HomeMy WebLinkAbout12-4-2018 Item 7 Reading File - resolution approving tentative tractRESOLUTION NO. 10832 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL EIR FOR, AND
APPROVAL OF, THE A VILA RANCH DEVELOPMENT PLAN, AIRPORT
AREA SPECIFIC PLAN AMENDMENT, GENERAL PLAN
AMENDMENT, AND VESTING TENTATIVE TRACT MAP NO. 3089, FOR
PROPERTY LOCATED AT 175 VENTURE DRIVE (GENP 1319-2015;
SPEC/ER-1318-2015; SBDV 2042 2015; OTHR-0455-2017 A.K.A. "AVILA
RANCH")
WHEREAS, on June 28, 29 and July 12, 2017 and on August 9, 2017, the Planning
Commission held hearings on the underlying entitlements for the Avila Ranch project including
environmental analysis and other related studies; and
WHEREAS on August 9, 2017 , the Planning Commission recommended that the City
Council: 1) certify the Environmental Impact Report, adopt appropriate CEQA findings and
Statement of Overriding Cons id erations , and adopt a Mitigation and Monitoring and Reporting
Plan; 2) approve the Airport Area Specific Plan Amendment, General Plan Amendment and
Rezone; 3) approve the Avila Ranch Development Plan based on findings that the project is
consistent with the General Plan and Airport Area Specific Plan, as amended; 4) approve the
Vesting Tentative Tract Map No. 3089; and 5) approve the Development Agreement; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on September 19, 2017 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering GENP 1319-2015 ; SPEC/ER 1318-2015; SBDV 2042-
20 15 ; OTHR-0455-2017, which includes entitl ements consistent with the Planning Commission
recommendation of August 9 , 2017, including a Development Plan that would allow up to 720
residential units, 15 ,000 square feet of commercial development, 18 acres of parks, and 53 acres
of open space on a 150-acre site, with a Vesting Tentative Tract Map that would implement said
development; 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, in terested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. CEOA Findin2s, Miti2ation Measures and Miti2ation Monitorio2
Pro2ram 1 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
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Resolution No. 10832 (2017 Series) Page 2
following CEQA Findings and Mitigation Measures in supp01t of a ll entitlements related to the
Avila Ranch Project:
1. The Avi la Ranch Development Project Final Environmental Impact Repo1t (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
2 . The proposed project is consistent with the requirements of the Avil a Ranch Development
Plan Final Environmental Impact Report (FEIR) 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
#3089, as detailed below, and described more fu lly in the attached "Findings of Fact and
Statement of Overriding Considerations" document.
3 . All potentially s ignificant effects were analyzed adequate ly in the referenced FEIR, and
reduced to the extent feasible , provided the following mitigation measures are incorporated
into the project and the mitigation monitoring program.
AVILA RANCH FEIR MITIGATION MEASURES
Agricultural Resources Mitigation
AG-1. The App li cant shal l establi sh an offsite agricu ltural conservation easement or pay in -l ieu fees
to a City designated fund dedicated to acquiring and preserving agricultural land. While the C ity 's
priority is that such agricultural land be acquired in the closest feasible proximity to the City,
mitigation may be implemented using one of the following options:
a . The Appl icant shall ensure permanent protection of farm land of equal area and qua li ty , wh ich
does not already have permanent protection, within the City of San Lu is Obispo, consistent with
City Policy 8.6.3(C) and AASP Po licy 3.2.18. The Applicant shall identify and purchase or
place in a conservation easement a parcel of land of at least 71 acres of equal quality farm land,
or provide in -lieu fees to allow the City to complete such an acquisition.
b . If no suitable parcel exists with in the City limits, the Applicant shall identify and purchase or
place in a conservation easement a parcel of farmland, of equal quantity and quality , within the
City's Sphere oflnfluence that is threatened by development of nonagricultural uses. The parcel
shall be placed in an agricultural conservation easement (refer to F igure 2 in the Land Use
E lement for City Sphere oflnfluence). The Applicant may a lso provide in-lieu fees to allow the
C ity to complete such an acquisition.
c. In the event that no sui table land is avai lable within the City limits or City's Sphere oflntluence,
the Appli cant shall identify and purchase or p lace in a conservation easement a parcel of
farmland, of equal quantity and quality , within the City 's urban reserve or greenbelt that is
threatened by development of nonagricultural uses. This parcel shall be placed in an agricultural
conservation easement (refer to Figure I in the Land Use Element for C ity Planning Area). Th e
Applicant may a lso provide in-lieu fees to a ll ow the City to complete such an acquisition.
In the event that no suitable land for an agricultural conservation easement is avai lable for purchase
w ithin the City limits, the City's Sphere oflntluence, or urban reserve or greenbelt Planning Area,
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Resolution No. 10832 (2017 Series) Page 3
the Applicant shall identify and purchase or place in a conservation easement a parcel of farmland,
of equal quantity and quality, within County lands (e.g., agricultural lands north and south of
Buckley Road) that is considered to be threatened by the conversion to nonagricultural use. This
parcel shall be placed in an agr icultural conservation easement. The Applicant may a lso provide in-
lieu fees to allow the City to complete such an acquisition. The Applicant shall demonstrate that
such land is as close in proximity to the City as feasible.
AG-2a. To address potential agricultural land u se conflicts, the Applicant shall coordinate w ith the
City and County to fund installation of fencing and signs a long Buckley Road to minimize potential
for increases in trespass and vandalism of adjacent agricultural areas. Along the south side of Buckley
Road, the us e of three strand barbwire fencing would be acceptable. Along the north side of the
Buckley Road extension bordering the Class I bike path , spit rail fencing s hall be install ed or other
fencing acceptable to the County.
AG-2b. To r educe the potential for noise, dust, and pesticide drift to affect future Project resid ents ,
the Applicant shall ensure that Project landscape plans include planting of a windrow of trees and
shrubs along the proposed southern landscape be1m and eastern Project site boundary at a sufficient
density to buffer the site from surrounding agricultural operations.
AG-2c. To augment the existing 100-foot agricultural buffer to the Caltrans property to the west of
the Project site, the Applicant shall add a 20-foot hedgerow/windrow of trees and vegetation along
the east side of Vache II Lane.
Air Duality Miti2ati on
AQ-l a. A Construction Activity Management Plan (CAMP) shall be included as part of Project
grading and building plans and shall be submitted to the APCD and to the City for rev iew and
approval prior to the start of construction. In addit ion, the contractor or builder s ha ll designate a
person or persons to monitor the dust control program and to order increased watering, as necessary,
to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when
work may not be in progress. The name and tel ephone of such p ersons shall be provided to the APCD
prior to land use clearance for map recordation and grading. The p lan shall include but not be lim ited
to the following e lements:
1. A Dust Control Management Plan that encompasses the following dust control measures:
• Reduce the amount of disturbed area where possible;
• Water trucks or sprinkler trucks shall be used during construction to keep all areas of
vehicle movem ent damp e nough to prev ent dust from leaving th e site. At a minimum, th is
would requ ire tw ice-dai ly applications. A ll dirt stock pi le areas should be sprayed daily as
needed . Increased watering frequency would be required when wind speeds exceed 15
miles per hour (mph). Reclaimed water or the onsite water well (non-potable) shall be used
when possible. The contractor or builder shall consider the use of an APCD-approved dust
suppressant where feasible to reduce the amount of water used for dust contro l;
• All dirt stock-pile areas shall be sprayed daily as needed ;
• Permanent dust control measures identified in the approved Project revegetation and
landscape plans should be implemented as soon as possib le following completion of any
soil disturbing activities ;
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• Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading shall be sown with a fast germ inating native grass seed and watered until
vegetation is established;
• All disturbed soi l areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD ;
• All roadways, driveways, sidewalks, etc . to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface
at the construction site;
• All trucks hauling dirt, sand, so il , or other loose materials are to be covered or shall
maintain at least two feet of freeboard in accordance with California Vehi cle Code Section
23114;
• Install wheel washers where veh icl es enter and exit unpaved roads onto streets , or wash off
trucks and equipment leaving the s ite ;
• Sweep streets at the end of each day if visible soi l material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible;
• All of these fugitive dust mitigation measures sha ll be shown on grading and building
plans ; and
• The contractor or builder s hall designate a person or persons to monitor the fugitive dust
control emissions and enhance the implementation of t he 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 holiday and weekend periods
when work may not be in progress. The name and te lephone numb er of such persons shall
be provided to the APCD Compliance Division prior to the start of any grading, earthwork
or demolition.
2. Implementation of the following BACT for diesel-fueled construction equipment, where
feasible. The BACT measures shall include:
• Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;
• Repowerin g equ ipm ent with the cleanest eng ines available; and
• Installing California Verified Diesel Emission Control Strategies.
3. Implementation of the following standard air quality measures to minimize diesel emissions:
• Maintain all construction equipment in proper tune according to manufacturer 's
specifications;
• Fuel all off-road and portable diesel powered equipment with CARB-certified motor
vehicle diesel fuel (non-taxed vers ion suitable for use off-road).
• Use diesel construction equipment meeting CARB 's Tier 2 certified engines or cleaner off-
road heavy-duty diesel engines, and comply with the State off-Road R egulation;
• Use on-road heavy-duty trucks that meet the CARB's 2007 or c leaner ce1tification standard
for on-road heavy-duty diesel engines and comply with the State On-Road Regulation;
• Construction or trucking compani es with fleets that do not have engines in their fl eet that
meet the engine standards id entified in the above two measures ( e.g. captive or NOx
exempt area fleets) may be eligible by proving alternative compliance;
• On-and off-road di esel equipment shall not be allowed to idle for more than five minutes.
Signs shall be posted in the designated queuing areas to remind drivers and operators of
the five-minute idling limit;
• Di esel idling within 1,000 feet of sensitive receptors in not permitted;
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Resolution No. 10832 (2017 Series) Page 5
• Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
• E lectrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where feasib le; and,
• Use altern atively fueled co nstruction equipm ent onsite where feasible, such as compressed
natural gas (CNG), liqu efied natural gas (LNG), propane o r biodiesel.
4. Tabulation of on-and off-road construction equipment (age, horse-power, and mi les and/or
hours of operation);
5. Schedule construction truck tr ips duri ng non-peak hours (as dete1mined by the Public Works
Director) to re duce peak h our emission s;
6 . Limit the length of th e construction work-day period; an d
7. Phase construction activities, if appropriate.
AQ-lb. To reduce ROG and NOx levels during the arch it ectural coating phase, low or no VOC-
emission paint shall be used with levels of 50 g /L or less, such as B enjamin Moore Natura P aint
(Odorless, Zero V O C Paint). The Applicant or bui lder shall consider additional measures to re duce
daily and quatterly ROG and N O x levels related to architectural coatin gs, such as extending coatin g
app li cations by limiting daily coating activities .
AQ -lc. In order to further reduce Project air quality impacts , an offsite mitigation strategy shall be
developed and agreed u pon by the developer, City, and APCD at least three months prior to the
issuance of grad ing permits, including added fu nding for circulation improvements and transit
operations. Such funding may be in the form of cash p ayment or included as part of the obligation of
the Community Facilities Distri ct. The Applicant shall provide this funding at least two months prior
to the s ta rt of constructio n to help facilitate em iss ion offsets that are as real-time as possible . Offsite
mitigation strategies shall include one or more of the following:
• Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit buses;
• Purchase VDECs for trans it buses ; and
• Fund expansion of existing SLORTA transit services.
AQ-2a. T he Appli cant sh a ll includ e the fo ll owin g :
• Water Conservation Strategy: The A pplicant shall install fixtures with the E PA WaterSense
Label, ach ieving 20 percent reduction indoor. The Project shall install dtip, micro, or fixed
spray irri gation on all plants oth er than turf, also including the EPA WaterSense Label,
achieving 15 percent reduction in outdoor landscaping.
• Solid Waste: The App li cant s h all institute recycling and composting services to achieve a 15
percent reduction in waste disposal , and u se waste efficient land scapin g .
• Fugitive Dust: The Appli cant shall replace ground cover of at least 70 percent of area
disturbed in accordance w ith CARB Rule 403.
• Energy Conservation Strategy: The Applicant shall install additional so lar and a lt ernative
energy features ( e.g., solar panels on commercial buildings; solar canopies over commercial
parking areas).
AQ-2b. Consistent w ith standard mitigation measures set forth by the APCD, Projects generating
more than 50 lbs/day of combined ROG+ N O x or PM 10 shall implement all feasible measures within
Table 3-5 of the Ai r Quality Handbook.
BioI02ical Resources Miti2ation
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BIO-la. The Applicant shall prepare and implement a Biological Mitigation Plan that identifies
construction-related staging and maintenance areas and includes Proj ect-specific construction best
management practices (BMPs) to avoid or minimize impacts to biological resources, including all
measures needed to protect riparian woodland along Tank Farm Creek, minimize erosion , and retain
sediment on the Project site. Such BMPs shall include (but not be limited to) the following:
J. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek , the creek shall be fenced with
orange construction fencing and signed to prohibit entry of construct ion equipment and
personnel unless authorized by the C ity . Fencing should be located a minimum of 20 feet
from the edge of the riparian canopy or top of bank, whichever is further from the creek, and
shall be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20-foot creek setback, a
biological monitor sha ll be present during all such activities with the a uthority to stop o r
redirect work as needed to protect biological resources.
4. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever is
sooner) to avoid impacts to nocturnal and crepuscular ( dawn and dusk activity period)
species . No construction night lighting shall be permitted w ithin 100 yards of the top of the
creek banks.
5. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wild li fe species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, eng in e compartments, or under tracks since the equipment was last
parked). Any sensitive wi ldlife species found during inspections shall be gently encouraged
to leave the Project site by a qualified biologist or otherwise trained and City-approved
personnel.
6. Pallets or secondary containment areas for chemicals, drwns, 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 (R WQCB).
7 . All trash and construction debris shall be picked up and properly disposed at the end of each
day and waste dumpsters shall be covered with plastic sheeting at the end of each workday
and during storm events. All sheeting shall be carefully secured to withstand weather
conditions.
8 . The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing ,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank Farm
Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to sediment
basins designed to retain all sediment onsite.
9. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
I 0. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife species
found during inspections shall be gently encouraged to leave the Project site by a qualified
biologist or otherwise train ed and City-approved personnel. Trenches will remain open for
the sh01test pe1iod necessary to complete required work.
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Resolution No. 10832 (2017 Series) Page 7
Existing facilities and disturbed areas shall be used to the maximum extent possible to minimize the
amount of disturbance of undeveloped areas and all construction access roads and staging areas shall
be located to avoid high quality habitat and minimize habitat fragmentation .
BI0 -1 b. The Applicant shall retain a qualified E nvironmental Monitor, subject to review and
approval by the City and in consultation with CDFW, RWQ C B, and USFWS to oversee compliance
of the construction activities w ith the Biological Monitoring Plan and applicable Jaws , regu lations,
and policies. The Environmental Monitor shall monitor all construction activities, conduct a
biological resources education program for all construction workers prior to the initiation of any
clearing or construction activities, and provide quarterly reports to the C ity regarding construction
activities , enforcement issues and remedial measures. The Environmental Monitor shall be
responsible for conducting inspections of the work area each work day to ensure that excavation
areas , restored habitats, and open water habitats in the area do not have oil sheen, liquid oil, or any
other potential exposure ri sk to wildlife. If any exposure risk is identified, the Environmental Monitor
shall implement measures that could include , but are not li mjted to , hazing, fencing, and wildlife
removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occmTing within 50
feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist sha ll also conduct sensitive species surveys immed iately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats to
be avoided (see also, MM BJ0-3 and all subparts below).
The work area boundaries and other off-Limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fe ncin g each work day during construction activities to ensure that
sens itive species are not exposed to hazards . Any vegetation clearing activities shall be monitored by
the biologist and/or Environmental Monitor.
BI0-2b. The Biological Mitigation Plan shall provide details on timing and implementation of
required h abitat re storation and shall be prepared in consultation with the City's Natural Resource
Manager and CDFW. A copy of the final plan shall be submitted to the City for review and approval.
