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HomeMy WebLinkAbout09-23-2015 PC Item 1 - 159 Broad Street (AP-PC 32-14) Meeting Date: September 23, 2015 Item Number: 1 PLANNING COMMISSION AGENDA REPORT SUBJECT: Appeal of the Director’s decision approving the subdivision of a 14-acre parcel into four parcels and a 13.2-acre remainder parcel ADDRESS: 159 Broad, San Luis Obispo BY: Walter Oetzell, Assistant Planner FILE: AP-PC 32-14 Phone: 781-7593 e-mail: woetzell@slocity.org FROM: Michael Codron, Director RECOMMENDATION: Adopt a resolution (Attachment 1), denying the appeal, adopting a Negative Declaration of Environmental Impact, and upholding the Director’s approval of the subdivision. SUMMARY Appellant Cheryl McLean Representative Andrew Christie, Director, Santa Lucia Chapter of the Sierra Club General Plan Open Space; Low-Density Residential Zoning Conservation / Open Space (C/OS-20); Low-Density Residential (R-1) Appeal Date April 23, 2015 Environmental Status Negative Declaration prepared The Subdivision Hearing Officer approved an application, filed by Michael Morris, of Andre, Morris & Buttery, to subdivide a 14-acre parcel into 4 parcels and a remainder parcel (Attachment 4). The subdivision will create four new small residential parcels, each surrounding one of four existing residences on Bressi Place, and a remainder parcel measuring just over 13 acres in area. MS 32-14 (159 Broad) Page 2 On April 23, 2015 an appeal of the Hearing Officer’s decision was timely filed by Cheryl McLean, who is represented by Andrew Christie, Director of the Santa Lucia Chapter of the Sierra Club. The reason for the appeal is described as follows: Lack of Open Space easement; protection required due to potential future development facilitated by subdivision. The item was previously agendized for the August 12, 2015 Planning Commission hearing but due to a noticing error the item was continued to a date uncertain. The appeal hearing has been appropriately noticed with a published notification in the Tribune (Saturday, September 12th), mailed notice to residents and owners within 300 feet of the property boundary, and notices posted on both the Broad Street and Serrano Drive frontages. COMMISSION PURVIEW Pursuant to § 16.10.140 of the City’s Subdivision Regulations (SLOMC Title 16), the Planning Commission may sustain, modify, reject, or overrule any ruling of the Director on a tentative map and may make such findings consistent with the Subdivision Regulations, the Subdivision Map Act, or any other applicable regulations. PROJECT INFORMATION Site Information and Setting The project site is an irregularly shaped parcel, just under 14 acres in size, west of Broad Street and south of Serrano Drive. Access to the site is taken from Broad Street, between 153 and 181 Broad, by a common driveway shared with 161 Broad. Access is also taken from Serrano Road by Bressi Place, a private street. Table 1: Site Data – Original Parcel Site Dimensions (approx.) Area: 602,980 square feet (about 13.85 acres) Width: varies; about 250 to 750 feet Depth: varies; extends about 1400 feet (north-south) Street Frontage: ±40 ft. (Serrano); ±90 ft. (Broad) Present Use & Development Four single-family dwellings (Bressi Pl) Single-family residence, barn, accessory structures (159 Broad St) Topography Elevation: Min. ±250 ft.; Max. ±445 ft. Slope: Gentle, increasing to moderate in a southwest direction, toward Cerro San Luis Natural Features: Two unnamed creeks; open space Access From Broad Street, by common driveway south of 153 Broad From Serrano Drive, by Bressi Place (a private street), east of 641 Serrano Surrounding Uses North & East: Low-Density Residential (R-1); Single-family residences South & West: Open Space (C/OS-20); Northeast flank of Cerro San Luis PC1 - 2 MS 32-14 (159 Broad) Page 3 Most of the subject parcel lies outside the Urban Reserve Line within an area designated Open Space north and east of Cerro San Luis. An unnamed creek travels in an easterly direction across the middle of the property toward a culvert near the common driveway entrance on Broad Street. The northerly portion of the property is within a Low-Density Residential area. Within this portion, at 159 Broad, is a house built in the late 1920s, a barn, and several associated accessory structures, all accessed by the common driveway from Broad Street. In the early 1950s, 4 single- family residences were built on Bressi Place, near Serrano Drive (114, 115, 122, and 123 Bressi). The area is characterized by substantial open space to the southwest, around Cerro San Luis, and low-density residential neighborhoods to the north and east along the periphery of the open space. Minor Subdivision The subject parcel is proposed to be subdivided into four smaller parcels1 and a large remainder parcel via a parcel map. The result will be to create a parcel around each of the four existing residences on Bressi Place. The total area of the four parcels being created is less than 5% of the total area of the original parcel. Each of the proposed lots is fully developed. No physical development is proposed with this project, apart from minor modifications to portions of the existing residences on Bressi Place and limited improvements along Bressi Place for conformance to current Engineering Standards (as described in the conditions of approval within the draft resolution, Attachment 1). Table 2: Parcel Information Area (sq. ft.) Width (ft.) Depth (ft.) Parcel 1 (114 Bressi) 6,290 57.5 109 Parcel 2 (122 Bressi) 6,112 55.5 110 Parcel 3 (123 Bressi) 6,348 57.8 110 Parcel 4 (115 Bressi) 6,244 57.5 109 Remainder Parcel 577, 986 (13.27 ac) Subdivisions are evaluated for conformance with the Subdivision Map Act and to the City’s Subdivision Regulations, which were adopted to promote public health, safety, and welfare, orderly development, resource protection, and enhancement of land values (§16.02.020). As discussed in the original staff report considered by the Community Development Director on April 15, 2015 (Attachment 6), the subdivision was found to be consistent with the policies and standards of the City’s General Plan, Zoning Regulations, Community Design Guidelines, and 1 Pursuant to Government Code section 66424.6(a)(1), a “designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.” PC1 - 3 MS 32-14 (159 Broad) Page 4 Engineering Standards, and was approved, subject to several conditions. These conditions have been incorporated into the draft resolution proposed for adoption (Attachment 1). Remainder Parcels As noted in the footnote above, a designated “Remainder Parcel” is not counted as a parcel for determining whether a parcel map or a tentative and final map is required. Originally, remainder parcels were often used to retain the “homestead,” that is, portions of the family farm would be subdivided and sold and the remainder would be retained by the family. The Subdivision Map Act has statutorily limited what conditions or other regulations can be imposed on a remainder parcel. For example, Government Code section 66424.6(a)(2), (b) prohibits local agencies from requiring construction of improvements or payment of fees for improvements on a remainder parcel until a permit or other approval for development is issued for the remainder. The only exception is if the construction of such improvements is necessary for public health and safety or if such improvements are necessary for the orderly development of the surrounding area, in which case such improvements may only be required after a reasonable time following approval of the parcel map. Moreover, Government Code section 66424.6(d) specifically authorizes remainder parcels to be sold, leased or financed without a further parcel or tentative map, although a certificate of compliance may be required. For purposes of this project, the applicant has a designated remainder parcel which is a 1920’s single family residence, a barn and several accessory structures. The property is served by public utilities and there is an easement for ingress and egress and emergency access. No further improvements or fees are necessary for public health and safety reasons or to ensure the orderly development of the surrounding area. If the remainder parcel is subsequently developed or further subdivided, conditions or approval will be imposed. EVALUATION OF APPEAL The appellant raises concern about the absence of an easement dedicating land within the subdivision to be preserved as open space. She contends that this minor subdivision of the property facilitates future development, making an easement necessary to protect open space. Staff believes that this minor subdivision does not facilitate future development, and notes that apart from the minor improvements to existing structures and facilities discussed above, no development of the property is proposed with this application. As this subdivision involves no additional development, it has no impact on open space resources. The burden of dedicating land for open space would substantially outweigh any impacts to open space resources that could result from this minor subdivision. Thus, it is not appropriate to require dedication of land through an “open space easement” as a condition of approval of this minor subdivision, and such a requirement would be inconsistent with the standard of “rough proportionality” established by case law.2 If, in the future, development is proposed on the remainder parcel, full map conditions will be applied in accordance with the provisions of the Subdivision Map Act and the City’s Subdivision regulations. 2 See CEQA Guidelines § 15041; Dolan v. City of Tigard, (1994) 512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854. PC1 - 4 MS 32-14 (159 Broad) Page 5 Furthermore, the City has clear policies in place for the preservation of open space resources and programs to support implementation of those policies. When development of the property is proposed, the impact of that development on the physical environment will be assessed and appropriate conditions, exactions, dedications, and environmental mitigations will be developed to ensure orderly development and protection of natural assets, including open space resources. Protected open space Open Space designation. Growth Management Policies in the General Plan call for permanent protection of open space resources. The Open Space land use designation provides for the protection and preservation of the community’s natural and historical resources.3 The southerly portion of the original parcel (roughly 2/3 of its area) is currently protected as open space by its designation as Open Space in the General Plan (Conservation/Open Space Zone), and by its location within the City’s Greenbelt and beyond the Urban Reserve Line (see Attachment 5). Developable area Low-Density Residential. The northerly third of the property is designated for Low Density Residential use, and is within the Urban Reserve Line. Opportunity for open space protection within this area is limited to the protection of natural resource areas deemed worthy of permanent protection, such as wildlife habitat and habitat corridors,4 and creeks that provide wildlife habitat, backyard retreats, and viewing pleasures.5 Such resources may exist on this property (see Attachment 8), but will not be impacted in any way by this minor subdivision, since no development is proposed with, or permitted by, the subdivision. Construction activity related to the project is limited to the minor treatment to exterior walls of two of the existing residences; improvement to an existing curb-cut at the northerly edge of the property on a paved public right-of-way; and establishment of a parking space in front of each residence, on an existing improved