HomeMy WebLinkAbout04-13-16 PC Correspondence - Item 1 (Staff 2)
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Resolution No. ______ (2016 Series) West Creek VTM#3083
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3. All potentially significant effects were analyzed adequately in the referenced FE IR and IS -
MND, and reduced to a level of insignificance, provided the following mitigation measures
are incorporated into the development project and the mitigation monitoring program:
OASP FEIR MITIGATION MEASURES applicable to VTM#3083
AESTHETIC MITIGATION
AES-3 Special Building Height Limits, Scale and Massing Design Standards for
Western Flank of Righetti Hill (Righetti Ranch VTM#3063). deleted
AIR QUALITY MITIGATION
Operational Phase Mitigation
AQ-1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is
required by Title 24 requirements for all buildings within the Specific Plan Area. The
following energy-conserving techniques shall be incorporated unless the applicant
demonstrates their infeasibility to the satisfaction of City Planning and Building
Department staff: increase walls and attic insulation beyond Title 24 requirements;
orient buildings to maximize natural heating and cooling; plant shade trees along
southern exposures of buildings to reduce summer cooling needs; use roof material
with a solar reflectance value meeting the Environmental Protection
Agency/Department of Energy Star rating; build in energy efficient appliances;
use low energy street lighting and traffic signals; use energy efficient interior
lighting; use solar water heaters; use double-paned windows; solar panel plumbing;
grey water recycling; tank-less water heaters; dedicated hot water line loops.
AQ-1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall be
installed at all bus stops.
AQ-1(c) Shade Trees. All parking lots sha ll include shade trees within the parking area. There
shall be at least one shade tree for every six vehicle parking spaces.
AQ-1(d) Telecommuting. All new homes within the Specific Plan area shall be constructed
with internal wiring/cabling that allows telecommuting, teleconferencing, and tele-
learning to occur simultaneously in at least three locations in each home.
AQ-1(e) Pathways. Where feasible, all cul-de-sacs and dead-end streets shall be links by
pathways to encourage pedestrian and bicycle travel.
• AQ-1 Monitoring Pro gram:
Compliance with operational phase mitigation measures will be reviewed with the subdivision
plans and accompanying architectural review plans and ultimately shown on improvement plans
and construction drawings.
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Construction Phase Mitigation
AQ-3(a) Application of CBACT (Best Available Control Technology for construction
related equipment). The following measures shall be implemented to reduce
combustion emissions from construction equipment where a project will have an area
of disturbance greater than 1 acre.
• Specific Plan applicants shall submit for review by the Community Development
Department and Air Pollution Control District (APCD) staff a grading plan
showing the area to be disturbed and a description of construction equipment that
will be used and pollution reduction measures that will be imple mented. Upon
confirmation by the Community Development Department and APCD,
appropriate CBACT features shall be applied. The application of these features
shall occur prior to Specific Plan construction.
• Specific Plan applicants shall be required to ensure that all construction
equipment and portable engines are properl y maintained and tuned according to
manufacturer's specifications.
• Specific Plan applicants shall be required to ensure that off-road and portable
diesel powered equipment, including but not limited to bulldozers, graders,
cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power
units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non-taxed
off-road diesel is acceptable).
Specific Plan applicants shall be required to install a diesel oxidation catalyst on
each of the two pieces of equipment projected to generate the greatest emissions.
Installations must be prepared according to manufacturer's specifications.
AQ-3(b) Dust Control. The following measures shall be implemented to reduce PM10
emissions during all Specific Plan construction:
• Reduce the amount of the disturbed area where possible.
• Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Water shall be applied as soon as possible whenever
wind speeds exceed 15 miles per hour. Reclaimed (nonpotable) water should be
used whenever possible.
• All dirt-stock-pile areas shall be sprayed daily as needed.
• Permanent dust control measures shall be identified in the approved Specific Plan
revegetation and landscape plans and implemented as soon as possible following
completion of any soil disturbing activities.
• Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast-germinating native grass seed
and watered until vegetation is established.
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD.
• All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon
as possible. In addition, building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
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• Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
• All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section 23114.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be used where
feasible.
AQ-3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is
involved, soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation. Trucks transporting material shall
be tarped from the point of origin.
AQ-3(d) Dust Control Monitor. On all projects with an area of disturbance greater than 1
acre, the contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering as necessary to prevent transport of
dust off-site. Their duties shall include holiday and weekend periods when work may
not be in progress.
• AQ-3 Monitoring Pro gram:
These conditions shall be noted on all project grading and building plans. The applicant will also
be required to secure necessary permits from the Air Pollution Control Board (APCD) before the
onset of grading or demolition activities including, but not limited to additional dust control
measures, evaluation for Naturally Occurring Asbestos. The applicant shall present evidence of a
plan for complying with these requirements prior to issuance of a grading or building permit
from the City. The applicant shall provide the City with the name and telephone number of the
person responsible for ensuring compliance with these requirements. The Building Inspector and
Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESO URCES MITIGATION
BIO-1 If vegetation clearing, grading or demolition of any existing structures is to occur
during the nesting bird season (February 15 to September 15), the applicant should
retain a qualified biologist to conduct a nesting bird survey. If active bird nests are
detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird
species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around ac tive nest
sites. Construction activities in the established buffer zone should be prohibited until
the young have fledged the nest and achieved independence; and,
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c. The qualified biologist should document all active nests and submit a letter -report to
the County, USFWS, and CDFW, documenting project compliance with the MBTA
and applicable project mitigation measures.
BIO-2 If demolition of any existing buildings or structures is to occur, a qualified biologist
should survey structure(s) to determine the presence/absence of roosting bats within the
existing structures. Should no roosting bats be present, exclusionary measures shall be
implemented to preclude roosting prior to demolition. If active roosting is identified,
the project should be delayed until the biologist can confirm that the roosting bats have
evacuated the structures on their own acc ord.
BIO-3(a) Construction Requirements. Development under the Specific Plan shall abide by
the requirements of the City Arborist for construction. Requirements shall include but
not be limited to: the protection of trees with construction setbacks from trees;
construction fencing around trees; grading limits around the base of trees as required;
and a replacement plan for trees removed including replacement at a minimum 1:1
ratio.
BIO-4(c) Riparian/ Wetland Mitigation. If riparian and/or wetland habitat are proposed for
removal pursuant to development under the Specific Plan, such development shall
apply for all applicable permits and submit a Mitigation Plan for areas of disturbance
to wetlands and/or riparian habitat. The plan shall be prepared by a biologist familiar
with restoration and mitigation techniques. Compensatory mitigation shall occur on-
site using regionally collected native plant material at a minimum ratio of 2:1 (habitat
created to habitat impacted) in areas shown on figure 4.4-2 as directed by a biologist.
The resource agencies may require a higher mitigation ratio. If the Orcutt Regional
Basin is necessary as a mitigation site for waters of the U.S. and State it shall be
designed as directed by a biologist taking into consideration hydrology, soils, and
erosion control and using the final mitigation guidelines and monitoring requirements
(U.S. Army Corps of Engineers, 2004). As noted above, the trail shall be setback out
of the buffer area for riparian and wetland habitat.
BIO-5(a) Bird Pre-Construction Survey. To avoid impacts to nesting special-status bird
species and raptors including the ground-nesting burrowing owl, all initial ground-
disturbing activities and tree removal shall be limited to the time period between
September 15 and February 1. If initial site disturbance, grading, and tree removal
cannot be conducted during this time period, a pre-construction survey for active nests
within the limits of grading shall be conducted by a qualified biologist at the site two
weeks prior to any construction activities (for ground-nesting burrowing owl survey
see below). If active nests are located, all construction work must be conducted
outside a buffer zone of 200 feet to 500 feet from the nests as determined in
consultation with the CDFG. No direct disturbance to nests shall occur until the
adults and young are no longer reliant on the nest site. A qualified biologist shall
confirm that breeding/nesting is completed and young have fledged the nest prior to
the start of construction.
