfumo Creek Bridge Auto forwarded by a Rule Dear City Council Members- I am writing to express my support of the bike path linking the neighborhoods along Los Osos Valley Road. Please support this proposal. Sincerely, Matt Ritter 1352 Pacific St. San Luis Obispo San Luis Obi.po Council of odovernments Arroyo Grande adero Regional Transportation Planning Agency over Beach Grover Beach Metropolitan Planning Organization Morro Bay Rideshare Program/'Census Data Affiliate Paso Robles gr Pismo Beach Ronald L.DeCarli-Executive Director Service Authority for Y Freewa s and Expressways San Luis Obispo `J San Luis Obispo County March 16, 2010 Cn/L Mayor Dave Romero and.Council Members ,GUtrJD� J'L M' City of San Luis Obispo MAJOEVL'�& 991 Palm St /r7 San Luis Obispo, CA 93401 TL�u n I' [VL AAX RE: Safe Routes to School Project; Class I spanning Prefumo Creek Dear Mayor Romero and Council Members, SLOCOG would like to take this opportunity to strongly support the Class I multi-use path and bridge over Prefumo Creek that will connect Laguna Middle School with the adjacent neighborhood. This project is an example of SLO City's commendable ability to secure competitive funding for projects within the City. The project is in the City's Bike Plan and has been in the Regional Transportation Improvement Program since the grant was awarded in 2007. The daily traffic volume on Los Osos Valley Road is already high and is projected to increase approximately 12°x6 between now and 2035, the current Level of Service D/E is expected to decrease to LOS E/F during the AM peak. The volume of traffic makes it difficult for children to bike along this corridor. Traffc poses particular concerns for westbound cyclists during the morning and afternoon drop off times, due to drivers merging into and effectively stopping in the bike lane, as they wait in the queue to drop their children off in the parking lot. This situation usually causes students to ride illegally on the sidewalk. Additionally, the Rideshare division of SLOCOG is responsible for the non-infrastructure program components of Safe Routes to School Programs (such as educating students on how to ride safely, promotional events like a bike/walk to school day, and incentive programs). Rideshare has worked with both Laguna Middle School and CL Smith Elementary school by providing Bike and Walk safety assemblies (2007) and through Bike Month Mini Grants used to promote bicycling during the month of May (May 2008). We recommend the City Council keep this project on track, deny the appeal, approve the Architectural Review Commission's action, and move forward with construction of the project. This project will benefit not only student attending these schools, but also the general public, as this project is one of many valuable project that create a network of bicycling opportunities in the City of San Luis Obispo. Thank you again for your continued efforts to make bicycling and walking viable options in the City and region. . 1114 Marsh St., San Luis Obispo, CA 93401 ♦Tel. (805) 781-4219 Fax(805)781-5703 Email:.slocog@slocog.org• Internet: httpHwww.slocog.org Feel free to contact me at 781-4219 if you have any questions or if there are other ways SLOCOG and Rideshare can provide support in this effort to get the project constructed. Th nk you, Ronald L. De arli Executive Director i From: Jim Hobbs[SMTP:JIM.HOBBS@GOETZMANDERLEY.COM] Sent: Tuesday, March 16, 2010 10:19:12 AM To: Council, S1oCity Subject: Windermere Homeowners Association-Proposed Walkway/Bridge Easement Importance: High Auto forwarded by a Rule _= RED FILE Good morning, — MEETING AGENDA DAT -3/4oho ITEM # �H�-- The Board of Directors of the Windermere Homeowners Association respectfully submits this letter for your consideration. There is a hearing scheduled on this matter this evening. Thank you, L--COUNCIL 2-CDD DIR ( 'A$GrY hAt =-FIN DIR { � B�TiB� FIRE CHIEF F EMTTORNEY 0-PW DIR 12-CLERK/ORIO 3"POLICE CWF fa DEPT HEADS G-REC DIR MTJJTIL DIR Jim Hobbs, CCAM Regional vice President s M-HR DIR AX-Zv 774)(5 — 84LAAe.