The plan shall be implemented by the Project Applicant, under supervision by the City and
Environmental Monitor, and:
1. Characterize the type, species co mpo s ition , spatial extent , and ecological fun ctio ns and va lue s
of the wetland and riparian habitat that will be removed, lost, or damaged.
2. Describe the approach that will be used to repl ace the wetland and riparian habitat removed,
lo st , or adversely impacted by the Proj ect, including a li st of the soil, plants, and other
materials that will be necessary for successfu l habitat replacement, and a description of
planting methods, location, spacing, erosion protection, and in-igation measures that will be
needed. Restoration and habitat enhancement shall include use of appropriate native species
and correction of bank stabil ization issu es. Wetland restoration or en hancement areas s hall
be designed to facilitate establishment of wetland plants such as willows, cottonwoods,
rushes, and creeping wild rye.
3. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BI0-2c through 2e below and the findin gs in the Biological
Report (A ppendix I).
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4. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
5. Describe how the habitat replacement approach wi11 be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
6. Describe the criteria that will be used to evaluate the effectiveness and success of the habitat
replacement approach.
7. Indicate the timing and schedule for the planting of replacement habitat.
8 . Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible. Habitats
suitable for Congdon 's tarplant and other native wetland species shall be created onsite. If
Congdon's tarplant is found in areas proposed for disturbance, the affected individuals shall
be replaced at a 1: l ratio through seeding in a suitable conserved natura l open space area. A
management plan for the species shall be developed consistent with applicable scientific
literature pertinent to this species.
9. Habitat restoration or enhancement sites shall be placed w ithin deed-restricted area(s), and
shall be mainta ined and monitored for a minimum of five years. If sufficient onsite mitigation
area is not practicable, an offsite mitigation plan shall be prepared as part of the Biological
Mitigation Plan and approved by permitting agencies.
I 0. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat, including
a detailed planting plan and maintenance plans using locall y obtained native species and
include habitat enhancement to support native wild life and plant species.
1 1. A weed management plan and weed ident ification list shall be included in the Biological
Mitigation Plan.
12. Habitat restoration or enhancement areas shall be maintained weekly for the first three years
after Phase completion and quarterly thereafter. Maintenance shall include eradication of
noxious weeds found on California Department of Food and Agticulture Lists (CDF A) A and
B. Noxious weeds on CDFA list C may be eradicated or otherwise managed.
13. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the third year, and annually the fourth
and fifth years. An nual reports documenting s ite inspections and site recovery status shall be
prepared and sent to the County and appropriate agencies .
B10 -2c. Within the required Biological M itigation Plan, all temporary and permanent impacts to
riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
1. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1: l
mitigation ratio for restoration (area ofrestored habitat to impacted habitat).
2. Pem1anent impacts to state jurisdictional areas , including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5: 1 ratio (area of restored and
enhanced habitat to impacted habitat).
3. Permanent impacts to federal wetlands shall be mitigated at a minimum 3: 1 ratio ( 1: 1 area of
created to impacted habitat plus 2: 1 area of created/enhanced habitat to impacted habitat).
4 . 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 (rep laced: removed). Trees measured at 24 inches
or greater 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
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stock (CDFW 2010). Permanent impacts to riparian vegetation shall be mitigated at a 3: 1
ratio to ensure no net loss of acreage and individual plants.
5. Replacement trees shall 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. Replacement plants shall be monitored for 5 years with
a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation
may be provided during years 1 to 3; however, supplemental watering shall not be provided
during the final two years of monitoring.
BI0 -2d. Project design shall be modified to preserve at a minimum the southern 275 feet of the
North-South Creek Segment to protect a ll existing mature riparian woodland, and the proposed
drainage plan shall be altered to convey remaining surface water flows from areas to the north to this
channel.
BI 0 -2e. To minimize impacts to riparian habitat, the Project shall stockpi le sufficient emergent
vegetation (e .g., cattai ls) for later planting in the real igned reach of Tank Farm Creek. Stockpiled
vegetation shall be placed in earthen basins with the roots covered with moist soi l and maintained in
a moist condition during construction operations.
[BI0-2f does not apply to the Mitigated Project.}
BI0 -2g. A post-construction landscape and restoration report for each phase shall be prepared by the
Environmental Monitor based on as-built drawings and site inspections to document the final
grading, p lantings, and habitat restoration activities . The report shall include as-bui lt plans prepared
after restoration, grading, and mitigation habitat plantings are complete . The as-built plans shall be
prepared by landscape and grading contractors.
BI0-2 h. Project activities within Tank Farm Creek and drainage channe ls , including any tree pruning
or removals, any necessary erosion repairs , or culvert removals , shall be performed when the channel
is dry, planned to the satisfaction of the City Engineer and Natural Resource Manager per City
Drainage Manual Standards , and be subject to monitoring by the Environmental Monitor.
BI 0 -2i. To reduce erosion and runoff from all exposed soils , all bare disturbed soils shall be
hydroseeded at the completion of grading for each construction phase. The seed mix shall contain a
minimum of three locally native grass species and may contain one or two sterile non-native grasses
not to exceed 25 percent of t he total seed mix by count. Seeding shall be completed no later than
November 15 of the year in which Project activities occurred. All exposed areas where seeding is
considered unsuccessful after 90 days shall receive a second app lication or seed ing, straw, or mulch
as soon as is practical to reduce erosion.
BI0-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek crossings shall be placed
outside mapped riparian areas and outside the top of the bank of the channel invert. The Class I
bridges shall be located within areas that have little to no riparian vegetation. No construction
activities or equipment sha ll occur in the stream channel. The placement of the bridge and foot ings
shall be indicated on the Development Plan, VTM, and Biological Mitigation Plan , and shall show
the bridges' placement in re lation to existing vegetation and the creek channel and banks.
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BI0-3a. The City-approved qualified biologist shall conduct training to all construction personnel to
familiarize construction crews with sensitive species that have the potential to occur within the
Proj ect site. Thi s may include but is not limited to: California red-legged frog, western pond turtle,
Steelhead trout, bats , migratory birds, and Congdon 's tarplant. The education a l program shall include
a description what constitutes take, penalties for take, and the guidelines that would be followed by
all construction personnel to avoid take of species during construction activities. Descriptions of the
California red-legged frog and its h abi ts , Congdon 's tarplant, n esting and migratory birds that may
be encountered, and all other sensitive spec ies that have a potential to occur within the vicinity of
Project construction shall be provided. The construction crew foreman s h all be responsible for
ensuring that crew members comply with the guidelines and that all new personnel receive the
training before partaking in construction activities.
BI0-3b. The Biological Mitigation Plan shall address wildlife and special status species movement
as follows:
• Migratory and Nesti ng Bird Management. Grading and construction activities s hall avoid the
breeding season (typically assumed to be from February 15 to August 15) to the extent
practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland habitat. If
Proj ect activities must be conducted durin g this period, pre-construction nesting bird surveys
s hall take place within one week of habitat disturbance associated with each phase , and if active
nests are located, the fo llowing shall be imp lemented:
o Construction activities within 50 feet of active nests shall be restricted until chicks have
fl edged, unless th e nest belongs to a raptor, in which case a 200-foot activity restriction
buffer shall be observed .
o A pre-construction s urvey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of the
buffer zone and make recommendat ions on additional monitoring requirements. A map of
the Proj ect s ite and nest locations shall be included with the r epo1t .
o The Project biologist conducting the nesting survey shall have the authority to reduce or
increase the recommended buffer depending upon site conditions and th e species involved.
A report of findings and r ecommendations for bird protection sha ll be submitted to the C ity
prior to vegetation removal.
• Bat Colony Management. Prior to removal of any trees over 20 inches diarneter-at-breast-
height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to
detennine if any tree proposed for removal or trimming harbors sens it ive bat spec ie s or maternal
bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost is found , the
qualified biologist shall install one-way valves or other appropriate passive relocation method.
For each occupied roost r emoved, one bat box shall be in stall ed in similar habitat and shall have
s imilar cavities or crevices to those which are removed, including access, ventilation ,
dimensions, height above ground, and thermal conditions . If a bat colony is excluded from the
Proj ect site, appropriate alternate bat habitat shall be installed in the Project site. To the extent
practicable, alternate bat house installation shall be install ed near the onsite drainage.
• Congdon's Tarplant Managemen t. Prior to initiation of construction, the Applicant shall fund
a site survey for Congdon's tarplant, and:
o If Congdon's tarplant is found in areas proposed for building, the affected individuals shall
be replaced at a I: 1 ratio through seedin g in a su itable conserved natural open space area.
o A mitigation and monitoring plan for the spec ies shall b e developed consistent with
applicable scientific literature pertinent to this species. The plan shal l provide for the annual
success over an area of at least 1,330 square feet with approximately 500-750 indi vidua ls
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Resolution No. 10832 (2017 Series) Page 11
(the current aerial extent) and be implemented to reduce impacts to Congdon's tarplant to a
less than significant level.
o The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon's tarplant seeds from the site shall be
reintroduced.
• Sensit ive Species Ma nage me nt. Injury or mortality to the California red-legged frog , western
pond turtle, and steel head shall be avoided. The plan shall include the following measures: pre-
Project surveys; worker awareness; cessation of work in occupied areas; relocation (if necessary)
of frogs, turtles, and steelhead from the work area by a professional biologist authorized by the
USFWS and/or CDFW; and monitoring by a qualified biologist during construction. Necessary
permits shall be obtained from the state (CDFW) and federa l (USACE and USFWS) regulatory
agencies with jurisdiction. Any other sensitive species observed during the pre-construction
surveys shall be relocated out of harm 's way by the qualified biologist into the nearest suitable
habitat as determined in consultation with the jurisdictional resource agency outside the
disturbance area .
BI0 -3c. Within 48 hours prior to construction act1v1t1es within 50 feet of Tank Farm Creek,
drainages, and seasonal wetlands , the Project site shall be surveyed for California red-legged frogs
by a qualified biologist. If any California red-legged frogs are found , work within 25 linear feet in
any direction of the frog shall not start until the frog has been moved from the area. The USFWS
shall be consulted for appropriate action; the Applicant shall obtain a Biological Opinion from the
USFWS and any additional authorization required by other regulatory agencies prior to the
commencement of work. The USFWS-qualified biologist, Environmental Monitor, or USFWS
personnel may determine that frog-exclusion fencing is necessary to prevent overland movement of
frogs if concerns arise that frogs cou ld enter construction areas. Frog-exclusion fencing should
contain no gaps and must extend at least 18 inches above ground ; fences may be opened during
periods of no construction (e.g., weekends) to prevent entrapment.
BI0-3d. Within 48 hours prior to consti·uction activities within 50 feet of Tank Farm Creek,
drainages, seasonal wetlands , and riparian habitat, the Project site sha ll be surveyed for western pond
turtles by a qual ified biologist. If any western pond turtles are found , work shall cease until the turtle
is relocated to the nearest suitable habitat. The qualified biologist shall monitor all ground breaking
work conducted within 50 feet of western pond tu1tle habitat. The City-approved biologist
Environmental Monitor may determine that silt fencing shall be install ed adjacent to western pond
turtle habitat if concerns arise that the western pond turtle overland movement could allow them to
access construction areas.
[B10-3e does not apply to the Mitigated Project.}
BI0-4. The required Biological Mitigation Plan shall address bat colonies for the Buckley Road
Extension site. Bat surveys shall be conducted in bui ldings proposed for demolition. If surveys
determine bats are present, bat exclusion devices shall be installed between August and November,
and building demolition would occur between November and March . If demolition of structures must
occur during the bat breeding season, buildings must be inspected and deemed clear of bat
colonies/roosts within seven days of demolition and an appropriately trained and approved biologist
must conduct a dai ly site-clearance during demolition. If bats are roosting in a structure in the Project
site during the daytime but are not part of an active maternity colony, then exclusion measures must
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include one-way valves that allow bats to get out but are designed so that the bats may not re-enter
the structure.
BIO-Sa. All exterior building li ghts fac in g Tank Farm Creek shall be hooded to prevent li ght
s pillover into the creek; all residential street lights over 10 feet in height shall be setback a minimum
of 100 feet from the top of the creek bank and hooded and/or d irected away from the creek. Any
night li ghting adjacent to the creek (e.g., walkway lights) shall be of low voltage and hooded
downward. Artificial li ght levels with in 20 feet of t he top of the creek bank s hall not exceed I -foot
candle or the lowest level of illumination found to be feasib le by the City.
BIO-Sb. Tank Farm C reek restoration/enhancement plantings sha ll include native vegetation, such
as oaks, cottonwoods, willows , and sycamores alon g the entire length of the Project's creek frontage
in order to minimize light spillover into the creek.
BI0-6. All work within I 00 feet of Tank Farm Creek, including work within the creek setback, shall
occur outside the rainy season (Apri l 15 to October 15, unless approved otherwise by the RWQCB),
during periods when the creek channel is dry and water flows are absent.
Cultural Resources Miti2ation
CR-2a. Data recovery through controlled grading of CA-SL0-2798/H shall occur prior to the start
of construction to seek buried features and additional diagnostic artifacts. The Applicant shall retain
a R egistered Profess ional Archaeologist familiar with the types of historic and prehistoric r esources
that could be encountered within the Project site and a Native American monitor to supervise the
controlled grading, which shall occur in 10-centimeter lifts to culturally sterile sediments or
maximum construction depth (whichever is reached first).
• Any formed tools exposed during grad in g sha ll be collected . If archaeological features are
exposed (including but not limited to hearths, storage pits, midden deposits, or structural
remains), the archaeologist sha ll temporarily redirect grading to another area so the features can
be exposed, recorded, and sampled according to standard archaeological procedures. Organic
remains s hall be dated using t he radiocarbon method and the geochemical source and hydration
rim thickness of any obsidian shall be determined. Technical analyses of plant remains, bone
and shell dietary debris, and other important materials sha ll also be perfonned.
• Artifacts, features, and other materials recovered through this process s hall be described,
illustrated , and analyzed fully in a technical report of findings ; the ana ly sis shall include
comparative research with other sites of sim ilar age. In addition to the technical report, the
findings from this research sha ll be published in an appropriate scien tific journal. The Applicant
shall fund all technical reporting and subsequent pub li cation.
CR-2b. Following completion of controlled grading of CA-SL0-2798/H , the Applicant shall retain
a Registered Professional Archaeologist and a Native American consultant to monitor a ll further
earth disturbances within Phase 5 to ensure that previously unidentified buried archaeological
d eposits are not inadvertently exposed and damaged. In the event archaeological remains are
encountered during grading or other earth di sturbance, work in the vicinity s hall be stopped
immediately and redirected to another location until the Proj ect archaeologist evaluates the
s ignificance of the find pursuant to City Archaeological Resource Preservation Program Guidelines.
If remains are found to be significant, they shall be subject to a Phase 3 mitigation program consistent
with City Guidelines and funded by the Applicant.
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CR-3a. Prior to the issuance of building and grading permits for Phase 1, the Applicant shall retain
a City-approved Registered Professional Archaeologist and a Native American monitor to be present
during all ground disturbing activities within the Project site and Buckley Road Exten sion site. In the
event of any inadvertent discovery of prehistoric or historic-period archaeo lo gical resources during
construction, all work within 50 feet of the discovery shall immediately cease ( or greater or le sser
distance as needed to protect the discovery and determined in the field by the Project archaeologist).
The Applicant s hall immediately notify the City of San Luis Obispo Community Development
Department. The Project archaeologist shall evaluate the s ignificance of the discovery pursuant to
City Archaeological Resource Preservation Program Guidelines prior to resuming any activities that
could impact the site/discovery. If the Proj ect archaeologist determines that the find may qualify for
listing in the CRHR, the site shall be avoided or sh a ll be s ubj ect to a Phase 3 mitigation program
consistent with City Guidelines and funde d by the Applicant. Work sha ll not resume until
authorization is received from the City.
CR-3b. Prior to construction, workers shall receive education regarding the recognition of possible
buried cultural remains and protection of all cultural resources, including prehistoric and historic
resources , during construction. Such training shall provide construction personnel with direction
regarding the procedures to be followed in the unlike ly event that previously unidentified
archaeological materials, including Native American burials, are discovered during constructio n.
