HomeMy WebLinkAboutReading File #1 - Resolution No. 10822 (2017 Series) approving tentative mapR 10822
RESOLUTION NO. 10822 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL EIR FOR AND
APPROVING THE SAN LUIS RANCH PROJECT, INCLUDING A
SPECIFIC PLAN, GENERAL PLAN AMENDMENT, PREZONING,
DEVELOPMENT PLAN/VESTING TENTATIVE TRACT MAP NO. 3096,
INITIATION OF ANNEXATION FOR THE PROJECT, AND TERM
SHEET FOR PROPERTY LOCATED AT 1035 MADONNA ROAD
SPEC/ANNX/ER-1502-2015)
WHEREAS, on June 7, 2017, the Planning Commission of the City of San Luis Obispo
recommended the City Council 1) certify the Final EIR for the San Luis Ranch project; and 2)
approve the San Luis Ranch project, including all related entitlements, consisting of the San Luis
Ranch Specific Plan, General Plan Amendment, prezoning the site in anticipation of annexation,
Development Plan/Vesting Tentative Tract Map No. 3096, and Term Sheet; and 3) initiate an
annexation application to the San Luis Obispo Local Agency Formation Commission (LAFCo);
and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on July 5, 2017 in the Council Chamber of CityHall, 990 Palm Street, San Luis Obispo, California,
for the purpose of considering SPEC/ANNX/ER-1502-2015, which includes entitlements
consistent with the Planning Commission recommendation of June 7, 2017, including a Specific
Plan that would allow up to 580 residential units, 250,000 square feet of commercial development,
and other uses on a 131-acre site, with a and Vesting Tentative TractMap that would accommodate
the residential portion of the Specific Plan; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Final EIR, CEQA Findings, Mitigation Measures and Mitigation
Monitoring and Reporting Program. Based upon all the evidence, the City Council hereby
certifies the Final Environmental Impact Report (EIR), adopts a Mitigation Monitoring and
Reporting Program, and adopts the following CEQA Findings in support of the San Luis Ranch
Project:
1. The San Luis Ranch Specific Plan Final Environmental Impact Report (FEIR) was prepared
in accordance with the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines, adequately addressing impacts associated with the proposed project; and
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2. The proposed project is consistent with the requirements of the San Luis Ranch Specific
Plan Final Environmental Impact Report (FEIR) as proposed based on the attached Findings
and Statement of Overriding Considerations prepared consistent with CEQA Guidelines
Sections 15091 and 15093, and this approval incorporates those FEIR mitigation measures
as applicable to VTM #3096, as detailed below, and described more fully in the attached
Findings of Fact and Statement of Overriding Considerations” document (Exhibit A).
3. All potentially significant effects were analyzed adequately in the referenced FEIR, and
reduced to the extent feasible, provided the following mitigation measures are incorporated
into the project and the Mitigation Monitoring and Reporting Program.
SAN LUIS RANCH FEIR MITIGATION MEASURES
Agricultural Resources Mitigation
AG-1. Agricultural Conservation. Prior to issuance of any grading permits the project
proponent shall provide that for every one (1) acre of Important Farmland (Prime Farmland,
Farmland of Statewide Importance, and Unique Farmland) on the site that is permanently
converted to non-agricultural use as a result of project development, one (1) acre of land of
comparable agricultural productivity shall be preserved in perpetuity. The land dedicated to
agriculture pursuant to this measure shall be of size, location and configuration appropriate to
maintain a viable, working agricultural operation. The acreage required to meet the 1:1 ratio may
be met by the off-site agricultural conservation easement/deed restriction proposed by the project
applicant, as long as this land meets the conditions outlined in this measure. Said mitigation shall
be satisfied by the applicant through:
1) Granting a perpetual conservation easement(s), deed restriction(s), or other farmland
conservation mechanism(s) to the City or qualifying entity which has been approved by the
City, such as the Land Conservancy of San Luis Obispo, for the purpose of permanently
preserving agricultural land. The required easement(s) area or deed restriction(s) shall
therefore total a minimum of 56 acres of Prime Farmland. The land covered by said on-
and/or off-site easement(s) or deed restriction(s) shall be located within or contiguous to
the City’s Urban Reserve Line or Greenbelt subject to review and approval of the City’s
Natural Resources Manager; or
2) Making an in-lieu payment to a qualifying entity which has been approved by the City,
such as the Land Conservancy of San Luis Obispo, to be applied toward the future
purchase of a minimum of 56 acres of Prime Farmland in San Luis Obispo County,
together with an endowment amount as may be required. The payment amount shall be
determined by the qualifying entity or a licensed appraiser; or
3) Making an in-lieu payment to a qualifying entity which has been approved by the City and
that is organized for conservation purposes, to be applied toward a future perpetual
conservation easement, deed restriction, or other farmland conservation mechanism to
preserve a minimum of 56 acres of Prime Farmland in San Luis Obispo County. The
amount of the payment shall be determined by the qualifying entity or a licensed appraiser;
or
Any combination of the above.
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AG-3(a). Agricultural Conflict Avoidance Measures. The following language shall be added
to Section 4.2.1, Agricultural Buffer, of the San Luis Ranch Specific Plan:
Agricultural buffers will include City-approved measures to reduce availability of public
access to agricultural cultivation areas adjacent to the project site (e.g., fencing, signs,
etc.). Future residents will be notified of agricultural buffers as part of purchase or lease
agreements.”
AG-3(b). Agricultural Fencing. The project applicant shall coordinate with the City to fund
installation of fencing and signs along Froom Ranch Way and Dalidio Drive/Prado Road to
minimize potential for increases in trespass and vandalism of adjacent agricultural areas.
AG-3(c). Buffer Landscaping. To reduce the potential for noise, dust, and pesticide drift to affect
future residents on the project site, the project applicant shall ensure that project landscape plans
include planting of a windrow of trees and shrubs within the agricultural buffer along Froom
Ranch Way at a sufficient density to buffer the site from surrounding agricultural operations.
Air Quality Mitigation
AQ-1. Encourage Telecommuting. The project applicant or developers of individual projects
within the Specific Plan Area shall include provisions to encourage employers within the
proposed commercial, office, and hotel components of the project to implement telecommuting
programs and include teleconferencing capabilities, such as web cams or satellite linkage, which
will allow employees to attend meetings remotely without requiring them to travel out of the area.
AQ-2(a). Fugitive Dust Control Measures. Construction projects shall implement the following
dust control measures so as to reduce PM10 emissions in accordance with SLOAPCD
requirements.
Reduce the amount of the disturbed area where possible;
Water trucks or sprinkler systems shall be used during construction 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 or a SLOAPCD-
approved dust suppressant shall be used whenever possible, to reduce the amount of potable
water used for dust control;
All dirt stock pile areas shall be sprayed daily as needed;
Permanent dust control measures identified in the approved project revegetation and landscape
plans shall be implemented as soon as possible following completion of any soil disturbing
activities;
Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading shall be sown with a fastgerminating, non-invasive grass seed and watered until
vegetation is established;
All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the SLOAPCD;
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All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible
after grading unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at
the construction site;
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain
at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)
in accordance with California Vehicle Code Section 23114;
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site;
Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.
Water sweepers with reclaimed water shall be used where feasible;
All of these fugitive dust mitigation measures shall be shown on grading and building plans;
and
The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust
offsite. Their duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone number of such persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any grading, earthwork or demolition.
AQ-2(b). Standard Control Measures for Construction Equipment. The following standard
air quality mitigation measures shall be implemented during construction activities at the project
site:
Maintain all construction equipment in proper tune according to manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle
diesel fuel (non-taxed version suitable for sue off-road);
Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road
heavy-duty diesel engines, and comply with the State Off-Road Regulation;
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for
on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;
Construction or trucking companies with fleets that do not have engines in their fleet that meet
the engine standards identified in the above two measures (e.g. captive or NOX exempt area
fleets) may be eligible by proving alternative compliance;
On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of
Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with
gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California based vehicles. In general, the regulation
specifies that drivers of said vehicles:
1. Shall not idle the vehicle's primary diesel engine for greater than 5-minutes at any location,
except as noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a
restricted area, except as noted in Subsection (d) of the regulation.
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Off-road diesel equipment shall comply with the 5-minute idling restriction identified in
Section 2449(d)(2) of the California Air Resources Board's In-Use Off-Road Diesel regulation.
Signs shall be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5-minute idling limit;
In addition to the state required diesel idling requirements, the project applicant shall comply
with these more restrictive requirements to minimize impacts to nearby sensitive receptors:
1. Signs that specify the no idling areas shall be posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
3. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
4. Use of alternative fueled equipment is recommended;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
Use alternatively fueled construction equipment on-site where feasible, such as compressed
natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
AQ-2(c). Best Available Control Technology (BACT) for ConstructionEquipment. The
following BACT for diesel-fueled construction equipment shall be implemented during
construction activities at the project site, where feasible:
Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road
compliant engines where feasible;
Repowering equipment with the cleanest engines available; and
Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters. These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
AQ-2(d). Architectural Coating. To reduce ROG and NOX levels during the architectural
coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less.
AQ-2(e). Construction Activity Management Plan. Emissions reduction measures and
construction practices required to comply with Mitigation Measures AQ-2(a) through AQ-2(d)
shall be documented in a Construction Activity Management Plan (CAMP) and submitted to
SLOAPCD for review and approval at least three months before the start of construction. The
CAMP shall include a Dust Control Management Plan, tabulation of on and off-road construction
equipment (age, horse-power and miles and/or hours of operation), construction truck trip
schedule, construction work-day period, and construction phasing. If implementation of the
Standard Mitigation and Best Available Control Technology measures cannot bring the project
below the Tier 1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be
implemented in coordination with SLOAPCD to reduce NOX and ROG emissions to below the
Tier 1 threshold.
AQ-3(a). Standard Operational Mitigation Measures. Prior to issuance of grading permits, the
applicant shall define and incorporate into the San Luis Ranch Specific Plan standard emission
reduction measures from the SLOAPCD CEQA Air Quality Handbook to reduce emissions to
below daily threshold levels. Emission reduction measures shall include, but would not be limited
to:
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Increase the building energy rating by 20 percent above 2013 Title 24 requirements (used in
the California Emissions Estimator Model) or consistent with 2016 Title 24 requirements,
whichever is stricter. Measures used to reach the 20 percent rating cannot be double counted;
Utilize onsite renewable energy systems (e.g., solar, wind, geothermal, low-impact hydro,
biomass and bio-gas); and
In addition, the proposed hotel component of the Specific Plan shall participate in the SLO Car
Free Program, provide incentives to car-free travelers, and promote the program in their
communication tools.
AQ-3(b). Off-Site Mitigation. If implementation of standard emission reduction measures from
the SLOAPCD CEQA Air Quality Handbook described in Mitigation Measure AQ-3(a) is
insufficient to reduceemissions to below daily threshold levels, then the applicant shall coordinate
with SLOAPCD to provide funding for off-site emission reduction measures to reduce emissions
to below daily threshold levels. In accordance with SLOAPCD methodology, the excess
emissions shall be multiplied by the cost effectiveness of mitigation as defined in the State’s
current Carl Moyer Incentive Program Guidelines to determine the annual off-site mitigation
amount. This amount shall then be extrapolated over the life of the project to determine total off-
site mitigation. Off-site emission reduction measures may include, but would not be limited to:
Developing or improving park-and-ride lots;
Retrofitting existing homes in the project area with SLOAPCD-approved wood combustion
devices;
Retrofitting existing homes in the project area with energy-efficient devices;
Constructing satellite worksites;
Funding a program to buy and scrap older, higher emission passenger and heavy-duty vehicles;
Replacing/re-powering transit buses;
Replacing/re-powering heavy-duty diesel school vehicles (i.e. bus, passenger or maintenance
vehicles);
Funding an electric lawn and garden equipment exchange program;
Retrofitting or re-powering heavy-duty construction equipment, or on-road vehicles;
Re-powering marine vessels;
Re-powering or contributing to funding clean diesel locomotive main or auxiliary engines;
Installing bicycle racks on transit buses;
Purchasing particulate filters or oxidation catalysts for local school buses, transit buses or
construction fleets;
Installing or contributing to funding alternative fueling infrastructure (i.e. fueling stations for
CNG, LPG, conductive and inductive electric vehicle charging, etc.);
Funding expansion of existing transit services;
Funding public transit bus shelters;
Subsidizing vanpool programs;
Subsidizing transportation alternative incentive programs;
Contributing to funding of new bike lanes;
Installing bicycle storage facilities; and
Providing assistance in the implementation of projects that are identified in City or County
Bicycle Master Plans.
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Biological Resources Mitigation
BIO-1(a). Best Management Practices. The applicant shall ensure the following general wildlife
Best Management Practices (BMPs) are required for construction activity within the San Luis
Ranch Specific Plan Area:
No pets or firearms shall be allowed at the project site during construction activities.
All trash that may attract predators must be properly contained and removed from the work
site. All such debris and waste shall be picked up daily and properly disposed of at an
appropriate site.
All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet
from Prefumo Creek and in a location where a spill would not drain toward aquatic habitat. A
plan must be in place for prompt and effective response to any accidental spills prior to the
onset of work activities. All workers shall be informed of the appropriate measures to take
should an accidental spill occur.
Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should material spills occur, materials and/or contaminants shall be cleaned from
the project site and recycled or disposed of to the satisfaction of the Regional Water Quality
Control Board (RWQCB).
Priorto construction activities in areas adjacent to Prefumo Creek and Cerro San Luis Channel,
the drainage features shall be fenced with orange construction fencing and signed to prohibit
entry of construction equipment and personnel unless authorized by the City. Fencing should
be located a minimum of 20 feet from the edge of the riparian canopy or top of bank and shall
be maintained throughout the construction period for each phase of development. Once all
phases of construction in this area are complete, the fencing may be removed.
To control sedimentation during and after project implementation, appropriate erosion control
BMPs (e.g., use of coir rolls, jute netting, etc.) shall be implemented to minimize adverse
effects on Prefumo Creek. No plastic monofilament netting shall be utilized on site.
Construction equipment shall be inspected at the beginning of each day to ensure that wildlife
species have not climbed into wheel wells or under tracks since the equipment was last parked.
Any sensitive wildlife species found during inspections shall be gently encouraged to leave the
area by a qualified biological monitor or otherwise trained personnel.
All vehicles and equipment shall be in good working condition and free of leaks.