accessway. No development approvals or facilitation. The Hearing Officer’s decision to approve a minor subdivision of the parcel grants no approval to further develop the property, and does not alter or affect the restrictions under which development may occur on the property. All of the property outside of the four lots created around the existing houses on Bressi Place is designated as a remainder parcel in this minor subdivision. As such, the subdivider may not further divide the property by way of a minor subdivision (illegal “quartering” or “4 by 4”). Any entitlements requested would trigger the map conditions for a full subdivision, and development of the southerly two-thirds of the property remains restricted by its designation as Open Space. Open space protection upon development of property. Further division of the property, or proposals to build structures on the property, would require City review through a subdivision application, a process that involves environmental review of the site and surroundings, and consideration of required improvements, dedications, impact fees, and other appropriate conditions of project approval. It is within the context of processing applications for further 3 General Plan (May, 2015) Land Use Element, pg. 1-31 and Policy 1.8.1, pg. 1-35 4 General Plan (May, 2015) Land Use Element, Policy 6.2.2, and 6.3.1 5 General Plan (May, 2015) Land Use Element, § 6.6 PC1 - 5 MS 32-14 (159 Broad) Page 6 subdivision or development of the property, and analysis of the environmental impacts of proposed development, that consideration of the dedication of land for open space is appropriate. At that time the impacts of development of the property on open space resources will be assessed and mitigation measures for open space protection that are properly connected and roughly proportional to that impact can be developed. Under the direction of the City’s Natural Resources Manager appropriate action will be taken to protect open space resources against impacts from any future development proposed for this property. CONCLUSION The Land Use Element of the City’s General Plan identifies the City’s natural setting as its greatest strength, and the community strongly supports the acquisition and maintenance of open space.6 The City takes various actions to protect open space, including the acquisition of land for open space, setting conditions of subdivision and development approvals consistent with General Plan goals and policies, and obtaining dedications of fee ownership or easements. Requiring dedication of land for use as open space as a condition of approval of this minor subdivision is not appropriate because such a requirement is excessive, given that the minor subdivision effectively only creates property lines around existing residences, which has no physical impact on open space resources. As such, imposing a condition of approval for the dedication of land for open space is not “roughly proportional” to the impacts of this minor subdivision. ENVIRONMENTAL REVIEW The Community Development Department conducted an initial study of the potential environmental effects of the project (Attachment 7) and determined that the project would not have a significant effect on the environment. A Negative Declaration was prepared on August 20th, 2015 and circulated for public review, along with a Notice of Intent to adopt a Negative Declaration, according to the requirements of the California Environmental Quality Act. DEVELOPMENT REVIEW The tentative map and associated exhibits were forwarded to several City departments (Building & Safety, Fire, Public Works, Utilities, Natural Resources) for review. Comments received from these departments were incorporated into recommended conditions of approval. RECOMMENDATION Based on this evaluation, staff recommends that the Planning Commission deny this appeal, adopt the Negative Declaration prepared for the project, and uphold the decision of the Hearing Officer approving the minor subdivision, based on the findings set forth in the attached draft resolution. 6 As indicated by responses to the Quality of Life and Future Development Survey conducted by the City in 2012 PC1 - 6 MS 32-14 (159 Broad) Page 7 ALTERNATIVES 1. Continue consideration of the application to a future hearing date, with direction to the applicant and staff on pertinent issues. 2. Deny the appeal, but modify the decision of the Subdivision Hearing Officer and approve the minor subdivision based on modified findings and conditions of approval. 3. Grant the appeal and deny the minor subdivision based on findings of inconsistency with the Subdivision Regulations, Subdivision Map Act, General Plan, Zoning Regulations, or Community Design Guidelines. This action is not recommended, because staff finds that the subdivision, as conditioned, is consistent with applicable policies and standards and that a requirement to dedicate land for preservation as open space is not consistent with the standard of “rough proportionality” between required dedications and project impacts. No new development is proposed or facilitated by the subdivision, so the subdivision would have no impact on open space resources. Furthermore, open space resources are protected by the current designation of most of the property as Open Space in the General Plan, and by General Plan policies and programs that will preserve and protect open space resources against the impacts that future development of the property may have. ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. Assessor’s Parcel Map 4. Tentative Parcel Map 5. Aerial photograph 6. Minor Subdivision Hearing Agenda Report 7. Initial Study (Environmental Review) 8. General Plan Conservation and Open Space Element Maps PC1 - 7 RESOLUTION NO. PC-####-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR TO APPROVE A TENTATIVE PARCEL MAP FOR THE MINOR SUBDIVISION OF ONE PARCEL INTO FOUR PARCELS WITH ONE REMAINDER PARCEL, AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROJECT, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED SEPTEMBER 23, 2015 (159 BROAD, AP-PC 32-14) WHEREAS, on April 15, 2015 the Community Development Director of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under application MS 32-14, Michael Morris of Andre, Morris & Buttery, applicant; and WHEREAS, on April 23, 2015, Cheryl McLean, a resident of Mission Lane in San Luis Obispo, represented by Andrew Christie, Director of the Santa Lucia Chapter of the Sierra Club, filed an appeal of the Community Development Director’s Decision approving the tentative map; and WHEREAS, on September 23, 2015, 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, for the purpose of considering the appeal of the decision of the Community Development Director approving the tentative map, reviewing an initial study of potential environmental effects of the project, and considering the adoption of a Negative Declaration of Environmental Impact prepared for the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. That the above recitals are true and correct and are incorporated herein by reference. 2. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, including compatibility with ATTACHMENT 1 PC1 - 8 Resolution No. PC ####-15 Page 2 AP-PC 32-14 (159 Broad) the objectives, policies, general land uses, and programs specified in the General Plan. 3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. 4. The design of the tentative map is not likely to cause serious health problems, substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat, since the subdivision will occur on a developed site within an urbanized area. 5. The design of the subdivision will not conflict with easements for access through, or use of property within, the proposed subdivision since required easements will remain in place following the subdivision and will be applicable to the newly- created parcels; and code requirements require the recordation of new easements and the relocation of utilities wherever necessary to the satisfaction of the Community Development Director and Public Works Department Director. 6. The proposed subdivision will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity. The property is not subject to fault rupture or landslide hazards. Settlement and liquefaction hazards are addressed through site-specific investigations and site preparation, and no development is proposed with this subdivision. 7. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning. 8. A variance allowing a minor relaxation of yard depth standards will not constitute a grant of special privilege or entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning. Minor relaxation of yard standards would be considered for property in the same vicinity and zone under similar circumstances. 9. A variance allowing a minor relaxation of yard depth standards will not adversely affect the health, safety or general welfare of persons residing or working on the site or in the vicinity. Buildings on the site are subject to building and fire safety standards and codes related to fire resistant construction and emergency egress. 10. The Negative Declaration of Environmental Impact prepared for this project reflects the independent judgement and analysis of the Community Development Department. PC1 - 9 Resolution No. PC ####-15 Page 3 AP-PC 32-14 (159 Broad) 11. There is no substantial evidence that the project will have a significant impact on the environment. The project involves no new physical development, no new land uses, no changes in land use, and no modifications of land use restrictions. The project is limited to the minor subdivision of a parcel into 4 parcels around existing single-family dwellings, with a large designated remainder parcel. Construction activity associated with the project is limited to minor improvements to the exterior walls of existing residences and to existing curb ramps on improved rights-of-way. Any impacts would be “less than significant,” as discussed in the Initial Study conducted for this project. SECTION 2. Environmental Review. The Community Development Department conducted an initial study of the potential environmental effects of this project and determined that the project would not have a significant effect on the environment. A Negative Declaration of Environmental Impact was prepared and circulated for public review on August 20th, 2015 and a Notice of Intent to adopt a Negative Declaration was provided, in conformance to the requirements of the California Environmental Quality Act (CEQA). SECTION 3. Action. The Commission hereby denies the appeal, adopts the proposed Negative Declaration of Environmental Impact for the project, and upholds the decision of the Community Development Director approving the tentative parcel map for the subdivision of one parcel into four parcels with a remainder parcel at 159 Broad, subject to the following conditions: 1. Improvements to residences: Prior to the recordation of the final map, the existing residences will be modified as necessary to comply with applicable current building and fire safety codes, particularly those related to fire resistant construction and emergency egress from rooms. Plans for permits to make these improvements shall clearly show the new property lines between the existing buildings and specify materials of construction to show compliance with building and fire safety codes and standards. 2. Fire resistant construction: Plans submitted for improvements to residences for compliance with building and fire safety codes will clearly demonstrate that building exterior walls and projections comply with Table R302.1(1) of the California Residential Code (CRC). Exterior walls less than 5 feet from property lines will be clearly specified to be “1-Hour Fire Rated Walls.’ Details will be shown on plans indicating the materials of construction to justify the fire rating, including stud spacing and interior wall covering. The extent of any projections will be clearly shown on building elevation and section drawings, and compliance with the maximum allowed dimension into the proposed reduced yard, as set forth in CRC Table R302.1(1) will be demonstrated. The fire rating will be clearly detailed. No projections are allowed within 2’ of property line. PC1 - 10 Resolution No. PC ####-15 Page 4 AP-PC 32-14 (159 Broad) 3. Emergency egress: Any windows of sleeping rooms that are replaced will conform to current standards and requirements related to light and ventilation and emergency egress. 4. Window and door openings: Plans submitted for improvements to residences will clearly indicate the percentage of window and door openings along property lines. 5. Guest Parking: Prior to recordation of the final parcel map, an exhibit will be submitted for review by the Community Development and Public Works Departments depicting the location and dimension of guest parking spaces required by Subdivision Regulations for flag lot subdivisions (§16.18.060(F)). The guest parking space for each residence will be located in a logical and consistent location, and will be improved with a surface that is in compliance with the City’s Engineering Standards for parking areas. 6. Depth of Other yards: The relaxation of “other yard” depth standards is limited to the yard areas between the existing residences on the proposed Parcels (1-4) and the proposed interior lot lines between them. The minimum depth required is reduced to the distance between the existing building walls and the proposed interior lot lines, where the distance is less than 5 feet, as depicted on the tentative map. 7. The subdivision shall be recorded with a parcel map. The parcel map preparation and documentation shall be in accordance with the City’s Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The parcel map shall use U.S. Customary Units in accordance with the current City Engineering Standards. 8. A separate subdivision improvement plan submittal is not required. The building plan submittal may be used to show all required public and private subdivision improvements. Improvements located within the public right-of-way will require a separate encroachment permit and associated inspection fees based on the fee schedule in effect at the time of permit issuance. A separate subdivision base improvement plan review fee and map check fee will be required for the review of subdivision improvements in accordance with the most current fee resolution. 9. Final lot line locations and building setbacks shall consider building allowable area analysis, exterior wall protection, projections, exiting, and the location of building service equipment in accordance with the uniform codes and to the satisfaction of the Building Official. Any necessary analysis and/or exhibits shall be submitted for review and shall be approved prior to recordation of the map. PC1 - 11 Resolution No. PC ####-15 Page 5 AP-PC 32-14 (159 Broad) 10. The building plan submittal shall include the bearings and distances for all property lines in accordance with the map. The final map shall show and label all survey monuments located on the property. The plan shall show and label all existing and proposed public and private easements along with any Public Utility Easements (PUE’s) in the favor of the several wire utilities (PGE, ATT, & Charter, etc.) and the Gas Company. 11. A separate building permit is required for any parking, access, utility, site, or drainage improvements. The building plan submittal shall show all existing public and private utilities and improvements shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the parcel map. Unless otherwise waived or deferred, the site and utility plans shall include drainage and circulation improvements, water, sewer, storm drains, gas, electricity, telephone, cable TV, and any utility company meters for each parcel if applicable. Any utility relocations, demolitions, and/or other on- site work shall be completed with proper building permits and receive final inspection approvals prior to recordation of the parcel map. Otherwise, easements shall be prepared and recorded to the satisfaction of the Community Development Director, Public Works Director, and the serving utility companies. Easements may be recorded separately or as blanket easements 12. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, slope banks, construction, common driveways, bridge structures, common utilities, and common drainage improvements shall be shown and referenced on the final map and shall be recorded prior to or concurrent with the map recordation if applicable. Said easements may be provided for in part or in total as blanket easements. Maintenance agreements shall be recorded for any common facilities prior to or concurrent with the map recordation. 13. The building plan submittal shall show the Bressi Place and Serrano Drive street name signs to be upgraded per City Standard #7250. The standard requires a reverse of the sign colors between the public Serrano Drive and private Bressi Place street name signs. 14. A new curb ramp shall be required on the east corner of the entrance to Bressi Place. The building plan submittal shall show the new curb ramp on the Bressi Place intersection with Serrano Drive in accordance with City Engineering Standard #4440. The driveway entrance may need to be narrowed to accommodate the ramp construction. The existing westerly curb ramp shall be shown to comply with current City and ADA Standards or shall be upgraded and/or replaced to comply. PC1 - 12 Resolution No. PC ####-15 Page 6 AP-PC 32-14 (159 Broad) 15. The City’s Subdivision Regulations normally require complete frontage improvements (curb, gutter, and sidewalk, etc.) as a condition of subdivision. The City supports the deferral of said improvements along the Broad Street frontage. A covenant agreement shall be recorded for the deferral of the Broad Street frontage improvements in a format provided by the City concurrent with or prior to final map recordation. 16. If additional parking spaces at the dead end of Bressi Place are needed to satisfy parking requirements, or are proposed to provide additional parking, a parking easement shall be recorded prior to or concurrent with the final map for the. The parking easement shall be recorded on the Remainder parcel in favor of Parcels 1, 2, 3, and 4. 17. The informal parking area at the end of Bressi Place, and located partially within the remainder parcel shall be fenced off, landscaped, or otherwise delineated to preclude its use as a parking area. 18. The final map, additional map sheet, and building plan submittals shall show the existing encroachments from adjoining parcels, including the fence along the east side of the Bressi Street entrance and the common fence along the northerly property line of Parcel 1. 19. The final map shall show the correct street widths for Serrano Drive and Bressi Place and shall reference the associated offers of dedication, including the Grant Deed recorded in Volume 1122, Page 419 of Official Records of the County of San Luis Obispo. 20. The building plan submittal shall include a topographic survey and shall include the existing grading and drainage for the undeveloped upslope areas, developed parcels and private street for reference. The plan shall show any existing or proposed drainage improvements, swales, pipes, inlets, etc. The plan shall show and reference any areas of historic run-on or run-off. The plan shall show and reference the location of the existing sump/low point(s) on Bressi Street and shall include any required improvements and easements needed to maintain historic base flow and safe overflow areas. 21. The building plan submittal shall include a complete site utility plan for reference. The plan shall show and label all public and private utilities, overhead wire utilities, appurtenances, and utility company meters. 22. The building plan submittal shall show all water meters to be upgraded by adding a concrete collar in accordance with City Engineering Standard #6210. PC1 - 13 Resolution No. PC ####-15 Page 7 AP-PC 32-14 (159 Broad) 23. The building plan submittal shall show the relocation of the electrical and telecom wiring drops to Parcel 1 to eliminate the encroachment across proposed Parcel 4. If a mid-span drop is not authorized by the serving utility companies, an additional joint utility pole or undergrounding may be required. All work shall be completed to the satisfaction of the respective utility companies and the Public Works Department. 24. The building plan submittal shall show all existing and proposed tree plantings for reference. The plan shall include the species and diameter of each tree. The building plan submittal shall show street trees along the private street as a condition of the subdivision. Street trees are generally required at a rate of one 15 gallon street tree for each 35 linear feet of frontage. One additional street tree shall be planted in the front yard planting area on Parcels 1, 3, and 4. Tree species and planting requirements shall be approved to the satisfaction of the City Arborist. 25. Each existing sewer lateral(s) serving the four existing residences to the point of connection at the City main must pass a video inspection, including repair or replacement, as part of the proposed subdivision project. The CCTV inspection shall be submitted for review and approval by the Utilities Department and any necessary repairs shall be made prior to recordation of the proposed subdivision. 26. Public utility easements shall be maintained across proposed residential parcels. A private utility easement shall be established for the private sewer lateral from 161 Broad (Assessor’s Parcel Number 001-016-001). On motion by Commissioner ___________, seconded by Commissioner _____________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 23rd day of September, 2015. _____________________________ Doug Davidson, Secretary Planning Commission PC1 - 14 R-1 C/OS-20 R-1 R-1 R-1 R-1 R-1-PD R-1 R-1 R-1 R-1 R-1 R-1 R-4-PD R-1-S R-1 R-1 R-4R-1 R-4-PD R-1 BR O A D SERRANO LUNETA M I S S I O N MURRAY PE N M A N A L M O N D B R E S S I PA L O M A R HI L L BE N T O N MISSION VICINITY MAP File No. MS 32-14& VAR-0688-2014159 Broad ¯ ATTACHMENT 2 PC1 - 15 ATTACHMENT 3 PC1 - 16 ATTACHMENT 4 PC1 - 17 PC1 - 18 Low Density Residential Open Space BR O A D SERRANO M I S S I O N B R E S S I R-1 C/OS-20 R-1 R-1 R-1 R-1R-1 R-1-PD R-1 141 156 108 112699655 122 114 770730 780 671667 235 160 148 132 164 228 205 629 211 219 223 249 207 141 137 129 785725743755777 191 161 159 595 605 623 641 115 123 650580 704 672668 217 130 172 180 153 181 185 624616608 203 159 Broad Urban Reserve Line Creeks ATTACHMENT 5 PC1 - 19 Meeting Date: April 15, 2015 Item Number: 1 MINOR SUBDIVISION HEARING AGENDA REPORT SUBJECT: Subdivision of a 14-acre parcel into 4 parcels and a 13.2-acre remainder parcel; reduction in the required depth of “other yards.” ADDRESS: 159 Broad BY: Walter Oetzell, Assistant Planner Phone: 781-7593 e-mail: woetzell@slocity.org FILE #: MS 32-14 & VAR-0688-2014 FROM: Doug Davidson, Deputy Director RECOMMENDATION: Adopt a resolution (Attachment 3), approving the tentative parcel map, based on findings, and subject to conditions. SUMMARY Applicant Mike Morris; Andre, Morris & Buttery Representative Steve Webster; RRM Design Group General Plan Open Space; Low-Density Residential Zoning Conservation / Open Space (C/OS-20); Low-Density Residential (R-1) Site Area 606,896 