HomeMy WebLinkAboutARCH-0500-2017 (791 Orcutt)
ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT
SUBJECT: Architectural review of a new mixed-used development that includes: 94 residential
units, 2,463 square feet indoor residential amenity space, outdoor residential amenity space, 3,488
square feet commercial space; and creek setback exceptions with an Initial Study/Mitigated Negative
Declaration that tiers off the certified 2005 FEIR for the Four Creeks Rezoning Project.
PROJECT ADDRESS: 791 Orcutt Rd. and BY: Rachel Cohen, Associate Planner
3330 & 3360 Broad St. Phone Number: (805) 781-7574
e-mail: rcohen@slocity.org
FILE NUMBER: ARCH-0500-2017 & FROM: Doug Davidson, Deputy Director
EID-0274-2017
RECOMMENDATION: Adopt the Draft Resolution based on findings, and subject to conditions
(Attachment 1).
SITE DATA
Applicant New Heritage Family LP
Representative Carol Florence, Oasis
Associates, Inc.
Zoning R-4-PD & C-C-PD
General Plan Community Commercial & High
Density Residential
Site Area 5.03 Acres (219,025 s.f.)
Environmental
Status
Mitigated Negative Declaration
tiered off the certified 2005 Final
EIR for the Four Creeks
Rezoning Project
SUMMARY
The applicant has submitted plans for a new mixed-used development that includes 94 residential
units, 2,463 square feet indoor residential amenity space, outdoor residential amenity space, and 3,488
square feet commercial space. The applicant is requesting a modification in the creek setback
exception that was approved as part of the Planned Development. An EIR was submitted as part of
the Planned Development and reviewed and certified by the City Council in 2005. The proposed
project included changes to the site layout that triggered the need for an Initial Study of environmental
review and resulted in a Mitigated Negative Declaration.
Meeting Date: February 5, 2018
Item Number: 2
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1.0 COMMISSION’S PURVIEW
The ARC’s role is to review the project in terms of its consistency with the City’s General Plan,
Community Design Guidelines (CDG), the Planned Development conditions of approval (Attachment
4) and applicable City standards.
2.0 PROJECT INFORMATION
2.1 Background
On November 15, 2005, the City Council reviewed a development plan that proposed 86 new
residential units, 10,000 square feet of commercial space, and a vehicle and pedestrian connection
between the 791 Orcutt property and the 3330 and 3360 Broad properties (see Attachment 2). The
approval of this project included:
• Adopting Ordinance No. 1486 approving the zone change from C-S-S to R-4-PD and C-
C-PD and the Planned Development for the project site (see Attachment 5), and
• Approving Resolution No. 9747 amending the General Plan Land Use Element Map and
certified the Final EIR for the project site (see Attachment 1, Exhibit A).
2.2 Site Information/Setting
The subject property is located on the east side of Broad Street and south of Orcutt Road and west
of Sacramento Drive within the R-4-PD (High Density Residential) and C-C-PD (Community
Commercial) zone with a Planned Development overlay. The project site is approximately 5.03
acres and currently vacant. The largest portion of the project site’s east and west boundaries
include Sydney Creek and Bishop Creek, respectively (see Attachment 3, Vicinity Map).
Table 1: Site Information/Setting
Site Size ~5.03 acres
Present Use & Development Vacant
Topography Relatively flat with creek slopes
Land Use Designation Community Commercial & High Density Residential
Current Access Broad Street & Orcutt
Surrounding Use/Zoning North: Service Commercial (C-S) and Manufacturing (M); Various
businesses.
South: Service Commercial with special considerations overlay (C-S-
S) and Medium Residential with special considerations overlay (R-2-
S); Residential units.
East: High Density Residential with a Planned Development overlay
(R-4-PD); High Density Residential units.
West: Broad Street and Community Commercial with special
considerations overlay (C-C-S); various retail stores and restaurants.
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Table 2: Project Statistics
Item Proposed 1 Planned Development
Standards 2
Street Yard Setback
Orcutt Road 8 feet 8 feet
Broad Street 7-8 feet 3 feet
Other Yard Setback
R-4-PD zone 57.5 feet 10 feet
C-C-PD 33 feet and 5 feet 10 feet from R-4-PD and 0 feet
from C-C-PD
Max. Height of Structure(s)
Buildings along Sydney Creek
(previously called Loft Buildings)
35 feet 57 feet
All other buildings 34 feet 37 feet
Building Coverage (footprint) 17.5% 75%
Parking Spaces 152 132
Short-term Bicycle Parking3 34 10
Long-term Bicycle Parking3 188 192
Notes: 1. Applicant’s project plans
2. Ordinance No. 1486
3. Based on Zoning Regulations Table 6.5: Bicycle Parking Space Requirements
2.3 Project Description
The applicant is proposing a mixed-use development on the subject site that includes a range of
residential units and commercial space (Attachment 4, Project Plans). The project includes the
following components:
• Building A and B
o 3 stories
o ~34 feet in height
Figure 1: Bird's eye view of the project from Orcutt Road
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o 10 residential units.
o 1,848 s.f. commercial space
o 615 s.f. indoor bicycle parking space
o 1,445 s.f. resident fitness room and office
o 1,018 s.f. resident indoor recreational space
• Building C
o 3 stories
o ~35 feet in height
o 14 residential units
• Buildings D, E, F & G
o 3 stories
o ~35 feet in height
o 16 residential units in each
• Building H
o 2 stories
o ~25 feet in height
o 4 residential units
• Building J
o 1 story
o ~17 feet in height
o 1,640 s.f. commercial space
• Three affordable dwelling units (one 2-bedroom unit as moderate income and two 1-
bedroom units as low-income)
• Extensive landscaping throughout the site, including the planting of 115 trees, pedestrian
paths along the creeks, resident common use areas and a children’s play area (Attachment
4, Project Plans, Sheets 19&20)
• Pedestrian bridge from the site to Sacramento Drive
• Covered parking canopies with solar panels
• Three solid waste enclosures
Figure 2: North elevation of Building A & B facing Orcutt Road
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3.0 PROJECT ANALYSIS
The ARC’s role is to review the project in terms of its consistency with the General Plan, Community
Design Guidelines (CDG), the approved Planned Development standards for the site (Attachment 5),
Resolution No. 9747 (which includes Final EIR mitigation measures) (see attachment 6), and
applicable City standards.
3.1 Community Design Guidelines – Multi-Family and Clustered Housing Design
3.1.1 Site Planning1
The overall site plan creates a clustered design of residential units with commercial space facing
outward to Orcutt Road and Broad Street. The site design does not turn its back on the neighborhood
and includes extensive pedestrian walkways throughout the site.
3.1.2 Parking and Driveways
The Planned Development allows a 25% parking reduction for the site (Attachment 5). The project
plans include a request for an addition 5% parking reduction. This request has been withdrawn by the
applicant because the project satisfies the required parking with the 25% reduction. The project
requires 132 spaces and in total provides 150 spaces on the Orcutt portion of the site and 9 on the
Broad Street site.
The parking on the site is dispersed throughout the site between the various buildings and is visible
from the residential units.2 The parking area also contains two covered parking canopies that will hold
solar panels. Landscaped peninsulas and landscape buffers along walkway are also included.3
3.1.3 Bicycle Parking4
The project provides 188 long-term enclosed bicycle parking spaces and 34 short-term bicycle
parking spaces. Condition of approval no. 13 states that the project shall comply with the number of
spaces shown on the project plans.
1 CDG 5.4.A: Site planning.
2 CDG 5.4.B(3 & 6): Parking and driveways.
3 CDG 5.4.B (7): Parking and driveways.
4 Zoning Regulations Table 6.5 Bicycle Parking Space Requirements
Figure 3: West elevations of Buildings H & J facing Broad Street
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3.1.4 Multi-Family Project Architecture
Façade and roof articulation5: consistent with the CDG, the project provides significant roof and wall
articulation. The project also includes balconies and awnings to further break up the façade. The
project uses fiber cement planks and smooth acrylic plaster. Although the project includes these
elements, staff is recommending conditions of approval that require the final plans submitted for
building permit to include additional elements. Condition of approval no. 9 requires that additional
colors and/or materials to be used on the proposed project to further differentiate the various buildings
from one another. A majority of the buildings have the same floor plan, colors and materials and thus
present a repetitive design aesthetic through the site. The overall design site would benefit from some
differentiation of the buildings from one another. Condition of approval no. 10 states that the buildings
include additional architectural elements (gabled eave, porch, awning, etc.) at the front door entries
to provide a sense of human scale within the project. Staff is also recommending condition of approval
no.11 which requires the building plan submittal to include more variety in the window trim designs
(the current design includes only a foam trim at the bottom of the windows). Staff is supportive of the
inclusion of balconies within the project and recommends condition of approval no. 12 which requires
more variation in the materials used and more privacy and screening in the railing design.
Scale6: The surrounding neighborhood includes three-story multi-family residential developments
and one and two-story commercial structures. The tallest structures in the project (maximum height
of 35 feet) will be adjacent to the recently constructed three-story, multi-family complex. The
structures along Broad Street are reduced in height and scale with a maximum height of 25 feet. The
Planned Development allows a maximum building height of 57 feet for structures along Bishop Creek
and 37 feet elsewhere on the project site. Consistent with the CDG, the project is broken up into
multiple structures to avoid large single structures. In addition, landscaping includes various trees
around the buildings to soften the impact of the overall scale.
3.2 Pedestrian Access
The project includes multiple walkways and paths throughout the project. The applicant is proposing
a path and bridge that provides pedestrian connection to Sacramento Drive. To further encourage
walkability7 and a continuous pedestrian network with major activity centers 8, staff is recommending
condition no. 17 that an additional pedestrian bridge connection over Sidney Creek (between the
Orcutt portion of the site and Broad Street) be added to the project. The natural topography of the
area varies from a level plain to a steep hill. This path is would provide a relatively flat path from the
Broad Street parcels to Orcutt, as well as minimize trespass into Sidney Creek.
3.3 Signage
The project plans include a residential sign and commercial sign design and dimensions (Attachment
4, Sheet 16). The residential sign is 4 feet tall and 20 feet long for a total of 80 square feet. The sign
regulations state that a residential sign may be up to 20 square feet and have a maximum height of 4
feet.9 The site plan shows that the sign is located on the north west corner of Building A. Staff is
5 CDG 5.4.C(1) Façade and roof articulation
6 CDG 5.4.C(2) Scale.
7 Circulation Element 5.1.1: Promote Walking – The City shall encourage and promote walking as a regular means of
transportation.
8 Circulation Element 5.1.2: Sidewalks and Paths - The City should complete a continuous pedestrian network connecting
residential areas with major activity centers as well as trails leading into city and county open spaces.
9 Sign Regulations Section 15.40.410.M(2)
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supportive of the larger residential sign as proposed since it curves around the corner of the building
visually reducing the size of the sign. Condition no. 19 requires that the building plans verify that the
sign is outside of the line-of sight triangle. Additionally, the applicant is proposing 15 square foot
signage for each of the commercial spaces within the project. This is consistent with the sign
regulations and staff supports the proposal. The plans do not provide details on colors, materials and
lighting of the signage. Therefore, staff is recommending condition no. 20 that states the applicant
shall submit a sign application for a residential sign and commercial signage that is consistent with
dimensions and design in the project plans. The application shall include additional details such as
colors, materials and lighting that comply with the Sign Regulations (M.C. Section 15.40.100).
3.4 Creek Setback Exceptions
The Planned Development provided creek setback exceptions in the following areas on the site (see
Attachments 5 and 6):
• Broad Street - Parking and External Stairs (Lot 39) - Up to 7 feet, per approved plans
• Orcutt and McMillan Driveway - Per approved Development Plan and existing easement
• Loft Building - Up to 7 feet, per approved Development Plan
• Broad Street Access Bridge - Per approved Development Plan
• Pedestrian Bridge to Tumbling Waters — Per approved Development Plan
• Lot 36 — Up to 280 s. f., per the approved Development Plan
The applicant is requesting modifications to the location of these setbacks (see Attachment 4, Project
Plans, Sheet 4 – site plan, look for the dashed setback line). The creek setback includes portions of
buildings, parking lots, underground stormwater chambers (located under the parking lots), bio -
filtration treatment areas, decomposed granite pedestrian paths, a children’s play area and outdoor
patio areas. The Natural Resources Manager closely reviewed the 2005 Final EIR and visited the site.
Through the Initial Study evaluation, the Natural Resources Manager determined that the modified
setback request was consistent with the Final EIR. Staff is supportive of the modified creek setback
and recommends condition of approval no. 18 allowing the creek setback exceptions.
4.0 ENVIRONMENTAL REVIEW
An Initial Study has been completed for the proposed project in accordance with the California
Environmental Quality Act and a Mitigated Negative Declaration (MND) is recommended for
adoption (Attachment 7). The Initial Study was tiered off the certified 2005 Final EIR for the project
site. The MND finds that with incorporation of mitigation measures potential impacts to aesthetics,
biological resources, and transportation/traffic will be less than significant. No comments were
provided during the 30-day public comment period. Staff is recommending the following corrections
and clarification for the final approval of the MND:
1. Page 2, first sentence, “The 1.5 acres along Broad Street contains existing residential and
commercial structures and the rest of the site is vacant and undeveloped.” Should be corrected
to say, “The 1.5 5.03 acres along Broad Street contains existing residential and commercial
structures and of the rest of the site is vacant and undeveloped.” 3330 and 3360 Broad Street
are vacant and do not have any structures on them. This was corrected in the body of the MND
document prior to the public comment period, but not in the project description.
2. Attachment 7 of the Initial Study/MND has been updated to show struck through mitigation
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measures that have been completed or are no longer applicable due to the creation of new
mitigation measures. All of the new mitigation measures are included in the Draft Resolution
(Attachment 1, Exhibit A). These deleted mitigation measures include the following:
• TR/mm-6
• TR/mm-7
• TR/mm-8
• TR/mm-11
• TR/mm-12
• TR/mm-13
• TR/mm-20
• AQ/mm-15
• HAZ/mm-1
• HAZ/mm-5
• HAZ/mm-6
• HAZ/mm-7a
• UTIL/mm-2
• UTIL/mm-3
• UTIL/mm-4
• AES/mm-5
• AES/mm-6
• AES/mm-7
5.0 OTHER DEPARTMENT COMMENTS
Project plans were reviewed by the Building & Safety Division and the Fire, Public Works, and
Utilities Departments and by the Natural Resources Manager. Relevant comments from these
reviewers have been incorporated into the recommended resolution as conditions of architectural
review approval.
6.0 ALTERNATIVES & RECOMMENDATION
5.1 Deny the project based on findings of inconsistency with the General Plan, Planned
Development and Community Design Guidelines.
5.2 Continue the project to a date uncertain with direction to the applicant and staff on pertinent
issues to be addressed.
7.0 ATTACHMENTS
1. Resolution
2. 2005 Approved Site Plan
3. Vicinity Map
4. Project Plans
5. Ordinance No. 1486
6. Approved Creek Setback Exception Map
7. Mitigated Negative Declaration
Included in Commission Member Packet: Project Plans
Available at ARC Hearing: Color and Materials Boards
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RESOLUTION NO. ARC- -18
A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL
REVIEW COMMISSION APPROVING A NEW MIXED-USED
DEVELOPMENT THAT INCLUDES: 94 RESIDENTIAL UNITS, 2,463
SQUARE FEET INDOOR RESIDENTIAL AMENITY SPACE, OUTDOOR
RESIDENTIAL AMENITY SPACE, 3,488 SQUARE FEET COMMERCIAL
SPACE; AND CREEK SETBACK EXCEPTIONS AND AN INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION THAT TIERS OFF
THE CERTIFIED 2005 FINAL EIR FOR THE FOUR CREEKS REZONING
PROJECT, AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED FEBRUARY 5, 2018, 791 ORCUTT ROAD AND
3330 & 3360 BROAD STREET (ARCH-0050-2017 & EID-0274-2017)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on February 5, 2018, pursuant to a proceeding instituted under ARCH-0050-
2017 & EID-0274-2017, New Heritage Family LP, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has
duly considered all evidence, including the testimony of the applicant, interested parties, and
evaluation and recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of
the City of San Luis Obispo as follows:
SECTION 1. Findings. The Architectural Review Commission hereby grants final
approval to the project (ARCH-0050-2017 & EID-0274-2017), based on the following findings:
1. The project will not be detrimental to the health, safety, and welfare of persons living or
working at the site or in the vicinity because the project respects site constraints and will
be compatible with the scale and character of the neighborhood.
2. The proposed project is consistent with Housing Element Policies 4.2 and 5.2 because it
provides the project provides infill, high-density residential that provides both market rate
and affordable apartments and provides housing near an activity center.
3. As conditioned, the project design maintains consistency with the City's Community
Design Guidelines by providing architectural design that complements the character,
height and scale of the surrounding neighborhood and is consistent with the approved
planned development.
ATTACHMENT 1
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Resolution No. ARC- -18
791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017
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4. As conditioned, the project meets all the findings within the 2005 Final EIR for Mitigation
Measure AES/mm-2 as follows:
a) As conditioned, the project maintains a high quality of craftsmanship in
development through use of authentic building styles, design elements, and
materials.
b) As conditioned, the project buildings are clustered to achieve a “village” scale. The
various buildings are designed to create a visual and functional relationship with
one another.
c) As conditioned, the project buildings provide a sense of human scale. The project
buildings incorporate significant wall and roof articulation to reduce apparent scale.
Roofs are multi-planed to avoid large, monotonous expanses. Horizontal and
vertical wall articulation are expressed through the use of elements such as wall
offsets, recessed windows and entries, awnings, and second floor setbacks.
d) The project buildings incorporate setbacks at the ground floor level and/ or upper
levels (stepped-down) along street frontages such that they do not visually dominate
the adjacent neighborhood.
e) The project buildings’ elements are in proportion. Building designs demonstrate
continuity, harmony, simplicity, rhythm, and balance and are in proportion to one
another.
f) The project's internal streets are designed as if they were pleasing public streets,
with comprehensive streetscapes including sidewalks, and planting strips between
curb and sidewalk with canopy trees.
g) The project landscaping is planned as an integral part of the overall design and not
simply located in “left over” areas. Landscaping is used to help define outdoor
spaces, soften the project structures’ appearance, and to screen parking, loading,
storage, and equipment areas.
h) Where visual screening at ground level is required (for those portions of the
development visible from Broad Street and Orcutt Road), the project utilizes a
combination of elements as appropriate, such as walls, berms, and landscaping.
i) The project maintains views of the South Street Hills and the Santa Lucia Foothills
to the greatest extent possible.
5. The propose setback exception is consistent with the approved Planned Development, the
2005 Final EIR and:
ATTACHMENT 1
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Resolution No. ARC- -18
791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017
Page 3
a) Will minimize impacts to scenic resources, water quality, and riparian habitat,
including opportunities for wildlife habitation, rest, and movement as described in
the Final EIR and the MND; and
b) Will not limit the city’s design options for providing flood control measures that
are needed to achieve adopted city flood policies; and
c) Will not prevent the implementation of the city-adopted plans, nor increase the
adverse environmental effects of implementing such plans as described in the Final
EIR and MND; and
d) Will not constitute a grant of special privilege or an entitlement inconsistent with
the limitations upon other properties in the vicinity with the same zoning; and
e) Will not be detrimental to the public welfare or injurious to other property in the
area of the project or downstream.
SECTION 2. Environmental Review. The Architectural Review Commission hereby
adopts the proposed Mitigated Negative Declaration of Environmental Impact which finds that
with incorporation of mitigation measures, environmental impacts will be less than significant.
Below are new mitigation measures that are in addition to the mitigation measures that are a part
of the 2005 Final EIR which is attached to this Resolution as Exhibit A.
Biological
BIO-1-2017: The Building Plan submittal shall include landscape plans that show at least one 15-
gallon coast live oak tree being replanted on the site as part of the landscape to replace the removal
of the 12-inch oak tree.
➢ Monitoring Program: The landscape plan shall be submitted and approved by the City
Arborist and Community Development Director prior to issuance of any grading and
construction permits.
BIO-2-2017: Building Plan submittal shall show the removal of the large 24-inch eucalyptus tree
in the bank of Sydney Creek with a lean towards the proposed structure D. All tree removals and
all necessary pruning of the other specimens shall be done by a Certified Arborist.
➢ Monitoring Plan: Grading and building plans shall show and outline all the tree removals.
Grading and building plans will be reviewed by City’s Arborist for compliance with the
mitigation measure and Tree Protection of the City’s 2016 standard specifications Section
77-1.03A(2) to ensure sufficient details are clearly visible for contractors and City
inspectors. City staff will periodically inspect the site for continued compliance with the
above mitigation measure.
ATTACHMENT 1
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Resolution No. ARC- -18
791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017
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Transportation/Traffic
TR-1-2017: Prior to the issuance of building permits the applicant shall design and install a traffic
signal at the intersection of Sacramento & Orcutt Road. Traffic Signal warrant analysis shall be
conducted prior to design and installation and based on that analysis alternative mitigation may be
substituted to the satisfaction of the Public Works Director. Costs for implementing mitigation
measures above and beyond the applicant’s fair share percentage are eligible for Transportation
Impact Fee credits or reimbursement agreement.
➢ Monitoring Program: Requirements shall be clearly noted on all plans for project grading
and construction, to be verified by the City Public Works Department.
SECTION 3. Action. The Architectural Review Commission (ARC) hereby grants final
approval to the project with incorporation of the following conditions:
Planning
1. The applicant 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
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate
in the defense against an Indemnified Claim.
2. Project shall comply with all conditions outlined in the Planned Development Ordinance
No. 1486 (2005 Series).
3. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the ARC. A separate, full-size
sheet shall be included in working drawings submitted for a building permit that lists all
conditions of project approvals listed as sheet number 2.
4. Reference shall be made in the margin of listed items as to where in plans requirements are
addressed. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
5. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with
the color and material board submitted with Architectural Review application.
6. The locations of all lighting, including bollard style landscaping or path/parking lighting,
shall be included in plans submitted for a building permit. All wall-mounted lighting
ATTACHMENT 1
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Resolution No. ARC- -18
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fixtures shall be clearly called out on building elevations included as part of working
drawings. All wall-mounted lighting shall complement building architecture, subject to the
approval of the Community Development Director. The lighting schedule for the building
shall include a graphic representation of the proposed lighting fixtures and cut-sheets on
the submitted building plans. The selected fixture(s) shall be shielded to ensure that light
is directed downward consistent with the requirements of the City’s Night Sky Preservation
standards contained in Chapter 17.23 of the Zoning Regulations.
7. Plans submitted for a building permit shall clearly depict the type of bicycle rack proposed,
location and dimensions of all short and long-term bicycle parking. Sufficient detail shall
be provided about the placement and design of bike racks and lockers to demonstrate
compliance with relevant Engineering Standards and Community Design Guidelines, to
the satisfaction of the Public Works and Community Development Directors.
8. Plans submitted for a building permit shall include window details indicating the type of
materials for the window frames and mullions, their dimensions, and colors for the Water
Resource Center. Plans shall include the materials and dimensions of all lintels, sills,
surrounds recesses and other related window features. Plans shall demonstrate the use of
high quality materials for the windows that reflect the architectural style of the project and
are compatible with the neighborhood character, to the approval of the Community
Development Director.
9. The plans submitted for building permit shall include additional colors and/or materials to
be used on the proposed project to further differentiate the various buildings from one
another to the satisfaction of the Community Development Director. Materials and colors
shall be compatible with one another.
10. Plans submitted for a building permit shall include architectural elements (awnings,
porches, etc.) at front door entries in order to provide a sense of human scale within the
project to the satisfaction of the Community Development Director.
11. Plans submitted for building permit shall include varied window trim detailing.
12. Plans submitted for a building permit shall include variation in the materials used and more
privacy and screening in the railing design.
13. The project shall include a total of 188 long-term bicycle parking spaces and 34 short-term
spaces as shown on the project plans.
14. Mechanical and electrical equipment shall be located internally for the Water Resource
Center building. With submittal of working drawings, the applicant shall include sectional
views of the building, which clearly show the sizes of any proposed condensers and other
mechanical equipment. If any condensers or other mechanical equipment is to be placed
on the roof, plans submitted for a building permit shall confirm that parapets and other roof
features will adequately screen them. A line-of-sight diagram may be required to confirm
ATTACHMENT 1
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Resolution No. ARC- -18
791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017
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that proposed screening will be adequate. This condition applies to initial construction and
later improvements.
15. The location of any required backflow preventer and double-check assembly shall be
shown on all site plans submitted for a building permit, including the landscaping plan.
Construction plans shall also include a scaled diagram of the equipment proposed. Where
possible, as determined by the Utilities Director, equipment shall be located inside the
building within 20 feet of the front property line. Where this is not possible, as determined
by the Utilities Director, the back-flow preventer and double-check assembly shall be
located in the street yard and screened using a combination of paint color, landscaping and,
if deemed appropriate by the Community Development Director, a low wall. The size and
configuration of such equipment shall be subject to review and approval by the Utilities
and Community Development Directors.
16. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees
with corresponding symbols for each plant material showing their specific locations on
plans.
17. Plans submitted for a building permit shall include a pedestrian bridge over Sidney Creek
between the Orcutt portion of the site and Broad Street development.
18. Plans submitted for a building permit shall show creek setbacks that are consistent with the
approved project plans to the satisfaction of the Community Development Director and the
Natural Resources Manager.
19. Plans submitted for building permit shall verify that the residential sign is outside of the
line-of sight triangle.
20. The applicant shall submit a sign application for a residential sign and commercial signage
that is consistent with dimensions and design in the project plans. The application shall
include additional details such as colors, materials and lighting that comply with the Sign
Regulations (M.C. Section 15.40.100).
Utilities
21. The proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time the building permit is obtained, and shall have reasonable
alignments needed for maintenance of public infrastructure along public roads.