Environmentally Sensitive Areas shall be delineated by a qualified biologist prior to
construction to confine access routes and construction areas.
Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid impacts
to nocturnal and crepuscular (dawn and dusk activity period) species. No construction night
lighting shall be permitted within 100 yards of the top of the Prefumo Creek bank.
Concrete truck and tool washout shall be limited to locations designated by a qualified biologist
such that no runoff will reach Prefumo Creek or Cerro San Luis Channel.
All open trenches shall be constructed with appropriate exit ramps to allow species that
accidentally fall into a trench to escape. Trenches will remain open for the shortest period
necessary to complete required work.
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Existing facilities and disturbed areas shall be used to the extent possible to minimize the
amount of disturbance and all new access roads other than the Froom Ranch Way Bridge shall
be cited to avoid high quality habitat and minimize habitat fragmentation.
In the event that construction must occur within thecreek or creek setback, a biological monitor
shall be present during all such activities with the authority to stop or redirect work as needed
to protect biological resources.
BIO-1(b). Worker Environmental Awareness Program Training. Prior to the initiation of
construction activities (including staging and mobilization), the applicant shall ensure all
personnel associated with project construction attend a Worker Environmental Awareness
Program (WEAP) training.
The training shall be conducted by a qualified biologist, to aid workers in recognizing special
status resources that may occur in the project area. The specifics of this program shall include
identification of the sensitive species and habitats, a description of the regulatory status and
general ecological characteristics of sensitive resources, and review of the limits of
construction and avoidance measures required to reduce impacts to biological resources within
the work area. A fact sheet conveying this information shall also be prepared for distribution
to all contractors, their employers, and other personnel involved with construction of the
project. All employees shall sign a form provided by the trainer documenting they have
attended the WEAP and understand the information presented to them.
BIO-1(c). Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and
Minimization. The applicant shall ensure the following actions are implemented to avoid and
minimize potential impacts to western pond turtle and two-striped garter snake (these reptiles
utilize similar habitats; therefore, implementation of the proposed measures for western pond
turtle are also suitable and appropriate for two-striped garter snake):
A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the
onset of work activities within and around areas that may serve as potential western pond turtle
habitat. If this species is found and the individuals are likely to be injured or killed by work
activities, theapproved biologist shall be allowed sufficient time to move them from the project
site before work activities begin. The biologist(s) must relocate the any western pond turtle the
shortest distance possible to a location that contains suitable habitat that is not likely to be
affected by activities associated with the project.
Access routes, staging, and construction areas shall be limited to the minimum area necessary
to achieve the project goal and minimize potential impacts to western pond turtle habitat
including locating access routes and construction staging areas outside of wetlands and riparian
areas to the maximum extent practicable.
BIO-1(d). California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact
Avoidance and Minimization. The applicant shall implement the following to avoid and minimize
potential impacts to CRLF. Because coast range newt and western spadefoot are amphibians that
utilize similar habitats to CRLF, implementation of the following measures provided for CRLF
shall be implemented for these species as well.
Only USFWS-approved biologists shall participate in activities associated with the capture,
handling, and monitoring of CRLF.
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Ground disturbance shall not begin until written approval is received from the USFWS that the
biologist is qualified to conduct the work. If the USFWS does not authorize the relocation of
CRLF occurring within the project site, CRLF found within the project site shall be avoided
with a 100-foot buffer and no activities shall occur within that buffer until the CRLF has left
the project site on its own.
Areas of the project site that lie within 100 feet upland from riparian or jurisdictional areas
shall be surrounded by a solid temporary exclusion fence (such as silt fencing) that shall extend
at least three feet above the ground and be buried into the ground at least 6 inches to exclude
CRLF from the project site. Plastic monofilament netting or other similar material will not be
used. The location of the fencing shall be determined by a qualified biologist. The fence shall
remain in place throughout construction activities. Installation of the exclusion fencing shall
be monitored by a qualified biologist to ensure that it is installed correctly.
During new grading activities in habitats within 100 feet upland from riparian or jurisdictional
areas, a qualified biologist shall be on-site to recover any spadefoot toads that may be
excavated/unearthed with native material or found under vegetation. If the animals are in good
health, they shall be immediately relocated to a designated release area. If they are injured, the
animals shall be turned over to an approved wildlife rehabilitator until they are in a condition
to be released into the designated release area.
To ensure that diseases are not conveyed between work sites by the approved biologist, the
fieldwork code of practice developed by the Declining Amphibian Populations Task Force
shall be followed at all times.
BIO-1(e). Steelhead Impact Avoidance and Minimization. The applicant shall ensure the
following actions are undertaken to avoid and minimize potential impacts to steelhead:
Before any activities begin on the project, a qualified biologist will conduct a training session
for all construction personnel. At a minimum, the training will include a description of the
steelhead and its habitat, the specific measures that are being implemented to conserve this
species for the project, and the boundaries within which the project may be accomplished.
Brochures, books, and briefings may be used in the training session, provided that a qualified
person is on hand to answer any questions.
During the duration of project activities, all trash that may attract predators will be properly
contained and secured, promptly removed from the work site, and disposed of regularly.
Following construction, all trash and construction debris will be removed from the work areas.
All refueling, maintenance, and staging of equipment and vehicles will occur at least 100 feet
from riparian habitat or bodies of water and in a location where a potential spill would not
drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source).
The monitor shall ensure that contamination of suitable habitat does not occur during such
operations. Priorto the onset of work activities, a plan must be in place for prompt and effective
response to any accidental spills. All workersshall be informed of the importance of preventing
spills and of the appropriate measures to take should an accidental spill occur.
The number of access routes, size of staging areas, and the total area used for construction
activities shall be limited to the minimum area necessary to achieve the project goals.
The City will only permit work within the immediate vicinity of Prefumo Creek for times of
the year when potential impacts to steelhead would be minimal. Work shall be restricted during
the wet season (October 15 through April 30) and should ideally occur during the late summer
and early fall during the driest portion of the year; however, water may still be present during
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construction. If work is proposed in the streambed and water is present during construction, a
diversion will be required to dewater the work area and the following avoidance and
minimization measures will apply:
1) Upstream and downstream passage for fish, including juvenile steelhead, shall be
provided through or around the construction site at all times construction is occurring
within the Prefumo Creek streambed.
2) A qualified biologist shall conduct a pre-construction survey and be present onsite during
the diversion installation and dewatering process to capture and relocate any trapped
steelhead and/or other fish. Upon approval from the NMFS, the biologist(s) must relocate
these individuals the shortest distance possible to a location that contains suitable habitat
that is not likely to be affected by activities associated with the project.
3) Dewatering operations shall employ a five millimeter mesh screen fastened to the intake
hose to exclude fish and other wildlife species from the pump.
4) Steelhead shall be excluded from the construction zone with block nets installed
upstream and downstream the of the bridge construction zone. The distance upstream
and downstream for block net installation will depend on the type of construction
activities occurring in the streambed.
To control sedimentation during and after project implementation, the following BMPs shall
be implemented. If the BMPs are somehow ineffective, consultation with the City and
appropriate resource agencies will be undertaken, and all attempts to remedy the situation will
commence immediately.
1) It shall be the owner’s/contractor’s responsibility to maintain control of the entire
construction operations and to keep the entire site in compliance.
2) The owner/contractor shall be responsible for monitoring erosion and sediment control
measures (including but not limited to fiber rolls, inlet protections, silt fences, and gravel
bags) prior, during and after storm events, monitoring includes maintaining a file
documenting onsite inspections, problems encountered, corrective actions, and notes and
a map of remedial implementation measures.
3) Erosion shall be controlled by covering stockpiled construction materials (i.e. soil, spoils,
aggregate, fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic yards that are not actively
being used, consistent with the applicable construction general permit, or through other
means of erosion control approved by the City (e.g., surrounding with straw bales or silt
fencing). The site shall be maintained to minimize sediment-laden runoff to any storm
drainage system including existing drainage swales and/or sand watercourses.
a) Construction operations shall be carried out in such a manner that erosion and water
pollution will be minimized.
b) State and local laws concerning pollution abatement shall be complied with.
c) If grading operations are expected to denude slopes, the slopes shall be protected
with erosion control measures immediately following grading on the slopes.
4) Specifically, in order to prevent sedimentation and debris from entering Prefumo Creek
during construction, silt fencing shall be installed along the top of the banks on the west
side of the channel prior to the onset of construction activities.
The project biologist will monitor construction activities, in stream habitat, and overall
performance of BMPs and sediment controls for the purpose of identifying and reconciling any
condition that could adversely affect steelhead or their habitat. The biologist will halt work if
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necessary and will recommend site-specific measures to avoid adverse effects to steelhead and
their habitat.
Equipment will be checked daily for leaks prior to the initiation of construction activities. A
spill kit will be placed near the creek and will remain readily available during construction in
the event that any contaminant is accidentally released.
In addition to these avoidance and minimization measures, Mitigation Measure BIO-2(a)
would also ensure that potential temporary and permanent indirect impacts to steelhead from
the project are reduced as much as practicable.
BIO-1(f). Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization.
The applicant shall ensure the following actions are undertaken to avoid and minimize potential
impacts to overwintering monarch butterflies and nesting great blue herons.
Tree trimming/removal and construction activities that affect eucalyptus trees near or
within the monarch overwintering grove or active great blue heron nests identified in the
San Luis Ranch Monarch Trees Inspection Memo, Results of 2015 and 2016 San Luis
Ranch Heron Rookery Surveys Memo, and San Luis Ranch – Prefumo Creek Widening
Biological Constraints Memo prepared by Althouse and Meade (Appendix F), shall not be
conducted during the monarch butterfly overwintering season from October 1 through
March 31 if monarch butterflies are present, or while great blue heron nests are active from
February 1 to August 31. If construction activities must be conducted during these periods,
a qualified biologist shall conduct overwintering monarch surveys and/or nesting great blue
heron surveys within one week of habitat disturbance. If surveys do not locate clustering
monarchs or nesting great blue herons, construction activities may be conducted. If
clustering monarchs and/or nesting great blue herons are located, no construction activities
shall occur within 100 feet of the edge of the overwintering grove and/or active nest(s)
until the qualified biologist determines that no more monarchs are overwintering in the
grove or the nest(s) are no longer active.
A qualified biologist shall prepare and implement a habitat enhancement plan to be
reviewed and approved by the City’s Natural Resource Manager prior to issuance of
grading permits to enhance and restore overwintering and nesting habitat that is to be
preserved. The habitat enhancement plan may include but shall not be limited to:
o On- or off-site planting of native shrubs and trees such as Monterey Cypress
Hesperocyparis macrocarpa) that may support heron roosting and monarch
butterfly overwintering.
o As eucalyptus trees senesce, they shall be replaced with native species. Native trees
and shrubs shall also be used to supplement gaps in canopy or act as windbreaks.
o Create new offsite nesting habitat for great blue herons to mitigate for removal of
onsite nesting habitat. With a qualified biologist present, the current rookery may
be moved to a suitable offsite location where the same great blue herons can resume
nesting, following methods detailed in Crouch et al. (2002). It should be noted that
creating offsite nesting habitat for great blue herons is experimental and that the
relocation techniques described in Crouch et al. (2002) were used to relocate black-
crowned night heron (Nycticorax nycticorax). In addition, an agreement with the
City will be required prior to implementation of the offsite strategy on their
property. The methods detailed in Crouch et al. (2002) include:
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a. This entails at least one year of pre-construction monitoring of the rookery,
where the timing of rookery activities will be noted: arrival of breeding adults,
egg laying, hatching, and fledging. During this time, audio recordings of adults
and juveniles shall be made.
b. Following the completion of the nesting season in late summer, a certified
arborist specializing in the translocation of trees will examine the mature trees
onsite and work with the City’s Natural Resources Manager to determine
whether or not it is feasible to relocate the mature trees containing nests across
Madonna Road to a suitable location at Laguna Lake Open Space.
c. Prior to the start of the next nesting season (based on timing of adult arrival in
previous years), nesting adults will be recruited to the new location via decoys
and playback of vocalizations. The new location will be monitored regularly by
a qualified biologist for the following three breeding seasons.
BIO-1(g). Nesting Birds Impact Avoidance and Minimization. The applicant shall ensure the
following actions are undertaken to avoid and minimize potential impacts to nesting birds:
For construction activities occurring during the nesting season (generally February 1 to
September 15), surveys for nesting birds covered by the California Fish and Game Code and
the Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 14 days
prior to vegetation removal. The surveys shall include the disturbance area plus a 500-foot
buffer around the site. If active nests are located, all construction work shall be conducted
outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall
be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species.
Larger buffers may be required depending upon the status of the nest and the construction
activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all
construction personnel and equipment until the adults and young are no longer reliant on the
nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have
fledged the nest prior to removal of the buffer.
If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to
occur in the fall and winter (between September 1 and February 14), after fledging and before
the initiation of the nesting season.
BIO-1(h). Roosting Bats Impact Avoidance and Minimization. The applicant shall ensure the
following actions are undertaken to avoid and minimize potential impacts to roosting bats:
Prior to issuance of grading permits, a qualified biologist shall conduct a survey of existing
structures within the project site to determine if roosting bats are present. The survey shall be
conducted during the non-breeding season (November through March). The biologist shall
have access to all interior attics, as needed. If a colony of bats isfound roosting in any structure,
further surveys shall be conducted sufficient to determine the species present and the type of
roost (day, night, maternity, etc.) If the bats are not part of an active maternity colony, passive
exclusion measures may be implemented in close coordination with CDFW. These exclusion
measures must include one-way valves that allow bats to exit the structure but are designed so
that the bats may not re-enter the structure.
If a bat colony is excluded from the project site, appropriate alternate bat habitat as determined
by a qualified biologist shall be installed on the project site or at an approved location offsite.
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Prior to removal of any trees over 20 inches diameter-at-breast-height (DBH), a survey shall
be conducted by a qualified biologist to determine if any of the trees proposed for removal or
trimming harbor sensitive bat species or maternal bat colonies. If a non-maternalroost isfound,
the qualified biologist, in close coordination with CDFW shall install one-way valves or other
appropriate passive relocation method. For each occupied roost removed, one bat box shall be
installed in similar habitat and should have similar cavity or crevices properties to those which
are removed, including access, ventilation, dimensions, height above ground, and thermal
conditions. Maternal bat colonies may not be disturbed.
