HomeMy WebLinkAbout05-17-2016 Item 01 West Creek Vesting Tentative Tract Map 1299 Orcutt
Meeting Date: 5/17/2016
FROM: Michael Codron, Community Development Director
Prepared By: David Watson, Consulting Project Planner
SUBJECT: CONSIDERATION OF A NEW RESIDENTIAL SUBDIVISION (VESTING
TENTATIVE TRACT MAP #3083) LOCATED AT ORCUTT AND TANK
FARM ROADS IN THE ORCUTT AREA SPECIFIC PLANNING AREA
(OASP) AND CONSIDERATION OF AN INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION (IS-MND), AS A TIER OFF THE
OASP FINAL EIR (2010)
RECOMMENDATION
As recommended by the Planning Commission, the City Council should adopt the following:
1. A Resolution approving a Mitigated Negative Declaration of Environmental Impact for
the project (Attachment A); and
2. A Resolution approving a Vesting Tentative Tract Map (No. 3083) creating 77 lots and
up to 172 residential units at 1299 Orcutt Road (a.k.a. “West Creek”; Application No.
SBDV-1769-2015) as conditioned therein (Attachment B); and,
Also, as recommended by the Planning Commission, the Council should consider the following
directional items for future processing:
3. To be considered by the Architectural Review Commission (ARC) during Final Design
Review of the project as follows:
a. Consider prohibiting a swimming pool as part of the project; and,
b. Provide special attention to reducing heights of retaining walls in the final design.
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SITE DATA
Applicant Robbins|Reed
Representative Randy Russom, RRM Design Group
Submittal Date July 28, 2015
Complete Date March 9, 2016
Zoning R-2-SP (Medium Density Residential,
Specific Plan) & R-4-SP (High Density
Residential, Specific Plan)
General Plan Medium & High Density Residential
Site Area 18.3 acres
Environmental
Status
Mitigated Negative Declaration
recommended for adoption.
REPORT-IN-BRIEF
The subject project is before the City Council to take action on a request for a Vesting Tentative
Tract Map (VTM#3083) subdividing up to 77 lots to include 1 lot for 105 condominium units, 67
single-family detached units and 9 lots for open space, parks and a street extension. The
proposed project is located in the Orcutt Planning Area, and subject to the standards of the Orcutt
Area Specific Plan (OASP). This application includes a series of proposals for architectural
design, site planning of residential uses, parklands, open space, and circulation improvements.
The plans and the project description are detailed in Attachments C and D.
Environmental review was conducted by “tiering” off the 2010 Final Environmental Impact
Report (FEIR) for the OASP, and supplementing this analysis with a project-specific 2016 Initial
Study-Mitigated Negative Declaration (IS-MND), which includes a series of mitigation measures
for approval of the West Creek project (Attachment E). The proposed tentative subdivision and
development plans have been reviewed by the Parks and Recreation Commission, Architectural
Review Commission (conceptual review) and the Planning Commission. Each Commission has
recommended approval of VTM#3083, as detailed in the Planning Commission materials
included as Attachments F, G and H.
DISCUSSION
Background
The proposed subdivision includes the following key land use features:
1. 67 single-family detached residential lots/units
2. 1 lot to include a condominium project of up to 105 units
3. 3 creek corridor lots
4. 5 open space and parkland lots
5. 1 lot for future extension of “A” Street
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Proposed
Project
Gross
Acreage
Commercial
Land Uses
Residential
Land Uses
Proposed Parks &
Open Space
West Creek
VTM # 3083
18.3 acres
none proposed
67 single family units
105 multi-family
units
172 total residential
1.65 acres Parks-Trails
0.70 acres HOA
Commons
2.80 acres Open Space
5.15 acres (28.1%)
CEQA review for this proposal involved use of the 2010 Final Environmental Impact Report
(FEIR) certified by the Council for the Orcutt Area Specific Plan (OASP). Although primarily a
“program level” EIR, this document included several “project-related” mitigation measures that
are being applied to this project as reflected in Attachment A.
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Planning Commission Review
Planning Commission (PC) review occurred on April 13, 2016. Following that hearing, the
Commission voted 3-1 (Riggs, Dandekar and Fowler absent) to recommend approval of the West
Creek project by adoption of their Resolution No. 1005-16, included as Attachment F.
Key issues addressed by the Planning Commission included:
1. Parking Space Reductions in the Multi-Family Residential (MFR) Neighborhood due to
Added Bicycle Parking and the Implementation of a Transportation Demand
Management Plan (TDMP).
2. Energy Conservation Techniques.
3. Requirement that any secondary access provided for VTM#3083 meet all engineering
design standards and be open and useable as a standard city street. (See staff notes
below).
4. Parkland Fee Credits for providing public park space.
The Planning Commission also recommended that attention be given to methods to reduce the
retaining wall heights proposed on the preliminary grading plan for the project. The Planning
Commission also reviewed and discussed the proposed pool for the multi-family residential
neighborhood and felt that consideration should be given to deferring or eliminating the pool
considering the water situation in the area.
Project Description
The project proposes a range of housing sizes and styles within three general housing product
types, including traditional detached single-family homes (23), small-lot single- family parkway
homes (44), and condominiums with studios and one-bedroom and two-bedroom units (total of
105).
Traditional SFRs
(23)
Parkway Homes
(44)
Condominium Units
(105)
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Of the 172 proposed residences, 10 are provided as affordable housing under City Housing
Element requirements. Consistent with OASP land use designations, areas generally north of the
East Fork of Orcutt Creek are developed with multi-family units at densities anticipated in the R-
4 zone.
Areas south of the creek are developed with small-lot single-family homes, appropriate for their
R-2 designation and with a variety of home options and styles provided for first-time home
buyers and move-down buyers.
Within the single-family traditional product, the lot sizes range from 4,500 square feet to 7,239
square feet. The single-family traditional lots are intended to serve multi-generational living
through flexible floor plan layouts, including optional attached secondary dwelling units. The
parkway single-family lots range between 3,500 square feet to 4,436 square feet.
A number of amenities are associated directly with the multi-family condominiums, providing
these occupants the opportunity to engage with neighbors and enjoy the indoor/outdoor lifestyle
encouraged under the OASP. A 1,950 square-foot clubhouse is proposed between Buildings C &
F on the north side of the riparian corridor for the condominiums. The clubhouse will provide
usable indoor space for different activities and events, as well as a bike service facility. Other
amenities include tables and BBQ facilities with views of the creek corridor.
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, and traffic calming features to promote the pedestrian friendly
environment envisioned by the OASP. Park and open spaces areas include the western extent of
the site and Orcutt Creek as it crosses the site from east to west which achieves multi -
purpose/multi use functions. These areas will provide for biological enhancement and drainage
mitigation, play/turf area, open space, seating areas, and opportunities for a community garden,
thereby providing both active and passive recreation amenities for the future residents of the
subdivision and the overall community as a whole. These areas would also be directly accessible
to the existing mobile home park residents to the west and homes to the north, which are
currently considered underserved by parks. In addition to the community park and open space
areas, ample parkways are provided in the southern portion of the project as neighborhood
commons among the units. Attachment C is the applicant’s proposed “Project Description”.
The aplicant is proposing to dedicate about 1.65 acres of city parks as part of their 5.15 acres of
parks and open space. As discussed below, the applicant is seeking a credit against OASP
parklands acquisition and improvemnent fees.
Vesting Tract Map #3083 (West Creek)
The proposed project includes residential land uses that provide a mix of housing types and
varieties anticipated by the OASP and General Plan Housing Element, and designed to meet
today’s needs for households in the San Luis Obispo area. Density and land use patterns are
consistent with the expected ranges of new housing units for the subject properties, as detailed in
the Planning Commission staff report of April 13, 2016 (Attachment G). Affordable housing
requirements will be met by the provision of ten (10) units on-site for qualifying families. These
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units are dispersed throughout the multi-family neighborhood along Orcutt Road. VTM# 3083 is
included as Attachment D.
Community Design
The proposed project has been reviewed twice by the Architectural Review Commission, and is
recommended for approval by the Commission. Their suggestions for internal access and
connectivity, as well as varieties of architectural design and buildings placement are incorporated
into the project plans included as Attachment D. Final Design Review will be a collaboration
between the ARC and Community Development Director. Conditions recommended for the
project include a protocol for final design review at ARC of “model” home building proposals,
with direction given to staff to finalize building plans at the staff/construction level of detail.
Open Space Conservation and Recreation Improvements
VTM#3083 provides permanent preservation of the creek corridors located on the property,
consistent with OASP goals and programs in this regard. As proposed, the open space and parks
proposed for West Creek represent 5.15 acres or about 28% of the total site area. Permanent
management measures are included for privately owned areas by the Master Homeowner’s
Association for the property.
The Parks and Recreation Commission (PRC) has reviewed the project twice, and is
recommending approval to Council for the initial project design. The final proposed park
improvements will be reviewed by the PRC with its recommendations forwarded to Council for
final action, should VTM#3083 be approved.
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Attachment I (Applicant Parks Credit Proposal) includes the applicant’s detailed proposal and
rationale for the requested credits. Following analysis by the PRC, they agreed that some credit
was appropriate, but that final design review would be needed to be more specific. Based on that
recommendation, and the applicant’s analysis that as proposed West Creek would generate about
$250,000 more in parklands fees than estimated under the OASP Public Facilities Financing Plan
(PFFP), Condition 112 was drafted and presented to the Planning Commission to establish an
upper threshold of $250,000 in credits, depending on the final design. Reasoning for this is that
such a credit would not adversely impact the PFFP resources to complete the planned parklands
under the OASP. This condition would set a threshold, but would not preempt the applicant
from proposing an alternate financing plan under other VTM#3083 conditions as proposed.
Transportation Systems
The primary feature of the West Creek transportation system is the northerly extension of “A”
Street to Orcutt Road. This primary collector road provides the singular access point to Orcutt
Road from the northern portion of the OASP. Internal streets provide a pattern of access
consistent with the OASP policies and programs for circulation. Trails and bike paths are also
included in the project design, again, consistent with directives of the OASP, as reflected in the
following OASP Circulation Plan, Figure 5.1.
West Creek
Project Site
VTM#3083
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Project Phasing
The final map for VTM#3083 will be recorded on a single map. The West Creek project,
however, will be developed in several smaller phases for infrastructure and buildings
construction.
The construction phases are summarized in three (3) basic stages in the following graphic: the
first phase beginning with the multi-family condominium development area, which would likely
continue throughout the course of construction on the site.
Phases 2 and 3 are the single-family neighborhoods, which would be developed in a sequence to
meet the project conditions and mitigation measures.
Total project buildout will take several years to complete, depending on the absorption rate of
new homes on the site and city-wide housing trends.
OASP Policy Consistency
The project has been carefully reviewed for consistency with OASP policies, in order to present
a project that meets the intent of the Specific Plan and fully implements the goals for
development of the Orcutt Area. The Planning Commission staff report for April 13, 2016
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(Attachment F) goes into greater detail of this policy review. The following summarizes OASP
Policy Consistency:
1. Conservation of Open Space and Natural Resources: OASP policies are largely focused
on protection of creeks, wetlands-riparian-sensitive habitats and visual resources.
VTM#3083 is consistent with these policies by setting aside the creek channels that run
though the project site as permanent open space, providing for habitat restoration and
enhancement on the property in areas adjoining these open space areas, pro tects sensitive
visual features and complies with detailed programs for building design and placement to
limit massing and heights to maintain area vistas and important visual features, such as
views to Righetti Hill. Open space and parklands (at 5.15 acres or 28% of the site) are
proposed in excess of minimum standards of the OASP.
2. Recreation: OASP policies call for the lion share of public parks to be provided within
the central areas of the Orcutt Area, primarily located on the Righetti Ranch project
(VTM#3063, approved in 2015). However, the applicants have presented plans for both
private parks and facilities and additional public parklands within their development that
would significantly exceed minimum OASP policies.
3. Land Use and Development Standards - Community Design: VTM#3083 is a residential
subdivision of mixed densities, addressing OASP policies governing a variety of housing
types integrated and dispersed within each neighborhood. The proposed single-family
and multi-family preliminary building designs have been reviewed by the ARC and are
recommended for approval. These designs, which will undergo additional review should
the project be approved, are consistent with the architectural design standards of the
OASP. Special setbacks and height limitations to augment the conservation and visual
protection policies noted above have also been incorporated into the proposed residential
units. Project density, including the provision of affordable housing units, is at the high
end of the expected density range established under the OASP, again, consistent with
these policies for providing for new units and a variety of housing types.
4. Lot Configurations and Circulation Patterns: The tract design has been carefully
balanced between various site constraints (such as creek corridors, site slopes, open space
restrictions, grading and OASP circulation patterns) to result in a well thought out
configuration of proposed residential lots and units. Site grading is designed to “balance”
on site, eliminating the export of any excess dirt, consistent with OASP landform and
environmental protection policies. OASP policies regarding the extension of major
collector and arterial streets leading through the West Creek site have been aligned with
nearby existing development along Orcutt Road, as well as planned future projects, such
as the southerly adjoining Wingate tract. Pedestrian and bicycle trails are extended
through the proposed tract to, again, tie into existing city facilities and planned
development within the OASP.
During their April 13th review, the Planning Commission discussed the issue of
secondary access to the West Creek project as required by Fire codes and regulations.
During their discussion the Commission recommended that should secondary access be
provided, that this access be open to general public use, rather than closed off via a gate
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or bollard system. Staff has since met with the applicants, Fire and Transportation staff,
and come to the conclusion that secondary access to Orcutt Road is inconsistent with
OASP policies otherwise limiting such connections to Orcutt Road, and that secondary
access is not required for the subdivision given the internal network of access and
connections to adjoining projects as they develop. On this basis, the Commission’s
recommendation is rendered unnecessary, and Conditions #10 and #100 have been
recommended to be deleted as provided for in Attachment B (Draft Resolution).
5. Public Utilities and Services: As proposed and conditioned, VTM#3083 has provided for
the installation of all public utilities to serve the project, consistent with OASP policies.
Phasing of the development project has been identified with a program for bringing on-
line such improvements as water supply, wastewater collection and conveyance lines,
extension of recycled water into the tract, and circulation systems noted above. To the
extent required, for improvement of this project, any off-site utility and infrastructure
improvements to serve the future homes will be coordinated with adjoining development
and existing city infrastructure, and timed under the phasing and construction
management plans to insure completion as needed for new residential homes. As
designed and conditioned, the subdivision design is directed at meeting fire codes, law
enforcement, health and waste management standards and requirements, and are
consistent with OASP policies and city building codes.
CONCURRENCES
The City’s Development Review Team has reviewed the project and have provided comment s
that are incorporated into the staff report and recommended resolution as conditions of approval
and code requirements.
ENVIRONMENTAL REVIEW
As mentioned above, CEQA review for this proposal involved use of the 2010 Final
Environmental Impact Report (FEIR) certified by Council for the OASP. Although primarily a
“program level” EIR, this document included several “project-related” mitigation measures that
are being applied to these projects as reflected in Attachment A. In addition to the FEIR, a
project-specific Initial Study (IS) was conducted for the application (Attachment E), which led to
a proposed Mitigated Negative Declaration (MND). The combined 2016 IS-MND is also
recommended for approval as part of Attachment A. As of the date of preparation of this report,
no comments had been received on the proposed MND. Staff will provide Council any materials
and a response to comments should any be received prior to the Council hearing.
FISCAL IMPACT
Approval of the project will not have a significant fiscal impact on City budgets, with the
possible exception of future parks and open space maintenance. Generally, new revenues
derived from these projects will accrue to the General Fund to provide overall resources to
support future city residents. In the case of OASP parks and open space, city management and
maintenance of these areas will incur future costs, depending on the final designs of these areas.
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These costs will be detailed further at the time of consideration of a final map for the project.
Generally, the project would be responsible for reimbursing costs for future processing,
subdivision and development consistent with the mitigation and conditions of a final approval.
The OASP anticipates subdivision and development of these properties in a coordinated manner.
The OASP “Public Facilities Financing Plan” (PFFP) is designed to accommodate public
infrastructure improvements throughout the planning area and will insure the completion of said
infrastructure as different projects proceed on their own timelines. As proposed and conditioned,
the West Creek subdivision and development project will implement the OASP goals and
policies by constructing necessary infrastructure and parks consistent with the financing policies
of the OASP.
ALTERNATIVES
1. Deny the VTM#3083. Findings of the City Council concerning such a recommendation
will need to be developed if this alternative is selected.
2. Continue the item. An action to continue the item should include a detailed list of
additional information or analysis required.
Attachments:
a - City Council Resolution adopting the Mitigated Negative Declaration
b - City Council Resolution approving the Project
c - Project Description
d - Plans for Vesting Tentative Tract Map & Architectural Plans (for reference)
e - Initial Study/Mitigated Negative Declaration
f - Planning Commission Resolution No. 1005-16 Recommending Approval
g - Planning Commission Staff Report (and Errata) from 4-13-2016
h - Planning Commission Minutes 4-13-16
i - Applicant Parks Credit Proposal
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RESOLUTION NO. _______ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL DETERMINATION FOR
VESTING TENTATIVE TRACT MAP NO. 3083 CREATING 77 LOTS FOR
PROPERTY LOCATED AT 1299 ORCUTT ROAD (SBDV-1769-2015,
TRACT #3083 a.k.a. “WEST CREEK”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on April 13, 2016, reviewed the Initial Study-Mitigated Negative Declaration (IS-MND),
considered public comment, and recommended adoption of the IS-MND; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 3, 2016; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. CEQA Findings, Mitigation Measures and Mitigation Monitoring Program.
Based upon all the evidence, the City Council makes the following CEQA findings in support of
the Vesting Tentative Map SBDV-1769-2015 (VTM#3083):
1. The proposed project is consistent with the requirements of the Orcutt Area Specific Plan
Final Environmental Impact Report (FEIR) certified and adopted by the City Council on
March 2, 2010, and this approval incorporates those FEIR mitigation measures as applicable
to VTM#3083, as detailed below.