BIO-5(b) Burrowing Owl Survey. When an applicant requests entitlements from the City
under the Specific Plan a qualified biologist shall conduct surveys for burrowing owls
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during both the wintering and nesting seasons (unless the species is detected on the
first survey) in potentially suitable habitats prior to construction in accordance with
the guidelines described in the CDFG Staff Report on Burrowing Owl Mitigation
(1995). Winter surveys shall be conducted on the entire project site between
December 1 and February 1, and the nesting season survey shall be conducted
between April 15 and July 15. If burrowing owls are detected within the proposed
disturbance area, CDFG shall be contacted immediately to develop and implement a
mitigation plan to protect owls and their nest sites.
BIO-5(c) Monarch Pre-Construction Survey. If initial ground-breaking is to occur between
the months of October and March a pre-construction survey for active monarch roost
sites within the limits of grading shall be conducted by a qualified biologist at the site
two weeks prior to any construction activities. If active roost sites are located no
ground-disturbing activities shall occur within 50 feet of the perimeter of the habitat.
Construction shall not resume within the setback until a qualified biologist has
determined that the monarch butterfly has vacated the site.
BIO-5(d) VPFS Sampling Surveys. Prior to development in areas shown as potential VPFS
habitat on Figure 4.4-2, current USFWS protocol level sampling surveys shall be
conducted in all such areas. A report consistent with current Federal, State, and local
reporting guidelines shall be prepared to document the methods and results of
surveys. If VPFS are found, the report shall include a map that identifies the VPFS
locations. Should the presence of additional special-status wildlife species be
determined including California linderiella, a map identifying locations in which
these species were found shall be prepared and included in the report.
BIO-5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are
located onsite pursuant to Mitigation Measure B-5(d), substantial setbacks from their
identified habitat shall be imple mented to avoid take of a Federally listed species. If
complete avoidance is not economically or technically feasible, then Section 10 of the
Federal Endangered Species Act (FESA) shall be used to aut horize incidental take
when no other Federal agency such as the Corps is involved. This process include
development of a Habitat Conservation Plan for protecting and enhancing the
Federally listed species at a specific location in perpetuity. Species take can also be
authorized under Section 7 of the FESA if a Federal agency is involved in the project
(e.g., Corps Section 404 permitting for impacts to waters of the U.S. and/or Federal
funding) and agrees to be the lead agency requesting Section 7 consultation. This
consultation process takes at a minimum 135 days from the official request by the
Federal lead agency.
The compensatory mitigation ratio shall be determined by the appropriate resource
agencies. Suitable replacement habitat shall be constructed either within the site
boundaries or offsite. [OASP FEIR] Figure 4.4-2 identifies areas that could be
appropriate for onsite VPFS mitigation. Figure 4.4-2 is not intended to preclude
development but shall be used as a starting point for incorporating VPFS mitigation
sites into the development plan. While the Orcutt Regional Basin included in the
potential VPFS mitigation sites may need regular maintenance and may be seasonally
flooded, depressions could be created on the upper edges of the terrace in such a
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manner that they are protected from flooding. VPFS mitigation areas shall be
approved by a biologist familiar with VPFS habitat “creation” techniques.
Enhancement of the onsite seasonal freshwater wetland habitat that is undisturbed by
project activities may also be a part of the mitigation program. Alternatively, fair y
shrimp cysts could be collected during the dry season from the existing habitat and
placed into storage. Topsoil could also be removed and stored in conditions suitable
to retain cys ts. Wetland habitat could be enhanced/created in the areas shown on
Figure 4.4-2 by grading depressions in the landscape and “top dressing” the
depressions with the preserved topsoil. Preserved cysts would be added to the
recreated wetlands in December or January, after sufficient ponding has occurred.
It is important to note that VPFS habitat mitigation is still considered experimental.
VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to
ensure success. Habitat may be “created” only in an existing vernal pool landscape
that provides suitable soils and a number of other specific ecological factors (USFWS,
2004).
An alternative to onsite mitigation is the purchase of mitigation bank credits. Credits
can be purchase by the acre as suitable mitigation for VPFS. There is currently no
known mitigation bank with VPFS habitat occurring within San Luis Obispo County,
however, mitigation banks may be available in the future.
BIO-3a, BIO -4c, BIO -5 Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation at
time of review and prior to approval of grading plan(s) and during tract construction (B-3a, B-4c,
B-5).
BIO-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland
habitats shall be reduced to the minimum width possible, while maintaining Fire
Department Requirements for emergency access, with slower speed limits introduced.
Posted speed limits should be 25 mph.
BIO-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method of
last resort per the City Waterways Management Plan, where they are required, culverts
connecting the Plan Area drainage corridors with upstream and downstream drainage
corridors shall be evaluated during the suitability analysis pursuant to Mitigation
Measure B-5(a) to determine their importance to wildlife who could use them to travel
to and from the site. If culverts are found to be of importance to wildlife, the culverts
shall be evaluated for their potential for improvement (i.e. retrofitting, maintenance, or
specific improvements depending on the types of species using them). The development
pursuant to the Specific Plan and the City shall develop a plan for the improvement of
the culverts. Preservation of the wildlife corridors that are present on the project site can
be achieved with sufficient setbacks from riparian and wetland habitats. Refer to B -4 for
mitigation regarding riparian and wetland habitat setbacks.
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BIO-6(c) E ducational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Ho me Owners
Association (HOA) members about the impacts associated with non- native animals,
especially cats and dogs, to the project site; similarly, the brochure must inform
potential homebuyers and all HOA members of the potential for coyotes to prey on
domestic animals.
BIO-6(d) Landscaping Plan Review. To ensure that project landscaping does not introduce
invasive non-native plant and tree species to the region of the site, the final
landscaping plan shall be reviewed and approved by a qualified biologist. The
California Invasive Plant Council (Cal -IPC) maintains several lists of the most
important invasive plants to avoid. The lists shall be used when creating a plant
palette for landscaping to ensure that plants on the lists are not used. The following
plants shall not be allowed as part of potential landscaping plans pursuant to
development under the Specific Plan:
• African sumac (Rhus lancea)
• Australian saltbush (Atriplex semibaccata)
• Black locust (Robinia pseudoacacia)
• California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius)
• Cape weed (Arctotheca calendula)
• Cotoneaster (Cotoneaster pannosus), (C. lacteus)
• Edible fig (Ficus carica)
• Fountain grass (Pennisetum setaceum)
• French broom (Genista monspessulana)
• Ice plant, sea fig (Carpobrotus edulis)
• Leafy spurge (Euphorbia esula)
• Myoporum (Myoporum spp.)
• Olive (Olea europaea)
• Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata)
• Russian olive (Elaeagnus angusticifolia)
• Scotch broom (Cyt isus scoparius) and striated broom (C. striatus)
• Spanish broom (Spartium junceum)
• Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
• Blue gum (Eucalyptus globulus)
• Athel tamarisk (Tamarix aphylla)
• BIO-6 Monitoring Program:
Compliance with mitigation measures will be reviewed with landscaping plans as part of the
architectural review submittal and ultimately shown on improvement plans and construction
drawings.
CULTURAL RESOURCES MITIGATION
CR-1(d) Archaeological Resource Construction Monitoring. At the commencement of
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project construction, an orientation meeting shall be conducted by an archaeologist for
construction workers associated with earth disturbing procedures. The orientation
meeting shall describe the possibility of exposing unexpected archaeological resources
and directions as to what steps are to be taken if such a find is encountered. The City
should consider retaining a Chumash representative to monitor any field work associated
with Native American cultural material.
If human remains are exposed, State Health and Safety Code Section 7050.5 requires
that no further disturbance shall occur until the County Coroner has made the necessary
findings as to origin and disposition pursuant to Public Resources Code Section 5097.98.
CR-1(d) Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading
and construction.
DRAINAGE AND WATER QUALITY MITIGATION
D-2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or
biotechnical (also referred to as soil bioengineering) approaches to bank stabilization
are preferred over structural approaches. Bank stabilization design must be consistent
with the SLO Creek Stream Management and Maintenance Program Section 6.