sq. ft. (13.93 ac.) Submittal Date Feb 21, 2014 (MS) Dec 9, 2014 (VAR) Complete Date Mar 23, 2014 (MS) Mar 19, 2015 (VAR) Environmental Status Categorically Exempt (CEQA Guidelines §15315: Minor Land Divisions) Mike Morris, of Andre, Morris & Buttery, has filed an application to subdivide a large parcel of land in the northwest portion of the City, near the intersection of Broad Street and Serrano Drive. The subdivision will create four parcels, each surrounding one of four existing residences on Bressi Place, and a remainder parcel just over 13 acres in area. An application was also filed to request a variance from minimum depth requirements for “other yards” between two houses. Because they were built less than ten feet apart from each other, the depth of the yards between them are slightly less than current minimum standards. ATTACHMENT 6 PC1 - 20 MS 32-14 & VAR-0688-2015 (159 Broad) Page 2 ENVIRONMENTAL REVIEW This project is subject to the provisions of the California Environmental Quality Act (CEQA). It is a minor division of land, a class of project that does not have a significant effect on the environment. It is categorically exempt from the requirement for the preparation of environmental documents as described in CEQA Guidelines §15315 (Minor Land Division). The property to be divided is located within an urbanized area zoned for residential use. As discussed in this report, the subdivision is in conformance with the General Plan and zoning. No variances or exceptions are required,1 services and access are available to the parcel, and the parcel has an average slope under 20%. The parcel was not involved in any recent subdivision. PROJECT INFORMATION Site Information and Setting The project site is an irregularly shaped parcel, just under 14 acres in size, west of Broad Street and south of Serrano Drive. Access to the site is taken from Broad Street, between 181 and 153 Broad, by a common driveway shared with 161 Broad. Access is also taken from Serrano Road by Bressi Place, a private street. Table 1: Site Data – Original Parcel Site Dimensions (approx.) Area: 602,980 square feet (about 13.85 acres) Width: varies; about 250 to 750 feet Depth: varies; extends about 1400 feet (north-south) Street Frontage: ±40 ft. (Serrano); ±90 ft. (Broad) Present Use & Development Four single-family dwellings (Bressi Pl) Single-family residence, barn, accessory structures (159 Broad St) Topography Elevation: Min. ±250 ft.; Max. ±445 ft. Slope: Gentle, increasing to moderate in a southwest direction, toward Cerro San Luis Natural Features: Two unnamed creeks; open space Access From Broad Street, by common driveway south of 153 Broad From Serrano Road, by Bressi Place (a private street), east of 641 Serrano Surrounding Uses North & East: Low-Density Residential (R-1); Single-family residences South & West: Open Space (C/OS-20); Northeast flank of Cerro San Luis Most of the parcel lies within an open space area north and east of Cerro San Luis. An unnamed creek travels in an easterly direction across the middle of this open space toward a culvert near the common driveway entrance on Broad Street. 1 The associated variance request pertains to a minor relaxation of development standards applicable to the existing residences, as allowed by Chapter 17.60 of the City’s Zoning Regulations. This project does not require any variances or exceptions in order to result in conforming parcels. PC1 - 21 MS 32-14 & VAR-0688-2015 (159 Broad) Page 3 The northerly portion of the property is within a Low-Density Residential area. It contains, at 159 Broad, a house built in the late 1920s, a barn, and several associated accessory structures, all accessed by the common driveway from Broad Street. In the early 1950s 4 single-family residences were built on Bressi Place, near Serrano Drive. Another unnamed creek runs across this portion of the property, underneath Bressi Place in a closed conduit. The area is characterized by substantial open space to the southwest, around Cerro San Luis, and low-density residential neighborhoods to the north and east along the periphery of the open space. Project Description The project consists of the subdivision of a parcel into four smaller parcels and a large remainder parcel, and modifications to the walls and windows of two houses on Bressi Place to provide fire protection and emergency egress in compliance with current building codes. The result of the project will be to create a parcel around each of the four existing residences on Bressi Place. No further development is proposed with this project. Table 2: Parcel Information Area (sq. ft.) Width (ft.) Depth (ft.) Minimum (R-1): 6,000 50 90 Parcel 1 (114 Bressi) 6,290 57.5 109 Parcel 2 (122 Bressi) 6,112 55.5 110 Parcel 3 (123 Bressi) 6,348 57.8 110 Parcel 4 (115 Bressi) 6,244 57.5 109 Remainder 577, 986 (13.27 ac) EVALUATION Subdivisions are evaluated for conformance to the City’s Subdivision Regulations, which implement the state’s Subdivision Map Act. These regulations were adopted for several purposes related to public health, safety, and welfare, orderly development, resource protection, and enhancement of land values (§16.02.020). Subdivision of land must be consistent with the policies and standards of the City’s General Plan, Zoning Regulations, Community Design Guidelines, and Engineering Standards. General Plan This project is consistent with the policies and programs set forth in the elements of the City’s General Plan. The parcel to be divided lies within an Open Space area and a Low Density Residential area. The portion within the Open Space area is part of the remainder parcel, and will continue to be used as open space. The four new lots being created lie within the Low Density Residential area and are already developed with four single-family residences. This portion of PC1 - 22 MS 32-14 & VAR-0688-2015 (159 Broad) Page 4 the property will continue to be used for residential purposes. No further development is proposed, except for minor modifications to two of the residences to meet building code standards for fire safety and emergency egress from sleeping rooms. The property is not subject to fault rupture or landslide hazards. Settlement and liquefaction hazards are addressed through site-specific investigations and site preparation, and no development is proposed with this subdivision. The property is not located within a fire hazard severity zone or a flood hazard zone, and is well outside any airport hazard area. As no development is proposed, nor any changes to the open space lands, the subdivision will not impact natural, scenic, or cultural resources. With no change in the intensity of residential development, no additional demand is generated for water, sewer, parks, police, fire, or other public services and facilities. Subdivision Regulations The Community Development Director reviews tentative maps for minor subdivisions (§16.04.030). The resulting parcels must conform to the design and improvement standards set forth Chapters 16.18 and 16.20 of the Subdivision Regulations. New parcels are to be compatible with existing neighborhoods, the natural environment, and the health and safety of City residents (§16.18.010). General design requirements: General design requirements are intended to ensure that lots are practical for their intended use, natural contours are preserved, and new subdivisions are integrated with existing subdivisions. The four parcels resulting from this subdivision will surround existing homes that are integrated into the adjacent neighborhood along Serrano Drive. Natural contours will be preserved, as no grading or retaining walls are proposed as part of this project. Flag lots: The new lots front on Bressi Place, which is a private street. The result is a “flag lot” arrangement in which the lots are situated behind other lots, with access to Serrano Drive provided by an access easement over Bressi Place. Standards for flag lots are described in §16.18.060. For compliance with these standards, Bressi Place will be owned in fee by Parcel 4, the lot farthest from the street. Other lots will use Bressi place as an accessway by means of the proposed access easement. The accessway is 205 feet long and more than 40 feet wide, satisfying the minimum required 20 foot width. The frontage along Serrano is 40 feet; wide enough to accommodate the accessway while also meeting the required 20 foot street frontage for the original lot, as required by §16.18.060(B). Street yards along Bressi are at least 20 feet deep and provide adequate area for any necessary screening shrubs or trees between the accessway and the residences. An additional off-street parking space is provided in front of each residence, as depicted in a separate parking layout exhibit (Attachment 2). The parking layout should be revised to place a guest space in a logical and consistent location in front of each house prior to recordation of the final map (Condition #5). PC1 - 23 MS 32-14 & VAR-0688-2015 (159 Broad) Page 5 Lot dimensions and location: As shown in Table 2 above, each lot created by this subdivision meets minimum area and dimension standards applicable to the Low Density Residential (R-1) Zone. The lots are about twice as deep as they are wide, with a ratio of length to width around 2:1. Lot lines are oriented perpendicular to Bressi Place. Each lot has more than 50 feet of frontage along the Bressi Street access easement. Natural resource preservation and creeks: As discussed in the project description, two unnamed creeks pass through this property. No development is proposed with this project, so the project will not introduce any impacts to the creeks. Physical Improvements: The City’s Public Works Department has reviewed the project plans and identified required physical improvements to the property. These requirements have been incorporated into conditions of the subdivision approval. Zoning Regulations The subdivision conforms to the design standards and use limitations described in the City’s Zoning Regulations. Single-family dwellings will occupy the parcels within the Low-Density Residential (R-1) portion of the property. The remainder parcel contains the portion of the property within the Conservation/ Open Space (C/OS-20) Zone, and this portion will continue to be used as open space. While the area of the parcel within the open space area is less than 20 acres, and the yards between two of the houses in the residential area are 1 foot shallower than current requirements, the Zoning Regulations allow for the reasonable use of nonconforming lots, and contain provisions allowing the minor relaxation of standards related to the minimum depth of yards. Lot area and dimension: Most of the original parcel is within the Conservation/Open Space Zone (C/OS-20), a zone applied to areas that are most suitable for open space to protect natural resources from disruptive alterations. Within this zone, a minimum parcel size of 20 acres is required (§17.32.020(B)). The original parcel is less than 20 acres in area, but is considered a “nonconforming lot”, as described in §17.12.010. At this time, the opportunity does not exist to merge parcels, as adjacent property is not held under common ownership with the subject parcel. Furthermore, the total land area within the C/OS Zone is not reduced, and no development is proposed within the zone. Division of the property occurs along the northern edge of the parcel, within the Low-Density Residential (R-1) Zone, and as described above (Subdivision Regulations—Lot dimensions), the four new parcels exceed the area and dimension requirements applicable to that zone. Yards: Street yards are provided, and they are deeper than the 20 foot minimum depth required in the zone. Because