22. The site is within the City’s Recycled Water Master Plan area, therefore the landscape
irrigation for the project shall utilize recycled. The project shall contribute to the
reimbursement agreement currently in effect for the 8” recycled water main improvements
previously constructed along the north frontage of the project by the adjacent developer to
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the east. Reimbursement documentation shall be verified prior to issuance of building
permit.
23. The private irrigation system shall be designed and operated as described consistent with
recycled water standards in 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.
24. If commercial uses in the project include food preparation, provisions for grease
interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall
be provided with the design. These types of facilities shall also provide an area inside to
wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary
sewer.
25. Any private sewer services that cross one parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded
prior to final Building Permit.
26. The project’s commercial and residential uses shall be metered separately with one master
meter for the apartment complex. Per Chapter 13.4.120 of the City’s Municipal Code,
separate parcels will be supplied through individual water service connections and private
service lines shall not cross parcel boundaries.
27. All dwelling units are to be individually sub-metered with a private meter.
28. Public sewer and water pipe infrastructure shall not extend into private access roads. The
apartment complex shall connect to the sewer main along Sacramento Drive with a private
collection system extending into the project’s parcel.
29. The project will be responsible for contributing its fair share for off-site improvements to
the City’s wastewater collection system along Capitolio Way from Broad Street to the
eastern end of the street. Pending publication of the 2018 Capacity and Connection Fees,
the fair share will be included in the 2018 Impact Fee schedule, or it will be included in a
reimbursement agreement for the sewer capacity expansion programed from manhole
M15-1 to manhole M14-8.
Transportation
30. Access rights along Broad Street and Orcutt Road, except at approved driveway locations
shown on the tentative map, shall be dedicated to the City.
31. Applicant shall satisfy their financial participation in following mitigation measures as
adopted by Resolution No. 9747 and No 9749 detailed below.
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a) TR/mm-1 Broad Street & South Street Improvements
Pursuant to the Four Creek EIR mitigation measures shown in Resolution 9747 the
project is required to share in the cost of interim and permanent improvements at
the intersection of South Street. Prior to the issuance of building permits the project
shall pay a fair share amount towards these improvements subject to approval of
the Public Works Director, currently estimated at $157,829.
b) TR/mm-2 Broad Street & Capitolio Way Improvements
Prior to issuance of building permits the applicant shall pay the Citywide traffic
impact fee at the rate in effect at the time of building permit issuance.
c) TR/mm-4 Orcutt Road/Laurel Lane Improvements
The project is required to share in the cost of improvements for widening of Orcutt
Road/Laurel Lane. Prior to the issuance of building permits the project shall pay a
fair share amount towards these improvements subject to approval of the Public
Works Director, currently estimated at $21,984.
d) TR/mm-4, TR/mm-5 Orcutt Road Improvements
Prior to issuance of building permits the applicant shall pay costs to recover prior
frontage improvements that were completed on behalf of the property along Orcutt
Road subject to the approval of the Public Works Director. The amount is currently
estimated at $381,060 of which $256,290 is to pay back previously loaned City
Transportation Impact Fees that were used to advance these public improvements
required for the project.
32. Prior to issuance of building permits the applicant shall design and install a traffic signal
at the intersection of Sacramento Drive & Orcutt Road to the satisfaction of the Public
Works Director. Partial costs are subject to credit from the project’s Transportation Impact
Fees responsibilities and possible fair share reimbursement from adjacent development
projects.
33. The parking lot along Broad Street shall be modified to provide for adequate setback from
Broad Street to the first perpendicular parking stalls spaces and driveway.
Public Works
34. Any required off-site public improvements related to conditions of approval or mitigation
measures shall be completed under a separate public improvement plan submittal.
Improvements located within the public right-of-way will require a separate encroachment
permit an associated inspection fees. A separate plan review fee payable to the Public
Works Department will be required for the review of the improvement plan submittal. Said
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review fee shall be in accordance with the miscellaneous public improvement plan review
fee resolution in effect at the time of the permit application submittal.
35. The building plan submittal shall show and label all property line dimensions and bearings
for reference.
36. All existing properties shall be merged, or lot lines shall otherwise be adjusted prior to
building permit issuance unless otherwise approved by the City Building and Planning
Divisions. If properties are not merged, public and/or private easements may be required
as a condition of building permit issuance.
37. Development of the driveway and parking areas shall comply with the Parking and
Driveway Standards for dimension, maneuverability, slopes, drainage, and materials.
Alternate paving materials are recommended for water quantity and/or quality control
purposes and in the area of existing or proposed trees and where the driveway or parking
area may occur within the dripline of any tree. Alternate paving material shall be approved
to the satisfaction of the Planning Division.
38. The building plan submittal shall include a complete site utility plan. All existing and
proposed utilities along with utility company meters shall be shown. Existing underground
and overhead services shall be shown along with any proposed alterations or upgrades.
Services to the new structures shall be underground. All work in the public right-of-way
shall be shown or noted.
39. The building plan submittal shall show the location of any existing private water well and
private waste disposal system for reference if applicable. Show or note the disposition of
any well, septic tank, or leach field. Abandonment of a water well or private waste disposal
system shall be in accordance with local ordinance, plumbing code requirements, and state
requirements. The project will need to verify all private systems were properly abandoned
for the houses located at 791 Orcutt, 3330 Broad, and 3360 Broad that were previously
demolished.
40. The building plan submittal will clearly label all creeks, top of bank and creek setbacks.
41. The building plan submittal shall include a complete grading and drainage plan for this
project. The plan shall show the existing and proposed contours and/or spot elevations to
clearly depict the proposed grading and drainage. Show and label the high point elevation
or grade break at the yard areas and drainage arrows to show historic drainage. Include the
finished floor elevation of the proposed structures. Show all existing and proposed drainage
courses, pipes and structures; indicate the size, type and material.
42. Any proposed stormwater features or other improvements located within the Public right -
of-way shall be specifically reviewed and approved by the city. If approved, improvements
shall require the recordation of an encroachment agreement.
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43. The building plan submittal shall include a complete drainage report and plans prepared in
accordance with the Waterways Management Plan, Volume III, Drainage Design Manual,
Floodplain Management Regulation, and the Post Construction Stormwater Requirements
as promulgated by the Regional Water Quality Control Board.
44. The final drainage strategy shall consider reducing and/or eliminating the number of new
storm drain outlet structures located within the creek channels.
45. The building plan submittals shall show all buildings, building pads, and bridges one foot
above the base flood elevation of the creeks in accordance with the Floodplain
Management Regulations.
46. Work adjacent to, over, or within a channel or creek may require the approvals of California
Department of Fish and Wildlife (CDFW), The Army Corp of Engineer’s, and/or the
Regional Water Quality Control Board. A copy of any required permits or a written permit
waiver or exemption for the same shall be provided to the City prior to demolition, grading,
and/or building permit issuance.
47. The City and Regional Water Quality Control Board have not endorsed the Water
Management Zone change from Zone 1 to Zone 3 for this project. The final drainage report
and post construction stormwater compliance strategy will be for Water Management Zone
1.
48. An operations and maintenance manual will be required for the post construction
stormwater improvements. The manual shall be provided at the time of building permit
application and shall be accepted by the City prior to building permit issuance. A private
stormwater conveyance agreement will be required and shall be recorded prior to final
inspection approvals.
49. EPA Requirement: General Construction Activity Storm Water Permits are required for
all storm water discharges associated with a construction activity where clearing, grading
or excavations result in land disturbance of one or more acres. Storm water discharges of
less than one acre, but which is part of a larger common plan of development or sale, also
requires a permit. Permits are required until the construction is complete. To be covered
by a General Construction Activity Permit, the owner(s) of land where construction activity
occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee,
to the State Regional Water Quality Control Board. An application is required to the State
Board under their recently adopted Stormwater Multi-Application, Reporting, and
Tracking System (SMARTS).
50. The building plan submittal shall include a copy of the Storm Water Pollution Prevention
Plan (SWPPP) for reference. Incorporate any erosion control measures into the building
plans as required by the Board, identified in the SWPPP, and in accordance with Section
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10 of the city’s Waterways Management Plan. The building plan submittal shall include
reference to the WDID number on the grading and erosion control plans for reference.
51. The City Arborist supports the proposed tree removals with the compensatory tree
plantings shown on the landscaping plan and the project mitigation measures.
On motion by_______________, seconded by _______________, and on the following roll
call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 5th day of February 2018.
_____________________________
Doug Davidson, Secretary
Architectural Review Commission
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RESOLUTION NO. 9747 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE GENERAL PLAN LAND USE ELEMENT
MAP IN CONCEPT AND CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE FOUR CREEKS RESIDENTIAL
REZONING PROJECT (GPA/ER 114 -02)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2005, for the purpose of considering Planning Application GPA/ER 114 -02, a City initiated
General Plan map amendment to re- designate approximately 17 acres of land from Services and
Manufacturing to High Density Residential and Community Commercial; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the General Plan
amendment and Final Environmental Impact Report (EIR); and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3, 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
making recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project; and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Based upon all the evidence, the Council makes the following findings in
support of the General Plan Amendment:
The High Density Residential land use designation proposed for the site is consistent with
the General Plan because it will further Housing Element goals for mixed - income
housing (HE Goal 4.1), housing variety and tenure (HE Goal 5.1), and housing
production (HE Goal 6.1) by establishing a land use designation that will allow for the
creation of a new residential neighborhood of approximately 264 dwellings on an "infill"
R 9747
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Resolution No. 9747 (2005 en es)
Page 2
site that is suitable for housing because the environmental impacts of the project and
development related policies in the General Plan have been considered and are reflected
in the project's proposed design.
2. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because it will further Land Use Element Goal 31, which promotes a
compact urban form.
3. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because the project has been designed in a manner that is consistent
with City Open Space Element policies for development adjacent to creeks, wetlands and
other habitat areas. Features of the project design include significant riparian
enhancement, Best Management Practices for water quality, and on -site, in -kind
replacement for potential creek and wetland impacts. The project furthers Open Space
Element goals
4. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because the project will meet the noise exposure standards provided in
the Noise Element for interior spaces and outdoor -use areas. The required levels of noise
reduction will be achieved using construction techniques and the strategic placement of
buildings relative to open space areas, including the limited use of sound barriers.
5. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because the project will mitigate all of the transportation related project
impacts as required by the Circulation Element. The project is also designed in a manner
that mitigates impacts to scenic corridors because the proposed buildings will not "wall
off' scenic roadways or block views.
6. The Community Commercial land use designation is consistent with the General Plan and
with the site location along an arterial road and a regional highway because the project is
designed to accommodate mixed -use development with neighborhood serving retail uses
and community serving office uses such as medical offices. Through the Planned
Development zoning process the City has control over allowed uses on the site to insure
consistency with the City's Mixed -Use Regulations and to insure on -going compatibility
between commercial and residential uses on the project site.
Section 2. Environmental Review. The City Council does hereby certify the Final EIR,
and adopts Findings of Mitigation, a Mitigation Measure Monitoring Program and a Statement of
Overriding Considerations for the project as outlined in Exhibit A.
Section 3. General Plan Amendment. The City Council does hereby direct staff to place
the adoption of the General Plan amendment to re- designate the project site from Services and
Manufacturing to High Density Residential and Community Commercial, as shown in Exhibit B,
on the Council's agenda of December 6, 2005, so that the amendment can be coordinated with
other possible amendments that may occur this calendar year.
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Resolution No. 9747 (2005 Series)
Page 3
On motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown and Settle and Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 15`
x' day of November 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
ATTACHMENT 1
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EXHIBIT A
CEQA FINDINGS
I. Introduction ............................................................................... ............................... 2
II. Project Description .................................................................... ............................... 3
A. Project Location ................................................................... ............................... 3
B. Project Objectives ................................................................ ............................... 3
C. Project Components ............................................................. ..............................3
111. The Record ............................................................................... ............................... 4
IV. Final Environmental Impact Report ........................................... ............................... 5
A. References .......................................................................... ............................... 5
B. EIR Preparers .................................................................... ............................... 10
C. Certification of the Final EIR .............................................. ............................... 10
V. Findings For Significant Environmental Effects and Mitigation Measures for the
ProposedProject ..................................................................... ............................... 11
A. Biological Resources ......................................................... ............................... 12
B. Transportation and Circulation ........................................... ................... .I........... 22
C. Air Quality .......................................................................... ............................... 37
D. Noise ................................................................................. ............................... 45
E. Hazards and Hazardous Materials ..................................... ............................... 51
F. Utilities ............................................................................... ............................... 54
G. Aesthetic Resources .......................................................... ............................... 56
H. Issues Evaluated With Insignificant Impacts ...................... ............................... 63
VI. Cumulative and Growth Inducing Impacts ............................... ............................... 69
A. Cumulative Impacts ........................................................... ............................... 69
B. Growth Inducing Impacts ..................................................... .............................69
VII. Findings for Alternatives to the Proposed Project ................... ............................... 71
A. Introduction ........................................................................ ............................... 71
B. Description of Alternatives ................................................. ............................... 71
C. Findings ............................................................................. ............................... 72
VIII. Statement of Overriding Considerations ................................. ............................... 75
A. Introduction ........................................................................ ............................... 75
B. Findings ............................................................................. ............................... 75
IX. Mitigation Monitoring Program ................................................ ............................... 77
ATTACHMENT 1
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
CITY OF SAN LUIS OBISPO
COMMUNITY DEVELOPMENT DEPARTMENT
Certification of a Final Environmental Impact Report,
Findings of Mitigation, and Adoption of Mitigation Monitoring Program
For the Four Creeks Rezoning Project
I. INTRODUCTION
The City of San Luis Obispo (City) has decided to approve the Four Creeks Rezoning Project
project). The City is the lead agency under the California Environmental Quality Act (CEQA)
and has certified an environmental impact report (EIR) for the project.
Section 15091 of the CEQA Guidelines and Section 21081 of the Public Resources Code require
a lead agency to adopt findings for each significant environmental impact disclosed in an EIR.
Specifically, for each significant impact, the lead agency must find that:
Changes or alterations have been required in, incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
EIR;
Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency; or,
Specific economic, social, legal, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
In addition to making a finding for each significant impact, if the lead agency approves a project
with unavoidable significant environmental effects, the lead and responsible agency are required
by CEQA to prepare a Statement of Overriding Considerations. The Statement of Overriding
Considerations is a written statement explaining why the agency is willing to accept each
significant effect ( Public Resources Code Section 21081; CEQA Guidelines Section 15093).
This requires the decision -maker to balance the benefits of the project against the unavoidable
environmental risks. The statement of overriding considerations must explain the specific
overriding social, economic, legal, technical, or other beneficial project aspects, based on
substantial evidence in the record. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by facts.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
II. PROJECT DESCRIPTION
A. PROJECT LOCATION
The project site consists of 11 parcels, ranging in size from 0.32 to 7.32 acres totaling
approximately 17.7 acres, located southeast of the intersection of Orcutt Road and Broad Street
State Highway 227) in the City of San Luis Obispo. Bishop Creek runs along the western border
of the site, and Alrita -Carla Creek runs along the southern border. Sydney Creek and "Escorp
Drainage" also traverse the site.
B. PROJECT OBJECTIVES
The primary objective of the proposed project is to amend the designation on the City's General
Plan Land Use Map and rezone the parcels from the C -S -S (Service - Commercial Special
Considerations) and M -PD (Manufacturing Planned Development) to R -4 -S (High Density
Residential Special Considerations) and R-4 -PD (High Density Residential Planned
Development). Existing land zoned C -S -S along Orcutt Road and Broad Street would be
rezoned to C -S -PD to allow for mixed -use development. These land use designation and zoning
changes would allow for the implementation of two development plans, Tumbling Waters and
Creekst6n, covering different portions of the proposed project site.
The proposed project was initiated in part by a request from the San Luis Obispo City Council to
rezone the parcels to allow for high - density housing. In addition to the primary objective
identified above, the proposed project incorporates several other community objectives that were
identified in meeting and discussions with various community groups. These objectives include
the creation of community facilities, providing homes at affordable prices, maximization of the
number of units while minimizing building coverage, varied architectural styles, energy
efficiency, and several others.
C. PROJECT COMPONENTS
The proposed Four Creeks Rezoning Project involves the rezoning and/or development of three
primary project components: Tumbling Waters, Creekst6n, and four separately owned parcels
located on Broad Street, collectively referred to as the Broad Street Parcels (refer to Figure III -
4).
The Tumbling Waters component would include 175 residential units on 11.63 acres. The homes
within the development would consist of two different residential product types: 152 fourplex
units (three -story units over basement garages, ranging from 773 to 1,456 square feet) and 23
duplex units (two -story units over basement garages, ranging. from 1,349 to 1,465 square- feet),
for a total of 175 homes. In addition, there would be a 2,750 square -foot multipurpose building
and fitness center, children's playground, and water gardens located within the core of the
development as well as a paved outdoor plaza that includes a school bus drop - off/pick -up.
The Creekst6n component of the proposed project would include a total of 86 residential units,
approximately 7,200 square feet of commercial floor area, and a 2,500 square foot day care
facility on approximately 5. 3 acres. The portions of the Creekst6n component fronting Orcutt
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Road and Broad Street are proposed mixed -use building types, which include commercial floor
area with residential lofts above.
The remaining land along Broad Street proposed for rezoning includes approximately 1.8 acres
on four separate properties. The properties are currently developed with residential uses. Under
the proposed zoning, a total of 24 two - bedroom units could be developed. As a conservative
measure, in order to account for possible density bonuses; etc., this EIR assumes a maximum
development potential of 36 two - bedroom units.
III. THE RECORD
For the purposes of CEQA and the Findings, the record of the Planning Commission relating to
the application includes:
Documentary and oral evidence received and reviewed by the Planning Commission
during the public hearing on the project;
C The October 2005 Four Creeks Rezoning Project Final EIR;
C The City of San Luis Obispo Four Creeks Rezoning Project application and
supporting materials;
The October 2005 Four Creeks Rezoning Project Final EIR Staff Report prepared for
the Planning Commission;
Matters of common knowledge to the Commission which it considers, such as:
The City of San Luis Obispo General Plan, including the elements thereof, land
use maps, etc.;
The City of San Luis Obispo Municipal Code;
The City of San Luis Obispo Zoning Regulations and Zoning Map; -
The City of San Luis Obispo Community Design Guidelines;
The California Environmental Quality Act (CEQA) and the CEQA Guidelines.
The SLO APCD 2001 Clean Air Plan;
Other formally adopted City, State and Federal regulations, statutes, policies, and
ordinances; and,
City of San Luis Obispo Four Creeks Rezoning Project.
This document contains the findings and statement of overriding considerations for the approval
of the Four Creeks Rezoning Project and reflects the City's independent judgment. The
documents and other items of the administrative record are available for review at:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
Contact: Michael Codron
805) 781 -7175
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
IV. FINAL ENVIRONMENTAL IMPACT REPORT
The Four Creeks Rezoning Project Final EIR was prepared in accordance with the State and City
administrative guidelines established to comply with the California Environmental Quality Act
CEQA) of 1970, as amended. The purpose of the Final EIR was to identify the proposed
project's significant effects on the environment, to indicate the manner in which such significant
effects shall be mitigated or avoided, and to identify alternatives to the proposed project that
avoid or reduce these impacts. This Final EIR was intended to serve as an informational
document for use by the City of San Luis Obispo, other responsible agencies, the general public,
and decision makers in their consideration and evaluation of the environmental consequences
associated with the implementation of the proposed project. This document was provided to the
public and decision makers for their review and comment as required by CEQA.
The initial study and Notice of Preparation of the Draft EIR were circulated to appropriate public
agencies, organizations, and interested groups and individuals for a 30 -day comment period that
ran from July 9, 2004 through August 9, 2004. The Draft EIR was distributed to responsible and
trustee agencies, other affected agencies, surrounding cities, and interested parties, as well as all
parties requesting a copy of the Draft EIR in accordance with Public Resources Code
21092(b)(3). The Notice of Completion of the Draft EIR was also distributed as required by
CEQA. The 45 -day public review period began on May 23, 2005 and ended on July 15, 2005.
Written responses to all significant environmental issues raised were prepared and included as
part of the Final EIR and the environmental record for consideration by decision- makers for the
project.
A. REFERENCES
1. Biological Resources
Baicich, P. J., & Harrison, C. J. O. (1997). A guide to the nests, eggs, and nestlings of North
American birds (2nd ed.). San Diego: Academic Press.
Bent, A. C. (1942). Life histories of North American flycatchers, larks, swallows, and their
allies. U.S. Natl. Mus. Bull., 179, 1 -555.
CalFlora. (2004). CalFlora occurrence database. Retrieved October 12, 2004, from
http://www.calflora.org
Tibor, D. P. (Ed.). (2001). Inventory of rare and endangered plants of California (6d' ed.).
Sacramento: California Native Plant Society.
California Native Plant Society (CNPS). (2004). Blue gum eucalyptus. Retrieved October 12,
2004, from http: / /www.calflora. org /cgi- bin /species_query.cgi ?where- calrecnum =3534
California Natural Diversity Data Base (CNDDB). (2004). San Luis Obispo and Morro Bay
South, USGS 7.5- minute quadrangle overlays. Sacramento: California Department of
Fish and Game.
City of San Luis Obispo. (2004). Species of Local Concern: Insects. Retrieved October 21,
2004, from httn:// www. ci. san- luis- obisno. ca. us /naturalresources /insects.asp
1111612005 5
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Cowardin, L. M., V. Carter,. F. C. Golet, & E. T. LaRoe. (1979). Classification of wetlands and
deepwater habitats of the United States (FWSIOBS- 79/31). Washington, D.C.: U.S. Fish
and Wildlife Service.
Edell, T. (2004, June 17). Western yellow - billed cuckoo record. Message posted to
http:// www. surfbirds .com/phorum/read.php ?f =75 &i= 1623 &t =1623
Environmental Laboratory. (1987). U.SArmy Corps of Engineers wetlands delineation manual
Technical Report Y- 87 -1). Vicksburg: U.S. Army Engineer Waterways Experiment
Station.
Grinnell, J., & A. H. Miller. (1986). The distribution of the birds of California (Pacific Coast
Avifauna No. 27). Lee Vining: Artemisia Press.
Harrison, C. (1978). Afield guide to the nests, eggs and nestlings of North American birds.,
Cleveland: W. Collins Sons and Co.
Holland, R. F. (1986). Preliminary descriptions of the terrestrial natural communities of
California. State of California. Sacramento: State of California, The Resources Agency,
California Department of Fish and Game.
Holland, V. L., & D. J. Keil. (1995). California vegetation. Dubuque: Kendall/Hunt Publishing
Company.
Jennings, M. R., & M. P. Hayes. (1994). Amphibian and reptile species of special concern in
California. Rancho Cordova: California Department of Fish and Game.
NOAA Fisheries. (1998, October 26). Concurrence letter.
Raleigh, R. F., T. Hickman, R. C. Soloman, & P. C. Nelson. (1984). Habitat suitability
information: rainbow trout (Report USFWSIOBS- 82110.60). Washington, D.C.: U.S.
Department of the Interior.
Zeiner, D. C., W. F. Laudenslayer, Jr., K. E. Mayer, & M. White (Eds.). (1990). California's
Wildlife (Vols. 1 -3). Sacramento: California Statewide Wildlife Habitat Relationships
System, The Resources Agency, California Department of Fish and Game.
2. Transportation and Circulation
California Department of Transportation. (1996). Highway Traffic Manual.
City of San Luis Obispo Public Works Department. (2000). Traffic Impact Study Preparation
Guidelines.
City of San Luis Obispo. (1994). Circulation Element.
City of San Luis Obispo. (2004). Municipal Code.
Institute of Transportation Engineers. Trip Generation (Seventh Edition).
State of Florida Department of Transportation. (2002). 2002 Quality/Level of Service Handbook.
Transportation Research Board. (2000). 2000 Highway Capacity Manual. Special Report 209.
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3. Air Quality
Air Pollution Control District, County of San Luis Obispo. (2001). Clean Air Plan, San Luis
Obispo County.
Air Pollution Control District, County of San Luis Obispo. (2003). CEQA Air Quality
Handbook, A Guide for Assessing the Air Quality Impacts for Projects Subject to CEQA
Review.
4. Noise
City of San Luis Obispo. (1996). General Plan Noise Element. San Luis Obispo, California:
Community Development Department.
Lord, David (2001). Noise Study Report Prepared for 791 Orcutt Road. David Lord Acoustics
and Noise Consulting.
5. Hazards and Hazardous Materials
City of San Luis Obispo. (2000). General Plan Safety Element. San Luis Obispo, California:
Community Development Department.
Earth Systems Pacific (2004). Results of the Phase H Assessment Proposed Four Creeks
Development Orcutt Road at SPRR Tracks, San Luis Obispo, California.
6. Utilities
City of San Luis Obispo. (2004). General Plan Water and Wastewater Element. San Luis
Obispo, California: Community Development Department..
City of San Luis Obispo. (2004). Water Resources Status Report. San Luis Obispo, California:
Public Works Utilities Department.
City of San Luis Obispo. (2003). Tank Farm Gravity Sewer and Lift Station. San Luis Obispo,
California: Public Works Utilities Department.
City of Santa Barbara. (1989). Water Demand Factor and Conservation Study. Santa Barbara
California: Community Development Department.
Environmental Science Associates (1998) Final Woodlands. Specific Plan Environmental Impact
Report. Community of Nipomo, San Luis Obispo County California.
7. Aesthetic Resources
City of San Luis Obispo. (1994). General Plan Circulation Element. San Luis Obispo,
California: Community Development Department.
City of San Luis Obispo. (2002). General Plan Digest of the Open Space Element. San Luis
Obispo, California: Community Development Department.
City of San Luis Obispo. (2004). General Plan Land Use Element. San Luis Obispo, California:
Community Development Department.