2. A supplemental initial study has been prepared for VTM#3083 addressing potential
environmental impacts which were not identified or detailed in the FEIR for the Orcutt Area
Specific Plan (OASP). The Community Development Director has recommended that the
results of that additional analysis be incorporated into a Mitigated Negative Declaration
(MND) of environmental impacts, and recommends adoption of additional mitigation
measures to those imposed by the FEIR, all of which are incorporated below.
3. There is no substantial evidence, in light of the whole record before the City Council, that the
project, as analyzed in the IS-MND prepared for the West Creek subdivision (VTM#3083)
dated March 29, 2015, will have a significant effect on the environment; and that this
determination reflects the City Council’s independent judgment and analysis; and the City
Council hereby adopts the 2016 West Creek VTM#3083 project-specific Initial Study-
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Mitigated Negative Declaration subject to the following mitigation measures and the
mitigation monitoring program which are incorporated into the development project.
OASP FEIR MITIGATION MEASURES applicable to VTM#3083
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 shall 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 Program:
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.
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.
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• 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 implemented. Upon
confirmation by the Community Development Department and APCD, appropriate
CBACT features shall be applied. The application of these features shall occur
prior to Specific Plan construction.
• Specific Plan applicants shall be required to ensure that all construction
equipment and portable engines are properly maintained and tuned according to
manufacturer's specifications.
• Specific Plan applicants shall be required to ensure that off-road and portable
diesel powered equipment, including but not limited to bulldozers, graders,
cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power
units, shall be fueled exclusively with CARB motor vehicle diesel fuel (non-taxed
off-road diesel is acceptable)
Specific Plan applicants shall be required to install 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 (non-potable) water should be
used whenever possible.
• All dirt-stock-pile areas shall be sprayed daily as needed.
• Permanent dust control measures shall be identified in the approved Specific Plan
revegetation and landscape plans and implemented as soon as possible following
completion of any soil disturbing activities.
• Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast-germinating native grass seed
and watered until vegetation is established.
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD.
• All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon
as possible. In addition, building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
• All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section 23114.
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• 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 Program:
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 RESOURCES 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 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-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
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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-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
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
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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 implemented to avoid take of a Federally listed species. If
complete avoidance is not economically or technically feasible, then Section 10 of the
Federal Endangered Species Act (FESA) shall be used to authorize incidental take
when no other Federal agency such as the Corps is involved. This process 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
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, fairy
shrimp cysts could be collected during the dry season from the existing habitat and
placed into storage. Topsoil could also be removed and stored in conditions suitable
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to retain cysts. Wetland habitat could be enhanced/created in the areas shown on
Figure 4.4-2 by grading depressions in the landscape and “top dressing” the
depressions with the preserved topsoil. Preserved cysts would be added to the
recreated wetlands in December or January, after sufficient ponding has occurred.
It is important to note that VPFS habitat mitigation is still considered experimental.
VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to
ensure success. Habitat may be “created” only in an existing vernal pool landscape
that provides suitable soils and a number of other specific ecological factors (USFWS,
2004).
An alternative to 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.
BIO-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners
Association (HOA) members about the impacts associated with non- native animals,
especially cats and dogs, to the project site; similarly, the brochure must inform
potential homebuyers and all HOA members of the potential for coyotes to prey on
domestic animals.
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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 (Cytisus scoparius) and striated broom (C. striatus)
• Spanish broom (Spartium junceum)
• Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
• Blue gum (Eucalyptus globulus)
• Athel tamarisk (Tamarix aphylla)
• 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
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.
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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 by-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.
• N-1a Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for project
grading and construction.
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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 4.4.3a.
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
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 the event serpentinite rock
units are encountered during site grading and/or utility construction. Any mitigation plan
shall be subject to City Engineer approval.
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BIOLOGICAL MITIGATION
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall 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 pl ans, 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-VTM3083-2 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 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 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-VTM3083-3 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, -2 and -3 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.
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.
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TRANSPORTATION 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
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 supp ly 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 main line extension to the subdivision
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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 on improvement plans and construction drawings.
Upon motion of _______________________, seconded by _______________________, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2016.
______________________________
Lee Price, MMC
Interim City Clerk
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RESOLUTION NO. _________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 3083 CREATING 77 LOTS FOR PROPERTY LOCATED AT 1299
ORCUTT ROAD (SBDV-1769-2015, TRACT #3083 a.k.a. “WEST CREEK”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on April 13, 2016, and recommended approval of the project; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted public meetings on December 1, 2014 and October 18, 2015, and recommended
approval of the project; and
WHEREAS, the Parks and Recreation Commission of the City of San Luis Obispo
conducted public meetings on March 4, 2015 and November 4, 2015, and recommended approval
of the project; and
WHEREAS, notices of said public hearing and advisory meetings were made at the time
and in the manner required by law; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 3, 2016; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Luis
Obispo that Vesting Tentative Tract Map #3083 (SBDV-1769-2015) is hereby approved based on
the certified 2010 OASP EIR and 2016 West Creek project-specific Initial Study-Mitigated
Negative Declaration, the findings below and subject to the following conditions:
SECTION 1. ENVIRONMENTAL REVIEW. The City Council hereby determines
that the potential environmental effects of the VTM#3083 subdivision project were adequately
examined by the Initial Study-Mitigated Negative Declaration that was adopted on May 17, 2016
and that all potentially significant environmental effects were identified but mitigation measures to
be included and incorporated into the project avoid or reduce the effects to a point where clearly no
significant effect on the environmental would occur.
SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The City
Council does hereby approve application SBDV-1769-2015 (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:
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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.
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 California 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.
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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 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 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.
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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 improvements, 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
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs of
such acquisition including, but not limited to, all costs associated with condemnation.
Said agreement shall be in a form acceptable to the City Engineer and the City Attorney.
If condemnation proceedings are required, the subdivider shall submit, in a form
acceptable to the City Engineer, the following documents regarding the property to be
acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge in
writing that they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the appraised
price.
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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 SFR 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. The secondary access
shall be open to through traffic in a design approved by the City Engineer and Director of
Public Works.
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 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.
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.
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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 minimum 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.
22. The applicant shall conduct neighborhood speed surveys one year after occupancy of each
construction 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 Resolution No. XXXX (Approval of the MND), to the satisfaction of the City
Engineer.
24. The subdivider may present financing and reimbursement programs for transportation
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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 luminaires 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 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
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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
demolition. 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. 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
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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.
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-2 and R-4 neighborhoods and off-site park area is achieved per ADA and the 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
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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 storm drain lines located within A-2, A-3, and A-4 streets shall be
relocated into the street pavement areas unless specific areas are specifically accepted by the
Public Works Department. Otherwise, storm drain lines located under parkways, curb, gutter,
and/or sidewalk shall be private for maintenance by the Homeowners 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 storm drain 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
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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 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 PG&E
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
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with the OASP unless otherwise required for traffic 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 Bullock 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 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.
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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, 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 delineated 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 issuance. 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
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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 regulations 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.
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-year 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. 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.
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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 by the City. 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 demonstrate 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.
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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 improvements, 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 perched 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 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
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Resolution No. ______ (2016 Series) Page 17
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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.
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 submittal of a request for a final map, the subdivider shall provide a written
report detailing the methods and techniques employed for complying with 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
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Resolution No. ______ (2016 Series) Page 18
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benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the
San Luis Obispo County Airport via an avigation easement document prior to the recordation
of the final map.
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 Luis 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 Commission (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
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 housing
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 measures, 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.
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Resolution No. ______ (2016 Series) Page 19
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b. Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries and more intensive site work may be occurring.
c. Location 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.
f. Temporary construction fences to contain debris and material and to secure the site.
g. Provisions for removal of trash generated by project construction activity.
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. Designated 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.
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Resolution No. ______ (2016 Series) Page 20
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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 an y
reimbursement and/or fee credit programs implemented with said final maps.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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Resolution No. ______ (2016 Series) Page 21
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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West Creek Project Description (March 2016)
Project Site
The West Creek project, a portion of the larger Orcutt Area Specific Plan, proposes to develop a
broad range of residential unit types along Orcutt Road near the intersection with Johnson
Avenue. The project is designed as a single project spanning two OASP designated sites totaling
18.29 acres, the Mid-State (076-481-002) and Maddalena (076-481-001) parcels. There are
several unique constraints that must be confronted with development of the site, including 52
feet in grade change, two forks of Orcutt Creek which pass through the site, a PG&E easement
along the entire southern property line, and OASP requirements to provide vehicle access to
future neighboring developments to both the east and south. The combination of the two
parcels into a single project creates a more efficient design solution to work with both site
opportunities and constraints. The single project solution allows for the target OASP unit count
to be achieved while providing additional open space and community amenities.
Housing Types
The project includes two distinct project areas which provide a wide range of housing types to
address needs within the community. All of parcel 076-481-001 is currently zoned by the City as
High-Density Residential (R-4). APN 076-481-002 is currently designated as Medium-Density
Residential (R-2), with the exception of the northwest corner of the parcel, which is zoned as
High-Density Residential (R-4). Consistent with the OASP land use designations, areas generally
north of the East Fork of Orcutt Creek are developed with multi-family units at densities
anticipated in the R-4 zone, and the areas south of the creek are developed with small-lot
single-family homes, appropriate for their R-2 designation.
Traditional Homes: The 67 single-family homes in the R-2 zone contain two distinct housing
types – traditional (23) and parkway (44). Within the single-family traditional product, the lot
sizes range from 4,500 square feet to 7,376 square feet. The single-family traditional lots would
serve multi-generational living through flexible floor plan layouts, including optional attached
secondary dwelling units. There are three different model types that provide for different
preferences, including:
1) Single-story unit with 1,830 square feet (3 bedrooms);
2) Two-story unit with 2,027 square feet (3 bedrooms);
3) Two-story multi-generational units with 2,063 square feet (3 bedrooms), and an
optional 450 square-feet efficiency unit for a family member.
Parkway Homes: With the parkway homes, the predominant lot size is 3,150 square feet. There
are three model types all of which are two stories and include three bedrooms with floor area s
ranging between 1,651 to 1,959 square feet. To facilitate neighborhood interaction and provide
for communal play areas for children, grand parkways have been incorporated in between
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portions of the single-family parkway lots with front porches fronting onto and engaging with
these spaces.
Multi-Family Units: The condominiums will have seven separate buildings with the same mix
of units in each building. There will be five (5) studios, one (1) one-bedroom unit, and nine (9)
two-bedroom units in each of the seven buildings. The 105 units are composed of 35 studios, 7
one-bedroom units, and 63 two-bedroom units. The floor area for the one-bedroom units is
703 square feet, and the 2-bedroom townhomes range between 951 to 1,215 square feet.
Studio units by City definition need to be 450 square feet or less.
A number of high quality amenities are associated directly with the multi-family condominiums,
providing these occupants the opportunity to engage with neighbors and enjoy the
indoor/outdoor lifestyle encouraged in the OASP as well. A 1,655 square-foot clubhouse is
proposed between Buildings C & F on the north side of the riparian corridor. The clubhouse will
provide usable indoor space for different activities and events, as well as include a bike service
facility. Other amenities include tables and BBQ facilities with views of the creek corridor.
Parks & Open Space
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, trails, and traffic calming features to promote the pedestrian
friendly environment envisioned by the OASP. Park and open spaces areas includ e the western
extent of the site and Orcutt Creek as it crosses the site from east to west which achieves multi-
purpose/multi use functions. These areas will provide for biological enhancement and drainage
mitigation, play/turf area, open space, seating areas, and opportunities for a community garden,
thereby providing both active and passive recreation amenities for the future residents of the
subdivision and the overall community as a whole. These areas would also be directly accessible
to the existing mobile home park residents to the west and homes to the north, which are
currently considered underserved by parks. In addition to the community park and open space
areas, ample parkways are provided in the southern portion of the project as neighborhood
commons among the units.
Road Infrastructure
Proposed road infrastructure includes incorporation of a main collector street (‘A’) that
connects to Orcutt Road and in the future will connect to the rest of the Orcutt Area Specific
Plan development. Primary street (‘A2’) has been incorporated to provide potential future
access needs of other Orcutt Area Specific Plan developments. Secondary streets (‘A3’and ‘A4’)
have been incorporated to provide access to the proposed parkway single family and traditional
single family lots. In addition, alleys have been incorporated within the parkway family lots for
garage access.
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Project Goals
Goals for the West Creek project include but are not limited to:
Meeting the overall goals of the Orcutt Area Specific Plan, as established in connection
with the City’s General Plan;
Providing a broad range of residential housing types for both buyers and renters with
varying income-levels that meet the City’s overall housing needs;
Protecting and enhancing creek habitat found within the project site area; and
Providing open space and recreational amenities to promote active lifestyles of current
and future residents.
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West Creek Project – 1299 Orcutt Road
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T1 FEBRUARY 19, 2016 #1014050
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Require
d bi
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s
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Pro
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e
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for
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Tot
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l
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Requi
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BI
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Sum
m
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F
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Parking Numbers
Re
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yle parking
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v
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0
c
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s
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172 / 20 = 9 required;10 provided
MOTORCYCLE PARKING SUMMARY
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City of San Luis Obispo
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER # SBDV-1769-2015
1. Project Title:
West Creek development plans including Vesting Tentative Map #3083
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Marcus Carloni, Associate Planner
805-781-7176
David Watson, AICP, Contract Project Planner
805-704-8728
4. Project Location:
1299 Orcutt Road
5. Project Sponsor’s Name and Address:
Robbins Reed, Inc.
1308 Monterey Street, Suite 210
San Luis Obispo, CA 93401
6. General Plan Designation:
Medium & High Density Residential
7. Zoning:
Medium & High Density Residential with the Specific Plan overlay (R-2-SP & R-4-SP)
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 2
8. Description of the Project:
The West Creek site will serve as the northern gateway to the rest of the OASP to the south, and
has been designed to incorporate attractive open spaces while accommodating the density
anticipated by the OASP. These open spaces will connect the OASP neighborhoods to the
existing surrounding San Luis Obispo communities and provide both passive and active
recreational opportunities for those in the area through planned open space enhancements and
appropriate setbacks. Trails meandering through these open spaces provide for non-motorized,
inter-neighborhood circulation, while promoting the active, outdoor recreational opportunities
encouraged by the OASP.
The project proposes a range of housing sizes and styles within three general housing product
types, including traditional detached single-family homes (23), small-lot single- family parkway
homes (44), and condominiums with studios and one-bedroom and two-bedroom units (total of
105). Of the 172 proposed residences, 10 are provided as affordable housing under City Housing
Element requirements. Consistent with OASP land use designations, areas generally north of the
East Fork of Orcutt Creek are developed with multi-family units at densities anticipated in the R-
4 zone.
Areas south of the creek are developed with small-lot single-family homes, appropriate for their
R-2 designation and with a variety of home options and styles provided for first-time homebuyers
and move-down buyers. Within the single-family traditional product, the lot sizes range from
4,500 square feet to 7,239 square feet. The single-family traditional lots would serve multi-
generational living through flexible floor plan layouts, including optional attached secondary
dwelling units.
With the parkway homes, the lot sizes range from 3,150 square feet to 4,736 square feet. To
facilitate neighborhood interaction and provide for communal play areas for children, grand
parkways have been incorporated in between portions of the single-family parkway lots with
front porches fronting onto and engaging with these spaces.
Outdoor amenities within the single family portion of the site include a number of amenities
associated directly with the multi-family condominiums; providing these occupants the
opportunity to engage with neighbors and enjoy the indoor/outdoor lifestyle encouraged in the
OASP as well. A 1,950 square-foot clubhouse is proposed between Buildings C & F on the north
side of the riparian corridor. The clubhouse will provide usable indoor space for different
activities and events, as well as include a bike service facility. Other recreational and open space
amenities include tables and BBQ facilities with views of the creek corridor.
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, and traffic calming features to promote the pedestrian friendly
environment envisioned by the OASP. Park and open spaces areas include the western extent of
the site and Orcutt Creek as it crosses the site from east to west which achieves multi-
purpose/multi use functions.
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 3
Proposed
Project
Gross
Acreage
Commercial Land
Uses
Residential
Land Uses
Proposed Parks &
Open Space
West Creek
VTM # 3083
18.3 acres
none proposed
67 single family units
105 multi-family units
172 total residential
1.59 acres Parks-Trails
1.88 acres HOA Commons
1.53 acres Open Space
5.00 acres (27.3%)
These areas will provide for biological enhancement and drainage mitigation, play/turf area, open
space, seating areas, and opportunities for a community garden and dog off-leash area, thereby
providing both active and passive recreation amenities for the future residents of the subdivision
and the overall community as a whole. These areas would also be directly accessible to t he
existing mobile home park residents to the west and homes to the north (via and easement),
which are currently considered underserved by parks. In addition to the West Creek community
park and open space areas proposed with Vesting Tentative Tract Map #3083, ample parkways
are provided in the southern portion of the project as neighborhood commons among the units.
9. Surrounding Land Uses and Settings:
The project site consists of about 18.3 acres, spanning two OASP designated parcels, the Mid-
State and Maddalena parcels. The combination of the two parcels into a single project allows for
a more complete design solution and efficient development pattern. There are several unique
constraints that must be addressed with development of the site, including 52 feet in grade
change, two forks of Orcutt Creek which pass through the site, a PG&E easement along the entire
southern property line, and OASP requirements to provide vehicle access to future neighboring
developments to both the east and south.
Immediately to the east of the site are two R-2-SP zoned sites within the OASP that are currently
used for suburban residential and intermittent grazing purposes. To the southeast of the site is
the Taylor-Wingate development, which is also within the OASP and zoned R-2-SP and R-3-SP.