Training would also inform construction personnel that exclusion zones must be avoided and that
unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The
training shall be prepared by the Proj ect archaeologist a nd shall provide a description of the cultural
resources that may be encou ntered in the Project site, outline steps to foll.ow in the event that a
discovery is made, and provide contact information for the Project archaeologist, Native American
monitor, and appropriate City personnel. The training shall be conducted concurrent with other
environmental or safety awareness and education programs for the Proj ect, provided that the program
elements pertaining to archaeological resow-ces is provided by a qualified instructor meeting
applicable professional qualifications standards.
GeoJ02ica1 Resources <from the Initial Study}
GE0-1. Design and construction of the buildings , roadway infrastructure and all subgrades shall be
engineered to withstand the expected ground acceleration that may occur at this site. The design shall
take into consideration th e soil type, potential for liquefaction, and the most current and applicable
seismi c attenuation methods that are available. All on-site structures shall comply with applicable
provisions of the 20 l O California Building Code (CBC), local codes that augment the 20 l O CBC, and
applicable California Department of Transportation se ismic design standards.
GE0-2. For commerc ial retail stores included in the project, goods for sale may be stacked no high er
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 sha ll be reviewed and approved by the City before approval of occupancy permits, and shall
be a standing condition of occupancy.
GE0-3. A geotechnical study sh all be prepared for the project site prior to site development. This
report sha ll include an analysis of the liquefaction potential of the underlying materials according to
the most current liquefact ion analysis procedures. If the s ite is confirmed to be in an area prone to
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Resolution No. 10832 (2017 Series) Page 14
seismically-induced liquefaction, appropriate techniques to minimize liquefaction potential shall be
prescribed and implemented. All on-site structures, transportation infrastructure and subgrades shall
comply with applicable methods of State and Local Building Codes and all transportation
infrastructur e s ha ll comply with the mo st current California D epartment of Transportation design
standards.
Suitabl e measures to reduce liquefaction impacts could include one or more of the following
techniques , as determined by a registered geotechnical engineer:
• specialized design of foundations by a structural engineer;
• removal or treatm ent ofliquefiable soils to reduce the potential for liquefaction;
• drainage to lower the groundwater table to below the level of liquefiable soil;
• in-situ densification of soi ls or other alterations to the ground characteristics; or
• other alterations to the ground characteristics.
GE0-4. The Site Geotechnical Investigation shall include an evaluation of the potential for soil
settlement beneath the project s ite.
If the project site is identified to be in a high potential for settlement zone based on the Site
Geotechnical Investigation, the building foundations , transportation infrastructure and subgrades
shall be designed by a structural engineer to withstand th e existing conditions, or the s ite shall be
graded in such a manner as to address the condition. Suitable measures to reduce settlement impacts
could include one or more of th e following techniques, as determined by a qualified geotechnical
engmeer:
• excavation and recompaction of on-site or imported soils;
• treatment of ex istin g soil s by mixing a chemical grout into th e soils prior to recompaction ; or
• foundation design that can accommodate certain amounts of differential settlement such as
post tensional slab and/or ribbed foundations designed in accordance with the California
Building Code (CBC).
GE0-5. The Site Geotechnical Investigation sh all include an evaluation of the potential for soil
expansion beneath the project site.
If the project site is identified to be in a high expansive so il zone based on the Site Geotechnical
Investigation, the foundations and transpo1tation infrastructure shall be designed by a structural
engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address
the condition. Suitable measures to reduce impacts from expansive soils could include one or more
of the following techniques, as determined by a qualified geotechn ical engineer:
• excavation of existing soils and importation of non-expansive soils; and
• foundation design to accommodate certain amounts of differential expansion such as post
tensional slab and/or ribbed foundations designed in accordance with the CBC.
GE0-6. Th e Site Geotechnical Investigation shall include soil parameter analyses to determine the
potential for subsidence at the project s ite . If the potential for subside nce is found to be significant ,
then structura l and grading engineering measures s hall be implemented to incorporate the r esults of
the geotechnical study. These measures would be simi lar to those recommended to mitigate impacts
to soil settlement.
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Resolution No. 10832 (2017 Series) Page 15
GE0-7. During drought periods, groundwater pumping limitations for the unconsolidated aquifer
underlying the project site shall be assessed and implemented to prevent soil subsidence.
Hazardous and Hazardous Materials Mithrntion
HAZ-1. Prior to earthwork and demolition activi ties, a site-specific Health an d Safety Plan shall be
developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements.
The Health and Safety Plan sh a ll include a ppropriate best management practices (BMPs) related to
the treatment, h andling, and disposal of N O A and ACMs. A N O A Construction and Grading Project
Form shall be submitted to the APCD prior to grading activities. All construction employees that
have the potentia l to come into contact with contaminated building materials and soil/bedrock s hall
be briefed on the safety p lan, including required proper training and use of personal protective
equipment. D uring ea1thwork and demolition activities, pro cedures shall be followed to e liminate or
minimize construction worker or general public exposure to heavy hydrocarbons and other potential
contam in ants in soil and groundwater, and potentia l ACMs w ithin potential demolished materials.
Procedures s hall includ e efforts to contro l fugitive dust, cont ain and cover excavation debris pi les,
appropriate laboratory analysis of soil for waste characterization, segregation of contaminated soil
from uncontaminated soil, and demolished materials. The app licable regulations associated with
excavation , removal, tran s p ortati on, an d disposal of contaminated soil shall be followed ( e.g., tarping
of trucks and waste manifesting).
HydroI01:y and Water Ouality Miti1:atiop
HYO-la. Prior to the issuance of any constru ct ion/grading permit and/or the commencement of any
clearing, grading, or excavation, the Appli cant shall submit a Notice of Intent (NOI) for discharge
from th e Project site to th e California SWRCB Storm Water Permit Unit.
HYO-lb. The Appli cant shall require the buildin g contractor to prepare and submit a Storm Water
Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of work for approval. The
contractor is responsible for understanding the State General Permit and instituting the SWPPP
durin g construction. A SWPPP for s ite construction shall be deve loped prior to the initiation of
grad in g and imp lemented for a ll construction activ ity on the Project site in excess of one ( 1) acre, or
where the area of disturbance is less than one acre but is pa1t of the Project's plan of development
that in tota l disturbs one or more acres. The SWPPP shall identify potenti al pollutant sources that
may affect the quality of discharges to stotm water, and shall include specific BMPs to control the
discharge of material from the s ite. T h e fo llow in g BMP methods shall include, but would not be
limited to:
• T emporary detention basins, straw bales, sand bagging, mulching, erosion contro l blankets, silt
fencing, and soi l stabili zers shall be used.
• Soi l stockpi les and graded slopes shall be covered after 14 days of inactivity and 24 hours prior
to and during inclement weather condi tions.
• F iber rolls shall be placed along the top of exposed slopes and at the toes of graded areas to
reduce surface soil movement, as necessary.
• A routine monitoring plan shall be impl e mented to ensure success of a ll onsite erosion and
sedimentation contro l measures.
• Dust control measures shall be impl emented to ensure success of all onsite activ it ies to control
fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
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Resolution No. 10832 (2017 Series) Page 16
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite (material
and container storage , proper trash disposal, constmction entrances, etc.).
• Sandbags, or other equ ivale n t techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
Additional BMPs sha ll be implemented for any fuel storage or fuel handling that could occur onsite
during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the
SWRCB. The SWPPP shall be s ubmitted to the City along with grading/development plans for
review and approval. The App li cant shall file a Notice of Completion for construction of the
development, identi fy in g that pollution sources were control led during the construction of the Project
and implementing a closure SWPPP for th e s it e.
HYO-le. Installation of the eight drainage outlets within Tank Fann Creek sh all occur within the dry
season (May through October).
HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan. The Master Drainage Pl an
shall address cumulative regional drainage and flooding impacts on the Project site, including
construction and stream stability, and set forth measures to coordinate Project drainage with Chevron
Tank Farm remediation and drainage improvements. The Master Drainage Plan sha ll be imp lemented
pursuant to the City's SWMP submitted by the City to the RWQCB under the NPDES Phase II
program and pursuant to the programs developed under the City of San Luis Obispo General Plan
and the C ity of San Luis Obi s po Waterways Management Plan . Th e Master Drainage Plan shall meet
the fo ll owing requirements:
• Development of a Construction Drainage Plan that details the control and retention of runoff
for each phase of construction, and clearly displays the location of bioretention fac iliti es, th eir
retention capacity and relationship to subsurface drainage culverts, alignment of creek and
drainage channels for each phase.
• Ensure that onsite detention faci li ties , particularly the pocket park/bioswale, are designed to
safe ly retain flood flow s using either gentl y slop in g exterior s lopes ( e .g., 4: 1) or provide safety
fencing around perimeters, consistent with applicable City standards .
• Characterization of drainage from the East-West Channel and conveyance of flows after
remova l of this channel.
• D emonstrate peak flows and runoff for each phase of construction.
• Be coordinated with habitat restoration efforts, including measures to min im ize removal of
riparia n and wetland habitats, contouri ng of creek in vert to create pools and removal of trash or
debris as appropriate.
• Location and extent of vegetated Swales designed to reduce sediment and particulate forms of
meta ls and other pollutants a long corridors of p lanted grasses or native vegetation.
• Location and extent of vegetated Filter Strips, 15-foot wide vegetated buffer strips that also
reduce sediment and particulate forms of metals and nutrients.
The u se, location and capac ity of Hydrodynamic Separation Products to reduce suspended solids
greater than 240 microns, trash and hydrocarbons. These hydrodynamic separators must be s ized to
handle peak flows from the Proj ect site consistent with app licable regulatory standards.
[HYD-2b and HYD-2c do not apply to the Mitigated Project.}
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Resolution No. 10832 (2017 Series) Page 17
HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall consider cumulative
regional drainage and flooding impacts of the Project, and shall be submitted to the City Public Works
Director for approval and shall meet the following requirements:
• There shall be no significant net increase in upstream or downstream floodwater surface
elevations for the 100-year floodplain as a result of changes in floodplain configuration and
building construction. A significant threshold of a 2.5-inch increase in floodwater surface
elevations or 0.3 feet per second increase in stream velocities shall be used. This shall be
demonstrated to the satisfaction of the City Engineer or County Public Works Director based
on an Applicant furnished hydraulic ana lysis.
• There shall be no significant net dec rease in floodplain storage volume as a result of a new
development or redevelopment projects. This can be achieved by a zero-net fill grading plan ,
which balances all fill placed on the 100-year floodplain with cut taken from other portions of
the floodplain within the Project site of the application, or with cut exported offsite.
Specifically , all fill placed in a floodplain shall be balanced with an equal amount of soil
material removal ( cut) and shall not decrease floodplain storage capacity at any stage of a flood
(2 , 10, 50 , or 100-year event).
A net increase in fill in any floodplain is allowed only when all the conditions listed in the Managed
Fill Criteria of the DDM are also met.
HYD-3b. All bridges , culverts , outfalls , and modifications to the existing creek channels must be
designed and constructed in compliance with the City's Drainage Design Manual and approved by
the City Engineer, USACE, CDFW, and Central Coast RWQCB , and must meet city standards and
po licies.
HYD-4a. A site-specific , geotechnical investigation shall be completed in areas proposed for HDD.
Preliminary geotechnical borings shall be drilled to verify that the proposed depth of HDD is
appropriate to avoid frac-outs (i .e., the depth of finest grained sediments and least fractures) and to
determine appropriate HDD methods (i.e., appropriate drilling mud mixtures for specific types of
sediments). The investigation shall include results from at least three borings, a geologic cross
section , a discussion of drilling conditions , and a history and recommendations to prevent frac-outs.
HYD-4b. A Frac-out Contingency Plan shall be completed and shall include measures for training,
monitoring , worst case scenario evaluation, equipment and materials, agency notification and
prevention , containment, clean up, and d isposal of released drilling muds . Preventative measures
would include incorporation of the recommendations of the geotechnical investigation to determine
the most appropriate HDD depth and drilling mud mixture. In accordance with the R WQCB , HDD
operations shall occur for non-perennial streams such as Tank Farm Creek only when the stream is
dry , and on ly during daylight hours . In addition, drilling pressures shall be close ly monitored so that
they do not exceed those needed to penetrate the formation. Monitoring by a minimum of two City-
approved monitors (located both upstream and downstream, who will move enough to monitor the
entire area of operations) shall occur throughout drilling operations to ensure swift response in the
event of a frac-out, whi le containment shall be accomplished through construction of temporary
benns/dikes and use of silt fences , straw bales, absorbent pads, straw wattles, and plastic sheeting.
Clean up shall be accomplished with plastic pails, shovels, portable pumps, and vacuum trucks. The
Frac-out Contingency Plan shall be submitted to the City, and the RWQCB shall review the plan.
HYD-5 . A Development Maintenance Manual for the Project shall include detailed procedures for
maintenance and operations of any storm water facilities to ensure long-term operation and
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Resolution No. 10832 (2017 Series) Page 18
maintenance of post-construction storm water controls. The maintenance manual shall require that
storm water 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 15 1h) and immed iately after the end of the rainy season
(i .e., May 15 1h). The manual shall also require that all devices be checked after major sto1m events.
The Development Maintenance Manual shall include the following:
• All loading docks and trash storage areas shall be setback a minimum of 150 feet from the top
of the creek bank. No outdoor storage or larger trash receptacles shall be permitted within this
setback area. All trash and outdoor storage areas shall be operated to reduce potential impacts
to riparian areas ;
• Runoff shall be directed away from trash and loading dock areas;
• Trash and loadin g dock areas shall be screened or walled to minimize offsite transport of trash;
• Bins shall be lined or otherwise constructed to reduce leaking of liquid wastes;
• Trash and loading dock areas shall be paved;
• Imp ermeable berms , drop inlets , trench catch basin , or overflow containment structures around
docks and trash areas shall be installed to minimize the potential for leaks, spills or wash down
water to enter the drainage system and T ank Farm Creek; and,
Th e developer or acceptable maintenance organization sha ll complete in spection s of the s ite to ensure
compliance with BMPs and water quality requirements on a semi-annual basis (May 15 an d October
15 of each year). A detailed summary report prepared by a licensed Civil Engineer shall be submitted
to the City of San Luis Obispo Public Works Department. The requirements for inspection and report
submittal shall be recorded against the prope1ty.
Noise Miti2ation
NO -la. Except for em ergency 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 d emolition 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 sin g le-fam ily residential, 80 dBA for multi-family residential ,
and 85 dBA for mixed residential/commercial land uses, as shown in Table 3.9-8 and Table 3.9-9 of
the FEIR, across a residential or commercial property line.
NO -lb. For all construction activity at the Proj ect s ite, noise attenuation techniques shall be
employed to ensure that noise level s are mainta ined within levels allowed by the City of San Lui s
Obi spo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise leve ls above 65 dBA at the Project
boundaries shall be shielded with a barrier that meets 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.
• The movement of construction-related vehicles, with the exception of passenger vehicles, along
roadways adjacent to sens itive receptors s hall 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.
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Resolution No. 10832 (2017 Series) Page 19
NO-le. The contractor shall inform residents and business operators at properties within 300 feet of
the Project site of proposed construction timelines and noise complaint procedures to minimize
potential annoyance related to construction noise. Noise-related complaints shall be directed to the
City's Community Development Department.
N0-3a. R-1 and R-2 residential units planned in the area of the Project site within 300 feet of Buckley
Road and R-4 units in the northwest corner of the Project site shall include noise mitigation for any
potential indoor space and outdoor activity areas that are confirmed to be above 60 dBA as indicated
in the Project's Sound Level Assessment. The following shall be implemented for residential units
with noise levels exceeding 60 dBA:
• Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60 dBA,
noise reduction measures shall be implemented , including but not limited to:
• Exterior liv ing spaces of residential units such as yards and patios shall be oriented away from
Project boundaries that are adjacent to noise-producing uses that exceed exterior noise levels of
CNEL = 60 dBA, such as roadways and industrial/commercial activities.
• Construction of additional sound barriers/berms with noise-reducing features for affected
residences.