« 3563 Empleo Suite B, San Luis Obispo, CA 93401 C1ry M cc P: 805.544.9093 F: 805.544.6215 f��� EMAIL: <http://www.managementtrust.com/> jim.hobbs@goetzmanderley.com WEB: <http://www.managementtru6t.c6m/> www.managementtrust.com FACEBOOK: <http://www.f&c6book.com/pages/The-Management- Trust/96578772939> Management Trust RECEIVE® MAR 16 2010 SLO CITY CLERK WASHINGTON I OREGON I CALIFORNIAN NEVADAI ARIZONA Follow us on Twitter: <http://twitter.com/MANAGEMENTTRUST> http: //twitter.com/MANAGEMENTTRUST March 15, 2010 Honorable Mayor and City Council City of San Luis Obispo 990 Palm St San Luis Obispo, CA RE: Windermere Recreation Building Conversion Dear Honorable Mayor and City Council: The Board of Directors of the Windermere Homeowner's Association ("the Board") wish to take this opportunity to update you on the status of our pending application and the recording of a final tract map for the rezoning of our property to allow for an easement on our property in favor of the City of San Luis Obispo in association with the potential conversion of our Recreation Building into a condominium unit. We started this process with the hope that we would be able to convert our recreation building into another residence.Since that time we have been advised by our counsel that we must satisfy the requirements of our Covenants Conditions and Restrictions ("CC&Rs") and reach 100%unanimous approval from all homeowners and first mortgage holders in order to move forward. At this time,we are .not sure when or if we can reach unanimous approval,and until such time we ask that the City put the project, "1269 Vista Largo (ARC 74-09)"involving an easement on our property on hold until the Board can satisfy the CC&R's requirements. Further,in accordance with our CC&Rs,we cannot authorize access to our property nor grant any license agreement to the City for an easement until such requirements are met. We will keep you informed as we work with our Members to determine the best course of action in accordance with our CC&R"s. Sincerely, Board of Directors Windermere Home Owners Association From: Rita & Matt Colonell[SMTP:SLO1997@GMAIL.COM] Sent: Tuesday, March 16, 2010 9:41:16 AM To: Council, S1oCity Subject: Please Support Prefumo Creek Bridge and Class I Bike Path Auto forwarded by a Rule Dear San Luis Obispo City Council Members, I urge you to support the already funded Prefumo Creek Bridge and Class I Bike Path that will connect Laguna Middle School and CL Smith Elementary School and increase Safe Routes to School. This is a great project that will get kids and locals on their bikes and out of cars. This is good for their health, good for the environment and good for the city. Providing alternatives like biking and walking to automobile travel is critical to children and the elderly who need and want exercise, but don't feel comfortable on the city streets. It is good for the homeowners as well, as Rails-to-Trails organization and others have shown over and over how these types of bike paths increase value to the surrounding neighborhoods. There is no downside to this project. Property owners often fear these types of changes, but when interviewed after the projects were completed, say their fears turned out to be unfounded and they are glad the paths are there. Our city has made such tremendous progress in making this a bike friendly townand destination! Please support this project. Thank you for your consideration. From: Chris Mathis[SMTP:CHRISSMATHIS@GMAIL.COM] Sent: Monday, March 15, 2010 9:55:19 PM To: Council, S1oCity Subject: we support Prefumo Creek Crossing Auto forwarded by a Rule Hello SLO City Council. As a Laguna Shores home owner we want to express our support for the Prefumo Creek Crossing Bridge. This would be a definite enhancement to our neighborhood. There is no question that we would use the bridge daily for walking our dog, accessing Laguna Village, and commuting by bicycle to the Laguna Lake and Madonna Plaza areas. Our only option currently is to use Los Osos Valley Road. The heavy traffic is a serious safety concern for our family and that forces us to use our car more than we would like only adding to the traffic on Los Osos Valley Road. Thank you, Chris Mathis Adriana Mathis 1261 Laguna Lane San Luis Obispo, CA 93405 cell 805-801-8559 home/fax 805-782-0207 From: Stephen Hilty[SMTP:STEVE.HILTY@SBCGLOBAL.NET] Sent: Monday, March 15, 2010 8:09:06 PM To: Council, S1oCity Subject: Class 1 Bike Path Auto forwarded by a Rule Dear All: I support a Class 1 bike path linking family neighborhoods near Laguna Middle School and CL Smith Elementary School. Please support this path.. Steve Hilty 4631 Poinsettia Street San Luis Obispo, CA 93401 541-6801 From: Paul Reinhardt[SMTP:PCR026@GMAIL.COMI Sent.: Monday, March 15, 2010 7 :49:14 PM To: Council, S1oCity Subject: Perfumo Creek Bridge Auto forwarded by a Rule Just wanted to say please support the Perfumo Street Bridge project. This is a important part of providing a safe route to school. Thanks, Paul Reinhardt San Luis Obispo, California "If you plant ice, you're going to harvest wind. " Robert Hunter From: Susan