Properties to the north are zoned R-3 and R-1 and are developed with an assisted living facility
and single family homes. Properties immediately to the west are zoned R-2 and are developed
with mobile homes.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.):
Air Pollution Control District – grading permits
Central Coast Regional Water Quality Control Board - NPDES general construction activity
storm water permit(s)
Army Corps of Engineers – Section 404 permit(s)
CA Fish and Wildlife – Streambed Alteration Permit(s)
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 4
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 Resources
Hazards & Hazardous
Materials
X
Public Services
X
Air Quality
Hydrology / Water Quality
Recreation
X
Biological Resources
Land Use / Planning
X
Transportation / Traffic
X
Cultural Resources
Mineral Resources
X
Utilities / Service Systems
Geology / Soils
X
Noise
Mandatory Findings of
Significance
FISH AND GAME FEES
The Department of Fish and Wildlife has reviewed the CEQA document and written no effect
determination request and has determined that the project will not have a potential effect on fish, wildlife,
or habitat (see attached determination).
X
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 Wildlife for review and comment.
STATE CLEARINGHOUSE
X
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 5
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made, by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
X
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially
significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
March 29, 2016
David Watson, AICP, Project Planner Date
For: Michael Codron
Doug Davidson, AICP, Deputy Community Director Community Development Director
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 6
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 parentheses following each question. 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.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With 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 19, "Earlier Analysis," as described in (5) below, 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)). 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 the 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
addressed site-specific conditions for the project.
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.
8. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 7
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 1 --X--
b) Substantially damage scenic resources, including, but not limited
to, trees, rock outcroppings, open space, and historic buildings
within a local or state scenic highway?
1 --X--
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
1 --X--
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
1, 2 --X--
Evaluation
a) The primary scenic value from within and around the subject site is the view to the east of the Santa Lucia foothills and
Righetti Hill to the south. As a road of “moderate scenic value,” development along this segment of Orcutt Road would
require a design that preserves vistas and views to the maximum extent possible. The OASP EIR acknowledges that views of
the rural residential area to the east would still be maintained from the road, even with proposed development. However, the
EIR included programs to fulfill the goal of minimizing impacts to surrounding views. The pertinent programs to this site
include:
1. A minimum 20-foot wide landscaped setback along Orcutt Road.
2. ARC review of development plans to insure that the site design preserves views while allowing for reasonable
development.
3. ARC approval of landscape plans for the street setbacks that screen development in foreground views, but also
maintain backdrop views.
4. Buildings with more than a single story shall be set back at least 50 feet from Orcutt to maintain views.
Development plans show a 22 to 28-foot wide landscaped buffer is provided along Orcutt Road and that project buildings will
be set back at least 50 feet from Orcutt Road. As suggested in 1 above, Program 2.4.1a of the OASP requires a 20’
landscaped setback along Orcutt Rd. The OASP reference is to establishing a minimum 20’ landscaped zone (or visual
“buffer”) between Orcutt Road and the project, with buildings to be set back an additional 30’ for a total of at least 50’. The
22’ “buffer” of landscaping is composed of 8’-14’ of landscaping within the public right-of-way, and another 14’ on private
property, making the minimum landscape area 22’. The ARC will review detailed landscaping plans with their final review of
project plans after Vesting Tentative Map approval.
The tallest buildings in the project are in the R-4 portion of the site closest to Orcutt Road. Because of the grade differential
between the street and the building footprint, the new structures with the 50-foot setback will appear to be two stories.
Parking will also be recessed below the Orcutt Road right-of-way. With the proposed scale and height of planned
development and its distance from the main scenic corridors, the project will not create a substantial adverse effect on a sc enic
vista.
b) One of the main objectives of the OASP and companion EIR is to protect natural habitats, including creeks, hills, wetlands,
and corridors between these habitats. The subject site currently contains a house and several small accessory buildings and in
the past has accommodated animal grazing. The site is mostly sloping grassland, but does contain a degraded riparian
corridor (East Orcutt Creek). The project site also slopes substantially across the R-2 Multi-Family section, and this slope
creates the need to grade these portions of the site, significantly altering natural landforms along the east fork creek corridor.
City design policies encourage sensitivity to this type of grading, while acknowledging the need for more landform
modifications than might otherwise occur with smaller “infill” projects. While not rising to the level of “potentially adverse
environmental impacts”, the grading and associated retaining features will be conditioned to address visual and design
considerations as part of final architectural design efforts. Project plans will enhance the corridor and make it a project
amenity consistent with policies and guidance provided in the OASP. Therefore, the impact is less than significant for this
project.
c) The existing visual character of the site will change from semi-rural to an urbanized area, pursuant to and consistent with
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 8
the objectives of the OASP. The project is required to be consistent with the distribution of land uses and design standards
stated in the OASP to ensure that the appearance of the development is acceptable and that no new buildings block scenic
views. Therefore, the project as proposed is consistent with the OASP and in this regard is self -mitigating. Through
conditions of approval the project will be further required to comply with City codes and standards some of which impact
aesthetics. Ultimately the design will require the review and approval of the Architectural Review Commission (ARC) to
ensure consistency with the City’s Community Design Guidelines as well as the OASP. Regardless, the proposed
development would contribute to the project wide effect on the aesthetic character of the site vicinity through alteration of
view-sheds from Orcutt and Tank Farm Roads. The OASP EIR considered this a cumulative significant and unavoidable
impact and considered and approved overriding considerations.
d) The prior OASP EIR acknowledges that future development pursuant to the OASP will introduce new sources of light,
glare and nighttime illumination, as is typical with residential and commercial development. However, the OASP EIR
determined that such light and glare impacts can be mitigated to less than significant at the site specific project stage through
compliance with lighting design standards set forth in the OASP and with other adopted standards may be applicable by other
City regulations. The new light source subject to mitigation will not adversely affect day or nighttime views in the urbanized
area. Therefore impacts from new sources of light or glare will be less than significant with mitigation AES-3(a) as specified
in the OASP EIR to be implemented through compliance with the OASP Lighting Standards (Program 4.43a addressing light
spacing and height, shielding and spillover restrictions). Building and parking lot lighting for the project will also be
reviewed and approved by the ARC in compliance with the aforementioned standards of the OASP and Chapter 17.23 of the
City’s Zoning Regulations (Night Sky Preservation Ordinance).
Project-Specific Mitigation Measures:
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.
2. AGRICULTURE RESOURCES. Would the project:
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?
1 --X--
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
1 --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?
3 --X--
Evaluation
a) Although the proposed project would permanently convert soils that have been defined by the City as prime agriculture
lands, the value of the Orcutt Area’s agricultural land resources, as measured by the LESA Model, is not considered
significant. Therefore there is no impact.
b) There is no agricultural zoning or Williamson Act Contract in effect on the subject site.
c) The project site has been used for grazing in the past and as a residence. The Biological Resources Assessment performed
for the site (Source Reference 15) notes that the site has been over-grazed and generally non-productive for agricultural uses.
Therefore, this project will not result in any direct loss of productive farmland. Other lands in the vicinity of the projec t site
are either already developed, or if within the Orcutt Area Specific Plan and in agricultural use, are slated by the Plan for
eventual non-agricultural use whether this project proceeds or not. Therefore, this project has no direct correlation to any
planned conversions of farmland to non-agricultural uses. The impacts of conversion of these lands to non-agricultural uses
was evaluated both in the environmental documents for the City’s Land Use and Circulation Elements and the OASP as
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 9
significant, irreversible, adverse impacts that could not be mitigated and the necessary Statement of Overriding
Considerations were adopted by Resolution No. 10154 (2010 Series) pursuant to CEQA. Nonetheless, policies of the Land
Use Element were adopted to help compensate for, and thereby reduce the impacts from productivity lost as a result of the
conversions to non-agricultural uses. This project complies with said policies by being consistent with approved land use
designations for the site. Thus the impact is less than significant.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air
quality plan?
1 --X--
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
1 --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 quantitative
thresholds for ozone precursors)?
--X--
d) Expose sensitive receptors to substantial pollutant
concentrations?
--X--
e) Create objectionable odors affecting a substantial number of
people?
--X--
Evaluation
a-e) According to the prior OASP EIR, project construction will generate short -term emissions of air pollutants.
Construction-related emissions would primarily be dust (particulates) generated from soil disturbance and combustion
emissions generated by construction equipment. Such dust generation was determined to be a potentially short -term
significant impact on air quality that could exceed established state and federal thresholds for regional or local air quality or
otherwise conflict with City and County air quality plans or programs. In addition, the project site is situated near existi ng
residential units thereby potentially exposing sensitive receptors to substantial pollutant concentrations. The OASP EIR also
noted long-term (“operation”) air quality impacts would result from on-going emissions generated by the project-related
vehicular trips, as well as additional natural gas combustion for space and water heating and additional fuel combustion at
power plants for electricity consumption.
To reduce vehicular trips associated with the project, the design includes many sustainable features and is not auto-centric.
The project includes a network of pedestrian pathways internally throughout that will connect to the property to the south as
well as Orcutt Road. The applicant is preparing a trip reduction plan that makes a formal commitment to providing features
and amenities in the project to encourage residents to seek alternatives to single passenger trips. These features include , but
are not limited to: 1) Bicycle parking in excess of minimum City requirements; 2) Provision of a bicycle care center in the
community building that will support and service bicycles; and 3) Use of rideshare and/or FunRide services. Additionally, the
project has made a commitment to equipping 100% of the units to potentially use solar systems. The applicant’s commitment
to a trip reduction plan (including annual TDMP monitoring and reporting to gauge successful implementation – Reference
Source 18), solar power together with conditions of approval assure mitigation measures set forth in the prior EIR are brought
forward with this project.
The Geology report generated for the project (Earth Systems, 2014, Attachment 5) makes reference to naturally-occurring
asbestos in certain rock formations. At this site, the Report identified serpentinite rock of the Franciscan Melange rock units
of the general vicinity, a potentially asbestos-bearing rock unit. The Report noted that if excavation into the Franciscan
Melange rock units is planned, and serpentinite is encountered, it should 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 Engineer -Geologist, and
submitted to the City for consideration. Project-specific Mitigation Measure AQ-VTM3083-3 is included to address this
potential impact.
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 10
Thus, the project impact is less than significant with mitigation included.
Project-Specific Mitigation Measures:
AQ-VTM3083-1 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 Transportation Demand Management Program (TDMP) Implementation and Monitoring . The
TDMP dated 3-14-2016 shall be implemented with CC&Rs for the final map(s) for the proj ect incorporating the various
operational and design standards into the project. An “Annual TDMP Effectiveness Report” shall be prepared and submitted
to the Community Development Department following the first year of occupancy for residences in the R -4 area, and shall be
repeated annually thereafter. The Annual Report shall describe parking management and recommendations to improve the
TDMP, subject to approval of the Community Development Director.
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 Engineer-Geologist, and submitted to the City Engineer for approval before work in such area(s) may
recommence.
OASP FEIR Mitigation Measures:
The OASP EIR concluded that implementation of the Plan, with mitigation measures AQ- 1(a), 1(b), 1(c), 3(a), 3(b), 3(c) and
3 (d) would reduce the dependence on automobiles and improve energy efficiency decreasing emissions.
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 “Energy Star” rating; build in
energy efficient appliances; use low energy street lighting and traffic signals; use energy efficient interior lighting; use solar
water heaters; and use double-paned windows.
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 shall include shade trees within the parking area. There shall be at least one shade tree
for every six vehicle parking spaces.
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.
1. 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 implemented. Upon confirmation by
the Community Development Department and APCD, appropriate CBACT features shall be applied. The
application of these features shall occur prior to Specific Plan construction.
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 11
2. Specific Plan applicants shall be required to ensure that all construction equipment and portable engines are
properly maintained and tuned according to manufacturer's specifications.
3. 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).
4. 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:
1. Reduce the amount of the disturbed area where possible.
2. 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.
3. All dirt-stock-pile areas shall be sprayed daily as needed.
4. 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.
5. 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.
6. 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.
7. 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.
8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site.
9. 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.
10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment
leaving the site.
11. 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.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
1, 15 --X--
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 12
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 Wildlife or U.S. Fish and Wildlife Service?
15 --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, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means?
15 --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
native wildlife nursery sites?
15 --X--
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
1,2,3 --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?
3 --X--
Evaluation
The EIR prepared for the OASP conducted programmatic biological resource impact analyses of special species of plants and
animals, and different habitat values, including riparian corridors and wetlands. The OASP incorporated recommended EIR
policies and programs. Appendix C of the OASP incorporates mitigation measures to be applied to project approvals
consistent with the Specific Plan as applicable. The most significant sensitive natural resource features on the project site are
the creek corridors and associated wetland and woodland areas. In order to evaluate t he specific impact of proposed
development on the riparian corridors and other portions of the project site, the applicant had a Biological Resources
Assessment (BRA) completed by SWCA Environmental Consultants which is dated June 25, 2015 and included as Source
Reference 15.
a) The BRA documents the existing habitat zones on the project site and includes surveys of special status species of plants
and animals. The surveys fulfill the requirements of adopted mitigation measures and concluded that special status species
were not present on the site in areas of development. The first two mitigation measures listed below are recommended in
advance of construction depending on its timing.
b,c,d) East Orcutt Creek flows through the project site. Sheet C5 of the VTM shows that the two riparian open space lots
have been created that are numbered 76 & 79. The riparian lot configurations were specifically developed to include the
channel area, creek banks, and appropriate setbacks, based on the project engineer’s consultation with the City, including the
Natural Resources Manager, and other regulatory agencies. Consistent with OASP policies and development guidance, the
riparian corridor will be protected as open space and enhanced with native plantings as appropr iate. This will create a
riparian corridor with an improved high habitat value for wildlife species. Therefore, it is not expected that the development
would interfere substantially with the movement of any native wildlife species.
e) VTM Sheet C3 is the project demolition plan which includes the locations of existing trees and their proposed status with
development. The two most common trees shown are willows in the creek corridors and peppers in clusters at scattered
locations. Several varieties of ornamental trees are located in the vicinity of the existing house. There are no significant
specimen or heritage trees on the property. However, there are some larger oaks that where possible should be saved. The
City Arborist will review project plans and evaluate the tree proposals. At the time of submittal of tract improvement
plans/grading plans, the Arborist will evaluate final tree removal plans and will provide recommendations on design revisions
and/or tree replacement programs to resolve tree remova l. Ultimately, the ARC will weigh in if there are any tree removals
shown on plans that the City Arborist objects to. In this context the ARC will have the responsibility to define project grading
and/or housing changes to implement final tree mitigations. To the extent this reduces density or site plans, those changes will
be evaluated for major or minor modifications to the approved VTM. Therefore, City review processes assure that proposed
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 13
tree removals will be properly evaluated and project conditions for compensatory tree planting developed if deemed
necessary.
Project-Specific Mitigation Measures:
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall 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 change s
will be evaluated for major or minor modifications to the approved VTM.
BIO-VTM3083-1 Nesting Bird Survey. 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 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 Bats 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.
OASP FEIR Mitigation Measures:
B-3(a) Construction Requirements. Development under the Specific Plan shall abide by the requirements of the City
Arborist for construction. Requirements shall include but not be limited to: the protection of trees with construction setbacks
from trees; construction fencing around trees; grading limits around the base of trees as required; and a replacement plan for
trees removed including replacement at a minimum 1:1 ratio.
Riparian Woodland and Wetland Habitat (OASP)
B-4(a) Trail Setbacks. Trails shall be setback out of riparian habitat. The trail shall be a minimum distance of 20 feet from
top of bank or from the edge of riparian canopy, whichever is farther. Trails shall be setback from wetland habitat at a
minimum distance of 30 feet and shall not be within the buffer. Native plant species that will deter human disturbance shall be
planted in the area between the trail and the wetland/riparian habitat including plants such as California rose (Rosa
californica) and California blackberry (Rubus ursinus). No passive recreational use shall be allowed in the riparian or wetland
habitats or drainage corridors.
B-4(b) Development Setbacks. Development that abuts riparian and wetland mitigation areas shall also be setback at least 20
feet, and be buffered by an appropriately-sized fence and/or plants that deter human entry listed in B-4(a).
B-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).
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 14
As noted above, the trail shall be setback out of the buffer area for riparian and wetland habitat.
Impacts to Wildlife (OASP)
B-5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are located onsite, substantial
setbacks from their identified habitat shall be implemented to avoid take of a Federally-listed species. If complete avoidance
is not economically or technically feasible, then Section 10 of the Federal Endangered Species Act (FESA) shall be used to
authorize incidental take when no other Federal agency such as the Corps is involved. This process includes development of
a Habitat Conservation Plan for protecting and enhancing the Federally-listed species at a specific location in perpetuity.
Species take can also be authorized under Section 7 of the FESA if a Federal agency is involved in the project (e.g., Corps
Section 404 permitting for impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead agency requesting
Section 7 consultation. 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.
B-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland habitats shall be reduced to the
minimum width possible, while maintaining Fire Department Requirements for emergency access, with slower speed limits
introduced. Posted speed limits should be 25 mph.
B-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method of last resort per the City
Waterways Management Plan, where they are required, culverts connecting the Plan Area drainage corridors with upstream
and downstream drainage corridors shall be evaluated during the suitability analysis pursuant to Mitigation Measure B-5(e) 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 Mitigation Measure B-4 for
mitigation regarding riparian and wetland habitat setbacks.
B-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall prepare a brochure that informs
prospective homebuyers and Home Owners Association (HOA) members about the impacts associated with nonnative
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.
B-6(c) 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 full list of plants
for this mitigation is included in the summary of mitigation measures at the end of this document.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historic resource as defined in §15064.5.
1,16 --X--
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5)
1,16 --X--
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
1 --X--
d) Disturb any human remains, including those interred outside of
formal cemeteries?