BIO-2(a). Habitat Mitigation and Monitoring Plan. A Habitat Mitigation and Monitoring Plan
HMMP) shall be prepared which will provide a minimum 2:1 ratio (replaced: removed) for
temporary and permanent impacts to riparian habitat. The HMMP will identify the specific
mitigation sites and it will be implemented immediately following project completion. The
HMMP shall include, at a minimum, the following components:
Description of the project/impact site (i.e. location, responsible parties, areas to be impacted
by habitat type);
Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established,
restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be
established, restored, enhanced, and/or preserved];
Description of the proposed compensatory mitigation site (location and size, ownership status,
existing functions and values of the compensatory mitigation site);
Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan
including plant species to be used, container sizes, seeding rates, etc.]);
Maintenance activities during the monitoring period, including weed removal and irrigation as
appropriate (activities, responsible parties, schedule);
Monitoring plan for the compensatory mitigation site, including no less than quarterly
monitoring for the first year ( performance standards, target functions and values, target
acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports);
Success criteria based on the goals andmeasurable objectives; said criteria to be, at a minimum,
at least 80 percent survival of container plants and 80 percent relative cover by vegetation type;
An adaptive management program and remedial measures to address negative impacts to
restoration efforts;
Notification of completion of compensatory mitigation and agency confirmation; and
Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism).
BIO-2(b). Tree Replacement. Riparian trees four inches or greater measured at diameter-at-
breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed).
Trees 24 inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1.
Willows and cottonwoods may be planted from live stakes following guidelines provided in the
California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and
container stock (CDFW 2010).
Tree replacement shall be conducted in accordance with a Natural Habitat Restoration and
Enhancement Plan to be approved by the City’s Natural Resource Manager.
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The Natural Habitat Restoration and Enhancement Plan shall prioritize the planting of
replacement trees on-site where feasible, but shall allow that replacement trees may be planted
off-site with approval of the City’s Natural Resource Manager.
Replacement trees may be planted in the fall or winter of the year in which trees were removed.
All replacement trees will be planted no more than one year following the date upon which the
native trees were removed.
BIO-2(c). Froom Ranch Way Bridge Design to Avoid Riparian Areas. The Froom Ranch
Way Bridge crossing footings shall be placed outside mapped riparian areas. The placement of
the bridge and footings shall be indicated on the Development Plan, VTM, and HMMP, and shall
show the bridge’s placement in relation to existing vegetation and the bed and bank of Prefumo
Creek.
Cultural Resources Mitigation
CR-1(a). Historical Structure Relocation and Reconstruction Plan. In order to implement
Specific Plan Policy 2.5, a relocation and reconstruction plan for the former spectator’s
barn/viewing stand, main residence, and main barn shall be developed by a qualified historic
architect. The plan shall include a structural/architectural report documenting existing integrity
and conditions and include detailed treatment methods and measures to ensure that historic
integrity is retained and that all identified character defining features will be preserved.
CR-1(b). Archival Documentation of Historic Buildings. The applicant shall provide archival
documentation of the San Luis Ranch Complex in as-built and as-found condition in the form of
an Historic American Building Survey (HABS) Level II documentation. The documentation shall
comply with the Secretary of the Interior’s Standards for Architectural and Engineering
Documentation (NPS 1990), and shall include large-format photographic recordation, detailed
historic narrative report, and compilation of historic research. The documentation shall be
completed by a qualified architectural historian or historian who meets the Secretary of the
Interior’s Professional Qualification Standards for History and/or Architectural History (NPS
1983). The original archival-quality documentation shall be offered as donated material to the
History Center of San Luis Obispo County. Archival copies of the documentation shall also be
submitted to the San Luis Obispo County Library.
CR-1(c). Informational Display of Historic Resources. A retrospective interpretive display
detailing the history of the San Luis Ranch Complex and the project site, its significance, and its
important details and features shall be developed by the applicant. The information should be
incorporated into a publicly-accessed building on the project site, such as the proposed
Agricultural Heritage Facilities and Learning Center, or a publicly-accessed outdoor location.
The display shall include images and details from the HABS documentation described in
Mitigation Measure CR-1(b) and any collected research pertaining to the historic property. The
content shall be prepared by a qualified architectural historian or historian who meets the
Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural
History (NPS 1983).
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CR-2(a). Retain a Qualified Principal Investigator. In accordance with Conservation and Open
Space Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who
meets the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation measures related to archaeological
resources. Monitoring shall involve inspection of subsurface construction disturbance at or in the
immediate vicinity of known sites, or at locations that may harbor buried resources that were not
identified on the site surface. A Native American monitor shall also be present because the area
is a culturally sensitive location. The monitor(s) shall be on-site on a full-time basis during
earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities.
CR-2(b). Unanticipated Discovery of Archaeological Resources. In the event that
archaeological resources are exposed during construction, all work shall be halted in the vicinity
of the archaeological discovery until a qualified archaeologist can visit the site of discovery and
assess the significance of the cultural resource. In the event that any artifact or an unusual amount
of bone or shell is encountered during construction, work shall be immediately stopped and
relocated to another area. The lead agency shall stop construction within 100 feet of the exposed
resource until a qualified archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1
and CCR, Title 14, Section 15064.5[f]). Examples of such cultural materials might include:
ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools such as
projectile points or choppers; flakes of stone not consistent with the immediate geology such as
obsidian or fused shale; historic trash pits containing bottles and/or ceramics; or structural
remains. If the resources are found to be significant, they must be avoided or will be mitigated
consistent with State Historic Preservation Office (SHPO) Guidelines.
Hazardous Materials Mitigation
HAZ-4. Soil Sampling and Remediation. Prior to issuance of any grading permits, a
contaminated soil assessment shall be completed in the portions of land to be graded for
development. Soil samples shall be collected under the supervision of a professional geologist or
environmental professional to determine the presence or absence of contaminated soil in these
areas. The sampling density shall be in accordance with guidance from San Luis Obispo County
Environmental Health Services, so as to define the volume of soil that may require remediation.
Laboratory analysis of soil samples shall be analyzed for the presence of organochlorine
pesticides, in accordance with EPA Test Method SW8081A, and heavy metals in accordance with
EPA Test Methods 6010B and 7471A. If soil sampling indicates the presence of pesticides or
heavy metals exceeding applicable environmental screening levels, the soil assessment shall
identify the volume of contaminated soil to be excavated.
If concentrations of contaminants exceed EPA action levels and therefore warrant remediation,
contaminated materials shall be remediated either prior to concurrent with construction and an
Environmental Site Assessment (ESA) shall be prepared. Cleanup may include excavation,
disposal, bio-remediation, or any other treatment of conditions subject to regulatory action. All
necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The
contaminated materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the direction of the lead oversight agency. The
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remediation program shall also be approved by a regulatory oversight agency, such as the San
Luis Obispo County Environmental Health Services, the Regional Water Quality Control Board
RWQCB), or DTSC. All proper waste handling and disposal procedures shall be followed. Upon
completion of the remediation, the environmental consultant shall prepare a report summarizing
the project, the remediation approach implemented, and the analytical results after completion of
the remediation, including all waste disposal or treatment manifests.
HAZ-6. Naturally Occurring Asbestos Exposure Avoidance and Minimization:
a. Prior to earthwork activities, a site-specific health and safety plan shall be developed per
California Occupational Safety and Health Administration (CalOSHA) requirements. The plan
shall include appropriate health and safety measures if NOA is detected in soil or bedrock
beneath the project site. All construction workers that have the potential to come into contact
with contaminated soil/bedrock and groundwater shall be knowledgeable of the requirements
in the health and safety plan, which includes proper training andpersonal protective equipment.
The health and safety plan shall prescribe appropriate respiratory protection for construction
workers.
b.Prior to beginning construction, a soil and bedrock analysis for asbestos using polarized light
microscopy and transmission electron microscopy by a qualified laboratory shall be conducted.
Samples of soil shall be collected from multiple locations across the site, and bedrock samples
shall be collected from locations where excavation into bedrock is anticipated. If NOA is
detected, appropriate regulations pertaining to excavation, removal, transportation, and
disposal of NOA shall be followed. The sampling strategy shall take into account the locations
of potential source areas, and the anticipated lateral and vertical distribution of contaminants
in soil and/or groundwater. The results of the investigation shall be documented in a report that
is signed by a California Professional Geologist. The report shall include recommendations
based upon the findings for additional investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor
extraction, or in situ bioremediation).
c. During earthwork activities, appropriate procedures shall be incorporated in the event that
NOA is detected in soil or bedrock beneath the project site. These procedures shall be followed
to eliminate or minimize construction worker or general public exposure to potential
contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover
excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and
segregation of contaminated soil from uncontaminated soil. The applicable regulations
associated with excavation, removal, transportation, and disposal of contaminated soil shall be
followed (e.g., tarping of trucks and waste manifesting). These procedures may be subject to
San Luis Obispo APCD requirements under the California ARB ATCM for Construction,
Grading, Quarrying, and Surface Mining Operations.
Hydrology and Water Quality Mitigation
HWQ-1(a). Stormwater Pollution Prevention Plan. All required actions shall be implemented
pursuant to a SWPPP and SWMP to be prepared by the project applicant and submitted by the
City to the Regional Water Quality Control Board under the NPDES Phase II program. At a
minimum, the SWPPP/SWMP shall including the following BMPs:
Resolution No. 10822 (2017 Series) Page 17
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The use of sandbags, straw bales, and temporary de-silting basins during project grading and
construction during the rainy season to prevent discharge of sediment-laden runoff into
stormwater facilities;
Revegetation as soon as practicable after completion of grading to reduce sediment transport
during storms;
Installation of straw bales, wattles, or silt fencing at the base of bare slopes before the onset of
the rainy season (October 15th through April 15th);
Installation of straw bales, wattles, or silt fencing at the project perimeter and in front of storm
drains before the onset of the rainy season (October 15th through April 15th); and/or
Alternative BMPs as approved by the RWQCB as part of the SWPPP submittal.
HWQ-1(b). Berms and Basins. As specified in the SWPPP, the applicant shall be required to
manage and control runoff by constructing temporary berms, sediment basins, runoff diversions,
or alternative BMP’s as approved by the RWQCB as part of the SWPPP submittal, in order to
avoid unnecessary siltation into local streams during construction activities where grading and
construction shall occur in the vicinity of such streams.
Berms and basins shall be constructed when grading commences and be periodically inspected
and maintained. The project applicant shall sufficiently document, to the CCRWQCB
satisfaction, the proper installation of such berms and basins during grading.
HWQ-1(c). Concept Grading Plan and Master Drainage Plan. As specified in the SWPPP
and the City’s Floodplain Management Regulations, the applicant shall be required to submit a
Grading Plan and Master Drainage Plan to the Planning Division and City Public Works Director
for approval prior to approval of the VTTM. The grading and drainage plans shall be designed to
minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with
the project’s SWPPP. The plans shall include the following:
a. Graded areas shall be revegetated with deep-rooted, native, non-invasive drought tolerant
species to minimize slope failure and erosion potential. Geotextile fabrics shall be used if
necessary to hold slope soils until vegetation is established;
b.Temporary storage of construction equipment shall be limited to a minimum of 100 feet away
from drainages on the project site; and
c. Erosion control structures shall be installed.
d.Demonstrate peak flows and runoff for each phase of construction.
e. Be coordinated with habitat restoration efforts, including measures to minimize removal of
riparian and wetland habitats and trees (Mitigation Measures BIO-2[a] and BIO-2[b]).
Grading and drainage plans shall be submitted for review and approval by the Planning Division.
The applicant shall ensure installation of erosion control structures prior to beginning of
construction of any structures, subject to review and approval by the City.
HWQ-3(a). Stormwater Quality Treatment Controls. BMP devices shall be incorporated into
the stormwater quality system depicted in the Master Drainage Plan (refer to Mitigation Measure
HWQ-1[c]). The final design of the stormwater quality system shall be reviewed and approved
by the City. The Master Drainage Plan shall contain the following relevant BMPs:
Vegetated bioswales to reduce sediment and particulate forms of metals and other pollutants
along corridors of planted grasses.
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Vegetated buffer strips to reduce sediment and particulate forms of metals and nutrients.
HWQ-3(b). Stormwater BMP Maintenance Manual. The project applicant shall prepare a
development maintenance manual for the stormwater quality system BMPs (refer to Mitigation
Measure HWQ-3[a]). The maintenance manual shall include detailed procedures for maintenance
and operations of all stormwater facilities to ensure long-term operation and maintenance of post-
construction stormwater controls. The maintenance manual shall require that stormwater BMP
devices be inspected, cleaned, and maintained in accordance with the manufacturer’s maintenance
specifications. The manual shall require that devices be cleaned prior to the onset of the rainy
season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The
manual shall also require that all devices be checked after major storm events.
HWQ-3(c). Stormwater BMP Semi-Annual Maintenance Report. The property manager(s)
or acceptable maintenance organization shall submit to the City of San Luis Obispo Public Works
Department a detailed report prepared by a licensed Civil Engineer addressing the condition of
all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-
annual basis (October 15th and May 15th of each year). The requirement for maintenance and
report submittal shall be recorded against the property.
HWQ-4. Conditional Letter of Map Revision/Letter of Map Revision. The applicant, in
conjunction with the City of San Luis Obispo, shall prepare the CLOMR application and obtain
a LOMR from FEMA.
Noise Mitigation
N-1(a). Construction Vehicle Travel Route. Construction vehicles and haul trucks shall utilize
roadways which avoid residential neighborhoods and sensitive receptors where possible. The
applicant shall submit a proposed construction vehicle and hauling route for City review and
approval prior to grading/building permit issuance. The approved construction vehicle and
hauling route shall be used for soil hauling trips prior to construction as well as for the duration
of construction.
N-1(b). Construction Activity Timing. Except for emergency repair of public service utilities,
or where an exception is issued by the Community Development Department, no operation of
tools or equipment used in construction, drilling, repair, alteration, or demolition work shall occur
daily between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after
sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single family
residential, 80 dBA for multi-family residential, and 85 dBA for mixed residential/commercial
land uses across a residential or commercial property line.
N-1(c). Construction Equipment Best Management Practices (BMPs). For all construction
activity at the project site, noise attenuation techniques shall be employed to ensure that noise
levels are maintained within levels allowed by the City of San Luis Obispo Municipal Code, Title
9, Chapter 9.12 (Noise Control). Such techniques shall include:
Sound blankets on noise-generating equipment.