Streambank stabilization usually involves one or a combination of the following
activities:
Regrading and revegetating the streambanks to eliminate overhanging banks and
create a more stable slope;
Deflecting erosional water flow away from vulnerable sites;
Reducing the steepness of the channel bed through installation of grade
stabilization structures;
Altering the geometry of the channel to influence flow velocities and sediment
deposition;
Diverting a portion of the higher flow into a secondary or b y-pass channel;
Armoring or protecting the bank to control erosion, particularly at the toe of
slopes.
The bank stabilization design will:
Be stable over the long term;
Be the least environmentally damaging and the “softest” approach possible;
Not create upstream or downstream flooding or induce other local stream
instabilities;
Minimize impacts to aquatic and riparian habitat.
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D-2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek
corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be
followed for riparian areas that are modified, created and/or managed for flood
damage reduction, stream enhancement, and bank repair. Linear park terrace
vegetation, streambank repair and channel maintenance projects may require stream
channel modifications that include shaping, widening, deepening, straightening, and
armoring. Many channel management projects also require building access roads for
maintenance vehicles and other equipment. These construction activities can cause a
variety of impacts to existing sensitive riparian and aquatic habitat that, depending on
the selected design alternative, range from slight disturbances to complete removal of
desirable woody vegetation and faunal communities. In urban areas within the SLO
creek watershed, riparian vegetation often provides the only remaining natural habitat
available for wildlife populations.
D-5(a) Biofilters. The applicant shall submit to the Director of Community Development
for review and approval a plan that incorporates grassed swales (biofilters) into the
project drainage system where feasible for runoff conveyance and filtering of
pollutants.
D-5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the
applicant shall be encouraged to use pervious paving material to facilitate rainwater
percolation. Parking lots and paved outdoor storage areas shall, where feasible, use
pervious paving to reduce surface water runoff and aid in groundwater recharge.
• D-2a, D-2c, D-5a, D-5c Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation at
time of landscaping construction plan review and Engineering-Public Works staff at the time of
tract construction.
NOISE MITIGATION
N-1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall
be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12, Section
9.12.050(6)]. Methods to reduce construction noise can include, but are not limited to,
the following:
• Equipment Shielding. Stationary construction equipment that generates noise can
be shielded with a barrier.
• Diesel Equipment. All diesel equipment can be operated with closed engine doors
and equipped with factory-recommended mufflers.
• Electrical Power. Whenever feasible, electrical power can be used to run air
compressors and similar power tools.
• Sound Blankets. The use of sound blankets on noise generating equipment.
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• N-1a Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for project
grading and construction.
PUBLIC SAFETY MITIGATION
S-2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC&R’s) that disclose to potential buyers or leasers that aircraft
over-flights occur, and that such flights may result in safety hazard impacts should an
aircraft accident occur. In addition, prior to recordation of final map, avigation easements
shall be recorded over the entire project site for the benefit of the SLO County Regional
Airport.
• S-2b Monitoring Program:
Monitoring will include Community Development, City Attorney and Engineering staff
approvals of the Disclosure(s) prior to recordation of a final tract map.
ER 224-14 CEQA MITIGATION MEASURES specifically applicable to VTM#3083
AESTHETIC MITIGATION
AES-VTM3083-1 Lighting and Glare. Final Design Review by ARC shall include specific
lighting and glare reduction/elimination techniques included with the lighting plans for the project,
consistent with OASP Program 4.43a.
AES-VTM3083-1 Monitoring Program: Community Development Department staff will
insure ARC and staff level application of these standards during any final design review and
building permit submittals.
AIR QUALITY MITIGATION
AQ-VTM3083-2 Solar Conduits. Final building construction plans will include needed conduits
required for each residential unit for installing a roof -mounted solar system, at the option of each
owner.
AQ-VTM3083-2 Monitoring Program: Community Development Department staff will
insure ARC and staff level application of these standards during any final design review and
building permit submittals.
AQ-VTM3083-3 Naturally-occurring Asbestos. If excavation into the Franciscan Melange rock
units is planned, and serpentinite is encountered, work in the vicinity of the find will be
temporarily halted and the materials will be tested to determine if asbestos is present. If asbestos
is found to be present, an appropriate mitigation plan will be developed by the Project Soils
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Engineer-Geologist, and submitted to the City Engineer for approval before work in such area(s)
may recommence.
AQ-VTM3083-3 Monitoring Program: Final tract improvement plans shall include a
protocol for ceasing work and conducting required testing in th e event serpentinite rock
units are encountered during site grading and/or utility construction. Any mitigation plan
shall be subject to City Engineer approval.
BIOLOGICAL MITIGATION
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC sha ll include
recommendations from the City Arborist for tree retention and removal, and will define a final
land plan with grading and housing placement to address the tree removal and retention options.
To the extent this mitigation measure reduces density or alters site plans, those changes will be
evaluated for major or minor modifications to the approved VTM.
BIO-VTM3083-1 Monitoring Program: City Arborist will insure ARC and staff level
application of these standards during any final design review submittals. Should changes to
the subdivision design become necessary, these changes will be implemented prior to
recordation of any final map.
BIO-VTM3083-1 Nesting Bird Surveys. If vegetation clearing, grading or demolition of any
existing structures is to occur during the nesting bird season (February 15 to September 15), the
applicant should retain a qualified biologist to conduct a nesting bir d survey. If active bird nests
are detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird species
protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest sites.
Construction activities in the established buffer zone should be prohibited until the young
have fledged the nest and achieved independence; and,
c. The qualified biologist should document all active nests and submit a letter-report to the
County, USFWS, and CDFW, documenting project compliance with the MBTA and
applicable project mitigation measures.
BIO-VTM3083-2 Roosting Bat Survey. If demolition of any existing buildings or structures is to
occur, a qualified biologist should survey structure(s) to determine the presence/absence of
roosting bats within the existing structures. Should no roosting bats be present, exclusionary
measures shall be implemented to preclude roosting prior to demolition. If active roosting is
identified, the project should be delayed until the biologist can confirm that the roosting bats have
evacuated the structures on their own accord.
BIO-VTM3083-1 and -2 Monitoring Program: Natural Resources Manager and
Community Development Department staff will insure mitigation measures will be
reviewed prior to approval of tract grading plans and ultimately shown on improvement
plans and construction drawings.
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CULTURAL RESOURCES MITIGATION
CR-VTM3083-1 Photo Documentation. Prior to development, a qualified historian shall be
retained to conduct a photo documentation of the 50+ year old structures within the West Creek
VTM#3083 project using the City’s Historic Preservation Program Guidelines.
CR-VTM3083-1 Monitoring Program: Community Development Department staff will
insure mitigation measures are completed prior to approval of tract grading construction
drawings.
TRANSPORTATIO N MITIGATION
T-VTM3083-1 Orcutt Road & Street A: Provide roundabout control.
T-VTM3083-1 Monitoring Program: Compliance will be reviewed with the subdivision
plans and ultimately shown on improvement plans and construction drawings.
T-VTM3083-2 South Eastern Intersection: Provide “Knuckle” curve with driveway approach for
access to the east.
T-VTM3083-2 Monitoring Program: Compliance will be reviewed with the subdivision
plans and ultimately shown on improvement plans and construction drawings.
UTILITIES AND SERVICE SYSTEMS MITIGATION
USS-VTM3083-1 Off-site Water Main Line Extensions to the OASP To Meet Fire Flow and
Storage Standards. Concurrent with applications for Final Map(s), the applicant shall submit a
water supply plan to meet adequate fire flow standards for all lots within each Final Map.
Implementation of such a water line extension plan shall be included as a part of public
improvement plans for the subdivision, and approved by Utilities, Public Works and the City
Engineer. This implementation plan may include a financing plan, including reimbursement
provisions, approved by the City Council at the time of considering any Final Map. Required
water main line extension(s) to the subdivision shall be completed and operational to the
satisfaction of the Utilities Director, prior to occupancy of any of the residential uses.