1 --X--
Evaluation
a) The project area has been part of two general cultural resource field surveys. There are existing buildings on the site that
may be more than 50 years old. Any buildings which are older than 50 years old would be subject to a historic evaluation
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 15
consistent with the City’s Preservation Program Guidelines. However, photo evaluations conducted for this IS do not suggest
any historic features associated with the existing residence to be demolished (Source Reference 16). Under recommended
conditions, the project will complete a photo inventory of the buildings prior to demolition. With compliance with the cited
mitigation measure, the impact would be mitigated. Therefore, the project impact is less than significant with mitigation
included.
b,c,d) The project site is located in an area that does not contain any unique geological feature and possesses no known
unique paleontological resources. The OASP EIR included an on-site survey of the subject project area and although no
historic or archeological resources were discovered, the site was identified in EIR Figure 4.5.2 as an area that would need to
be monitored during construction. Development of the site will be subject to construction mitigation monitoring requirements
contained in the OASP and OASP EIR to address any unknown subsurface resources which may be discovered during grading
operation of the site. Thus, the project impact is less than significant with mitigation included.
Project-Specific Mitigation Measures:
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.
OASP FEIR Mitigation Measures:
CR-1 (d) Archaeological Resource Construction Monitoring. At the commencement of project construction, an orientation
meeting shall be conducted by an archaeologist for construction workers associated with earth disturbing procedures. The
orientation meeting shall describe the possibility of exposing unexpected archaeological resources and directions as to what
steps are to be taken if such a find is encountered. 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.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
1,5 --X--
I. Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
1,5 --X--
II. Strong seismic ground shaking? 1,5 --X--
III. Seismic-related ground failure, including liquefaction? 1,5 --X--
IV. Landslides? 1,5 --X--
b) Result in substantial soil erosion or the loss of topsoil? 1,5 --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 landslide, lateral spreading, subsidence,
liquefaction or collapse?
1,5 --X--
d) Be located on expansive soil, as defined in Table 1802.3.2 of the
California Building Code (2007), creating substantial risks to
life or property?
4, 5 --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?
1,5 --X--
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 16
Evaluation
a)- d): The OASP EIR found that all the above-stated effects from implementation of both plans would be less than significant
and therefore the OASP EIR conducted no further evaluations. There is no new evidence to suggest there would be any site -
specific impacts that were not adequately anticipated or evaluated in the prior environmental documents . The preliminary
grading plan proposes a substantially balanced cut and fill, minimizes the need for tall retaining walls, and respects site
contours. The final grading plan of the proposed subdivision will be in accordance with the Geotechnical Engineer’s
recommendations and the California Building Code adopted by the City and modified by City regulations. Thus, the project
impact is less than significant.
7. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment?
1 --X--
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases?
6, 14 --X--
Evaluation
In addition to the analysis regarding Air Quality impacts, the OASP EIR also included a discussion of strategies for reducing
greenhouse gas (GHG) emissions and provided a project-specific emissions inventory. The City does not have specific
adopted project thresholds for GHGs, but did recently adopt a Climate Action Plan (CAP), which like the aforementioned
OASP EIR section on GHGs, provides guidance on project design and other sustainable practices to reduce emissions. The
applicant completed a CAP compliance checklist which outlines the many design features of the project that constitute a
qualified GHG reduction strategy. Therefore, the project is consistent with EIR guidance on reducing GHGs as well as the
CAP; therefore, the impact is less than significant.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
1 --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?
1 --X--
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
1 --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?
1 --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?
7 --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?
7 --X--
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
7 --X--
h) Expose people or structures to a significant risk of loss, injury, 7 --X--
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 17
or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?
Evaluation
a), b), d): The OASP EIR determined no hazardous materials, substances or waste exist on the subject site. Thus there is no
impact.
c) The project site is not located within one-quarter mile of an existing or proposed school. Thus there is no impact.
e) The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment.
Thus, there is no impact.
f) The project site is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County
Airport Land Use Plan (ALUP). In its adoption of the OASP, the City Council found the OASP to be consistent with the
ALUP, and ultimately received the endorsement of the Airport Land Use Commission. The OASP includes performance
standards for avigation easements for tracts (3.5.2g) and real e state disclosures to potential owners and renters. VTM#3083
conditions of approval are recommended to be included to address these requirements. Therefore, because the subject project
and proposed uses and densities are compliant with the OASP, and the project will be conditioned per the OASP performance
standards; there is not a significant impact.
g) The OASP project and its proposed circulation and land use plan has been reviewed by the Fire Marshal who has
recommended conditions of approval which will assure compliance with adopted fire/emergency-related codes. The project
as designed will not impair implementation of, or physically interfere with, the adopted emergency response plan or
emergency evacuation plans of the City. Thus there is no impact.
h) The project site is not in an area identified as subject to wildland fire hazards. Thus there is no impact.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements?
1 X
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)?
X
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream o r
river, in a manner which would result in substantial erosion or
siltation on or off site?
8 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?
8, 10,
11
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?
8 X
f) Otherwise substantially degrade water quality? X
g) Place housing within a 100-year flood hazard area as mapped on 9 --X--
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 18
a federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures which
would impede or redirect flood flows?
9 --X--
i) 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?
--X--
j) Inundation by seiche, tsunami, or mudflow? 3 --X--
Evaluation
a), f) The project will not violate any water quality standards or waste discharge requirements. According to the prior OASP
EIR, development associated with the project will require issuance of an NPDES general construction activity storm water
permit by the Central Coast RWQCB. The development is subject to the Post Construction Stormwater Regulations as
promulgated by the Regional Water Quality Control Board. Completion of this project would ensure that construction-related
discharges are limited or adequately accommodated by properly engineered infrastructure design. Thus, the impact is
considered less than significant.
Because ongoing use of the project area for residential uses would also increase the potential for discharge of chemicals, oils
and fuels, and waste into projected waterways; the requirement for the implementation of Best Management Practices (BMPs)
must be established to greatly reduce the potential for unwanted runoff. Therefore, implementation of the BMPs on the
project will reduce the impact to a less than significant level.
b) The project will be served by the City’s sewer and water systems and will not use or deple te groundwater supplies or
interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of t he
local groundwater table level. Thus, there is no impact.
c), d), e) According to the prior OASP EIR, construction of the proposed project as part of the OASP would result in an
increase of impervious surfaces that would cause the timing and amount of surface water runoff to increase. However, the
project is subject to the revised City Storm Drain Master Plan/Waterway Management Plan that discusses the necessary
improvements that would ensure adequate transmission and detention of storm water flow created by any new development
and thus potential impacts resulting from increased development–related run-off was determined by the OASP EIR to be less
than significant, and no mitigation required. To ensure that runoff levels will be equal to or less than existing levels, al l storm
water runoff will be contained in detention facilities and basins within the subdivision and drained at a rate not to exceed the
2-year undeveloped flow rate. The applicant’s engineer has prepared a Stormwater Control Plan for Post Construction
Requirements. The design, location, and maintenance of the detention facilities and basins will be subject to the approval of
the City Engineer. Thus, the impact of the project is less than significant.
g), h), i), j) This development is subject to the OASP, Drainage Design Manual, Floodplain Management Regulations. The
project does not place housing within a 100-year flood hazard area as mapped on a Federal Emergency Management Agency
(FEMA) Flood Hazard Boundary or Flood Insurance Rate Map (FIRM) or other flood hazard delineation map or may impede
or redirect water flows that will cause a flood hazard to surrounding areas. The drainage analysis shows that the proposed
building pads are located above and/or outside the limits of the 100 -year flood event. The subject site is not in a location
where it would be susceptible to inundation by seiche, tsunami, or mudflow. Thus there is no impact.
10. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 1 --X--
b) Conflict with any applicable land use plan, policy, or regulation
of an agency with jurisdiction over the project (including, but
not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
3 --X--
c) Conflict with any applicable habitat conservation plan or natural 1,15 --X--
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 19
community conservation plan?
Evaluation
a) The project will create a variety of new residential units in accordance with the OASP . Housing product types include
traditional detached single-family homes (23), small-lot single- family parkway homes (44), and condominiums with studios
and one-bedroom and two-bedroom units (total of 105). Consistent with OASP land use designations, areas generally north
of the East Fork of Orcutt Creek are developed with multi-family units at densities anticipated in the R-4 zone. Areas south of
the creek are developed with small-lot single-family homes, appropriate for their R-2 designation and with a variety of home
options and styles provided for first-time homebuyers and move-down buyers. Therefore, the project will not physically
divide an established community because it is a logical and orderly extension of the planned land uses per the OASP and is
compatible with established development within the surrounding area. Thus there is no impact.
b) The project is planned and designed to be consistent with the OASP land use designations on the site for Medium Density
Residential and High Density Residential types, and for residential density ranges for the property. The distribution of units
across the site and the lot designs proposed with the subdivision are consistent with the applicable land use designations.
Thus, there is no impact.
c) The project site is not located within a habitat conservation plan or natural community conservation plan. Thus, there is no
impact. (See related discussion above under Part 4. Biological Resources.)
11. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
1, 6 --X--
b) Result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
1 --X--
Evaluation
a-b) The project will not conflict with adopted energy conservation plans nor will it promote the use of non-renewable
resources in a wasteful and inefficient manner. The future development of the site must comply with the policies contained i n
the General Plan Energy Element that states: “New development will be encouraged to minimize the use of conventional
energy for space heating and cooling, water heating, and illumination by means of proper design and orientation, including th e
provision and protection of solar exposure.” The applicant has made a commitment to equipping 30% of the units to
potentially use solar systems. The applicant’s commitment to solar power and the other measures included in the submitted
CAP checklist demonstrate how the project will comply with Ene rgy Element policies. The project will also be subject to
Architectural Review that will ensure consistency with City energy conservation goals, policies, and regulations. Thus, the
project impact is less than significant.
c) There are no known mineral resources on the project site that would be of value to the region and the residents of the State.
There is no impact.
12. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
1, 3 --X--
b) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
1 --X--
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
1 --X--
d) A substantial temporary or periodic increase in ambient noise 1 --X--
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 20
levels in the project vicinity above levels existing without the
project?
e) For a project located within an airport land use plan, or where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
7 --X--
7
--X--
Evaluation
a) According to the OASP EIR, the proposed project is located in an area zoned for residential land uses that are predicted to
be exposed to traffic noise levels that exceed the Noise Element standard of 60 decibels (dB). This is particularly true fo r
lots adjacent to Orcutt Road which functions as a major north-south arterial, connecting Johnson Avenue and Tank Farm
Road and carries large volumes of traffic. Consequently, to reduce the effects of such traffic related noise to sensitive
residential receptors, the OASP established goals, policies and programs to reduce noise e xposure of new sensitive receptors
within the Orcutt Area to meet City Standards. Specifically, the project complies with OASP noise programs as follows:
1) Outdoor activity areas are located internally to the project and are set back from the centerline of O rcutt Road by
more than 80 feet.
2) Residential portions of dwellings are set back more than 60 feet from the centerline of Orcutt Road.
3) New construction will comply with requirements for 45 dB interior sound levels through standard construction
techniques, consistent with Building Code requirements.
b) The project will not expose people to the generation of excessive ground -borne noise levels or vibrations. Thus, there is no
impact.
c) Site development will result in increases in ambient noise levels, but not to significant levels, since by operation of
mitigation requirements set forth in a) above, noise increases that would affect ambient levels are to be reduced to threshol ds
determined to be acceptable in residential areas. Therefore, impacts to permanent ambient noise levels are less than
significant.
d) Project construction or other temporary or periodic noise generation may result in temporary increases (spikes) in ambient
noise levels. Since there is no way to predict the origin or duration of these types of noise sources for this development, it can
only be regulated if found to be a nuisance by the City’s Noise Ordinance. The project by reference acknowledges that it wil l
comply with Mitigation Measure N-1 (a) which references the City’s Noise Ordinance in terms of construction hours and
techniques to reduce noise levels. Thus, the impact is less than significant.
e) The project is located in the vicinity of the San Luis Obispo County Regional Airport, and is subject to the County Airpor t
Land Use Plan. According to the prior OASP EIR, the project is not within the 60 or 65 dBA -CNEL contour line. The OASP
EIR and Plan finds the impact is adverse, but less than significant.
OASP FEIR Mitigation Measures:
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:
1. Equipment Shielding. Stationary construction equipment that generates noise can be shielded with a barrier.
2. Diesel Equipment. All diesel equipment can be operated with closed engine doors and equipped with factory-
recommended mufflers.
3. Electrical Power. Whenever feasible, electrical power can be used to run air compressors and similar power tools.
4. Sound Blankets. The use of sound blankets on noise generating equipment.
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 21
13. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either direc tly
(for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
1 --X--
b) Displace substantial numbers of existing housing, necessitating
the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
1 --X--
1 --X--
Evaluation:
a) The added population growth caused by this project is within the General Plan’s projection and will n ot result in population
exceeding local and regional growth projections. Therefore, the impact of inducing substantial population growth to the
planning area would be less than significant.
b) c) The project site currently contains a house Under conditions of approval recommended for VTM#3083, tenants will be
provided 90-day notice, in lieu of required 30-day notice, to assist in relocation. City of San Luis Obispo has sufficient rental
housing stock available for relocation. Thus, there is no impact.
14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
a) Fire protection? 1 --X--
b) Police protection? 1 --X--
c) Schools? 1, 12 --X--
d) Parks? 1 --X--
e) Other public facilities? 1 --X--
Evaluation
a), b), d), e) The OASP EIR determined that implementation and build out of the OASP will not result in any significant
impacts related to any of the above-listed services due to the ability to offset service needs through the City’s Development
Impact Fee program established via the City General Plan and augmented by the Public Facilities Financing development fee
program in the OASP; therefore, the EIR conclusion was that no further mitigation was necessary. Since the project has been
designed consistent with the OASP, development will not result in any adverse impacts to these services. The project will not
result in substantial adverse physical impacts associated with the provision of, or need for, new or physically altered
government facilities, the construction of which might have the potential to cause significant environmental impacts. In
accordance with the OASP, the project is subject to City and OASP established Development Impact Fees that are charged in
conjunction with approval of development projects to offset costs associated with increases in demand of public services.
Thus, the impact is less than significant.
c) The State has the authority to collect fees at the time of building permits to offset the costs to finance scho ol site acquisition
and school construction, and said fees, when collected by local school districts, are deemed by State law to provide adequate
mitigation for school facility requirements. Section 65955 of the Government Code prohibits the City from den ying a
subdivision or collecting any fees beyond those required by the school district to mitigate effects associated with inadequat e
school facilities. Any increases in demand on school facilities caused by the project are considered to be mitigated by t he
district’s collection of adopted fees at the time of building permit issuance for each residence and commercial building.
Note: The OASP provides for the possibility of a school site being located in the Planning Area, but to date San Luis Coasta l
USD has not indicated the need for, or a desire to locate, a school in the Orcutt Planning Area . It is incumbent on San Luis
Coastal USD to identify the need for a new site, and to initiate discussions with property owners, and failing that avenue,
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 22
instead opting to collect school impact fees for the District. As noted above, authority to collect fees at the time of building is
deemed by State law to provide adequate mitigation for school facility requirements. Thus, there is no impact.
15. RECREATION.
a) Would the project 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?
1 --X--
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might
have an adverse physical effect on the environment?
1 --X--
Evaluation:
a) & b) The build-out of the project will add to the demand for parks and other recreational facilities. The OASP has
anticipated this demand by designating certain sites within the Plan area for a “Neighborhood Park” for active recreational u se
and other areas for “Open Space” for more passive recreation/aesthetic amenities (e.g. walking or b icycling paths and trails)
intended more for use by adjacent or nearby residents.
Figure 2.4 in the OASP shows the overall Open Space and Parks Plan. This plan designates the option for local parkland
dedication on the project site for consideration in meeting the park needs of the project. OASP Policy 2.3.4 states: “Provide
property owners within the Orcutt Area that want to provide parkland on their properties an opportunity to do so through the
subdivision review process.”
Consistent with the aforementioned plan and policy, the applicant is proposing to include 2.20 acres of improved park space
and 2.80 acres of community open space (total 5.00 acres). The subdivision additionally proposes internal pedestrian paths
and a bicycle care center in the community building of the multi-family development that will support and service bicycles.
These features were incorporated to provide subdivision residents pedestrian oriented access to parkland and paths in this area
during build-out of the overall specific plan. The OASP EIR determined that while build-out of the OASP will generate
increased demand for recreational facilities, the impact is less than significant with the development of additional parks an d
open space per the OASP. Thus, the construction of the project will have a less than significant impact on parks or other
planned OASP recreational facilities.
16. TRANSPORTATION/TRAFFIC. Would the project:
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?
1 --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?
13
--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?
7 --X--
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
1,13 --X--
e) Result in inadequate emergency access? 1,13 --X--
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 23
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?
1,13 --X--
Evaluation
a), b) The subject project, as well as all other development that occurs in the future pu rsuant to the OASP and the City
General Plan, will increase traffic in the area. The Circulation Plan of the OASP (as well as the Circulation Element of the
City General Plan) identifies the essential primary road system that will be needed to accommodate development within the
plan area and surrounding growth areas of the City. The OASP EIR determined that the roadway plans of these planning
documents are for the most part self-mitigating in that 1.) Roadway alignments, road extensions, and new intersections are
designed and will be built in response to traffic projected at build -out and, 2.) Development projects in the OASP areas will
also contribute their fair share either through adopted Traffic Impact Fees, OASP development impact fees, assessments or
dedications to specified roadway improvements, and a combination of one or more of these measures.
Based on the traffic study prepared for the Program EIR, development of the Orcutt Area is expected to add 628 Average
Daily Trips (ADT) to Orcutt Road between Johnson Avenue and Tank Farm Road at build-out. At the direction of the City,
the specific impacts of the project with its proposed internal circulation system were evaluated in a traffic study prepared by
Omni Means dated August 2015 (Source Reference 13).