the existing houses were built less than 10 feet apart from each other, the resulting depth of the “other yards” between each house and the interior lot lines between them is less than the current standard (5 feet) in the R-1 Zone. PC1 - 24 MS 32-14 & VAR-0688-2015 (159 Broad) Page 6 Table 3: Other yard depth Depth(ft.) mix/max Max. Variance (from 5ft.) Parcel 1 (114 Bressi) 3.8 to 4.0 1.2 ft. Parcel 2 (122 Bressi) 4.8 to 4.9 0.2 ft. Parcel 3 (123 Bressi) 4.8 to 4.9 0.2 ft. Parcel 4 (115 Bressi) 3.6 to 4.0 1.5 ft. The Community Development Director can relax yard requirements through the variance procedure (§17.60.020), and such a variance has been requested. The existence of four single- family residences on the same parcel is an uncommon circumstance in a Low-Density Residential Zone. Similarly situated property in this zone would be given the same consideration for such a relaxation of the “other yard” depth standard, where appropriate. Therefore, a minor relaxation of this standard for this property is not a grant of special privilege. Given the minor nature of the variance and the fact that the residences have been safely occupied since their construction, the variance would not adversely affect public health, safety, or welfare. Certain modifications will need to be made to the residences to meet building code standards related to fire safety and emergency egress. Any approval granted to this tentative parcel map should be subject to the condition that these modifications be made before the final map may be recorded (Conditions #1-4). Coverage: Each house is about 900 square feet in area, resulting in lot coverage of less than 20% on each lot, well below the maximum 40% limit applicable to the R-1 Zone. Parking: Sufficient parking is available. The houses were built with single-car garages. Because additions are not being made to the houses, this is a legal non-conforming situation and the Zoning Regulations do not require that additional parking spaces be provided. It should be noted that, as a practical matter, the driveway area leading to the garage spaces is available for informal use as parking, consistent with Front Yard Parking regulations (§17.17.055). Additional parking will also be available in the guest spaces that are provided as required for “flag lot” subdivisions. Community Design Guidelines The City’s Community Design Guidelines describe the expectations and preferences for the quality and character of new development. The applicability of these guidelines is limited, since the project involves only four small residential parcels and no new development. The subdivision is consistent with these guidelines in that it is in scale with, and integrated into, the surrounding neighborhood. DEVELOPMENT REVIEW The tentative map was forwarded to several City departments (Building & Safety, Fire, Public Works, Utilities, Natural Resources) for review. Comments received from these departments have been incorporated into recommended conditions of approval for this project. PC1 - 25 MS 32-14 & VAR-0688-2015 (159 Broad) Page 7 RECOMMENDATION Based on this evaluation, staff recommends that the Community Development Director grant a variance relaxing the required minimum other yard depth standard, and approve the tentative parcel map, based on certain findings and subject to several conditions of approval, as set forth in the attached draft resolution. ALTERNATIVES 1. Continue consideration of the application to a future hearing date, with direction to the applicant and staff on pertinent issues. 2. Deny the project based on findings of inconsistency with the Subdivision Regulations, General Plan, Zoning Regulations, or Community Design Guidelines. ATTACHMENTS 1. Vicinity Map 2. Parking Exhibit and Map Detail 3. Draft Resolution PC1 - 26 CITY OF SAN LUIS OBISPO 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Application #MS 32-14 1. Project Title: Tentative Parcel Map SLO 13-0046 2. Lead Agency Name and Address: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Project Planner: Walter Oetzell, Assistant Planner (805) 781-7593 Doug Davidson, Deputy Director (805) 781-7177 4. Project Location: 159 Broad Street 5. Project Sponsor’s Name and Address: Mike Morris Andre, Morris & Buttery 1102 Laurel Lane San Luis Obispo CA 93401 6. General Plan Designation: Open Space and Low Density Residential 7. Zoning: Conservation/Open Space (C/OS-20) and Low-Density Residential (R-1) 8. Description of the Project: The proposed project is the subdivision of a 13.93 acre parcel into 4 parcels arranged in a flag lot configuration, with 1 remainder parcel. Each of the new parcels measures between 6,000 and 6,500 square feet in area, and surrounds an existing single-family dwelling on the 100 block of Bressi Place (114, 115, 122, and 123 Bressi). A 13.27 acre portion of the original parcel south of these residences is designated as a remainder parcel, as described in Government Code section 66424.6, and is developed with one single-family residence, a barn, a shed, and a water tower. Area (sq. ft.) Width (ft.) Depth (ft.) Parcel 1 (114 Bressi) 6,290 57.5 109 Parcel 2 (122 Bressi) 6,112 55.5 110 Parcel 3 (123 Bressi) 6,348 57.8 110 Parcel 4 (115 Bressi) 6,244 57.5 109 Remainder Parcel 577, 986 (13.27 ac) ATTACHMENT 7 PC1 - 27 CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST The project includes a variance request for minor relaxation of minimum depth requirements for “other yards” between the existing residences, where the residences are located less than 5 feet from interior lot lines resulting from this subdivision. Minor improvements to exterior walls of these residences will be made to comply with building safety codes related to fire resistance for walls closer than 5 feet from a property line. These improvements involve the application of additional cement plaster or drywall material to the walls in order to achieve adequate fire resistance. A new curb ramp at Bressi Place and Serrano Drive will be installed for compliance with accessibility standards. A new guest parking space will be established in front of each residence on Bressi Place, in conformance to the requirements of the City’s Subdivision Regulations related to flag lot configurations (§ 16.18.060(F)). No additional physical development is proposed with this project or depicted on the tentative parcel map included with this application. 9. Surrounding Land Uses and Settings: North: Low-Density Residential South: Open Space and Low-Density Residential East: Low-Density Residential West: Open Space and Low-Density Residential 10. Project Entitlements Requested: The project requires the approval of a tentative parcel map through the Minor Subdivision process (Subd. Regs. § 16.10.090(C)), and minor relaxation of standards related to minimum yard depth requirements through the Variance process described in Chapter 17.60 of the City’s Zoning Regulations. 11. Other public agencies whose approval is required: None PC1 - 28 CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST Figure 1: Project Location Project Location PC1 - 29 CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST Figure 2: Tentative Parcel Map PC1 - 30 CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST Figure 3: Parcel Map Detail PC1 - 31 CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 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. Aesthetics Greenhouse Gas Emissions Population / Housing Agriculture Hazards & Hazardous Materials Public Services Air Quality Hydrology / Water Quality Recreation Biological Resources Land Use / Planning Transportation / Traffic Cultural Resources Mineral Resources Utilities / Service Systems Geology / Soils Noise Mandatory Findings of Significance FISH AND GAME FEES X 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 no effect determination from Fish and Game. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish 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 State agencies (e.g. CalTrans, 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)). PC1 - 32 CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 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. X I find that although the proposed project could have a significant effect on the environment, 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 the proposed project will not have a significant effect on the environment, because all potentially significant effects have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, nothing further is required. Signature Date Kim Murry, For: Derek Johnson, Deputy Director Community Development Director Long Range Planning PC1 - 33 8-20-15 CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Code of Regulations. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. 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. PC1 - 34 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 1. AESTHETICS Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? 2e 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? 2e X c) Substantially degrade the existing visual character or quality of the site and its surroundings? 2a, 7 X d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? 9b X Evaluation a-d) The project involves no new physical development. The proposed land division creates property lines around existing residential development in an urbanized area. Minor improvements associated with the project are limited to enhancing fire resistiveness of walls on four existing structures and driveway access improvements located on Serrano Drive, involving no expansion of the size or extent of those improvements. Conclusion: The project will have no impact on the aesthetic quality of the physical environment. 2. AGRICULTURE RESOURCES Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 2e, 11 X b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 2e X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 2e X Evaluation a-c) The project site is comprised of areas categorized as “Urban and Built-Up Land” and “Grazing Land” on the California Important Farmland Finder, does not include any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and is not subject to a Williamson Act contract. The project does not involve new development or any change in land uses. Therefore, the project will not have any effect on agricultural resources. Conclusion: The project will have no impact on agricultural resources. PC1 - 35 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 3. AIR QUALITY Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? 2e, 14 X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 14a X c) 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)? 14a X d) Expose sensitive receptors to substantial pollutant concentrations? 