USS-VTM3083-1 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-2 Off-site Sewer Line Replacements. Concurrent with applications for Final
Map(s), the applicant shall submit a plan to replace the existing 10 -inch sewer line crossing the
Union Pacific railroad tracks. Implementation of such a sewer line extension plan shall be
included as a part of public improvement plans for the subdivision, and approved by Utilities,
Public Works and the City Engineer. This implementation plan may include a financing plan,
including reimbursement provisions, approved by the City Council at the time of considering any
Final Map. Required sewer main line extension(s) to the subdivision shall be completed and
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operational to the satisfaction of the Utilities Director, prior to occupancy of any of the residential
uses.
USS-VTM3083-2 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction drawings.
USS-VTM3083-3 Off-site Recycled Water Main Line Extension. Concurrent with applications
for Final Map(s), the applicant shall submit a recycled water supply plan to meet the project’s
landscape irrigation needs for all approved uses. Implementation of the recycled water line
extension plan shall be included as a part of public improvement plans for the subdivision, and
approved by Utilities, Public Works and the City Engineer. This implementation plan may include
a financing plan, including reimbursement provisions, approved by the City Council at the time of
considering any Final Map. The required recycled water ma in line extension to the subdivision
shall be completed and operational to the satisfaction of the Utilities Director for landscape
irrigation.
USS-VTM3083-3 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown o n improvement plans and construction drawings.
Section 2. Vesting Tract Map Approval with Findings & Conditions. The Planning
Commission does hereby recommend approval to City Council of application SBDV-1769-2015 /
ER 224-14 (VTM#3083, “West Creek”), a tentative tract map to create up to 77 lots comprising
6 7 single family residential lots, 1 multi-family condominium lot for 105 residential units, and 8
parks and open space lots, and 1 lot for future street extension based on the following findings,
and subject to the following conditions being incorporated into the project:
Findings:
1. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General
Plan because the proposed subdivision respects existing site constraints, will incrementally
add to the City’s residential housing inventory, results in parcels that meet minimum density
standards, and will be consistent with the density, lot sizes and project amenities established
by the Orcutt Area Specific Plan (OASP).
2. The site is physically suited for the type and density of development allowed in the R-2-SP
and R-4-SP zoning districts.
3. The design of the vesting tentative tract map and the proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat, since further development or
redevelopment of the proposed parcels will occur consistent with VTM #3083 and the
required architectural review process, which will allow for detailed review of development
plans to assure compliance with City plans, policies, and standards.
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is consistent
with the pattern of development prescribed in the Orcutt Area Specific Plan.
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5. The proposed project will provide affordable housing consistent with the intent of California
Government Code §65915, and in compliance with City policies and the Housing Element.
6. The tentative map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the Ca lifornia Environmental Quality Act,
the OASP Final EIR, and the Initial Study-Mitigated Negative Declaration (IS-MND).
7. The design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities.
Conditions:
Dedications and Easements
1. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, open space, slope banks, construction, public and private
streets, pedestrian and bicycle facilities, common driveways, and maintenance of the
same shall be shown
a. on the final map and/or shall be recorded separately prior to or concurrent with the
first phase of the map, unless a deferral is requested by the subdivider and granted
by the City. Said easements may be provided for in part or in total as blanket
easements.
2. The final map and improvement plans shall show the extent of all on-site and off-site
offers of dedication. Subdivision improvement plans and or preliminary designs may be
required for any deferred improvements so that dedication limits can be established.
These improvements may include but are not limited to road construction and widening,
grading and drainage improvements, utility easements, bridges, bike bridges, transit stops,
bikeways, pedestrian paths, signalized intersections, traffic circles, and roundabouts.
3. The subdivider shall dedicate a 10’ wide street tree easement and 6’ public utility
easement (P.U.E.) across the frontage of each lot. Said easements shall be adjacent to and
contiguous with all public right-of-way lines bordering each lot. A 10’ wide street tree
easement and 6’ P.U.E. shall be provided along the frontage for all private streets. A 10’
street tree easement and 15’ P.U.E. shall be provided along the Orcutt Road frontage (tract
boundary).
4. The subdivider shall include a separate offer of dedication for any sections of the Orcutt
Area Specific Plan (OASP) Streets A, B, and/or C located outside the tract boundary if
needed for circulation, access, and/or utility extensions. The developer shall include the
offers of dedication for the Orcutt Road widening improvements in conjunction with or
prior to the map recordation. The developer shall include any other out-of-tract offers of
dedication related to the need for public utility extensions related to orderly development
of the OASP where not otherwise located within a public street.
5. All private improvements shall be owned and maintained by the individual property owners
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or the Homeowner’s Association (HOA) as applicable. Private improvements include but
are not limited to streets, sidewalks, private pedestrian/bike paths, sewer mains, water
services, drainage systems, detention basin(s), street lighting, landscape, landscape
irrigation, common areas, pocket parks, and linear park improvements.
6. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may
need to be recorded in conjunction with the Final Map to clarify development restrictions,
fee payments, conditions of development, and references to any pertinent conditions of
approval related to this map, off-site requirements, and/or the interaction of this
development to the remainder of the OASP.
7. Off-site easements and/or dedications may be required to facilitate through street access
and public water and sewer main extensions beyond the tract boundary and in accordance
with the OASP. Looped water mains may be required in accordance with the tentative
map, development phasing, and the City water model to provide adequate service and
compliance with adopted codes and standards.
8. Off-site dedication/acquisition of property for this public right -of-way purpose may be
necessary to facilitate orderly development and the anticipated OASP improvements.
The subdivider shall work with the City and the land owner(s) to acquire the necessary
rights-of-way. In the event the subdivider is unable to acquire said rights-of-way, the City
Council may consider lending the subdivider its powers of condemnation to acquire the
off-site right -of-way dedication, including any necessary slope and drainage easements.
If condemnation is required, the subdivider shall agree to pay all costs associated with the
off-site right-of-way acquisition (including attorney fees and court costs).
9. With respect to all off-site improve ments, prior to filing of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the improvements by showing title
or interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
propert y required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs
of such acquisition including, but not limited to, all costs associated with
condemnation. Said agreement shall be in a form acceptable to the City Engineer and
the City Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed
Land Surveyor or Civil Engineer authorized to practice land surve ying in
the State of California;
ii. Preliminary title report including chain of title and litigation guarantee;
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iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an
opportunity to accompany the appraiser during any inspection of the
property or acknowledge in writing that they knowingly waived the right
to do so;
iv. Copies of all written correspondence with off-site property owners
including purchase summary of formal offers and counter offers to
purchase at the appraised price.
v. Prior to submittal of the aforementioned documents for City Engineer
approval, the Subdivider shall deposit with the City all or a portion of the
anticipated costs, as determined by the City Attorney, of the condemnation
proceedings. The City does not and cannot guarantee that the necessary
property rights can be acquired or will, in fact, be acquired. All necessary
procedures of law would apply and would have to be followed.
10. Transportation and Subdivision Improvements. Secondary access is required from all
portions and/or phases of the subdivision where more than 30 dwelling units are
proposed. The location and development of the proposed secondary access shall be
presented to the City for review and approval prior to the preparation of the related
improvement plans or final map approval. Secondary emergency vehicle access shall be
provided when more than 30 dwellings are proposed within the R -1 neighborhood. The
emergency accessway location, construction, and controls shall be in accordance with the
Fire Code, City Engineering Standards, and shall be approved to the satisfaction of the
Fire and Public Works Departments.
11. Fire Department access shall be provided for each construction phase to the satisfaction
of the Fire Chief. Phased street construction shall consider and provide suitable Fire
Department hydrant access, circulation routes, passing lanes, and turn-around areas in
accordance with current codes and standards.
12. All public streets shall conform to City Engineering Standards and OASP including
curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City
Engineer. Where conflicts occur between the City Engineering Standards and concepts
identified in the OASP, final determination of shall design shall be provided by the City
Engineer. Traffic calming improvements may be required at select locations within in
the subdivision. Improvements may include bulb-outs, elevated sidewalks/speed
tables, or alternate paving materials to the satisfaction of the Public Works Department
and Fire Department.
13. Final roadway alignment shall be consistent with the City Engineering Standards except
where the applicant has requested and been granted a formal exception.