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8. Issues Evaluated with Insignificant Impacts
a. Geology and Hydrology
Earth Systems Pacific (2004). Soils Engineering Report for Tumbling Waters, San Luis Obispo,
California.
GSI Soils Inc. (2004). Updated Geotechnical Investigation for the Creekston Development San
Luis Obispo, California.
Crowe, Keith V. (2004) Analysis of the Tumbling Waters Storm Water Detention System. EDA
Inc. San Luis Obispo, California.
Triad/Holmes Associates (2004) Drainage Report for the Creekston Mixed Use Development.
San Luis Obispo, California.
b. Cultural Resources
Angel, M. (1883). History of San Luis Obispo County. Oakland, California: Thompson & West.
Reprinted 1979 Fresno, California: Valley Publishers.
Applegate, R.B. (1975). An Index of Chumash Place Names, Papers on the Chumash: San Luis
Obispo County Archaeological Society Occasional Paper No. 9. San Luis Obispo
County, California: San Luis Obispo County Archaeological Society.
Bertrando, B. (1994, July 16). Historic Records Search for Stickler Parcels, Broad Street and
Orcutt Road, San Luis Obispo, CA. Prepared for R.O. Gibson, Project Archaeologist.
San Luis Obispo, California: Bertrando and Bertrando Research Consultants.
Best, G.M. (1981). Ships and Narrow Gauge Rails: The Story of the Pacific Coast Company. San
Diego, California: Howell - North.
Breschini, G.S., Haversat, T., & Erlandson, J. (1986). California Radiocarbon Dates (4th ed.).
Salinas, California: Coyote Press.
Brock, J. & Wall, R.J. (1986, November). A Cultural Resources Assessment of Selected Study
Areas Within the City of San Luis Obispo. Prepared for the U.S. Corps of Engineers.
Newport Beach, California: The Archaeological Advisory . Group. On file with the
Information Center at the University of California at Santa Barbara.
Gammage, G., Jones, P.N., & Jones, S. (1975). Historic Preservation in California: A Legal
Handbook. Stanford, California: Stanford Environmental Law Society.
Gibson, R.O. (1979, November). Preliminary Inventory and Assessment of Indian Cultural
Resources at Lodge Hill, Cambria, CA. Manuscript on file with San Luis Obispo County
Engineering Department, California. On file with the Information Center at the
University of California at Santa Barbara.
Gibson, R.O. (1990). The Chumash in Indian ofNorth America. New York, New York: Chelsea
House Publishers.
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Gibson, R.O. (1994, June). Results of Phase. One Archaeological Surface Survey for the Stickler
Project, Broad Street and Orcutt Road, San Luis Obispo, California. Prepared for Strong
Planning Services, San Luis Obispo, California. On file with Information Center at the
University of California at Santa Barbara.
Gibson, R.O. (1998, April 29). Results of Phase One Archaeological Surface Survey for the
Beko Project, Orcutt Road, San Luis Obispo, CA. Prepared for Norman Beko, Santa
Maria, CA. On file with Information Center at the University of California at Santa
Barbara.
Greenwood, R.S. (1972). 9,000 Years of Prehistory at Diablo Canyon, San Luis Obispo
County, California: San Luis Obispo County Archaeological Society Occasional Paper
No. 7. San Luis Obispo County, California: San Luis Obispo County Archaeological
Society.
Greewood, R.S. (1978). Handbook of North American Indians (Vol. 8). Washington, D.C.:
Smithsonian Institution.
Johnson, C.H. (1981). The Pacific Coast Railway Comes to Arroyo Grande: A Centennial
History. Arroyo Grande, California: Bennett- Loomis Archives and South County
Historical Society.
Johnson, C.H. (1982). The Pacific Coast Railway: Southbound to Los Alamos: A Centennial
History. Arroyo Grande, California: Arroyo Grande Press.
Heizer, R.F. (Ed.). (1978). Handbook of North American Indians (Vol. 8). Washington D.C.:
Smithsonian Institution.
Mar, K. (1977). An Addendum to Applegate's "Chumash Place Names" Occasional Paper No. 9:
San Luis Obispo County Archaeological Society Occasional Paper No. 11. San Luis
Obispo County, California: San Luis Obispo County Archaeological Society.
Kroeber, A. L. (1953). Handbook of the Indians of California. Berkeley, California-. California
Book Co., Ltd.
Nicholson, L. (1980). Rails Across the Ranchos. Fresno, California: Valley Publishers.
Ochs, P.M. (1970). History of Chinese Labor In San Luis Obispo County (La Vista Vol. 2, No.
1). San Luis Obispo, California: San Luis Obispo County Historical Society.
Parsons, J.A. & Gibson, R.O. (1992, May 21). Results of Phase 2 Archaeological Investigations
for the Unocal - Sisquoc Pipeline, Northern Santa Barbara County, CA. Prepared for
Unocal Pipeline Company, Los Angeles, California. On file with the Information Center
at the University of California at Santa Barbara.
Thompson, G.D. (1982). Memories of the PC: Pacific Coast Railway, A Guide to Locations.
Santa Maria, California: Santa Maria Valley Historical Society.
C. Recreation
City of San Luis Obispo. (2001). General Plan Parks and Recreation Element and Master Plan.
San Luis Obispo, California: Community Development Department.
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U.S. Census Bureau. (2000). American Factfinder (various datasets). Retrieved October 2004,
from http: / /www. census .gov /main/www /cen2000.html
B. EIR PREPARERS
This EIR has been prepared by the Morro Group, Inc., in association with the City of San Luis
Obispo other independent consultants. Project Director for the EIR was Bill Henry, AICP, Vice
President, Morro Group, Inc. The following is a list of individuals responsible for preparation of
the EIR.
Responsibilities EIR Preparer
Introduction; Summary; Project Description; Sarah Spann, Project Manager
Environmental Setting; Recreation; Other Issues; Morro Group, Inc.
Alternatives Analysis; Environmental Analysis;
Mitigation Monitoring and Reporting Program
Biological Resources Geoff Hoetker, Associate Biologist
Morro Group, Inc.
Air Quality; Noise; Hazards and Hazardous Materials; Karl Mikel, EIT
Utilities; Geology and Hydrology Morro Group, Inc.
Transportation and Circulation Sohrab Rashid, P.E., Senior Associate
Norman Wong, Senior Transportation Engineer
Fehr & Peers Transportation Consultants
Aesthetic Resources Bob Carr
Visual Resources Consultant
Cultural Resources Robert 0. Gibson, Principal Archaeologist
Gibson's Archaeological Consulting
Hazards and Hazardous Materials (Phase II Timothy Conroy, Senior Geologist
Environmental Site Assessment) Earth Systems Pacific
C. CERTIFICATION OF THE FINAL EIR
The City of San Luis Obispo Planning Commission makes the following findings with respect to
the October 2005 Four Creeks Rezoning Project Final EIR (SCH #2004071043):
The Planning Commission has reviewed and considered the information contained in the
October 2005 Four Creeks Rezoning Project Final EIR, the public comments and responses
previously submitted, the public comments and information presented at the public hearings,
and the documents and other information in the record listed in Section III above, before
taking an action on the project. The October 2005 Four Creeks Rezoning Project Final EIR
has been completed in compliance with the California Environmental Quality Act.
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2. The Planning Commission hereby finds and determines that implementation of the Four
Creeks Rezoning Project may have a significant adverse effect on the environment.
3. The Planning Commission finds that changes or alterations have been incorporated into the
project to mitigate or avoid significant impacts to the greatest degree practicable. These
changes or alterations include mitigation measures and project modifications outlined herein
and set forth in more detail in the October 2005 Four Creeks Rezoning Project Final EIR.
4. The Planning Commission finds that the project as approved includes an appropriate
Mitigation Monitoring Program. This mitigation monitoring program ensures that measures
that avoid or lessen the significant project impacts, as required by the CEQA Guidelines, will
be implemented as described.
5. The Planning Commission finds that, should the final design of the Four Creeks Rezoning
Project have the potential to result in adverse environmental impacts that are not anticipated
or addressed by the October 2005 Four Creeks Rezoning Project Final EIR, subsequent
environmental review shall be required in accordance with CEQA Guidelines Section
15162(a).
V. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND
MITIGATION MEASURES FOR THE PROPOSED PROJECT
This section presents the project's significant environmental impacts and feasible mitigation
measures. Section 15091 of the CEQA Guidelines and Section 21081 of the Public Resources
Code require a lead agency to make findings for each significant environmental impact disclosed
in an EIR. Specifically, for each significant impact, the lead agency must find that:
Changes or alterations have been required in, incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
EIR;
Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency; or,
Specific economic, social, legal, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies the following environmental impacts associated with implementation of
the proposed project, as identified in the program EIR:
Impacts that can be fully avoided or-reduced to a less - than- significant level through
the incorporation of feasible mitigation measures into the project; and
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Impacts that can be reduced, but not to a less- than- significant level, through the
incorporation of feasible mitigation measures into the project, and which therefore,
remain significant and unavoidable.
The impacts identified in this section are considered in the same sequence in which they appear
in the Final EIR. Where adoption of feasible mitigation measures is not effective in avoiding an
impact or reducing it to a less - than- significant level, the feasibility of adopting alternatives to the
proposed project is considered in Section VI of this document.
A. BIOLOGICAL RESOURCES
Impact
BIO Impact 1 Construction and operation of the project has potential to indirectly impact
aquatic habitats located within the site and downstream from the site.
Mitigation Measures
BIO /mm -1 Prior to construction, the applicant shall prepare a Storm Water Pollution
Prevention Plan ( SWPPP), which shall include detailed sediment and erosion
control plans submitted to the City of San Luis Obispo for approval. The
SWPPP shall specifically address protection of drainages, and riparian and
wetland resources on and adjacent to the project site. Compliance shall be
verified by the project environmental monitor through submission of
compliance reports.
13I0/mm -2 To avoid erosion and downstream sedimentation, and to avoid impacts to
aquatic species, no work in drainages shall occur during the rainy season
November 1 through April 30).
BIO /mm -3 Equipment access and construction shall be conducted from the banks rather
than from within drainages. No equipment shall be staged and no temporary
placement of fill shall occur in drainages.
BIO /mm -4 Soil stockpiles shall not be placed in areas that have potential to experience
significant runoff during the rainy season. All project - related spills of
hazardous materials within or adjacent to project sites shall be. cleaned up
immediately. Spill prevention and cleanup materials shall be on -site at all
times during construction. Cleaning and refueling of equipment and vehicles
shall occur only within designated staging areas. The staging areas shall
conform to standard BMPs applicable to attaining zero discharge of
stormwater runoff. No maintenance, cleaning or fueling of equipment shall
occur within wetland or riparian areas, or within 50 feet of such areas. At a
minimum, all equipment and vehicles shall be checked and maintained on a
daily basis to ensure proper operation and to avoid potential leaks or spills.
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BIO /mm -5 During construction and operation, permanent installation of filtration devices
designed to remove oil, grease, and other potential pollutants from stormwater
runoff shall be required for all project storm water runoff directed to drainages
traversing the project site.
BIO /mm -6 If surfactants or herbicides are used at any time on the project site, application
of surfactants or herbicide shall not occur within 20 feet of drainages /riparian
area, in compliance with the City's riparian setback requirements.
Findings:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact I is reduced to a less than
significant level.
Impact
BIO Impact 2 Riparian habitat would be permanently removed or impacted by project
implementation, resulting in significant adverse impacts to riparian resources.
Mitigation Measures
BIO /mm -7 At the time of application of grading permits, all riparian areas and 20 -foot
setback boundaries shall be shown on all construction plans. The riparian
areas and 20 -foot setback boundaries shown on grading plans shall be based
on the field data collected as part of the EIR analysis, as presented in Figure
13I0-2. All riparian vegetation planned for removal shall be specified on
construction plans. Except for activities requiring removal of riparian trees
and associated understory vegetation that are specified on construction plans,
all ground disturbances and vegetation removal shall be prohibited within the
20 -foot setback from the outer edge of the riparian canopy of any drainage
onsite.
BIO /mm -8 In order to protect existing native trees (i.e. California black walnut, western
sycamore, Fremont cottonwood, coast live oak, arroyo willow, red willow,
blue elderberry, California bay), native riparian understory vegetation (i.e.
California blackberry, mugwort, stinging nettle), and minimize adverse effects
of grading and construction onsite, the applicant shall implement a Riparian
Habitat Revegetation and Restoration Plan in consultation with the CDFG and
the City Natural Resources Manager. A qualified restoration biologist and/or
horticulturalist, approved by the City of San Luis Obispo, shall be retained by
the applicant to prepare the Riparian Habitat Revegetation and Restoration
Plan, complete with success criteria goals and a five -year monitoring
schedule. The qualified biologist shall supervise site preparation, tuning,
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species utilized, planting installation, maintenance, monitoring, and reporting
of the revegetation/restoration efforts.
If impacts to riparian trees or riparian understory vegetation cannot be
avoided, the impacts shall be minimized to the extent practicable. No ground
disturbance including grading for buildings, access roads, easements,
subsurface grading, sewage disposal, and well placement shall occur within
the critical root zone of any native tree unless specifically authorized by the
Revegetation and Restoration Plan. The Revegetation and Restoration plan
shall include the following:
a. An exhibit ( i.e. map) showing the location, identification, diameter, and
critical root zone of all native trees located onsite.
b. Fencing of all trees to be protected at or outside of the critical root zone or
at the 20 -foot setback boundary, whichever is greater. Fencing shall be at
least three feet in height of material acceptable to the City of San Luis
Obispo and shall be staked every six feet. The applicant shall place signs
stating "tree protection area" at 15 -foot intervals on the fence. The
fencing and signs shall be shown on the tree protection exhibit, shall be
installed prior to grading permit approval, and shall remain in place
throughout all grading and construction activities.
c. Identification of any areas where landscaping, grading, trenching, or
construction activities would encroach within the critical root zone of any
native or specimen tree. All encroachment is subject to review and
approval by the City of San Luis Obispo.
d. Location of construction equipment staging and storage areas shown on
the tree protection exhibit. All construction equipment staging and storage
areas shall be located outside of the 20 -foot riparian setback and other
sensitive habitat areas, and shall be depicted on project plans submitted for
land use clearance. No construction equipment shall be parked, stored, or
operated within the protected area. No fill soil, rocks, or construction
materials shall be stored or placed within the protected area.
e. Identification of all proposed utility corridors and irrigation lines shown
on the tree protection exhibit. New utilities shall be located within
roadways, driveways, or a designated utility corridor such that impacts to
trees are minimized.
f Any proposed tree wells or retaining walls shown on the tree protection
plan exhibit, as well as grading and construction plans, and located outside
of the critical root zone of all protected trees unless specifically
authorized.
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g. Any encroachment within the critical root zone of native trees adhering to
the following standards-
i. Any paving shall be of pervious material (e.g. gravel, brick without
mortar).
ii. Any trenching required within the critical root zone of a protected tree
shall be done by hand.
iii. Any roots one inch in diameter or greater encountered during grading
or trenching shall be cleanly cut and sealed.
h. All trees located within 20 feet of buildings protected from stucco and/or
paint during construction.
i. No permanent irrigation within the critical root zone of any native tree.
Drainage plans shall be designed so that tree trunk areas are properly
drained to avoid ponding.
j. Remove only trees designated for removal on the approved tree protection
plan.
k. Replace in -kind any native trees that are removed, relocated, and/or
damaged on a 3:1 ratio with either one - gallon sized saplings grown from
seed obtained from drainages traversing the project site or commercially
available one - gallon plantings. When necessary to remove a tree and
feasible to replant, trees shall be boxed and replanted. In addition, replace
in -kind any native riparian understory vegetation (e.g. California
blackberry) that is removed, relocated, and/or damaged basis with either
one - gallon sized plantings grown from seed obtained from drainages
traversing the project site or commercially available one - gallon plantings.
Acreage of riparian understory vegetation removed will be quantified and
replaced on a ratio of 3:1. The plantings shall be protected from predation
by wild and domestic animals, and from human interference by the use of
staked, chain link fencing and gopher fencing during the maintenance
period.
BIO /mm -9 Prior to issuance of grading permit, the applicant shall obtain all necessary
permits, approvals, and authorizations from jurisdictional agencies. These
may include, but may not be limited to: (1) ACOE Section 404 Nationwide
Permit or Individual Permit for impacts to ACOE jurisdictional wetlands or
other waters; (2) RWQCB Section 401 Water Quality Certification for
discharges "Waters of the U.S." and/or "Waters of the State "; and (3) CDFG
Section 1602 Streambed Alteration Agreement for activities within the tops of
banks or outer edges of riparian canopies (whichever extends furthest from the
streambeds) of drainages.
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BIO /mm -10 Prior to construction, the applicant shall provide funding for a qualified, City-
approved environmental monitor for the construction phase of the project to
ensure compliance with EIR mitigation measures, the Revegetation and
Restoration Plan, any applicable permit conditions, and any conditions
required by the City of San Luis Obispo. The environmental monitor shall be
under contract to the City. The monitor shall be responsible for (1) ensuring
that procedures for verifying compliance with environmental mitigations are
followed; (2) lines of communication and reporting methods; (3) daily and
weekly reporting of compliance; (4) construction crew training regarding
environmentally sensitive areas; (5) authority to stop work; and (6) action to
be taken in the event of non - compliance. Monitoring shall be at a frequency
and duration determined by the affected natural resource agencies (e.g.,
ACOE, RWQCB, CDFG, and the City of San Luis Obispo).
BIO /mm -11 If onsite mitigation to permanent loss of riparian habitat is not feasible, an
offsite riparian mitigation component shall be incorporated into the
Revegetation and Restoration Plan, subject to review and approval by
jurisdictional agencies. Plans for off -site mitigation shall include a
monitoring schedule and success criteria to ensure that onsite and any offsite
restoration/enhancement efforts are successful.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 2 is reduced to a less than
significant level.
Impact
BIO Impact 3 Wetlands would be permanently removed or impacted by project
implementation, resulting in significant adverse impacts to wetland resources.
Mitigation Measures
BIO /mm -12 If impacts to wetlands cannot be avoided, the impacts shall be minimized to
the extent practicable. All wetland vegetation planned for removal shall be
specified on construction plans. Except for activities requiring removal of
wetland vegetation that are specified on construction plans, all ground
disturbances and vegetation removal shall be prohibited within a 20 -foot
setback from the outer edge of the riparian canopy of any drainage onsite. All
riparian areas and 20 -foot setback boundaries shall be shown on all grading
plans.
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BIO /mm -13 The applicant shall incorporate a wetland mitigation component, into the
Revegetation and Restoration Plan outlined in BIO /mm -2, which shall include
the following:
a. An exhibit ( i.e. map) showing the location, of all wetland vegetation
located onsite.
b. If impacts to wetlands are proposed, the method of wetland vegetation
removal shall be determined by the ACOE Nationwide Permit, or by the
landscape contractor if no guidance is provided by ACOE. If feasible,
wetland vegetation removed shall be salvaged as plugs or plantings for
revegetation/restoration.
c. If permanent impacts to wetlands are proposed, the Plan shall include a
requirement to replace in -kind any wetland vegetation removed, relocated,
and/or damaged on a 3:1 basis with plugs or plantings obtained from
drainages traversing the project site, or commercially available plugs or
plantings. Temporary impacts shall be mitigated onsite on a 1:1 basis.
BIO /mm -14 If on -site mitigation for permanent loss of wetlands is not feasible, an off -site
wetland mitigation component shall be incorporated into the Revegetation and
Restoration Plan, subject to review and approval by jurisdictional agencies.
Plans for off -site mitigation shall include a monitoring schedule and success
criteria to ensure that onsite and any offsite restoration/enhancement efforts
are successful.
Finding:
Mitigation Has Been Incorporated into the Project. The City fmds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 3 is reduced to a less than
significant level.
Impact
BIO Impact 4 Ruderal vegetation /disturbed annual grassland habitat would be permanently
removed or impacted by project implementation, resulting in significant,
adverse impacts to sensitive plant species.
Mitigation Measures
BIO /mm -15 Prior to ground disturbance, botanical surveys shall be conducted to determine
presence or absence of Obispo Indian paintbrush, Jones's layia, or adobe
sanicle in annual grasslands within the project site. A minimum of three
botanical surveys shall be scheduled to occur throughout the February to May
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blooming ( identification) period, according to the following table, prior to
scheduled site disturbance.
Sensitive Plant Species Blooming /Identification
Period
Obispo Indian Paint Brush ril
Jones la is March - May
Adobe sanicle February - May
If sensitive plant species are identified within the project site the applicant
shall implement a Sensitive Plant Species Revegetation and Restoration Plan
in consultation with CDFG and the City Natural Resources Manager. A
qualified biologist and/or botanist, approved by the City of San Luis Obispo
shall be retained by the applicant to prepare the Sensitive Plant Species
Revegetation and Restoration Plan, complete with success criteria goals and a
five -year monitoring schedule. The qualified biologist shall supervise site
preparation, timing, species utilized, planting installation, maintenance,
monitoring, and reporting of the revegetation/restoration efforts. The
following measures shall be incorporated into the Sensitive Plant Species
Revegetation and Restoration Plan.
a. In areas not permanently displaced by new development, ruderal
vegetation /disturbed annual grassland shall be revegetated and restored
using topsoil salvage, restoring disturbed areas to original contours, and
hydroseeding impacted areas with a seed mix characteristic of the
grasslands onsite. Appropriate species for erosion control and eventual
native shrub and herb cover shall be utilized. Because native grassland
species are likely to be out - competed by non - native species, a ground
cover mix is recommended for impacted ruderal vegetation/annual
grassland areas. Topsoil salvage methods and seed mixes shall be
specified in the Sensitive Plant Species Revegetation and Restoration Plan.
Hydroseeded areas shall be monitored by a qualified restoration biologist
and/or horticulturalist for viability and overall success, with additional
recommendations as necessary.
b. If Obispo Indian paintbrush, Jones's layia, or adobe sanicle are identified
on the proposed project site, the locations of these populations shall be
clearly included on an exhibit (i.e. map). These populations shall be
flagged by a qualified biologist and protected with temporary fencing prior
to construction. These areas to be protected shall be shown on all
applicable construction plans. The protection devices shall be installed by
the applicant and verified by the Environmental Monitor prior to any
grubbing or vegetation removal. Sensitive plant species protective
measures shall remain in place throughout the grading and construction
phases.
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c. If avoidance of Obispo Indian paintbrush, Jones's layia, or adobe sanicle
in ruderal vegetation /disturbed annual grassland habitat is not feasible, the
applicant shall specify an onsite mitigation strategy in the Sensitive Plant
Species Revegetation and Restoration Plan shall specify an onsite
mitigation strategy that identifies the following:
i. Suitable onsite mitigation locations based on soil type, hydrologic
conditions, and proximity to existing sensitive species populations;
ii. Seed collection requirements and protocol;
iii. Soil seed bank conservation. strategies;
iv. Mitigation site preparation techniques;
v. Seeding regimen;
vi. Mitigation site maintenance schedule, including weed abatement
strategies, erosion control monitoring, etc.; and,
vii. Monitoring requirements.
BIO /mm -16 If onsite mitigation to permanent loss of sensitive plant populations in annual
grassland habitat is not feasible, an offsite sensitive plant mitigation
component shall be incorporated into the Sensitive Plant Species Revegetation
and Restoration Plan, subject to review and approval by CIFG and the City
Natural Resources Manager. The Sensitive Plant Species Revegetation and
Restoration Plan shall identify an offsite area that can be restored with the
identified sensitive plant species. Such a site must have the following
components.
a. The offsite area is owned or controlled by a non - profit or governmental
agency;
b. It is shown that the intent for the area will be to protect it in perpetuity
with the primary goal to reestablish and maintain native habitat;
c. There is comparable area available for sensitive plant species restoration;
d. It is within close proximity of the subject property;
e. The offsite mitigation area is clearly shown to have all the necessary
requirements for successful reestablishment of the plant/habitat (that will
be better than or equal to the sensitive plant habitat being eliminated)
without the need for any long -term artificial maintenance;
In addition, the Sensitive Plant Species Revegetation and Restoration Plan
shall specify an offsite mitigation strategy that identifies the following:
f. If feasible, the sensitive plant species located onsite and/or their seed shall
be used for the offsite mitigation area, as determined appropriate by the
biologist/botanist;
g. Seed collection requirements and protocol;
h. Soil seed bank conservation strategies;
i. Mitigation site preparation techniques;
j. Seeding regimen;
1111612005 19
ATTACHMENT 1
EXHIBIT A
ARC2 - 41
Four Creeks Rezoning Project CEQA Findings - Exhibit A
k. Mitigation site maintenance schedule, including weed abatement
strategies, erosion control monitoring, etc.;
1. Submittal of a cost estimate by a qualified individual for: property
acquisition, site evaluation reporting; all restoration work, and
monitoring/maintenance /remedial work for at least 5 years;
m. Establishment of a bond for the cost estimate to be held by the City until
the 5 year time period is up or until sensitive plant species restoration is
determined to be successful by City Natural Resources Manager,
whichever is greater;
n. If offsite mitigation area fails, bond shall be applied to establishing a
second area.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 4 is reduced to a less than
significant level.
Impact
BIO Impact 5 Construction of the project has potential to impact sensitive plant species
including Obispo Indian paintbrush, Jones's layia, and adobe sanicle.
Mitigation Measures
Implement BIO /mm -15 and BIO /mm -16, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 5 is reduced to a less than
significant level.
Impact
BIO Impact 6 Construction of the project has potential to impact monarch butterfly winter
roosting habitat.