The traffic study found that the project is estimated to ultimately generate approximately 1,486 Daily Trips (727 trips – sf
homes & 760 trips – condos), 112 AM Peak Trips and 149 PM Trips that will utilize the adjacent (and future) roadways.
Depending on when the project is constructed in relationship to those on other properties in the OASP, traffic patterns from
the project will be somewhat different initially than long term since the internal street system of collector roads will not be
connected until other projects occur. However, the traffic study utilized the trip distribution published in the OASP FEIR to
analyze project trip distribution, finding that ultimate distribution changes would not be significant. The four intersection
studied in the project traffic study were all found to operate at acceptable LOS for both peak hours under existing plus project
and existing plus OASP conditions.
Three main facets of the internal circulation network were further evaluated in the traffic study; th ey are:
1) Orcutt Road Entry – location & design;
The original location for the entry was shown further to the east. To provide for a more efficient site plan and to plan
for better riparian area protection, the roadway was moved further to the west. The new alignment has the previously
mentioned benefits, but raised some concerns with visibility and efficiency of turning movements. The traffic study
concludes that the proposed location is acceptable with the street intersection at Orcutt Road and A Street be ing an
FHWA urban compact roundabout.
2) A Street – the curved alignment and need for traffic calming; and
The traffic study concludes that the current alignment of "A" Street is designed with a centerline curvature that
corresponds to a design speed of 27 mph or less and that additional traffic calming features within the development
are therefore not necessary.
3) Southeastern intersection – location and alignment with property to the south.
The proposed intersection of "A-2" Street / "A-3" Street / Monte Azure Road is a closely spaced offset tee
intersection configuration which increase the number of conflict points at the intersection. Redesigning the
intersection to a “Knuckle” roadway curve with a driveway approach to access to the east is an acceptable design.
In summary, the proposed project would add vehicular trips to streets that serve as entry/exit routes to the project site. T hese
streets with the given improvements specified in the City’s adopted planning documents and with the addition of new
Transportation Demand Management (TDM) requirements for the project will serve to accommodate the added vehicular
traffic. Thus, the impact from this project with incorporation of the recommendations of the traffic study is less than
significant.
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 24
c), d) The Orcutt Area Specific Plan will require that the project provides roadways that are designed and developed in
accordance with adopted City standards thereby assuring predetermined standards necessary to limit safety hazards and
provide adequate emergency access. Thus, there is no impact as result of the project.
e) The project is subject to the City’s parking requirements as it is outlined in the OASP for each land use. The project bu ild-
out is required to fulfill all necessary parking requirements. Thus, there is no impact.
f) The project provides improvements to implement the City adopted policies to encourage alternative means of
transportation. The project includes pedestrian paths, bicycle paths and staging area and a mass transit bus st op with covered
seating. These path system, bicycle staging area and bus stop meet or exceed the requirements called for in the OASP. Thus,
there is no impact.
g) The OASP has already been found to not conflict with the San Luis Obispo County Airport Land U se Plan (ALUP).
Therefore, as the subject project complies with the pertinent requirements of the OASP regarding allowed land uses and
development densities and standards, the project is not in conflict with the ALUP. Thus, there is no impact from this p roject.
Project-Specific Mitigation Measures:
T-VTM3083-1 Orcutt Road & Street A: Provide roundabout control.
T-VTM3083-2 South Eastern Intersection: Provide “Knuckle” curve with driveway approach for access to the east.
17. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
1 --X--
b) Require or result in the construction or expansion of new water
or wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
1 --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?
1 --X--
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new and
expanded entitlements needed?
1 --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?
1 --X--
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
1 --X--
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
1 --X--
Evaluation
a-c, e) The OASP FEIR determined that implementation and build -out of the OASP will not result in any significant impacts
related to delivery of domestic water, wastewater collection or treatment, or storm water drainage/retention and concluded
that such impacts related to build-out of the OASP were less than significant and no mitigation was d eemed necessary. Build-
out under the OASP will be similar to that anticipated and projected in the City General Plan. The project proposes to provid e
all water (both potable and recycled), sewer, and storm drain facilities necessary to adequately serve the subject projects,
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 25
including distribution, collection and other infrastructure capacity as required by the OASP facility master plan and the Cit y’s
Storm Drain Master Plan/Waterway Management Plan. There is no new evidence that the subject projects, as del ineated by
the OASP, will exceed RWQCB wastewater treatment requirements, with the potential exceptions described below.
Related to delivery of domestic water to the project, new information developed after the FEIR was certified and after the
Orcutt Area Specific Plan was adopted (in 2010) is now available from the City’s 2015 Water Master Plan and hydraulic
model related to the provision of water service to the Orcutt Specific Plan Area. To serve the area with adequate fire flow
(1,500 gpm for residential areas), and average daily storage requirements, a 12 -inch water main needs to be extended from the
Terrace Hill pressure zone at the intersection of Johnson and Tanglewood Drive in a south/southeast direction to the
intersection of Orcutt Road and B Street. A 12-inch water main will also need to be extended west to Orcutt and A Street.
Under City fire and safety standards, these improvements will be required prior to occupancy of any new residential uses.
Adequate fire flow and storage, based on the extension into the project, is available for the development of the Orcutt Specific
Plan area. Mitigation Measure USS-1 is included to address these off-site improvements in conjunction with the project.
The project proposes an alternate connection to the wastewater collection system which is allowable within the OASP subject
to specific criteria. The Utilities Plan on Sheet C-13 on the VTM shows that the sewer will be extended from the mobile home
park to the southwest of the project through an easement and connect to the existing collection system in Willow Lane.
Downstream of the proposed tie in location, the existing sewer line crossing the railroad tracks from Bullock Lane to
Capitolio is over 45 years old, is not encased, and the cast iron pipe is in poo r condition. Mitigation Measure USS-2 is
included to address these off-site improvements in conjunction with the project. The developer will be required to construct
all sewer facilities according to City standards.
In addition to the on-site utility service infrastructure required with the developments, the project is subject to City and OASP
established Development Impact Fees that are charged in conjunction with approval of development projects to offset costs
associated with water supply, water treatment, and wastewater treatment. Thus, regarding water and wastewater treatment,
there is no impact. To fully resolve fire flow and storage limitations, proposed mitigation measure USS -1 will result in less
than significant impacts. To fully resolve condition issues in the collection system, proposed mitigation measure USS-2 will
result in less than significant impacts.
d) The City has four primary water supply sources including Whale Rock Reservoir, Salinas Reservoir, Nacimiento Reservoir,
and recycled water (for irrigation), with groundwater serving as a fifth supplemental source .
Buildout population demands (2014; Utilities Department) are estimated at 7,128 afy, or 71% of total available annual
supplies. The City’s investment in multi-source water supplies has afforded responsible use options even following some of
the driest years on record.
Provisions in the City General Plan, specifically the Water and Wastewater Management Element and the OASP, insure that
increased water use by new development will not cause inadequate water service to existing and future customers. Service of
recycled water to the Orcutt Area will be extended from Tank Farm Road to Orcutt Road along “A” Street. Mitigation
Measure USS-3 is included to address these off-site improvements in conjunction with the project. This project is also subject
to water impact fees which were adopted to ensure that new development pays its share of constructing additional
infrastructure needed to support additional facilities. Thus, compliance with the City and State standards and requirements
will assure that impacts related to water supplies are less than significant.
f) Solid waste collection within the City will be provided by a private operator under a City franchise and disposal is e xpected
to continue at Cold Canyon Landfill until 2018. The project must be consistent with the City’s Source Reduction and
Recycling Element which requires that recycling facilities be accommodated on the project site and a solid waste reduction
plan for recycling discarded construction materials must be submitted with the building permit application. The project is
also required by the ordinance to include facilities for recycling to reduce the waste stream generated by the project. Thus,
there is no impact.
g) The project will fully comply with existing federal, state, and local statutes and regulations related to solid waste. Th us,
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 26
there is no impact.
Project-Specific Mitigation Measures:
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 Cit y 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-VTM3083-2 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 from Bullock Lane to
Capitolio (approximately 268 feet). Implementation of such a sewer line replacement 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 line replacement shall be completed and operational to the satisfaction of the
Utilities Director, prior to occupancy of any of the residential uses.
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 main line extension to the subdivision shall be completed and operational to the satisfaction of
the Utilities Director for landscape irrigation.
18. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, 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?
1 --X--
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)?
1 --X--
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, directly or
indirectly?
1 --X--
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 27
19. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion
should identify the following items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
In 2010 the City of San Luis Obispo certified an Environmental Impact Report (EIR) for the Orcutt Area Specific Plan
(OASP). The subject proposed VTM #3083 property lies within the boundaries of the OASP. Therefore, this prior OASP
EIR evaluation considered impacts and mitigation related generally to potential development of the subject site and others
pursuant to the OASP. The prior OASP EIR, certified by the City Council along with the adoption of the OASP on March 2,
2010, by Resolution No. 10154 (2010 Series), contained a variety of mitigation measures to be incorporated as discrete
components of the OASP or as policies or development standards to be implemented through site-specific development
proposals. Appendix C of the OASP lists the required mitigation measures for projects.
The California Environmental Quality Act (CEQA) allows Lead Agencies (the City) to use the analysis of general matters
contained in a broader EIR, such as for a general or specific plan, with later environmental documents incorporating by
reference the general discussions from the broader EIR, and concentrating the initial study discussion solely on the issues
specific to the later project. The environmental assessment approach is referred to as “tiering”.
The environmental analyses above for VTM #3083 takes into account the environmental conclusions of the prior EIR as they
are applicable to the proposed site-specific project. As such, mitigation measures adopted in the prior EIR that are applicable
to the subject site-specific project, and therefore must be incorporated into the proposed project to effectively mitigate the
prior identified impacts, are listed below. Many of the applicable mitigation measures required by provisions of the OASP
have been incorporated by the applicant into the actual project subdivision design, making the project “self -mitigating” in
these instances.
The Orcutt Area Specific Plan and Final Program EIR is available for review at the City of San Luis Obispo Community
Development Department, 919 Palm Street, San Luis Obispo, CA 93401 and is also on the City’s website.
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.
Project-Specific Mitigation Measures:
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.
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.
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 28
AQ-VTM3083-2 Monitoring Program: Community Development Department staff will
insure ARC and staff level approvals include the installation of solar conduits in the
buildings 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 Engineer-Geologist,
and submitted to the City Engineer for approval before work in such area(s) may recommence.
AQ-VTM3083-1 Monitoring Program: Final tract improvement plans shall include a
protocol for ceasing work and conducting required testing in the event serpentinite rock
units are encountered during site grading and/or utility construction. Any mitigation plan
shall be subject to City Engineer approval.
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall 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 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 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
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 29
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.
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.
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.
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 from Bullock Lane to Capitolio (approximately 268 feet).
Implementation of such a sewerline replacement shall be included as a part of public improvement
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 30
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 line replacement
shall be completed and 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 main 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 on improvement plans and construction drawings.
OASP FEIR REQUIRED MITIGATION AND MONITORING PROGRAMS
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 Energy Star rating; build in energy efficient appliances; use low
energy street lighting and traffic signals; use energy efficient interior lighting; use solar water
heaters; and use double-paned windows.
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 shall 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
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 31
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.
Monitoring Program:
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.
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 implemented. Upon confirmation by the Community
Development Department and APCD, appropriate CBACT features shall be applied. The
application of these features shall occur prior to Specific Plan construction.
Specific Plan applicants shall be required to ensure that all construction equipment and
portable engines are properly maintained and tuned according to manufacturer's
specifications.
Specific Plan applicants shall be required to ensure that off-road and portable diesel
powered equipment, including but not limited to bulldozers, graders, cranes, loaders,
scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled
exclusively with CARB motor vehicle diesel fuel (non-taxed off-road diesel is acceptable).
Specific Plan applicants shall be required to install 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
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 32
vegetation is established.
All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD.
All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface
at the construction site.
All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall maintain
at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with CVC Section 23114.
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site.
Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible.
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.
Monitoring Program:
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 RESOURCES 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 active 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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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 33
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 accord.
Trees (OASP)
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.
Riparian Woodland and Wetland Habitat (OASP)
B-4(a) Trail Setbacks. Trails shall be setback out of riparian habitat and out of the buffer area.
The trail shall be a minimum distance of 20 feet from top of bank or from the edge of
riparian canopy, whichever is farther. Trails shall be setback from wetland habitat at a
minimum distance of 30 feet and shall not be within the buffer. Native plant species that
will deter human disturbance shall be planted in the area between the trail and the
wetland/riparian habitat including plants such as California rose (Rosa californica) and
California blackberry (Rubus ursinus). No passive recreational use shall be allowed in
the riparian or wetland habitats or drainage corridors.
B-4(b) Development Setbacks. Development that abuts riparian and wetland mitigation areas
shall also be setback at least 20 feet, and be buffered by an appropriately-sized fence
and/or plants that deter human entry listed in B-4(a).
B-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
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 34
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.
Impacts to Wildlife (OASP)
B-5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals are
located onsite, substantial setbacks from their identified habitat shall be implemented to
avoid take of a Federally-listed species. If complete avoidance is not economically or
technically feasible, then Section 10 of the Federal Endangered Species Act (FESA)
shall be used to authorize incidental take when no other Federal agency such as the
Corps is involved. This process includes development of a Habitat Conservation Plan
for protecting and enhancing the Federally-listed species at a specific location in
perpetuity. Species take can also be authorized under Section 7 of the FESA if a
Federal agency is involved in the project (e.g., Corps Section 404 permitting for
impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead agency
requesting Section 7 consultation. 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.
B-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland
habitats shall be reduced to the minimum width possible, while maintaining Fire
Department Requirements for emergency access, with slower speed limits introduced.
Posted speed limits should be 25 mph.
B-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method of
last resort per the City Waterways Management Plan, where they are required, culverts
connecting the Plan Area drainage corridors with upstream and downstream drainage
corridors shall be evaluated during the suitability analysis pursuant to Mitigation
Measure B-5(e) 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.
B-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners Association
(HOA) members about the impacts associated with non- native animals, especially cats
and dogs, to the project site; similarly, the brochure must inform potential homebuyers
and all HOA members of the potential for coyotes to prey on domestic animals.
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Issues, Discussion and Supporting Information Sources
ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 35
B-6(d) Landscaping Plan Review. To ensure that project landscaping does not introduce
invasive non-native plant and tree species to the region of the site, the final landscaping
plan shall be reviewed and approved by a qualified biologist. The California Invasive
Plant Council (Cal-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 (Cytisus scoparius) and striated broom (C. striatus)
• Spanish broom (Spartium junceum)
• Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora), (T.
ramosissima)
• Blue gum (Eucalyptus globulus)
• Athel tamarisk (Tamarix aphylla)
Monitoring Program:
Compliance with mitigation measures will be reviewed with landscaping plan s 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 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
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ER # 224-14 (VTM 3083; West Creek)
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 36
origin and disposition pursuant to Public Resources Code Section 5097.98.
CR-4(a) Historical Evaluation. Prior to development, a qualified historian should be retained to
conduct a historical evaluation of the 50+ year old structures within the Orcutt Area
using the City’s Historic Preservation Program Guidelines. Any structure determined to
be an important/ significant historic resource shall be mitigated as appropriate prior to
its demolition or relocation.
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 by-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.
Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for project grading and
construction.
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38
20. SOURCE REFERENCES.
1. Orcutt Area Specific Plan (March 2010), and Final EIR (December 2009)
2. City of SLO Zoning Regulations (August 2012)
3. City of SLO Unified General Plan
4. 2010 California Building Code including City’s 2010 Construction Code Amendments
5. Soils Engineering Report prepared by Earth Systems Pacific dated 8-14-14.
6. City of SLO Climate Action Plan (August 2012)
7. Airport Land Use Plan amended May 2005
8. City Storm Drain Master Plan/Waterway Management Plan
9. Federal Emergency Management Agency (FEMA) Flood Hazard Boundary or Flood Insurance Rate Map (FIRM)
10. Drainage Report prepared by Cannon Associates dated 7-13-15
11. Stormwater Control Plan for Post Construction Requirements
12. Section 65955 of the Government Code (State school fees)
13. West Creek Development Traffic Design & Conceptual Design Evaluation prepared by Omni-Means dated August
2015.
14. CAP compliance checklist for project
15. Biological Resources Assessment (BRA) by SWCA Environmental Consultants dated June 25, 2015 .
16. Preliminary Photo evaluation of on-site residence (P. Dunsmore email 9-15-2015).
17. San Luis Obispo Water Master Plan (2015)
18. 3-14-2016 Transportation Demand Management Program
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West Creek VTM 3083
Planning Commission Errata – April 13, 2016
Page 2
Errata 7 Bottom of Page PC1-13 Substitute 1st paragraph of 5.4 Pedestrian and Bike Paths as follows:
Class II bike lanes along A Street and the Orcutt Road frontage of the project are provided as
called for at this site per Figure 5.1 of the OASP Circulation Plan.”
Errata 9 Middle of Page PC1-15 Substitute the following bullets under 5.6 Drainage as follows:
The drainage system includes the following key features:
Bio-retention areas are proposed throughout the site, including the creek bank, for
localized storm water treatment.
Two detention basins are proposed for storm water collection on the southwest side of A
Street.
Parkway areas are utilized for storm water treatment.”
Errata 10 Bottom of Page PC1-17 Under 6.0 Conclusion, substitute #5 as follows:
5. Community amenities including parks, trails and a bus turnout/stop.”
Planning Commission Resolution
Errata 11 Resolution Title (Page 1) – Correct number of lots from 181 to 77. Correct second reference to
Tract to read Tract # 3083.
Errata 12 Aesthetic Mitigation AES-3 (Page 2) – Eliminate mitigation measure and monitoring program
as not applicable to West Creek project.