Coward[SMTP:SUSAN@MRCOWARD.COM] Sent: Monday, March 15, 2010 6:48:32 PM To: Council, SloCity Subject: Prefumo Creek Bridge Auto forwarded by a' Rule Dear Council Members and Mayor Romero, Thank you for all you do for San Luis Obispo. As a native resident, I truly appreciate your dedication to upholding the unique quality of life we enjoy. I am writing to tell you how much the Prefumo Creek Bridge will enhance life for our family. My husband isa teacher at Laguna Middle School. He has been biking to work every day from our home in the downtown area for over 15 years. He's looking forward to the day our son will enter Laguna and start joining him on the ride, but there are challenges to getting there safely on bikes. My husband is willing to take those risks on his own, but has concerns about bringing our son with him. The proposed bridge will greatly alleviate some of those problems, as it will allow them to avoid the scary traffic around the entrances/exits of Laguna Village Shopping Center and the traffic on Los Osos Valley Road. Our son currently attends Hawthorne Elementary, where he and his friends participate in a wonderful Safe Routes to School program. It is wonderful to see so many families arriving on foot, bike, skateboards, scooters, etc. These same families will be sending their children to Laguna Middle School. We've had many discussions about how to get them there safely without creating more crosstown traffic, pollution and congestion at the school site. Connecting the neighborhoods in Laguna with the Prefumo Creek Bridge will be a valuable piece of the solution. Please uphold the ARC's approval of this project. It represents good planning that will bring many long-term benefits to residents. Thank you again for your time and dedication to our community. Not a day goes by without our family and friends talking about how lucky we are to live here. Susan Coward 1535 Nipomo St. San Luis Obispo, CA 93401 From: Betty Aten[SMTP:BETTY@SLOREVO.COM] Sent.: Monday, March 15, 2010 6:20:58 PM To: Council, SloCity Subject: Perfumo Creek Bridge Appeal Auto forwarded by a Rule Dear Council Members, Keep the momentum going! You've supported important bicycle projects in the past and I'm counting on your continued support with the Perfumo Creek Bridge. Offering safe bicycle paths to schools is beneficial for all involved -- bicycling promotes a healthy, safe, environmentally friendly way to get to school. Thanks for your continued support of safe bicycling in SLO, Betty Aten i HA�LD COPY �+'IxYrL March 10,2010 RED FILE �E-�/CUNCIL E5 cDD DSR LJ CAO MTFIN DIR City of San Luis Obispo MEETING AGENDA i3'ACAO ( IRE CHIEF Mr. Mayor Dave Romero 3/b /o OTTTORNEY:: �W DIR ..;.DAT ITEM.#��p�a. -. . 990 Palm Sueet3'CLERK/ORIG POLICE CHF San Luis Obispo,CA 93401 DEPT HEADS a-JEC DIR (8 a QTIL DIR '77?!u '. RR Att: Mayor Romero /l.�lJ TInICS CoU NC/L RE: Windermere/1106 Oceanaire#34 ARC/ER 74-09 File#004-311-047 Dear Mayor, I am writing to you and the City Council members to express our disapproval of giving up precious land in our tiny community for the use of a trail/bike way through our property. We are not in support of this issue and further feel cheated and misguided by the HOA board with their pursuit to convert the recreation building into another housing unit Our HOA continues to spend our money by Special Assessments and continuing rise of dues to cover expenses involved with exploration of conversions and special deals with the City. We purchased our unit right next to the clubhouse under the idea of having that as an extension of our home only to find out that the place was being locked up due to vandalism and the residents have been deprived of its use for years. Parking is a serious problem in the area adjacent to the recreation building.There are no extra parking spaces for us or guest in the immediate area.The conversion and swapping has been a bad idea for the residents and land owners of Windermere. Ibelieve this issue would fall under poor or lack of planning and as an after thought in that the proposed trail will take up valuable parking spaces and disturb the quit,peaceful and charming community which we felt in love with as well as to encourage trespassing onto our property. I am asking you and the rest of the City Council to scrap this afterthought for the good of our community. Thank you for your consideration and hopefully put this matter behind us.Please feel free to contact me at (760)807-8836 with any questions. Sincerely, 2 "6 AMichaand MarthaVilleg 1106 Oceanaire Drive#34 0�� San Luis Obispo,CA 93405 Cc:Mr.John Ashbaugh RECEIVED E C C I V E n Ms.Jan H.Marx fl \./C !! l.