Mitigation Measures
13I0/mm -17 Prior to construction, if construction activities are scheduled to occur between
November I and March 1, a qualified biologist shall conduct surveys for
overwintering monarch butterflies. Overwintering monarch butterfly surveys
shall consist of a preconstruction survey prior to eucalyptus tree removal, with
1111612005 20
ATTACHMENT 1
EXHIBIT A
ARC2 - 42
C1
Four Creeks Rezoning Project CEQA Findings - Exhibit A
weekly surveys continuing thereafter until March 31. If no roosts are
observed within the project site, then no further mitigation is required. If
active roosts are observed, then tree removal activities shall be delayed and an
appropriate setback for other construction- related activities shall be
maintained until monarch butterflies have migrated from the site. Tree
removal shall be monitored and documented by the biological monitor
regardless of time of year.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 6 is reduced to a less than
significant level.
Impact
BIO Impact 7 Construction of the project has potential to impact nesting birds.
Mitigation Measures
BIO /mm -18 Prior to construction, if construction activities are scheduled to occur during
the typical bird nesting season (from March 1 to August 31) a qualified
biologist shall be retained to conduct a preconstruction survey (approximately
1 week prior to construction) to determine presence /absence for tree- nesting
birds within riparian corridors and ground- nesting birds within annual
grasslands onsite. If no nesting activities are detected within the proposed
work area, noise - producing construction activities may proceed and no further
mitigation is required. If nesting activity is confirmed during preconstruction
nesting surveys or at any time during the monitoring of construction activities,
work activities shall be delayed within 100 feet of active nests until the young
birds have fledged and left the nest. In addition, the results of the surveys will
be passed immediately to the CDFG and the City Natural Resources Manager,
possibly with recommendations for buffer zone changes, as needed, around
individual nests. Tree removal in riparian zones shall be monitored and
documented by the biological monitor regardless of time of year.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 7 is reduced to a less than
significant level.
1111612005 21
ATTACHMENT 1
EXHIBIT A
ARC2 - 43
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
BIO Impact 8 The cumulative losses of riparian habitat, wetlands, and annual grassland
habitat resulting from the proposed project in conjunction with the cumulative
development scenario would result in impacts to biological resources.
Mitigation Measures
Implement BIO /mm -1 through BIO /mm -18, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 8 is reduced to a less than
significant level.
B. TRANSPORTATION AND CIRCULATION
Impact
TR Impact 1 The proposed project would cause the intersection of Broad Street and South
Street to degrade from LOS D under Baseline Conditions to LOS E under
Baseline Plus Project Conditions.
Mitigation Measures
TR/mm -I Prior to issuance of building permits, the applicants shall design, subject to
approval of the Public Works Director, the following improvement:
Convert one northbound through lane into a second left -turn lane at the
intersection of Broad Street and South Street. The left -turn phasing for
the northbound and southbound approaches shall be modified to
accommodate lead -lag left -turn phasing.
Prior to issuance of occupancy permits, the applicants shall either; 1) complete
the improvements identified within this mitigation measure subject to review,
inspection and permit issuance by the City and Caltrans, or 2) deposit a
mitigation fee in an amount equal to the estimated construction costs of the
improvements identified within this mitigation measure and request that the
City become the lead entity in processing a Caltrans Encroachment Permit for
the required work.
Prior to occupancy, the applicants will each enter into a reimbursement
agreement for costs associated with the design, permitting, inspections, and
construction of the required improvements that are beyond the scope of each
development project. Final cost estimates will be subject to prior approval of
1111612005 22
ATTACHMENT 1
EXHIBIT A
ARC2 - 44
Four Creels Rezoning Project CEQA Findings - Exhibit A
the Director of Public Works. The amount of reimbursement between the
applicants will be determined by taking into consideration the project's
percentile contribution to overall traffic volumes at this intersection, based on
PM peak hour trip estimates.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 1 is reduced to a less than
significant level.
Impact
TR Impact 2 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Broad Street and Capitolio Way. The westbound
approach is projected to operate at LOS F under both Baseline and Baseline
Plus Project Conditions and the volumes exceed the minimum thresholds for
the peak -hour signal warrant.
Mitigation Measures
TR/mm -2 If, prior to issuance of occupancy permits, improvements at the intersection of
Capitolio/Broad Street have not been completed by adjacent development, the
project applicants shall design and install improvements to the Capitolio
Road/Broad Street intersection. These improvements shall include the
widening of westbound Capitolio, including curb and gutter installation and
street paving and the striping of a dedicated left turn lane and separate right-
turn lane for access onto Broad Street. The applicants will each enter into a
reimbursement agreement for a portion of the improvement costs at the time
that the improvements are actually installed. The reimbursement amounts for
each applicant will be based on the project's percentile contribution to overall
traffic volumes at this intersection, based on PM peak hour trip estimates.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 2 is reduced to a less than
significant level.
Impact
TR Impact 3 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Laurel Lane and Orcutt Road. The southbound
left -turn movement/approach is projected to operate at LOS F under both
1111612005 23
ATTACHMENT 1
EXHIBIT A
ARC2 - 45
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Baseline and Baseline Plus Project Conditions. The peak -hour volume warrant
is satisfied under Baseline Plus Project Conditions. The proposed project
would increase traffic at this intersection, which has a high collision rate and
is ranked as the most dangerous intersection for collisions out of those
intersections consisting of two arterial streets.
Mitigation Measure
Mitigation Measure TR/mm -3 has been deleted based on the following finding.
Finding:
As discussed in the Final EIR, a stop sign for westbound Orcutt Road was recently installed to
address safety concerns at the intersection. According to the City's Public Works Department,
the interim improvements are sufficient to mitigate safety impacts until the ultimate
improvements are installed. These ultimate improvements are currently identified in the City's
CIP program, and the City has recently received grant funds to augment existing project funding,
which will allow for construction of the project.
The City will take the lead on installing the following improvements to the Orcutt/Laurel
intersection and will complete the improvements at the earliest opportunity:
Install a traffic signal with a 70- second cycle length and including a southbound right
turn overlap phase (southbound vehicles turn right when eastbound vehicles turn left) to
provide acceptable (LOS A) operations.
Because interim improvements have been installed at the intersection and the existing CIP
project for the signal is funded, TR Impact 3 is considered less than significant.
Impact
TR Impact 5 The proposed project would exacerbate unacceptable operations for the
roadway segment of Orcutt Road, between Broad Street and Laurel Lane.
Mitigation Measures
TR/mm -4 Prior to issuance of occupancy permits, the project applicants shall install,
subject to approval of the Public Works Director, the following
improvements:
Provide an additional through lane in each direction along Orcutt Road,
between Broad Street and the Union Pacific Railroad right -of -way. The
alignment of Orcutt Road, with the widening, would shift southwards near
Duncan Road/Sacramento Drive and transition northwards before the
railroad tracks. This alignment was set by City Council in 1994 (see
1111612005 24
ATTACHMENT 1
EXHIBIT A
ARC2 - 46
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Ordinance No. 1269). The widening of Orcutt Road shall incorporate state
and city design standards.
Provide bicycle lanes and sidewalks in both directions and left -turn
pockets in both directions at McMillian Avenue and Duncan
Road/Sacramento Drive with the widening of Orcutt Road.
In addition, prior to issuance of occupancy permits, the applicants shall either;
1) complete the following improvements subject to review, inspection and
permit issuance by the City, the California Public Utilities Commission
CPUC), and Union Pacific Railroad, or 2) subject to approval of the Director
of Public Works, deposit a mitigation fee in an amount equal to the estimated
construction costs of said project and request that the City become the lead
entity in processing a CPUC Encroachment Permit for said work.
Provide an additional through lane in each direction along Orcutt Road,
between Union Pacific Railroad right -of -way and Laurel Lane.
Provide bicycle lanes and sidewalks in both directions and left -turn
pockets in both directions at Laurel Lane with the widening of Orcutt
Road.
Prior to occupancy, the applicants will each enter into .a reimbursement
agreement for costs associated with the design, permitting, inspections, and
construction of the required improvements that are beyond the scope of each
development project. Final cost estimates will be subject to prior approval of
the Director of Public Works. The amount of reimbursement between the
applicants will be determined by taking into consideration the project's
percentile contribution to overall traffic volumes along this roadway, based on
PM peak hour trip estimates.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 5 is reduced to a less than
significant level.
Impact
TR Impact 6 The proposed project would generate new pedestrian trips where sidewalks or
pathways are not currently provided or proposed..
Mitigation Measures
TR/mm -5 Implement TR/mm -4
1111612005 25
ATTACHMENT 1
EXHIBIT A
ARC2 - 47
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into. the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. The proposed pathway will be provided
as part of the build -out of Orcutt Road to its ultimate design between Broad and Laurel. The
Creekston plans have been revised to provide the pathway connection- from across the
commercial parking lot along Orcutt Road. With the proposed mitigation measures incorporated
into the project as conditions of approval, TR Impact 6 is reduced to a less than significant level.
Impact
TR Impact 7 Development of the proposed project, including the proposed Class I bike path
within the Sacramento Drive extension easement, would increase bicycle lane
usage on Orcutt Road.
Mitigation Measure
TR/mm -6 Prior to issuance of building permits, the applicants shall revise site plans
shall to include striped, Class II bicycle lanes along eastbound and westbound
Orcutt Road. These Class II bicycle lanes shall, provide a connection to the
Railroad Recreational Trail.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 7 is reduced to a less than
significant level.
Impact
TR Impact 8 The proposed Class I (bike path) facility on the Sacramento Drive is
inconsistent with the City Bicycle Transportation Plan, and would result in
bicycle safety impacts.
Mitigation Measures
TR/mm -7 Prior to issuance of building permits, the applicants shall revise site plans to
include increasing the proposed width (24 feet) of the Sacramento Drive
extension to provide five -foot Class II bike lanes on both sides.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
1111612005 26
ATTACHMENT 1
EXHIBIT A
ARC2 - 48
Four Creeks Rezoning Project CEQA Findings - Exhibit A
incorporated into the project as conditions of approval, TR Impact 8 is reduced to a less than
significant level.
Impact
TR Impact 9 The proposed project would not accommodate for increased transit trips at bus
stops in the immediate vicinity of the project site.
Mitigation Measure
TR/mm -8 Prior to issuance of building permits, the project applicants shall revise site
plans to show the provision a bus stop along the project's frontage on Orcutt
Road at McMillian Avenue. Prior to issuance of building permits, the
applicant shall coordinate with San Luis Obispo Transit and provide all
funding for the installation of transit signs, schedule, and a bench at the new
bus stop location. All transit improvements shall be installed prior to
occupancy clearance.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 9 is reduced to a less than
significant level.
Impact
TR Impact 10 The proposed southbound left -turn access on Broad Street to the Creekst6n
driveway would create a new conflict point on Broad Street in the close
proximity to two existing southbound left -turn movements, resulting in
potentially significant impacts.
Mitigation Measure
TR/mm -9 Prior to issuance of building permits, the Creekst6n applicant shall modify site
plans to show removal of the proposed median modification that would allow
southbound left -turn access on Broad Street to the Creekstbn driveway.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 10 is reduced to a less than
significant level.
1111612005 27
ATTACHMENT 1
EXHIBIT A
ARC2 - 49
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 11 Site access at the Broad Street parcels may result in delays on Broad Street.
The Broad Street parcels are located opposite and north of Rockview Place.
Any future driveways that are not aligned with Rockview Place would result
in offset intersections and may cause additional congestion.
Mitigation Measure
TR/mm -10 Prior to issuance of building permits for any proposed future development on
the Broad Street Parcels, project plans shall show a driveway at the southern
boundary of the project site aligning directly with Rockview Place. The site
access for the Broad Street parcels shall be reviewed and approved by the City
Public Works Department.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 11 is reduced to a less than
significant level.
Impact
TR Impact 12 The proposed project would cause delays on Orcutt Road at the project
driveways without the addition of left -turn pockets. Westbound vehicles on
Orcutt Road may queue back from the Sacramento Drive extension towards
the railroad crossing.
Mitigation Measure
Implement TR/mm -4, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 12 is reduced to a less than
significant level.
Impact
TR Impact 13 Northbound Sacramento Drive vehicles may queue back and potentially block
access to the Tumbling Waters development, resulting in potentially
significant traffic safety impacts.
1111612005 28
ATTACHMENT 1
EXHIBIT A
ARC2 - 50
C O
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation Measure
TR/mm -11 Prior to occupancy clearance, the Tumbling Waters applicant shall stripe a
Keep Clear" legend within Sacramento Drive at the northernmost Tumbling
Waters driveway.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 13 is reduced to a less than
significant level.
Impact
TR Impact 14 The southernmost Tumbling Waters driveway on Sacramento Drive is located
in between two curves. Vehicles traveling around the curved alignment on
Sacramento Drive may not anticipate inbound or outbound Tumbling Waters
vehicles.
Mitigation Measure
TR/mm -12 Prior to issuance of building permits, the Tumbling Waters applicant shall
revise all site plans to show either of the following requirements:
a. The southernmost driveway shall be restricted to emergency vehicle and
pedestrianibicycle access to minimize vehicular conflicts on the curved
alignment of Sacramento Drive. Should this driveway be restricted to
emergency vehicles only, the east -west aisle located immediately north
can be extended to Sacramento Drive and a new driveway could be
installed. This driveway would be located at the northern end of
Sacramento Drive where the roadway includes a straighter alignment,
which would provide improved sight distance for drivers of exiting
vehicles; or,
b. The southernmost driveway shall be restricted to right -tums in and out to
minimize vehicular conflicts on the curved alignment of Sacramento
Drive.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 14 is reduced to a less than
significant level.
1111612005 29
ATTACHMENT 1
EXHIBIT A
ARC2 - 51
C O
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 15 Vehicle circulation for the eastern portion of the Tumbling Waters
development would be temporarily restricted due to the proposed uses of the
main north -south circulation aisle (school bus pick -up /drop -off and closure for
community events).
Mitigation Measure
TR/mm -13 Prior to issuance of building permits, the Tumbling Waters applicant shall
modify site plans to show the west side of the main north -south aisle adjacent
to the Village Plaza & Hall designated as a passenger loading zone. The
designated passenger loading zone would be available for school bus drop -
off/pick-up and for closure for community events. The east -west aisle shall
remain open at all times.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 15 is reduced to a less than
significant level.
Impact
TR Impact 16 The Creekst6n component of the proposed project would include two dead -
end aisles separated only by turf block, which could result in internal
circulation impacts.
Mitigation Measure
TR/mm -14 Prior to issuance of building permits, the main circulation aisle in the
Creekst6n development shall be reconfigured to allow through access between
the residential and commercial uses. Implementation of this mitigation would
remove the proposed dead -end aisles on the main circulation aisle and
improve overall vehicular access to and through the site.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 16 is reduced to a less than
significant level.
1111612005 30
ATTACHMENT 1
EXHIBIT A
ARC2 - 52
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 17 Emergency and passenger vehicle access would be restricted with the
proposed dead -end aisles in the Tumbling Waters and Creekston development.
Mitigation Measure
TR/mm -15 Prior to issuance of building permits, the Tumbling Waters and Creekston
applicants shall coordinate with the San Luis Obispo City Fire Department to
determine the acceptable parameters for all dead -end aisles to ensure that
emergency vehicle access is available. Design features, such as a
hammerhead," would be required to reduce the number of three -point turns
vehicles have to make to enter /exit the affected areas. Plans shall be revised
to reflect necessary changes to dead -end aisles.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 17 is red_ uced to a less than
significant level.
Impact
TR Impact 18 Location of grouped mailboxes adjacent to public streets may cause additional
delay for vehicles on public roadways, resulting in potentially significant
impacts.
Mitigation Measure
TR/mm -16 Prior to issuance of building permits, the Tumbling Waters and Creekston
applicants shall revise all site plans to show locations of all grouped mail
boxes located adjacent to private streets rather than public streets. The
location of the grouped mailboxes shall be approved by City staff.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 18 is reduced to a less than
significant level.
1111612005 31
ATTACHMENT 1
EXHIBIT A
ARC2 - 53
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 19 The five perpendicular parking spaces located at the Broad Street driveway
for the Creekston development would cause delays to vehicles entering the
site. These delays could result in potential safety problems for vehicles on
Broad Street.
Mitigation Measure
TR/mm -17 Prior to issuance of building permits, the Creekston applicant shall submit
revised site plans that show no parking spaces located along the entry roadway
within 50 feet of the project entrance located on Broad Street.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With,the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 19 is reduced to a less than
significant level.
Impact
TR Impact 22 The westbound approach at the intersection of Broad Street and Capitolio
Way is projected to operate at LOS F under Ten -Year Conditions. Traffic
volumes at this intersection exceed the minimum thresholds for the MUTCD
peak -hour signal warrant.
Mitigation Measure '
Implement TR/mm -2, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 22 is reduced to a less than
significant level.
Impact
TR Impact 23 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Duncan Road/Sacramento Drive Extension, and
Orcutt Road. The traffic volumes at this intersection slightly exceed the
minimum volume thresholds for the MUTCD peak -hour signal warrant.
1111612005 32
ATTACHMENT 1
EXHIBIT A
ARC2 - 54
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation Measure
TR/mm -20 Prior to issuance of occupancy permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) program
for the installation of a signal at the Duncan Road/Orcutt Road/Sacramento
Drive intersection. If at the time of issuance of permits, the TIF program has
not been modified to reflect the costs of the necessary signalization, the
applicant shall be responsible for paying current TIF fees plus a mitigation fee
associated with the estimated cost differential.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 23 is reduced to a less than
significant level.
Impact
TR Impact 24 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Laurel Lane and Orcutt Road. The northbound
and southbound movements /approaches are projected to operate at LOS F.
Traffic volumes at this intersection meet the MUTCD peak -hour signal
warrant.
Mitigation Measure
No mitigation is necessary.
Finding:
As discussed in the Final EIR, a stop sign for westbound Orcutt Road was recently installed to
address safety concerns at the intersection. According to the City's Public Works Department,
the interim improvements are sufficient to mitigate safety impacts until the ultimate
improvements are installed. These ultimate improvements are currently identified in the City's
CIP program, and the City has recently received grant funds to augment existing project funding,
which will allow for construction of the project.
The City will take the lead on installing the following improvements to the Orcutt/Laurel
intersection and will complete the improvements at the earliest opportunity:
Install a traffic signal with a 70- second cycle length and including a southbound right-
turn overlap phase (southbound vehicles turn right when eastbound vehicles turn left) to
provide acceptable (LOS A) operations.
1111612005 33
ATTACHMENT 1
EXHIBIT A
ARC2 - 55
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Because interim improvements have been installed at the intersection and the existing CIP
project for the signal is funded, TR Impact 3 is considered less than significant.
Impact
TR Impact 25 The proposed project would cause the roadway segment of Broad Street, south
of Orcutt Road, to exceed LOS D volume thresholds under Ten -.Year
Cumulative Conditions.
Mitigation Measure
Implement TR/mm -2, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 25 is reduced to a less than
significant level.
Impact
TR Impact 26 The proposed project would exacerbate LOS F operations at the intersection
of Broad Street and South Street under General Plan Buildout Plus Project
Conditions.
Mitigation Measure
TR/mm -21 In order to mitigate buildout level traffic conditions the intersection will need
to be widened so as to provide for dual left turn lanes, two through lanes and
an exclusive right turn lane in the northbound direction on Broad Street. This
project is currently not included in the City's TIT program. However, the
program is being updated and may be amended to include it in the future.
Prior to issuance of building permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) programfor
the widening of the south leg of the Broad Street/South Street (Broad Street)
intersection for said improvements. If at the time of issuance of building
permits, the TIF program has not been modified to reflect the costs of the
necessary intersection or roadway improvement, the applicant shall be
responsible for paying current TIF fees plus a "fair share" mitigation fee as
determined by the Director of Public Works, associated with the estimated
intersection improvements.
1111612005 34
ATTACHMENT 1
EXHIBIT A
ARC2 - 56
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 26 is reduced to a less than
significant level.
Impact
TR Impact 27 The proposed project would exacerbate LOS F operations at the unsignalized
intersection of Broad Street and Capitolio Way under General Plan Buildout
Conditions.
Mitigation Measure
TR/mm -21a Prior to issuance of building permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) program
for the installation of a signal at the Broad Street/Capitolio Way intersection.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 27 is reduced to a less than
significant level.
Impact
TR Impact 28 The proposed project would exacerbate LOS F operations at the future
signalized intersection of Broad Street and Prado Road under General Plan
Buildout Conditions.
Mitigation Measure
TR/mm -22 Prior to issuance of occupancy permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) program
for the addition of a second northbound left -tum lane and southbound right -
turn overlap phase at the intersection of Broad Street and Prado Road.
Finding:
Mitigation Has Been Incorporated into the .Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation. measures
1111612005 35
ATTACHMENT 1
EXHIBIT A
ARC2 - 57
Four Creeks Rezoning Project CEQA Findings - Exhibit A
incorporated into the project as conditions of approval, TR Impact 28 is reduced to a less than
significant level.
Impact
TR Impact 29 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Laurel Lane and Orcutt Road under General Plan
Buildout Conditions. The MUTCD peak -hour signal warrant thresholds would
be exceeded at this location.
Mitigation Measure
No mitigation is necessary.
Finding:
As discussed in the Final EIR, a stop sign for westbound Orcutt Road was recently installed to
address safety concerns at the intersection. According to the City's Public Works Department,
the interim improvements are sufficient to mitigate safety impacts until the ultimate
improvements are installed. These ultimate improvements are currently identified in the City's
CIP program, and the City has recently received grant funds to augment existing project funding,
which will allow for construction of the project.
The City will take the lead on installing the following improvements to the Orcutt/Laurel
intersection and will complete the improvements at the earliest opportunity:
Install a traffic signal with a 70- second cycle length and including a southbound right -
turn overlap phase (southbound vehicles turn right when eastbound vehicles turn left) to
provide acceptable (LOS A) operations.
Because interim improvements have been installed at the intersection and the existing CIP
project for the signal is funded, TR Impact 3 is considered less than significant.
Impact
TR Impact 30 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Duncan Road, Sacramento Drive Extension, and
Orcutt Road. The traffic volumes at this intersection slightly exceed the
minimum volume thresholds for the MUTCD peak -hour signal warrant.
Mitigation Measure
Implement TR/mm -20, as described above.
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Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 30 is reduced to a less than
significant level.
Impact
TR Impact 31 The proposed project would exceed LOS D thresholds for the roadway
segment of Broad Street, south of Orcutt Road, under General Plan Buildout
Conditions.
Mitigation Measure
Implement TR/mm -21a and TR/mm -22.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 31 is reduced to a less than
significant level.
C. AIR QUALITY
Impact
AQ Impact 1 The proposed project would cause direct short -term construction related air
pollutant emissions from earthwork equipment and material disposal
operations, resulting in significant combustion related air quality impacts.
Mitigation Measure
AQ /mm -1 Prior to issuance of grading permits, the applicant shall submit a. Construction
Activities Management Plan for the review and approval of the SLOAPCD.
This plan shall include but not be limited to the following Best Available
Control Technology for diesel - fueled construction equipment:
a. Minimize the number of large pieces of construction equipment operating
during any given period.
b. Schedule construction related truck/equipment trips during non -peak hours
to reduce peak -hour emissions.
c. Properly maintain and tune all construction equipment according to
manufacturer's specifications.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
d. Fuel all off -road and portable diesel powered equipment including but not
limited to: bulldozers, graders, cranes, loaders, scrapers, backhoes,
generators, compressors, auxiliary power units, with CARB motor vehicle
diesel fuel.
e. Use 1996 or newer heavy duty off road vehicles to the extent feasible.
f. Electrify equipment where possible.
g. Use Compressed Natural Gas (CNG), liquefied natural gas (LNG), bio-
diesel, or propane for on -site mobile equipment instead of diesel - powered
equipment.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 1 is reduced to a less than
significant level.
Impact
AQ Impact 2 Construction of the proposed project would result in direct short-term air
quality impacts associated with ROG and NOx emissions.
Mitigation Measures
AQ /mm -2 Prior to issuance of grading permits, the applicants shall:
a. Submit a Suitability Report identifying and explaining the particular
constraints to using the preferred catalytic soot filter for APCD review and
approval. Suitability shall be determined by an authorized representative
of the filter manufacturer, or an independent California Licensed
Mechanical Engineer.
b. Identify equipment to be operated during construction as early as possible
in order to place the order for the appropriate filter and avoid any project
delays.
c. Include the following specifications on all project plans: Catalyzed diesel
particulate filters (CDPF) shall be used on the pieces of equipment
estimated to generate the greatest emissions. Emissions from the entire
project, including potential hauling activities, shall be evaluated by the
APCD was the final grading quantities are known, and the number of
filters required based on this estimate. The number of filters required for
onsite construction equipment shall be determined after total impacts from
the project are known.
d. Contact the APCD Planning Department (805- 781 -5912) to initiate
implementation of this mitigation measure at least two months prior to
start of construction. The APCD encourages that catalysts be retained and
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
maintained by contractors for future emission reductions and potential
benefits for future project bidding.
AQ /mm -3 Prior to issuance of grading permits, if it is determined that portable engines
and portable equipment will be utilized, the contractor shall contact the
SLOAPCD and obtain a permit to operate portable engines or portable
equipment, and shall be registered in the statewide portable equipment
registration program. Contact APCD Engineering Department at 781 -5912.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 2 is reduced to a less than
significant level.
Impact
AQ Impact 3 PMto emissions resulting from construction activities would result in direct
short and long -term impacts on air quality, further exacerbating the County
non - attainment status for PM1o.
Mitigation Measures
AQ /mm -4 Prior to issuance of grading permits, a Dust Control Plan shall be prepared and
submitted to the APCD for approval prior to commencement of construction
activities. The Dust Control Plan shall:
a. Use APCD approved BMPs and dust mitigation measures;
b. Provide provisions for monitoring dust and construction debris during
construction;
c. Designate a person or persons to monitor the dust control program and to,
order increased watering or other measures as necessary to prevent
transport of dust off -site. Duties should include holiday and weekend
periods when work may not be in progress;
d. Provide the name and telephone number of such persons to the APCD
prior to construction commencement.
e. Identify compliant handling procedures.
f. Fill out a daily dust observation log.