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Stationary construction equipment that generates noise levels above 65 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating of how
well noise barriers attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and shall be equipped with
factory-recommended mufflers.
For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be installed
prior to construction and remain in the designated location throughout construction activities.
Electrical power shall be used to power air compressors and similar power tools.
The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 AM
and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall occur on
Sundays or official holidays (e.g., Thanksgiving, Labor Day).
Temporary sound barriers shall be constructed between construction sites and affected uses.
N-1(d). Neighboring Property Owner Notification and Construction Noise Complaints. The
contractor shall inform residents and business operators at properties within 300feet of the project
site of proposed construction timelines and noise complaint procedures to minimize potential
annoyance related to construction noise. Proof of mailing the notices shall be provided to the
Community Development Department before the City issues a zoning clearance. Signs shall be
in place before beginning of and throughout grading and construction activities. Noise-related
complaints shall be directed to the City’s Community Development Department.
N-4(a). HVAC Equipment. Retail HVAC equipment shall be shielded and located on building
rooftops, or a minimum of 100 feet from the nearest residential property line.
N-4(b). Parking Lot/Loading Dock Orientation and Noise Barrier. If parking areas or loading
docks would be located within 250 feet of the residential properties to the west, a masonry noise
barrier shall be installed along the eastern boundary of the proposed residences adjacent to the
commercial land use area on the eastern portion of the project site. The noise barrier shall be
constructed of any masonry material with a surface density of at least three pounds per square
foot, and shall have no openings or gaps.
N-5(a). Interior Noise Reduction. The project applicant shall implement the following
measures, or similar combination of measures, which demonstrate that interior noise levels in
proposed residences adjacent to Froom Ranch Way and Madonna Road, hotel, and offices would
be reduced below the City’s 45 dBA CNEL interior noise standard. The required interior noise
reduction shall be achieved through a combination of standard interior noise reduction techniques,
which may include (but are not limited to):
In order for windows and doors to remain closed, mechanical ventilation such as air
conditioning shall be provided for all units (Passive ventilation may be provided, if mechanical
ventilation is not necessary to achieve interior noise standards, as demonstrated by a qualified
acoustical consultant).
All exterior walls shall be constructed with a minimum STC rating of 50, consisting of
construction of 2 inch by 4 inch wood studs with one layer of 5/8 inch Type “X” gypsum board
on each side of resilient channels on 24 inch centers and 3 ½ inch fiberglass insulation.
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All windows and glass doors shall be rated STC 39 or higher such that the noise reduction
provided will satisfy the interior noise standard of 45 dBA CNEL.
An acoustical test report of all the sound-rated windows and doors shall be provided to the City
for review by a qualified acoustical consultant to ensure that the selected windows and doors
in combination with wall assemblies would reduce interior noise levels sufficiently to meet the
City’s interior noise standard.
All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall have
at least two 90 degree turns in the duct.
All windows and doors shall be installed in an acoustically-effective manner. Sliding window
panels shall form an air-tight seal when in the closed position and the window frames shall be
caulked to the wall opening around the perimeter with a non-hardening caulking compound to
prevent sound infiltration. Exterior doors shall seal air-tight around the full perimeter when in
the closed position.
The applicant shall submit a report to the Community Development Department by a qualified
acoustical consultant certifying that the specific interior noise reduction techniques included
in residential, hotel, and office components of the project would achieve interior noise levels
that would not exceed 45 dBA CNEL.
N-5(b). Residential Outdoor Activity Area Noise Attenuation. Outdoor activity areas (e.g.,
patios and hotel pool areas) associated with shared multifamily residential recreational spaces,
hotel, commercial, and office uses shall be protected from sound intrusion so that they meet the
City’s exterior standard of 60 dBA CNEL. Outdoor activity areas shall be oriented away from
traffic noise such that intervening buildings reduce traffic noise or shall include noise barriers
capable of reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall
be located a minimum of 500 feet from the U.S. 101 right-of-way. Noise barriers may be
constructed of a material such as tempered glass, acrylic glass, or masonry material with a surface
density of at least three pounds per square foot, and shall have no openings or gaps. The applicant
shall submit a report to the Community Development Department by a qualified acoustic
consultant certifying that the specific outdoor noise reduction techniques in combination with the
orientation of outdoor activity areas of shared multifamily residential recreational spaces, hotel,
commercial, and offices would achieve exterior noise levels that would not exceed 60 dBA
CNEL.
N-5(c). Froom Ranch Way Noise Barrier. A masonry noise barrier or alternative barrier, such
as a landscaped berm, shall be installed along the southern property line of residential lots that
abut Froom Ranch Way to protect outdoor activity areas (patios and pools) at these residences
from sound intrusion from traffic along Froom Ranch Way. The noise barrier or berm shall
provide, at minimum, a 6 foot high barrier between Froom Ranch Way and the neighboring
residences from the final grade of whichever use (i.e., Froom Ranch Way or residences) has a
higher final elevation. If a masonry noise barrier is implemented, the noise barrier shall be
constructed of any masonry material with a surface density of at least three pounds per square
foot, and shall have no openings or gaps. If an alternative material is used, the developer shall
submit a report to the Community Development Department by a qualified acoustical consultant
certifying that the specific exterior noise reduction techniques included would achieve exterior
noise levels that would not exceed 60 dBA CNEL.
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N-5(d). U.S. Highway 101 Noise Barrier at Hotel. If the hotel includes an outdoor activity area
such as a patio or pool) a masonry noise barrier or alternative barrier, such as berms, landscaping,
or glass, must be installed along the eastern property line of the hotel where it abuts the U.S. 101
right of way to protect these outdoor activity areas from sound intrusion from traffic along U.S.
101. If a masonry noise barrier is implemented, the noise barrier shall provide, at minimum, an 8
foot high barrier between U.S. 101 and the hotel from the final grade of whichever use (i.e., U.S.
101 or hotel) has a higher final elevation. Such a noise barrier shall be constructed of any masonry
material with a surface density of at least three pounds per square foot, and shall have no openings
or gaps. If an alternative material is used, the developer shall submit a report to the Community
Development Department by a qualified acoustical consultant demonstrating that the specific
exterior noise reduction techniques included in the hotel component of the project would achieve
exterior noise levels that would not exceed 60 dBA CNEL.
Recreation Mitigation
REC-1. Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in
accordance with the City’s parkland in-lieu fee program for the parkland shortage. The project’s
specific fee shall be determined by the City at the time of project approval, after accounting for
parkland provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from
the project shall be directed to new projects or improvements to existing parks and recreation
facilities within the City of San Luis Obispo parks system.
Transportation Mitigation
T-1(a). Intersection #1: Madonna Road & Los Osos Valley Road.
City optimize signal timing to accommodate increased project volumes (ongoing)
T-1(b). Intersection #3: Madonna Road & Dalidio Drive/Prado Road.
Extend existing westbound left turn lane on Madonna Road to Dalidio Drive/Prado Road to
310’ (Phase 1)
Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio Drive/Prado Road
Phase 1)
Install eastbound 250’ right turn pocket on Madonna Road to DalidioDrive/Prado Road (Phase
1)
Install 2nd northbound left shared with through-lane on Prado Road/DalidioDrive to Madonna
Road (Phase 1)
Prohibit westbound U-turns on Madonna Road (Phase 1)
Provide split phase operations & optimize signal timing (Phase 1)
T-1(c). Intersection #5: Madonna Road & U.S. 101 Southbound Ramps.
Construct Prado Road Overpass (Overpass-Only, Phase 2)
T-1(d). Intersection #8: Higuera Street & South Street.
Optimize Signal Timing
T-1(e) . Intersection #9: Los Osos Valley Road & Froom Ranch Way.
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Install dedicated 230’ right turn lane on northbound Froom Ranch Way approach to Los Osos
Valley Road (with Froom Ranch Way bridge construction)
Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road
to 110’ (with Froom Ranch Way bridge construction)
Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos
Valley Road (with Froom Ranch Way bridge construction)
T-1(f). Intersection #10: Los Osos Valley Road & Auto Park Way.
Signalization (Phase 1)
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-1(g). Intersection #16: S. Higuera Street & Tank Farm Road.
Construct Prado Road Overpass (Overpass Only Phase 2)
Extend northbound right turn pocket to 230’ and channelize movement (Phase 1)
T-1(h). Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way.
Install multilane roundabout control (when connection is constructed)
T-1(i). Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway.
Install multilane roundabout control or restricted access (when connection is constructed)
T-2(a). Intersection #1: Madonna Road & Los Osos Valley Road.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(b). Intersection #2: Madonna Road & Oceanaire Drive.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(c). Intersection #5: Madonna Road & U.S. 101 S.B Ramps.
Extend northbound Madonna Road left turn lane to 150’ (Phase 1)
T-2(d). Intersection #6: Madonna Road & U.S. 101 Northbound Ramps.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(e) . Intersection #7: Madonna Road & Higuera Street.
Construct Prado Road Overpass (Overpass Plus U.S. 101 northbound ramps, Phase 2)
T-2(f). Intersection #9: Los Osos Valley Road & Froom Ranch Way.
Install dedicated 230’ right turn lane on Los Osos Valley Road approach to northbound Froom
Ranch Way (with Froom Ranch Way bridge construction)
Extend right turn lane on Los Osos Valley Road approach to southbound Froom Ranch Way
to 110’ (with Froom Ranch Way Bridge construction)
Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos
Valley Road (with Froom Ranch Way bridge construction)
T-2(g). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
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Extend off-ramp left turn pocket to 320’ (Phase 1)
T-2(h). Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps.
Construct Prado Road Overpass (Overpass Only, Phase 2)
T-2(i). Intersection #14: Los Osos Valley Road & Higuera Street.
Extend eastbound right turn lane to 180’ (Phase 1)
T-2(j). Intersection #18: Prado Road & Higuera Street
Install 2nd U.S. 101 northbound left turn lane (Phase 1)
Extend westbound right turn pocket to 400’ (Phase 1)
T-3(a). Segments #1 - #6: Madonna Road (Los Osos Valley Road to Higuera Street)
Construct Prado Road Overpass (Overpass Only, Phase 2)
Fund assessment of decreasing transit headways to 25 min
Construct parallel Class I multiuse paths or bike boulevard (Phase 1)
T-3(b). Segments #7 - #8: Higuera Street (Madonna Road to Prado Road)
Construct Prado Road Overpass (Overpass and U.S. 101 northbound ramps, Phase 2)
Construct parallel Class I multiuse paths or bike boulevard (Phase 1)
T-3(c) . Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera Street)
Construct Prado Road Overpass (Overpass and U.S. 101 northbound ramps, Phase 2)
Construct parallel Class I multiuse paths or bike boulevard (Phase 3)
T-3(d). Segments #18 - # 20: Dalidio Drive/Prado Road (Froom Ranch Way to Higuera
Street)
Construct parallel Class I multiuse paths or bike boulevard ( when Prado Road is
constructed/improved)
T-4. Construction Traffic Management Plan. Prior to construction, a traffic management plan
shall be prepared for review and approval by the City of San Luis Obispo Public Works
Department. The traffic management plan shall be based on the type of roadway traffic conditions,
duration of construction, physical constraints, nearness of the work zone to traffic and other
facilities (bicycle, pedestrian, driveway access, etc.). The traffic management plan shall include:
Advertisement. The project developer shall prepare an advertisement campaign informing the
public of the proposed construction activities. Advertisements shall occur prior to beginning
work and periodically during the course of the project construction. The advertising shall
include notification of changes to bus schedules and potential changes to bus stop locations,
potential impacts during school drop-off and pick-up times, and major intersections that may
be impacted during construction.
Property Access. Access to parcels along the construction area shall be maintained to the
greatest extent feasible. Affected property owners shall receive advance notice of work
adjacent to their property access and when driveways would be potentially closed.
Schools. Any construction adjacent to schools shall ensure that access is maintained for
vehicles, pedestrians, and bicyclists, particularly at the beginning and end of the school day.
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Buses, Bicycles, and Pedestrians. The work zone shall provide for passage by buses, bicyclists,
and pedestrians, particularly in the vicinity of schools.
Intersections. Traffic control (i.e., use of flag persons) shall be used at intersections that are
determined to be unacceptably congested due to construction traffic.
T-5. Froom Ranch Way Bridge Phasing. The Froom Ranch Way bridge connection shall be
completed prior to occupancy of Phase 1 of the Specific Plan buildout.
T-6. Project Site Intersection Roundabout Control. New roadway intersections within the
Specific Plan Area shall be controlled using roundabout design, unless the City Public Works
Department determines that roundabout control is infeasible.
T-7. Traffic Calming Features. New roadway intersections along San Luis Ranch Road shall
include neighborhood traffic circles at key intersections, and traffic-calming features, such as
diverters, along longer uninterrupted segments.
T-8(a). Intersection #3: Madonna Road & Dalidio Drive/Prado Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[b])
T-8(b). Intersection #9: Los Osos Valley Road & Froom Ranch Way
Existing & Near-Term Plus Project Mitigation ( Mitigation Measure T-1[e]/Mitigation
Measure T-2[f])
T-8(c). Intersection #10: Los Osos Valley Road & Auto Park Way
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[f])
T-8(d). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-8(e). Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-8(f). Intersection #14: Los Osos Valley Road & S. Higuera Street
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-8(g). Intersection #16: S. Higuera Street & Tank Farm Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[f])
T-9(a). Intersection #1: Madonna Road & Los Osos Valley Road
Extend northbound right turn pocket on Los Osos Valley Road to 295’
Extend southbound left turn pocket on Madonna Road to 395’
T-9(b). Intersection #2: Madonna Road & Oceanaire Drive
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[b])
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Extend westbound right turn land on Madonna Road to 200’
T-9(c). Intersection #3: Madonna Road & Dalidio Drive
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[b])
T-9(d). Intersection #4: Madonna Road & El Mercado
Existing & Near-Term Plus Project Mitigation (Mitigation Measures T-1[b])
T-9(e). Intersection #5: Madonna Road & U.S. 101 Southbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(f). Intersection #6: Madonna Road & U.S. 101 Northbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(g). Intersection #8: Higuera Street & South Street
Extend northbound Higuera Street left turn pocket to 120’
Extend eastbound South Street right turn pocket to 100’
T-9(h). Intersection #9: Los Osos Valley Road & Froom Ranch Way
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[d]/Mitigation
Measure T-2[f])
T-9(i). Intersection #11: Los Osos Valley Road & Calle Joaquin
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(j). Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(k). Intersection #14: Los Osos Valley Road & S. Higuera Street
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-9(l). Intersection #16: S. Higuera Street & Tank Farm Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-1[g])
T-9(m). Intersection #18: Higuera Street & Prado Road
Existing & Near-Term Plus Project Mitigation (Mitigation Measure T-2[j])
T-10(a). Segments #1 - #6: Madonna Road (Higuera Street to Los Osos Valley Road)
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-10(b). Segments #15 - #16: Los Osos Valley Road (Calle Joaquin to U.S. 101 Northbound
Ramps)
Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
T-10(c). Segment #24: Prado Road/Dalidio Drive (Project Driveway to Froom Ranch Way).