3 X e) Create objectionable odors affecting a substantial number of people? X Evaluation a) and b) The San Luis Obispo County Air Pollution Control District (APCD) is a responsible agency for reviewing and commenting on projects that have the potential to cause adverse impacts to air quality. The adopted Clean Air Plan for San Luis Obispo County is a comprehensive planning document designed to reduce emissions from traditional industrial and commercial sources and motor vehicle use. The City helps the APCD implement the Clean Air Plan in order to achieve and maintain air quality that supports health and enjoyment for those who live or work in the City and for visitors. The APCD developed the CEQA Handbook to assist with CEQA reviews, providing information on significance thresholds for determining potential air quality impacts from proposed residential and commercial development and recommendations on the level of mitigation necessary to reduce those impacts. The CEQA Handbook includes general screening criteria used by the APCD to determine the type and scope of projects requiring an air quality assessment or mitigation. These criteria are based on project size in an urban setting and are designed to identify those projects with the potential to exceed the APCD’s significance thresholds. The project involves no new physical development, and only minor improvements to existing buildings and site work. As such, the project size is well below the criteria indicating the requirement for an air quality assessment or mitigation. c) Activities associated with constructing new curb cuts, improving portions of the accessway surface to accommodate guest parking, and the modification of building walls have the potential to create impacts from dust and emissions from construction vehicles that could exceed air quality standards for temporary and intermediate periods. Such activity will be subject to dust control measures set forth in the City’s Construction & Fire Codes to avoid significant impacts, and special mitigation measures are not necessary. d) and e) The project includes no new physical development, and so will not expose sensitive receptors to substantial pollutant concentrations or that create objectionable odors. Conclusion: The project will have a “less than significant” impact on air quality. It is not of a size that is large enough to generate significant increases in criteria pollutants. Activities associated with constructing new curb cuts, improving portions of the accessway surface to accommodate guest parking, and the PC1 - 36 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST modification of building walls may generate impacts from dust and emissions from construction vehicles, but conformance to construction codes during construction will keep these impacts to a level that is less than significant. 4. BIOLOGICAL RESOURCES Would the project Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or indirectly 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? 2e X b) Have a substantial adverse effect, on any riparian habitat or 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? 2e X c) Have a substantial adverse effect on Federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, etc.) through direct removal, filling, hydrological interruption, or other means? 2e X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? 2e X e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? 2e, 8b X f) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 2e X Evaluation a) The project site is identified in Conservation and Open Space Element (COSE) maps as a location of the Miles' Milk-vetch plant, a Species of Local Concern (COSE Figure 2). Minor construction activities related to modification of existing building walls, improvement of an existing paved accessway to provide guest parking, and replacement of curb cuts are limited to existing developed infrastructure where Miles' Milk-vetch is absent and will have no impact on plant habitat on the site. b) and c) The project site is shown in Conservation and Open Space Element (COSE) maps to include grassland and riparian habitat (COSE Figure 7) along with wetland habitats and creeks (COSE Figure 9). Minor construction activities related to modification of existing building walls, improvement of an existing paved accessway to provide guest parking, and replacement of curb cuts are limited to existing developed infrastructure and will have no impact on these resources where they occur on the site. Neither the residences nor the accessway are within the grassland, riparian, wetland, or creek areas depicted in the maps. Curb cuts to be replaced are along the edge of Serrano Drive, outside of the nearby creek channel. PC1 - 37 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST d) The project site is shown to be within a Wildlife Corridor (COSE Figure 3). Minor construction activities related to modification of existing building walls, improvement of an existing paved accessway to provide guest parking, and replacement of curb cuts are limited to existing developed infrastructure that is at the edge of corridors depicted on this map. Conditions after completion of the project and its associated minor improvements will be the same as those existing before the project, and will have no impact on wildlife corridors on the site. e) and f) The project involves no new physical development, no alteration or removal of any biological resource, and no changes to land uses, or to land use limitations applicable to the property. As such, it has no potential to conflict with policies or ordinances for the protection or biological resources or with adopted conservation plans. Minor construction activities related to modification of existing building walls, improvement of an existing paved accessway to provide guest parking, and replacement of curb cuts are limited to existing developed infrastructure, which is not located within any conservation plan area. Conclusion: The project will not have any significant impact on biological resources. 5. CULTURAL RESOURCES Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historic resource? (See CEQA Guidelines 15064.5) 2e, 5 X b) Cause a substantial adverse change in the significance of an archaeological resource? (See CEQA Guidelines 15064.5) 2e, 4 X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 2e X d) Disturb any human remains, including those interred outside of formal cemeteries? 2e X Evaluation a-d) The project involves no new physical development. Minor improvements associated with the project are limited to existing structures and improvements, involving no expansion of the size or extent of those improvements. Therefore, the project does not have the potential to disturb, or change the significance of, any cultural or archaeological resource. Conclusion: The project will not have any significant impact on cultural resources. 6. GEOLOGY AND SOILS Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Expose people or structures to potential substantial adverse effects, including risk of loss, injury or death involving: I. Rupture of a known earthquake fault, as delineated in the 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? 2d X PC1 - 38 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST II. Strong seismic ground shaking? 2d X III. Seismic-related ground failure, including liquefaction? 2d X IV. Landslides or mudflows? 2d 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 would become unstable as a result of the project, and potentially result in on or off site landslides, lateral spreading, subsidence, liquefaction, or collapse? 2d X d) Be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 2d X 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? X Evaluation a) No known faults exist on the project site or in the immediate vicinity. The City of San Luis Obispo is in a seismically active region subject to strong ground motion during a large seismic event. However, the project includes no new physical development. Minor improvements associated with the project are limited to existing structures and improvements, involving no expansion of the size or extent of those improvements. These minor improvements are subject to engineering standards and building codes that set minimum design and construction methods for structures to resist seismic shaking, and will be reviewed for conformance with these standards and codes before construction permits will be issued. b) The project includes no new physical development. Minor construction activities related to modification of existing building walls, improvement of an existing paved accessway to provide guest parking, and replacement of curb cuts are limited to existing developed infrastructure. Drainage from these areas is directed to existing stormwater collection facilities, and the project will not increase runoff in a manner that would be expected to result in substantial soil erosion or loss of topsoil. c) The portion of the project site encompassing the existing residences and proposed lot lines is not within an area susceptible to landslides or mudflows. The remainder of the site is within an area identified as having “Moderate landslide potential.” This area is designated as open space, and no development is proposed in this area. Therefore, this project will not introduce any impacts related to geologic or soil instability, and does not have any potential to result in landslides, lateral spreading, subsidence, liquefaction or collapse. d) The project site is subject to expansive soils. No new physical development is proposed with this project and minor improvements associated with the project are limited to existing structures and improvements, involving no expansion of the size or extent of those improvements. These improvements are subject to site-specific investigations and design proposals by qualified professionals to address expansive soils, as required by building codes and engineering standards. e) Waste water from the existing residences is disposed into the City’s sanitary sewer system. The project does not involve new physical development, and uses no septic tanks or alternative waste water disposal systems. Conclusion: The project will not have any significant impacts related to geology and soils. The property involved in this minor subdivision is subject to seismic shaking and expansive soils, but no new physical development is proposed with this project. Minor improvements associated with the project are subject to site- PC1 - 39 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST specific investigations and design proposals by qualified professionals before they are constructed. Land subject to moderate landslide potential is designated as open space, and no development is proposed by this project within this area. 7. GREENHOUSE GAS EMISSIONS Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 14a X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 14 X Evaluation a-b) The San Luis Obispo County Air Pollution Control District (APCD) adopted the Clean Air Plan for San Luis Obispo County, a comprehensive planning document designed to reduce emissions from traditional industrial and commercial sources and motor vehicle use and developed the CEQA Handbook to assist with CEQA reviews, providing information on significance thresholds for determining potential air quality impacts from proposed residential and commercial development and recommendations on the level of mitigation necessary to reduce those impacts. The CEQA Handbook includes general screening criteria used by the APCD to determine the type and scope of projects requiring an air quality assessment or mitigation. These criteria are based on project size in an urban setting and are designed to identify those projects with the potential to exceed the APCD’s significance thresholds. Activities associated with constructing new curb cuts, improving portions of the accessway surface to accommodate guest parking, and the modification of building walls have the potential to create impacts from greenhouse gas emissions by construction vehicles for temporary and intermediate periods. However, the project involves no new physical development, and only minor improvements to existing improvements, and the project size is well below the criteria indicating the requirement for an air quality assessment or mitigation. Therefore the project would not be expected to exceed thresholds of significance for Greenhouse Gas Emissions (GHG) and Ozone Precursor Emissions, and the impacts due to construction activities are considered less than significant. Conclusion: The project has the potential to generate “less than significant” impacts related to greenhouse gas emissions for temporary and intermediate periods from minor construction activities associated with the project. 