• Exterior Glazing. Exterior window glazing for residential units exposed to potential noise above
Ldn =60 dBA shall ach ieve a minimum Outdoor-Indoor Transmission Class (OITC) 24 / Sound
Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes shall be used.
• Exterior Doors Facing Noise Source. According to Section 1207. 7 of the California Building
Code, residential unit entry doors from interior spaces shall have a combined STC 28 rating fo r
any door and frame assemblies. Any balcony and ground floor entry doors located at bedrooms
shall have an STC 30 rating. Balconies shall be oriented away from the northwest property line.
• Exterior Wall.s. Construction of exterior walls shall consist of a stucco or engineered building
ski n system over sheathi ng, with 4-inch to 6-inch deep metal or wood studs, fiberglass batt
insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board on the interior
face of the wall. If possible, electrical outlets shall not be installed in exterior walls exposed to
noise. If not possible , outlet box pads shall be applied to all e lectrical boxes and sealed with
non-hardening acoustical sealant.
• Supplemental Ventilation. According to the California Bui lding Code, supplemental ventilation
adhering to OITC/STC recommendations shall be provided for residential units with habitable
spaces facing noise levels exceeding Lctn=60 dBA, so that the opening of windows is not
necessary to meet ventilation requirements. Supplemental ventilation can also be provided by
passive or by fan-powered , ducted air inlets that extend from the building's rooftop into the
units. If installed, ducted air inlets shall be acoustically lined through the top-most 6 feet in
length and incorporate one or more 90-degree bends between openings , so as not to compromise
the noise insulating performance of the residential unit's exterior envelope.
• Sound Walls. Sound walls shall be bui lt on the north and east property lines of the Project in
Phase 3 that adjoin Submban Road. The barrier shall consist of mortared masonry . Further,
proposed carports with solar canopies shall be installed around the western and northern
perimeter of the R-4 units, and these units shall be setback a minimum of 100 feet from the
property line.
• Landscaping. Landscaping along the north and east Project site boundaries that adjoin Suburban
Road shall include a line of closely space trees and shrubs with sufficient vegetative density to
help reduce sound transmission.
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N0-3b. Buckley Road widening improvements shall include the use of rubberized asphalts or
alternative paving technology to r educe noise levels for sens iti ve receptors near the roadway
Public Seryjces Mithrntion
PS-1. The Applicant s hall prepare and implement a brief Security Plan for the Proj ect site. The
Security Plan s hall be prepared in consultation with the SLOPD and address public safety concerns
in common or public spaces , parks, bike paths and open space areas , the commercial center, and
parking lots. The Security Plan shall set forth lighting requirements, security recommendations for
parks , open space and trails (e.g., visibility, li ghting, etc.), and establish rules for use of the public
areas.
PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share contribution to a future
citywide or area-wide fire protection service development impact fee program. Additionally, the
AASP s hould be amended to include a fee program to fund the C ity 's fifth fire stat ion and/or integrate
such fair share fee programs into t he proposed Community Facilities District (CFD).
Transportation and Traffic Miti2a tion
TRANS-1. The Applicant shall prepare a Construction Transportation Management Plan for all
phases of the proposed Project for review and approval by the City prior to issuance of grading or
building permits to address and manage traffic during construction. Th e Plan shall be d es ign ed to:
• Prevent traffic impacts on the smTotmding roadway network;
• Restrict construction staging to within the Proj ect s ite;
• Minimize parking impacts both to public parking and access to private parking to the greatest
extent practicable;
• E nsure safety for both those construction vehicles and works and the surrounding community;
and
• Prevent substantia l truck traffic through residential neighborhoods.
The Construction Tran sportation Management Plan shall be subject to review and approval by the
Public Works Director to ensure that the Plan has been designed in accordance with th is mitigation
measure. This review shall occur prior to issuance of grading or building permits. It shall, at a
minimum, include the following ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transp011ation Management Plan for work zones shall be maintained.
At a minimum, this shall include parking and travel lane configurations; warning, regulatory,
guide, and directional signage ; and area sidewalks, bicycle lanes, and parking lanes. The Plan
sh all include specific information regarding the Proj ect's construction activities that may
disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such
Plan shall be reviewed and approved by the Community D evelopment Department and
implemented in accordance with this approval.
• Work within the public right-of-way shall be reviewed and approved by the City on a case by
case basis based on the magnitude and type of construction activity. Generally, work shall be
performed between 8:30 AM and 4:00 PM. This work includes dirt hauling and construction
material del ivery. Work within th e public right-of-way outside of these hours shall only be
allowed after the issuance of an after-hours construction permit administered by th e Building
and Safety Division. Additionally, restrictions may be put in place by Public Works Department
depending on particular construction activities and condition s.
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Resolution No. 10832 (2017 Series) Page 21
• Streets and equipment shall be cleaned in accordance with established Public Works
requirements.
• Trucks shall only travel on a City-approved construction route . Limited queuing may occur on
the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred location for
materials is to be onsite , with a minimum amount of materials within a work area in the public
right-of-way, subject to a cun-ent Use of Public Property Permit.
• Provision of off-street parking for construction workers, which may include the use of a remote
location with shu ttle transport to the site , if determined necessary by the City.
• Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
• The traveling public shall be advised of impending construction activities that may substantially
affect key roadways or other facilities (e.g., information signs , portable message signs, media
listing/notification , and implementation of an approved Construction I mpact Mitigation Plan).
• A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit,
as well as any Caltrans permits required for any construction work requiring encroachment into
public rights-of-way , detours, or any other work within the public right-of-way shall be
obtained.
• Timely notification of construction schedules shall be provided to all affected agencies (e.g.,
Police Department, Fire Department, Public Works Department, and Community Development
Department) and to all owners and residential and commercia l tenants of property with in a
radius of Y<i mile .
• Construction work shall be coordinated with affected agencies in advance of start of work.
Approvals may take up to two weeks per each submittal.
Public Works Department approval of any haul routes for construction materials and equipment
deliveries shall be obtained.
T RANS-2a . The Applicant shall create and submit a Transportation Improvement Phasing Plan to
the City for review and approval , and shall ensure that construction of the Project follows the
sequential phasing order utilized in the TIS for such improvements. The Plan shall address the timing
and genera l design of all on and offsite transportation improvements.
[TRANS-2b through TRANS-2/ do not apply to the Mitigated Project.}
TRANS-3a. Project roadway and driveway design shall be reviewed and approved by the City to
ensure compliance with City engineering standards and not conflict with intersection functio n al areas
(e.g., aligning driveways on opposite sides of the roadway, position d r iveways as far upstream from
intersections as possible).
T RANS-3 b. The Applicant shall install traffic calming measures (e.g., speed bumps, pedestrian bu lb-
outs, etc.) to control speed levels along internal roadways of the Project site, including the extensions
of Venture Drive, Horizon Lane, and Jespersen Road as required by Policy 8.1.3.
TRANS-4. The Appl icant shall prepare an improvement plan for Horizon Lane, Earthwood Lane,
and Suburban Road, including roadway, bicycle, and pedestrian improvements. Improvements shall
be constructed by the Applicant in coordination with the phasing p lan required by MM TRANS-2a,
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Resolution No. 10832 (2017 Series) Page 22
to ensure the Applicant constructs all offsite roadway improvements in a timely manner consistent
with Proj ect phasing. The Project Applicant shall:
• Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance with
City standards for a commercial collector of width between 44 to 60 feet from Suburban Road
to the Project boundary. This plan shall be developed in coordination with adjacent property
owners and the City Public Works Department. Horizon Lane shall not be connected to the
Project s ite until such a plan has been completed and improvements are completed in
accordance with the phasing plan, as part of Phase 4. The section of Horizon Lane/Jespersen
Road from the Proj ect boundary to Buckley Road shall be designated as a residential collector
with a width of roadway between 40 and 60 feet. Construction of the Horizon Road from
Suburban Road to Phase 4 of the Project s hall be completed and open to travel prior to the
issuance of any occupancy permit for the 1001h residential unit of Phase 4 development.
• D esign and improve the intersection of Horizon Lane/Suburban Road to be consistent with City
U nifonn D esign Criteria and Municipal Code Standards.
• Coordinate with the property owners a long Earthwood Lane and City staff to complete the
Earthwood Lane Extens ion to the Proj ect s ite as part Phase 1. Earthwood Lane shall be
developed to full City sta ndards for a residential co llector. Residential collectors sha ll be 44 to
60 feet wide as required by the City's Uniform Design Criteria.
• Coordinate with the property owners along Suburban Road and City staff to prepare a detailed
improvement plan for Suburban Road to bring this road into conformance with City standards .
This plan shall address widening of substandard sections near the east end of this roadway,
completion of missing sidewalk segments, installation of street trees, pedestrian crossings ( e.g.,
Suburban Road at Earthwood Lane). In accordance to the City's Engineering Standards and
Specifications -Uniform D es ign Criteria, a commercial collector road shall be 44 to 68 feet
wide to effective ly serve commercial and industrial uses. Improvements from Earthwood Lane
to Higuera Street shall be done as part of Phase 1. Improvements from Earthwood Lane to
Horizon Lane shall be done as part of Phase 4 development, prior to the connection of Horizon
Lane with th e Project s ite.
• Prepare a detailed phasing plan that identifies reasonable timing of such improvements for
Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed in
close coordination with City staff. Con struction of the Suburban Road improvements from
Horizon Road from Ea1thwood shall be completed and open to travel prior to iss uan ce of an
occupancy permit for the 1001h residential unit of Phase 4 development. The Suburban Road
improvement from Earthwood to Higuera and the Eartbwood improvements on the Project site
and between the Project and Suburban shall be completed prior to issuance of the occupancy
permit for the p r dwelling uni t.
TRANS-5 . The Applicant shall pay a pro-rata fair share fee to fund the in stallation of a roundabout
at the Buckley Road/SR 227 intersection as identifi ed in the SLOCOG SR 227 Operations Study.
The City s hall collect the fair s hare fee and coordinate payment of Project fair share fees to help fund
improvements with the County. Alternatively, the City should consider an amendment of the AASP
impact fee program to establish a new areawide fee to help fund improvements to the intersection to
offset cumulative development impacts . If an amended AASP fee is created by the City it will suffice
as appropriate mitigation for the Project's participation in these improvements.
TRANS -6. The Applicant shall design and construct the extension of the northbound right tum-lane
at the South Street/Higuera Street intersection, to provide more storage capacity.
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Resolution No. 10832 (2017 Series) Page 23
TRANS-7a. The Applicant shall design and construct a second northbound left-tum lane at the
intersection of South Higuera Street/Prado Road. The Applicant shall also pay a fair share fee for the
widening of Prado Road C reek Bridge west of South Higuera Street by participating in the citywide
transportation im pact fee program .
TRANS-7b. The Applicant shall design and construct a second southbound left-tum lane at the Tank
Farm Road/South Higuera Street intersection.
[TRANS-7c and TRANS-7d do not apply to the Mitigated Project.}
TRANS-Sa. The Proj ect is located w ithin th e Lo s Osos Valley Road interchange Sub Area fee
program, and , as such, the App licant sha ll pay the Los Osos Valley Road s ubarea fee , for the cost of
reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange project and improvements
along Los Osos Valley Road. The fee shall be associated with the number of dwelling units and the
square footage of commercial d evelopment in the Proj ect site and shall be paid the time of building
permit issuance.
TRANS-Sb. In coordination with the Applicant, the City shall retime the traffic signa l at Los Osos
Valley Road/South Higuera Street intersection and installation of s ignage at the South Higuera
Street/Buckley Road intersection (terminus of the Buckley Road Extension) to inform drivers of
additional access to U.S. Highway 101 at Ontario Road . The City Public Works Department sha ll
ensure the improvements and signage meet safety criteria.
TRANS-lOa . The Applicant shall design and construct ADA-compliant s idewalks and ADA ramps
on the east side of South Higu era Street to provide continuous paths of trave l from the City limit line
to Los Osos Valley Road.
TRANS-JOb. The Applicant sha ll design and construct continuous s idewa lk s along the east s ide of
South Higu era Street from Vachell Lane to Los Osos Valley Road including ADA ramps at the
Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-6 in the FEIR.
TRANS-JOc. The Applicant shall design and construct continuous ADA-compliant sidewa lks and
ADA ramps along the south side of Suburban Road from South Higuera Street to Earth wood Lane.
A receiving ramp shall be installed on the north side of Suburban Road at Earthwood Lane.
TRANS-I 1. The Applicant sha ll construct two (2) separated bicycle bridges on each s ide of Buckley
Road at Tank Farm Creek and prov ide connections to Buckley Road so as to provide continuous and
safe bicycle routing along Buckley Road. These sections of roadway and creek crossings are under
the jurisdiction of the County and would need to meet both City and County design standards to the
greatest extent feas ible and are subject to approval of the City's Pub lic Works Director.
TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that adequate service would
be provide to the two proposed bus stops and Project area. The bus stops sha ll be constructed by the
Applicant w ithin the respective phase's development area. To assure adequate service is provided to
the two new bus stops onsite, the Applicant shall pay for and install any physica l improvements to
Earthwood Lane and Suburban Road needed to accommodate future service to the si te . In addition,
the proposed transit service ons ite shall meet standard s stated in Pol icy 3.1.6, Service Standards.
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Reso lution No. 10832 (2017 Series) Page 24
TRANS -13. The City shall amend the Citywide TIF to include a fee program for the installation of
a second southbound right-tum lane at the Los Osos Valley Road/South Higuera Street intersection,
or create a separate mitigation fee for this purpose. The Applicant shall pay its fair share of the
improvement costs t h roug h the paymen t of the Cityw ide TIF or t he ad hoc mi tigatio n fees, as
appropriate, to the C ity prior to issuance of building permits .
TRANS-14. If approved by C ity Counci l, the City shall amend th e TIF, or som e other fee program,
to inc lude a fee program for the installation of a C lass I bicycle path from Buck ley Road/South
Higuera Street intersection to Los Osos Valley R oad/U.S. Highway 101 southbound ram ps
intersection , connecting to the Bob Jones Trai l. The Applicant shall pay its fair share fee to fund the
improvement through th e adopted fee program. A lternatively , the City may establish a specia l or ad
hoc m itigation fee program to fund the Project's share of these im provements.
TRANS -15a . The Applicant shall pay its fair share fee to the City to fund t he widening of the Prado
Road/South Higuera Street intersection to accommodate a dual left-tum lane, dual thru-lanes, and a
rig ht-turn lane on a ll approaches. Part of th is share may be co ntained w ithin existin g fee programs or
u ltimately incorporated into the Citywide TIF program. If amended into the C ityw ide TIF an impact
fee program, payment of those fees wi ll address project impacts.
T RANS-15b . The Applicant s h a ll pay its fair share mitigation fees to fund improvements to th e
intersection of Higuera/Tank Fann Road to provide: 1) extension of the north bound right-tum lan e,
2) the install ation of a "pork c hop" island to assist pedestrian crossings, and 3) widening on the south
s ide of T ank Farm to provide a sli p lane for right turni ng traffic. The City should consi d er
incorporating thi s improvement into th e AASP Fee program.
TRANS-15c . The City sha ll review the cross sections for improvements to Tank Farm Road/Horizon
Lane i ntersection as proposed w ithin AASP to ensure long-tenn geometrics meet the objectives of
the Genera l Plan. T he App li cant shall pay fair share mi tigation fees to fund the install ation of a n
ad ditional n orthbound right-tum lane or a roundabout at the Tank Farm Road/Horizon Lane
intersection. The City should consider incorporating this improvement into the AASP fee program.
T RANS-15d . The A pplicant sha ll pay its fair share fees to fun d the installation of a traffic signal or
a single-lane ro u nd about at the Buckley R oad/Vachell Lane intersection. Whi le not required, this
work may be implemented as part of the Buckley R oad extension being installed as part of Phase 2
of the Project. Th e C ity should consider incorporating this improvement into the AASP fee program.
Utilities Miti2ation
UT-2. T h e size, location , and alignment of all on-and offsite water, wastewater, and energy
infrastru cture offsite shall be subject to review and approval by t he C ity's Publi c Wo rks and Uti lit ies
Departments. The Appli cant shall be respons ible for con structing a ll required onsite and offsite uti lity
improvements and well as for repaving of damaged roadways.