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Construct Prado Road Overpass (Overpass with U.S. 101 northbound and southbound ramps)
Other Required Mitigation from the Initial Study
GEO-1. Earthquake and Ground Acceleration Design and Construction Measures. Design
and construction of the buildings, roadway infrastructure and all subgrades shall be specifically
proportioned to resist Design Earthquake Ground Motions (Design amax) of SD1=0.481 and
SDS=0.832 and engineered to withstand Maximum Considered Earthquake (MCE) peak ground
acceleration (PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project
GeoSolutions, Inc., 2015). The design should take into consideration the soil type, potential for
liquefaction, and the most current and applicable seismic attenuation methods that are available.
GEO-2. Operational Seismic Safety Requirement. For retail stores included in the project,
goods for sale may be stacked no higher than 8 feet from the floor in any area where customers
are present, unless provisions are made to prevent the goods from falling during an earthquake of
up to 7.5 magnitude. The stacking or restraint methods shall be reviewed and approved by the
City before approval of occupancy permits, and shall be a standing condition of occupancy.
GEO-3. Geotechnical Design. The project plans and specifications shallinclude the geotechnical
recommendations included in the Soils Engineering Report, prepared by GeoSolutions, Inc. on
May 29, 2015. Recommendations therein that shall be incorporated into the final project building
plans include specification for the following components of development preparation and design:
Building Pad Preparation
Paved Areas Preparation
Pavement Design
Interlocking Concrete Pavers
Conventional Foundations
Post-Tensioned Slabs
Slab-On-Grade Construction
Retaining Walls
Exterior Concrete Flatwork
SECTION 2. Specific Plan, General Plan Amendment/Pre-Zoning, and Development
Plan/Vesting Tentative Tract MapApproval with Findings & Conditions. The City Council
does hereby approve application SPEC/ANNX/ER-1502-2015, a Specific Plan, General Plan
Amendment/Pre-Zoning, and Development Plan/Vesting Tentative Tract Map (VTM #3096), to
allow up to 580 dwelling units, including an 80-unit density bonus consistent with City
requirements, based on the following findings, and subject to the following conditions being
incorporated into the Vesting Tentative Tract Map:
Findings:
1. The project area was identified as one of three Specific Plan areas designated for
development when the General Plan Land Use and Circulation Elements update were
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adopted by the City Council in December 2014. The San Luis Ranch Specific Plan was
prepared to implement this aspect of the General Plan.
2. The San Luis Ranch Specific Plan is consistent with policy direction for the area included in
the General Plan, specifically Land Use Element Policy 8.1.4, which identifies the San Luis
Ranch area as a Special Focus Area (SP-2), subject to policies for the development of a
specific plan and certain broad development parameters and principles. The Specific Plan is
also consistent with all other applicable General Plan policies, as described and analyzed in
Section 6.0 of the May 24, 2017, staff report to the Planning Commission for this project,
and as discussed further within the Final EIR.
3. The General Plan Amendment/Pre-Zoning allows the implementation of the San Luis Ranch
Specific Plan by:
Updating the City’s Land Use Map to reflect the development pattern included in the
Specific Plan;
Updating the City’s Circulation Map to reflect the circulation system included in the
Specific Plan;
Updating the relevant portions of the General Plan to update statistical data related to
land use acreage and long-term buildout potential; and
Providing the pre-zoning information needed for LAFCo to consider annexation of the
site to the City, which is a prerequisite for allowing development on the site under the
City’s General Plan.
4. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General
Plan because it is consistent with the San Luis Ranch Specific Plan, it respects existing
environmental site constraints, will add to the City’s residential housing inventory, allow for
appropriate non-residential development, and provides needed infrastructure and roadway
improvements identified in the City’s General Plan.
5. The Specific Plan project was reviewed by various City advisory bodies, including the
Architectural Review Commission, Bicycle Advisory Committee, Parks and Recreation
Commission, and Cultural Heritage Committee, and incorporates input consistent with their
direction.
6. The Airport Land Use Commission found the Specific Plan project as proposed to be
consistent with the Airport Land Use Plan.
7. Development will occur consistent with the Vesting Tentative Tract Map and the required
architectural review process, which will allow for detailed review of development plans to
assure compliance with City plans, policies, and standards.
8. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is consistent
with the pattern of development prescribed in the San Luis Ranch Specific Plan.
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9. The proposed project will provide affordable housing consistent with the intent of
California Government Code §65915, and in compliance with City policies and the
Housing Element.
10. The Tentative Map, as conditioned, will comply with all environmental mitigation
measures prescribed herein, and therefore is consistent with the California Environmental
Quality Act, as implemented through the San Luis Ranch Final EIR.
Planning Commission Recommended Modifications to the Specific Plan
1. Madonna Road - Safe Pedestrian Crossing. Explore ways to improve pedestrian
access and safety related to crossing Madonna Road near Oceanaire Drive, particularly
to improve access to Laguna Lake Park.
2. Froom Ranch Way Safety. Address ways to slow vehicular speeds on Froom Ranch
Way, especially in the context of improving bike safety.
3. Net ZeroCarbon Policy. Explore ways to promote a Net Zero Carbon concept in new
development, probably most effectively addressed as a Specific Plan policy that allows
some degree of flexibility.
4. Electric Vehicle (EV) Charging Stations. Modify the Specific Plan to require that
garages are “EV-ready” to allow for installation of EV charging stations, without
actually requiring the EV stations to be installed as part of development. Also consider
allowing for EV stations adjacent to apartment buildings in higher density portions of
the project.
5. Zero Lot Line. Allow for the flexibility to include more zero lot line development, as
a means of creating more usable outdoor area within the small lots. Incorporate zero
lot line concept with flexibility if possible.
6. Promoting a “Sense of Place”. Consistent with Architectural Review Commission
direction, clarify graphics in the Specific Plan to better show how new development
can create a “sense of place” through the placement of buildings and nearby outdoor
usable public areas.
7. Commercial/Residential Buffer. Use text and graphics in the Specific Plan to clarify
how buffer areas between residential and commercial areas can be effectively
addressed to minimize land use conflicts.
8. Great Blue Heron Mitigation. Clarify how proposed FEIR Mitigation Measure BIO-
1(f), which addresses potential impacts to great blue heron habitat, can be effectively
implemented through the Specific Plan.
9. Tie Fees to Modal Split Goals. Clarify in the Specific Plan that transportation fees
should be tied to the attainment of modal split goals.
Other Modifications to the Specific Plan to Ensure Consistency with the Final EIR and
Map
10. Add a roadway classification map that is consistent with the General Plan;
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11. Add a bicycle classification map that is consistent with General Plan and Bicycle
Transportation Plan;
12. Expand Section 6.5 Neighborhood Traffic Management to be consistent with the
findings of the Final EIR;
13. Revise Section 6.6 Street Network & Standards such that street classifications and
cross sections are consistent with general plan policy, City standards, and the vesting
tentative map;
14. Revise Section 6.7 Summary of Supportive Interface with Adjacent Street and
Path to include all relevant connections and improvements consistent with the findings
and mitigations identified in the Final EIR;
15. Revise Section 7.4 Utilities and Streets such that discussion regarding the
Dalidio/Prado Connection and Froom Ranch Way Connection is consistent with the
findings and mitigation identified in the Final EIR;
16. Revise Sections 7.6 Performance Triggers & 7.7 Phasing Strategy into a single
comprehensive infrastructure improvements section listing all of the applicant
proposed infrastructure improvements in addition to the primary onsite infrastructure
improvements identified as mitigation in the Final EIR along with phasing and
establishment of which party is responsible for implementation;
17. Revise Section 7.8 Financing Strategy – Required Facilities to reflect the project
description evaluated in the EIR, to include all of the improvement projects and their
actual triggers as established in the EIR, to update construction estimates and impact
fees, and to be consistent with the draft development agreement;
18. Revise Section 8 Implementation to add policies requiring sequential construction of
the project consistent with the project description evaluated in the Final EIR, policies
requiring participation in an infrastructure financing program, and policies regarding
the acquisition of ROW necessary for infrastructure;
19. Eliminate Section 8.2 San Luis Ranch Approval and Adoption due to redundancy
with other policies and processes;
20. Replace Table ES-1 in Appendix B of the Specific Plan with the Mitigation Monitoring
and Reporting Program as established in the Final EIR; and
21. Update Tables 7-14 and 7-15, which address improvement projects cost allocation and
estimated project impact fees, based on the outcome of ongoing Development
Agreement negotiations between the City and applicant. The phasing and
infrastructure costing Tables in Chapter 7 of the Specific Plan shall be updated with
accurate infrastructure costs, fair share calculations, and phasing information following
a detailed financial analysis to be prepared for the Development Agreement. These
tables shall be updated prior to final approval of the Development Agreement. A
specific plan amendment shall not be required to update table information in the
document.
Vesting Tentative Tract Map Conditions:
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Fire
1. A second point of fire department access to the multi-family portion of the development
shall be provided in accordance with the General Plan Safety Element and Fire Code
Appendix D. The second access road may be for Emergency Vehicles only, shall be at
least 20 feet of drivable surface in width, be designed to support 73,000 lbs, and be
accessible from either side by an automatic opening gate compatible with emergency
preemption equipment. The second point of access shall be at least one half the diagonal
distance of the area served separated from the main access point in accordance with the
Safety Element and Fire Code Access Provisions or as approved by the Fire Chief.
Access roads parallel to project buildings of 3 stories in height or more shall have an
unobstructed width of 26 feet.
2. The project shall provide a minimum of two points of access to the subdivision from
an existing public way wherever there are more than 30 housing units. Emergency
Vehicle Access points may be accepted in lieu of full access.
3. All streets that are less than 28 feet in width shall be posted “No Parking – Fire
Lane” on both sides. Streets less than 36 feet in width shall be posted on one side only.
4. The project shall provide water mains and city-standard fire hydrants to provide a
minimum needed fire flow of 1500 GPM for 2 hours to within 300 feet of the exterior
walls of all proposed structures. Fire hydrant spacing shall not exceed 500 feet.
Transportation
5. Unless a design exception is approved by the Public Works Director, the final map shall
conform to City adopted Engineering Standards, Engineering Specifications, Policies,
and Plans.
6. Project construction and infrastructure shall be completed in the sequential phase order
as evaluated in the San Luis Ranch Final EIR, or as agreed to between the City and
Developer. If phasing is modified amendments to the Specific Plan and EIR maybe
required.
7. Prado Road Interchange. As part of, or prior to, recordation of the final map the
subdivider shall submit an irrevocable offer to dedicate to the City property necessary
to construct the Prado Road Overcrossing and Southbound U.S. 101 Ramps
Improvements (“the Improvements”), and all appurtenances to the satisfaction of the
Public Works Director.
a. Approval of this map is contingent upon the effectiveness of an ordinance approving
a development agreement for the project providing mechanism(s) to fund construction
and maintenance of the Improvements (“Funding Mechanism”).
b. The Development Agreement required by condition 6(a) shall waive the rights of
the applicant, and any future successors in interest to the applicant in the property to
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oppose establishment of one or more Funding Mechanisms described in the
Development Agreement or the imposing of any tax, assessment, fee or charge with
respect to such a Funding Mechanism. In the event that voters or property owners
dissolve a Funding Mechanism, a Homeowners Association will be obliged to fund any
and all costs for infrastructure and/or services that the Funding Mechanism would
otherwise have funded. CC&Rs establishing such a Homeowners Association shall be
submitted for the reasonable approval of the City Attorney and recorded before any
building permit may issue for the improvement of the Project.
c. Overcrossing and NB Ramp Improvements Fee Payment. The Funding Mechanism
identified in 7(b), shall be adopted before occupancy of Phase 2. The subdivider shall
pay its fair share mitigation fees for the Prado Rd. Overcrossing and Northbound U.S.
101 Ramps Improvements prior to the issuance of a building permit for Phase 2.
d. SB Ramp Improvements Fee Payments. Fair share fees, for remainder of
Improvements, not included in the initial Interchange construction, (future South
Bound Ramps of the Prado Rd. Interchange and all appurtenances) shall be collected
at the time of issuance of each individual building permit for each phase.
8. Madonna & Dalidio/Prado Widening of the Madonna & Dalidio/Prado intersection
per Table 4.12-1 #2 of the San Luis Ranch EIR, Class I path on the South side, and ADA
ramp upgrades on all corners shall be constructed by the subdivider prior to issuance of
building permits. Deferral of the Class I path to “Future by others” as shown in the
proposed vestingtentative map is not approved, this improvementshall be required prior
to issuance of building permits for Phase 1. Prior to recordation of the final map the
applicant shall complete the design of these improvements and exhaust all feasible
efforts to acquire the necessary off-site dedications, easements, and agreements for
construction, all to the satisfaction of the Public Works Director.
a. Madonna Road Travel Lanes shall be a minimum of 11’ with a minimum 2’ median
or wider as necessary if pedestrian refuge is required adjacent to the left turn pockets.
Where ROW is limited widening should be accommodated on the park side.
b. Please refer to Engineering Development Review condition on dedications and
easements. If the Developer cannot acquire the necessary interests in land to
implement this mitigation measure, the Public Works Director may authorize the
Developer in writing to mitigate to the greatest extent feasible within right-of-way,
dedication areas, and easements under the control of the Subdivider and/or City.
Alternative measures shall be established with recordation of the final map.
9. Enhanced Madonna Pedestrian/Bicycle Crossings. Unless otherwise approved by
the Public Works Director; prior to issuance of building permits for phase 1 the
subdivider shall upgrade the pedestrian crossing at Madonna and Oceanaire to include
curb extensions and a pedestrian refuge island with push button signal activation. Space
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for Curb extensions and refuge island should be accommodated by removing frontage
street parking.