14. Final roundabout geometry shall be consistent with applicable engineering standards and
design guidelines.
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15. As part of public improvement plans review conversion of alleys / private road access
points from a street type entrance to a driveway style entrance. Make revisions as
necessary to the satisfaction of the Public Works Dept.
16. The developer shall record a Notice of Requirements with the map regarding the
designed and installed traffic calming devices and that the subdivision is not eligible for
future Residential Parking District or Neighborhood Traffic Management program
processing.
17. The improvement plans shall include all final line-of-sight analysis at applicable
intersections to the satisfaction of the Public Works Department. Fence heights and
plantings in the areas of control shall be reviewed in conjunction with the analysis. A
separate recorded agreement or Notice of Requirements for private property owner or
HOA maintenance of sight lines may be required.
18. The final map and improvement plans shall include the required right-of-way, transit stop
easements, and all details and furniture of the required bus turnout to accommodate the
proposed new Type 1 bus stop along Orcutt Road per City Engineering Standards, ADA
requirements, the OASP, and current Short Range Transit plan. The final details and
length of the Orcutt Road bus turn-out/stop shall be approved to the satisfaction of the
City Transit Manager and Public Works Director. The sidewalk width and path of travel
shall be amended to comply with the ADA for transit stops. The turn -out length and
geometry shall be revised to accommodate the proposed recycled water truck hydrant.
The space shall be designed to accommodate a mi nimum 30’ long, 5,000 gallon water
truck.
19. The public improvement plans shall include full frontage improvements on Orcutt Road.
The plans shall show, at a minimum, all improvements including concrete curb, gutter,
and sidewalk per City Engineering Standards on the south side of Orcutt. The final street
section shall include; 6’ integral sidewalk, 8’ parking lane, 6’ bike lane, 12’ travel lane,
and a 14’’ two-way left turn lane, 12’ travel lane, 6’ bike lane, and a 5’ detached
sidewalk and parkways in accordance with the tentative map, OASP, City Engineering
Standards, and the Cal Trans Highway Design Manual; the alternate street sections at the
transitions, bridge(s), bus turn-out, and roundabout shall be approved by the City;
undergrounding of the overhead utilities on the south (tract boundary) side; and any off-
sites related to utility undergrounding, utility relocations, or new appurtenances.
20. The roundabout at A Street and Orcutt shall comply with all pertinent City Engineering
Standards and The Highway Design Manual. Off-site traffic, pedestrian, and/or utility
improvements related to the design of the round -a-bout shall be clearly shown and noted
in the public improvement plans.
21. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water
Quality Control Board required for the street and road improvements shall be issued prior
to plan approval and/or commencing with work within the respective waterways.
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22. The applicant shall conduct neighborhood speed surveys one year after occupancy
of each c onst ruc t i on phase at locations approved by the Director of Public
Works. If 85th percentile speeds exceed current City NTM thresholds additional traffic
calming measures shall be installed. The applicant shall bond for these potential
additional traffic calming measures.
23. All mitigation measures (MM) specific to Transportation requirements shall be
provided as detailed under CEQA section 1, above, to the satisfaction of the City
Engineer.
24. The subdivider may present financing and reimbursement programs for
transportation improvements to be considered with approval and recordation of the initial
final map for VTM#3083. Any such program(s) will be subject to approval by the City
Council.
25. The subdivider shall be responsible for securing any off-site right-of-way needs
for VTM#3083, and dedicating that right-of-way to the city as a condition of final map
approval.
26. The final map and improvement plans shall include the required right-of-way and
all construction details of the required improvements per City Engineering Standards and
the OASP.
27. Access rights shall be dedicated to the City along Orcutt Road and Street A except at
approved driveway locations as shown on the tentative map.
28. The subdivider shall install public street lighting and all associated facilities including
but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all
public streets including Orcutt Road per City Engineering Standards.
29. Private street lighting may be provided along the private streets per City Engineering
Standards and/or as approved in conjunction with the final ARC approvals.
30. Final street sections shall be approved in conjunction with the review and approval of
the final project drainage report. The final design shall consider drainage, transitions,
and accessibility.
31. All future public streets shall conform to City Engineering Standards including
curb, gutter, and sidewalk, driveway approaches, and curb ramps. Traffic calming
improvements may be required at select locations within in the subdivision.
Improvements may include bulb-outs, elevated sidewalks/speed tables, or alternate
paving materials to the satisfaction of the Public Works Department and Fire
Department. The vertical and horizontal controls for A Street, streets A-2, A-3, and A-4
shall be shown to conform to the tentative map for neighboring Tract 3044 (Wingate)
unless an alternate design is otherwise approved by the City.
32. Street trees are required as a condition of development. Street trees shall generally
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be planted at the rate of one 15-gallon street tree for each 35 lineal feet of property
frontage. Landscape plans may include grouping of trees to vary this standard, to achieve
visual variety or to honor line-of-sight corridors within the subdivision.
33. The public improvement plans shall provide a final analysis of the trees to be removed
and trees to be retained. The existing significant trees located along or across the tract
boundary shall be specifically addressed and approved for removal by the City. A tree
preservation plan shall be provided by a Certified Arborist for any trees to remain or to
be relocated.
34. Improvement plans for the entire subdivision, including any off-site improvements shall
be approved to the satisfaction of the Public Works Department, Utilities Department,
and Fire Department prior to map recordation. Off-site improvements may include but
are not limited to roadways, sewer mains, water mains, recycled water mains, and storm
drain improvements. Off-site improvements may include off-site access roadways and
utility system improvements.
35. A separate demolition permit will be required from the Building Division for the removal
of any existing structures and related infrastructure. Building removals are subject to the
Building Demolition Regulations including the additional notification and timing
requirements for any structure over 50-years old. The developer shall clarify any
approvals necessary to remove the existing miscellaneous structures that are shown to
straddle the easterly property line/tract boundary.
36. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall
include any pertinent off-site water well and private waste disposal systems that are
located within regulated distances to the proposed drainage and utility improvements.
The plan shall include the proposed disposition of the improvements and any proposed
phasing of the removal and demol ition. All structures and utilities affected by the
proposed lot lines shall be removed and receive final inspection approvals prior to map
recordation.
37. If construction phasing of the new street pavement is proposed, the phasing shall provide
for the ultimate structural street section and pavement life (per the City's Pavement
Management Plan) prior to acceptance by the City. The engineer of record shall detail
this requirement in the public improvement plans, to the satisfaction of the Public Works
Director.
38. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the conditions of approval, City codes, and standards. A truck
circulation plan and construction management and staging plan shall be included with the
improvement plan submittal. General truck routes shall be submitted for review and
acceptance by the City. The engineer of record shall provide a summary of the extent of
cut and fill with estimates on the yards of import and export material. The summary shall
include rough grading, utility trench construction, road construction, AC paving, concrete
delivery, and vertical construction loading estimates on the existing public roadways.
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The developer shall either; 1) complete roadway deflection testing before and after
construction to the satisfaction of the City Engineer and shall complete repairs to the pre-
construction condition, or 2) shall pay a roadway maintenance fee in accordance with
City Engineering Standards and guidelines, or 3) shall propose a pavement
repair/replacement program to the satisfaction of the City Engineer prior to acceptance of
the subdivision improvements.
39. Retaining wall and/or retaining wall/fence combinations along property lines shall be
approved to the satisfaction of the Planning Division and shall conform with the zoning
regulations for allowed combined heights or shall be approved through the ARC or
separate Fence Height exception process.
40. The ARC plans and public improvement plans shall show the location of the proposed
mail receptacles or mail box units (MBU’s) to the satisfaction of the Post Master and the
City Engineer. Provide a mailbox unit or multiple units to serve all dwelling units within
this development as required by the Post Master. MBU’s shall not be located along A
Street, Orcutt Road, or within the public right-of-way or public sidewalk area unless
specifically approved by the City Engineer. Contact the Post Master at 543-2605 to
establish any recommendations regarding the number, size, location, and placement for
any MBU’s to serve the R-4 and R-2 neighborhoods.