AQ /mm -5 Prior to issuance of grading permits, the applicant shall:
a. Obtain a compliance review with the APCD prior to the initiation of any
construction activities;
b. Provide a list of all heavy -duty construction equipment operating at the
site to the APCD. The list shall include the make, model, engine size, and
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
year of each piece of equipment. This compliance review will identify all
equipment and operations requiring permits and will assist in the
identification of suitable equipment for the catalyzed diesel particulate
filter;
c. Apply for an Authority to Construct from the APCD.
AQ /mm -6 Prior to issuance of grading permits, the following mitigation measures shall
be shown on all project plans and implemented during the appropriate grading
and construction phases to reduce PM10 emissions during earth moving
activities:
a. Reduce the amount of the disturbed area where possible.
b. Water trucks or sprinkler systems shall be used in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 mph. Reclaimed (non -
potable) water shall be used whenever possible.
c. All dirt stockpile areas shall be sprayed daily as needed.
d. 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.
e. All disturbed soil areas not subject to re- vegetation shall be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD.
f. All roadways, driveways, sidewalks, etc. to be paved should be completed
as soon as possible after initial site grading. In addition, building pads
shall be laid as soon as possible after grading unless seeding or soil
binders are used.
g. Vehicle speed for all construction vehicles shall be posted to not exceed
15 mph on any unpaved surface at the construction site.
h. All trucks hauling dirt, sand, or other loose materials are to be covered or
shall maintain at least two feet of free board (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section
23114..
i. Wheel washers shall be installed where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving the site.
j. Streets shall be swept at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with reclaimed water
shall be used when feasible.
k. Permanent dust control measures shall be implemented as soon as possible
following completion of any soil disturbing activities.
AQ /mm -7 During construction, the applicant shall maintain monthly compliance checks
throughout the construction phase, verifying that all equipment and operations
continue to comply with the APCD requirements.
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EXHIBIT A
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C
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 3 is reduced to a less than
significant level.
Impact
AQ Impact 4 Earth moving activities for development of the proposed project components
would result in grading activities that may expose naturally occurring
asbestos, resulting in an indirect short-term impact.
Mitigation Measures
AQ /mm -8 Prior to issuance of building permits, the applicants shall:
a. Conduct a geologic analysis to ensure the presence /absence of serpentine
rock onsite. The geologic analysis shall identify if naturally occurring
asbestos is contained within the serpentine rock onsite; and,
b. If naturally occurring asbestos is found at the project site, the applicant
must comply with all requirements outlined in the Asbestos Airborne
Toxic Control Measures (ATCM). In addition, the applicants shall work
with the APCD to prepare an APCD- approved Asbestos Health and Safety
Program and an Asbestos Dust Control Plan prior to issuance of building
permits. The Asbestos Health and Safety Program and Asbestos Dust
Control Plan may include, but is not limited to, the following:
i. Equipment operator safety requirements: protective clothing,
breathing apparatuses to prevent inhalation of airborne asbestos
fibers,
ii. Dust mitigation measures: continually water site to prevent
airborne dust migration, cover all vehicle that haul materials
from the site
iii. Identification of APCD - approved disposal areas for all
excavated materials.
c. If naturally occurring asbestos is not present, an exemption request must
be filed with the APCD.
Finding:
Mitigation Has Been Incorporated into the Project. The City fords that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 4 is reduced to a less than
significant level.
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
AQ Impact 5 Demolition activities for the Broad Street Parcels development may
potentially lead to adverse air quality impacts during removal or remodeling
of existing structures due to the potential presence of hazardous air pollutants,
resulting in an indirect short-term impact.
Mitigation Measures
AQ /mm -9 Prior to Plan approval, the following measures shall be included as conditions
of approval for any future proposed development within the Broad Street
Parcels component. Prior to commencement of demolition activities, the
applicant shall:
a. Notify the APCD at least 10 working days prior to commencement of any
demolition activities;
b. Conduct an Asbestos survey by a Certified Asbestos Inspector;
c. Use applicable disposal and removal 'requirements for any identified
asbestos containing material.
d. Contact the SLOAPCD Enforcement Division prior to final approval of
any demolition activity.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 5 is reduced to a less than
significant level.
Impact
AQ Impact 6 ROG, NOx, CO, and PM o long -term operation emissions would exceed the
APCD's Tier II Threshold, and ROG emissions would exceed the APCD's
Tier III Threshold. Development of the project would result in a direct long-
term impact on air quality.
Mitigation Measures
AQ /mm -10 Prior to issuance of building permits, the following mitigation measures shall
be implemented to reduce area source emissions, to the greatest extent
feasible.
a. Increase walls and attic insulation by 10% above what is required by
APCD Title 24.
b. Plant shade trees along the southern exposures of buildings to reduce
summer cooling needs.
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c. Plant shade trees in parking lots to reduce evaporative emissions from
parked vehicles.
d. Use built -in energy efficient appliances.
e. Orient buildings toward streets with convenient pedestrian and transit
access.
f. Use double -paned windows.
g. Use low- energy parking lot and streetlights. (e.g. sodium), consistent with
visual policies.
h. Use energy efficient interior lighting..
i. Incorporate energy efficient skylights into roof plan (i.e. should meet the
EPA/DOE Energy Star® rating).
j. Install high efficiency or gas space heating.
k. Install door sweeps and weather stripping if more efficient doors and
windows are not available.
AQ /mm -11 Prior to issuance of building permits, the following mitigation measures shall
be implemented, where applicable, to reduce area source emissions resulting
from the use of wood - burning stoves. The SLOAPCD approved devices for
new homes under APCD Rule 504 include:
a. All EPA - Certified Phase II wood burning devices;
b. Catalytic wood burning devices which emit less than or equal to 4.1 grams
per hour of particulate matter which are not EPA - Certified but have been
verified by a nationally - recognized testing lab;
c. Non - catalytic wood burning devices which emit less than or equal to 7.5
grams per hour of particulate matter which are not EPA- Certified but have
been verified by a nationally- recognized testing lab;
d. Pellet - fueled wood heaters; and,
e. Dedicated gas -fired fireplaces.
AQ /mm -12 Based on the Mitigation Threshold Guide (Table 5 -1 in the SLOPAPCD
CEQA Air Quality Handbook), all of the standard mitigation measures and all
of the feasible discretionary mitigation measures identified within the APCD
Handbook would apply to the proposed project. The City of San Luis Obispo
has met with the APCD to define which measures would be most effective at
mitigating impacts from the proposed project. According to APCD
recommendations, the applicant shall:
a. Provide transit bus stop enhancements, information kiosk, smart signs,
shelter, and lighting within the project area;
b. Provide bicycle paths for project and connecting to Railroad Bicycle Path
as required by TR/mm -6)
c. Provide onsite long and short-tem bicycle parking for residential and
commercial elements of the project;
d. Implement onsite circulation design element in parking lots to reduce
vehicle queuing and improve the pedestrian and bicycle environment;
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e. Provide continuous walkways separated from the roadway by landscaping
and on street parking;
f. Include internal wiring/cable in dwelling unit that allows telecomm
uniting and teleconferencing to occur simultaneously in at least three
locations in each home;
g. Provide pedestrian signalization and signage to improve pedestrian safety;
h. Establish a buffer zone between the railroad and the residential portion of
the project.
AQ /mm -13 Prior to issuance of building permits, the applicants shall prepare an
aggressive tree planting and landscape plan using species endemic to the area
to be prepared as a part of the proposed development and shall be developed
in coordination with the APCD and the Community Development Director.
The tree planting and landscape plan shall include deciduous trees, planted so
that they can shade buildings in the summer, decrease indoor temperatures,
and reduce energy demands for air conditioning and fossil fuel emissions.
AQ /mm -14 Based on the Mitigation Threshold Guide ( Table 5 -1 in the SLOPAPCD
CEQA Air Quality Handbook), all of the standard mitigation measures and all
of the feasible discretionary mitigation measures identified within the APCD
Handbook would apply to the proposed project. The City of San Luis Obispo
has met with the APCD to define which measures would be most effective at
mitigating impacts from the proposed project. According to APCD
recommendations, the applicant shall:
a. Provide assistance in the implementation of projects that are identified in
the City's Bicycle Transportation Plan or establish an easement and extend
the Railroad Bicycle Path along the frontage between the Tumbling
Waters development and the railroad.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 6 is reduced to a less than
significant level.
Impact
AQ Impact 7 Incompatible mixed -use development has the potential to place residential
development in the same building or adjacent to land uses that may potentially
create odor or inhalation hazards. These actions could result in a direct long-
term impact.
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O •
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation Measures
AQ /mm -15 Prior to approval of the development plan, the City shall coordinate with the
APCD to determine appropriate mixed -use designations and to determine
potential uses that would require APCD permit approval.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 7 is reduced to a less than
significant level.
Impact
AQ Impact 8 The project, combined with all other future projects in the area would result in
significant cumulative, direct long -term operational impacts to air quality.
Mitigation Measures
Implement mitigation measures AQ /mm -1 through AQ /mm -15, as described above.
Findings
Mitigation measures have been incorporated into the project, which avoid or substantially lessen
AQ Impact 8 identified in the Final EIR; however, this impact remains significant and
unavoidable. The City has determined that AQ Impact 8 is acceptable by reason of the overriding
considerations discussed in Section VIII.
D. NOISE
Impact
NS Impact 1 Development of the proposed project would expose existing and newly
constructed sensitive residential receptors surrounding and on the project site
to temporary construction- related noise impacts, resulting in a direct short-
term impact.
Mitigation Measures
NS /mm -I Prior to issuance of building permits, the applicants shall submit a Noise
Reduction Plan prepared by a qualified acoustical consultant for review and
approval by the City Planning Department. The Noise Reduction Plan shall
include but is not limited to:
a. Limit all phases of construction to the hours of 7:00 AM to 10:00 PM
Monday through Friday as required by City ordinance;
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
b. Regular notification of all existing and future residences within 1,000 feet
of the site boundary concerning the construction schedule;
c. Shield especially loud pieces of stationary construction equipment;
d. Locate portable generators, air compressors; etc. away from sensitive
noise receptors;
e. Limit grouping major pieces of equipment operating in one area to the
greatest extent feasible;
f. Place heavily trafficked areas such as the maintenance yard, equipment,
tool, and other construction oriented operations in locations that would be
the least disruptive to surrounding sensitive noise receptors,
g. Use newer equipment that is quieter and ensure that all equipment items
have the manufacturers' recommended noise abatement measures, such as
mufflers, engine covers, and engine vibration isolators intact and
operational. Internal combustion engines used for any purpose on or
related to the job shall be equipped with a muffler or baffle of a type
recommended by the manufacturer;
h. Conduct worker - training meetings to educate and encourage noise
awareness and sensitivity. This training should focus on worker conduct
while in the vicinity of sensitive receptors (i.e. minimizing and locating
the use of circular saws in areas adjacent to sensitive receptors and being
mindful of shouting and the loud use of attention drawing language); and,
i. Notify surrounding residences in advance of the construction schedule
when unavoidable construction noise and upcoming construction activities
likely to produce an adverse noise environment are expected. Noticing
shall provide phone number of project monitor, City inspector,
construction foreman etc. This notice shall be given one week in advance,
and at a minimum of one day in advance of anticipated activities have
changed. Project representative shall verbally notify all surrounding
residential owners.
Finding:
Mitigation Has Been Incorporated into the Project. The City fmds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 1 is reduced to a less than
significant level.
Impact
NS Impact 2 Increased vehicular noise resulting from the proposed project would expose
sensitive residential receptors to outdoor noise levels that would exceed the
thresholds defined in the City Noise Element, resulting in a direct long -term
impact.
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Four Creels Rezoning Project CEQA Findings - Exhibit A
Mitigation Measures
NS /mm -2 Prior to issuance of building permits, the applicants shall submit revised plans
for the review and approval of the City Community Development Director
and the Architectural Review Commission that include the implementation of
mitigation strategies, which would attenuate outdoor noise levels below the 60
dB threshold. The applicant shall comply with one of the following:
a. The applicant shall implement the following noise mitigation strategy,
which has been modeled and determined to attenuate outdoor activity area
noise levels to below the 60 dB threshold.
Design the buildings that are adjacent to and bordering Orcutt Road
and Broad Street (refer to Figures NS-4 and NS -5) such that the
outdoor activity areas are located the farthest distance from the right-
of-way line as possible, (other structures depicted in Figures NS -4 and
NS -5 would be located far enough away from the roadway and
shielded by other structures to be in compliance with the Noise
Element). To accomplish this, orient the structure such that the
building is between the source of noise and the outdoor activity area.
In this way, the structure provides a shielding effect for the outdoor
activity area from the noise source (refer to Figures NS -4 and NS -5 for
building orientation direction).
Implement sound barriers as depicted in Figures NS-4 and NS -5 along
building exteriors adjacent to the noise source to attenuate noise levels
for the various floors of the project components. The barriers would
need to sufficiently wrap around the end structures and break the line
of sight to attenuate noise levels. Physical sound barriers shall be built
to the heights recommended in Figures NS -4 and NS -5. The sound
barriers would be most effective when placed as close to the structures
as possible and in the arrangements shown. There are a number of
aesthetic treatments that could be included in the design to help
visually soften the sound barrier.
Or,
b. The applicant shall submit proposed alternative mitigation strategies and
shall demonstrate that the alternative mitigation strategies would attenuate
outdoor noise levels below 60 dB. An individual deemed qualified in noise
analysis by the City of San Luis Obispo shall model the effectiveness of
the alternative mitigation strategies to verify that outdoor activity area
noise levels would be attenuated below 60 dB. Modeling and or /reporting
shall be conducted using verifiable methodologies. Acceptable
combinations of mitigation strategies include the installation of physical
sound barriers in conjunction with architectural design features, setbacks
from the noise source, and/or the elimination of outdoor activity areas.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
NS /mm -3 Prior to final inspection or occupancy, whichever occurs first, the applicants
shall provide the Community Development Director with a report from an
engineer qualified in noise analysis, indicating that outdoor noise mitigation
measures have been installed as discussed in NS /mm -2.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 2 is reduced to a less than
significant level.
Impact
NS Impact 3 Increased vehicular noise under Baseline Plus Project conditions would
expose sensitive residential receptors to interior noise levels that would
exceed the thresholds defined in the City Noise Element, resulting in a direct
long -term impact.
Mitigation Measures
NS /mm -4 Prior to issuance of building permits, the applicants shall submit revised plans
for the review and approval of the City Community Development Director
that include the implementation of mitigation strategies, which would
attenuate interior noise levels to below the 45 dB Ldn threshold and the 60 dB
SEL (single event level) maximum threshold. The applicant shall comply
with one of the following:
a. The applicant shall implement the following noise mitigation strategy,
which has determined to attenuate interior noise levels to below the 45 dB
Ldn threshold and the 60 dB SEL (single event level) maximum threshold.
Vents and roof penetrations: Soffit vents, cave vents, dormer vents and
other wall and roof penetrations shall be located on the walls and roofs
facing away from the noise source wherever possible. In addition, any
roof and attic facing the noise source shall be baffled.
Walls: The walls of habitable spaces of dwelling units nearest the
noise source shall have wall construction with an S.T.C. (Sound
Transmission Class) rating of 30 or greater. For instance, stucco
exterior or equivalent on 2" x 6" stud walls with minimum R -13
insulation and two layers of 1/2" gypsum board on the interior will
provide an S.T.C, rating of 30 or greater along these walls. The same
S.T.0 rating of 30 or greater can be achieved with a 1/2" soundboard
applied to the outside of the 2" x 6" studs with minimum R -13
insulation and one layer of 1/2" gypsum board on the interior.
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Acoustical Leaks: Common acoustic leaks, such as electrical outlets,
pipes, vents, ducts, flues and other breaks in the integrity of the wall,
ceiling, or roof construction on the side of the dwellings nearest
transportation noise source shall receive special attention during
construction. All construction openings and joints on the walls on the
noise facing side of the project shall be insulated, sealed, and caulked
with a resilient, non - hardening, acoustical caulking material. All such
openings and joints shall be airtight to maintain sound isolation.
Windows: To meet the interior Ldn 45 dBA requirements, windows for
habitable spaces of affected units facing the noise source shall be of
minimum double - glazed construction and installed with an interior
glass sash in accordance with the recommendations of the
manufacturer. The windows shall be fully gasketed, with an S.T.C.
rating of 30 or better, as determined in testing by an accredited
acoustical laboratory. Windows and sliding glass doors shall be
mounted in low air infiltration rate frames (0.5 cfm or less, per ANSI
specifications).
Doors: Exterior doors shall be of solid core, with perimeter weather
stripping and threshold seals on all exterior doors of impacted units
facing the noise source shown in Figure NS -6.
a
b. The applicant shall submit proposed alternative mitigation strategies and
shall demonstrate that the alternative mitigation strategies would attenuate
interior noise levels below the 45 dB Ldn threshold and the 60 dB SEL
single event level) maximum threshold. An individual deemed qualified
in noise analysis by the City of San Luis Obispo shall model the
effectiveness of the alternative mitigation strategies to verify that interior
noise levels would be attenuated below the 45 dB Ldn threshold and the
60 dB SEL ( single event level) maximum threshold. Modeling and
or /reporting shall be conducted using verifiable methodologies.
NS /mm -5 Prior to issuance of building permits, the applicants shall submit revised plans
for the review and approval of the City Community Development Director
that provide the structures highlighted in Figure NS -6 with air conditioning
units and mechanical ventilation systems so the windows can remain closed
during summer months and still achieve interior noise standards.
NS /mm -6 Prior to final inspection or occupancy, whichever occurs first, the applicants
shall provide the Community Development Director with a report from an
engineer qualified in noise analysis, noting that interior noise mitigation
measures have been installed as discussed in this EIR.
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Finding:
Mitigation Has Been Incorporated into the Project. The City fmds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 3 is reduced to a less than
significant level.
Impact
NS Impact 4 Development of the project would expose outdoor activity areas along the
eastern project boundary to noise levels from railroad sources that would
exceed the thresholds contained in the City Noise Element, resulting in a
direct, long -term impact.
Mitigation Measures
Implement NS /mm -2 and NS /mm -3, as described above.
NS /mm -7 Prior to recordation of the Final Map, the applicants shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential property owners,
tenants, etc., that there would be times where residents are subject to outdoor
noise levels that exceed the allowable. Ldn noise thresholds defined in the City
Noise Element due to railroad traffic from Amtrak and the UPRR.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 4 is reduced to a less than
significant level.
Impact
NS Impact 5 Development of the project would expose interior living areas along the
eastern project boundary to noise levels from railroad sources that would
exceed the thresholds contained in the City Noise Element, resulting in a
direct, long -term impact.
Mitigation Measures
Implement NS /mm -4 through NS /mm -6, as described above.
NS /mm -8 Prior to issuance of building permits, the applicant shall revise site plans to
show the provision of double glazed laminated windows that have a minimum
10 mm thickness with a 12 mm space and 6.4 mm laminated surface for all
windows facing the railroad tracks (refer to Figure NS -6).
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 5 is reduced to a less than
significant level.
Impact
NS Impact 6 Increased vehicular noise from General Plan Buildout would expose sensitive
residential receptors to outdoor noise levels that would exceed the thresholds
defined in the City Noise Element, resulting in a direct long -term impact.
Mitigation Measures
Implement NS /mm -2 and NS /mm -3, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 6 is reduced to a less than
significant level.
Impact
NS Impact 7 Increased vehicular noise from General Plan Buildout would expose sensitive
residential receptors to interior noise levels that would exceed the thresholds
defined in the City Noise Element, resulting in a direct long -term impact.
Mitigation Measures
Implement NS /mm-4 through NS /mm -6, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 7 is reduced to a less than
significant level.
E. HAZARDS AND HAZARDOUS MATERIALS
Impact
HAZ Impact 1 Development of the proposed project would increase residential density
within San Luis Obispo Regional Airport S -2 Safety Area, inconsistent with
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EXHIBIT A
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u
Four Creeks Rezoning Project CEQA Findings - Exhibit A
safety- related policies of the ALUP, resulting in a direct long -term safety
impact.
Mitigation Measures
HAZ /mm -1 Prior to development plan, rezoning, or general plan amendment approval by
the City Council, the proposed project must be referred to the ALUC for a
consistency determination with the ALUP. The ALUC must determine that
the proposed residential density is consistent with the ALUP; or, the applicant
shall submit revised plans that show a reduction in proposed residential
density, consistent with ALUP requirements. The proposed project may not be
approved by the City Council unless it is determined to be consistent with the
AL UP by the AL UC.
HAZ /mm -2 Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &Rs) 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.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 1 is reduced to a less than
significant level.
Impact
HAZ Impact 3 Development of the Creekston component of the proposed project would
introduce a day -care facility within San Luis Obispo Regional Airport S -2
Safety Area. This is inconsistent with the policies of the ALUP and would
result in a significant long -term impact.
Mitigation Measures
HAZ /mm -5 Prior to development plan, rezoning, or general plan amendment approval, by
the City Council, the project must be referred to the ALUC for a consistency
determination with the ALUP. The ALUC must determine that the proposed
Special Function Land Use is consistent with the ALUP; or, the applicant
shall submit revised plans showing that the proposed Day Care Facility has
been eliminated from the proposal. The proposed project may not be approved
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
by the City Council unless it is determined to be consistent with the ALUP by
the AL UC.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 3 is reduced to a less than
significant level.
Impact
HAZ Impact 4 Development of the proposed project would exceed the maximum building
coverage allowed within S -2 Safety Area of the San Luis Obispo Regional
Airport. This is inconsistent with the policies of the ALUP and would result in
a significant long -term impact.
Mitigation Measures
HAZ /mm -6 Prior to development plan, rezoning, or general plan amendment approval, by
the City Council, the project must be referred to the ALUC for a consistency
determination with the ALUP. The ALUC must determine that the proposed
Building Coverage is consistent with the ALUP; or, the applicant shall submit
revised plans showing that the 20 percent building coverage limitation has
been met. The proposed project may not be approved by the City Council
unless it is determined to be consistent with the ALUP by the ALUC.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted.. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 4 is reduced to a less than
significant level.
Impact
HAZ Impact 5 Transportation of hazardous materials through and adjacent to the project site
could potentially expose residences to safety impacts associated with
hazardous materials, or structures could be physically impacted by train crash,
resulting in a direct long -term impact.
Mitigation Measures
HAZ /mm -7 Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential buyers or leasers
that hazardous materials are or could be transported on Sacramento Drive and
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
the UPRR tracks, and that inherent safety/hazardous materials impacts exist
should an accident or upset condition occur.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 5 is reduced to a less than
significant level.
Impact
HAZ Impact 5a Diesel exhaust from trains idling along the project frontage, adjacent to the
Tumbling Waters development, could result in health impacts to residents due
to the diesel particulate matter in the exhaust.
Mitigation Measures
HAZ /mm -7a Prior to issuance of occupancy permits, the applicant shall submit to the
Community Development Department evidence that they are working with
UPRR to establish a "No Idling Zone" along the project frontage. "
HAZ /mm -7b Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential buyers or leasers
the potential health hazards and nuisances associated with diesel particulate
matter.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 5a is reduced to a less than
significant level.
F. UTILITIES
Impact
UTIL Impact I The proposed project would consume approximately 40 percent of the City's
remaining available water supply, resulting in a direct long -term impact.
Mitigation Measures
UTIL /mm -1 At the time of application for building permits, the applicants shall submit
revised plans that include all on -site irrigation systems designed for the use of
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EXHIBIT A
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Four Creekr Rezoning Project CEQA Findings - Exhibit A
City recycled wastewater. All water utility services shall be designed for
compatibility with on -site use of recycled water for irrigation.
UTIL /mm -2 Prior to issuance of building permits, the applicants shall develop a detailed
Water Conservation Plan to be reviewed and approved by the Community
Development Director. The Water Conservation Plan shall identify use of the
following: low flow shower restrictors, low flow toilet fixtures, drought
tolerant landscaping, and other water saving devices. In addition, the plan
shall incorporate the use of recycled water for landscape irrigation to mitigate
overall water consumption.,
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, UTIL Impact 1 is reduced to a less than
significant level.
Impact
UTIL Impact 2 The proposed project would create additional wastewater flows through
wastewater conveyance systems that are currently operating near capacity,
resulting in a direct long -term impact.
Mitigation Measures
UTIL /mm -3 Prior to issuance of building permits, the applicants shall make fair share
payments to the City's Wastewater Impact Fee, which would help finance the
construction of any needed capacity expansion at the wastewater treatment
plant and the necessary Tank Farm Regional lift station that would serve the
project. Payments into the City's Wastewater Impact Fees include
consideration of needed system improvements.
UTIL /mm-4 Prior to issuance of building permits, the applicants shall provide evidence
that there are adequate wastewater conveyance systems to serve the proposed
project through either of the following:
a. A letter from the City Public Works Department indicating that
construction of the Tank Farm Regional lift station is completed; or,
b. A letter from the City Public Works Department indicating that a
phased approach to the project has been reviewed and approved based
on estimates of existing wastewater capacity from the City Utilities
Engineer.
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EXHIBIT A
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U
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, UTIL Impact 2 is reduced to a less than
significant level.
G. AESTHETIC RESOURCES
Impact
AES Impact 1 Construction of specific buildings adjacent to Orcutt Road would effectively
wall -off' views of the South Street Hills from a City - designated Scenic
Roadway resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -I Prior to issuance of grading permits for the Tumbling Waters and Creekston
developments, all project grading and building plans shall be revised to show
that all structures west of the proposed Sacramento Drive Extension conform
to the following:
a. Structures within 100 feet of the edge of the future alignment of Orcutt
Road shall be a maximum of 30 feet in height.
b. Structures within 150 feet of the edge of the future alignment of Orcutt
Road shall be a maximum of 35 feet in height.
