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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 ARC2 - 1 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 2 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. ARC2 - 2 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 3 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 ARC2 - 3 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 4 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 ARC2 - 4 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 5 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 ARC2 - 5 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 6 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) ARC2 - 6 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 7 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 ARC2 - 7 ARCH-0500-2017 & EID-0274-2017 791 Orcutt Road & 3330 & 3360 Broad St Page 8 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 ARC2 - 8 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 ARC2 - 9 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 2 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 ARC2 - 10 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 ARC2 - 11 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 4 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 ARC2 - 12 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 5 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 ARC2 - 13 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 6 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 ATTACHMENT 1 ARC2 - 14 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 7 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. ATTACHMENT 1 ARC2 - 15 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 8 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 ATTACHMENT 1 ARC2 - 16 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 9 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. ATTACHMENT 1 ARC2 - 17 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 10 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 ATTACHMENT 1 ARC2 - 18 Resolution No. ARC- -18 791 Orcutt Rd and 3330 & 3360 Broad St, ARCH-0050-2017 Page 11 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 ATTACHMENT 1 ARC2 - 19 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 ATTACHMENT 1 EXHIBIT A ARC2 - 20 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. ATTACHMENT 1 EXHIBIT A ARC2 - 21 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 EXHIBIT A ARC2 - 22 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 EXHIBIT A ARC2 - 23 r'1 • 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. 1111612005 2 ATTACHMENT 1 EXHIBIT A ARC2 - 24 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 1111612005 3 ATTACHMENT 1 EXHIBIT A ARC2 - 25 O 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 1111612005 4 ATTACHMENT 1 EXHIBIT A ARC2 - 26 11 • 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 ATTACHMENT 1 EXHIBIT A ARC2 - 27 n 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. 1111612005 6 ATTACHMENT 1 EXHIBIT A ARC2 - 28 C • Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 7 ATTACHMENT 1 EXHIBIT A ARC2 - 29 n Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 8 ATTACHMENT 1 EXHIBIT A ARC2 - 30 0 0 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 9 ATTACHMENT 1 EXHIBIT A ARC2 - 31 0 i Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 10 ATTACHMENT 1 EXHIBIT A ARC2 - 32 1J 0 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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 1111612005 11 ATTACHMENT 1 EXHIBIT A ARC2 - 33 7, ! Four Creelu Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 12 ATTACHMENT 1 EXHIBIT A ARC2 - 34 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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, 1111612005 13 ATTACHMENT 1 EXHIBIT A ARC2 - 35 C+ Q Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 14 ATTACHMENT 1 EXHIBIT A ARC2 - 36 0 0 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 15 ATTACHMENT 1 EXHIBIT A ARC2 - 37 N Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 16 ATTACHMENT 1 EXHIBIT A ARC2 - 38 O Four Creeks Rezoning Project CEQA Findings - Exhibit A 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 1111612005 17 ATTACHMENT 1 EXHIBIT A ARC2 - 39 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 18 ATTACHMENT 1 EXHIBIT A ARC2 - 40 O J Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 36 ATTACHMENT 1 EXHIBIT A ARC2 - 58 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 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. 1111612005 37 ATTACHMENT 1 EXHIBIT A ARC2 - 59 l O 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 1111612005 38 ATTACHMENT 1 EXHIBIT A ARC2 - 60 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 1111612005 39 ATTACHMENT 1 EXHIBIT A ARC2 - 61 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. 1111612005 40 ATTACHMENT 1 EXHIBIT A ARC2 - 62 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. 1111612005 41 ATTACHMENT 1 EXHIBIT A ARC2 - 63 K 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. 1111612005 42 ATTACHMENT 1 EXHIBIT A ARC2 - 64 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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; 1111612005 43 ATTACHMENT 1 EXHIBIT A ARC2 - 65 Four Creels Rezoning Project CEQA Findings - Exhibit A 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. 1111611005 44 ATTACHMENT 1 EXHIBIT A ARC2 - 66 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; 1111611005 45 ATTACHMENT 1 EXHIBIT A ARC2 - 67 0 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. 1111612005 46 ATTACHMENT 1 EXHIBIT A ARC2 - 68 0 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. 