Errata 13 Revise Section 2 (Page 14) in its entirety as follows:
Section 2. Vesting Tract Map Approval with Findings & Conditions. The Planning
Commission does hereby recommend approval to the 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 67 single
family residential lots, 1 multi-family condominium lot for 105 residential units, and eight 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 :”
Errata 14 Condition 40 (Page 21) – Change last sentence to reference R-4 & R-2 neighborhoods.
Errata 15 Condition 42 (Page 22) – Delete last sentence.
Errata 16 Condition 45 (Page 22) - Change first sentence to reference R-4 & R-2 neighborhoods.
Errata 17 Condition 77 (Page 26) – Change “irridate” to “eradicate”.
Errata 18 Condition 84 (Page 27) – Last sentence – is meant to include reference to “… run-off …”
Errata 19 Condition 87 (Page 27) – Delete 2nd sentence referring to Islay Hill basin.
Errata 20 Add signature block to PC Resolution (Page 33)
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PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a Vesting Tentative Map (Tract 3083; “West Creek”) to create 79 lots, and
consideration of a CEQA Initial Study-Mitigated Negative Declaration environmental
determination.
PROJECT ADDRESS: 1299 Orcutt Road BY: Dave Watson, Contract Planner
Phone Number: 704-8728
E-mail: dave@watsonplanning.us
FILE NUMBER: TR/ER 224-14 FROM: Doug Davidson, Deputy Director DD
RECOMMENDATION: Conduct a public hearing and adopt the Draft Resolution (Attachment
1), which recommends approval of the project to the City Council, based on findings and subject to
environmental Mitigation Measures (MM) and Conditions of Approval (COAs).
SITE DATA
Applicant Robbins|Reed
Representative Randy Russom, RRM Design Group
Zoning R-2-SP (Medium Density
Residential, Specific Plan) &
R-4-SP (High Density Residential,
Specific Plan)
General Plan Medium-Density Residential
High-Density Residential
Site Area 18.3 acres
Environmental
Status
An initial study of environmental
impact has been prepared with a
recommendation for a Mitigated
Negative Declaration.
SUMMARY
The applicant is proposing to develop an 18.3-acre site in the Orcutt Area Specific Plan (OASP)
with a residential development that provides for a variety of housing types and neighborhood
amenities. A total of 172 individual residential units are proposed including 67 single-family
homes, and 105 condominiums. The submitted Vesting Tentative Map (VTM) #3083 includes a
total of 79 lots consisting of:
1) 67 individual lots for all of the single -family product types (Lots 1-67),
2) 1 lot for the 105 multiple family units (Lot 74),
3) 2 lots for the creek corridor (Lots 77 & 78)
Meeting Date: April 13, 2016
Item Number: _____
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ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 2
4) 8 lots for parks and open spaces (Lots 68-72, 73, 75 & 76), and
5) 1 lot for the future extension of A Street (Lot 79).
This is the 4th development proposal to move forward through the City review process since the
Orcutt Area was annexed to the City on November 16, 2011 (Taylor-Wingate 2013; Righetti Ranch
2015, Jones Ranch 2015). Attachment 2 is a Vicinity Map of the OASP neighborhood that
highlights the active projects in the area. The applicant’s “Project Description” is included as
Attachment 3 for additional reference.
The project has gone to the Architectural Review Commission (ARC) for conceptual review at two
different meetings: December 1, 2014, and October 19, 2015. The initial ARC discussion focused
on grading, pedestrian linkages, parking, and architectural styles. The ARC asked to see the project
again before Planning Commission review of the VTM. At the October 19th meeting on the project
the ARC reviewed variations in site grading, review of additional re sidential design options,
discussed parking reductions and parklands configuration. The follow-up October 19th staff report
and minutes from the ARC meeting are attached (Attachment 4 ). After review of the VTM by the
Planning Commission and approval by the City Council, the project will return to the ARC for final
design approval.
The project has also been reviewed by the Parks & Recreation Commission (PRC) twice; on March
4, 2015 and November 4, 2015. The first meeting was an introduction to the project and parks plan.
The second meeting focused on the changes made to respond to initial meeting comments and to
evaluate a request for a partial fee adjustment on the provision of public parklands within the
OASP. Copies of these meeting minutes and the November 4th Staff Report are included for
reference (Attachment 5).
Both ARC and PRC comments and recommendations are included with the staff analysis, below.
1.0 COMMISSION’S PURVIEW
The applicant is requesting approval of VTM#3083 to create 79 lots which will enable the
individual sale of the single-family detached homes and condominium units. Approval of a vesting
tentative map confers a "vested right" to develop in substantial compliance with the ordinances,
policies and standards in effect when the application was determined complete per Chapter 16.34
(Vesting Tentative Map) of the City’s Municipal Code and Sections 65920, 66474.2 and 66498.1 of
the California Government Code.
The Commission, with their review of the VTM, will be examining the lot pattern, street-bicycle-
pedestrian networks, on- and off-site infrastructure, and density of the proposed project. The
Commission will also be reviewing the Initial S tudy of environmental impact , and the
corresponding analysis which recommends adoption of a Mitigated Negative Declaration and
documents the project’s consistency with the OASP and the 2010 Final OASP EIR prepared to
analyze the development under the Specific Plan.
The Planning Commission is being asked to provide a recommendation to the City Council, which
takes final action on tentative tract maps.
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ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 3
2.0 SPECIFIC PLAN BACKGROUND
On March 2, 2010 the City Council certified the Final EIR for and approved the O rcutt Area
Specific Plan. This action by the City Council included approval of both text and map amendments
to the City’s General Plan, and rezoning the subject site to R -2-SP and R-3-SP (Medium-Density &
High-Density Residential with the Specific Plan Overlay). On November 16, 2011 the OASP area
was annexed into the City of San Luis Obispo.
The overall goals of the Specific Plan are to:
Develop a new residential neighborhood to meet the City’s housing needs.
Provide a variety of housing types and costs to meet the needs of renters and buyers with a
variety of income-levels, including affordable housing for residents with low and very-low
income levels.
Protect and enhance Righetti Hill, creek/wetland habitats, and visua l resources in open space
areas.
Provide a variety of park and recreational facilities for residents of the Orcutt Area.
Phase the proposed development so that public facilities are developed concurrently with
each new phase in a rational and cost effective fashion.
Encourage the use of bicycles and walking wit hin the Plan Area by incorporating
bicycle/pedestrian paths and lanes along the roads and through the parks and open space
areas.
Protect the new residents from railroad noise by including a buffer between the railroad and
the new residential areas. The buffer area will include a regional detention system consisting
of floodable terraces and will provide recreational opportunities with a landscaped
bicycle/pedestrian path system; and to i dentify a visual and noise setback for new residents
on Orcutt Road and Tank Farm Road by incorporating a landscape buffer with a pedestrian
path along these road frontages.
Provide goals and identify mitigation and related Environmental Impact Studies.
Some of the tenets of the OASP are to: integrate with existing surround ing development in terms of
use and scale, provide open space and parklands, protect sensitive natural resources, create a
pedestrian- and bicycle-friendly environment, and provide a new source of diversified housing
within the City of San Luis Obispo. The OASP sets the land use and development parameters for
future development and the tract maps set the infrastructure, circulation and lot patterns.
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
The project site consists of about 18.3 acres, spanning two OASP designated parcels, the Mid-State
and Maddalena parcels. The combination of the two parcels into a single project allows for a more
complete design solution and efficient development pattern. There are several unique constraints
that must be addressed with development of the site, including 52 feet in grade change, two forks of
Orcutt Creek which pass through the site, a PG&E easement along the entire southern property line,
and OASP requirements to provide vehicle access to future neighboring developments to both the
east and south.
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ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
Page 4
Immediately to the east of the site are two R -2-SP zoned sites within the OASP that are currently
used for suburban residential and intermittent grazing purposes. To the southeast of the site is the
Taylor-Wingate development, which is also within the OASP and zoned R -2-SP and R-3-SP.
Properties to the north are zoned R-3 and R-1 and are developed with an assisted living facility and
single family homes. Properties immediately to the west are zoned R -2 and are developed with
mobile homes.
3.2 Project Description
The West Creek site will serve as the northern gateway to the rest of the OASP to the south, and has
been designed to incorporate attractive open spaces while accommodating the density antici pated by
the OASP. These open spaces will connect the OASP neighborhoods to the existing communities
and provide both passive and active recreational opportunities for those in the area through planned
enhancements and appropriate setbacks. Trails meanderi ng through these open spaces provide for
non-motorized, inter-neighborhood circulation, while promoting the active, outdoor recreational
opportunities encouraged by the OASP. (Reference Attachment 3 for applicant’s Project
Description).
The project proposes a total of 172 residential units (152.12 density units) on about 11 of the 18.29
acres. The units include a range of multi -generational housing sizes and styles within three general
housing product types, including:
1) Traditional detached single-family homes (23 - R-2);
2) Small-lot, single-family parkway homes (44 - R-2): and
3) Condominiums mix of studios & one-bedroom and two-bedroom units (total of 105 – R-4).
Figure 1 – Overall Project Site Plan
Condominium Units
(105)
Traditional SFRs
(23)
Parkway Homes
(44)
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The OASP anticipated a density of between 143-157 units on these sites, and when increased for
affordable housing units, is in substantial conformance to the anticipated density range at 172
proposed units. Also consistent with the OASP land use designations, areas generally north of the
East Fork of Orcutt Creek are developed with multi -family units at densities anticipated in the R -4
zone. Areas south of the creek are developed with small -lot single-family homes, appropriate for
their R-2 designation and with a variety of home options and styles provided for first -time
homebuyers and move-down buyers.
Within the single-family traditional product, the lot sizes range from 4,500 square feet to 7,239
square feet. The single-family traditional lots would serve multi-generational living through flexible
floor plan layouts, including optional attached secondary dwelling units.
With the parkway homes, the lot sizes range from 3,150 square feet to 4,736 square feet. To
facilitate neighborhood interaction and provide for communal play areas for children, grand
parkways have been incorporated in between portions of the single -family parkway lots with front
porches fronting onto and engaging with these spaces.
In addition to outdoor amenities within the single family portion of the site, a number of amenities
are associated directly with the multi -family condominiums, providing these occupants the
opportunity to engage with neighbors and enjoy the indoo r/outdoor lifestyle encouraged under the
OASP. A 1,950 square-foot clubhouse is proposed between Buildings C & F on the north side of the
riparian corridor for the condominiums. The clubhouse will provide usable indoor space for
different activities and events, as well as a bike service facility. Other amenities include tables and
BBQ facilities with views of the creek corridor.
In addition to the residential units, the project includes significant park and open space areas,
pedestrian and bicycle paths, and traffic calming features to promote the pedestrian friendly
environment envisioned by the OASP. Park and open spaces areas include the western extent of the
site and Orcutt Creek as it crosses the site from east to west which achieves multi -purpose/multi use
functions. These areas will provide for biological enhancement and drainage mitigation, play/turf
area, open space, seating areas, and opportunities for a community garden, thereby providing both
active and passive recreation amenities for the future residents of the subdivision a nd the overall
community as a whole. These areas would also be directly accessible to the existing mobile home
park residents to the west and homes to the north, which are currently considered underserved by
parks. In addition to the community park and ope n space areas, ample parkways are provided in the
southern portion of the project as neighborhood commons among the units.
4.0 PROJECT ANALYSIS (Environmental & Land Use)
4.1 Environmental Review
The OASP Final EIR contained numerous mitigation measures which are required to be brought
forward and incorporated into the tiered environmental assessment prepared f or site-specific
projects. An Initial Study of environmental impact was prepared for the proposed project to
document its consistency with the OASP and to identify the require d mitigation measures from the
EIR that applied to this development site , as well as any new site specific mitigation measures
deemed appropriate.
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On March 29, 2016, the Community Development Director reviewed the IS and determined that
with proposed mitigation measures that the project would not have a significant impact on the
environment and that a Mitigated Negative Declaration (MND) be prepared (Attachment 6). The
MND was sent to the State Clearinghouse; the required public review period began on April 1, 2016
and extends through May 1, 2016. At the time of distribution of this Report, the City has not
received any comments from other agencies or interested individuals during the public review
period thus far. Any comments received will be summarized for upcoming hearings.
Recommended Mitigation Measures include several that were/continue to be applicable from the
OASP EIR, as well as several project-specific MMs as suggested in Attachment 6. In brief, added
project-specific MMs include two additional mitigation measures recommended in the 2015 West
Creek Biological Resources Assessment related to the potential need for nesting bird surveys if
construction commences between February 15 to September 15 and roosting bat surveys with the
demolition of existing buildings. Other project-specific MMs included in Attachment 6, and
highlighted here, include:
lighting and glare mitigation,
construction of solar conduits in all residential units (in order to afford future owners the
option of installing improvements),
photo documentation of the residence on site to be demolished as part of the project,
roundabout control at the Orcutt Road and “A” Street intersectio n with “Knuckle” curve
driveway for the south eastern intersection approach, and
off-site water, wastewater and recycled water infrastructure necessary to serve the proposed
project.
4.2 Density
Figure 13 of the OASP shows that most of the western part of the site has been designated as R -4,
High-Density Residential, and that the eastern portion of the site is designated as R -2, Medium -
Density Residential. OASP Section 9.3 notes that the boundaries between designated land uses may
need to be adjusted through the subdivision map review to reflect the lot pattern in the development.
In the case of the subject project, the boundary between R-2 and R-4 housing products is shown on
the VTM and has been adjusted to use the creek corridor with its Open Space zoning as the border
between the two land uses. This resulted when combining the two properties into a single project,
allowing for the adjustment to contain the sa me proportional amounts of each land use category.
OASP Policy 3.2.7 states that “Medium-density residential should provide a similar sense of
neighborhood cohesion as the low-density, but in a more compact arrangement.” Consistent with
this guidance, the proposed parkway and traditional single -family homes create a cohesive
neighborhood with pedestrian linkages, shared open spaces, and smaller lot sizes.
The 11-acre residential project sites include about 7.87 gross acres of R-2 and 3.07 gross acres of R-
3 zoning. Deducting for streets, and in the case of the R -3 parcel, the park, the net acreage of R -2 is
5.4 and R-3 is 2.05. While the gross acreage of R-3 is larger than that depicted in Figure 13 of the
OASP, the net acreage is consistent with the land uses allocation shown in the OASP taking into
consideration the area dedicated to the park. The resultant allowable density numbers for the R-2
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zoning is 65 for the R-2 and 37 for the R-3 for a total allowable density of 102.
Table 1 - Site Density Calculations
Zoning Net Acres
OASP Unit
Allocation
Proposed
Density
Units
Allowed
Density
Units/Acre
Proposed
Density
R-2 7.82 52-54 67 12 8.56
R-4 3.09 91-103 85.12 24 27.5
Total Allowable Density 143-157 152.12
13.94
OASP Policy 3.1.b notes that density calculations are simplified from typical Zoning Regulations
standards in that any dwelling with two or more bedrooms counts as 1.0 density unit (as opposed to
the 1.5 for three bedrooms or 2.0 for four bedrooms). Policy 3.1.c states that density is calculated
based on the net site area prior to subdivision rather than a lot -by-lot basis to accommodate the
smaller lots allowed within the Orcutt Area.
The applicant is proposing a total of 152 density units and an effective 172 separate units with the
variety of housing types included in the project. This number of units is in substantial conformance
to the range of the unit allocation for the comb ined lots included in the OASP.
4.3 Affordable Housing
The applicants have prepared an “Inclusionary Housing Proposal for West Creek Project (updated
11-18-15)” that outlines in detail the proposed program for providing housing on the site. This
“Proposal” is included as Attachment 7.
Policy 3.3.2 requires that: “Each development within the Orcutt Area shall construct a minimum 10
percent of moderate income affordable dwelling units (ADU) and 5% low income ADUs at the time
of development, or dedicate land for affordable housing.” The applicant has committed to including
ADUs within the project and the proposal exceeds these minimum requirements.
Per Appendix N of City Housing Element, Table 2, t he applicant’s Inclusionary Housing
requirement based on 172 units is 25.8. Based on the average unit size of 1,256 squa re feet, that
requirement is adjusted by 25% per Appendix N of City Housing Element, Table 2A (25.8 units x
.25 + 6.45 = 6). The specific unit types and income levels is included in the Table 2 below.
Table 2 - Affordable Housing Proposal
Inclusionary Unit
Categories
Required Proposed Unit Types
Low Income units 2 1 2-bedroom condo
Low Income units 3 Studio condo
Moderate Income units 4 2 2-bedroom condo
Moderate Income units 4 Studio condo
Total 6 10
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Distribution of affordable units in the R-4 condominium portion of the project is shown below.
Figure 2 – West Creek Affordable Housing Unit Locations
4.4 Parking
Parking for the single-family neighborhoods for the project are included as part of the residence
garages, on one side of Streets A-3 and A-4, and in a parking area located adjoining Street A-2.
The SFR neighborhoods are believed to have adequate site and on -street guest parking as proposed.
Parking for the MFR-condominium neighborhood is proposed to be met under a “Transpo rtation
Demand Management Program (TDMP)” included as Attachment 8. Required vehicle parking for
the 105 MFR units is 192 spaces, allocated to the various unit bedroom counts based on zoning
standards. The TDMP outlines the applicant’s proposal to provide 172 spaces (or a 10.4%
reduction) through a combination of (1) adding 60 additional bicycle parking spaces to permit a 12
vehicle space reduction, and (2) implementation of the TDMP to allow an 8 vehicle space reduction.
This issue was reviewed by the ARC and it was their recommendation that a program be
implemented that provides for management of available parking by the HOA or other management
entity, and allowing for future flexibility in parking as the project builds out and a more hands -on
experience with parking results. Staff concurs with these suggestions, and believes the TDMP
provides the management and oversight that will combine for a successful parking solution at West
Creek.
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4.5 Open Space/Recreation
Overall OASP public parklands are largely concentrated in the center of the planning area on the
Righetti Ranch park site. Recent approvals for that project (VTM#3063) established the
improvement and dedication of four (4) public parks totaling over 14 ac res in area. While the
OASP established these specific public park improvements, the Specific Plan also allows individual
development proposals to include public -city parklands as considered appropriate during processing
of an application.