8. HAZARDS AND HAZARDOUS MATERIALS Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2d, 12, 13 X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 2d, 12, 13 X PC1 - 40 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 12, 13 X 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? 2d X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 2d X h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 2d X Evaluation a-c) The project, with no new physical development and only minor improvements to existing structures, does not involve the transport, use, emission, or disposal of hazardous materials. Pacheco Elementary School and Cornerstone School are located about 1/3 of a mile from the project site, however, no hazardous materials are associated with the project. d) The project site is not included in the State Water Resources Control Board’s Geotracker database of cleanup sites or Department of Toxic Substances Control’s EnviroStor database of hazardous waste and substances sites. e), f) The project site is not within the Airport Land Use Planning Area defined by the Airport Land Use Commission of San Luis Obispo County, and not within two miles of the San Luis Obispo County Regional Airport, nor is it within the vicinity of a private airstrip. g), h) The project does not include any new physical development, and is located adjacent to a Moderate Fire Hazard Severity Zone. The project conditions of approval include addressing fire resistive construction of the existing residences, thereby improving the structures’ ability to resist fire damage. City’s roadway policies and standards have been determined to provide adequate opportunities for evacuation and emergency access from the existing residences. Conclusion: The project does not have the potential to introduce significant impacts related to hazards and hazardous materials. 9. HYDROLOGY AND WATER QUALITY Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements? 10, 13 X PC1 - 41 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 2e, 2g X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? 10 X d) Substantially alter the existing drainage pattern of the site or 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? 10 X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 10 X f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 15 X h) Expose people or structures to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 2d X i) Inundation by seiche, tsunami, or mudflow? 2d X Evaluation The City regulates the design, construction, and operation of private facilities to ensure they will not have adverse effect on water quality. The City’s Waterways Management Plan was prepared as a comprehensive, watershed-based management plan for San Luis Obispo Creek, to identify and develop programs to address flooding, erosion, water quality, and ecological issues in the San Luis Obispo Creek Watershed. It was adopted for the purpose of ensuring water quality and proper drainage within the creek’s watershed. a), b), f) This project is not expected to violate water quality standards or waste water discharge requirements, or substantially degrade water quality. It involves no new physical development, and minor improvements are limited to existing facilities, with no expansion of the size or extent of tho se facilities. These minor improvements must be constructed in compliance with the City’s Waterway Management Plan Drainage Design Manual, Engineering Standards, and adopted building and grading codes requiring analysis of water quantity and quality. The property includes existing residential development (four single family residences) that conforms to the use limitations of the Land Use Element, and receives water service from the City of San Luis Obispo. No well is present on site or proposed with this project. c-e) The project involves no new physical development, and only minor improvements to existing facilities. As such, it will have no effect on drainage patterns or the amount or quality of runoff. PC1 - 42 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST g-i) The project site is not located within any flood hazard zone, nor within a flood area. San Luis Obispo is not subject to flooding as a result of the failure of a levee or dam, nor is it subject to inundation by seiche, tsunami, or mudflow. Conclusion: The project has no potential to impact hydrology and water quality. Minor improvements associated with this project are subject to review by the Public Works Department. These minor improvements must be constructed in compliance with the City’s Waterway Management Plan Drainage Design Manual, Engineering Standards, and adopted building and grading codes requiring analysis of water quantity and quality. 10. LAND USE AND PLANNING Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? 2a, 2e X b) Physically divide an established community? X c) Conflict with any applicable habitat conservation plan or natural community conservation plans? 2e X Evaluation a) The project has been found to be consistent with the City’s General Plan, Subdivision Regulations, and Zoning Regulations. These plans, policies, and regulations are intended to guide development in a manner that avoids adverse effects on the environment. The Community Development Director may, according to Zoning Regulations section 17.16.020, relax standards related to required yards. Such a relaxation in the depth of “other yards” proposed with this project was found to be appropriate given the site’s unique circumstances, developed with four single-family residences built together on the same parcel, and the minor nature of the variance, which reduced the required depth of interior side yards between houses by no more than one foot. b) The project site is situated at the western edge of the City, with low-density residential development adjacent to open space. The project creates lot lines around existing residences, which does not divide any community. c) The project is not included within any habitat conservation plan or natural community conservation plan area. The remainder parcel, which contains acreage designated as Open Space, is not proposed for development. Conclusion: The project has no potential to introduce impacts related to land use and planning. 11. NOISE Would the project result in Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Exposure of people to or generation of “unacceptable” noise levels as defined by the San Luis Obispo General Plan Noise Element, or general noise levels in excess of standards established in the Noise Ordinance? 2c, 8a X PC1 - 43 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST b) A substantial temporary, periodic, or permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 2c X c) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X d) For a project located within an airport land use plan, or 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? 1 X Evaluation a-c) The project site is located below the 60 dB CNEL noise contour threshold related to transportation sources (including aircraft operations) depicted in the General Plan. There are no stationary noise sources in the vicinity that would affect the project. The project involves no new physical development or land uses, and so is not expected to produce noise, groundborne vibration, or groundborne noise. d) The project site is not within the Airport Land Use Planning Area defined by the Airport Land Use Commission of San Luis Obispo County, or within two miles of the San Luis Obispo County Regional Airport or other public use airport. Conclusion: The project has no potential to result in noise impacts. 12. POPULATION AND HOUSING Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Induce substantial population growth in an area, either directly (for example by proposing new homes or businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2a, 2b X b) Displace substantial numbers of existing housing or people necessitating the construction of replacement housing elsewhere? X Evaluation a), b) The property is located in a developed portion of the City that is served by existing roads and infrastructure. The project involves no new physical development, nor does it increase development potential. Minor improvements are limited to existing facilities, with no expansion in the size or extent of those facilities. Therefore, the project does not induce population growth directly or indirectly. Existing residences will remain, therefore the project does not displace housing or people. Conclusion: The project has no potential to generate impacts to population or housing. PC1 - 44 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 19 INITIAL STUDY ENVIRONMENTAL CHECKLIST 13. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision, or need, of new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Fire protection? 2a X b) Police protection? 2a X c) Schools? 2a X d) Parks? 2f X e) Roads and other transportation infrastructure? 2b X f) Other public facilities? 2 X Evaluation a-f) The property is developed with four existing single-family residences, and no development is proposed on the area proposed to be designated as a remainder parcel. The existing development is of a scale and intensity that is consistent with General Plan policies for the Low-Density Residential (R- 1) Zone. The project involves no new land uses or structures, therefore, the project requires no construction of new facilities in order to maintain acceptable service levels. Conclusion: The project has no potential to introduce impacts to public services. 14. RECREATION Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2a, 2f X b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 2a, 2f X Evaluation a), b) The property includes existing residential development (four residences) that is of a scale and intensity that is consistent with General Plan policies for the Low-Density Residential (R-1) Zone. This project involves no new structures or land uses. Therefore, the project will not cause the deterioration of existing recreational facilities or require any expansion of such facilities. Conclusion: The project has no potential to introduce impacts related to recreational facilities. PC1 - 45 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 15. TRANSPORTATION/TRAFFIC Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 2a, 2b X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 2b X 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? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X e) Result in inadequate emergency access? 2d X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 2b X Evaluation a-b) The property includes existing residential development (four single family residences) that is of a scale and intensity that is consistent with General Plan policies for the Low-Density Residential (R-1) Zone. The existing development is served by existing public transit, bicycle and pedestrian facilities on Broad Street. This project involves no new physical development, and so will not conflict with circulation system or congestion management plans. c) The project is located outside of the Airport Land Use Planning Area defined by the Airport Land Use Commission of San Luis Obispo County, and has no potential to result in a change in air traffic patterns. d) No potential for increased hazard due to design features or inadequate emergency access has been identified. The project includes no new land uses or structures and minor improvements to the Bressi Place accessway to Serrano will enhance safe access to the project site. e) and f) The project been reviewed by the Fire Marshal and Public Works for consistency with standards applicable to site access, including emergency access. Conclusion: The project has no potential to introduce impacts related to transportation or traffic. PC1 - 46 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST 16. UTILITIES AND SERVICE SYSTEMS Would the project: Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2g X b) Require or result in the construction or expansion of new water treatment, wastewater treatment, water quality control, or storm drainage facilities, the construction of which could cause significant environmental effects? 