Alternative Mitigation Measures Incorporated Into the Project Design:
Alternate AES /mm -1
Tumbling Waters:
On August 17, 2005, after review of the Draft EIR for the project, revised plans for the Tumbling
Waters project were submitted with the following changes to address AES Impact 1.
1) The number of units at the northwest corner of the project site (the impact
area) has been reduced from 17 units to 9 units, significantly reducing the
scale and mass of the buildings.
2) The duplex units that are now proposed in the impact area are significantly
lower in height (2 stories above parking instead of 3 stories above parking)
than the four -plex units evaluated in the Final EIR. Each of these buildings is
also approximately 7 feet narrower, reducing the duration of the potential
view blockage along Orcutt Road.
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Four Creeks Rezoning_ Project CEQA Findings - Exhibit A
3) The applicants are pursuing revisions to the grading plan to lower the finished
grade in the impact area by approximately two feet, further reducing the
relative height of the proposed buildings. As proposed, the buildings in the
impact area would stand approximately 35 feet above existing grade, meeting
the requirement of AES /mm -1 for buildings within 150 feet from the edge of
the roadway, but still inconsistent with the 30 -foot height limit for buildings
within 100 feet of the roadway.
Creekston:
On August 15, 2005, after review of the Draft EIR for the project, revised plans for the
Creekston project were submitted with the following changes to address AES Impact 1.
1) The row of eucalyptus trees along the eastern edge of the development area
will be maintained. The trees will be safety pruned and impacts associated
with their removal (aesthetics and biological) will be reduced to insignificant
levels.
2) The two 57' ,tall loft buildings will be relocated to the east side of the site,
adjacent to the row of eucalyptus trees. The proposed loft buildings do not
pierce the ridgeline of the South Street Hills and in this location are partially
screened in the foreground by the tall trees.
3) The three mixed -use buildings at the front of the site have been clustered at
the eastern end of the site to improve the line of site from Orcutt Road to the
South Street Hills. The relocation of the buildings in this manner reduces the
obstruction by over 60 feet, or by about 1/3 of the frontage.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
alternative mitigation measure is feasible and has been adopted. With the proposed alternative
mitigation measure incorporated into the project plans, AES Impact 1 is reduced to a less than
significant level.
Impact
AES Impact 3 Without strict adherence to the San Luis Obispo Community Design
Guidelines, the proposed project would substantially degrade the existing
visual character of the site and its surroundings.
Mitigation Measures
AES /mm -2 Prior to issuance of grading permits for the Tumbling Waters and Creekston
developments, the Architectural Review Commission, in consultation with
City staff and other reviewing authorities, shall require that the project adhere
to the Community Design Guidelines. The Architectural Review
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E
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Commission, City staff, and other reviewing authorities shall not approve the
project unless the following specific findings can be made:
a. The project maintains a high quality of craftsmanship in development
through use of authentic building styles, design elements, and materials.
b. The project buildings are clustered to achieve a "village" scale. The
various buildings are designed to create a visual and functional
relationship with one another.
C. The project buildings provide a sense of human scale. The project
buildings incorporate significant wall and roof articulation to reduce
apparent scale. Roofs are multi - planed to avoid large, monotonous
expanses. Horizontal and vertical wall articulation are expressed through
the use of elements such as wall offsets, recessed windows and entries,
awnings, and second floor setbacks.
d. The project buildings incorporate setbacks at the ground floor level and/ or
upper levels (stepped -down) along street frontages such that they do not
visually dominate the adjacent neighborhood.
e. The project buildings' elements are in proportion. Building designs
demonstrate continuity, harmony, simplicity, rhythm, and balance and are
in proportion to one another.
f. The project's internal streets are designed as if they were pleasing public
streets, with comprehensive streetscapes including sidewalks, and planting
strips between curb and sidewalk with canopy trees.
g. The project landscaping is planned as an integral part of the overall design
and not simply located in "left over" areas. Landscaping is used to help
define outdoor spaces, soften the project structures' appearance, and to
screen parking, loading, storage, and equipment areas
h. Where visual screening at ground level is required (for those portions of
the development visible from Broad Street and Orcutt Road), the project
utilizes a combination of elements as appropriate, such as walls, berms,
and landscaping.
i. The project maintains views of the South Street Hills and the Santa Lucia
Foothills to the greatest extent possible.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 3 is reduced to a less than
significant level.
Impact
AES Impact 4 The height of the "Loft" residential structures proposed as part of the
Creekston project component would be out -of -scale with the rest of the
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EXHIBIT A
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1 E
Four Creeks Rezoning Project CEQA Findings - Exhibit A
project, the setting, and inconsistent with the pedestrian viewing experience,
resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -3 Prior to issuance of building permits for the Creekston development, all
project grading and building plans shall be revised to show the height of the
Loft buildings not exceeding 45 feet above average natural grade.
AES /mm -4 Prior to issuance of grading permits for the Creekston development, the
applicant shall revise all site and landscape plans to include a minimum 20
foot planting area along the west side of the Loft residential buildings. Tall
growing evergreen trees shall be densely planted in this area. Prior to issuance
of grading permits, the applicant shall enter into an agreement with the City to
install required landscaping and water- conserving irrigation systems and
maintain landscaping for the life of the project. The applicant shall also
submit a fmal landscaping and water - conserving imgation plan to the
Community Development Director for review and approval. Prior to
occupancy clearance, landscaping and irrigation shall be installed.
Findings:
The City has determined that theproposed mitigation measures AES /mm -3 and AES /mm -4 are
infeasible, due to the following:
1) The proposed building height of 57 -feet for the loft buildings is necessary to achieve high
density development within the available development areas of the site. The objectives
of the project include the designation of the site for high density residential development
to allow for the implementation of the Creekston development plan. The two loft
buildings contain 36 1- bedroom units that are 850 square feet each. These units are
affordable by design and contribute to the variety of housing cost, type and tenure within
the project site, which are General Plan goals.
2) Over 2.5 acres of the Creekston project site are occupied by creek corridors, including
setback areas. In order to achieve high density development in the manner proposed by
the project, which has been determined to be consistent with the General Plan, building
height greater than allowed under AES /mm -3 is necessary.
3) AES /mm -4 is not feasible because the loft buildings have been relocated to address AES
Impact 1 and a 20 -foot planting area west of the building conflicts with required garage
access and driveway aisles on the project site, and conflicts with the location of other
units proposed on the site.
The following alternate mitigation measure has been incorporated in the proposed project;
however, even with implementation of this mitigation measure this impact remains significant
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
and unavoidable. The City has determined that AES Impact 4 is acceptable by reason of the
overriding considerations discussed in Section VII.
Alternate AES /mm -3: As shown on the Creekston project plans, submitted August 15, 2005,
the row of eucalyptus trees along the eastern edge of the development
area will be maintained and the two 57' tall loft buildings will be
relocated adjacent to the row of eucalyptus trees. The relocation of the
buildings adjacent to the tall stand of eucalyptus trees will help to
provide context for the proposed building height, and achieve some of
the goals of AES /mm -4.
Impact
AES Impact 5 The proposed landscape area along the north side of the Tumbling Waters
component is located within City-owned right -of -way and is insufficient in
reducing the urban appearance of the project and blending it with the
community, resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -5 Prior to issuance of grading permits for the Tumbling Waters development,
the Architectural Review Commission, in consultation with City staff and
other reviewing authorities, shall require that the project adhere to the
Community Design Guidelines. The Architectural Review Commission, City
staff, and other reviewing authorities shall not approve the project unless the
following specific findings can be made:
a. Sufficient landscaped buffer area (minimum of 20 -feet) shall be located on
the northern boundary of the project site, outside of City-owned right -of-
way; and
b. Within the minimum landscape buffer area, planting density and species
height shall be increased so that after five years a minimum of 80 percent
of the development is not visible from Orcutt Road.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 5 is reduced to a less than
significant level.
Impact
AES Impact Visibility of existing overhead utilities along Orcutt Road would add to the
visual clutter of the project and would increase the urban visual character of
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
the site as seen from a City- designated scenic roadway resulting in a direct,
long -term impact.
Mitigation Measures
AES /mm -6 Prior to issuance of building permits for the Tumbling Waters and Creekst6n
developments, the applicants shall submit utility relocation plans showing the
undergrounding of all existing overhead utilities along the south side of Orcutt
Road.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 6 is reduced to a less than
significant level.
Impact
AES Impact 7 Removal of the eucalyptus trees along Sydney Creek would adversely affect
the vegetative character of the site and the surrounding neighborhood, would
increase noticeability of existing and proposed project, and would decrease
spatial qualities desirable for creating a village -like, pedestrian -scale
development resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -7 Prior to issuance of building permits for the Creekst6n development, the
applicant shall revise all site and landscape plans to include the preservation
and protection of the existing eucalyptus trees along Sydney Creek to the
greatest extent feasible. If tree removal is unavoidable, the Revegetation and
Restoration Plan (identified within the Biological Resource Section of the
EIR) shall identify all native and non - native trees to be retained and all native
and non - native trees to be removed by location, size, and species. The Plan
shall not allow removal of any tree taller than 40 feet, and shall not allow
removal of more than 15 percent of the total number of trees along the creeks
within the development. The Plan shall be field verified by a Certified
Arborist and shall be reviewed and approved by the City Natural Resources
Manager.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 7 is reduced to a less than
significant level.
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Impact
AES Impact 8 Visibility of proposed light sources would substantially increase nighttime
glare and light spillover as seen from City- designated scenic roadways and
residential areas resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -8 Prior to issuance of building permits for the Tumbling Waters and Creekston
developments, the applicants shall submit exterior lighting plans in
conformance with the San Luis Obispo Community Design Guidelines,
Chapter 6.1 C, Lighting. In addition, plans shall include the following:
a. The point source of all private road street lighting, business and parking
lot lighting, public area lighting, and residential exterior lighting shielded
from off -site views.
b. Light trespass from streetlights minimized by directing light downward
and utilizing cut -off fixtures or shields.
c. Illumination from streetlights, parking area lights, and public area lights at
the lowest level allowed by public safety standards.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted.. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 8 is reduced to a less than
significant level.
Impact
AES Impact 9 The visibility of the proposed project combined with the continuing
development of along the Broad Street corridor and the southern portion of the
City would cause an increasing reduction in hillside resource views and
urbanization along City- designated scenic roadways resulting in a direct, long-
term impact.
Mitigation Measures
Implement mitigation measures AES /mm -1 through AES /mm -8, as described above.
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 9 is reduced to a less than
significant level.
Impacts
AES Impact 10 The installation of physical sound barriers, as recommended by NS /mm -2,
would substantially degrade the existing visual character and increase the
urban visual character of the project resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -9 Prior to issuance of building permits for the Tumbling Waters and Creekston
components, project grading and building plans shall be revised to show the
following:
All proposed physical sound barriers shall be in tones compatible with
surrounding terrain or buildings. Sound barriers shall be screened with native
vegetation (including trees, shrubs, and vines) to ensure a minimum of 80
percent screening after five years.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 10 is reduced to a less than
significant level.
H. ISSUES EVALUATED WITH INSIGNIFICANT IMPACTS
1. Geology and Hydrology
Impacts
INSIG Impact 3 The project site is located on expansive, soft, and liquefiable soils; building
foundations have the potential to be subject to differential settlement.
Mitigation Measures
INSIG /mm -1 Prior to issuance of grading permits, the applicant shall incorporate into the
grading plans all recommendations of the Geotechnical and Soil Investigation
Report prepared for the project by Earth Systems Pacific, 2004, for the
Tumbling Waters component, and GSI Soils Inc. for the Creekston project
component.
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Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 3 is reduced to a less than
significant level.
2. Cultural Resources
Impacts
INSIG Impact 4 Earthmoving activities associated with the construction and future
development of the project site have the potential to unearth prehistoric and
historic resources, resulting in potentially significant impacts to cultural
resources.
Mitigation Measures
INSIG /mm -2 Prior to issuance of grading permits, the applicant shall prepare and submit a
cultural resources monitoring plan to the City of San Luis Obispo Community
Development Director for review and approval. The monitoring plan shall
identify the procedure for notification of accidental discovery. The plan shall
also identify the proposed communication network so that if any suspected
historic cultural materials are unearthed, they can be quickly examined and
evaluated by a qualified historic archaeologist and appropriate
recommendations made consistent with CEQA and the San Luis Obispo's
historic resources guidelines.
INSIG /mm -3 Prior to commencement of initial grading and grubbing, archaeological
training shall be conducted for all construction personnel to educate them
about what types of historic cultural materials may be encountered during
construction excavation. This training shall be conducted by a qualified
archaeologist approved by the City of San Luis Obispo Community
Development Director.
INSIG /mm -4 During construction, in the event that buried or isolated prehistoric or historic
material is discovered on the property, all activities shall cease in the affected
area until the area is surveyed by a qualified archaeologist/historian approved
by the City of San Luis Obispo Community Development Director. Under the
direction of the archaeologist/historian, a mitigation plan shall be developed
and approved by the City. Salvage or mitigation excavations shall be outlined
in the mitigation plan, as necessary.
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 4 is reduced to a less than
significant level.
3. Recreation
Impact
INSIG Impact 5 Development of the proposed project would increase the use of existing
neighborhood and regional parks or other recreational facilities such that
substantial physical deterioration of the facility could occur or be accelerated.
Mitigation Measures
INSIG /mm -5 Prior to land use permit issuance, the applicants shall comply with Sections
16.40.040 through 16.40.100 of the City Municipal Code and dedicate land
equivalent to five acres for each 1,000 residents expected to reside within the
subdivision or pay in -lieu fees, as applicable.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 5 is reduced to a less than
significant level.
Impact
INSIG Impact 6 Development of the proposed project includes recreational facilities or
requires the construction or expansion of recreational facilities, which might
have an adverse physical effect on the environment.
Mitigation Measures
The recreation facilities proposed are incorporated into the design of the Creekst6n and
Tumbling Waters developments and would be constructed concurrently with the rest of the
project. The long- and short-term impacts associated with the construction of these facilities are
addressed under each of the applicable resource headings (i.e., Biological Resources) within
Section V of this document, and mitigation measures have been recommended as applicable. No
additional mitigation measures are necessary.
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EXHIBIT A
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 6 is reduced to a less than
significant level.
Impact
INSIG Impact 7 Development of the proposed project, including the proposed Class I bikeway
within the Sacramento Drive extension easement, would increase bicycle lane
usage on Orcutt Road.
Mitigation Measures
Implement TR/mm -6, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 7 is reduced to a less than
significant level.
Impact
INSIG Impact 8 Construction activities along the Orcutt Road and Broad Street frontages
would result in short-term impacts to recreational and commuter bicyclists.
Mitigation Measures
INSIG /mm -6 Prior to initiating construction, the applicant shall coordinate with the City
Public Works Department and provide the following:.
a. Signage along the length of all affected roads advising bicyclists of the
temporary construction and the estimated period of construction along
these routes.
b. Signage for an alternative bike route when existing routes are affected by
construction.
c. Signage alerting bicyclists and vehicular traffic of the need to exercise
caution.
INSIG /mm -7 During construction activities adjacent to the edge of pavement, construction
crews shall keep all equipment off of the paved roadway to the maximum
extent feasible to allow bicyclists to continue to use the road. (Note:
Exceptions to this measure shall include situations where sensitive habitat is
located adjacent to roadways and where safety issues exist.)
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INSIG /mm -8 During construction when equipment is located in the roadway, the applicant
shall provide one flag person to separately guide bicyclists and motor vehicles
past the construction zone.
INSIG /mm -9 Upon completion of construction adjacent to Broad Street and Orcutt Road,
the applicant shall replace all bicycle lanes that have been damaged by the
construction process to City standards. In addition, if any paint is scuffed, the
applicant shall repaint the affected bicycle lane markings.
Finding:
Mitigation Has Been Incorporated into the Project. The City fords that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 8 is reduced to a less than
significant level.
4. Other Issues
Impact
INSIG Impact 9 The solid waste stream generated by the project would result in less than
significant energy impacts.
Mitigation Measures
INSIG /mm -10 Construction Solid Waste Minimization. During the construction phase of the
project, the following measures shall be implemented to reduce solid waste
generation to the maximum extent feasible:
a. The applicant shall develop and implement a Solid Waste Management
Program. The program shall identify the amount of waste generation .
projected during processing of the project.
b. Prior to construction, the applicant shall arrange for construction recycling
service with a waste collection provider. Roll -off bins for the collection of
recoverable construction materials shall be located onsite. Wood,
concrete, drywall, metal, cardboard, asphalt, soil, and land clearing debris
shall all be recycled.
c. The applicant shall designate a person to monitor recycling efforts and
collect receipts for roll -off bins and/or construction waste recycling. All
subcontractors shall be informed of the recycling plan, including which
materials are to be source- separated and placed in proper bins.
d. The applicant shall use recycled materials in construction wherever
feasible.
e. The above construction waste recycling measures shall be incorporated
into the construction specifications for the contractor.
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INSIG /mm -11 Occupancy Solid Waste Minimization. During the long -term occupancy
phase of the project, the following measures shall be implemented to reduce
solid waste generation to the maximum extent feasible.
a. General Solid Waste. Space shall be allotted for storage of smaller
recyclable materials such as glass and plastic bottles and aluminum cans.
Such space shall be specified on building plans.
b. Gardening Waste. The following measures shall be the responsibility of
the applicant.
i. Landscape design trees shall be selected for the appropriate size and
scale to reduce pruning waste over the long -term.
ii. Slow - growing, drought- tolerant plants shall be included in the
landscape plan. Drought- tolerant plants require less pruning and
generate less long -term pruning waste, require less water, and require
less fertilizer than non drought- tolerant plants.
iii. Woody waste generated in the open space and park areas shall be
chipped and used as mulch, to the maximum extent feasible. The
chipped garden waste shall be directly applied soon after chipping.
Excess woody waste from the open space /park areas that is not utilized
as mulch shall be hauled offsite by the maintenance crew. Whenever
possible, grass clippings shall be re- applied directly to the turf areas
through the use of mulch mowers.
Finding:
Mitigation Has Been Incorporated into the Project. The City fords that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 9 is reduced to a less than
significant level.
Impact
INSIG Impact 10 The proposed turning radii in the Tumbling Waters portion of the project do
not allow for adequate access of emergency response vehicles.
Mitigation Measures
Implement TR/mm -15, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 10 is reduced to a less than
significant level.
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VI. CUMULATIVE AND GROWTH INDUCING IMPACTS
A. CUMULATIVE IMPACTS
State CEQA Guidelines Section 15355 defines cumulative impacts as
two or more individual effects which, when considered together, are considerable or which
compound or increase other environmental impacts". Further, "the cumulative impact from
several projects is the change in the environment which results from the incremental impact of
the project when added to other closely related past, present, and reasonably foreseeable
probable future projects. Cumulative impacts can result from individually minor but collectively
significantprojects taking place over a period of time. "
The Guidelines require the discussion of cumulative impacts to reflect the severity of the impacts
and their likelihood of occurrence. However, the discussion need not be as detailed as the
analysis of impacts associated with the project, and should be guided by the rule of reason.
Cumulative impacts associated with Four Creeks Rezoning Project are discussed in the topical
analysis sections provided in Section V of the Final EIR.
Findings
1. Mitigation measures have been incorporated into the project that reduce cumulative impacts
to less than significant levels. Except for the impact listed below, the City finds that the
mitigation measures identified in Section V above are feasible and have been adopted to
reduce the cumulative impacts of the proposed project.
2. Mitigation measures have been incorporated into the project, which avoid or substantially
lessen AQ Impact 8 identified in the Final EIR; however, this impact remains significant and
unavoidable. The City has determined that AQ Impact 8 is acceptable by reason of the
overriding considerations discussed in Section VIII.
B. GROWTH INDUCING IMPACTS
Pursuant to Section 15126.2(d) of the State CEQA Guidelines, an EIR must address whether a
project would directly or indirectly foster growth. Section 15126.2(d) reads as follows:
An EIR shall discuss the ways in which the proposed project could foster economic or
population growth, or the construction of additional housing, either directly or indirectly, in the
surrounding environment. Included in this are projects, which would remove obstacles to
population growth (a major expansion of wastewater treatment plant, might, for example, allow
for more construction in service areas). Increases in the population may further tax existing
community service facilities so consideration must be given to this impact. Also discuss the
characteristic of some projects, which may encourage and facilitate other activities that could
significantly affect the environment, either individually or cumulatively. It must not be assumed
that growth in any area is necessarily beneficial, detrimental, or of little significance to the
environment. "
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As discussed in this section, this analysis evaluates whether the proposed project would directly,
or indirectly, induce economic, population, or housing growth in the surrounding environment.
Findings
Population Growth: The 264 housing units of the proposed project would increase the
population of the City of San Luis Obispo by approximately 599 residents (264 housing units
x 2.27 persons per household based (U.S. Census 2000)). Based on the City's estimated 2004
population of 44,176 residents, an additional 599 residents would account for an approximate
1.34 percent increase in population. The addition of 264 units of housing to the City's total of
19,306 housing units (US Census 2000) would also represent an increase of approximately
1.34 percent in the number of housing units within the City. This increase in population is not
considered a substantial increase in the overall population of the City in terms of percentage,
and therefore is not considered significant on a communitywide basis.
2. Economic Growth: Normally, economic issues are not discussed in an EIR unless there is a
nexus with a physical impact on the environment (CEQA Guidelines Section 15131). CEQA
states that economic or social information may be included in an EIR or may be presented in
whatever form the agency desires. It also goes on to state in subsection (a) that "...economic
or social effects of a project shall not be treated as significant effects on the environment. An
EIR may trace a chain of cause and effect from a proposed decision on a project through
anticipated economic or social changes resulting from the project to physical changes caused
in turn by the economic or social changes. The intermediate economic or social changes
need not be analyzed in any detail greater than necessary to trace the chain of cause and
effect. The focus of the analysis shall be on the physical changes."
A market feasibility study was not conducted for the proposed project. Therefore, the
feasibility of the project and a cost - benefit analysis is not known. However, it is certain that
a mixed -use commercial project of this size would bring an increase in revenue resulting in
growth inducing impacts to the area. The effects will indirectly provide change in the social
and economic environment of the area and these changes may be considered beneficial or
adverse depending upon one's social perspective and desires for the growth of the area.
3. Employment Opportunities: Based on estimates from similar projects, the commercial
components of the proposed project are expected to employ approximately 60 people.
Additionally, there would be short-term employment opportunities during the construction of
both components of the proposed project. Given the ample supply of construction workers in
the local work force (both employed and unemployed), it is likely that a majority of these
workers would come from the local area. Long -term employment opportunities may include
part-time work, retail sales associates in low and moderate income ranges, with managers in
the higher income ranges. Most jobs, with the exception of managerial positions, are
secondary- income jobs and would likely go to spouses, students, and young adults. Although
there is a local employment base with the training to work at these commercial facilities, the
development could encourage a small number of persons relocating to the area, resulting in a
minor demand for housing, additional commuting, and secondary impacts to energy
consumption, air pollution, and an increase in traffic levels of service.
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4. Employment Growth to Supporting Industries: The proposed project is considered growth
inducing because it would foster economic growth and employment not only for the project
itself but also for complimentary industries. Commercial developments require products and
supplies from existing industries to facilitate growth and success. These industries may
include: trucking, janitorial, advertising service, and service industries that serve the
secondary increase in employment base (food, sundries, etc.). The increase in supporting
industries could contribute to the cumulative need for more of these services in the area,
however it would not be considered significant for either primary service industries to the
commercial complex or the secondary service industries to the employees, and would not
likely attract new business to the area.
VII. FINDINGS FOR ALTERNATIVES TO THE PROPOSED PROJECT
A. INTRODUCTION
Six project alternatives were selected for review in the EIR because of their potential to avoid or
substantially lessen project impacts, or because they were required under CEQA Guidelines (e.g.,
the no project alternative). These alternatives include the following:
1. No Project Alternative
2. Alternative Land Uses Under the R -4 -PD, C -S -PD, and R -4 -S Designations
3. Reduced Density Alternative
4. Redesigned Project Alternative
5. Mitigated Project Alternative
6. Environmentally Superior Alternative
The Alternatives section of the FEIR provides a qualitative analysis of the six alternatives and
the level of impact that would result if they were to be implemented. Those alternatives that were
determined to significantly reduce the environmental impacts associated with the proposed
project and that were determined to be feasible were compared to the proposed project (refer to
EIR Section VI).
B. DESCRIPTION OF ALTERNATIVES
Of these alternatives, all but the Alternative Land Uses Alternative have been brought forward
for further review. The Alternative Land Uses Alternative has been determined to be feasible for
implementation; however, it does not meet most of the basic objectives of the proposed project
and was therefore not considered further in the alternatives analysis.
1. No Project Alternative: Analysis of this alternative includes the assumption that future
development would occur onsite under the existing M -PD and C -S -S land use designations
and would likely include development of commercial retail stores and/or commercial office
building or warehouse manufacturing and retail facilities.
2. Alternative Land Uses Under the R -4 -PD, C -S -PD, and R -4 -S Designations: This alternative
considers the various land uses that would be allowed under the proposed rezone, other than
the mixed -use development proposed. Alternative land uses include: mobile home parks,
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residential care facilities, family day care homes, convents and monasteries, and
parks /playgrounds.
3. Reduced Density Alternative: This alternative would retain the mixed -use land uses of the
proposed project, but would involve a 75 percent reduction in the proposed residential and
commercial square footage in order to minimize environmental impacts.
4. Redesigned Project Alternative: This alternative was developed with the objective of
minimizing Class I noise and aesthetics impacts while maintaining the mixed -use character
of the proposed project. Under this alternative, buildings would be re- oriented and
redesigned.