Figure 2.4 in the OASP, the Open Space and Parks Plan, identifies the subject property as one
suitable for a local parkland dedication. Consistent with OASP Policy 2.3.4, property owners may
propose parkland dedications through the subdivision review process. Several lots (as depicted in
Figure 3, below) are proposed to be improved/set aside as open space by the developer and either
dedicated to the City of San Luis Obispo, or retained by the private Homeowners Association,
totaling about 5 acres as described below.
Figure 3 - Proposed VTM#3083 Illustrative Site Plan
Applicant’s Proposed City Parks
The central ~1 acre Basin (Lot 71) and Creek Parks (Portion Lot 72) on either side of “A” Street
would include a naturalized detention/retention area, large publ ic plaza, walking paths, bicycle path
trail head and covered staging area, restrooms, turf area, central fountain and covered seating area.
Public Restrooms would be provided internal to the Mixed Use building (Lot 73) with direct access
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to the park plaza. The applicant is also proposing Linear Parks (Lots 68, 69) as public.
Park and open spaces areas occur for the most part along the creek channels along the western
extent of the site. These areas will provide for biological enhancement and drainage m itigation,
play/turf area, open space, and seating areas, providing both active and passive recreation amenities
for the future residents of the subdivision and the overall community as a whole. These areas would
also be directly accessible to the existing mobile home park residents to the west and homes to the
north, which are currently considered underserved by parks. In addition to the West Creek
neighborhood park and open space areas along these creek channels, am ple parkways are provided
in the southern portion of the project as neighborhood commons among the units.
4.5.1 Project Parkland Requirement
To ensure that there is adequate parkland to support the population of the neighborhood, the OASP
applies the City’s Parks and Recreation Element standards of parklan d provision for persons per
acre.
Under the OASP the West Creek development would be responsible for parkland as follows:
10 acres of parkland per 1,000 residents (OASP 2.3.1)
2.58 residents per R-2 unit = 2.58 x 67 units = 172.8 residents (OASP 2.3.2)
1.92 residents per R-4 unit = 1.92 x 105 units = 201.6 residents (OASP 2.3.2)
374 residents = 3.74 acres of parkland for the West Creek site
4.5.2 Applicant’s Project Parks Proposal
The project has been designed to include 2.35 acres of improved park space and 2.80 acres of open
space. This information is graphically represented in Figure 3. Together, these park and open space
areas achieve multi-purpose/multi use functions. These areas will provide for biological
enhancement and drainage mitigation, play/turf area, open space, seating areas, a tot -lot, fitness
stations, and opportunities for a community garden, thereby providing both active and passive
recreation amenities for the future residents of the subdivision and the overall community as a
whole. The applicant’s detailed proposal is Attachment 9. The West Creek project proposal
includes the following:
Lot # Total Parks Open Space
Proposed Community Basin Park: 71 0.65 ac 0.65 ac
City Parks/OS Community Creek Park: Part 72 0.46 ac 0.46 ac
Community Common Linear Parks: 68 & 69 0.54 ac 0.54 ac
1.65 ac 1.65 ac
Proposed HOA Community Garden: 70 0.15 ac 0.15 ac
Multi-Family Common Landscape: 77 0.55 ac 0.55 ac
Riparian Open Space: creek 1.53 ac 1.53 ac
Trails-Seating-Open Space: 72 0.63 ac 0.63 ac
Basin and Biofiltration Areas: 74-75-76 0.64 ac 0.64 ac
3.50 ac 0.70 ac 2.80 ac
TOTALS: 5.15 ac 2.35 ac 2.80 ac
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On November 4, 2015, the PRC received the applicant’s request for parkland credits, and voted to
recommend a “partial credit” be considered in continuing consultation with the applicant.
The “details” of a final improvement plan and parkland development fee credits are matters to be
addressed in the future by the Parks and Recreation Commission and the City Council. For the
purposes of considering the VTM, it is appropriate to establish a condition that addresses this future
consideration before the filing of the initial tract map . In general, staff supports a park development
fee credit for those improvements associated with the parklands offered for public use by the
applicants, providing maintenance of these a reas is managed by the project HOA and not city staff.
Suggested private maintenance can be more carefully evaluated as final presentations and specifics
are considered in the future by Parks Commission and City Council, but at this point the full
development and maintenance of already contemplated and approved public parks in the OASP
represent a reasonable allocation of limited staff resources, and to extend additional city
maintenance to these small enclaves should be discouraged at this time , and was not a part of the
PRC’s recommendation at this time. Condition #112 has been included to address this PRC
recommendation.
5.0 PROJECT ANALYSIS (Subdivision Design)
5.1 VTM Design
Lots 1-26 are more traditional lots ranging in size from 3,915 to 7,223 square feet and are proposed
to accommodate detached single -family homes. Lots 27-45 include mostly detached single-family
homes, but there are also two duplexes. These lots range in size from 3,280 to 4,970 square feet.
Lots 1-45 are included in the R-2 zoning category.
Table 3.1 of the OASP provides unique residential lot standards for the R-1 & R-2 zones and
indicates that the R-3 & R-4 zones would follow typical City standards. The lot area standards for
R-2 lots are 3,000 square feet, 5,000 square feet maximum, and 4,500 square feet average.
As designed the detached residential lots provide a variet y of lot sizes and flexibility in unit designs
to create a range of housing options consistent with the OASP and Housing Element. This approach
advances the city’s “affordable by design” policies and programs.
5.2 Grading
The subject site has an overall average cross slope of less than 10% (~7% in an east-to-west
direction; ~4% north-to-south). The site has two major “constraints” that dictate the grading
solutions offered in the tract design by the applicants. These constraints are the natural alignment of
East Orcutt Creek, and the future alignment of “A” street, which connects southerly into the
adjoining Wingate project at a predetermined grade. In the case of East Orcutt Creek, the grading
from Orcutt Road southerly to the existing edge of the creek corridor to accommodate the R-4
multi-family component of the project is the more significant, with a series of retaining walls used
to create the finished grades of this part of the project. South of East Orcutt Creek, the
predominantly Single-Family neighborhood slopes more gently to match the approved road grades
of the Wingate tract, with fewer and shorter retaining wall needs.
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The preliminary grading plan attempts to balance the need for significant “flatter” areas between
Orcutt Road and East Orcutt Creek and the natural slope of the creek by limiting proposed cuts or
fills to eight feet. In some cases, these cuts and fills are slope banks that undulate at varied grades
based on input from Natural Resources and Engineering staff along the creek corridors, and in other
instances 3’-6’ retaining walls below the R-4 buildings are used to more abruptly transition the
building envelope edge with the creek corridor. Total grading, proposed to be balanced on site, is
estimated to be approximately 25,000 cubic yards. The grading concept has been designed to
follow the natural southwestern descending contours of the land and achieve maximum solar and
view access for individual lots. At grade access is provided to adjoining properties. Maximum
retaining wall heights are estimated to be six feet in limited locations. To minimize the amount of
grading and need for retaining walls, portions of the row house units and single-family homes have
been designed with a split pad design ; this provides garages under living spaces, but creates the
convenience of an at grade, level rear yard immediately accessed from the living area.
The site grading plan (VTM Sheets C-8 and C-9) reflects an effort to design a large development
project with significant elevation changes downward from Orcutt Road to the west and south edges
of the site. Staff believes the grading design meets the intent of minimizing grading balanced with
the objectives of natural resources protection, adequate area -wide circulation connections and
extensions, and achieving the desired residential densities for these OASP properties.
5.3 Site Circulation
The project site currently has access to Orcutt Road. Future connection of inner-tract roadways and
connection points to adjacent properties have been considered and are supported by the proposed
VTM. Primary access will be provided by “A” Street, the North/South residential collector along
the Western perimeter of the project. Second access to the project will ultimate be provided vi a A-2
street which connect to the Taylor Wingate property to the south once developed. In the interim a
temporary access point will be provided to Orcutt Rd. along the eastern perimeter of the project to
satisfy emergency access requirement, this access po int will be abandoned once development to the
south occurs and secondary access is satisfied.
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Figure 4 – Project Illustrative Site Plan
Inner-tract roadways are designed to provide efficient access within the subdivision while
considering the natural contours of the land, solar access, safety, speed reduction, maximization of
views within the subdivision as well as future inner -tract connections to the adjoining fut ure
development parcels. Inner-tract circulation is provided through both public and pr ivate streets.
The developer is responsible for all improvements and costs for its inner -tract roadways and private
streets located on their property.
OASP Policy 5.1.a states that “Existing arterial roadways should be improved where necessary in
order to provide safe, adequate circulation.” In the case of the project, OASP Program 5.1.1 notes
that Orcutt Road shall be improved to include a continuous two -way left-turn lane, Class II bicycle
lane, and curb and gutter between Johnson Avenue and Tank Farm Road. Condition No. 4 indicates
that the improvements to Orcutt Road per the OASP requirements need to be completed in the
project’s first phase.
5.4 Pedestrian and Bike Paths
The OASP delineates an on-site Class 1 bicycle path trailhead terminating on the subject site. The
project design incorporates this requirement through inclusion of a covered bicycle staging area
located adjacent to the public park “hub” of the site.
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ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
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Enhanced parkways with pedestrian paths, off road inner-tract pedestrian paths, inner tract path
connections to adjacent parcels and internal park paths and seating are provided to encourage a
“non-car-centric” lifestyle. The maximum distance any resident of the community will hav e to
travel to gain access to a bicycle path is approximately 500 feet with a majority of the homes within
200 feet of a bicycle path.
5.5 Project Phasing
The final map is intended to be recorded in a single phase. For the purposes of the VTM, the
applicants have identified a 3-phased approach to buildings construction as shown in Figure 5.
Figure 5 – Overall Project Construction Phasing
The construction of the tract grading-infrastructure, residential and parks improvements could be
developed in multiple phases, depending on detailed engineering design.
Each phase is designed as a complete block, able to function independently with required access,
utilities landscaping and improvements. The phasing plan implementation is designed to ensure a
minimum of construction traffic and activity impacts to completed phases of the project.
Construction planning and coordination between phases management will be addressed through
Condition 111, requiring a Construction Management Plan to be implemented with all phases of
the project.
The project will include a Master Homeowner’s Association (HOA) that will be responsible for
maintenance of all common area landscaping, all private roadways and applicable infrastructure
improvements, all fences and walls, all private drainage infrastructure on individual lots and within
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ER/TR 224-14 (1299 Orcutt Road) – Planning Commission 4-13-2016
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the park and all private stre et lighting (see Condition 103). Additionally, the homeowners
association will be responsible for enforcement of the Rul es and Regulations. Rules and
Regulations will be designed to protect the long-term integrity of the community as well as provide
necessary protections for rights to quiet enjoyment for all residents and protect residents from visual
nuisances.
5.6 Drainage
The project proposes a comprehensive drainage system. The primary requirement is to achieve the
net effect of no increased runoff from the site after build out. The drainage system includes the
following key features:
All single-family units will be equipped with rain barrels to retain and reuse gutter runoff .
All single-family lots will be provided subterranean retention connected to the gutter system
and on lot drains which connect to the master storm -water system.
The Public Park will be equipped with both subterranean and above grade
retention/detention connected to the master storm -water system. The above grade
retention/detention will be improved as a dry creek complete with compatible landscaping,
grading and rock outcropping features to provide a visual and functional feature to the
development.
Naturalized bio swales will be incorporated into the landscape and gr ading plan to provide
both naturalized drainage and landscape enhancement including a cross lot naturalized bio
swale behind lots 44 thru 57.
The HOA will be responsible for maintenance of all on lot drainage systems as well as the
retention/detention systems developed in the park. Condition 89 outlines drainage requirements and
Condition 103 reiterates the maintenance and management responsibilities of the HOA.
5.7 Utilities
Utility and Service System concerns have been raised based on the City’s newly updated 2015
Potable Water Distribution System Operations Master Plan (2015 Water Master Plan). Regarding
delivery of domestic water to the project, new information developed a fter the FEIR was certified
and after the 2010 Orcutt Area Specific Plan is now available from the City’s 2015 Water Master
Plan and hydraulic model related to the provision of water service to the Orcutt Specific Plan Area.
To serve the area with adequate fire flow (1,500 gpm for residential areas), and average daily
storage requirements, a 12-inch water main needs to be extended from the Terrace Hill pressure
zone at the intersection of Johnson and Tanglewood Drive in a south/southeast direction to the
intersection of Orcutt Road and B Street. A 12 -inch water main will also need to be extended west
to Orcutt and A Street. Under City fire and safety standards, these improvements will be required
prior to occupancy of any new residential uses. Adequate fi re flow and storage, based on the
extension into the project, is available for the development of the Orcutt Specific Plan area.
Mitigation measures and project conditions are included to address these off -site improvements in
conjunction with the project.
The project proposes an alternate connection to the wastewater collection system which is allowable
within the OASP, subject to specific criteria. The Utilities Plan on Sheet C -13 on the VTM shows
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that the sewer will be extended from the mobile home par k to the southwest of the project through
an easement and connect to the existing collection system in Willow Lane. Downstream of the
proposed tie in location, the existing sewer line crossing the railroad tracks from Bullock Lane to
Capitolio is over 45 years old, is not encased, and the cast iron pipe is in poor condition. Should this
option be pursued, the developer will be required to construct all sewer facilities according to City
standards. According to the capacity assurance modelling conducted with the City’s 2015
Wastewater Collection System Infrastructure Renewal Strategy , the collection system downstream
of the railroad crossing has adequate capacity to serve the proposed West Creek project.
In addition to the on-site utility service infrastru cture required with the developments, the proj ect is
subject to City established Development Impact Fees and Add-On Fees that are charged in
conjunction with approval of development projects to offset costs associated with water supply,
water treatment, wastewater collection and wastewater treatment. To the extent that VTM#3083
participates in off-site improvements with other development projects, or fronts the shared costs of
other projects, conditions have been included that permit the subdivider the opti on of pursuing fair
share financing and reimbursement programs submitted with any final map for the project.
5.8 Water Supplies
The City has four primary water supply sources including Whale Rock Reservoir, Salinas
Reservoir, Nacimiento Reservoir, and recycled water (for irrigation), with groundwater serving as a
fifth supplemental source. Buildout population demands (2014; Utilities Department) are estimated
at 7,128 afy, or 71% of total available annual supplies. The City’s investment in multi -source water
supplies has afforded responsible use options even following some of the driest years on record.
Provisions in the City General Plan, specifically the Water and Wastewater Management Element
and the OASP, insure that increased water use by new development will not cause inadequate water
service to existing and future customers. Consistent with the 2004 Water Reuse Master Plan,
service of recycled water to the Orcutt Area will be extended from Tank Farm Road to Orcutt Road
along “A” Street. This project is also subject to water impact fees which were adopted to ensure that
new development pays its share of constructing additional infrastructure needed to support
additional facilities.
5.9 Residential Products
Proposed VTM#3083 includes a mix of single -family and attached multi-family residential units.
The applicant’s “Project Description” (Attachment 3) indicates that all residential construction will
comply with the OASP Design Guidelines at the time of future construction . Concept floor and site
plans have been presented for the residential units (RRM plan set Sheets A-9 thru A-21.
The multi-family units are proposed as “condominiums”, designed to include air space ownership,
while permitting attached buildings in a series of attached or clustered configurations. A total of
seven (7) separate building clusters are proposed. These units vary between studio (max. 450 sf), 1-
bedroom (703 sf) and 2-bedrooms (ranging between 951 – 1,215 sf). Garages on the ground floor
of the buildings are included. These concepts allow some variation to the height and scale of the
buildings, and will be a more moderate-cost and affordable housing product. These plans are
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general, and serve to confirm that the housing types described by the applicants do in fact work on
the proposed higher-density lots of the tract.
Architectural plans for the single-family housing products vary between what the applicant refers to
as “traditional homes” and “parkway home”. For the most part, these SFRs would be 3 bedroom
units, varying in size from 1,830 sf to 2,063 sf, with an option for a 450 sf “efficiency unit as a
multi-generational family member”. These units would also vary between single-story and two -
story configurations. The ARC was supportive of the preliminary design concepts during their
review.
Similar to recent processing of the Righetti subdivision, staff is recommendin g a process under
Condition -- that would allow ARC review/comment on a series of “model unit” buildings and
landscaping designs, and to provide for public comment and input to the Community Development
Director, who would be responsible to make final determinations on building design. Director’s
decisions in this manner would be appealable under established city policies.
5.10 Uniform CC&R’s
Pursuant to the OASP, a homeowners association (HOA) is to be created to address ownership,
maintenance, repair and replacement of common areas and private streets not otherwise
incorporated into public ownership. West Creek includes private areas that would be subject to an
HOA within the boundaries of VTM#3083.
The OASP permits either a “master association (MHOA)” which could encompass the entire site, or
multiple associations to address smaller sub-units of a given project. This can be done by creating a
MHOA with the initial final map, with the future option of additional smaller areas being
automatically “annexed” or incorporated within the Master HOA, or retained as a sub-association
within the Master HOA.
In the case of West Creek, this decision will be for the subdivider to make at the time of final map
application, and therefore Condition 103 is presented to permit any of these options to be proposed,
consistent with the OASP.
6.0 CONCLUSION
The project application is consistent with the stated goals in the OASP and provides a new
neighborhood with many admirable components and features, including, but not limited to:
1. A range of different housing types to appeal to households of varied income levels and
needs.
2. It provides a sizable affordable component that is distributed throughout the site.
3. A commitment to quality and energy efficient construction.
4. A new sustainable neighborhood with internal pedestrian connections and provision for
future linkages to adjoining sites.
5. Community amenities including a park, public art, day care center, bicycle staging area, trail
connections, convenience store, and bus turnout.