� Mr.Allen K. Settle MAR 16 2010 Mr.Andrew Carter SLO CITY CLERK 4 C��NCIL 2—CDD DIR EffTAe Gh'y MGK {3-FIN DIR + ff-*eReA59cmeAr-R D-FIRE CHIEF From: Helen Bankston [mailto:slosammie@att.net] ! E TATTORNEY Z-PW DIR Sent: Friday, March 12, 2010 8:01 AM r 131CLERK10R1G i POLICE CHF To: Ricci, Pam ❑ DEPT HEADS t:)-AEC DIR Subject: 3/16 -ARC/ER 74-09 �!� Ca'UTIL DIR 2-11R 0IA NL'W Ir Lrptc UCI L Dear Ms. Ricci - Thank you for your offer to deliver this to the City Council for their consideration and inclusion in the comment process on the 16th of March: RED FILE MEETING AGENDA Dear Members of the San Luis Obispo City Council: DA J3 /t, ITEM # PNa`.: .. I own the residence at 1172 Oceanaire Drive, which is adjacent to the pedestrian path proposed under the above referenced item on the March 16, 2010 City .. Council Agenda. Last August, I had occasion to walk the creek area proposed for this path (adjacent to my back yard) which I understand is funded by a grant dedicated to making a safe access for youth to walk from Oceanaire Drive to the Junior High School on the other side of the tributary to Laguna Lake. My concern arose when I considered the remoteness of this area...no traffic or obvious view (or access) to neighboring homes...this is even more secluded than footpaths around Laguna Lake, which for safety reasons I will not venture by myself, where there is a history of bad things happening to solitary people. I am deeply concerned that the proposed footpath beside and behind my home will be a safety hazard for the young people for which this access is planned. When I was walking the tributary area, there was evidence of transient camping (I took pictures...but because I am away from the camera and chip containing those pictures, I am unable to attach them to this email.) That living activity concerned me when I learned of this proposed footpath for young people. The questionable character of people camping in the tributary area and access of our children to the junior high school looks to me to be creating an invitation for harm that is unnecessary. We have a perfectly good sidewalk in plain view of populated areas that does not present the extreme hazard I fear this remote pathway creates. Please reconsider this plan. Sacrificing a young person is not worth the dollars generated by the construction this project. The remoteness certainly places solitary walkers at risk. San Luis Obispo has had its share of unfortunate occurrences: Cal Poly and Kristin Smart; the bridge at Railroad Square and Rex Crebs; and even Laguna RECEIVED MAR 15 2010 SLO CITY CLERK Lake where a woman was found drowned in the waters a few years back and other unfortunate occurrences of record. We do not need to create a situation that would foster an opportunity for an innocent person to be victimized... I fear this is just such a situation. This remote, unpopulated path housing transients of questionable character, or presenting opportunity for a solitary person with victimization intent, is what I belive is being created here. I am in San Francisco as I write, addressing a family emergency. As a result I am unable to attend the meeting on the 16th. I trust this message will reach you, the Council and my concerns will be given serious thought. Thanking you in advance for your consideration. Sincerely, Sammie Bankston 1172 Oceanaire Drive San Luis Obispo CA 93405 slosammie(cDatt.net 805) 5543-4074 kxo co py, OwL_ 2TCOUNCIL O CDD DIR 13£n48ClMW-k nIN DIR PMK Partners, LLC ' 0AGAelo `rrctr"Azt Z-FIRE CHIEF P.O. Box 1209 ffATTORNEY p'pW()IR Discovery Bay, CA 94505 t 3-CLERK/ORIG L'IPOLICE CHF " 1' rlEl DEPT HEADS SEC DIR i O-UTIL DIR RED FILE 14 March 2010 - MEETING AGENDA Nrt''t� icarac �t� Ms2 DA Ie ITEM #_±L_ Honorable Mayor Dave Romero, City of San Luis Obispo City of San Luis Obispo Staff Allen Settle,John Asbaugh,Jan Marx,Andrew Carter 990 Palm St. San Luis Obispo, CA 93401 Re: Opposition to Easement Proposal, 1106 Oceanaire Drive Dear Honorable Mayor and City of San Luis Obispo Staff, I am writing to express my opposition to a proposal for granting of easement to the City of San Luis Obispo(City)by Windermere Homeowners Association(Windermere HOA) in conjunction with the development and sale of the recreation facility in the Windermere condominium development(Windermere). I understand that a path along the Eastern edge of the development is planned to provide access to a bridge across Perfumo Creek, which will result in removal of existing landscaping vegetation and parking facilities. I purchased Unit#49 at 1106 Oceanaire Drive approximately eight years ago that included,as common area, the existing vegetation and on-site parking facilities. I desire that the existing vegetation and parking areas be preserved in their current ownership state and no granting of easement be conveyed to the City. My reasons are: 1. The existing vegetation provides Windermere residents privacy and reduced noise from the adjacent properties. 