5. Mitigated Project Alternative: This alternative would implement all of the EIR recommended
mitigation measures intended to reduce significant environmental impacts. With
implementation of mitigation measures, all Class I impacts would be reduced to
insignificance, with the exception of cumulative air quality.
6. Environmentally Superior Alternative: This is the alternative with the least amount of
environmental impacts.
C. FINDINGS
1. No Project Alternative: As compared to the proposed project, No Project Alternative would
minimize the following environmental impacts:
Noise: There would be no residential development under the No Project Alternative.
Noise impacts would be significantly reduced because sensitive receptors would not
be exposed to outdoor activity area noise levels in excess of 60 dBA.
Hazards: Under the No Project Alternative, maximum non - residential densities,
proposed commercial land uses, and maximum building coverage would be required
to comply with ALUP standards for non - residential development located within
Aviation Safety Area S -2. This would reduce airport hazards impacts to less than
significant levels, as compared to the proposed project.
Utilities: Commercial retail, commercial offices, and warehouse retail uses generally
consume less water and produce less wastewater than high - density residential
development. Water and wastewater impacts would be less than with the proposed
project.
Aesthetic Resources: Under the No Project Alternative, building heights would be
required to comply with City ordinances that limit building heights to 35 feet. This
reduction in building height, as compared with the proposed project, would reduce
aesthetic resources impacts to less than significant levels.
Recreation: Implementation of the No Project Alternative would reduce impacts to
recreational resources, as compared to the proposed project, because there is no
residential component of the No Project Alternative that would increase the use of
existing recreational facilities or create the need for new parks.
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Potentially adverse impacts associated with implementation of the No Project Alternative
that would be more severe than those associated with the proposed project include:
Transportation/Circulation: Depending on the type of commercial retail facility
developed under the No Project Alternative, there is the possibility for traffic volumes
to increase as compared to the proposed project
Biological resources, air quality, and geology /hydrology impacts would remain the same as
with the proposed project. The Class I impacts associated with cumulative air quality would
remain. The No Project Alternative would reduce environmental impacts overall and has
been determined to be feasible for implementation. The No Project Alternative does not meet
most of the basic objectives of the proposed project, namely the City's desire for mixed -use
development in this area; however, it has been included in this alternatives analysis, per
CEQA requirements.
2. Reduced Density Alternative: As compared to the proposed project, Reduced Density
Alternative would minimize the following environmental impacts:
Biological Resources: Reduced densities and building coverage onsite would allow
for 20 -foot creek setbacks, as required by City ordinance. In addition, impacts to
sensitive resources would be reduced.
Transportation/Circulation: The Reduced Density Alternative would lower the
projected traffic volumes and reduce transportation impacts.
Air Quality: With lower traffic volumes, air quality impacts associated with vehicular
trips would also decrease. Short-term air quality impacts from construction activities
would remain approximately the same.
Noise: The reduced density of development would allow for greater setbacks from
transportation noise sources, which would significantly reduce noise impacts to
sensitive receptors. Transportation noise impacts from vehicular traffic would also be
reduced, because development under the Reduced Density Alternative would result in
lower traffic volumes. Although noise impacts would be much less with the Reduced
Density Alternative than with the proposed project, noise impacts would remain
significant.
Hazards: Under the Reduced Density Alternative, maximum non - residential densities,
proposed commercial land uses, and maximum building coverage would be required
to comply with ALUP standards for non - residential development located within
Aviation Safety Area S -2. This would reduce airport hazards impacts to less than
significant levels, as compared to the proposed project.
Utilities: Generally speaking, a 75 percent reduction in overall density would equate
to an approximate 75 percent reduction in water usage and wastewater generation. It
is possible that this significant reduction in wastewater generation would allow for
development to occur prior to completion of the Tank Farm Regional Lift Station
project.
Aesthetic Resources: Because densities and building coverage under the Reduced
Density Alternative would be less, building heights would not be as tall as with the
proposed project, which would reduce impacts to aesthetic resources.
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There are no potentially adverse impacts associated with implementation of the Reduced
Density Alternative that would be more severe than those associated with the proposed
project. Geology/hydrology and recreation impacts would remain the same as with the
proposed project. The Class I impacts associated with cumulative air quality would remain.
The FEIR identified that the Reduced Density Alternative would reduce environmental
impacts overall, would meet most of the basic objectives of the proposed project, and has
been determined to be feasible for implementation; however, this project has not been
identified as the Environmentally Superior Alternative and will not be incorporated into the
proposed project.
4. Redesigned Project Alternative: As compared to the proposed project, Redesigned Project
Alternative would minimize the following environmental impacts:
Noise: Noise impacts would be significantly reduced through the addition of interior
and exterior noise attenuation strategies and the reorientation of residential structures.
Although noise impacts would be much less with the Redesigned Project Alternative
than with the proposed project, noise impacts would remain significant.
Aesthetic Resources: Under the Redesigned Project Alternative, building heights
would be limited to 35 feet. This reduction in building height, as compared with the
proposed project, would reduce aesthetic resources impacts to less than significant
levels.
There are no potentially adverse impacts associated with implementation of the Redesigned
Project Alternative that would be more severe than those associated with the proposed
project. Biological resources, transportation/circulation, air quality, hazards, utilities,
geology/hydrology, and recreation impacts would remain the same as with the proposed
project. The Redesigned Project Alternative would reduce environmental impacts overall,
would meet most of the basic objectives of the proposed project, and has been determined to
be feasible for implementation; however, this project has not been identified as the
Environmentally Superior Alternative and will not be incorporated into the proposed project.
5. Mitigated Project Alternative (Environmentally Superior Alternative): As compared to the
proposed project, Mitigated Project Alternative would minimize environmental impacts in all
issue areas. All identified Class I impacts would be fully mitigated (i.e., reduced to less than
significant levels), with the exception of cumulative air quality. The Mitigated Project
Alternative would reduce significant environmental impacts and meet most of the basic
objectives of the proposed project, and has been determined to be feasible for
implementation. Because the Mitigated Project Alternative is feasible for implementation and
reduces environmental impacts to a greater extent than the proposed project, the Mitigated
project Alternative has been identified as the Environmentally Superior Alternative. Portions
of the Environmentally Superior Alternative have been incorporated into the proposed
project, with the exception of mitigation measures AES /mm -1 and AES /mm -3. Alternate
mitigation measures have been developed; however, even with implementation of the
alternate mitigation measures aesthetic impacts remain significant and unavoidable. The City
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has determined that these impacts are acceptable by reason of the overriding considerations
discussed in Section VII.
VIII. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The CEQA Findings for the Four Creeks Rezoning Project identifies the following significant
and unavoidable impacts of the project:
AQ Impact 8: Cumulative air quality impact
AES Impact 4: Construction of project components that would be out -of -scale with the rest
of the project, the setting, and inconsistent with the pedestrian viewing experience.
For projects which would result in significant environmental impacts that cannot be avoided,
CEQA requires that the lead agency balance the benefits of these projects against the
unavoidable environmental risks in determining whether to approve the projects. If the benefits
of these projects outweigh the unavoidable impacts, those impacts may be considered acceptable
CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such projects, the
public agency adopt a Statement of Overriding Considerations setting forth the reasons why the
agency finds that the benefits of the project outweigh the significant environmental effects
caused by the project. This statement is provided below.
B. FINDINGS
The City has incorporated all feasible mitigation measures into the project. Although these
measures will significantly lessen the unavoidable impacts listed above, the measures will not
fully avoid these impacts. The City has also examined a reasonable range of alternatives to the
project and has incorporated portions of these alternatives into the project in order to reduce
impacts.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of
the proposed project against its unavoidable environmental risks. For the reasons specified
below, the City finds that the following considerations outweigh the proposed project's
unavoidable environmental risks:
1) Implementation of the General Plan: The project implements a major program of the
General Plan Housing Element by re- designating land for high density residential
development (HE 6.3.7). The project will allow the City to pursue existing Housing
Element policies for Mixed - Income Housing (HE 4.1), Housing Variety and Tenure (5.0),
Housing Production (6.1) and Neighborhood Quality (7.1). The project also implements
goals and policies of the Land Use Element, including Goal 31, which promotes infill
development and a compact urban form. The project is consistent with the Land Use
Element policies for development of residential neighborhoods, including Residential
Project Objectives (LUE 2.2.12). The project is also consistent with the Open Space
Element and respects and preserves significant habitat areas on the project site to maintain
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the health of the riparian corridors, which will help to provide the developed project with a
unique sense of place. The project also implements important plans for improvements
identified in the Circulation Element, including the widening of Orcutt Road to arterial
standards and the connection of Sacramento Drive to Orcutt Road, facilitating area -wide
circulation.
2) Provision of Affordable Housing: The project will provide affordable housing to the
residents of San Luis Obispo in a manner that exceeds the requirements of the City's
Inclusionary Housing Ordinance. This is made possible because of the proposed density of
development, which creates the significant and unavoidable impacts of the project. The
Tumbling Waters project will provide 12 affordable units. In conjunction with the City of
San Luis Obispo, the developer is proposing to establish a fiind of approximately $500,000
to use for interest rate buy - downs, making the units affordable to moderate income
households. In addition to this fund, the State BEGIN program has awarded the City a grant
of $300,000 to use for direct down payment assistance. The project qualified for the
BEGIN program because the proposed City actions (re- designating land for high density
development) facilitates housing development and helps the State meet its affordable
housing goals. The Creekston project also provides affordable housing — through its density
and design. Consistent with Table 2a of the Housing Element, the Creekston project is
considered "affordable by design" with 43 units out of 86, or 50% of the dwellings,
proposed to have 850 square -foot, 1- bedroom floor plans.
IX. MITIGATION MONITORING AND REPORTING PLAN
A. STATUTORY REQUIREMENT
When a Lead Agency makes findings on significant environmental effects identified in an EIR,
the agency must also adopt a "reporting or monitoring program for the changes to the project
which it has adopted or made a condition of approval in order to mitigate or avoid significant
effects on the environment" (Public Resources Code section 21081.6( a) and CEQA Guidelines
sections 15091(d) and 15097). The Mitigation Monitoring and Reporting Plan (MMRP) is
implemented to ensure that the mitigation measures and project revisions identified in the EIR
are implemented. Therefore, the MMRP must include all changes in the proposed project either
adopted by the project proponent or made conditions of approval by the Lead or Responsible
Agency.
B. ADMINISTRATION OF THE MMRP
The City of San Luis Obispo is the Lead Agency responsible for the adoption of the MMRP for
the Four Creeks Rezoning Project, if the project is approved. According to CEQA Guidelines
section 15097(a), a public agency may delegate reporting or monitoring responsibilities to
another public agency or to a private entity that accepts the delegation. However, until mitigation
measures hav° been completed, !be Lead Agency remains responsible for ensuring that the
implementation of thc measure occurs ir. accordarc? with the program.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation measures listed in the Four Creeks Rezoning Project MMRP will be primarily
implemented by the project applicants, under the oversight of the City of San Luis Obispo and/or
an approved environmental monitor acting of the City's behalf.
C. MITIGATION MEASURES
The following mitigation measures have been recommended in the EIR. Included with each
mitigation measure are the Applicant Responsibilities, Party Responsible for Verification,
Method of Verification, and Verification Timing. For the purposes of this EIR, the timing
requirement "prior to issuance of building permits" includes issuance of all City permits for
grading and construction of the proposed project, including but not limited to grading permits,
permits for public improvements, and construction permits.
See Table beginning on the following page.
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Table VIII -1
Mitigation Monitoring Program
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
BR/mm -1 Submit and State Water The City shall Prior to
implement the Resources Control verify receipt, issuance of
required plan. Board; City of San approval, and building permits
Luis Obispo proper and throughout
implementation of all phases of
the proposed plan grading and
in accordance construction
with the EIR activities
mitigation
measure.
B10/mm-2 Comply with City of San Luis The retained Throughout all
timing limitations. Obispo; Environmental phases of
Environmental Monitor or City grading and
Monitor Staff shall verify construction
compliance with activities.
required timing of
construction
activities.
B10/mm-3 Comply with City of San Luis The retained Throughout all
equipment access Obispo; Environmental phases of
and construction Environmental Monitor or City grading and
limitations within Monitor Staff shall verify construction
drainages. compliance with activities.
required
equipment access
and construction
limitations within
drainages.
BI0 1mm-4 Comply with storm City of San Luis The City shall Throughout all
water BMPs, as Obispo verify proper phases of
listed in the EIR. implementation of grading and
the approved construction
SWPPP. activities.
BI0 1mm -5 Comply with storm City of San Luis The City shall Throughout all
water BMPs, Obispo verify proper phases of
including implementation of grading and
permanent the approved construction
installation of SWPPP. activities.
filtration devices,
as listed in the
EIR.
B10 /mm -6 Comply with City of San Luis The retained Throughout all
surfactant and Obispo; Environmental phases of
herbicide Environmental Monitor or City grading and
application Monitor Staff shall veri fy construction
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Mitigation Applicant Party Responsible-T Method of Verification
Measure Responsibilities for Verification Verification Timing
limitations. compliance with activities.
surfactant and
herbicide
application
limitations.
13I0 /mm -7 Submit and City of San Luis The City shall Prior to
implement Obispo; verify receipt, issuance of
required plans. Environmental approval, and building permits
Monitor proper and throughout
implementation of all phases of
the proposed plan grading and
in accordance construction
with the EIR activities
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
riparian setback
limitations in the
field.
BIO /mm-8 Submit and City of San Luis The City shall Prior to
implement the Obispo; verify receipt, issuance of
required Environmental approval, and building permits
Revegetation and Monitor proper and throughout
Restoration Plan. implementation of all phases of
the proposed plan grading and
in accordance construction
with the EIR activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIO /mm -9 Obtain all required U.S. Army Corps of The City shall Prior to
permits from Engineers; verify receipt of recordation of
affected resource California copies of all the final map
agencies. Department of Fish required resource and issuance of
and Game; agency permits/ grading permits.
Regional Water authorizations or
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Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
Quality Control documentation
Board; City of San from the resource
Luis Obispo agency that the
permit/
authorization is
not needed.
8I0/mm -10 Provide funding City of San Luis The City Natural Prior to
for a City- Obispo Resources issuance of
approved Manager shall building permits.
Environmental verify
Monitor and qualifications of
ensure submittal Environmental
of required Monitor. The
monitoring retained
reports. Environmental
Monitor shall
submit monitoring
reports to the City
Community
Development
Department (if
necessary).
810 /mm -11 Submit and City of San Luis The City shall Prior to
implement the Obispo; verify receipt, issuance of
required Environmental approval, and building permits
Revegetation and Monitor proper and throughout
Restoration Plan. implementation of all phases of
the proposed plan grading and
in accordance construction
with the EIR activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
610 1mm -12 Submit and City of San Luis The City shall Prior to
implement Obispo; verify receipt, issuance of
required plans. Environmental approval, and building permits
Monitor proper and throughout
implementation of all phases of
the proposed plan grading and
in accordance construction
with the EIR activities
Final EIR 80
ATTACHMENT 1
EXHIBIT A
ARC2 - 102
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
riparian setback
limitations in the
field.
B101mm -13 Submit and City of San Luis The City shall Prior to
implement the Obispo; verify receipt, issuance of
required Environmental approval, and building permits
Revegetation and Monitor proper and throughout
Restoration Plan, implementation of all phases of
the proposed plan grading and
in accordance construction
1 with the EIR activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIOlmm -14 Submit and City of San Luis The City shall Prior to
implement the Obispo; verify receipt, issuance of
required Environmental approval, and building permits
Revegetation and j Monitor proper and throughout
Restoraton Plan. implementation of a!I phases of
I the proposed plan I grading and
in accordance construction
with the EIR activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIOlmm -15 Retain qualified California The City shall Prior to
individual to Department of Fish verify recei t of issuance of
Final EIR 81
ATTACHMENT 1
EXHIBIT A
ARC2 - 103
C; 0
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible-F Method of Verification
Measure Responsibilities for Verification Verification Ti min
conduct surveys, and Game; City of plant survey building permits
and, if necessary, San Luis Obispo results, and, if and throughout
submit and necessary, all phases of
implement the receipt, approval, grading and
Sensitive Plant and proper construction
Species implementation of activities.
Revegetation and the proposed
Restoration Plan. Sensitive Plant
Species
Revegetation and
Restoration Plan
in accordance
with the EIR
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Sensitive
Plant Species
Revegetation and
Restoration Plan
in the field.
8101mm -16 Submit and City of San Luis The City shall Prior to
implement the Obispo; verify receipt, issuance of
required Sensitive Environmental approval, and building permits
Plant Species Monitor proper and throughout
Revegetation and implementation of all phases of
Restoration Plan. the proposed plan grading and
in accordance construction
with the EIR activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIO /mm -17 Retain qualified City of San Luis The City shall Prior to
individual to Obispo; verify receipt of commencement
conduct surveys; Environmental pre- construction of grading and
modify Monitor survey results and construction
Final EIR 82
ATTACHMENT 1
EXHIBIT A
ARC2 - 104
C
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification.
Measure Responsibilities for Verification Verification Timing
construction recommendations. activities
location and The retained between
schedule as Environmental November 1
necessary to Monitor or City and March 1,
avoid active Staff shall verify and throughout
roosts. compliance with all phases of
the survey grading and
recommendations construction
in the field. activities, as
necessary.
610 1mm -18 Retain qualified California The City and the One week prior
individual to Department of Fish California to
conduct surveys; and Game; City of Department of commencement
modify San Luis Obispo; Fish and Game of grading and
construction Environmental shall verify receipt construction
location and Monitor of pre- activities
schedule as construction between March
necessary to survey results and 1 and August
avoid nesting recommendations. 31, and
sites. The retained throughout all
Environmental phases of
Monitor or City grading and
Staff shall verify construction
compliance with activities, as
the survey necessary.
recommendations
in the field.
TR/mm -1 Design necessary City of San Luis The City shall Proposed
intersection Obispo; Director of verify receipt, design shall be
improvement; Public Works approval, and submitted,
and, complete proper reviewed, and
approved implementation of approved prior
intersection the proposed to issuance of
improvements or intersection building permits.
deposit required improvement Approved
mitigation fees. design in intersection
accordance with improvements
the EIR mitigation shall be
measure. completed or
mitigation fees
shall be paid
prior to
issuance of
occupancy
permits
TR/mm -2 Design and install City of San Luis The City shall Prior to
intersection Obispo; Director of verify receipt, issuance of
improvements. Public Works approval, and occupancy
Final EIR 83
ATTACHMENT 1
EXHIBIT A
ARC2 - 105
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
proper permits.
implementation of
the proposed
intersection
improvement
design in
accordance with
the EIR mitigation
measure.
TRImm4 Design necessary City of San Luis The City shall Prior to
roadway Obispo; Director of verify receipt, issuance of
improvements; Public Works approval, and occupancy
and, complete proper permits.
approved roadway implementation of
improvements or the proposed
deposit required roadway
mitigation fees. improvement
design in
accordance with
the EIR mitigation
measure.
TRlmm -5 Design necessary City of San Luis The City shall Proposed
roadway Obispo; Director of verify receipt, design shall be
improvements; Public Works approval, and submitted,
and, complete proper reviewed, and
approved roadway implementation of approved prior
improvements or the proposed to issuance of
deposit required i roadway building permits.
mitigation fees improvement Approvedidesigninroadway
accordance with improvements
the EIR mitigation shall be
I measure. completed or
mitigation fees
shall be paid
prior to
issuance of
occupancy
permits.
TWWim -6 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
I mitigation
Final.r_'R - - - - -._. _ ___. --- -- - -- - - -- 84
ATTACHMENT 1
EXHIBIT A
ARC2 - 106
7 \J
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
measure.
TRImm -7 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plans. approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -8 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works; San approval, and building permits.
Luis Obispo Transit proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -9 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRlmm -10 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt; issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -11 Stripe "Keep City of San Luis The City shall Prior to
Clear" legend Obispo; Director of verify installation occupancy
Public Works of the roadway clearance.
improvement in
accordance with
the EIR mitigation
measure.
Final EIR 85
ATTACHMENT 1
EXHIBIT A
ARC2 - 107
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
TR/mm -12 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of ' verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -13 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRImm -14 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -15 Submit and City of San Luis The City, in Prior to
implement Obispo; Director of consultation with issuance of
required plans. Public Works; San the City Fire building permits.
Luis Obispo City Department, shall
Fire Department verify receipt,
approval, and
proper
implementation of
the proposed plan
in accordance
With the EIR
mitigation
measure.
TR/mm -16 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
Final EIR 86
ATTACHMENT 1
EXHIBIT A
ARC2 - 108
O C
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRlmm -17 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plans. Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRImm -20 Submit required City of San Luis City shall verify Prior to
fees. Obispo; Director of submittal of issuance of
Public Works appropriate fees. occupancy
permits .
TRImm -21 Submit required City of San Luis City shall verify Prior to
fees. Obispo; Director of submittal of issuance of
Public Works appropriate fees. building permits.
TRImm -21a Submit required City of San Luis City shall verify Prior to
fees. Obispo; Director of submittal of issuance of
Public Works appropriate fees. buildin ermits.
TRImm -22 Submit required City of San Luis City shall verify Prior to
fees. Obispo; Director of submittal of issuance of
Public Works appropriate fees. occupancy
permits.
AQImm -1 Submit and Air Pollution The City shall Prior to
implement Control District; verify receipt, issuance of
required plan. City of San Luis approval, and grading permits.
Obispo proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -2 Submit and Air Pollution The City shall Prior to
implement Control District; verify receipt, issuance of
required reports City of San Luis approval, and grading permits.
and plans. Obispo proper
implementation of
the proposed plan
in accordance
Final EIR 87
ATTACHMENT 1
EXHIBIT A
ARC2 - 109
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
with the EIR
mitigation
measure.
AQ/mm -3 Obtain necessary Air Pollution The City shall Prior to
permits Control District; verify receipt of issuance of
City of San Luis necessary APCD grading permits.
Obispo permits
AQ/mm4 Submit and Air Pollution The City shall Prior to
implement Control District; verify receipt, issuance of
required plan. City of San Luis approval, and grading permits.
Obispo; proper
Environmental implementation of
Monitor the proposed plan
in accordance
with the EIR
mitigation
measure. The
Environmental
Monitor shall
verify compliance
in the field
throughout all
phases of
construction.
AQ/mm -5 Obtain necessary Air Pollution The City shall Prior to
Authority to Control District; verify receipt of issuance of
Construct City of San Luis necessary APCD grading permits.
Obispo ermits
AQ/mm -6 Submit and Air Pollution The City shall Prior to
implement Control District; verify receipt, issuance of
required plan. City of San Luis approval, and grading permits.
Obispo proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure. The
Environmental
Monitor shall
verify compliance
in the field
throughout all
phases of
construction.
A01mm -8 Conduct geologic Air Pollution The City shall Prior to
analysis and Control District; verify receipt, issuance of
submit required City of San Luis approval, and building permits.
Final EIR 88
ATTACHMENT 1
EXHIBIT A
ARC2 - 110
C 0
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
reports, plans, Obispo proper
and /or exemptions implementation of
requests the proposed plan
in accordance
with the EIR
mitigation
measure.
AQImm -9 Conduct surveys Air Pollution The City shall Prior to Plan
and submit Control District; verify receipt, approval.
required reports, City of San Luis approval, and
plans, and Obispo proper
notifications implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -10 Submit and Air Pollution The City shall Prior to
implement plans Control District; verify receipt, issuance of
that include the City of San Luis approval, and building permits.
required Obispo proper
measures. implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -11 Submit and Air Pollution The City shall Prior to
implement plans Control District; verify receipt, issuance of
that include the City of San Luis approval, and building permits.
required Obispo proper
measures. implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -12 Submit and Air Pollution The City shall Prior to
implement plans Control District; verify receipt, issuance of
that include the City of San Luis approval, and building permits.
required Obispo proper
measures. implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
Final EIR 89
ATTACHMENT 1
EXHIBIT A
ARC2 - 111
0 0
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
AQlmm -13 Submit and Air Pollution The City shall Prior to
implement Control District; verify receipt, issuance of
required plan City of San Luis approval, and building permits.
Obispo proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQImm -14 Submit and Air Pollution The City shall Prior to
implement plans Control District; verify receipt, issuance of
that include the City of San Luis approval, and building permits.
required measure. Obispo proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQlmm -15 NIA Air Pollution The City shall Prior to
Control District; coordinate with approval of the
City of San Luis the APCD to development
Obispo determine plan.
appropriate
mixed -use
designations and
to determine
potential uses that
would require
APCD permit
approval.
NS /mm -1 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
NS /mm -2 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and building permits.
proper
implementation of
the proposed plan
Final EIR 90
ATTACHMENT 1
EXHIBIT A
ARC2 - 112
u l
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhihit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
in accordance
with the EIR
mitigation
measure.
NSImm -3 Submit required City of San Luis The City shall Prior to final
report. Obispo verify receipt of inspection or
the proposed occupancy,
report in which occurs
accordance with first.
the EIR mitigation
measure..
NS /mm-4 Submit and City of San Luis The City shall Prior to
implement plans Obispo verify receipt, issuance of
that include the approval, and building permits.
required measure. proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
NS /mm -5 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
NS /mm-6 Submit required City of San Luis The City shall Prior to final
report. Obispo verify receipt of inspection or
the proposed occupancy,
report in which occurs
accordance with first.
the EIR mitigation
measure.
NS /mm-7 Develop CUR City of San Luis The City shall Prior to
disclosures Obispo verify receipt of recordation of
the CC &Rs the Final Map
accordance with
the EIR mitigation
measure.