Section 2 . Specific Piao Amendment, General Plan Amendment, Development Plan,
and Yestin2 Tentative Tract Map Approval with Findin2s & Conditions . The C ity Counci l
does hereby approve app li cation GENP 13 19-2015; SPEC/ER-1318-201 5; SBDV 2042-2015, a
Specific P lan Amendment (to reflect maps, policy language and data consistent with the
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Resolution No. 10832 (2017 Series) Page 25
Development Plan), Genera l Plan Amendment (to update the Land Use Map, Circulation Map, and
relevant statistical data consistent with the Development Plan), Development Plan, and Vesting
Tentative Tract Map , to allow up to 720 dwel ling units, including an 20-unit density bonus
consistent with City requirements, based on the following findings and foregoing Mitigation
Measures, and subject to the following conditions being incorporated into the Vesting Tentative
Tract Map:
Findim:s ;
1. The project area was identified as one of four 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 Avila Ranch Development Plan, which encompasses a portion
of the Airport Area Specific Plan, was prepared to implem ent this aspect of the General Plan.
2. The Avila Ranch Development Plan and Airport Area Specific Plan as amended are consistent
with policy direction for the area included in the General Plan, specifically Land Use Element
Policy 8.1.6, which identifies the Avila Ranch area as a Special Focus Area (SP-4), subj ect to
policies for the developm ent of a specific plan and ce1iain broad development parameters and
princip les. The Development Plan and Airport Area Specific Plan as amended are also
consistent with all other applicable General Plan policies, as described and analyzed in Section
7.0 of the Jun e 28 , 2017 , staff r eport to the Planning Commission for this project, and as
di sc us sed further within the Final EIR.
3. The Airport Area Specific Plan Amendment, General Plan Amendment and Re zone allow the
implem entation of the Avila Ranch D eve lopm ent Plan by:
• Updating the City's General Plan and Specific Plan land use maps to reflect the
development pattern included in the Avila Ranch Development Plan;
• Updating the City 's General Plan and Specific Plan circu lation maps to reflect the
circulation system included in the Specific Plan; and
• Rezon ing the site to be consistent with the General Plan, Specific Plan , and Developm ent
Plan.
4. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General
Plan and Specific Plan because it is consistent with the Avila Ranch Development Plan , it
respects exist ing environmental site constraints, will add to the City's residential hou s ing
inventory , allow fo r appropriate non-residential development, and provides needed
infrastructure and roadway improvements identified in the City's General Plan and Airport
Area Specific Plan .
5. The Avila Ranch project was reviewed by various City advisory bodies, including the
Architectural Review Commission, Bicycle Advisory Committee, and Parks and Recreation
Commission, and incorporates input consistent with their direction.
6. The Airport Land Use Commission found th e Avila Ranch Development Plan project as
proposed to be consistent with the Airpo11 Land Use Plan .
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Resolution No. 10832 (2017 Series) Page 26
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 subdivis ion, and the project is consistent
with the pattern of development prescribed in the Avila Ranch Development Plan.
9. Th e proposed project will provide affordable housing con sistent with the intent of California
Government Code §659 15 , an d in compliance with City policies and the Hous in g E lement.
10. The Tentative Map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the California Env ironmental Quality Act,
as implemented through the Avila Ranch Final EIR.
Yestin2 Tentative Tract Map Conditions:
Planning
I. 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 Proj ect.
2. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) sha ll receive fu ll and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to enterin g any contractual obligation to purchase, lease, rent, or othetwise occupy any
property or properties within the airpott area consistent with the applicable provisions of the
of the Airp01t Area Specific Plan and Avila Ranch Development Plan.
3. Prior to final map, County of San Luis Obispo Avigation easements shall be recorded for
each parcel within the development.
4. 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 timin g of construction of
affordab le units on-site, and with guarantees to ensme time ly d e livery of all of the required
affordable housing units. The Affordable Housing Agreement must be included as an exhibit
to the Development Agreement, and include appropriate guarantees to ensure the timely
delivery of affordable housing units , dedication ofreal property , or payment of in-lieu fees ,
consistent with the applicab le sections of the Airport Area Specific Plan and Av ila Ranch
Development P lan.
5. 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 C ity shall promptly
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Resolution No. 10832 (2017 Series) Page 27
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 subdiv ider shalt not thereafter be responsible to
defend, indemnify, or hold the C ity harmless.
Engineerin g Development Review
Dedications and Easements
6. Any easements including but not limited to provisions for all public and private utilities,
water welts , access, grading, drainage, agriculture / open space, slop e banks, construction,
public and private streets/alleys, pedestrian and bicycle facilities , common driveways , and
maintenance of the same s h all 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 th e City. Said easements may be provided for in part or in total as
blanket easements .
7. 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, stom1water facilities , utility easements, bridges, bike bridges,
transit stops, bikeways, pedestrian paths, signa li zed in tersections, traffic circles , and
roundabouts .
8. The final map and improvement plans shall clearly delineate the City-County linut line along
Vachell Lane and Buckl ey Road. The subdiv ision boundary shall consider said limits. Th e
map or an additional map sheet may be required to clearly delineate the limits and extent of
some or all of the off-site dedications to further clarify how and where the several mitigation
measures and conditions wi ll be satisfied. Future, concurrent and/or prior recordations may
need to be included on th e map, additional map sheet , or improvement plans for reference.
9. The subdivider shall dedicate a 1 O' wide street tree easement and public uti li ty 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.
l 0. The subdivider shall include a separate offer of dedication for any offsite easements located
outside the tract boundary and/or map phase if needed for orderly development, circulation,
access, and/or utility extens ions. The developer may, at the discretion of the City, be
requested to provide a separate offer of dedication for any easements related to a future
map/development phase where said easement(s) may be required for order ly development
and nu ght otherwise sunset with a map offer only.
11. P1ior to and at the time of approval of the first final map for the project, a Community
Facilities District (CFD) or other s imilar financing mechan ism acceptable to the C ity, shall
be fully operational, and all assessments shall be fully authorized and imposed on the project
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Resolution No. 10832 (2017 Series) Page 28
site which are necessary to fully fund, in perpetuity, the maintenance of the phased public
improvements to the satisfaction of the City. If necessary , the subdivider shall provide start-
up funding for the CFD in an amount to be dete1mined by the City Engineer in the event
there is insufficient funding for City to maintain the public improvements until full build-
out of the project. Avila Ranch shall include within the Covenants, Conditions and
Restrictions (CC&Rs) required for each subdivision of the Property a requirement that the
Master Homeowners' Association, and or each Homeowners' Association for a subdivision
within the Property (each, an "HOA"), shall assume responsibilities to maintain , repair and
insure the following items in the event that such financing mechanism is dissolved or in the
event that the fees , assessments, or taxes generated thereby are repealed or reduced other
than by discretionary action by the City Council. In such event the HOA shall assume
responsibility to maintain , repair and insure for the publicly-owned facilities within the
Property (as to a Master HOA) or subdivision (as to another HOA), including but not limited
to, Parks A through F , Hand I , and "Stevenson Park"; landscaped parkways and trees ; low-
impact-development treatment facilities; riparian open space, but expressly shall not assume
responsibility to maintain, repair and insure streets , curbs, gutters, sidewalks, regional parks
(Park G), farmed agricultural open space, landscape paseos connecting the public parks,
retaining walls adjacent to the open space corridors, bike paths, bike path bridges and bike
path facilities (including bike paths and bike path facilities in the County). Avila Ranch shall
include the City as a third-party beneficiary of these CC&Rs in language acceptable to the
City Attorney, which shall grant the City the right to perfonn the maintenance, repair and
insurance obligations and to impose assessments against the affected parcels in the event an
HOA fai ls to perfonn its obligations under this subparagraph (4).
12. 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 sp ecifically identified upon th e formation of the CFD.
Private improvements may include but are not limited to streets/alleys, parking lots , walks
and paths, sewer mains/laterals, drainage systems, detention basin(s ), lighting, landscape,
landscape irrigation, common areas, pocket parks, and linear park improvements.
13. All 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 designates them as offered to the City and
the City, in fact, accepts maintenance responsibility for them. A separate encroachment
agreement, in a form approved by the City Attorney, shall be recorded for any private
stonnwater systems, piping, BMP's, and other components of such systems that are
approved for location within the public right-of-way.
14. A notice of requirements or other agreement acceptable to the City of San Luis Obispo shall
be recorded upon the City's written request in conjunction with recordation of each phase of
the Final Map to clarify development resh·ictions , fee payments, conditions of development,
and references to any pertinent conditions of approval related to this map, off-site
requirements, and/or the interaction of each map phase with a future map and/or
development phase.
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Resolution No. 10832 (2017 Series) Page 29
15 . Off-site dedication/acqu isition of property for public right-of-way purposes will be
necessary to facilitate orderly deve lopment, anticipated build-out imp rovements, and/or to
satisfy mitigation measures, conditions of approval, or comp1iance w ith City Standards and
policies. The subd iv ider shall work w ith the C ity, Cou nty of San Lui s Obispo, and the land
owner(s) to acquire the necessary r ights-of-way . In the event the su bdivider is unable to
acquire said rights-of-way, the City Counci l may cons ider lending the subdivider its powers
of cond emnation to acquire the off-site right-of-way dedication, including any necessary
slope and drainage easements . If conde mn ation is required, t he subdiv ider s hall agree to pay
all costs associated with th e off-site right-of-way acquisition (including attorney fees and
court costs). Th e developer shall confer w ith the County of San Luis O bispo on any
condemnation processes necessary for rights-of-way within the County.
16. With respect to a ll off-site improvements, prior to fi ling of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the imp rovements by showing t itle or
interest in the prope1ty in a form acceptable to the City Engineer; or,
b. Demon strate, in wri t ing, that the subdivide r has exhausted all r easonable efforts to
acquire interest to the subject property and request that the City assist in acqu iri ng t he
property required for the construction of such improvements and exercise its power
of eminent domain in accordance with Government Code Section 66462.5 to do so, if
necessary. Subdivider s ha ll a lso enter into an agreement with the City to pay all costs
of s uc h acquisition including, but not limited to , all costs associated w ith
condemnation. Said agreement shall b e in a form acceptable to the City Engineer and
the C ity Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptab le to the City Engineer, the follow ing documents regarding
the property to be acquired:
1. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authori zed to practice land survey in g in the State
of California;
11 . Preliminary title report including chain of title and li tigation guarantee;
11 1. Appraisal of the prope1ty by a City approved appraiser. In the course of
obtaining such appraisal , the property owner(s) must be g iven an opportunity
to accompany the appraiser during any inspection of the property or
ackn owledge in writin g that they knowingly waived the right to do so;
1v . Copies of a ll written con-espondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appra ised price .
v. P rior to submittal of the aforementioned documents for City Engineer
approval, the Subdivider shall deposit with the C ity all or a portion of the
anticipated costs, as determined by the City Attorney, of the condemnatio n
proceedings. The City does not and cannot guarantee that the necessary
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property rights can be acquired or will , in fact, be acquired. All necessary
procedures of law would apply.
Transportation and Subdivision Improvements
17 . 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 sha ll be presented to the City for rev iew and approval prior to the
preparation of the related improvement plans or final map approval for each subsequent map
or construction phase. Any temporary or pennanent emergency access location,
construction, and controls shall be in accordance with the Fire Code, City Engineering
Standards, and shall be approved to the sati sfaction of the Fire Depa1tment and Public Works
Depa1tment.
18. Fire Department access shall be provided for each buildin g construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide su itable
Fire Department hydrant access, circulation routes , passing Janes , and tum-around areas in
accordance with current City codes and standards.
19 . All public streets shall conform to City Engine eri ng Standards and the spec ific 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 and
concepts identified in the specific plan and/or represented on the tentative map, th e C ity
E ng ine er shall make the final determination of design approval and/or exceptions.
20. All subdivision improvements shall be consistent with the City Engineering Standards
except where the applicant has requested and been granted a formal design exception by the
City Engineer. Design exceptions s hall be requested in a format approved by the City and
shall be accompanied by the required application and review fee . The applicant shall
summari ze the need for the request, alternatives, and may be asked to 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 sha ll be approved
by the City Engineer prior to submittal of complete public improvement plans.
21. Final street section s shall be approved in conjunction with the review and approval of the
final project drainage repo1t. The final design shall consider drainage , transitions, and
accessibi lity.
22. Final traffic circle and roundabout geometry shall be consistent with applicable engineeri ng
standards and design guidelines.
23. The developer shall record a Notice of Requirements with each map phase regarding the
designed and in stall ed traffic calming devices and that the subd iv is ion is not e li gib le for a
future Residential Parking District or Neighborhood Traffic Management program
process mg.
24. The improvement plans sha ll in clude a line-of-s ig ht analysis at appli cab le intersections to
the sat isfaction of the Public Works Department. Fence heights and plantings in the areas of
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Resolution No. 10832 (2017 Series) Page 31
control shall be reviewed in conjunction with the analysis. A separate record ed agreement
or Notice of Requirements for private property owner, HOA , or CFD maintenance of sight
lines may be required as a condition of the City Engineer's approval of the development
plans.
25. The subdivision improvement plans s hall include full on-site and any off-site public and
private improvements as required to satisfy a ll mitigation measures, spec ifi c plan
requirements, and conditions of approval. The plans sha ll comply with the City Engineering
Standards, Bike Pl an, Community Design Guidelines, Cal Trans Highway Design Manual,
Specific Plan, City policies , and applicable County of San Luis Obispo Public Improvement
Standards.
26. Separate p lans and permits are required from the County of San Luis Obispo for work or
construction staging within County public rights-of-way. Said plans shall be provided to the
City of San Luis Obispo for review and approval of consistency with the project mitigation
measures, conditions of approval , Development Plan, Specific Plan , and conformance w ith
the subdivision improvements.
27. Unless otherwise specifically approved and accepted for over-sight by the City, all
stormwater BMP's related to t he widening and/or extension of Buckley Road shall be subject
to the review and approval of the County of San Luis Obispo. The encroachment permit
issued for this work will establish additional conditions and restrictions that may require
maintenance responsibilities be provided by the CFD or HOA, in p erpetuity.
28. Detailed plans shall be provided for any off-site or out-of-phase improvements in
conjunction with the proposed phasing plans unless preliminary or final de signs are needed
for orderly development and/or to substantiate the design of an adjoining phase.
29. Any jurisdictional permits from authorities other than the City, including but not limited to ,
those from th e Anny Corps of Engineers, California Fish and Wildlife Service, and the
R egional Water Quality Contro l Bo ard s hall be obtained prior to the City 's approval of
improvement plans and the Developer's commencing with work for any construction phase
subject to the jurisdiction of such regulatory agencies.
30. Access ri ghts shall be offered for dedication to the City and/or County of San Lui s Obispo
along Buckley, South Higuera, Vachell, Earthwood, Venture , and Jespersen except at
approved driveway locations.
31. Th e subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, s idewalk vau lts, fusing, wiring, and lwninaires along all existing and
proposed City streets per City Engineering Standards, and each proposed an d existing
intersection with Buckley Road per the County of San Luis Obispo Public Improvement
Standards.
32. Private street lighting may be provided along the private streets/alleys/parking areas , pocket
parks, and lin ear parks per C ity Engineering Standards and/or as approved in conjunction
with the final ARC approvals.
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Resolution No. 10832 (2017 Series) Page 32
33. 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 subdiv ision. Trees and
other Landscaping proposed in the County right-of-way must be approved by County Pub li c
Works, and the encroachment permit will establish maintenance and liability conditions , in
perpetuity.
34. 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 ofrequirements attached to the final map. Trees
not previously noted and approved for removal shall b e retained unless otherwise
specifically approved for removal by the City. A tree preservation plan shall be provided by
a Cert ifie d Arbo ri st and approved by the City for any trees to rema in or to be re located.