2. The existing parking,as planned to be removed,will further frustrate needed on-site parking by.Windermere residents that is currently at a premium. 3. Reduced personal security to Windermere residents could potentially result from this easement and associated bridge project. Additional public access through the Windermere property due to this easement RECEIVEDand associated project will provide greater visual and personal access to Windermere residents by the general public. MAR 16 2010 SLO CITY CLERK .4. The existing areas under consideration for easement granting have real value and, if such land is important enough to the City, the City should adequately compensate Windermere residents for reduced asset values and quality of life after such land is conveyed for exclusive City use. Furthermore, Windermere residents'property taxable area and asset value must also be reduced for any land conveyed for exclusive use by City. I have had no recent,established value for the parcel currently proposed easement by the City nor commensurate property tax reduction communicated to myself or other Windermere residents. While the issue of Windermere's conversion of a recreation facility to a domicile is possibly not directly an issue for the Architectural Review Commission for the easement and related bridge project, I want to voice my opposition to the Windermere HOA's conversion of my private property ownership rights in common areas to third parties without my express approval. My unit was purchased amenities that included the recreation facilities, as well as certain common areas and parking spaces that,after such conveyance activities to third parties,will no longer be available for my use and enjoyment. The conveyance of this property will necessarily reduce the value of my property and will force the use City provided facilities that are scarce,less convenient, and more heavily regulated. I voted against this project some years ago after careful consideration. My opinion on this matter has not changed. Therefore, I respectfully request the easement proposal by the Windermere HOA in conjunction with the recreation room-to-domicile conversion be soundly REJECTED by the City. Sincerely, PMK Partners, LLC Edward J. O'Brien,Manager and Partner Cc: Patrick O'Brien Michael O'Brien Kevin O'Brien Richard Hobin,Esq. htL - 1VtU MAR . _ 2010 SLO CITY CLERK council memORAnbum .� .q t- _ iaa�'w. dr� �' �i 'ci;.,,, :1•l,p'.Y;'f� H• y.' o i _ �: Date: March 15, 2010 NMza covy RED FILE f E40couNcfL TO: City Council MEETING AGENDA '�� � IYF D12N RR t� AT �b io ITEM # PMS 3'AeAtAsra"tu� eM-FIRE CHIEF Ca-ATTCRNEY (3-pyy plp VIA: Katie Lichtig, City manager l 'CLERK/ORI© MP06ICE CHF ❑ DEPT HEADS b"REo DIR FROM: Jay Walter, Public Works Director �� C'1'UTIL DIR - _ I�FIR BfR I SUBJECT: Responses to Questions on Council Agenda Item PH2 ARC 74-09 (Prefumo Creek Bridge Appeal) Public Works staff has received several questions from Council members regarding the appeal of the ARC's approval of the design of the Prefumo Creek bridge and pathway project. The following is a response to those questions: 1. Has the recreation building been converted to a living unit? Response: No, nor has the homeowners' association submitted an application for final map approval. 2. Why did the ARC review the project before an easement had been secured? Response: The easement was a requirement of the tentative map, and staff has been working with the Windemere HOA board to set the parameters of the easement width and location that was reviewed and approved by the Architectural Review Commission. In order to finalize discussions with the Windemere HOA board, the City needed to obtain a final project scope and identify any potential environmental issues that could affect negotiations with the homeowners' association. While it would be ideal if all negotiations had been completed with Windemere prior to this occurrence, the bridge project needed to be fully vetted to allow for full discussions with stakeholders and adjacent land owners as well as finalizing negotiations with the Windemere residents and board. 