41. Separate plans shall be submitted for the public park improvements and for any deferred
private site development. Parking lot designs shall comply with the parking and
driveway standards and Engineering Standard 2010. All parking spaces must be
designed so that vehicles can enter in one maneuver. Furthermore, all spaces shall be
designed so that vehicles can exit to the adjoining street in a forward direction in not
more than two maneuvers.
42. The proposed perpendicular parking along Street A-2 shall be owned and maintained by
the Homeowners Association. The final street section, right -of-way, and easements shall
be approved by the City. Any public easements or private encroachment agreements
required in conjunction with the parking area shall be recorded in conjunction with the
map. The parking area shall comply with the Parking and Driveway Standards unless
other designs are approved by the Community Development Department. Provide
planters and/or the extension of the private linear parkways to break up the parking field.
43. The use of porous concrete or porous pavers shall be used for private parking areas, V -
gutters, private curb and gutter, etc. to the extent feasible within the over -all drainage
design for water quality treatment in accordance with the OASP.
44. Unless otherwise approved by the Public Works Department, the private alley connection
to streets A-2 and A-4 shall be completed with driveway approaches per City
Engineering Standards.
45. The subdivision improvement plans shall show that accessibility to all common areas
within the R-1 and R-4 neighborhoods and off-site park area is achieved per ADA and the
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CBC to the satisfaction of the Building Division. Show access to BBQ and picnic tables,
linear park elements, mailbox units, etc.
Utilities
46. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV
shall be served to each lot to the satisfaction of the Public Works Department and
serving utility companies. All public and private sewer mains shall be shown on the
public improvement plans and shall be constructed per City Engineering Standards
unless a waiver or alternate standard is otherwise approved by the City. The plans
shall clearly delineate and distinguish the difference between public and private
improvements.
47. Specialized street pavement in the area of public storm drains, water and/or sewer
mains may create maintenance/replacement concerns and additional costs. The final
pavement sections shall be reviewed and approved in conjunction with ARC approvals
and public improvement plan review. A separate agreement and/or CC&R provision
shall be required to clarify that the West Creek Master HOA will have final street
maintenance responsibility in areas of specialized pavement where said pavement is
damaged or removed in conjunction with public improvements or maintenance of said
public infrastructure.
48. Recycled water mains shall be installed in public streets in order to serve recycled water
to the city park, HOA maintained landscaped areas, temporary irrigation for mitigation
areas, and detention basins. The applicant shall work with the Water Division of the
City’s Utilities Department to determine the appropriate size of all proposed recycled
water mains.
49. City recycled water or another non-potable water source, shall be used for construction
water (dust control, soil compaction, etc.). An annual Construction Water Permit is
available from the City’s Utilities Department. Recycled water is readily available near
the intersection of Tank Farm Road and Orcutt Road.
50. Final grades and alignments of all public and/or private water, sewer and storm drains
shall be approved to the satisfaction of the Public Works Director and Utilities
Department. The final location, configuration, and sizing of service laterals and meters
shall be approved in conjunction with the review of the building plans, fire sprinkler
plans, and/or public improvement plans.
51. The gas main may need to be located into a joint trench in accordance with PUC and
utility company standards to provide additional clearances within the pavement section of
all streets to accommodate the several City public utility mains.
52. The proposed public stormdrain lines located within A-2, A-3, and A-4 streets shall be
relocated into the street pavement areas unless specific areas are specifically excepted by
the Public Works Department. Otherwise, stormdrain lines located under parkways,
curb, gutter, and/or sidewalk shall be private for maintenance by the Homeowners
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Association.
53. The required extension of the existing public storm drains, culverts, or bridges for the
street improvements and widening on Orcutt shall be approved to the satisfaction of the
Public Works Department. The existing downstream outlets and creek corridors shall be
cleared of existing trash, debris, deadwood, failed infrastructure, and obstructions to the
satisfaction of the City.
54. The flowline for the outlet for the crossing at Fernwood shall be lowered to provide for
free flow and to minimize maintenance concerns from backwater, ponding, or
sedimentation. The culvert/bridge crossing at Lawnwood shall be evaluated for any
material defects prior to extending or abandonment. The existing CMP culvert in
disrepair may need to be replaced or lined to the satisfaction of the Public Works
Department. The existing bridge and headwall structural system shall be abandoned and
backfilled in favor of a conventional City Engineering Standard stormdrain pipe to the
satisfaction of the Public Works Department.
55. The improvement plans shall show the location of all domestic and landscape water
meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations
may be required to justify service and meter sizing. Water impact fees related to the
irrigation water meter(s) shall be paid prior to approval of the subdivision improvement
plans for each pertinent map and/or construction phase.
56. Off-site utility improvements shall include water, sewer and recycled water as provided
by Mitigation Measures USS -VTM3083-1, -2 and -3, to the satisfaction of the Utilities
Director.
57. A reimbursement request, if proposed for the off-site water main upgrade, shall include
all pertinent details and analysis in accordance with City and State codes and ordinances
and shall be presented separately to the City Council.
58. The City will not be responsible for replacement of any specialty street pavement within
private streets. City trench repairs within private streets will be backfilled and finished
per City Engineering Standards.
59. A final sewer report and supporting documentation for the OASP public sewer main
design shall be approved by the Utilities Department prior to approval of the public
improvement plans. The final sewer report shall discuss and present additional
information and assumptions on the system elevations and grades that will allow other
OASP parcels to utilize the proposed public sewer main in accordance with the OASP
Wastewater Plan. The applicant shall submit an analysis of a backbone system that
shows the elevations and grades that serve the adjacent parcels described in the study.
The City will have the final discretion on the extent and limits of the study if additional
properties could reasonably benefit from the proposed alignment.
60. The depth of the off-site and on-site sewer mains shall be approved to the satisfaction of
the Utilities Director. The depth analysis shall consider the balance between the possible
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extent of the gravity sewer basin needed to serve the other OASP properties and the long-
term public maintenance requirements related to sewer depth.
61. The public improvement plan submittal shall show all existing and proposed overhead
wire utilities. Any existing overhead wiring within the tract boundary and adjoining
Orcutt Road shall be undergrounded in conjunction with the subdivision improvements.
Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not
supported.
62. Terminal end utility poles shall be located off-site unless otherwise approved by the City.
63. Preliminary undergrounding plans for the entire subdivision shall be processed through
PGE and any respective wire utility companies in conjunction with public improvement
plan submittal. The undergrounding improvements shall be completed with each
construction phase unless otherwise required earlier for orderly development, or
specifically deferred to the satisfaction of the City.
64. The subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires along all public
streets including Orcutt Road per City Engineering Standards.
65. Lighting fixtures, including public streetlights shall not exceed 16’ in height in
accordance with the OASP unless otherwise required for tra ffic safety. The developer
shall submit a streetlight proposal for approval by the City Engineer for any public
streetlights. Street lights associated with the Orcutt Road improvements, signalized
intersections, or round-a-bouts. Street lighting shall comply with the OASP, Highway
Design Manual and City Engineering Standards.
66. The Applicant shall provide easements and all -weather access for proposed sewer
connection from the project’s proposed “A” Street to Willow Circle. No trees shall be
permitted in the sewer easement.
67. The existing sewer main located within the UPRR right of way at the Bullock
Lane/Capitolio crossing shall be upgraded/replaced from Bull ock Lane to the manhole in
Capitolio as a condition of development. The applicant and engineer of record shall
coordinate a field meeting with Utilities Department staff prior to development of the plan
and submittals to the respective agencies.
68. The developer shall submit an application and design for the new sewer to the City and
UPRR in conjunction with the first phase of development and initial public improvement
plan submittal. The installation shall be completed and final inspection approvals granted
prior to the issuance of the building permit for the 30th residential unit.
69. Off-site utility improvements shall include the water main upgrade/replacement and
extension from the High Pressure/Bishop Pressure zone at the intersection of
Tanglewood/Johnson Avenue to serve the subdivision and replacement of the water main
in Orcutt Road from the Orcutt/Johnson intersection to A Street. Pipe sizing is contingent
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upon the modeling for the proposed development phases and looping of the main.