35. Improvement plans for the entire subdivision, inc luding any off-site improvements shall be
approved to the satisfaction of the Publi c Works Department, Utilities D epartment, and Fire
D epartment prior to map recordation. Off-site improvements may include but are not limited
to roadways, sewer mains, water mains, recycled water mains, and storm drain
improvements. Off-site improvements may include off-site access roadways , transportation
improvements, and utility system improvements.
36. A separate demolition permit will be required from the Building Division for the removal of
any existing stmctures and related infrastructure. Building removals are subject to the
Building Demolition R egulatio ns including the additional notification and timing
requirements for any structure over 50 years old.
37. The improvement plans shall clearly show all ex1stmg structures, site improvements,
utilities, water wells , septic tanks , leach fields , gas and w ire services, etc. The plan shall
include any p ertin e nt off-site water well and private waste disposal systems that are located
within regulated distances to the proposed drainage and utility improvements. The plan sha ll
include the proposed disposition of the improvements and any proposed phasing of their
demolition and removal.
38. The map and improvement plans shall show and clarify the extent of all existing publi c and
private easements. The developer shall provide any additional clarification regarding the use
and disposition of any water wells. Any private water well serv ic e piping that crosses or is
proposed to cross an existing or future public right-of-way shall be approved by the City and
shall be covered by an Encroachment Agreement to be recorded in a format approved by the
City. The developer shall provide any additional clarifications, amendments, and/or quit-
claims on any outstanding private easement agreements, as necessary.
39. Street paving shall be phased in accordance with City Engineering Standard 7110 unless un-
pbased construction is otherwise specifically approved by the C ity Engineer. Phased
construction of the new street pavement sha ll provide for the ultimate structura l street section
and pavement life per the City's Pavement Management Plan and City Engineering
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Resolution No. 10832 (2017 Series) Page 33
Standards. The engineer of record shall detail the phased paving requirement in the pub li c
improvement plans to the satisfaction of the City Engineer.
40. The improvement plan submittal shall include a complete construction phasing plan in
accordance w ith 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 , stockpil e, grading, or improvement plan subm ittal. General truck routes
shall be s ubmitted for review and acceptance by the City. The eng in eer 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 del ivery, and vertical construction loading estimates on
the existin g City of San Luis Obispo 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 w ith City Engineering Standards and guidel in es, or
3) sha ll propose a pavement repair/rep lacement program satisfactory to the City Engineer.
The roadway impacts analysis and mitigation strategy shall be approved prior to
commencing with grading or construction.
41. The developer shall acqu ire and provide a copy of the County as-built or r ecord improvement
plans for Venture Lane and the adjoining improved sections of Vachell Lane. The as-built
condition of improvements and pavement design life analysis shall be approved to the
sati sfaction of the City Engineer. Th e sub di v ision improvement plans shall show and note
any upgrades to Venture and Vachell Lane, the City Engi neer d etermines are required to
meet current ADA and City Engineering Standards prior to acceptance of the improvements.
42. Street lighting, signage, strip in g, and street s ignage upgrades may be required per C ity
Engineering Standards for the intersection of Venture and Vachel!. Any required
improvements shall be included in the subdivision improvement plans.
43. R etaining wa ll and/or reta ining wall /fence combinations along property lines shall be
approved to the satisfaction of the Plannin g Divisio n and s hall conform with the zoning
regulations for a ll owed combined heights or shall be approved through the ARC, Specific
Plan, or separate Fence Height exception process.
44. The ARC plans and public improvement plans s hall s h ow the location of the proposed mai l
receptacles or mail box units (MBU's) to the satisfaction of the Post Master and the City
Engineer. The s ubdivider shall provide a mai lbox unit or multiple units to serve all dwelling
units within t his development as required by the Post Master. MBU 's sha ll 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 estab li sh any recommendations
regarding the number, size, location, and placement for any MBU's to serve the several
neighborhoods and occupancies.
45. Porous concrete, p avers, 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 feasib le
within the over-al l drainage design for water quality treatment/retention in accordance w ith
the specific plan and General Plan.
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Resolution No. 10832 (2017 Series) Page 34
46. The subdivision improvement plans s hall show that accessibility to all common areas , linear
parkways, and connecting neighborhood paths/trails is achieved per th e ADA and the
California Building Code to the satisfaction of the City Engineer and Building Official.
Utilities
47. Potable city water sh all 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 Pennit is available from the City's Utilities
Department. Recycled water is readily available near the intersection of South Higuera and
Suburban Road, and sha ll be stubbed within tbe project site with a temp orary filling station
/ recycled water hydrant assembly before grading operations begin.
48. Prior to issuance of a building permit in phase 1, the development 's r ecycled water system
s hall have: an 8-inch recycled water system along Suburban Road from South Higuera to
Earth wood Lane, and along Earthwood Lane from Suburban Road to Venture Dri ve.
Subsequent phases of the development w ill need to add an 8-inch recycled water system
along Venture Drive from Earthwood Lan e to Jespersen Road, along Jespersen Road from
the south end of Horizon Lane to Buckley Road, and along Buckley Road from Jespersen
Road to the east boundary of the subdivision.
49. Water flow rates and velocities shall comp ly with the requirements of the 20 16 Potable
Water Distribution System Operations Master Plan. The City of San Lui s Obispo s hall 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 pem1it in Phase
l , the development's water system shall have: a 12-inch water main extending southerly
along Vachell Lane from South Higuera to Earthwood Lane, along Earthwood Lane from
Vachell Lane to Suburban Road. Phase l shall a lso include a pressure reducing valve (PRY)
station at the intersection ofVachell Lane and Venture, and a second PRY at the intersection
of Earthwood Lane and Suburban Road . Each PRY station shall include a primary and a
secondary pressure reducing valve, a radio survey, telemetry radio, contro l panel, lo g ic , and
all auxiliary infrastructure for creation of a new pressure zone. Subsequent phases of the
development shall add a 12-inch water main extending along Jespersen Road from Hughes
Lane to Buck ley Road, and along Buckl ey Road from Jespersen Road to the east boundary
of the subd ivi s ion .
50. Sewer flow rates and velocities shall comply with the requirements of the 2016 Wastewater
Co ll ection System Infrastructure R enewal Strategy. Prior to issuance of a building permit in
Phase 1, the development's sewer system shall have : an 8-inch corrosion resistant gravity
sewer main extending along Tank Fann Road from the Tank Farm Lift Station to Long
Street; a 6-inch sanitary sewer force-main extending from Tank Farm Road along Long
Street continuing through public roads to the Buckley Lift Station. The Buckley Lift Statio n
shall be designed to collect and h·ansmit the flow rates of each development phase, meet
scour velocities in the force-main, include a duplex station with pre-rotation basins, a natural
gas stand-by generator, surge control valves, and a block wall around th e perimeter of the
station. All associated permits, easements, fees, and appurtenances sha ll be provided for
construction of a functional lift stat ion . Subsequent phases of the development shall add a
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Resolution No. 10832 (2017 Series) Page 35
sewer collection system that flows by gravity into the Buckley Lift Station without the use
of siphons, and shall provide additional pump capacity needed at Tank Farm Lift Station for
build out conditions.
51. 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 lift station to the
new lift station and proposed park . 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.
52. All proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time of improvement p lan approval , and shall have alignments for
maintenance of publ ic infrastructure acceptable to the Public Works Department. All pub lic
utilities shall be within the public right of way, and final alignments of all water and sewer
mains shall be approved by the Utilities Engineer.
53. All existing sewer and water infrastructure impacted by the proposed road improvements
located outside of the tract boundary shall be relocated by the development per the
Engineering Design Standards and to the satisfaction of the Utilities Director.
54. City utilities proposed for location/encroachment within the County portions of Buckley
Road , Buckley Road extension , and Vachel! Lane shall be approved by the C ity and County
via an encroachment permit issued by the County to the deve loper or City, and prior to
approval of the in1provement plans. If an encroachment permit is not issued by the County,
the plans shall be revised to omit said encroachment(s).
55. The subdivision grading and improvements plans shall clearly show the horizontal and
ve11ical alignment of the existing high pressure gas main for reference. The plans shall honor
the existing easement provisions , li ne location and protections to the satisfaction of the Gas
Company.
56. 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 fi nal 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.
57. The limit, extent, and method of termination for all public utilities shall be approved for each
map/construction phase 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 Uti lit ies 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.
58. 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 add itional
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Resolution No. 10832 (2017 Series) Page 36
clearances within the pavement section of all streets to accommodate the several City pub lic
utility mains.
59. 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 pennit 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.
60. A final sewer report and supporting documentation for the design of the public sewer mains
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. Alternatives to extend the sewer collection system along the
Buckley Road extension from Vachell Lane to South Higuera shall be included in the sewer
report, and sewer easements shall be identified by the developer from the county to intercept
existing sewer mains east of Highway 101.
61. 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.
62. Any widening of streets w ith existing overhead wire utilities shall include the
w1dergrounding of the existing wiring . The C ity Engineer may require replacement
streetlights per City Standards where streetlights exist on wood poles.
63. The developer shall exhaust all reasonable efforts to e li minate or underground the existing
overhead wiring located along the tract boundary. The elimination and/or undergrounding
shall consider existing services and/or utilization equ ipment 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.
64. Preliminary undergrounding p lans 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 ofrecord and
the City for review and approval prior to commencing with the PGE final handout package.
The fina l PGE handout package shall be approved by the engineer of record and City prior
to commencing with construction.
65. 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 uti lizing
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Resolution No. 10832 (2017 Series) Page 37
recycled water require backflow protection on a ll potable service connections. Three sets of
irrigation plans shall be submitted for review during the City's improvement plan and/or
building pe1mit review process. Th e public neighborhood park within the 11.55-acre parcel
located in the eastern part of the development can have the option of using a grou ndwater
well for irrigation, in accordance with the municipal code, in addition to the recycled water
service being provided by the vesting tentative map.
66. The proj ect's Landscape Plan s hall be consistent with prov1 s1ons of the City's water
conservation efforts in effect at the time of development, requiring an Estimated Total Water
Use (ETWU) below the Maximum Applied Water Allowance (MAW A).
Grading, Drainage, & Stormwater
67. Any pennit approvals required from the Anny Corps of Engineers, California Fish and
Wildlife Service, or the R egiona l Water Control Board s hall be secured and presented to the
City prior to the approval of any subdivi s ion grading and/or improvements related to the
jurisdictional area for each construction phase. The engineer of record sha ll review the
permit approvals and any specific permit conditions for compliance with the plans,
subdivi sion improvement designs, drainage system design/report, and soils report. Th e
engineer of record s hall forward the permits to the City with a notation that he or she has
reviewed the plans and determined that the design of the improvements are in general
conformance with the permits.
68. The public improvement plans subm itt a l shall clarify how any wetlands, creek corridors, and
riparian habitat areas will be preserved to the satisfaction of the Natural Resources Manager.
Includ e any specific details for the proposed creek crossings in accordance with any
preservation strateg ies , mitigation measures , and other requirements and needed permits
from agencies with jurisdiction or permitting authority. Sensitive areas s hall be staked,
fenced , or otherwise delineated and protected prior to commencing w ith construction,
grading, or grubbing.
69. The developer sha ll exhaust reasonab le efforts to eradicate and control the expansion of any
known non-native invasive plant spec ie s to the satisfaction of the Natural Resources
Manager. These plants may require treatment in advance and prior to commencing with
ground disturbing activities and gradin g.
70. Expansion index testing or other soils analysis may be required on a lot-by-lot basis for all
graded pads and for in-situ soi ls on natural lots in accordance with the cmrent Building
Codes or as otherwise deemed necessary by the City Engineer or Buildin g Official.
71. Final pad ce1tifications shall include the certification of pad construction and elevations. The
soil s engineer sh all 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
s uitab le for their intended use.
72. Cut and fill s lopes 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
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Resolution No. 10832 (2017 Series) Page 38
necessary for slope protection and maintenance. Unless otherwise approved for pub lic
maintenance by the City Engineer, brow ditches and drainage collection devices shall be
maintained by private property owners , a prope1ty owner association , CFD , Homeowners
Assoc iation, or funded by another Funding Mechanism.
73. A separate easement agreement for the existing unnamed channels, drainages, and creek
corridors 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 CFD, Homeowners
Association, or private property owner maintenance responsibilities, limitations in use
within the easement area, and City access rights for maintenance in an emergency or if the
responsible party fails to maintain .
74. The subd ivision 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 , b ikeways , parks, and bridges where applicable. Th e
s ubmittal sha ll provide additiona l ana lysis if s ite accessibil ity will not be provided and for
any feature or element where access ibility is purpo1tedly not required. The accessibility
regulations or guidelines in effect at the time of subdivision improvement construction will
be applied.
75. The subdi vision improvement plans, grading plans, drainage plans, and drainage reports
shall show and note compliance with City Codes, Standards and Ordinance s, Floodplain
Management R egulations, specific plan stormwater provisions, Waterways Management
Plan Drainage D es ign Manual , and the Post Construction Stormwater Regulation s as
promulgated by the Regional Water Quality Control Board , whichever pe1tinent section s are
more restrictive.
76. The final grading/reta ini ng wall designs proposed along the creek con-idors shall by
approved to the satisfaction of the City Engineer, Community D evelopment Director, and
Natural Resources Manager. The developer shall exhaust all reasonable efforts to provide
natural slopes, planted rock s lop es , gravity walls, stacked rock walls, or other approved
materials. Wall designs s hall comply with City Engineering Standards , the Waterway
Management P lan, and City policy/design guidelines. The preferred wall design(s) may
require additional encroachment into the channel and/or adjoining developed lands.
77. The improvement plan submittal s hall include a complete gradi ng, drainage, and erosion
control plan. The proposed grading, drainage plan, and rep01ts 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 all adjoining developed or undeveloped
parcels shall be considered.
78. The final drainage report and improvement plans shall consider the drainage impacts from
both the existing phase I construction and build-out run-on from Tract 2943 (Earthwood).
79. The final drainage report and improvement plans shall consider run-on from the developed
parcel at 125 Venture. The plans shall clarify the purpose and intent of the existing partially
failed concrete channe l located near the toe of s lope along the easter ly and southerly property
lines of 125 Venture. The developer s hall work with the ups lope prope1ty owner to resolve
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Resolution No. 10832 (2017 Series) Page 39
any maintenance issues, shall accept the drainage, or shall notify the City of any alternate
strategy to address any current drainage system failures , concentrate drainage, and erosive
outlet(s).
80. The final drainage report and improvement plans shall consider run-on from the undeveloped
parcel located at the northeast corner of Vachell and Venture. The plans shall clarify how
the historic drainage will be collected and conveyed in an approved manner to a non-erosive
outlet. Off-site improvements necessary to re-direct, collect, and/or convey the drainage
shall be included in the subdivision improvement plans.
81. The project plan and reports shall show compliance with the City's Floodplain Management
Regulations and FEMA requirements. Portions oftbe project are located within an unstudied
A 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 Specia l 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 for each pertinent phase of construction. The Community
Acknowledgement form may require the signatures of both the City of San Luis Obispo and
County of San Luis Obispo. The LOMR-F shall be approved by FEMA prior to acceptance
of the final building pad and development grades by the City of San Luis Obispo and prior
to building permit issuance.
82. The revised IOO-year flood lim its shall be shown and noted on the improvement plans and
an additional final map sheet for reference. The drainage repo1t and final plans shall clarify
the 100-year flood elevations, clearances, and freeboard at all new vehicle bridge,
pedestrian/bike bridge, and any pipe bridge crossings of the creek corridors.
83. The improvement plans sha ll clarify the extent of improvements at each respective water
well site related to the proposed grading, 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.
84. 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.
85. The final drainage report, Post Construction Stormwater Regulation compliance strategy,
and improvement plans shall include a ll required design details . 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 to minimize the impacts to the detention basin(s).
86. 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 shal l consider any City or
State regulations or guidelines regarding trash removal available at the time of public
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improvement plan development and shall be approved to the satisfaction of the City
Engineer.
87. The developer shall prepare an Operations and Maintenance Manual for review and approval
by the City in conjunction with the development of any stormwater BMP 's that will be
maintained by the Homeowners Association, Property Owner Association, CFO , or by
private property owners. A Private Stormwater Conveyance Agreement shall be recorded in
a format provided by the City prior to fina l inspection approvals and acceptance of
subdivision improvements.