3. What is the status on the negotiations with Windemere? Response: Staff has been working with the Windemere homeowners' association board for the past several years on the design of the project and the steps needed to approve the final map. To assist the HOA in moving forward and defraying some of the costs associated with the final map, the City has so far agreed to: • Allow Vista del Lago Park to be credited as the project's recreational amenity. • Waive traffic impact fees (approximately $2,800). • Credit school impact fees at $0.40 per square foot of residential unit. • Pay up to $10,000 ($200 per unit) in title insurance costs to add access easements to property titles. • Accept liability for the public access easement. During the past year or so, the association board has discussed the idea of not moving forward with the final map. Should the Windemere homeowners' association decide not to move forward with the final map, the City would offer similar support for an easement or other agreement which would allow the construction of the pathway. Staff attended the board's February 22, 2010 meeting to answer questions about the project and reiterate the City's financial commitment. 4. What kind of vote of the Windemere homeowners association is needed in order to permit the City to construct the path? Response: The City has heard from the homeowners association board that they need 100% of the 49 Windemere homeowners and their mortgage lenders to sign the final map document for the recreation building conversion and public easement. Given the complexity of accomplishing this task with what could easily be over 50 lenders from out of the area, the City has offered to meet with the association's legal counsel should the board wish to determine if other options (such as a license agreement) are available to them that may not require 100% homeowner and lender approval via final map signature. 5. Can the path be wider than four feet on the Windemere side? Response: As currently designed, the bridge over the creek is proposed to be 10 feet wide. On the Windemere side of the creek, the 10 foot wide path continues until a four foot wide pinch point is reached. The path width then gradually widens to 6.5 feet near Oceanaire Drive. While this constriction isnot preferred, it would not be the first in San Luis Obispo. A few similar examples in the City include: • Four (4) foot wide staircase and separate four (4) foot wide accessible ramp to access back side of Bishop's Peak School from the adjoining neighborhood off Los Cerros Drive. • Five (5) foot wide pathway from rear of Marigold Center to adjacent Poinsettia neighborhood. • Six (6) foot wide bridge over San Luis Obispo Creek providing access from the San Luis Drive neighborhood to Monterey Street near Grand Avenue. The width constraint for the Prefumo Creek bridge project results from the Windemere homeowners association board's desire that the project not reduce the number of parking spaces on their property and that the path be separated from their development with a fence. These perimeters were made by the board back in early 2008. Because it has been two years since this direction, the Council may want staff to reconsider design options that would accommodate an 8 foot wide path in the location and offer additional compensation to Windemere for the reduction or relocation of parking. The following draft condition #4 could be added to the Council resolution to allow design flexibility in effort to widen the path: Condition 4: Based on continuing negotiations with the Windemere homeowners' association board, modifications to the path design on the northern boundary of the Windemere condominium development may be approved by the Community Development Director if the modifications result in a wider path width at this location. T:\Council Agenda Reports\Community Development CAR\2010\ARC 74-09 Red File v3.doc Don&Carol Stine 1291 Vista del Lago San Lob Obispo,CA 934054836 Phone: 805-748-19% +lk�o CAP ti 6MAiL- .