Unless otherwise approved by the Public Works Director; prior to issuance of building
permits for Phase 3 the subdivider shall construct a “hawk” pedestrian signal and
crossing at the intersection of Dogwood and Madonna interconnected with the adjacent
traffic signals.
10. Dalidio/Prado & Froom a multilane roundabout shall be constructed by the subdivider
at the intersection of Dalidio/Prado & Froom Ranch Way prior to the issuance of
building permits. An interim single lane roundabout is permitted prior to issuance of
building permits for Phase 2. Prior to recordation of the final map the applicant shall
complete the design of the multilane roundabout and exhaust all feasible efforts to
acquire the necessary off-site dedications, easements, and agreements for construction
all to the satisfaction of the Public Works Director. If the Developer cannot acquire the
necessary land interests to implement this mitigation measure, the Public Works
Director may authorize the Developer in writing to modify the alignment and design of
the roundabout such that off-site property interests are not necessary. The Final map
shall reflect lot adjustments resulting from final roundabout design.
Interim all-way stop control as shown in the proposed vesting tentative map or
signalization is not approved.
11. Los Osos Valley Road & SB 101 Ramp Extension of the LOVR & SB 101 off ramp
left turn lane to 320’ shall be constructed by the applicant prior to issuance of building
permits. The construction of this improvement shall be coordinated with CalTrans and
the City.
12. Madonna Bike Path A protected bike facility alongMadonna Road shall be constructed
within the existing right-of-way between El Mercado & Hwy 101 SB Ramps and
between the existing bike trail termini and the intersection of Oceanaire & Madonna
prior to issuance of building permits, unless otherwise deferred by the Community and
Public Works Department Directors. Prior to recordation of the final map the applicant
shall complete design.
a. Prior to issuance of building permits the subdivider shall upgrade the existing
pathway to Class I standards from El Mercado to its South Western Terminus, unless
otherwise deferred by the Community and Public Works Department Directors.
13. Froom Ranch Bridge The Froom Ranch – Prefumo Creek bridge shall be constructed
prior to issuance of building permits, unless otherwise deferred by the Community and
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Public Works Department Directors. The cross section of the bridge shall at a minimum
include: 12’ clear class I multi-use path, two 6.5’ bicycle lanes, and two 11’ travel lanes.
14. Froom Ranch Widening Design of Froom Ranch widening to its final cross section
from its existing northern terminus to the LOVR frontage road shall be completed prior
to issuance of building permits for Phase 1 unless otherwise deferred by the Community
and Public Works Department Directors. The cross section shall at a minimum include:
12’ class I multi-use path with two 2’ shoulders, two 6.5’ bicycle lanes, two 11’ travel
lanes and a 10’ landscaped median.
15. Froom Ranch Road Froom Ranch Road shall have a design speed of no more than 35
miles per hour and include buffered bicycle lanes. Adjustments to lots as a result of the
design shall be reflected with recordation of the final map.
16. Froom Ranch & Los Osos Valley Intersection. The Froom Ranch and Los Osos
Valley Road intersection shall be widened per San Luis Ranch EIR table 4.12-1 prior to
the issuance of building permits unless otherwise deferred by the Community and Public
Works Department Directors. Prior to recordation of the final map the applicant shall
complete the design of this improvement and exhaust all feasible efforts to acquire the
necessary off-site dedications, easements, and agreements for construction all to the
satisfaction of the Public Works Department.
a. Please refer to Engineering Development Review condition on dedications and
easements. If the Developer cannot acquire the necessary interests in land to
implement this mitigation measure, the Public Works Director may authorize the
Developer in writing to mitigate to the greatest extent feasible within right-of-way,
dedication areas, and easements under the control of the Subdivider and/or City.
Alternative measures shall be memorialized with recordation of the final map.
17. Bicycle Protection: The intersections of Madonna & Dalidio/Prado and LOVR &
Froom shall be designed as bicycle protected intersections per NACTO guidelines
unless otherwise determined to be infeasible by the City Engineer. If determined to be
infeasible, these intersections shall include some form of augmented bicycle treatment
such as green lanes and bike boxes.
18. Highway 101 Monitoring: The applicant shall fund monitoring of Hwy 101 mainline
merge, diverge, and weave level of service between Marsh & LOVR at occupancy of
100 units and again at occupancy of 200 units during phase 1 of the project. If deemed
necessary by the City and Caltrans, components of the Prado Road Interchange Project,
such as ramp metering or auxiliary lanes may be advanced.
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19. Prior to issuance of each individual building permit, the subdivider shall pay City wide
transportation impact fees. Crediting of fees for eligible expenses identified in the City’s
Transportation Fee Program is permitted.
20. Prior to beginning each phase, the subdivider shall pay its fair share mitigation costs
proportional to each phase for the intersection improvements as prescribed in the project
EIR (see Table 123 of Appendix L -Traffic Impact Study).
21. All access rights to Prado/Dalidio, Madonna Rd. and Froom Ranch Way shall be
dedicated to the City. All private access points along Dalidio/Prado shall be restricted
to right in & out, unless otherwise approved by the Public Works Director.
22. The final map shall be revised to include a standard “knuckle” design at the intersection
of San Luis Ranch Road and Haystack Place. The knuckle will include emergency
access and pedestrian and bicycle access to the proposed Ped/Bike Bridge and Phase 3.
23. Final map shall include a class I connection between Harvest Street and commercially
zoned property.
24. Final map shall include a trail connection between San Luis Ranch Road and the
commercially zoned lot either along the drainage channel or via Haystack Place and
between any two of parcels 293-296.
25. As part of final map the subdivider shall dedicate access easements for
pedestrian/bicycle connections including the Cul-De-Sacs to Froom Ranch Road, San
Luis Ranch Rd. Bridge, San Luis Ranch Rd. to the commercially zoned lot/Dalidio
Road, and Lot 216 & Legacy lane to open space and the central park.
26. As part of final map the subdivider shall exhaust all reasonable efforts to dedicate a 25’
access easement adjacent to the US 101 freeway frontage for maintenance purposes and
potential future trails.
27. Prior to recordation of the final map, design shall be completed for in-tract traffic
calming to the approval of the Public Works Director, per Final EIR Mitigation
Measures T-6 and T-7. The final map shall reflect lot adjustments resulting from
completed traffic calming design.
28. Parallel parking shall be prohibited on Froom Ranch Way.
29. The final map and improvement plans shall be adjusted to accommodate a channelized
right turn lane with median on the Dogwood approach to Madonna.
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Engineering Development Review
Dedications and Easements
30. Any easements including but not limited to provisions for all public and private
utilities, water wells, access, grading, drainage, agriculture / open space, slope banks,
construction, public and private streets/alleys, pedestrian and bicycle facilities,
common driveways, and maintenance of the same shall be shown on the final map
and/or shall be recorded separately prior to or concurrent with the recordation of the
map, unless a deferral is requested by the subdivider and granted by the City. Said
easements may be provided for in part or in total as blanket easements.
31. The final map and improvement plans shall show the extent of all on-site and known
off-site offers of dedication. Subdivision improvement plans and / or preliminary
designs may be required for any deferred improvements so that dedication limits can
be established. These improvements may include but are not limited to road
construction and widening, grading and drainage improvements, stormwater facilities,
utility easements, bridges, bike bridges, transit stops, bikeways, pedestrian paths,
signalized intersections, traffic circles, and roundabouts.
32. The subdivider shall dedicate a 10’ wide street tree easement and public utility
easement (P.U.E.) across the frontage of each residential lot. A 10’ wide street tree
easement and 15’ P.U.E. shall be provided across the frontage of each commercial or
multi-family lot unless reduced with the approval of the City and of PGE. Said
easements shall be adjacent to and contiguous with all public right-of-way lines
bordering each lot.
33. The subdivider shall include a separate offer of dedication for any offsite easements
located outside the tract boundary if needed for circulation, access, and/or utility
extensions. The developer shall include a separate offer of dedication for any
easements related to orderly development that could otherwise sunset with a map offer
only.
34. All private improvements shall be owned and maintained by the individual property
owners, a property owner association, or the Homeowner’s Association (HOA) as
applicable or by a Community Facilities District if specifically identified upon the
formation of the CFD. Private improvements may include but are not limited to
streets/alleys, parking lots, sidewalks, private pedestrian/bike paths, sewer
mains/laterals, water services, drainage systems, detention basin(s), street lighting,
landscape, landscape irrigation, common areas, pocket parks, and linear park
improvements.
35. All private stormwater treatment facilities shall be owned and maintained by the
Homeowners Association, Property Owner Association, property owner association,
and/or by individual property owners or by a Community Facilities District if
specifically identified upon the formation of the CFD. All stormdrain facilities shall be
private property unless the final map and subdivision improvement plans specifically
Resolution No. 10822 (2017 Series) Page 36
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designates them as offered to the City andthe City, in fact, accepts title and maintenance
responsibility for them. A separate encroachment agreement, in a form approved by
the City Attorney, shall be recorded for any private stormwater systems, piping, BMP’s,
and other components of such systems that are approved for location within the public
right-of-way.
36. A notice of requirements or other agreement acceptable to the City of San Luis Obispo
and the developer shall be recorded upon the City’s written request in conjunction with
the Final Map to clarify development restrictions, fee payments, conditions of
development, and references to any pertinentconditions of approval related to this map,
off-site requirements, and/or the interaction of this development to the future
development of lots 1, 2, and the commercial lots.
37. Park in-lieu fees shall be paid for each residential lot with recordation of the final map
creating that lot. The vacant multi-family lots may pay park fees at map recordation
based on an assumed build-out density or may defer to the time of development. If
payment is received with the map, any balance due based on a change in density shall
be paid prior building permit issuance for each unit in excess of those for which
payments were made with the map. Deferred payment will be subject to the fees in
effect at the time of re-subdivision or building permit application unless the fee payor
has a vested right to pay a lesser amount. If residential occupancies, including any care-
takers units, are proposed with the future development of the commercial lots, park in-
lieu fees will be required to be paid prior to building permit issuance.
a. As required by Land Use Element Policy 8.1.4, the San Luis Ranch project is
required to provide 5.8 acres of developed parkland. The project is providing 2.8
acres of developed parkland on site. Therefore, funding for 3.0 acres of developed
parkland is required for the project to offset its requirement. The following table
identifies the total amount of in-lieu fees necessary for the project to meet its full
park requirements. The final fee amounts are subject to change based on the final
acreage of developed parkland constructed across all phases of the project.
Resolution No. 10822 (2017 Series) Page 37
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Unit Type Parkland Cost
Per Unit1
Park
Improvement
Cost Per Unit2
In-Lieu Fee
Requirement (Total *
52%3)
Single Family (200
units)
5,839 $6,585 $1,292,096
Multi-Family (380
units)
4,630 $4,899 $1,882,930
Total = $3,175,026
1. Current City of San Luis Oibpso Parkland In-Lieu Fee Amount.
2. Most recent cost estimate for park improvement costs (Orcutt Area Neighborhood Park).
3. The in-lieu fee requirement calculated as the difference between the 2.8 acre
neighborhood park and the 5.8 acre policy minimum requirement for improved parkland.
38. Off-site dedication/acquisition of property for public right-of-way purposes may be
necessary to facilitate orderly development, anticipated build-out improvements,
and/or satisfaction of mitigation measures, conditions of approval, or compliance with
City Standards and policies. The subdivider shall exhaust all reasonable efforts and
diligently pursue acquisition of the necessary easement and/or right-of-way. For
purposes of this section 36, the term “reasonable efforts” shall include proof the
subdivider has made a commercially reasonable written offer to purchase the property
interest at a fair market value, in accordance with an appraisal conducted by an MAI
appraiser. In the event the subdivider is unable to acquire said rights-of-way, the City
Council may consider lending the subdivider its powers of condemnation to acquire the
off-site right-of-way dedication, including any necessary slope and drainage
easements. The subdivider shall pay all costs associated with such acquisition or
condemnation proceedings including but not limited to attorney’s fees, court costs,
expert witness fees, and jury awards of any kind. Without limiting the foregoing, the
subdivider shall indemnify, defend and hold City harmless from and against any and all
such claims, liabilities, causes of action of any kind, associated with City’s acquisition
of such real property interests.
39. With respect to all off-site improvements, prior to filing of the Final Map, the
subdivider shall either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring
the property required for the construction of such improvements and exercise its
power of eminent domain in accordance with Government Code Section 66462.5
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to do so, if necessary. Subdivider shall also enter into an agreement with the City
to pay all costs of such acquisition including, but not limited to, all costs associated
with condemnation. Said agreement shall be in a form acceptable to the City
Engineer and the City Attorney. If condemnation proceedings are required, the
subdivider shall submit, in a form acceptable to the City Engineer, the following
documents regarding the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge
in writing that they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appraised price.
v. Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated costs,
as determined by the City Attorney, of the condemnation proceedings. The City
does not and cannot guarantee that the necessary property rights can be acquired
or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed.
40. Transportation and Subdivision Improvements. Secondary access is required from all
portions and/or phases of the subdivision where more than 30 dwelling units are
proposed. The location and development of the proposed secondary access shall be
presented to the City for review and approval prior to the preparation of the related
improvement plans or final map approval. Any temporary or permanent emergency
access location, construction, and controls shall be in accordance with the Fire Code,
City Engineering Standards, and shall be approved to the satisfaction of the Fire
Department and Public Works Department.
41. Fire Department access shall be provided for each building construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide
suitable Fire Department hydrant access, circulation routes, passing lanes, and turn-
around areas in accordance with current City codes and standards.
42. All public streets shall conform to City Engineering Standards and the specific plan
including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved
by the City Engineer. Where conflicts occur between the City Engineering Standards
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and concepts identified in the specific plan and/or represented on the tentative map, the
City Engineer shall make the final determination of design approval and/or exceptions.
43. Final roadway alignment shall be consistent with the City Engineering Standards except
where the applicant has requested and been granted a formal exception. A request for
public street/gutter gradients of less than 1% has been approved. The applicant shall
propose final construction details, specifications, and minimum construction
tolerances/testing for review and approval by the City Engineer in support of the request.
The request shall be endorsed prior to submittal of complete public improvement plans.