2a, 2g X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 2a, 2g X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed? 2a, 2g X e) Result in a determination by the wastewater treatment provider 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 commitments? 2a, 2g X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 2a, 2e X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Evaluation a-e) The property includes existing residential development (four single family residences) that conforms to the use limitations of the Land Use Element, and that is served by existing storm water, sewer, and wastewater treatment facilities. The City is sole water purveyor within the City limits and has an adequate water supply to serve the community’s existing and future water needs, as defined by the General Plan. No new land uses or structures are proposed with this project, resulting in no increase in demand for these services, requiring no new or expanded facilities. f) and g) The project involves no new physical development, and thus will have no impact on solid waste disposal. Existing solid waste statutes are being met. Conclusion: The project has no potential to introduce impacts related to utilities and service systems. 17. MANDATORY FINDINGS OF SIGNIFICANCE Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 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, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 2e, 5 X PC1 - 47 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) X c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X Evaluation a-c) The project is limited to the minor subdivision of a parcel into 4 parcels around existing single- family dwellings, with a large designated remainder parcel (13.27 acres). Construction activity associated with the project is limited to minor improvements to the exterior walls of existing residences and to curb ramps at the intersection of Serrano Drive and Bressi Place. As the project involves no new physical development, no new land uses, no changes in land use, and no modifications of land use restrictions, it has no potential to degrade the quality of the environment, affect plant, fish, or wildlife population or habitat, eliminate historic or cultural resources, or cause adverse effects on human beings. Any impacts would be “less than significant,” as discussed in the above checklist, and limited to the minor improvements described. Thus, these impacts would not be cumulatively considerable, in connection with the effects of past or future probably projects. Conclusion: The project does not have the potential to introduce a significant effect on the environment which would require preparation of an Environmental Impact Report for the project. 18. EARLIER ANALYSES Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration (CEQA Guidelines §15063(c)(3)(D). a) Earlier analysis used: Identify earlier analyses 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 the earlier analysis. c) Mitigation measures: For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions of the project. Discussion: a-c) No earlier analyses were used in the evaluation of this project’s potential environmental impacts, and no effects from the above checklist were within the scope of earlier analyses or documents. No mitigation measures from earlier analyses or documents were incorporated into this project. PC1 - 48 CEQA Initial Study Checklist MS 32-14 (159 Broad) CITY OF SAN LUIS OBISPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST 19. SOURCE REFERENCES 1. The Airport Land Use Commission of San Luis Obispo County. Airport Land Use Plan for the San Luis Obispo County Regional Airport (May 2005). 2. City of San Luis Obispo, Community Development Department. General Plan (April 2007). a. Land Use Element b. Circulation Element c. Noise Element d. Safety Element e. Conservation and Open Space Element f. Parks and Recreation Element g. Water & Wastewater Element 3. City of San Luis Obispo. 2013 Construction & Fire Codes (January 2014). 4. City of San Luis Obispo. Archaeological Resource Preservation Program Guidelines (October 2009). 5. City of San Luis Obispo, Cultural Heritage Committee. Historic Preservation Program Guidelines (November 2010). 6. City of San Luis Obispo. Citywide Historic Context Statement (September 30, 2013), prepared by Historic Resources Group. 7. City of San Luis Obispo. Community Design Guidelines (June 2010) 8. City of San Luis Obispo. Municipal Code. a. Noise Control (Ch. 9.12) b. Tree Regulations (Ch. 12.24) c. Historic Preservation Ordinance (Ch. 14.01) 9. City of San Luis Obispo. Zoning Regulations (SLO Municipal Code Title 17) a. Zoning Map (§17.06.020) b. Night Sky Preservation Regulations (Ch. 17.23) 10. City of San Luis Obispo, Public Works Department, and County of San Luis Obispo, Flood Control District – Zone 9. Waterways Management Plan (March 2003). 11. State of California, Department of Conservation. California Important Farmland Finder. ONLINE: http://maps.conservation.ca.gov/ciff/ciff.html [14 Aug 2015]. 12. State of California, Department of Toxic Substances Control. EnviroStor Database. ONLINE: http://www.envirostor.dtsc.ca.gov/ [14 Aug 2015] 13. State of California, State Water Resources Control Board. GeoTracker. ONLINE: https://geotracker.waterboards.ca.gov/ [14 Aug 2015] 14. San Luis Obispo County Air Pollution Control District. CEQA Air Quality Handbook, A Guide for Assessing the Air Quality Impacts for Projects Subject to CEQA Review. (April, 2012). a. Table 1-1: Screening Criteria for Project Air Quality Analysis 15. U.S. Department of Homeland Security, Federal Emergency Management Agency. Flood Insurance Rate Map, San Luis Obispo County, California – Panel 1066 (November 2012). ONLINE: http://msc.fema.gov/ [14 Aug 2015] PC1 - 49 ATTACHMENT 8 4 maps on following pages PC1 - 50 Conservation and Open Space Element Page6-37 µ 0 1 2 3 0. 5 Mi l e s 4 2 2 8 6 8 11 45 16 14 14 28 24 12 53 15 18 37 17 22 30 33 14 26 14 15 1 32 20 4 47 25 25 14 32 31 20 17 17 44 5 2 35 17 10 20 20 20 30 32 30 32 30 9 19 51 32 13 36 21 5 5 5 2 1 1 9 25 17 54 17 20 14 49 40 22 30 36 50 18 28 18 18 51 5 25 49 50 2 29 25 44 49 34 25 25 25 18 19 28 34 5 49 5 21 44 27 5 5 7 7 5 12 42 44 49 25 4 49 40 14 50 44 49 44 7 28 49 7 7 44 44 44 44 44 5 7 25 49 44 7 44 7 27 4 25 25 28 43 25 25 3 5 25 7 52 5 5 5 33 8 6 4 7 7 25 25 5 33 25 25 25 6 25 4 41 43 25 25 50 48 43 25 38 44 23 41 49 44 49 49 49 44 49 49 49 5 4 25 4 4 4 4 44 25 5 5 28 Hwy 1 0 1 BROAD HIGU E R A TA N K F A R M FO O T H I L L JOHNS O N SANT A R O S A M A D O N N A PR A D O LOS O S O S V A L L E Y M O N T E R E Y EDNA Fi g u r e 2 : Sp e c i e s o f L o c a l C o n c e r n Ca l i f o r n i a N a t u r a l D i v e r s i t y D a t a b a s e Ci t y L i m i t Gr e e n b e l t 35 . N o r t h e r n I n t e r i o r C y p r e s s F o r e s t 36 . S e r p e n t i n e B u n c h g r a s s 33 . C e n t r a l M a r i t i m e C h a p a r r a l 34 . C o a s t a l a n d V a l l e y F r e s h w a t e r M a r s h 40 . M o n a r c h B u t t e r f l y 41 . M o r r o S h o u l d e r b a n d S n a i l 37 . A t a s c a d e r o J u n e B e e t l e 38 . C a l i f o r n i a L i n d e r i e l l a 39 . C a l i f o r n i a B r a c k i s h w a t e r S n a i l 42 . C a l i f o r n i a H o r n e d L a r k 43 . C a l i f o r n i a H o r n e d L i z a r d 44 . C a l i f o r n i a R e d - l e g g e d F r o g 45 . C a l i f o r n i a T i g e r S a l a m a n d e r 46 . C o o p e r ' s H a w k 47 . M o r r o B a y K a n g a r o o R a t 48 . S i l v e r y L e g l e s s L i z a r d 49 . S o u t h w e s t e r n P o n d T u r t l e 50 . S t e e l h e a d 51 . T i d e w a t e r G o b y 52 . T r i c o l o r e d B l a c k b i r d 54 . W h i t e - t a i l e d K i t e 53 . W e s t e r n Y e l l o w - b i l l e d C u c k o o In s e c t a n d M o l l u s k An i m a l Pl a n t Pl a n t C o m m u n i t y 17 . M o s t B e a u t i f u l J e w e l - f l o w e r 18 . O b i s p o I n d i a n P a i n t b r u s h 19 . O s o M a n z a n i t a 20 . P e c h o M a n z a n i t a 21 . P i s m o C l a r k i a 22 . R a y l e s s R a g w o r t 23 . S a l i n e C l o v e r 24 . S a n B e n i t o F r i t i l l a r y 25 . S a n L u i s M a r i p o s a L i l y 26 . S a n L u i s O b i s p o M o n a r d e l l a 27 . S a n L u i s O b i s p o C o u n t y L u p i n e 28 . S a n L u i s O b i s p o S e d g e 29 . S a n L u i s O b i s p o S e r p e n t i n e D u d l e y a 30 . S a n t a L u c i a M a n z a n i t a 31 . S a n t a M a r g a r i t a M a n z a n i t a 32 . W e l l s ' M a n z a n i t a 1. A d o b e S a n i c l e 2. A r r o y o d e l a C r u z M a n z a n i t a 3. B l a c k - f l o w e r e d F i g w o r t 4. B l o c h m a n ' s D u d l e y a 5. B r e w e r ' s S p i n e f l o w e r 6. C a m b r i a M o r n i n g - g l o r y 7. C h o r r o C r e e k B o g T h i s t l e 8. C o n g d o n ' s T a r p l a n t 9. C u e s t a P a s s C h e c k e r b l o o m 10 . D a c i t e M a n z a n i t a 11 . D u n e L a r k s p u r 12 . D w a r f S o a p r o o t 13 . I n d i a n K n o b M o u n t a i n b a l m 14 . J o n e s ' L a y i a 15 . M i l e s ' M i l k - v e t c h 16 . M o r r o M a n z a n i t a PC1 - 51 Project Site Chapter 6 Page6-40 BU C K L E Y HWY 1 HWY 101 L A GUNA LAK E HWY 101 BROAD F O O T H I L L PR A D O LO S O S O S V A L L E Y TA N K F A R M Ci t y L i m i t Gr e e n b e l t Cr e e k s Wi l d l i f e Z o n e s Fi g u r e 3 : Wi l d l i f e C o r r i d o r s Wi l d l i f e C o r r i d o r s Wi l d l i f e C o r r i d o r Li n e a r B a r r i e r Po t e n t i a l W i l d l i f e C o r r i d o r 0 1 2 3 Mi l e s PC1 - 52 Project Site Chapter 6 Page6-52 Fi g u r e 7 : Ha b i t a t T y p e s µ 0 1 2 3 0. 5 Mi l e s Ci t y L i m i t Gr e e n b e l t Gr a s s l a n d H a b i t a t s Ch a p a r r a l H a b i t a t s Ri p a r i a n H a b i t a t s Sc r u b H a b i t a t s Wo o d l a n d H a b i t a t s We t l a n d H a b i t a t s Ag r i c u l t u r a l / D i s t u r b e d H a b i t a t s De v e l o p e d H a b i t a t s PC1 - 53 Project Site Chapter 6 Page6-56 F O O T H I L L SANTA RO S A TA N K F A R M LOS O S O S V A L L E Y M A D O N N A BROAD SO U T H CALIFO R N I A HIGUERA JOHNS O N P A L M FO O T H I L L L A G UNALAKE Fi g u r e 9: Cr e e k s a n d W e t l a n d s 0. 5 0 0. 5 1 0. 2 5 Mi l e s Ci t y L i m i t Ri p a r i a n H a b i t a t s We t l a n d H a b i t a t s Cr e e k s Pe r e n n i a l c r e e k w i t h g o o d r i p a r i a n c o r r i d o r In t e r m i t t e n t c r e e k w i t h g o o d r i p a r i a n c o r r i d o r Pe r e n n i a l c r e e k w i t h d e g r a d e d c o r r i d o r b u t a b l e t o b e re s t o r e d o r r e p a i r e d In t e r m i t t e n t c r e e k w i t h d e g r a d e d c o r r i d o r b u t a b l e to b e r e s t o r e d o r r e p a i r e d Pe r e n n i a l c r e e k w i t h d e g r a d e d c o r r i d o r , h i g h en c r o a c h m e n t , a n d d i f f i c u l t y i n r e s t o r i n g Wa t e r w a y s Dr a i n a g e d i t c h Op e n c o n c r e t e s w a l e o r c h a n n e l Un d e r g r o u n d c u l v e r t o r m a j o r b r i d g e PC1 - 54 Project Site