-^COUNCIL L2-CDD DIR M-SA15" v6e D-FIN DIR March 12,2010 RED FILE 9'AGAGAWC-Anrce 2TFIRE CHIEF MEETING AGENDA ATTORNEY aPW DIR E11CLEftORId 0-POLICE CHF San Luis Obispo City Council DA 1�' �� ITEM # PI+a 71 DEPT HEADS M-REC DIR I75------� M� UTIL DIR City of San Luis Obispo � Tom, 990 Palm Street - — - CiNR DIR San Luis Obispo,CA 93401 Cour'e.i L �0-i" Mop- i C(,Er2 W- Re: Pref uno Creek Pedestrian/Bike Bridge @ 1269 Vista del Lago Honorable City Council Members, My husband and I have owned our Laguna Shores home since 1980 and lived in it since 1990. Our property backs up to Prefiuno Creek near our neighborhood park. Because our home is a condo with the garage in font,Pref no Creek is our"view." Most of what we observe is wonderful: gorgeous foliage and amazing animal life in a natural habitat. But,in the past,we have witnessed numerous disturbing"activities"in the Creek(all human generated): young people doing drugs,the smashing of fluorescent light tubes on tree trunks,smoking(fire hazard), fights(one involving a knife),a transient masturbating,a"nest"of trash and drug paraphernalia where some individual lived,and young people chasing and scaring the water fowl. It was only after we and our neighbors living on the Creek regularly intervened and the city plugged a gap in the park fence,that there was a sharp drop in these negative activities. We love bridges in general,and appreciate the aesthetic and practical enhancements they can bring to communities. We also understand that the grant money will provide employment to stimulate our economy. However,we are saddened by the long-term impact to our neighborhood and Creek that we believe this bridge will bring: 1. Increased pedestrian traffic through our now-quiet neighborhood. (In the past when students scaled the fence at the park, mailboxes had been opened and mail strewn in the creek. Litter was prevalent). 2. At night,the bridge will provide a clear view into backyards and houses,and severely compromise our privacy. 3. Re:the Oceannaire/Windermere path to and from the bridge: inviting children to a secluded location behind garages is a real safety concern. RECEIVE® MAR 15 2010 SLO CITY CLERK 4. Re-introducins bludentsdpedestrian traffic to this creek locaL.1 will again result in fences being climbed and bent,and the Creek losing its"nature preserve"quality. We dread having to experience all the problems starting up again. Therefore,please count us as one family that opposes THIS bridge,and know that many of us view this plan as just one more intrusion into a natural space,an established neighborhood,and people's lives. We strongly support using the grant money for pedestriantbike improvements to Los Osos Valley Road. The bridge will create additional problems and offers no safety improvements to students that couldn't be accomplished atLOVR. Thank you for your consideration. Respectfully, Carol Stine Don Stine Digital West Networks,Inc 3620 Sacramento Dr.#102 888.781.9378 TEL www.digitalwest.net San Luis Obispo,CA 93401 805.781.9379 FAX ®IGITALWEST March 16, 2010 Digital West— Mutually beneficial proposal for the City of SLO There is an opportunity at hand that will provide better business communications to a Wired SLO via Fiber Optic cables. Digital West wants to use this opportunity to donate needed City infrastructure, connect the City to additional IT resources, add a marketable business development tool to promote additional head-of-household jobs, and build a stronger Tech-friendly business base in our community. Attached is a map displaying the proposed Fiber connection for the City by Digital West. We will also be submitting an ARRA Grant to the NTIA to capitalize on the investment we are making in our community and possibly acquire additional funding to expand our build by nearly 100%. The ARRA Grant is not a requirement of this proposal. However, written City support is valuable in the grant process and could widen our fiber reach. Request for following: 1. Council Support for the Digital West Metro Fiber project and direction to staff to add the following requests to the next possible Council agenda. 2. Approval of Digital West fiber pull in Prado Road conduit and Hwy 227 crossing, completing that fiber leg for the City. 3. Understanding with the City that DWNI may cooperatively install conduit within City projects. 4. Written City or individual Councilmember support for the Digital West project with respect to the ARRA Grant application mailed by March 22"d Respectfully submitted by, Tim Williams—tim@digitalwest.net President Bob Fasulkey— bob@digitalwest.net Director of Engineering Colocation Hosting --r Connectivity Tit,ll� �6 I I a) CL 14C te 0 ZS w Ln CL AI .isIL 1�h CL ul CL d" Qj on 7A CD rL CU (09 7i to C CL 0 0 m -� • - cr }.. a � l N CU � 1 ��.�,? tom' =,; lz _ Tf? � , �• � may V !!txo I I CL CL Lu m pig CL 3 _ iV � '._�.�'_' �--4CT �"• .. �� a ti .•'� OBD a-i V� m D rc ? _ 09 b jp o OD c ❑ O r Ld Digital West Networks,Inc. 3620 Sacramento Dr.