88. The subdivider/developer shall provide notification to private property owners regarding any
individual maintenance responsibility of any parkway or backyard stormwater BMP 's in
accordance with Section E.2 of the RQWCB Resolution R3-2013-0032. The notification
may be by Notice of Requirements or other method acceptable to the City.
89. The stormwater improvements other than City Standard public storm drain infrastructure
shall be maintained by CFD, private property owners , property owner association, and/or an
HOA. A separate encroachment/hold harmless agreement may be required in conjunction
with certain improvements proposed for location within the public rights-of-way.
90. The final details for 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.
91. The proposed detention basins and any pre-basin shall be designed in accordance with the
Wate1ways 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 discharge. The outlet(s) design and location shou ld 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.
92. If applicab le , the CC&R's shall entitle the owners of 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
unless they will otherwise be self-contained in regards to stormwater requirements . 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 strategies and/or
subdiv ision designs and their own Homeowners Association/prope1ty owner associations.
The association or private property owner 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 concun-ently with recordation of the Final Map. A Notice of
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Annexation or other appropriate mechanism to annex future phases of the subdivisions into
the HOA, including but not limited to any shared regional d etention basin, shall be recorded
concurrently with the map.
93. 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.
Th e existing channe l shall be cleared of any ill egal dumping, construction debris , grade level
crossings, or other deleterious material to the satisfaction of the City Natural Resources
Manager.
94. The project soi ls engi n eer sha ll review the final grading and drainage plans and Low Impact
Deve lopm ent (LID) improvements . The so il s report shall include spec ific recommendations
related to publi c 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.
95. 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 th e City in conjunction
with the Public Improvement Plan subm ittal and subseque nt building plan sub mi ttals. 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 submittal s for demolitions , grading, and new construction.
96. 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 Di strict (APC D) to the C ity regarding compliance with all local, state , and
federal regulations including but not limited to the National E mi ssion Standards for
Hazardous Air Pollutants (NESHAP) regulations related to Natura ll y Occurring Asbestos
(NOA) prior to plan approval, permits, and commenc ing with development grading.
Transportation Division -Public Works Department
97. Unless a design exception is approved by the Publi c Works Director, the final map shall
conform to C ity adopted Engineering Standards, Engineering Specifications, Polici es and
Plans.
98. Project construction and infrastructure sha ll be completed in the sequentia l phase order as
evaluated in the Avila Ranch Final EIR and Transportation Impact Study, or as agreed to
between the City and Developer. If phasing is modified, amendments to the Development
Plan and EIR may be required.
99. The app licant s hall s ubmit a final Transportation Improvement Phasing Plan for each final
map development phase of the Proj ect for City review and approval prior to recordation of
the first fina l map.
100. Buckley Road Extension The Buckley Road Extension from Vachell to South Higu era
Street, which includes a Class I bicycle path to the north side of the road, Class II bicycle
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lanes on both sides of the road; improvements to the intersection of Buckley Road at Higuera
Street including widening of Higuera Street for dedicated northbound right turn lane and
southbound left tum lane; installation of a traffic signal with pedestrian cross ing devices
(including striping and signage) and streetlights; and improvements to the intersection of
Buckley Road at Vachel Lane including widening of Vachel Lane for dedicated southbound
right and left tum lanes, widening ofBuckely Road for a dedicated eastbound left turn lane,
and insta llation of street lights, shall be constructed by the subdivider prior to issuance of
the occupancy permit for the first unit of Phase 2 deve lopment. Design and construction of
these improvements shall be initiated by the applicant prior to issuance of building permits
for Phase 2. In conjunction with these improvements, the app licant shall be responsible for
submitting improvement p lans for retiming of the traffic signal at South Higuera & Los Osos
Valley Road, and for installation of signage at the South Higuera & Buckley intersection to
inform drivers of additional access to Highway 101 at Ontario Road. Prior to recordation of
the Phase 1 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. Please refer
to Engineering Development Review condition on dedi cations and easements.
I 01. Ea rth wo od L an e Ext ension The extension of Earthwood Lane from the project site north
to its existing terminus south of Suburban shall be constructed by the subdivider prior to
issuance of bui lding pennits for Phase 1 development. This extension shall be constructed
to full City Standards for a residential collector with a width of 44 to 60 feet. The cross
section for the off-site extension of Earthwood shall be modified in the final map to include
eight-foot Class II b ike lanes in place of on-street parking. The applicant shall be responsible
for addition of curb markings, striping and signage to prohibit on-street parking on one side
of the street in order to add Class II bike lanes along the existing segment ofEarthwood Lane
south of Suburban. 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. Please refer to Engineering Development Review condition on
dedications and easements.
The existing section of Earth wood Jane shall be restriped to add Class II bike lanes by removing
parking on one side of the street. The striping design shall be determined as part of
preparation of the Public Improvement Plans in consultation with sun-ounding property
owners.
102. Suburba n Ro ad Imp rovem ents The subdivider shall prepare a detai led improvement plan
for Suburban Road to bring this road into confonnance with City Standards for a commercial
collector road with a width of 44 to 68 feet. Improvements include widening of substandard
sections near the east end of the roadway , completion of sidewalk segments , installation of
street trees , pedestrian crossings, addition of Class II bike lanes, and striping improvements
at the South Higuera & Suburban intersection to extend the length of the westbound left-and
right-tum lanes . Improvements from South Higuera to Earthwood shall be designed and
construction shall be initiated prior to issuance of building permits for Phase 1 development.
Improvements shall be completed prior to issuance of an occupancy permit for the 1st
residential unit of Phase 1 development. Improvements from Earth wood to
Horizon/Jespersen shall be designed and construction shall be initiated prior to issuance of
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building permits for Phase 4 development. Improvements shall be completed prior to
issuance of an occupancy permit for the 100th residential unit of Phase 4 development. Prior
to recordation of the final map fo r each phase, the applicant shall complete the design of
these improvements and exhaust a ll feas ibl e efforts to acquire the necessary off-site
dedications, easements, and agreements for construction all to the satisfaction of the Public
Works Department. Please refer to Engineering Development Review condition on
dedications and easements.
10 3. Va ch ell & Venture, Vachell & Earth wood Ingress and egr ess to the development in Phase
1 at the intersections of Vachell & Venture and Vachell & Earthwood shall be restricted to
emergency veh ic les, transit, bicycles and pedestrians only . Construction of access
restrictions shall be completed by the su bdiv ider and operational prior to occupancy of Phase
I development, but may also need to be completed during construction periods to mitigate
vehicle intrusion to the satisfaction of the Public Works Director. These access restrictions
shal l be removed upon completion of the Buckley Road Extension in Phase 2 .
I 04. South Higuera & Vachell Measures to resttict left turns into and out of the intersection of
South Higuera & Vachell shall be constructed by the subdivider after the Buckley Road
Ex tension is complet ed under Phase 2 of the D evelopmen t Plan . Improvements shall be
designed and construction shall be initiated prior to issuance of building permi ts for Phase 2
development. Improvements shall be completed prior to issuance of the occupancy permit
for the first residential unit of Phase 2 development.
105 . Vachell Lane Bike Lanes Un less otherwise approved by the Public Works Director, prio r
to issuance of building permits for Phase 1, the subdivider shall install Class II bicycle lanes
along Vachell Lane between Buckley and South Higuera. Work within the County right-of-
way sha ll require an encroachment permit by the County D epa1tment of Public Works which
may establish additional conditions.
10 6. Jespersen Road/Horizon Lane Connection to Suburban The subdivider shall prepare a
detailed improvement plan for the Jespersen Road/Horizon Lane connection between
Suburban Road a nd the project boundary to b ri ng this road into conformance with C ity
standards for a commercial collector of width between 44 and 60 feet. This shall include
improvements to the intersection of Suburban and Horizon/Jespersen to be consistent with
City Engineering Standards. Construction of these improvements s hall be initiated prior to
issuance of building permits for Ph ase 4 development and improvements shall be completed
by the subdivider and open to travel prior to issuance of an occupancy permit for the 100th
residential unit of Phase 4 development. Prior to recordation of the fina l map the applicant
shall complete the design of this improvement and exhaust a]l feasib le efforts to acquire the
necessary off-site dedications, easements, and agreements fo r construction a ll to the
satisfaction of the Public Works Depa1tment. Please refer to Engineering Development
Review condition on dedications and easements.
I 07. Buckley Road Frontage Improvements Design and construction of all Buckley Road
improvements along the project frontage from the Tank Farm Creek Bridge to the eastern
site boundary, including but not limited to , a Class I path to the north side of the road and
Class TI b ike lan es, shall be ini tiated pri or to issuance of building permits for Phase 4
development. I mprovements s ha ll be completed no later than the issuance of an occupancy
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permit for the 50th residential unit of Phase 4 development.
10 8. Buckley Road Intersection Co nn ections All new intersection connections to Buckley Ro ad
shall include, but not be limited to, widen in g of Buckley Road at eac h proposed intersection
to the subdivision for a dedicated left tum lane, widening in accordance with HDM 405.7
for h igh speed intersections, and installation of street lights. All work shall require an
encroachment permit issued by the County.
109. Buckley Road Bicycle Bridges at Tank Farm Creek. A separate bicycle bridge shall be
constructed on each side of the existing Buckley Road-Tank Farm Creek bridge (two total
bicycle bridges). Improvements shall be constructed concurrentl y with the extens ion of
Buckley Road to South Higuera prior to Ph ase 2.
110. Earthwood & Venture, Jespersen & Venture, Jespersen & Wright Brothers. Single lane
roundabouts shall be constructed by the subdivider at the intersections of Earthwood &
Venture (Phase 1), Jespersen & Venture (Phase 4) a nd Jespersen & Wri gh t Brothers Way.
(Phase 4) prior to the issuance of building pennits for the phase in which each is to be
constructed. Prior to recordation of the fina l map, the applicant shall comp lete the design of
the roundabouts to the satisfaction of the Pub li c Works Di rector. The final map shall reflect
any Jot adjustments resulting fro m final roundabout design .
111 . South Higuera Pedestrian Improvements . The subdivider shall design and construct
ADA-compliant s idewalks and pedestrian ramps on the east si d e of South Higuera to provide
a continuous path of t rave l from Vachel! Lane to the City L imit. Design a nd con struction of
improvements between Vachell Lane and Los Osos Valley Road shall be initiated prior to
issuance of building permits for Phase I development. Improvements shall be completed
prior to issuance of an occupancy pennit for the first residential unit of Phase 1 development.
Design and construction of improvements between Los Osos Va ll ey R oad and the C ity Limit
shall be initiated p rior to issuance build ing permits for Phase 2 development. Improvements
shall be completed prior to issuance of an occupancy pem1it for Phase 2 development.
112 . South & Higuera . T he subdivider sha ll design and construct the extension of the
northbound right-turn lane from Higuera to South as illustrated in Figure 3.12-4 of the
project EIR. Design and construction of improvements shall be initiated prior to issuance of
building permits for Ph ase 1 development. Improvements shall be completed and o perational
prior to the iss uance of occupancy permits for the first residentia l unit for Phase 1
development. These improvements may be eligib le for credits for project payments of the
Citywide TIF program, as detem1ined by the Public Works Director.
11 3 . South Higuera & Prado Near-Term Improvements. The City will und ertake widen in g of
the Prado Road Bridge and installation of a second northbound left-turn lane at the
intersection of South Higuera & Prado as a capital improvement project. The applicant shall
a lso contribute a fair s hare fee for w id en ing of the Prado Road Bridge j u st west of South
Higuera through payment of appli cable Citywide transportation impact fees. If the City
amends the Citywide TIF or AASP impact fee program to inc lude install ation of a second
northbound left-turn lane at the South Higuera & Prado intersection, payment of these impact
fees shall suffice as appropriate m itigat ion for the project's participation in these
improvements. If the Citywide TIF or AASP impact fee programs are not amended to include
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this improvement, the City may establish an ad hoc fee program for that purpose. The
applicant shall pay its fair share of the improvement by payment of the amended Citywide
TIF or the ad hoc fee.
114. Tank Farm & Sou th Higuera Near-Term Im provements. The subdivider shall design
and construct the extension of the second southbound left-tum lane from Higuera to Tank
Farm. Design and construction of improvements shall be initiated prior to issuance of
building permits for Phase I development. Improvements shall be completed and operational
prior to the issuance of occupancy permits for the first residential unit for Phase 1
development. These improvements are part of the AASP financing plan and may be eligible
for credits or reimbursements, as determined by the Public Works Director.
115. Prior to issuance of building permits, the subdivider shall pay applicable Citywide, Los Osos
Valley Road Subarea and AASP Subarea transportation impact fees.
116 . Prior to recordation of the final map for each development phase, the subdivider shall pay
its fair share mitigation costs proportional to each phase for the intersection improvements
prescribed in the project EIR (see Table 29 of Appendix P -Transportation Impact Study).
Additional fair share mitigation contributions for cumulative project impacts are required as
follows:
a. B uckley & State Route 227. The applicant shall pay fair share mitigation fees to fund
the installation of a roundabout at the intersect ion of Buckley & State Route 227. If
the City amends the AASP impact fee program to include this improvement, this fee
will suffice as appropriate mitigation for the project's participation in the
improvements at this intersection. The applicant shall pay the applicable impact fees
prior to issuance of a building pennit for each unit. If the AASP impact fee program
is not amended to include the improvement, the applicant shall pay its fair share
mitigation cost as prescribed in the project EIR prior to recordation of the final map
for Phase I.
b . So uth Higue ra & Los Osos Va ll ey Road. The applicant shall pay fair share
mitigation fees to fund the installation of a second southbound right-tum lane at the
intersection South Higuera and Los Osos Valley. If the City amends the Citywide TIF
program to include this improvement, this fee will suffice as appropriate mitigation
for the project's participation in these improvements and shall be paid prior to
issuance of building permits for each phase. If the Citywide TIF is not amended to
include this improvement, the City may establish an ad hoc fee program for that
purpose and the applicant shall pay its fair share mitigation cost prior to final map
recordation for each phase. The applicant shall pay its fair share of the improvement
by payment of the amended Citywide TIF or the ad hoc fee.
c. So ut h Hig ue ra Class I Path . The applicant shall pay fair share mitigation fees to
fund the construction of a Class I bicycle path from the Buckley Road & South
Higuera intersection to the Los Osos Valley & Highway 101 southbound ramps
intersection connecting to the Bob Jones Trail. If the City amends the Citywide TIF
to include this improvement, this fee will suffice as appropriate mitigation for the
project's participation in these improvements and shall be paid prior to issuance of
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building permits for each phase. If the Citywide TIF is not amended to include this
improvement, the City may establish an ad hoc fee program for that purpose and the
applicant shall pay its fair share mitigation cost prior to final map recordation for each
phase. The applicant shall pay its fair s hare of the improvement by payment of the
amended Citywide TIF or the ad hoc fee.
d. So uth Higuera & Pra do C umulative Improvements . Prior to issuance of building
permits, the applicant shall pay fair share mitigation fee to the City to fund the
widening of the Prado & South Higuera intersection to accommodate a dual left-tum
lane, dua l through lanes, and a right-tum lane on all approaches. Part of this share may
be contained within existing fee programs and may ultimately be incorporated in full
into an amended Citywide TIF program. If amended into the Citywide TIF fee
program, payment of those fees will suffice as appropriate mitigation for the project's
participation in the improvements at this intersection and shall be paid p rior to
issuance of building permits for each phase. If not amended into th e Citywide TIF
program, the fair s hare mitigation fee s hall be determined by the City prior to
recordation of final maps and will b e adjusted annually based on Engineering News-
Record's Construction Cost Index (CCI) until final bui lding permits are complete.