1111612005 47 ATTACHMENT 1 EXHIBIT A ARC2 - 69 C' 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. 1111612005 48 ATTACHMENT 1 EXHIBIT A ARC2 - 70 r^ 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. 1111612005 49 ATTACHMENT 1 EXHIBIT A ARC2 - 71 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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). 1111612005 50 ATTACHMENT 1 EXHIBIT A ARC2 - 72 O 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 1111612005 51 ATTACHMENT 1 EXHIBIT A ARC2 - 73 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 1111612005 52 ATTACHMENT 1 EXHIBIT A ARC2 - 74 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 1111612005 53 ATTACHMENT 1 EXHIBIT A ARC2 - 75 N 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 1111612005 54 ATTACHMENT 1 EXHIBIT A ARC2 - 76 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. 1111612005 55 ATTACHMENT 1 EXHIBIT A ARC2 - 77 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. 1111612005 56 ATTACHMENT 1 EXHIBIT A ARC2 - 78 N 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 1111612005 57 ATTACHMENT 1 EXHIBIT A ARC2 - 79 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 1111612005 58 ATTACHMENT 1 EXHIBIT A ARC2 - 80 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 1111612005 59 ATTACHMENT 1 EXHIBIT A ARC2 - 81 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 1111612005 60 ATTACHMENT 1 EXHIBIT A ARC2 - 82 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. 1111612005 61 ATTACHMENT 1 EXHIBIT A ARC2 - 83 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111611005 62 ATTACHMENT 1 EXHIBIT A ARC2 - 84 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. 1111612005 63 ATTACHMENT 1 EXHIBIT A ARC2 - 85 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 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. 1111611005 64 ATTACHMENT 1 EXHIBIT A ARC2 - 86 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. 1111612005 65 ATTACHMENT 1 EXHIBIT A ARC2 - 87 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.) 1111612005 66 ATTACHMENT 1 EXHIBIT A ARC2 - 88 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 67 ATTACHMENT 1 EXHIBIT A ARC2 - 89 Four Creels Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 68 ATTACHMENT 1 EXHIBIT A ARC2 - 90 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. " 1111611005 69 ATTACHMENT 1 EXHIBIT A ARC2 - 91 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 11/16/2005 ATTACHMENT 1 EXHIBIT A ARC2 - 92 0 0 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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, 1111612005 71 ATTACHMENT 1 EXHIBIT A ARC2 - 93 0 u Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 72 ATTACHMENT 1 EXHIBIT A ARC2 - 94 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 1111612005 73 ATTACHMENT 1 EXHIBIT A ARC2 - 95 0 0 Four Creeks Rezoning Project CEQA Findings - Exhi6it A 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 1111612005 74 ATTACHMENT 1 EXHIBIT A ARC2 - 96 Four Creeks Rezoning Project CEQA Findings - Exhibit A 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 1111612005 75 ATTACHMENT 1 EXHIBIT A ARC2 - 97 O • Four Creeks Rezoning Project CEQA Findings - Exhibit A 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. 11116/2005 76 ATTACHMENT 1 EXHIBIT A ARC2 - 98 C. 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. 1111612005 77 ATTACHMENT 1 EXHIBIT A ARC2 - 99 9 Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A 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 Final EIR 78 ATTACHMENT 1 EXHIBIT A ARC2 - 100 o • Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A 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 Final EIR 79 ATTACHMENT 1 EXHIBIT A ARC2 - 101 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 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 ¯ ATTACHMENT 3 ARC2 - 122 ATTACHMENT 4ARC2 - 123 ATTACHMENT 4ARC2 - 124 ATTACHMENT 4ARC2 - 125 ATTACHMENT 4ARC2 - 126 ATTACHMENT 4ARC2 - 127 ATTACHMENT 4ARC2 - 128 ATTACHMENT 4ARC2 - 129 ATTACHMENT 4ARC2 - 130 ATTACHMENT 4ARC2 - 131 ATTACHMENT 4ARC2 - 132 ATTACHMENT 4ARC2 - 133 ATTACHMENT 4ARC2 - 134 ATTACHMENT 4ARC2 - 135 ATTACHMENT 4ARC2 - 136 ATTACHMENT 4ARC2 - 137 ATTACHMENT 4ARC2 - 138 ATTACHMENT 4ARC2 - 139 ATTACHMENT 4ARC2 - 140 ATTACHMENT 4ARC2 - 141 ATTACHMENT 4ARC2 - 142 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 ATTACHMENT 5 ARC2 - 143 Ordinance No. 1486 (2005 Series) Page 2 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 ATTACHMENT 5 ARC2 - 144 Ordinance No. 1486 (2005 Series) Page 3 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 ATTACHMENT 5 ARC2 - 145 Ordinance No. 1486 (2005 Series) Page 4 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 ATTACHMENT 5 ARC2 - 146 Ordinance No. 1486 (2005 Series) Page 5 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. ATTACHMENT 5 ARC2 - 147 Ordinance No. 1486 (2005 Series) Page 6 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. ATTACHMENT 5 ARC2 - 148 Ordinance No. 1486 (2005 Series) Page 7 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. ATTACHMENT 5 ARC2 - 149 Ordinance No. 1486 (2005 Series) Page 8 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 ATTACHMENT 5 ARC2 - 150 Creekston - Planned Development Rezoning - Exhibit A Existing: Proposed: ATTACHMENT 5 ARC2 - 151 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. ATTACHMENT 5 ARC2 - 152 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. ATTACHMENT 5 ARC2 - 153 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 ATTACHMENT 5 ARC2 - 154 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 ATTACHMENT 5 ARC2 - 155 ATTACHMENT 6ARC2 - 156