44. The developer shall be responsible for the placement and the maintenance of parking
limitation signage to allow for periodic sweeping of the entire public street system. Said
signage maintenance shall be specified by the City Engineer and shall include, but need
not be limited to, damage, displacement, minimum reflectivity, and the reasonable
change of sweeping schedules.
45. Unless otherwise approved by the Community Development Director and City
Engineer, the final street and drainage system design shall include standard center
median planting/treatments along Dalidio Drive and Froom Ranch Way. The bio-
retention facilities proposed for the medians shall be relocated to the adjoining
commercial lots and agricultural open space. Any offset for the adjoining displaced
agricultural open space lands shall be approved by the Planning Division and Natural
Resources Manager.
46. Final street sections shall be approved in conjunction with the review and approval of
the final project drainage report. The final design shall consider drainage,
transitions, and accessibility.
47. Final traffic circle and roundabout geometry shall be consistent with applicable
engineering standards and design guidelines.
48. The developer shall record a Notice of Requirements with the map regarding the
designed and installed traffic calming devices and that the subdivision is not eligible
for a future Residential Parking District or Neighborhood Traffic Management program
processing.
49. The improvement plans shall include a line-of-sight analysis at applicable intersections
to the satisfaction of the Public Works Department. Fence heights and plantings in the
areas of control shall be reviewed in conjunction with the analysis. A separate recorded
agreement or Notice of Requirements for private property owner or HOA maintenance
of sight lines may be required as a condition of the City Engineer’s approval of the
improvement plans.
50. The subdivision improvement plans shall include full on-site and any off-site public
and private frontage improvements as required. The plans shall comply with the City
Engineering Standards, Bike Plan, Community Design Guidelines, Cal Trans Highway
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Design Manual, and City policies.
51. Any jurisdictional permits from authorities other than the City, including but not
limited to, those from the Army Corps of Engineers, Department of Fish and Wildlife,
and Regional Water Quality Control Board required for any ground disturbing
activities, grading, demolitions, and/or street and road improvements shall be obtained
prior to the City’s approval of improvement plans and the Developer’s commencing
work in waterways within the jurisdiction of such regulatory agencies.
52. Access rights shall be offered for dedication to the City along Madonna Road, Dalidio
Drive, Prado Road, and Froom Ranch Way except at approved driveway locations.
53. The subdivider shall install public street lighting and all associated facilities including
but not limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all
public streets, including Madonna Road per City Engineering Standards.
54. Private street lighting may be provided along the private streets/alleys/parking areas,
pocket parks, and linear parks per City Engineering Standards and/or as approved in
conjunction with the final ARC approvals.
55. Street trees are required as a condition of development. Street trees shall generally
be planted at the rate of one 15-gallon street tree for each 35 lineal feet of property
frontage. Landscape plans may include grouping of trees to vary this standard to honor
site/public improvements, achieve visual variety, or to honor line-of-sight corridors
within the subdivision.
56. The public improvement plans shall provide a final analysis of the trees to be removed
and trees to be retained. The existing trees located along or across the tract boundary,
within areas of utility work, and/or within vacant lots proposed for future development
shall be specifically identified in those plans as removed or retained. The plan/map
submittals shall include a tree preservation plan and/or notice of requirements attached
to the final map. Trees not previously noted and approved for removal shall be retained
unless otherwise specifically approved for removal by the City. A tree preservation
plan shall be provided by a Certified Arborist and approved by the City for any trees to
remain or to be relocated.
57. Improvement plans for the entire subdivision, including any off-site improvements
shall be approved to the satisfaction of the Public Works Department, Utilities
Department, and Fire Department prior to map recordation. Off-site improvements
may include but are not limited to roadways, sewer mains, water mains, recycled water
mains, storm drain improvements, off-site access roadways, transportation
improvements, and utility system improvements.
58. A separate demolition permit will be required from the Building Division for the
removal of any existing structures and related infrastructure. Building removals are
subject to the Building Demolition Regulations including the additional notification and
Resolution No. 10822 (2017 Series) Page 41
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timing requirements for any structure over 50-years old.
59. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan
shall include any pertinent off-site water well and private waste disposal systems that
are located within regulated distances to the proposed drainage and utility
improvements. The plan shall include the proposed disposition of the improvements
and any proposed phasing of their demolition and removal.
60. The map and improvement plans shall show and clarify the extent of all existing public
and private easements. The developer shall provide any additional clarification
regarding the water wells shown on the proposed map and listed as City wells. The
developer shall provide any additional clarification on any outstanding private
easement agreements including but not limited to the billboard easement agreement
including the exact ingress and egress in favor of the Grantee of the billboard
easement). The improvement plans shall clearly show and label the limits of existing
and proposed improvements within the easements.
61. If phased construction of the new street pavement is proposed, the phasing plan shall
provide for the ultimate structural street section and pavement life (per the City's
Pavement Management Plan) prior to acceptance by the City Engineer. The engineer
of record shall detail this requirement in the public improvement plans, to the
satisfaction of the City Engineer.
62. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the mitigation measures, conditions of approval, City codes, and
standards. A truck circulation plan and construction management and staging plan shall
be included with any demolition, stockpile, grading, or improvement plan submittal.
General truck routes shall be submitted for review and acceptance by the City. The
engineer of record shall provide a summary of the extent of cut and fill with estimates
on the yards of import and export material. The summary shall include rough grading,
utility trench construction, road construction, AC paving, concrete delivery, and vertical
construction loading estimates on the existing public roadways. The developer shall
either: 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre-construction
condition, or 2) shall pay a roadway maintenance fee in accordance with City
Engineering Standards and guidelines, or 3) shall propose a pavement
repair/replacement program satisfactory to the City Engineer. The roadway impacts
analysis and mitigation strategy shall be approved prior to commencing with grading
or construction.
63. Retaining wall and/or retaining wall/fence combinations along property lines shall be
approved to the satisfaction of the Planning Division and shall conform with the zoning
regulations for allowed combined heights or shall be approved through the ARC or
separate Fence Height exception process.
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64. The ARC plans and public improvement plans shall show the location of the proposed
mail receptacles or mail box units (MBU’s) to the satisfaction of the Post Master and
the City Engineer. The subdivider shall provide a mailbox unit or multiple units to
serve all dwelling units within this development as required by the Post Master. MBU’s
shall not be located within the public right-of-way or public sidewalk area unless
specifically approved by the City Engineer. Contact the Post Master at 543-2605 to
establish any recommendations regarding the number, size, location, and placement for
any MBU’s to serve the several neighborhoods and occupancies.
65. Porous concrete, pavers, or other surface treatments as approved by the City Engineer
shall be used for private parking areas, V-gutters, private curb and gutter, etc. to the
extent feasible within the over-all drainage design for water quality treatment/retention
in accordance with the specific plan and Land Use Policies.
66. The subdivision improvement plans shall show that accessibility to all common areas,
linear parkways, and connecting neighborhood paths/trails is achieved per the ADA and
the California Building Code to the satisfaction of the City Engineer and Building
Official.
Utilities
67. Potable city water shall not be used for major construction activities, such as grading
and dust control, as required under Prohibited Water Uses; Chapter 13.07.070.C of the
City’s Municipal Code. An annual Construction Water Permit is available from the
City’s Utilities Department. Recycled water is readily available near the intersection
of Madonna Road and San Luis Ranch Road, and shall be stubbed within the project
site with a temporary filling station / recycled water hydrant assembly before grading
operations begin.
68. Prior to issuance of a building permit, the development’s recycled water system shall
have: an 8-inch recycled water system along San Luis Ranch Road and Dogwood Court
from Madonna Road to Froom Ranch Way, and along Froom Ranch Way from Prefumo
Creek to Highway 101, and a 14” recycled water main shall extend easterly from the
intersection of San Luis Ranch and Madonna Road up to the northeastern corner of the
project’s frontage along Madonna Road.
69. Water flow rates and velocities shall comply with the requirements of the 2016 Potable
Water Distribution System Operations Master Plan. The City of San Luis Obispo shall
be the sole water purveyor for water services within the proposed development, which
shall comply with all municipal code requirements. Prior to issuance of a building
permit, the development’s water system shall have: a 12-inch water main extending
easterly along Froom Ranch Way from Oceanaire Drive up to Dalidio Drive and
southerly along Dalidio Drive up to Highway 101, and shall include a 10-inch water
main along San Luis Ranch Road from Madonna Road up to Froom Ranch Way.
70. Sewer flow rates and velocities shall comply with the requirements of the 2016
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Wastewater Collection System Infrastructure Renewal Strategy. Prior to issuance of a
building permit the development’s sewer system shall have: a 24-inch sewer main
extending along the south boundary of the parcel within a new sewer easement from
Lot 209 to the Laguna Lift Station, and shall include associated improvements at the
lift station to accommodate the proposed casing and sewer line. Easements and
encroachment permits from Caltrans shall be secured to cross the highway, and shall
include the installation of a new sewer casing per requirements of the encroachment
permit.
71. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV
shall be served to each lot to the satisfaction of the Public Works Department and
serving utility companies. Fiber-optic communication shall be provided from the
existing Laguna lift station to the proposed community park along the sewer alignment.
All public and private sewer mains/laterals shall be shown on the public improvement
plans and shall be constructed per City Engineering Standards unless a waiver or
alternate standard is approved by the City. The plans shall clearly delineate and
distinguish public and private improvements. No sewer lift stations shall be used for
the wastewater collection system given that preliminary designs demonstrate the ability
to serve the development by a gravity sewer system.
72. All proposed utility infrastructure shall comply with the latest engineering design
standards effective at the time of improvementplan approval, and shall have alignments
for maintenance of public infrastructure acceptable to the PublicWorks Department. All
public utilities shall be within the public right of way and the final alignments of all
water and sewer mains shall be approved by the Utilities Engineer.
73. All sewer and water infrastructure impacted by the proposed Highway 101 interchange
layout and associated clearances required by the Engineering Design Standards shall be
relocated to the satisfaction of the Utilities Director.
74. Final grades and alignments of all public and/or private water, recycled water, sewer
and storm drains shall be approved to the satisfaction of the Public Works Director and
Utilities Department. The final location, configuration, and sizing of on-site service
laterals and meters shall be approved in conjunction with the review of the building
plans, fire sprinkler plans, and/or public improvement plans.
75. The limit, extent, and method of termination for all public utilities shall be approved to
the satisfaction of the City Utilities Engineer. Redundant mains or mainlines located
with limited access for maintenance may need to be redesigned prior to issuance of a
building permit and as directed by the Utilities Engineer. The extension of mainlines
along the subdivision boundary/frontage may be required for orderly development prior
to issuance of a building permit and as a directed by the Utilities Engineer.
76. Unless otherwise approved by the City Engineer, the gas main shall be located in a joint
trench in accordance with PUC and utility company standards to provide additional
Resolution No. 10822 (2017 Series) Page 44
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clearances within the pavement section of all streets to accommodate the several City
public utility mains.
77. The improvement plans shall show the location of all domestic and landscape water
meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations
shall justify service and meter sizing prior to issuance of a building permit and to the
satisfaction of the Utilities Director. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
map and/or construction phase depicting that meter or those meters.
78. A final sewer report and supporting documentation for the design of the public
sewer main serving the future development on lots 1 & 2 shall be approved by the
Utilities Department prior to approval of the public improvement plans. The depth of
the off-site and on-site sewer mains shall be approved to the satisfaction of the Utilities
Director.
79. The public improvement plan submittal shall show all existing and proposed overhead
wire utilities. Any existing overhead primary and secondary wiring within the tract
boundary shall be undergrounded in conjunction with the subdivision improvements.
Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not
permitted. Off-site service drops shall be eliminated. The new service feeds for the
subdivision shall be completed by underground wiring without a net increase in utility
poles. Terminal end utility poles shall be located off-site unless otherwise approved by
the City.
80. Any widening of streets with existing overhead wire utilities shall include the
undergrounding of the existing wiring. The City Engineer may require replacement
streetlights per City Standards where streetlights exist on wood poles.
81. The developer shall exhaust all reasonable efforts to eliminate or underground the
existing overhead wiring located along the southeast tract boundary. The elimination
and/or undergrounding shall consider existing services and/or utilization equipment to
remain. The plan to eliminate, reduce, or underground the existing services shall be
approved to the satisfaction of the City, Cal Trans, PGE, and billboard easement
grantee. Undergrounding service to any existing or proposed water well shall consider
standard farming operations and the depth of deep ripping. Any proposal for partial
undergrounding, waiver, or deferral shall be subject to the approval of the Community
Development Director. The existing PGE high voltage wires and towers and the
existing overhead wiring along Highway 101 are specifically excluded from this
requirement.
82. Preliminary undergrounding plans for the entire subdivision shall be processed through
PGE and any respective wire utility companies in conjunction with public improvement
plan submittal. The preliminary PGE plans/memo shall be provided to the engineer of
record and the City for review and approval prior to commencing with the PGE final
handout package.
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83. Irrigation systems using recycled water shall be designed and operated as described 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 for review during the City’s improvement plan and/or
building permit review process.
84. The project’s Landscape Plan shall be consistent with provisions in effect at the time of
building permit issuance for declared drought emergency conditions that may require an
Estimated Total Water Use (ETWU) below 50 percent of the Maximum Applied Water
Allowance (MAWA).
Grading, Drainage & Storm Water
85. Any permit approvals required from the Army Corps of Engineers, California
Department of Fish and Wildlife, or the Regional Water Quality Control Board shall be
secured and presented to the City prior to the approval of any subdivision grading
and/or improvements related to the jurisdictional area. The engineer of record shall
review the permit approvals and any specific permit conditions for compliance with the
plans, subdivision improvement designs, drainage system design/report, and soils
report. The engineer of record shall forward the permits to the City with a notation that
the permits have been reviewed and are in general conformance with the design of the
improvements.
86. The public improvement plans submittal shall clarify how any wetlands, creek
corridors, and riparian habitat areas will be preserved to the satisfaction of the Natural
Resources Manager. Include any specific details for the proposed creek crossings in
accordance with any preservation strategies, mitigation measures, and other
requirements and needed permits from agencies with jurisdiction or permitting
authority. Sensitive areas shall be staked, fenced, or otherwise delineated and protected
prior to commencing with construction, grading, or grubbing.
87. The developer shall exhaust reasonable efforts to eradicate and control the expansion
of any known non-native invasive plant species to the satisfaction of the Natural
Resources Manager. These plants may require treatment in advance and prior to
commencing with ground disturbing activities and grading.
88. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for
all graded pads and for in-situ soils on natural lots in accordance with the current
Building Codes or otherwise as deemed necessary by the City Engineer or Building
Official.
89. Final pad certifications shall include the certification of pad construction and elevations.
The soils engineer shall certify all grading prior to acceptance of the public
improvements and/or prior to building permit issuance. The certification shall indicate
that the graded pads are suitable for their intended use.
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90. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow
ditches, drainage collection devices, and drainage piping may be required. The public
improvement plans and final map shall reflect any additional improvements and private
easements necessary for slope protection and maintenance. Unless otherwise approved
for public maintenance by the City Engineer, brow ditches and drainage collection
devices shall be maintained by the HOA or funded by a Funding Mechanism.
91. A separate easement agreement for the existing and altered Cerro San Luis Channel shall
be approved to the satisfaction of the City. The easement agreement shall be in a format
provided by the City. The agreement shall include the maintenance responsibility by
the individual property owner(s), a property owner association, the Homeowner’s
Association (HOA) as applicable, or by a Community Facilities District if specifically
identified upon the formation of the CFD. The easement agreement shall include
limitations in use within the easement area, and provisions for City access rights for
maintenance in an emergency or if the responsible party fails to maintain.
92. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and/or
private roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where
applicable. The submittal shall provide additional analysis if site accessibility will not
be provided and for any feature or element where accessibility is purportedly not
required. The accessibility regulations or guidelines in effect at the time of subdivision
improvement construction will be applied.
93. The subdivision improvement plans, grading plans, drainage plans, and drainage reports
shall show and note compliance withCity Codes, Standards and Ordinances, Floodplain
Management Regulations, specific plan stormwater provisions, Waterways
Management Plan Drainage Design Manual, and the Post Construction Stormwater
Regulations as promulgated by the Regional Water Quality Control Board, whichever
pertinent sections are more restrictive.
94. The improvement plan submittal shall include a complete grading, drainage, and erosion
control plan. The proposed grading, drainage plan, and reports shall consider the
proposed construction phasing. Historic off-site and upslope watersheds tributary to the
area of phased construction shall be considered. Run-on from adjoining developed or
undeveloped parcels shall be considered.
95. The project plan and reports shall show compliance with the City’s Floodplain
Management Regulations and FEMA requirements. This project is located within an
unstudied A zone and adjacent to an AE zone. The required Conditional Letter of Map
Revisions Based on Fill (CLOMR-F) shall be processed and approved by FEMA prior
to commencement of construction or placement of fill within the Special Flood Hazard
Area (SFHA). The final LOMR-F shall be submitted to FEMA, along with the required
Community Acknowledgement form, within 6 months of the completion of the grading.
The LOMR-F shall be approved by FEMA prior to acceptance of the final building pad
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and development grades by the City of San Luis Obispo and prior to building permit
issuance.
96. The revised 100-year flood limits shall be shown and noted on the improvement plans
and an additional final map sheet for reference. The drainage report and final plans shall
clarify the 100-year flood elevations, clearances, and freeboard at all new vehicle bridge,
pedestrian bridge, and pipe bridge crossings of the creek corridors.
97. The improvement plans shall clarify the extent of improvements at each respective well
site related to the proposed grading, top soil removal, grade lowering, etc. The plan
shall include any alterations to well head and appurtenant electrical service, pumps, and
panel boards. The plans shall show and note compliance with the City’s Floodplain
Management Regulations, adopted Building Code/Electrical Code, and Department of
Water Resources requirements for protection of the service equipment and the
well/groundwater.
98. The engineer of record shall provide a digital copy of the final Hydrologic Engineering
Center’s River Analysis System (HEC-RAS) modeling to the City in accordance with
Section 4.0 of the Waterways Management Plan Drainage Design Manual.
99. The final drainage report, Post Construction Stormwater Regulation compliance
strategy, and plans shall include final details related to the Cerro Channel diversion
structure. The plan, report, and jurisdictional permits shall consider the limits of any
necessary silt removal and construction of the diversion. The applicant shall evaluate
the need for any additional upstream silt/trash removal and/or the elimination of illicit
discharges from off-site properties. The final reports and O & M Manual shall consider
any need for on-going maintenance. The plan shall include reasonable provisions for
the capture of silt, trash, and debris through pre-basins or other methods tominimize the
impacts to the detention basin.
100. The final stormwater reports, plan, and program shall include consideration of solid
waste/trash and floating trash removal from the stormdrain system and BMP’s prior to
discharge to the adjoining creeks and/or waterways. The strategy shall consider any
City or State regulations or guidelines regarding trash removal available at the time of
public improvement plan development and shall be approved to the satisfaction of the
City Engineer.
101. The developer shall prepare an Operations and Maintenance Manual for review and
approval by the City in conjunction with the development of any stormwater BMP’s that
will be maintained by the Homeowners Association, Property Owner Association, or by
private property owners. A Private Stormwater Conveyance Agreement shall be
recorded in a format provided by the City prior to final inspection approvals and
acceptance of subdivision improvements.
102. The subdivider/developer shall provide notification to privateproperty owners regarding
any individual maintenance responsibility of any parkway or backyard stormwater
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BMP’s in accordance with Section E.2 of the RQWCB Resolution R3-2013-0032. The
notification may be by Notice of Requirements or other method acceptable to the City.
103. The stormwater improvements other than City Standard public storm drain
infrastructure shall be maintained by the individual property owner(s), a property owner
association, the Homeowner’s Association (HOA) as applicable, or by a Community
Facilities District if specifically identified upon the formation of the CFD. A separate
encroachment/hold harmless agreement may be required in conjunction with certain
private improvements proposed for location within the public rights-of-way.
104. The final details for any proposed bio-retention facilities or other stormwater BMP’s
located within the public right-of-way shall be approved to the satisfaction of the City
Engineer. The project soils engineer shall review and provide recommendations on any
proposed site-constructed and/or proprietary retention systems. Analysis of impacts to
the public improvements, protection of utilities, and methods to minimize piping and
protection of private properties shall be addressed in the final analysis.
105. The proposed detention basins and any pre-basin shall be designed in accordance with
the Waterways Management Plan Drainage Design Manual. The proposed surface
runoff and drainage from the detention basin(s) shall include a non-erosive outlet to an
approved point of disposal. The outlet(s) design and location should replicate the
historic drainage where feasible. Any off-site detention basin, temporary basin, or other
drainage improvements shall be subject to approval by the City. Any required or
proposed off-site grading or drainage improvements shall be completed within recorded
easements or under an appropriate license or other private agreement.
106. The required CC&R’s shall entitle the owners of lots 1, 2, the commercial lots, and any
parcels resulting from the further subdivision of those parcels to annex to the HOA to
allow a common stormwater management strategy for the subdivision, at the option of
those owners. The subsequent development/re-subdivisions may, at the sole discretion
of those developers or subdividers, annex to the HOA, or demonstrate to the satisfaction
of the City how they will provide storm drainage mitigation through their own
development strategy and/or subdivision design and HOA. The HOA shall provide for
maintenance of all private common area drainage channels, on-site and/or sub-regional
drainage basins, water quality treatment and conveyance improvements. The CC&R's
shall be approved by the City and shall be recorded prior to or concurrently with
recordation of the Final Map. A Notice of Annexation or other appropriate mechanism
to annex other subdivisions into the HOA, including but not limited to any shared
regional detention basin, shall be recorded concurrently with the map.
107. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the
satisfaction of the City Engineer, Natural Resources Manager, and other permitting
agencies. The existing channel shall be cleared of any illegal dumping, construction
debris, or other deleterious material to the satisfaction of the City Natural Resources
Manager.
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108. The project soils engineer shall review the final grading and drainage plans and Low
Impact Development (LID) improvements. The soils report shall include specific
recommendations related to public improvements, site development, utility, and
building pad/foundation construction related to the proposed LID improvements. The
project soils engineering report shall be referenced on the final map in accordance with
the Subdivision Regulations and City Engineering Standards.
109. A Storm Water Pollution Prevention Plan (SWPPP) is required in accordance with State
and local regulations. A hard copy of the SWPPP shall be provided to the City in
conjunction with the Public Improvement Plan submittal and subsequent building plan
submittals. The Water Discharge Identification (WDID) number shall be included by
reference on all construction plans sets. An erosion control plan shall be included with
the improvement plans and all building plan submittals for demolitions, grading, and
new construction.
110. The project development and grading shall comply with all air quality standards and
mitigation measures. The developer shall provide written notification from the County
Air Pollution Control District (APCD) regarding compliance with all local, state, and
federal regulations including but not limited to the National Emission Standards for
Hazardous Air Pollutants (NESHAP) regulations related to Naturally Occurring
Asbestos (NOA) to the City prior to plan approval, permits, and commencing with
development grading.
Planning Requirements
111. At the time of submittal of a request for approval of a final map, the subdivider shall
provide a written report detailing the methods and techniques employed for complying
with these conditions of approval and the mitigation measures imposed upon
certification of the EIR for the Project.
112. Agricultural Heritage Facility and Learning Center: Priorto issuance of building permits
for Phase 3, the proposed relocation and rehabilitation/reconstruction of buildings at the
Agricultural Heritage Facility and Learning Center shall be completed in conformance
with Mitigation Measure CR-1(a). Prior to grading or commencement of any
construction activities for infrastructure or building construction, a security and
protection plan shall be submitted and approved to the satisfaction of the Community
Development Director. The plan shall detail methods to prevent trespassing and prevent
removal of any building materials. The plan shall continue to remain in active
implementation through Phases 1 & 2, and prior to the relocation action.
113. All owners, potential purchasers, occupants (whether as owners or renters), and
potential occupants (whether as owners or renters) shall receive full and accurate
disclosure concerning the noise, safety, or overflight impacts associated with airport
operations prior to entering any contractual obligation to purchase, lease, rent, or
otherwise occupy any property or properties within the airport area consistent with
Section 2.6.7 of the San Luis Ranch Specific Plan.
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114. Prior to final map, County of San Luis Obispo Avigation easements shall be recorded
for each parcel within the development.
115. Prior to the recording of any phase of the final map, the applicant shall enter into and
record an Affordable Housing Agreement with the City, detailing the timing of
construction of affordable units on-site, and with guarantees to ensure timely delivery of
all of the required affordable housing units. The Affordable Housing Agreement must be
included as an at to the Development Agreement, and include appropriate guarantees to
ensure the timely delivery of affordable housing units, dedication of real property, or
payment of in-lieu fees, consistent with Section 5.2.2 of the San Luis Ranch Specific
Plan.
116. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack,
set aside, void or annul, the approval by the City of this map and its related approvals,
and all actions relating thereto, including but not limited to environmental review. The
City shall promptly notify the subdivider of any claim, action, or proceeding and shall
cooperate fully in the defense. If the city fails to promptly notify the subdivider of any
claim, action, or proceeding, or to cooperate fully in the defense, the subdivider shall
not thereafter be responsible to defend, indemnify, or hold the City harmless.
117. This map is conditioned upon the annexation of the property to the city and this approval
shall not be effective until annexation of the property to the city has been completed. If
the annexation is not completed within one year of the date the City Council approves
the map or following any agreed extension in writing, then the approval of the map shall
be null and void. Consequently, no final or parcel map may be filed until the Project site
is annexed to the city.
Natural Resources
118. Subdivider shall submit a plan for the interim stockpiling and salvage of topsoils from
the protected agriculture land to the satisfaction of the Natural Resources Manager and
Community Development Director. The stockpiling / top soil salvage plan shall depict
depths of excavation, temporary storage locations for salvaged top soil, and phasing of
stockpiles so that no salvaged top soil stockpiles will be in place for a period greater
than seven (7) days at a time before being replaced back in the field in order to protect
soil health and viability for future farming operations. A pre-construction meeting shall
be required prior to any grading or top soil salvage activity, and post-top soil
replacement and finished slope and drainage aspect shall be confirmed by a surveyor
using laser leveling or similar techniques.
119. A comprehensive Habitat Mitigation and Monitoring Plan (HMMP) shall be submitted
to the satisfaction of or approval by the Natural Resources Manager that provides
detailed strategies for the restoration of riparian impacts to Prefumo Creek and Cerro
San Luis Channel to mitigate impacts associated with bridge structures and the
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stormwater outfall locations, as well as for the restoration and protection strategy for the
areas identified in the Specific Plan for monarch butterfly habitat and the heron rookery.
The HMMP shall identify baseline conditions, restoration techniques, monitoring
protocols, success standards, and contingency measures and identify the responsible
parties and funding sources for implementing the plan.
SECTION 3. Term Sheet. The City Council does hereby approve the Term Sheet to
form the basis for the Development Agreement, which represents the tentative agreement
between the applicant and the City on important areas related to the phased and orderly
development of the property.
Findings:
1. A Development Agreement, which is authorized by statute pursuant to Government Code
section 65864 – 65869.5, is a contract between a developer and a city (or county) in which
the city provides the developer with vested development rights for a defined period of years
in exchange for the developer providing “extraordinary” public or “community” benefits that
exceed what would otherwise be permissible by law, i.e. the land use regulation “police
powers” delegated to local government by the State of California;
2. The Term Sheet forms the basis for the Development Agreement, which represents the
tentative agreement between the applicant and the City on important areas related to the
phased and orderly development of the property.
3. The Development Agreement works in parallel to other entitlements, and in the case of San
Luis Ranch, the proposed conditions of approval require its approval with a detailed
infrastructure financing plan before certain portions of the entitlement can take effect.
4. The Development Agreement would not change the development parameters included in the
Specific Plan, but would fine-tune their implementation, building on the Conditions of
Approval associated with the Vesting Tentative Tract Map.
SECTION 4. Annexation. The City Council does initiate the process of annexing the
project site into the City of San Luis Obispo, by authorizing staff to make application for
annexation to the San Luis Obispo Local Agency Formation Commission (LAFCo).
Findings:
1. The project area was identified as one of three Specific Plan areas designated for
development when the General Plan Land Use and Circulation Elements update were
adopted by the City Council in December 2014. The San Luis Ranch Specific Plan was
prepared to implement this aspect of the General Plan.
2. The San Luis Ranch Specific Plan are is within the City’s Sphere of Influence as defined by
LAFCo, which is an area designated for eventual annexation provided that City services can
be provided, and that that annexation is otherwise consistent with LAFCo policies;