NS /mm -8 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and building permits..
proper
Final EIR 91
ATTACHMENT 1
EXHIBIT A
ARC2 - 113
C
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
HAZImm -1 Submit and Airport Land Use The City shall Prior to
implement revised Commission; City ensure that the development
plans, if of San Luis Obispo project is referred plan, rezoning,
necessary to the ALUC; the or general plan
ALUC shall amendment
determine approval
whether or not the
proposed project
is consistent with
the ALUP and
make any
necessary
recommendations
HAZImm -2 Develop CC &R City of San Luis The City shall Prior to
disclosures Obispo verify receipt of recordation of
the CC &Rs the Final Map
accordance with
the EIR mitigation
measure.
HAZImm -5 Submit and Airport Land Use The City shall Prior to
implement revised Commission; City ensure that the development
plans, if of San Luis Obispo project is referred plan, rezoning,
necessary to the ALUC; the or general plan
ALUC shall amendment
determine approval
whether or not the
proposed project
is consistent with
the ALUP and
make any
necessary
recommendations
HAZImm -6 Submit and Airport Land Use The City shall Prior to
implement revised Commission; City ensure that the development
plans, if of San Luis Obispo project is referred plan, rezoning,
necessary to the ALUC; the or general plan
ALUC shall amendment
determine approval
whether or not the
proposed project
is consistent with
the ALUP and
Final EIR 92
ATTACHMENT 1
EXHIBIT A
ARC2 - 114
O O
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
make any
necessary
recommendations
HAZImm -7 Develop CUR City of San Luis The City shall Prior to
disclosures Obispo verify receipt of recordation of
the CC &Rs the Final Map
accordance with
the EIR mitigation
measure.
HAZImm -7a Submit required City of San Luis The City shall Prior to
documentation Obispo verify receipt of issuance of
the required occupancy
documentation permits
accordance with
the EIR mitigation
measure.
HAZImm -7b Develop CUR City of San Luis The City shall Prior to
disclosures Obispo verify receipt of recordation of
the CC &Rs the Final Map
accordance with
the EIR mitigation
measure.
UTIUmm -1 Submit and City of San Luis The City shall At the time of
implement Obispo verify receipt, application for
required plan approval, and building permits,
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
UTIUmm -2 Submit and City of San Luis The City shall Prior to
implement Obispo; Director of verify receipt, issuance of
required plan Public Works approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
UTIUmm -3 Submit required City of San Luis City shall verify Prior to
fees. Obispo; Director of submittal of issuance of
Public Works appropriate fees. building permits.
UTIUmm4 Submit required City of San Luis The City shall Prior to
documentation Obispo; Director of verify receipt of issuance of
Final EIR 93
ATTACHMENT 1
EXHIBIT A
ARC2 - 115
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhihit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
Public Works the required building permits
documentation
accordance with
the EIR mitigation
measure.
AES /mm -1 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and grading permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AES /mm -2 Submit revised Architectural The City shall not Prior to
plans, if Review approve the issuance of
necessary Commission; City project unless the grading permits
of San Luis Obispo findings identified
in the mitigation
measure can be
made
AES /mm -3 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and grading permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AESlinm -4 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan; approval, and grading permits;
install landscaping proper and prior to
and irrigation implementation of occupancy
the proposed plan clearance
in accordance
with the EIR
mitigation
measure.
AES /mm -5 Submit revised Architectural The City shall not Prior to
plans, if Review approve the issuance of
necessary Commission; City project unless the grading permits
of San Luis Obispo findings identified
in the mitigation
measure can be
Final EIR 94
ATTACHMENT 1
EXHIBIT A
ARC2 - 116
0 x
Four Creeks Rezoning Project Mitigation Monitoring andReporting Plan Exhibit A.
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
made
AES /mm -6 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AES /mm -7 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan. approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure. The
Plan shall also be
field verified by a
Certified Arborist
AES /mm-8 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AES /mm -9 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan . approval, and building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIG /mm -1 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and grading permits.
proper
Final EIR 95
ATTACHMENT 1
EXHIBIT A
ARC2 - 117
t
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation Applicant Party Responsible Method of Verification
Measure Responsibilities for Verification Verification Timing
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIGImm -2 Submit and City of San Luis The City shall Prior to
implement Obispo verify receipt, issuance of
required plan approval, and grading permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIGImm -3 Retain City- City of San Luis The City shall Prior to
approved Obispo; verify that a commencement
archaeologist to Environmental qualified of initial grading
conduct worker- Monitor archaeologist has and grubbing
training been retained to
conduct worker -
training;
Environmental
Monitor shall be
present at and
verify training
cnsite
INSIGImm -4 Submit and City of San Luis The City shall During
implement Obispo verify receipt, construction.
required plan, if approval, and
necessary proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIGImm -5 Dedicate land or City of San Luis City shall verify Prior to land use
pay required fees Obispo submittal of permit issuance
appropriate fees.
INSIGImm -6 Provide the City of San Luis The City shall Prior to initiating
required signage Obispo; Director of verify installation construction
Public Works of required
si na e.
INSIG /mm -7 Keep all City of San Luis The City and the During
equipment off of Obispo; Environmental construction
the paved Environmental Monitor shall activities.
Final EIR 96
ATTACHMENT 1
EXHIBIT A
ARC2 - 118
C i
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation I Applicant Party Responsible Method of Verification
Measure I Responsibilities for Verification Verification Timing
roadway to the Monitor verify that all
maximum extent equipment is kept
feasible off the paved
roadways, in
accordance with
the EIR mitigation
measure.
INSIGImm -8 Retain flag person City of San Luis The City and the During
to guide motorists Obispo; Environmental construction
and bicyclists, as Environmental Monitor shall activities.
necessary Monitor verify that a flag
person is onsite,
in accordance
with the EIR
mitigation
measure.
INSIGImm -9 Replace all City of San Luis The City shall Upon
damaged bicycle Obispo verify that all completion of
lanes bicycle lanes have construction
been replaced. adjacent to
Broad Street
INSIGImm -10 Implement City of San. Luis The City and the During
required Obispo Environmental construction
measures Monitor shall
verify that all
construction solid
waste
minimization
measures have
been
implemented, in
accordance with
the EIR mitigation
measure.
INSIGImm -11 Implement City of San Luis The City and the During the long -
required Obispo Environmental term occupancy
measures Monitor shall phase of the
verify that all project
occupancy solid
waste
minimization
measures have
been
implemented, in
accordance with
the EIR mitigation
measure.
Final EIR 97
ATTACHMENT 1
EXHIBIT A
ARC2 - 119
J
Four Creeks General Plan Map Amendment - Exhibit B
Existing:
o
ORCUTT /
o
Services and Manufacturing
j
Creekston
Tumbling Waters
00 /
ROC
Proposed:
ORCUTT
ATTACHMENT 1
EXHIBIT A
ARC2 - 120
ATTACHMENT 2ARC2 - 121
R-4-PD
M
C-S
M
C-C-S
M
R-2-PD
M
C-S-SR-2-S
C-S C-S
C-C-PD
C-S-S-PDR-2-PD R-2-SP
C-R-SF
C-C-PD
R-3-PD
R-2-S
C-S-PD
C/OS-40
C-S-PD
B
RO
A
D
ORCUTT
SACRAMENTOROCKVIEW FENNELBASILDUNCANMcMILLAN LAVENDERVICINITY MAP ARCH-0050-2017 &
EID-0274-2017
791 Orcutt Road and 3330 & 3360 Broad Street ¯
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ORDINANCE NO. 1486 (2005 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO REZONING THE CREEKSTON PROJECT SITE
FROM C -S -S TO R -4 -PD AND C -C -PD AND APPROVING THE
DEVELOPMENT PLAN FOR THE PROJECT;
PD 164 -02 (791 ORCUTT ROAD AND 3330, 3360 BROAD STREET)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2005, for the purpose of considering Planning Application PD 164 -02, a development plan
providing for 86 new homes and 10,000 square feet of commercial floor area; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the proposed
development plan, including modified property development standards; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3, 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
making recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project; and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
Section 1. Environmental Review. The City Council hereby adopts all mitigation
measures approved as part of the Final EIR (ER 114 -02) as conditions of approval of the project.
Section 2. Planned Development Project Findings. The following findings are required
by the Zoning Regulations (SLOMC 17.62.045) and are hereby made in support of the proposed
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Ordinance No. 1486 (2005 Series)
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Planned Development rezoning.
1. The project is consistent with the General Plan, and the proposed land uses are allowed
within the applicable primary zoning districts because the project design has been
evaluated for consistency with Chapter 2.0 of the Land Use Element and further specific
Housing Element Goals, including goals for mixed- income housing (HE Goal 4.1),
housing variety and tenure (HE Goal 5. 1), and housing production (HE Goal 6.1).
2. The project complies with all applicable provisions of the Zoning Regulations other than
those modified by the PD rezoning.
3. The approved modifications to the development standards provided in Exhibit B are
necessary and appropriate to accommodate the superior design of the proposed project,
its compatibility with adjacent land uses, and its successful mitigation of environmental
impacts.
4. The project complies with all applicable City Design Guidelines, because the project has
been evaluated for consistency and the Final EIR identifies specific design guidelines for
consideration by the Architectural Review Commission.
5. All affected public facilities, services and utilities are adequate to serve the proposed
project because the plans have been evaluated by staff from the City's Public Works and
Utilities Departments and it has been determined that the City can conditionally serve the
project with all required utilities and services.
6. The location, size, site planning, building design features, and operating characteristics of
the project are highly suited to the characteristics of the site and surrounding
neighborhood, and will be compatible with the character of the site, and the land uses and
development intended for the surrounding neighborhood by the General Plan because the
General Plan identifies the project site as a location to consider for High Density
residential development and the project have been evaluated for its impacts on the
environment and the ability of the project to be developed in a manner that is consistent
with the General Plan;
7. The site is adequate for the project in terms of size, configuration topography, and other
applicable features, and has appropriate access to public streets with adequate capacity to
accommodate the quantity and type of traffic expected to be generated by the use; and
8. The establishment, maintenance, or operation of the proposed project will not, in the
circumstances of the particular case, be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity of the proposed use, or detrimental
or injurious to property and improvements in the neighborhood or to the general welfare
of the City because the project will provide housing opportunities and commercial
services appropriate for the location and will be developed in a manner that is consistent
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Ordinance No. 1486 (2005 Series)
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with all City building codes and other safety related requirements.
Section 3. Mixed Use Project Findings. The following findings are required by the
Zoning Regulations (Section 17.08.072) and are hereby made in support of the proposed mixed
use project.
1. The project's mixed uses are consistent with the General Plan and are compatible with
their surroundings, with neighboring uses, and with each other because (1) all of the uses
proposed are allowed or conditionally allowed in the C -C zone, (2) as conditioned, the
proposed commercial uses will primarily serve the surrounding neighborhood, but will
allow for some community serving uses, and (3) the uses that are allowed have been
chosen to insure compatibility between commercial and residential locations on the site.
2. The project's design protects the public health, safety and welfare because environmental
impacts have been identified and mitigated in the design of the project and the project has
been designed in a manner that is consistent with City standards and policies, such as the
City's Waterways Management Plan.
3. The mixed uses provide greater public benefits than single -use development of the site
because the location allows for alternative transportation use by residents and employees
transit stop, a mix of services that keep employees and residents on -site during the lunch
hour, located along bike route).
4. The proposed shared and mixed -use parking reduction of 25% is appropriate because
more than one use is sharing a common parking area on the site and the peak hours of
parking demand between the commercial and residential areas on the site are different.
Section 4. Creek Setback Findings. The Planning Commission hereby makes the
following findings in support of the proposed creek setback exceptions.
1. The location and design of the feature receiving the exception will minimize impacts to
scenic resource, water quality, and riparian habitat, including opportunities for wildlife
habitation, rest and movement because the project provides a continuous wildlife corridor
through the site and maintains a large percentage of the project site in creek setback
areas. The overall area where encroachments are permitted is small and in each case is
minimized to insure the protection of the riparian habitat area.
2. The exception does not limit the City's design options for providing flood control
measures that are needed to achieve adopted City flood policies because the project has
been designed in a manner that is consistent with the City's Waterways Management
Plan and Flood Damage Prevention Guidelines.
3. The exception will not prevent the implementation of City- adopted plans, nor increase
the adverse environmental effects of implementing such plans because the proposed
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Ordinance No. 1486 (2005 Series)
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exceptions are evaluated in the Final EIR and all environmental impacts associated with
development adjacent to riparian areas are mitigated to less than significant levels.
4. There are circumstances applying to the site, such as size, shape or topography, which do
not apply generally to land in the vicinity with the same zoning, that would deprive the
property of privileges enjoyed by other property in the vicinity with the same zoning
because a large percentage of the project site (approximately 20% of the net site area) is
dedicated to creek setbacks, which normally cannot be developed. The proposed
exception allows for minor creek setback exceptions where alternatives have a significant
impact on project design.
5. The exception will not constitute a grant of special privilege — an entitlement inconsistent
with the limitations upon other properties in the vicinity with the same zoning because
the proposed creek setback exceptions will occur as part of PD rezoning, which requires a
project to provide substantial public amenities and the restoration of a major natural
feature on the project site.
6. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream because the exceptions are minor and will not
affect the ability of the project to comply with the City's Waterways Management Plan,
Drainage Design Manual or the Flood Damage Prevention Guidelines.
7. Site development cannot be accomplished with a redesign of the project because access
to the project site is required from Broad Street and along Orcutt Road to align with
McMillan Road (for traffic safety), and because the loft buildings are being re- located in
their proposed location to address concerns with scenic corridors and architectural
compatibility. The minimum dimension for parking lots requires a minor exception
along Broad Street in order to provide parking adjacent to the proposed buildings west of
the creek in this location.
8. Redesign of the project would deny the property owner reasonable use of the property
because site access requires some encroachment into creek setback areas and all other
creek setback reductions are minimized to the greatest extent possible, considering the
other requirements of the project, such as maintaining minimum drive aisle widths for
parking maneuverability and emergency access.
Section 5. Action. The City Council hereby rezones the project site from C -S -S to R -4-
PD and C -C -PD, as shown in Exhibit A. Property Development standards for the site shall be as
provided in the City's Zoning Regulations, except for the approved deviations as shown in
Exhibit B. Planned Development zoning is approved subject to the following requirements.
PD Mandatory Project Features
1. The applicant shall provide plans for an enhanced transit shelter at the location identified
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Ordinance No. 1486 (2005 Series)
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on the Creekston grading and drainage plan, dated 8 -3 -05. The plans shall be consistent
with the City's standards for a transit shelter, but shall include a unique shelter design, an
information kiosk, a `Smart Sign,' and a public art component. The shelter design and
public art shall be to the approval of the Architectural Review Commission, as part of the
normal review procedures provided by the City's public art ordinance. Prior to the
installation of the shelter and artwork, a maintenance agreement shall be recorded to
insure the on -going maintenance of the facility, not at the expense of the City. The
shelter and artwork shall be approved and constructed prior to occupancy of any
residential dwellings on the project site.
2. The applicants shall submit a Revegetation and Restoration Plan for the riparian corridors
on -site as part of a complete application for Architectural Review. The Plan shall be
consistent with the requirements of BIO /mm -8, the Community Design Guidelines and
the Open Space Element of the General Plan. Implementation of the plan shall be
required prior to occupancy of more than 10% of the residential units on the project site.
3. Prior to issuance of construction permits for the project, the applicant shall provide the
City with an agreement between the applicant and adjacent property owner for
construction of the proposed bridge over the creek, between project sites. The design of
the bridge shall be submitted to the City as part of a complete application for
Architectural Review and shall be constructed prior to occupancy of any commercial
floor area developed along Orcutt Road.
4. A complete application for Architectural Review shall include a detailed description of
all private and common outdoor areas on the project site, and how these areas comply
with the noise attenuation requirements provided in the Final EIR.
5. A complete application for Architectural Review shall include a detailed description,
including product samples and maintenance requirements, for the proposed on -site
decorative paving. The drive aisles shall meet the access requirements for emergency
vehicles and garbage collection, including the ability to support the imposed loads of a
60,000 pound fire apparatus.
6. The site plan shall be revised to incorporate at least three garbage enclosures suitable for
storing 5 -yard bins for refuse and recycling. The enclosures shall be designed in a
manner consistent with the requirements of SLO Garbage Company, and the designs
shall be submitted to the City for review as part of a complete application for
Architectural Review.
7. Avigation easements, consistent with City and County procedures, shall be recorded for
the entire project site, prior to recordation of the Final Map for the project, to the
approval of the Community Development Director.
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Ordinance No. 1486 (2005 Series)
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8. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters), will receive full and accurate disclosure
concerning the noise, safety, and overflight impacts associated with airport operations
prior to entering any contractual obligation to purchase, lease, rent or otherwise occupy
any property or properties on the project site. Real estate disclosure forms and
notifications in the project's CC &R's shall be used to satisfy this requirement, to the
approval of the Community Development Director.
9. No more than two guaranteed affordable units may be located within the same building.
10. The value of the proposed public art shall be based on the total project value, not to
exceed $50,000, per the public art ordinance requirements.
11. A minimum setback of 5 feet shall be provided from the edge of the open space easement
located adjacent to lots 35 and 36 to allow for construction and maintenance of the
proposed buildings without encroaching into the easement area.
12. Motorcycle parking spaces shall be provided per City standards for the commercial
portion of the project.
13. Avigation easements, consistent with City and County procedures, shall be recorded for
the entire project site, prior to recordation of the Final Map for the project, to the
approval of the Community Development Director.
14. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters), will receive full and accurate disclosure
concerning the noise, safety, and overflight impacts associated with airport operations
prior to entering any contractual obligation to purchase, lease, rent or otherwise occupy
any property or properties on the project site. Real estate disclosure forms and
notifications in the project's CC &R's shall be used to satisfy this requirement, to the
approval of the Community Development Director.
15. An open space easement shall be recorded covering the creek corridors and setback areas
to provide for the long -term maintenance and preservation of the creeks to the approval
of the City's Natural Resources Manager.
Mixed -Use Project Conditions
1. 3 affordable dwelling units shall be provided by the developer in a manner consistent
with the City's Affordable Housing Standards, to the approval of the Community
Development Director.
2. The Mixed Use Project is subject to the use matrix provided in Exhibit C. Modifications
to the use matrix require the approval of the Planning Commission.
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3. Restaurant uses on the project site shall be required to include interior spaces for the
storage of food scraps and other waste and shall contract for daily garbage service, to the
approval of the Architectural Review Commission or the Community Development
Director. Refuse storage areas shall be kept clean and odor free. If trash must be
relocated from the interior space of a restaurant to one of the exterior trash enclosures on-
site, it shall be done as close as possible to the trash pick -up time. To address noise
issues, plans for tenant improvements shall be evaluated to keep kitchen areas away from
exterior doors and windows, where residential units are located above.
4. Hours of operation for all commercial uses on the project site are limited to between 8
a.m. and 6 p.m., unless the Director approves an Administrative Use Permit for extended
hours.
5. The property managers for the project shall be required to maintain an updated and
accurate parking calculation worksheet for the commercial portions of the project site.
The worksheet shall be submitted to the Community Development Department with
every use permit application required by this resolution.
Conditions, Covenants and Restrictions
1. The project CC &R's shall stipulate that garages within the project shall be used
exclusively for parking vehicles and may not be used for general storage, recreation or
other uses that would prevent the parking of vehicles as required by the Zoning
Regulations.
2. CC &R's shall address use of facilities by non - resident guests, alcoholic beverage
consumption in common areas, and shall provide sufficient penalties to address
violations, to the approval of the Community Development Director.
3. The CC &R's for the project shall limit restaurant activities that create very strong odors,
such as coffee roasting, as recommended by the APCD.
4. The CC &R's for the project shall stipulate that maintenance and replacement of all
decorative paving installed as part of the project will be the responsibility of the HOA.
This includes replacement of paving (per the approved plans) that is damaged by City
crews as part of utilities maintenance of public facilities on -site.
5. Parking in the Orcutt Road commercial parking lot shall be open to all residents of the
project at all times. Parking in the Broad Street commercial parking lot may be restricted
during daytime hours to insure adequate parking for proposed commercial uses.
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Ordinance No. 1486 (2005 Series)
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INTRODUCED on the 15th day of November, 2005, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 6th day of December, 2005, on the following
roll call vote:
AYES: Council Members Brown and Ewan and Vice Mayor Settle
NOES: Council Member Mulholland and Mayor Romero
ABSENT: None
4eo:—:
A;
l
Mayor David F. Romero
ATTEST:
lyAudreyHooper
City Clerk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
hereby certify that this document is a iru
and accurate copy of Ordinance No. N _
and that the ordinance was publishes: pursuant
to Charter Section 602.
Daie City Clerk
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Creekston - Planned Development Rezoning - Exhibit A
Existing:
Proposed:
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Exhibit B - Creekston PD Overlay - Development Standards
Setbacks
Street Yards Buildings Parking
Orcutt Road 8 feet 3 feet*
Broad Street 5 feet None*
Minimum three feet landscaping required between back of sidewalk and parking spaces
Side Yards:
Internal Property line setbacks subject to building code requirements and design review
Height
Loft Bldgs 57 feet
All Other Bldgs 37 feet
Creek Setbacks (permitted encroachments)
Broad Street - Parking and External Stairs (Lot 39) -Up to 7 feet, per approved plans
Orcutt and McMillan Driveway - Per approved Development Plan and existing easement
Loft Building - Up to 7 feet, per approved Development Plan
Broad Street Access Bridge - Per approved Development Plan
Pedestrian Bridge to Tumbling Waters — Per approved Development Plan
Lot 36 — Up to 280 s.f., per the approved Development Plan
Parkine Requirements
The HOA, or property manager for the commercial spaces if there is one, shall be
responsible for maintaining a parking calculation worksheet for the project and shall
submit the worksheet to the City of San Luis Obispo whenever an Administrative Use
Permit is requested under this ordinance.
Parking requirements for the project are per Zoning Regulations Standards and the
approved plans, with a 25% reduction provided overall for the project.
Motorcycle parking requirements are waived for the residential portion of the site.
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Creekston PD Standards Exhibit B
Parkinst and Driveway Standards
Tandem Parking is permitted in garages, per the approved Development Plan. The
minimum depth of the garages must accommodate one standard space and one compact
space. Additional exceptions to the Parking and Driveway Standards may be approved
by the Community Development Director, per the Zoning Regulations (17.16.070).
Open Space Requirements
The numerical standards of the Property Improvement Standards for New Condominium
Projects (SLOMC 17.82.140.A, B, C and D) shall be waived in favor of a qualitative
review of the requirements to insure compliance with the intent of the standards, while
accommodating the superior design of the proposed project and its successful mitigation
of noise impacts. The Architectural Review Commission shall be responsible for
evaluating the project for compliance with the following project imperative:
1) The project meets the open space requirements of the High- Density
Residential zone by providing "common outdoor areas and very
compact private outdoor spaces," except where outdoor use areas
would expose residents to excessive noise levels and where the design
of noise attenuation measures (such as stand -alone sound walls) would
be inconsistent with the City's Community Design Guidelines. Decks
that are 3 feet in depth or less shall be considered architectural features
instead of usable open space areas and shall not be subject to noise
attenuation requirements.
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Exhibit C — Creekston Use List tGGPD Zone)
Staff proposed use list for Creekston, Community Commercial Planned Development
1. Allowed Uses:
ATMs
Auto .,at4s sales, without : st.,llat;a
Banks and financial services
Building and 1. ids a „•,ate. -ials sales, fiauvvi
Business support services
Caretaker quarters
Convenience store
Copying and quick printer service
Day care — Day care center
Day care — Family day care home
Fitness/health f eil:tie
Furniture, furnishings, and appliance stores
General retail — 2,400 sf or less (maximum total General Retail floor area for project)
Groceries, liquor, specialty foods
Medical service — Doctor office (above ground floor)
Mixed -use project
Office — Accessory (above ground floor)
Office — Business and Service (above ground floor)
Office — Production and administrative (above ground floor)
Office — Professional (above ground floor)
2-Office-supporting retail, 2,000 sf or less
Personal services
o photo pho r, .,hOtOg .. - aph: St,,,-1:
o D t' 1 h' 1 as teinperar-y dwelling (See Seet:on 17.08.010.C;-.4)
Residential support services
Restaurant
Seheal Sp .,1; ed o l„ t: „fit,- R {Tl t appreval en ground fle r, allowed
aloe)
Social service organization
Transit stop
Vending machine (See Section 17.08.050)
Veterinary clinic /hospital, boarding, small animal, indoor
Uses Allowed with Director's or Chief Building Official's Approval by Letter:
Office — Temporary, real- estate sales office in tract
Office — Temporary, on -site mobile home as a construction office
Outdoor temporary and/or seasonal sales
Uses Allowed with Director's Approval Use Permit:
Bar /tavern
0 Building an 1,,,,.- seape materials sales, „t,1oof
r
0 Cater-in —
Club, lodge, private meeting hall
Commercial recreation facility - Indoor
I n t Sales f aleeholie h n motor - f-44Qo
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Exhibit C — Creekston Use List kC -C -PD Zone)
0
All retail r, er-e than 2,009 sf, , p to 1 c nnn Sf
general retail 44or-° than 15,000 s , t„ n cfp , nnn s
C—Lene-r-al -r °mil More than 45,000 s f , p t„ tin nnn s
Library, museum
Library, branch facility
0
Medical service — Doctor office (ground floor)
o Night elub
Office — Accessory (ground floor)
Office — Business and Service (ground floor)
Office — Production and administrative (ground floor)
Office — Professional (ground floor)
Parades, Gamivals, , Festivals
0
Photographer, photographic studio
Religious facility
o serwiee station
Special event
Studio — Art, dance, martial arts, music, etc.
Temporary or Intermittent Uses
o The t,- e
Vehiele ser; ees Gafwash
0 Wafeliouse stores 45,000 sf of: less
Uses Allowed with Planning Commission Approval:
Antennas and telecommunications facilities
o n_ _ l n :i r)F- -- «L -- cn nnn , C . — i nn nnn
L
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