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6. Balanced site grading that respects the existing site topography.
7. Providing a catalyst for development of the overall area as envisioned by the OASP.
7.0 OTHER DEPARTMENT COMMENTS
The Public Works and Utilities Departments have reviewed the project and have provided
comments that are incorporated into the staff report and recommended resolution as conditions of
approval and code requirements.
8.0 ALTERNATIVES
8.1 Continue the project with direction to the applicant and staff on pertinent issues.
8.2 Deny the project based on findings of inconsistency with the OASP, General Plan, or
Subdivision Regulations.
9.0 ATTACHMENTS
1. Draft Resolution
2. OASP Vicinity Map
3. Applicant’s “Project Description”
4. ARC 2nd Review Staff Report and Minutes – 10-19-2015
5. PRC 2nd Review Staff Report and Minutes from 3-4-15 and 11-4-15
6. Initial Study – Mitigated Negative Declaration (ER 224-14)
7. “Inclusionary Housing Proposal for West Creek Project ” (updated 11-18-15)
8. “Transportation Demand Management Plan” West Creek, 3-14-2016
9. “West Creek Project Parks Proposal”
10. West Creek #3083 proposed vesting tentative tract map
11. West Creek architectural and design presentation plans
Full Size Project Architectural and VTM Exhibits - (distributed separately)
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Planning Commission Minutes
DRAFT EXCERPT
SAN LUIS OBISPO
PLANNING COMMISSION MEETING MINUTES
Wednesday, April 13, 2016
PUBLIC HEARING
1. 1299 Orcutt Road. SBDV-1769-2015: Review of a Vesting Tentative Map
(Tract 3083; “West Creek”) to create 79 lots, and consideration of a CEQA
Initial Study-Mitigated Negative Declaration environmental determination; R-2,
R-4 (SP) zones; Robbins / Reed, applicants.
Deputy Director Davidson introduced Dave Watson, Consulting Planner managing the
project, who provided the Staff Report. In response to Commission questions, he
stated that the proposal had been presented to Parks & Recreation Commission
(PRC). The PRC supports the concept subject to review of the final design and with a
recommendation that a partial credit of improvement fees be addressed by the City
Council at some future date.
Aaryn Abbott, representing the Applicant, indicated that the Applicant is willing to
continue to hold properties’ titles and maintain them through the Homeowners’
Association and open them through easements for public access, as recommended by
the PRC. He provided an overview of the history of the Orcutt Area Specific Plan
(OASP) and concluded that the West Creek is a highly constrained site having
undergone multiple design iterations and additional traffic, soils, and hydrology studies.
Randy Russom and Pam Ricci, RRM Design Group, presented the project details and
and responded to Commission questions regarding residential parking.
Transportation Operations Supervisor Jake Hudson responded to Commission
questions regarding the circulation analysis of the OASP, including plans for both
interim and ultimate secondary access routes and how the Plan envisions a restriction
for emergency vehicles only.
Pam Ricci, RRM Design Group requested that the Commission consider alterations to
Condition #112 to provide additional flexibility. Applicant Representative Abbott
indicated Applicant’s comfort with removing mention of $250,000 specifically from
Condition #112, noting that the figure arose initially with Parks & Recreation’s mention
of a credit being available. Assistant City Attorney Ansolabehere reminded the
Commission to take Public Comment before deliberating.
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Excerpt of the Draft Planning Commission Minutes of April 13, 2016 Page 2
PUBLIC COMMENT
The following San Luis Obispo residents spoke in opposition to the project because of
concerns regarding the size of the development and potential impacts to the
environment, including water resources, and on traffic in the Orcutt Road area:
Dia Hurd
Mila Vujovich-La Barre
David Brodie
The following residents of San Luis Obispo spoke in support of the project:
Erik Justesen, CEO of RRM Design Group
David Gray, as representative of site property’s land ownership
Baylin Vreeland, Cal Poly student
Steve Delmartini
Donna Lewis
Matthew Hames, Los Osos, endorsed the project
Following a brief break, Commission discussion and questions to staff followed, with a
focus on bicycle and vehicle circulation, bus and transit service, secondary access, the
type and number of affordable units and conservation efforts.
Planner Watson stated that part of the approved plan for the Righetti Subdivision was
to extend reclaimed water from the Tank Farm Road Area north. He added that each
project will install their share of a total system and, as they ultimately connect, recycled
water would be available for appropriate uses, i.e. parks.
Commissioner Larson indicated that he was not comfortable with changing language in
Condition #112, as requested by the Applicant.
Commissioner Malak questioned the wisdom of constructing a pool on-site given the
current water situation.
Deputy Director Davidson stated that the affordable-by-design concept is a major
premise of the Housing Element before providing a fundamental background
explanation of the calculation which showed that the Applicant, following it to the letter,
provided more affordable units than required. Chair Stevenson added that the project
mix of housing covers a wide income strata, that studio housing itself is affordable-by-
design, and is achieving Housing Element and OASP goals.
Commissioner Malak discussed conservation policy guideline consistency as it
pertains to the provision of solar power in a development and whether the integration
of it in the Avila Ranch Project was a precedent or an anomaly.
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Excerpt of the Draft Planning Commission Minutes of April 13, 2016 Page 3
Assistant City Attorney Ansolabehere shared that, at a policy level, legislation had not
been implemented yet to insert solar panel policy into specific program and City’s
environmental document does not yet identify it as a mitigation measure, so the
program is peripheral on General Plan level and pointing out inconsistencies regarding
mandatory integration within it could be problematic.
Commissioner Larson commented that there are a variety of options for additional
energy conservation procedures in order for West Creek to meet, or even exceed, a
particular performance standard identified in the more generic energy efficiency
mitigation measure, but stated that the project, in his estimation, is consistent with
policies in the given code.
Chair Stevenson added that the energy efficiency requirement is 10% above Title 24
analysis.
Commissioner Draze proposed approving the project per Staff recommendation, which
includes a number of minor changes in the revised Resolution, with the addition of a
requirement to Condition 10 that secondary access points be open full-time.
Commissioner Malak voiced disappointment with the number of affordable housing units
and his desire for a solar panel policy being made available for project integration. For
these reasons he cannot support approval.
Commissioner Draze requested that the project engineers consider reducing the heights
of some of the retaining walls. Chair Stevenson suggested this request could be placed
under a second motion as a recommendation to the ARC.
Chair Stevenson shared empathy with Public concerns for traffic impacts and potential
water but also indicated satisfaction with project’s evaluation of water usage through
EIR and OASP. He stressed that this project is the type the City needs to provide for
more affordable housing stock for younger demographic looking for starter homes and
viable employment simultaneously; and commended the Applicant for implementing all
the sustainable features it was able to include.
ACTION: UPON MOTION BY COMMISSIONER DRAZE, SECONDED BY
COMMISSIONER LARSON, the Commission adopted a Resolution recommending the
City Council approve Vesting Tentative Tract Map No. 3083 creating 77 lots for property
located at 1299 Orcutt Road (“West Creek”), with an amended condition of approval
(Condition 10 – Transportation and Subdivision Improvements. Include a requirement
that secondary access be open to through traffic in a design approved by the City
Engineer and Director of Public Works). Motion passed 3:1:3 on the following roll call
vote:
AYES: Draze, Larson, Stevenson
NOES: Malak
ABSENT: Fowler, Riggs, Dandekar
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Excerpt of the Draft Planning Commission Minutes of April 13, 2016 Page 4
ACTION: UPON MOTION BY CHAIR STEVENSON, SECONDED BY
COMMISSIONER DRAZE, the Commission agreed to recommend to the City Council to
refer two design issues (prohibiting swimming pool construction; placing special
attention on 10-foot retaining walls) to Architectural Review Commission. Motion passed
3:1:3 on the following vote:
AYES: Stevenson, Draze, Malak
NOES: Larson
ABSENT: Fowler, Riggs, Dandekar
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West Creek Project Parks Proposal
The project has been designed to include approximately 1.65 acres of improved park space and 3.5
acres of Community Open Space. Together, these park and open space areas achieve multi-
purpose/multi use functions. These areas will provide for biological enhancement and drainage
mitigation, play/turf area, open space, seating areas, a tot -lot, and opportunities for a community
garden, thereby providing both active and passive recreation amenities for the future residents of
the subdivision and the overall community as a whole. The park and open space areas that the
West Creek project anticipates include the following:
City Parks
Community Basin Park: 0.65 Ac
Community Creek Park: 0.46 Ac
Community Linear Park: 0.54 Ac
TOTAL: 1.65 Ac
Community Open Space
Community Garden: 0.15 Ac
Multi-Family Common Areas: 0.55 Ac
Riparian Open Space: 1.53 Ac
City Trails: 0.63 Ac
Basin & Bio-filtration Areas: 0.64 Ac
TOTAL: 3.50 Ac
It should be noted that final park acreages and improvements included in them will change
somewhat based on the VTM approval, related improvement plans, and the final parks design
review and approval by the Parks & Recreation Commission at a later date.
Parkland Fee Reduction
OASP Policy 2.3.4 provides that property owners that would like to provide improved parkland
on their property may do so through the subdivision review process. OASP Program 2.3.4a outlines
the circumstances in which property owners may provide improved parkland on their property and
request relief from parkland fees. The following discussion outlines these circumstances, followed
by a summary of how the project meets the criterion.
OASP 2.3.4a.i: The Parks and Recreation Commission determine that the additional
parkland serves a community-wide need that is not met through the provision of other
parkland in the Orcutt Area.
Summary: West Creek parks provide parkland that serves the community in ways not met through
other proposed areas. The proposed park areas serve not only the OASP properties, but the
adjacent underserved neighborhoods that no other location in the OASP does or will. The
proposed West Creek park areas will be the only park within a ¼ mile/5-minute walking radius
for the surrounding neighborhoods as indicated on the attached Parks Context Map.
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OASP 2.3.4a.ii: The proposed parkland can be provided without reducing the number of
residential units anticipated for the property, as illustrated by the range of Total Estimated
Units shown on [OASP] Table A-2 (Appendix A).
Summary: As proposed, the West Creek project includes a total of 172 units, which exceeds the
number of units anticipated for the two sites by the OASP, which identifies a combined range of
143-157 units. This has been accomplished by designing space-efficient small units, and siting the
parkway homes with front doors along a pedestrian parkway.
OASP 2.3.4a.iii: The provision of additional parkland will not impact the ability of Orcutt
Area development to finance parkland acquisition costs identified in Chapter 8, Public
Facilities Financing, because other funding sources insure the feasibility of financing this
parkland acquisition. Other sources can include the following:
1. Grant funding for parkland acquisition;
2. Development in the Orcutt Area in excess of the 937 units used to estimate available
fees for parkland acquisition in Chapter 8, making more money available for parkland
acquisition than previously anticipated;
3. City funding of parkland acquisition to meet regional parkland needs, if approved by
the City Council.
Summary: The West Creek project is proposing 15-29 units beyond that anticipated by the OASP,
which would lead to an excess in available fees from these sites beyond those anticipated. This
would at least partially off-set some of the requested reduction in park fees. The proposed
development even with the inclusion of the park area exceeds originally anticipated density, which
is encouraged by the OASP.
Fee Summary
The OASP fee calcs assumed 937 total units, this is the average of their projected units
(Table A-2, 892-979 units)
o 523 SFR (pg 8-8)
o 414 MFR (pg 8-8)
The OASP (page 8-2) assumes a total cost of 8,126,000
o Parks & Rec = 4,448,000
o Parkland = 3,678,000
Fees are allocated on OASP page 8-5
o Parks & Rec SFR = 5,352 * 523 = 2,799,096
o Parks & Rec MFR = 3,983 * 414 = 1,648,962
o Parkland SFR = 4,425 * 523 = 2,314,275
o Parkland MFR = 3,293 * 414 = 1,363,302
o Total = 8,125,635
West Creek fees as originally projected in OASP
o 97 MFR (avg of projected range, 91-103) * 7,276 = 705,772
o 54 SFR (avg of projected range, 52-56) * 9,777 = 527,958
o total Maddalena / Mid-State fees anticipated per OASP = 1,233,730
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Updated fees for current fiscal year per unit count in OASP (combo of both properties),
specific to West Creek:
o 97 MFR (avg of projected range, 91-103) * 9,575 = 928,775
o 54 SFR (avg of projected range, 52-56) * 13,012 = 702,648
o total fees anticipated per OASP after fee increases = 1,631,423 (397,693 increase)
Actual fees as projected with smaller average unit size, but within anticipated density-
unit range:
o 105 * 9,575 = 1,005,375
o 67 * 13,012 = 871,804
o total = 1,877,179
o difference = 245,756 (available for credit with NO reduction to OASP
assumptions at current increased rates)
Parks & Recreation Commission Action (11-4-15)
At their second meeting reviewing the project, the Parks & Recreation Commission took two
separate actions regarding the parks proposal.
Motion: (Baker /Regier) Recommend City Council's acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project "credit" relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
Conclusion:
Given the greater number of units than anticipated in the OASP for the site and current parkland
fees that have increased over time, the project will generate fees in excess of about $250,000
from what was originally projected. Given this situation as well as the substantial benefits to the
community of the park spaces to be provided, the applicant requests a reduction in parkland fees
in the range of $250,000 to up to 50% of the total fee amount, consistent with the OASP program
guidance.
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WEST CREEK PARK CONTEXT MAP
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ORCUTT RD
West Creek
1/4 Mile Radius Equals
5 Minute Walk
Sinsheimer Park
Daman-Garcia Sports Fields
Neighborhood Park
French Park
Date: 12-18-14
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WEST CREEK
VTM#3083
Orcutt Area Specific Plan
City Council Hearing
May 17, 2016
Slide 1
Staff Recommendations – West Creek VTM3083
•Conduct public hearing
•Adopt a Resolution approving a Mitigated Negative Declaration
of Environmental Impacts (Attachment A)
•Adopt a Resolution approving a Vesting Tentative Tract Map
#3083 for the project (Attachment B)
•Consider Planning Commission recommendations for
directional items including:
•consider prohibiting a project swimming pool
•provide special attention to reducing retaining wall heights as part of the
final engineering design
Slide 2
Advisory Body Background – West Creek VTM3083
12-01-2014: ARC Conceptual Review – project continued with direction
03-04-2015: PRC Conceptual Review – project introduction - discussion of
proposed parks
10-18-2015: ARC Conceptual Review – review new residential designs and
grading – direction to applicants – recommendations to PC & CC
11 -04-2015: PRC Review – continued project discussion of proposed public and
private parks – recommendations to PC & CC
04-13-2016: PC Public Hearing Review – conducted public hearing and
developed recommendations for CC
05-17-2016: Council Public Hearing Review – hearing tonight
Future: ARC and PRC Final Reviews – TBD
Future: CC Review of Final Map and Improvement Plans - TBD
Slide 3
City Council
Public Hearing
May 17, 2016
•Applicant Request for Vesting
Tentative Tract Map #3083
•2010 Final EIR for the Orcutt
Area Specific Plan and a 2016
Initial Study-Mitigated
Negative Declaration
addressing site-specific issues
•Proposed Findings, Mitigation
Measures and Conditions of
Approval presented for CC
consideration and action
West Creek
Site
Slide 4
West Creek VTM#3083
Project Proposal Overview
•18.3 acre Site Area
•Two (2) parcels
combining the
Maddalena and
Mid-State OASP
properties
•105 Multi-Fam du’s
•67 Single-Fam du’s
•2.20 acres parks
•2.80 acres OS
Slide 5
West Creek VTM#3083
Project Construction Phasing
•Final Map
recorded in
a single
phase
•Construction
would occur
in three (3)
overall
phases
•Condos
Phase 1 –
then SFR
follows
Slide 6
West Creek VTM#3083
Architectural Character - SFR
Slide 7
West Creek VTM#3083
Architectural Character - MFR
Slide 8
Key Planning Commission
Public Hearing Discussion
Items - April 13, 2016
•Parking space reductions
in MFR area due to
Transportation Demand
Management Plan (TDMP)
•Imposition of energy saving
measures
•Require any secondary
access needed for the
project be open to public
use and similar in design
•Receive presentation by
applicant and discuss
parklands fee credits
Slide 9
West Creek
VTM#3083
•Applicant’s Proposal for Public Parklands
Dedication and Improvements in-lieu of Park Fees
•Applicant’s Proposal credits = ~2.35 acres parks and open space
Slide 10
Key Staff Analysis Issues – West Creek VTM3083
•Environmental Review - 2010 OASP FEIR and 2016 IS-MND
•Public Parks and Parklands Fee Credits
•Affordable Housing Program
•Site Grading
•On- and Off-site Circulation
•Project Phasing – Final Mapping and Construction
•City Infrastructure to Support West Creek Development
•Architectural Design Program
Slide 11
Staff Recommendations – West Creek VTM3083
•Conduct public hearing
•Adopt a Resolution approving a Mitigated Negative Declaration
of Environmental Impacts (Attachment A)
•Adopt a Resolution approving a Vesting Tentative Tract Map
#3083 for the project (Attachment B)
•Consider Planning Commission recommendations for
directional items including:
•consider prohibiting a project swimming pool
•provide special attention to reducing retaining wall heights as part of the
final engineering design
Slide 12
Staff Recommendations – West Creek VTM3083
•Planning Commission directional items:
•consider prohibiting a project swimming pool
The City does not have regulations limiting swimming pools, and
the Utilities Department is not concerned with water use for a
pool. On this basis, Staff is recommending against this item.
•provide special attention to reducing retaining wall heights as
part of the final engineering design
Retaining wall design and heights will be considered during plan
check review and no special COA is needed to implement this.
Slide 13
Questions ?
Slide 14
Land Use and Circulation – West Creek VTM3083
Slide 15
Land Use and Circulation – West Creek VTM3083
Slide 16
Land Use and Circulation – West Creek VTM3083
Slide 17
Parks Proximity – West Creek VTM3083
Slide 18