#102 888.781.9378 TEL www.digitalwest.net San Luis Obispo,CA 93401 805.781.9379 FAX ®IGITALWEST March 16, 2010 Dear Potential Stakeholder, Recently the City of Grover Beach and Digital West submitted a grant application for American Recovery and Reinvestment Act(ARRA)broadband stimulus funds.This was the first in a series of several possible rounds of applications and it won the endorsement of Governor Schwarzenegger, but was eventually not funded because it lacked sufficient regional reach. The City of Grover Beach and Digital West are now in the process of completing a second application for funding. Based upon the direction that we received in our original application we have re-crafted our current application to include an expansion of the network's footprint to anchor institutions within communities that we border as well as into portions of the City and County of San Luis Obispo. According to the grant application; "Expanding Middle Mile broadband service not only enhances the availability and affordability of end-user broadband connectivity for consumers and businesses, it also increases the effectiveness of community anchor institutions in fulfilling their missions.Schools, libraries, colleges and universities, medical and healthcare providers,public safety entities, and other community support organizations increasingly rely on high-speed Internet connectivity to serve their constituencies and their communities. Expanding broadband capabilities for community anchor institutions will result in substantial benefits for the entire community, delivering improved education,healthcare,and economic development." If the objectives of the project are realized,each city and the county anchor institution will have integrated high speed fiber and wireless connectivity between all municipal, public safety, education and health facilities in the region served.This will decrease the IT and communications expense overhead and provide access to cloud computing and applications currently not available with current bandwidth limitations.Additionally the project will facilitate economic development by providing competitive access to high speed connectivity. We believe much of the evaluation criteria will be based on community support.Thus,we are asking for a letter of support from you and your constituents that endorses the goals of this regional project. Sincerely, Tim Williams CEO, Digital West Networks, Inc. Colocation -> Hosting Connectivity The Honorable Larry Strickling March 26`h, 2010 Assistant Secretary of Commerce Administrator National Telecommunications and Information Administration U.S. Department of Commerce 1401 Constitution Ave. NW Washington, D.C. 20230 Re: National Telecommunications Information Administration (NTIA) Broadband Technology Opportunities Program EasyGrants ID- 6411 Grant Application—March 26, 2010 Grover Beach Municipal Network (GBMN) Dear Assistant Secretary Strickling: I am writing this letter in support of the Regional Grover Beach Municipal Network Grant Application, which will provide services to anchor institutions in my community including; Healthcare, K-12 schools, Community Centers, Libraries, Higher Education, Government Organizations, and Public Safety First Responders in locations throughout communities in San Luis Obispo County, CA. The project will enable enhanced delivery of broadband Internet services such as: • Provide comprehensive broadband to public; commercial and residential constituents • Provide services not currently available due to bandwidth limitations • Reduce Information Technology overhead • Stimulate economic development by making available affordable, high speed broadband • Creating an integrated public safety network providing high level of safety to the community • Facilitate broadband services to homes by private sector partner broadband service providers I believe that the region-wide approach of the GBMN plan and grant application has been developed in the true spirit of the requirements for funding under the BTOP Grant program. Therefore, I respectfully request your favorable consideration for approval of the Grant funding. Sincerely, 1\ Steps for sending the Support Letter • Feel free to edit or change the letter to highlight your items of interest or importance. • Print the Support Letter on your Letterhead and Sign the Support Letter • Scan and E-mail, fax, or mail the Support Letter to Fred Dyste at: o Email to: fred@digitalwest.net o Fax to: Digital West at (805) 781-9379 o Mail to: ARRA Grant Support c/o Digital West Attn: Fred Dyste 3620 Sacramento Drive, Suite 102 San Luis Obispo, CA 93401 Important: The Support Letter needs to be sent and received by March 22nd to meet the application deadline. • For any questions, contact either: o Tim Williams: tim@digitalwest.net or o Fred Dyste: fred@digitalwest.net or (805) 426-9281