Pressure regulating valves (including connection with the City’s SCADA system), control
valves, or other appurtenances may be required by the Utilities Department as a part of the
required water system improvements to be certain that the new area interacts properly
with the existing water system.
70. Recycled water mains shall be extended from Tank Farm Road in coordination with other
development in the OASP for irrigation of common area landscaping, streetscape, and
any irrigated park or open space areas. A metered recycled water filling station shall be
provided on Orcutt Road. Applicant shall work with the Water Division of the City’s
Utilities Department to determine the appropriate size of all proposed recycled water
mains.
71. Irrigation systems using recycled water shall be designed and operated as described
consistent with the City’s Procedures for Recycled Water Use, including the requirement
that sites utilizing recycled water require backflow protection on all potable service
connections. Three sets of irrigation plans shall be submitted to the Building Department for
review during the City’s building permit review process.
72. Potable city water shall not be used for major construction activities, such as grading and
dust control, as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water
Permit program. Information on the program is available at:
http://www.slocity.org/home/showdocument?id=5909
73. Final alignment of all water and sewer mains to be approved by the Utilities Department.
74. The project’s Landscape Plan shall be consistent with provisions of the City’s declared
drought emergency (estimated total water use (ETWU) cannot exceed 50 percent of
maximum applied water allowance or (MAWA)).
Grading, Drainage & Storm Water
75. Any permit approvals required from the Army Corp of Engineers, Californian Fish and
Wildlife, or the Regional Water Control Board shall be secured and presented to the City
prior to the approval of any subdivision grading and/or improvements related to the
proposed phase of construction. The engineer of record shall review the permit approvals
and any specific permit conditions for compliance with the plans, subdivision
improvement designs, drainage system design/report, and soils report. The engineer of
record shall forward the permits to the City with a notation that the permits have been
reviewed and are in general conformance with the design of the improvements.
76. The public improvement plans submittal shall clarify how any wetlands, creek corridors,
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and riparian habitat areas will be preserved to the satisfaction of the Natural Resources
Manager. Include any specific details for the propo sed creek crossings in accordance
with any preservation strategies, mitigation measures, and higher governmental authority
agency permits. Sensitive areas shall be staked, fenced, or otherwise de line ated and
protected prior to commencing with construction, grading, or grubbing.
77. The developer shall exhaust reasonable efforts to eradicate and control the expansion of
any known non-native and invasive species including but not limited to the Tree of
Heaven and Castor Bean plants to the satisfaction of the Natural Resources Manager.
These plants may require treatment in advance and prior to commencing with ground
disturbing activities and grading.
78. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for
all graded pads and for in-situ soils on natural lots in accordance with the current
Building Codes or where deemed necessary by the City Engineer or Building Official.
79. Final pad certifications shall include the certification of pad construction and
elevations. The soils engineer shall certify all grading prior to acceptance of the public
improvements and/or prior to building permit issuanc e. The certification shall indicate
that the graded pads are suitable for their intended use.
80. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow
ditches, drainage collection devices, and drainage piping may be required. The public
improvement plans and final map shall reflect any additional improvements and
private easements necessary for slope protection and maintenance. Unless otherwise
approved for public maintenance by the City Engineer, brow ditches and drainage
collection devices upslope of building sites shall be maintained by the HOA.
81. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and/or
private roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where
applicable. The submittal shall provide additional analysis if site accessibility will not
be provided and for any feature or element where accessibility is purportedly not
required. The accessibility regulations or guidelines in effect at the time of
subdivision improvement construction will be applied.
82. Unless updated by subsequent re gulations or guidelines, the sidewalks within the
private streets shall be widened to 5’ or shall provide a 4’ clear width with 5’ passing
lanes in accordance with the current ADA regulations.
83. The subdivision improvement plans, grading plans, drainage plans, and drainage
reports shall show and note compliance with City Codes, Standards and Ordinances,
Floodplain Management Regulations, OASP stormwater provisions, Waterways
Management Plan Drainage Design Manual, and the Post Construction Stormwater
Regulations as promulgated by the Regional Water Quality Control Board, whichever
pertinent sections are more restrictive.
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84. The improvement plan submittal shall include a complete grading, drainage, and
erosion control plan. The proposed grading shall consider the proposed construction
phasing. Historic off-site and upslope watersheds tributary to the area of phased
construction shall be considered. Run-off from adjoining developed or undeveloped
parcels shall be considered.
85. The calculated 100-ye ar flood limits shall be shown and noted on the improvement
plans and an additional final map sheet for reference. The drainage report and final
plans shall clarify the 100-year flood elevations, clearances, and freeboard at all new
vehicle bridge, pedestrian bridge, and pipe bridge crossings of the creek corridors.
86. The engineer of record shall provide a digital copy of the final HEC-RAS modeling to
the City in accordance with Section 4.0 of the Waterways Management Plan Drainage
Design Manual.
87. The developer shall prepare an Operations and Maintenance Manual for review and
approval by the City in conjunction with the development of any stormwater BMP’s
that will be maintained by the HOA or by the respective private property owner. The
existing Islay Hill basin shall be included in the overall maintenance program or the
existing basin conditions of approval and agreement shall be updated to conform with
the current permit requirements. A Private Stormwater Conveyance Agreement shall
be recorded in a format provided by the City prior to final inspection approvals and
acceptance of subdivision improvements.
88. The subdivider/developer shall provide notification to private property owners
regarding any individual maintenance responsibility of any parkway or backyard
stormwater BMP’s in accordance with Section E.2 of the RQWCB Resolution R3-
2013-0032. The notification may be by Notice of Requirements or other method
acceptable to the City.
89. The stormwater improvements other than City Standard public storm drain
infrastructure shall be maintained by the HOA. A separate encroachment/hold
harmless agreement may be required in conjunction with certain improvements
proposed for location within the public rights-of-way.
90. The final details for the proposed bioretention facilities located within the public right-
of- way shall be approved to the satisfaction of the City Engineer. The project soils
engineer shall review and provide recommendations on the proposed site constructed
and/or proprietary retention systems. Analysis of impacts to the public improvements,
protection of utilities, and methods to minimize piping and protection of private
properties shall be addressed in the final analysis.
91. The proposed detention basins and any pre-basin shall be designed in accordance with
the OASP requirements and the Waterways Management Plan Drainage Design
Manual. The proposed surface runoff and drainage from the detention basin(s) shall
include a non- erosive outlet to an approved point of disposal. The outlet(s) design
and location should replicate the historic drainage where feasible. Any off-site
detention basin, temporary basin, or other drainage improvements shall be approved
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by the Cit y. Any required or proposed off-site grading or drainage improvements shall
be completed within recorded easements or under an appropriate license or other
private agreement.
92. The subdivider shall submit CC&R's with the Final Map that establishes a
Homeowner's Association (HOA). The HOA shall provide for the optional automatic
annexation of all other tracts in the OASP as it relates to the shared regional detention
basin. The subsequent tracts may, at their sole discretion, annex to the HOA, or
de monstrate to the city's satisfaction how they will provide storm drainage mitigation
through their own subdivision design and HOA. The HOA shall provide for
maintenance of all private common area drainage channels, on-site and/or sub-regional
drainage basins, water quality treatment and conveyance improvements. The CC&R's
shall be approved by the City and shall be recorded prior to or concurrent with
recordation of the Final Map. A Notice of Annexation or other appropriate mechanism
to annex other subdivisions into the HOA, including but not limited to the shared
regional detention basin, shall be recorded concurrently with the map.
93. The naming of the local creeks and drainages shall comply with the appropriate and
pertinent creek naming standards and justifications. The inclusion of the naming on
the final map and/or improvement plans shall be approved by the City prior to map
and/or plan approval as applicable.
94. All bridging, culverting and modifications to the existing creek channels along with
any necessary clearing of existing creek and drainage channels, including tree pruning
or removals, and any necessary erosion repairs shall be in compliance with the OASP,
city standards and policies, the Waterways Management Plan and shall be approved by
the Natural Resources Manager, Public Works Department, Army Corp of Engineers,
the Regional Water Quality Control Board, and California Fish & Wildlife.
95. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the
satisfaction of the City Engineer, Natural Resources Manager, and other permitting
agencies.
96. The project soils engineer shall review the final grading and drainage plans and Low
Impact Development (LID) improvements. The soils report shall include specific
recommendations related to public improvement s, site development, utility, and
building pad/foundation construction related to the proposed LID improvements. The
project soils engineering report shall be referenced on the final map in accordance with
the Subdivision Regulations and City Engineering Standards.
97. The final plans and drainage report shall show and note compliance with City
Engineering Standard 1010.B for spring or perche d groundwater management and for
water quality treatment of run-off from impervious streets, drive aisles, parking areas,
and trash enclosure.
98. A SWPPP is required in accordance with State and local regulations. A hard copy of the
SWPPP shall be provided to the City in conjunction with the Public Improvement Plan
submittal and subsequent building plan submittals. The WDID number shall be included
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by reference on all construction plans sets. An erosion control plan shall be included
with the improvement plans and all building plan submittals for demolitions, grading,
and new construction.
99. The project development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County
Air Pollution Control District (APCD) regarding compliance with all local, state, and
federal regulations including but not limited to the National Emission Standards for
Hazardous Air Pollutants (NESHAP) regulations related to Naturally Occuring Asbestos
(NOA).
Fire
100. The project shall provide a minimum of two points of access to the subdivision from
an existing public way wherever there are more than 30 housing units. Emergency
Vehicle Access points may be accepted in lieu of full access.
101. All streets that are less than 28 feet in width shall be posted “No Parking – Fire Lane”
on both sides. Streets less than 36 feet in width shall be posted on one side only.
102. The project shall provide water mains and city-standard fire hydrants to provide a
minimum needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior
walls of all proposed structures. Fire hydrant spacing shall not exceed 500 feet.
Homeowners’ Association
103. Subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be
approved by the City Attorney and Community Development Director prior to final map
approval that establishes a “Master Homeowner’s Association” (Master HOA). To the
extent desired by the subdivider, individual phases of the project may include sub -
associations. CC&R's shall minimally contain the following provisions that pertain to all
lots:
a. The initial set of CC&R’s provided for the VTM#3083 final map shall provide for
automatic annexation of subsequent phases to the Master HOA. A graphic or other
exhibit describing all properties to be annexed to the West Creek Master HOA shall
be included with any CC&R’s for VTM#3083.
b. All private improvements shall be owned and maintained by the individual property
owners, sub-associations or the Master Homeowner’s Association as applicable.
Private improvements include but are not limited to streets, sidewalks, pedestrian
and bike paths, sewer mains, drainage systems, detention basin(s), street lighting,
landscape, landscape irrigation, and common area improvements.
c. Grant to the city the right to maintain common areas if the HOA fails to perform,
and to assess the HOA for expenses incurred, and the right of the city to inspect the
site at mutually agreed times to assure conditions of CC&R's and final map are
being met.
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d. No parking except in approved, designated spaces.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long-term
storage of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. The responsibility for the placement of the trash and recycling containers at the
street on collection days will be the responsibility of the property owner’s
association. The property owner’s association shall coordinate with San Luis
Garbage Company regarding the collection time and preferred location for the
placement of trash and recycling containers to minimize the obstruction of project
streets.
h. No changes in city-required provisions of the CC&R's will be considered valid and
in effect without prior City Council approval.
i. Provision for all of the maintenance responsibilities outlined in various conditions.
Planning Requirements
104. At the time of su bmittal of a request for a final map, the subdivider shall provide a
written report detailing the methods and techniques employed for complying wi th all
required environmental mitigation measures as adopted herein.
105. In order to be consistent with the requirements of the Orcutt Area Specific Plan and
County Airport Land Use Plan, the property owner shall grant an avigation easement for
the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo
and the San Luis Obispo County Airport via an avigation easement document prior to th e
recordation of the final map.
106. All owners, potential purchasers, occupants (whether as owners or renters), and
potential occupants (whether as owners or renters) shall receive full and accurate
disclosure concerning the noise, safety, or overflight impacts associated with airport
operations prior to entering any contractual obligation to purchase, lease, rent, or
otherwise occupy any property or properties within the airport area.
107. Provisions for trash, recycle, and green waste containment, screening, and collection
shall be approved to the satisfaction of the City and San Lu is Obispo Garbage Company.
Proposed refuse storage area(s) and on-site conveyance shall consider convenience,
aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be
considered in the final design. Any common storage areas shall be maintained by the HOA
and shall be included in the CCR’s or other property maintenance agreement accordingly.
The solid waste solutions shall be shown and noted on the submittal(s) for
Architectural Review Commissi on (ARC) approvals.
108. Prior to the issuance of building permits for residential units, the Architectural Review
Commission shall review the residential building program, including building and landscape
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improvements, and provide comments and recommendations to the Community
Development Director. Final architectural design approval authority shall be vested in
the Community Development Director. Director decisions may be appealed pursuant to
standard city policies.
109. Prior to the recording of any phase of the final map, the applicant shall enter into an
Affordable Housing Agreement with the City Council that details the timing of
construction of affordable units on-site and contains guarantees for failure to complete any
or all of the affordable housi ng units (such as collecting affordable housing in-lieu fees,
cash guarantees for the completion of the affordable units, providing a letter of credit,
bond or other financial guarantee to assure compliance).
110. A construction phasing plan shall be submitted to the Community Development
Director prior to the issuance of the first building permit.
111. The subdivider shall develop a Construction Management Plan for review and
approval by the Public Works and Community Development Directors. The plan shall
be submitted prior to the issuance of a building permit for proposed project buildings
and/or a phase of buildings. In addition, the contractor or builder shall designate a person
or persons to monitor the Construction Management Plan components and provide their
contact names and phone numbers. The Construction Management Plan shall include at
least the following items and requirements:
a. A set of comprehensive traffic control measure s, including scheduling of major truck
trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if
required, directional signs for construction vehicles, and designated construction
access routes.
b. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries and more intensive site work may be occurring,
c. Lo cation of construction staging areas which shall be located on the project site, for
materials, equipment, and vehicles.
d. Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety, and
noise impacts to surrounding neighbors.
e. The applicant shall ensure that the construction contractor employs the following
noise reducing measures:
i. Standard construction activities shall be limited to between 7:00 a.m. and
7:00 p.m. Monday through Saturday.
ii. All equipment shall have sound-control devices no less effective than those
provided by the manufacturer. No equipment shall have un-muffled exhaust
pipes; and
iii. Stationary noise sources shall be located as far from sensitive receptors as
possible, and they shall be muffled and enclosed within temporary sheds, or
insulation barriers or other measures shall be incorporated to the extent
possible.
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f. Temporary construction fences to contain debris and material and to secure the site.
g. Provisions for removal of trash generated by project construction activit y.
h. A process for responding to, and tracking, complaints pertaining to construction
activity.
i. Provisions for monitoring surface streets used for truck routes so that any damage
and debris attributable to the trucks can be identified and corrected.
j. Desi gnated location(s) for construction worker parking.
112. Parklands Development Fee Credit. In exchange for development of the "West Creek
neighborhood parks" (described as Lots 68, 69, 71, 72) or such other configuration of lots
as finally agreed upon by the city, the subdivider shall be entitled to a parklands
development fee credit of up to $250,000 for improving and maintaining the
referenced lots for public city use. The credit amount shall be considered by the Parks
and Recreation Commission, with their recommendation to the City Council prior to
recordation of a final map. The Parks and Recreation Commission shall be responsible
for Final Design Review of the referenced parks prior to construction.
113. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
114. Conditions relating to phasing and timing of infrastructure are approved as contained
herein, or as approved by the Community Development and Public Works Directors
during review of public improvement plans and final maps.
115. Financing and “fair share” contribution plans may be submitted for City Council review
with any final map application. The City Council will have sole discretion as to any
reimbursement and/or fee credit programs implemented with said final maps.
On motion by , seconded by , and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 13th day of April, 2016.
_____________________________
Doug Davidson, Secretary
Planning Commission
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