Alternatively, th e applicant could pay th e full fee as part of final map recordation for
each phase of development.
e. South Higuera & Tank Farm Cumulative Improve ments. The applicant shall pay
fair share m itigation fees to fund improvements to the intersection of South Higuera
& Tank Farm to provide: I) the extension of the northbound right-turn Jane , 2) the
install ation of a "pork c hop" island to assist pedestrian crossings, and 3) widening on
the south side of Tank Farm to provide a slip lane for right-turning traffic. If the City
amends th e AASP program to include this improvement, this fee will suffice as
appropriate mitigation for the project's pa1ticipation in these improvements. If the
AASP program is not amended to include this improvement, the fair share mitigation
fee shall be determined by the C ity prior to recordation of final maps and will be
adjusted annually based on Engineering News-Record's Constrnction Cost Index
(CCI) until final building permits are complete. Alternatively, the app li cant could pay
the full fee as part of final map recordation for each phase of development.
f. Tank Fa rm /Horizon . The applicant shall pay fair share mitigation fees to fund the
in stall ation of an add itional northbound right-turn lane or roundabout at the
intersection of Tank Farm & Horizon. If the City amends the AASP program to
include this improvement, this fee will suffice as appropriate mitigation for the
project's participation in these improvements. If the AASP program is not amended
to include this im provement, the fair share mitigation fee s hall be determined by the
City prior to recordation of final maps and will be adjusted annually based on
Engineering News-Record's Construction Cost Index (CCI) until final building
permits are complete. Alternatively, the applicant could pay the full fee as part of final
map recordation for each phase of development.
g. B uckl ey/Vacbell. The applicant shall pay fair share mitigation fees to fund the
installation of a traffic signal or s ing .le-lan e roundabout at the in tersectio n of Buckl ey
& Vachel!. While not required, this work may be implemented as part of the Buckley
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Road extension being installed prior to Phase 2 development. If the City amends the
AASP program to include this improvement, this fee will suffice as appropriate
mitigation for the project's participation in these improvements. If th e AASP program
is not amended to include this improvement, the fair share mitigation fee s hall be
determined by the City prior to recordation of final maps and will be adjusted annually
based on Engineering News-Record's Construction Cost Index (CCI) until final
building permits are complete. Alternatively, the applicant could pay the full fee as
part of final map recordation for each phase of development.
117. Transit Service. The applicant shall coordinate with SLO Transit to ensure that adequate
service would be provided to the two proposed bus stops and project area. The bus stops shall
be constructed by the applicant within the respective phase's development area and shall
include on-street turnouts per City Standards. The applicant shall design and pay for
installation any physical improvements to Earthwood and Suburban needed to accommodate
future service to the site. Prior to recordation of the final map, th e applicant shall complete
the design of the bus turnouts to the satisfaction of the Public Works Director. The final map
shall reflect any lot adjustments resulting from. fina l bus stop/turnout design. Proposed on-
site transit service shall meet standards stated in General Plan Circulation Element Policy
3.1.6 (Service Standards). Prior to issuance of an occupancy permit for the 50th residence of
Phase 1 development, the applicant shall ensure that adequate transit facilities would be
available for the project site.
11 8. Prior to recordation of the final map for each phase, design s hall be completed for in-tract
traffic calming to the approval of the Public Works Director, per Final EIR Mitigation
Measures MM TRANS-3b. The final map shall reflect lot adjustments resulting from
completed traffic calming design, where applicable.
119. As part of final map, the s ubdivider s hall dedicate access easements for potential
pedestrian/bicycle connections at the following locations:
a. Between the Tank Farm Creek Class I path and Earthwood Lane (via access easement
between Lots 7-10).
b. Between Earthwood Lane and the Tank Fann Creek Class I path near the Phase 1
bridge crossing Tank Farm Creek (via access easement between Lots 19-22).
c. B etween Earthwood Lane and Tango Way (via access easement throu gh Lot 87 and
lots north of park)
d. Between Bravo Court (via easement through Lot 183).
e. Between Foxtrot Court, Earthwood Lane and Tank Farm Creek (via easement through
Lot 230 park).
f. Between Earthwood Lane and Kitty H awk Court (via easement throug h Lot 312 or
318)
g. Between Venture D rive and Kitty Hawk Court (via easement through Lot 341/342)
120. With the exception of local streets, on-street parking s hall be prohibited on all new streets
within the plan area.
121. The improvement plans sha ll include striped bike lane buffers along applicable streets with
Class II bike lanes to the satisfaction of the Public Works Department.
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122. To minimize traffic impacts, a trip reduction plan and implementation program is required.
Th e plan shall in c lude at a minimum, a) designation of a coord in ator to administer the
program, and b) dissemination of carpoo l, carshare, bicycling and transit info rmation. The
trip reduction plan information shall be provided to a ll new occupants as part of home sales,
commercial leases/sales or rental agreements. A draft of the plan shall be submitted for
review as part of the building permi t appl ication for Phase 1 development. Occupancy shall
not be granted until the plan has been approved by the Public Works Dii-ector.
123. Add a roadway classification sheet to the final map that is consistent with the General Plan
classification system and Avila R anch project EJR recommendations.
124. The developer shall install continuous sidewalk improvements along Vachell L ane from
Venture northerly to conform to the existing sidewalk improvements. The City Council may
consider exercis in g its powers of eminen t dom ai n to acqu ire any off-site right-of-way
dedjcation necessary to complete th ese improvements as provi d ed in Government Code
section 66462.5.
125. The developer shall design and in stall a southbound left tum lane o n Vachell Lane at Venture
per City Engineering Standards if the improvement is determined to be feasible to the
satisfaction of the Public Works director. If determined to b e infeasible this condition is
waived. The City Coun cil may consider exercising its powers of eminent domain to acquire
any off-site ri ght-of-way dedication n ecessary to complete these im provements as provided
in Government Code section 66462.5.
126. Prior to issuance of building permjts for Phase I the developer shall design a ramp meter for
the S B 101 On-Ra mp at Los Osos Vall ey Road as id entified in the US 10 1 Corridor Mobility
Master Plan and submi t the plans to CalTrans for app ro val and encroachment permit to
construct. The applicant sh all construct the ramp meter within 6 months of Cal Trans issuance
of the encroachment permit. The ramp meter shall be constructed prior to occupancy of the
75th unit. The applicants share of this cost is establi shed at 3%, costs above and beyond this
fa ir share proportion are e li gible for crediting against Los Osos Vall ey Road Interchange
Sub Area Impact fees.
Pri or to issuance of building pennits for Ph ase 1 the developer shall a lso design a ramp meter
for the SB 101 On-Ramp at S . Higuera at identifi ed in the US 101 Corrid or Mobility Master
Plan, submit the pl ans to CalTrans , adequately respond to comments, and receive State
concunence on the design. If Cal trans does not respond to submittals within 60 working days
this requirement specific to J 01 at S. Higuera is considered satisfied.
Natural Resources
127 . The developer s ha ll provide th e potentia l for water well irrigation to a ll areas of the Open
Space/Agri cu ltural zoned and mapped lot(s) to help promote a v iable agri cu ltural operation .
The potential for irrigated agricul ture shall be pursued unless dryland farrung is otherwi se
approved by the City. Well irrigation s hall be available to the designated Agricu ltural land
to re mai n prior to the physical and/or practical displacement of the ex is ting water well
supply . The three distinct agricultural areas shall be served by exjsting proven we ll s or shall
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be provided with a new water well or wells. The existing or proposed well development and
basic irrigation services shall be approved by the City. The irrigation well development plan
shall be reviewed by a geologi st and agriculturist and shall be subm itted with their respective
recommendations to the City for review and approval. The final development shall be
certified as being in general conformance with the plan and recommendations. The well
water quality shall be acceptable for the intended use or shall be treated to achieve the intent.
The well development shall include but is not limited to well construction, development,
testing, electrical supp ly , panel board, controller equipment, and pumping equipm ent. Any
private irrigation system crossing of a public street shall be approved by the City Engineer
and shall be accompanied by an encroachment agreement in a format provided by the City.
I 28. The Agricultural and Open Space areas shall be delineated and protected prior to
commencing with any demolition, stockpile, subd ivision grading, and development. The
delineated areas shall be shown and noted in the SWPPP and subdivision improvement plans
and shall not be used for construction staging, stockp il e, or borrow areas unless specifically
approved by the C ity .
I 29. The subdivision grading and improvement plans shall include details of the interface
between the agricultural fields/access roads and the adjoining open space, creek corridors,
public roadways, and C lass I bikeways to the satisfaction of the C ity. The plan shall include
temporary and appropriate permanent delineation fencing. The plan shall include a detailed
grading and drainage strategy to promote the viability of the agricultural operations and to
protect adjoining public improvements. Th e submittal shall include a detailed operational
plan and strategy for stab ili zed ag field access, eros ion control , worker parking, and access
controls.
130. Pre-construction surveys for th e Vernal Pool Fairy Shrimp (VPFS) shall be conducted where
appropriate (in wetland habitat that could be disturbed through development) consistent with
the requirements of the United States Fish and Wildlife Service (USFWS). As a re sult of
such surveys, ensure that direct or indirect effects to indi viduals and their habitat are avoided,
consistent with the r equirements of th e Endangered Species Act through appropriate means.
The USFWS s hall be consulted for appropriate action. The Applicant shall obtain a
Biological Opinion from the USFWS and any additional authorization required by other
regulatory agencies prior to the commencement of work within or immediately adjacent to
potential suitable habitat.
Upon motion of Council Member Gomez seconded by Council Member Christianson, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Christianson, Gomez and Peace,
Vice Mayor Rivoire and Mayor Harmon
None
None
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SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of th e City of San Luis Obispo considers and rel ies on the Final Environmental Impact
Report (EIR ; State Clearinghouse Number 2015081034) for the Avila Ranch D evelopm ent Plan in
detemtlning to carry out the Project. The Avila Ranch Development Plan includes a General Plan
Amendment, amendments to the Airpo1t Area Specific P lan (AASP), and a Vesting Tract Map (VTM), as
described in the Final EJR Proj ect description for the deve lopment of the 150-acre Project site. ("Project").
The Final EIR consists of the Draft EIR, responses to comments on the Draft EIR, a list of persons and
agencies commenting on the Draft EIR, a Mitigati on Monitoring and Repo1ting Program, and technical
appendices. The City Council has received, reviewed, considered , and rel ied on the information contained
in the Final EIR, as well as infonnation provided at hearings and submissions of testimony from official
participati ng agencies, the public, and other agencies a nd organizations.
Section 15091 of the State CEQA Guidelines ( 14 California Code of Regulations [CCR]) and Section 2108 J
of the Public R esources Cod e require a lead agency to adopt findings for each significa nt e nvironmen tal
impact disclosed in a n EIR. Specifically, for each significant impact, the lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
The California Code of Regulations, Title 14 , Section 15091(b) requires that the City's find in gs be
supported by substantial evidence in the record. Accordingly, the Lead Agency's record consists of the
following , wh ich are located at tbe C ity Commun ity Development D e partment office, San Lui s Obispo,
Cal iforn ia:
• Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the Lead Agency during public review and the public hearings on the Avila Ranch
Development Project.
• The City of San Luis Obispo Avila Ranch Development Project Final Environmental Impact Report
(June 2017).
ln addition to making a finding for each significant impact, if the Lead agency approves a project without
mitigating all of the significant impacts, it must prepare a statement of overriding considerations , in which
it balances the benefits of the project aga inst the unavoidabl e environmental risks. The statement of
overriding considerations must explain the socia l, economic, or other reasons for approving th e project
d espite its environmental impacts (14 CCR 15093 , Pub. Res. Code 21081 ).
This document contains the findings and statement of overriding considerations for the approval of the
Avila Ranch D evelopm ent Plan and reflects the City 's independent judgment. This document incorporates
by reference the Final EIR. Th e ElR, spec ific plan , and other portions of the administrative record are
available fo r review at:
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City of San Luis Obispo
Community Development Department
919 Palm Street
San Lui s Obispo , CA 93401
Contact: Doug Davidson
(805) 781 -7177
Page 52
Having received , reviewed and considered the foregoing information , as well as any and all information in
the record , the City Council of the City of San Lu is Obispo h ereby makes these Findings pursuant to , and
in accordance with , Section 2108 1 of the Pub! ic R esources Code.
SECTION 2. PROJECT DESCRIPTION
A. PROJECT OBJECTIVES
As required by the City General Plan , the Avila Ranch Development Pl an is intended to contain policies
and standards that will faci li tate appropriate d evelopment of land , protect ion of open space, and prov ision
of adequate public facilities. The overall objective of the Avila Ranch D evelopment Plan is to adopt a
s p ecific plan for the Avila Ranch project site, pursuant to the City General Pl a n. The City 's objectives for
the Avila Ranch D evelopment Plan in clude:
I. Development of an economically feasible specific plan that is consistent with, and implements
policies within the City's LUCE and AASP;
2. Establishment of a complete "linked" community with the inclusion of amenities such as
neighborhood parks and commercial goods and services that can serve the neighborhood;
3 . Provision of a variety of housing opportunities for a wide range of socioeconomic groups and
affordability levels;
4. Provision of a well-connected open space network that includes the addition of community gardens,
neighborhood parks, bicycle paths, pedestrian sidewalks, open space buffers, and spaces for
recreational a ctivities;
5. Establishment of an internal transportation and circulation network of collector and residential
roads, Class I and fl bicycle paths, and pedestrian sidewalks that is integrated with, and enhances
the region.al transportation system;
6. Restoration of Tank Farm Creek with improvements to the riparian creek corridor and
establishment of open space buffers; and,
7. Model sustainable development practices and design features and achieve compliance with
Leadership in Energy and Environmental Design Neighborhood Development (LEED-ND) Silver
standards and the County of San Luis Obispo 's Emerald certification rating.
B. PROPOSED PROJE CT (MITIGATED PROJECT ALTERNATIVE)
The Applicant intends to seek approval of the version of the Avila Rancb Development Plan studi ed in the
Mitigated Project Alternative (MPA) (described and analyzed in Section 5.4.2.2 of the EIR) rather than the
original proposed Project. Similar to the proposed Project, the MP A consists of a General Plan Amendment,
and AASP Amendment, and a Vesting Tract Map (VTM) for a 150-acre Project site . A comparison of the
MP A to the original proposed Project is located in Tabl e 5-1 of the FEIR. Th e MPA would also address a
Development Agreement/Memorandum of Understanding, which provides a mechanism for Project
implementation. The Avila Ranch D evelopm ent Plan is intended to be consistent with the development
parameters described in the C ity's Land Use and Circulation Element (adopted in December 2014). The
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MPA includes co nstruction of up to 720 residential units and 15 ,000 square feet of comm ercial
development, with a portion of the s it e preserved for agriculture and open space uses. In addition , the MP A
would include the following features, which were either previously required as mitigation for significant
impacts under th e Project or have been included as design features to enhance consistency with applicable
plans and policies; more spec ifically , the following features have been included as aspects of the MPA to
reduce or avoid impacts attributed to realignment of Tank Farm Creek or phasing of transportation and
circulation improvements:
l. The North-South Tank Farm Creek Segment alignment w ould be retained and widened to
accommodate flood flows to reduce impacts to riparian habitat, rather than realignment and
extension of Tank Fann Creek through the site under the proposed Project (removes the need for
MM BI0-2f and MM BI0-3e).
2. The East-West Channel alignment would be retained to reduce hydrological impacts and preserve
in-channel wetland hab itat, rather than removing the channel under the proposed Project (removes
the need for MM HYD-2c).
3. Creek/riparian buffer setbacks would be established at 35 feet, with a minimum 20-foot buffer
along no more than 700 lin ear feet to improve habitat and the wildlife con-idor, rather than a general
varying 5 -25-foot setback under the proposed Proj ect.
4. The Tank Farm Creek Class I Bicycle Path would be set back a minimum of 35 feet from the top
of the creek bank/riparian canopy with a 20 -foot minimum setback along no more than 700 lin ear
to improve habitat and the wildlife co 1Tidor, rather than allowing the Tank Farm Creek Class l
Bicycle Path within the creek/riparian buffer under the proposed Project.
5. Retaining/flood walls would be setback along the east sid e of the creek at the toe of the slope along
the creek corridor to improve erosion protection and bio-filtration for runoff, rather than not
including any retaining/flood walls along Tank Farm Creek under the proposed Proj ect.
6. Implement turn restrictions on Vachell Lane/South Higuera Street under Phase 2 after the Buckley
Road Extension is completed (removes the need for MM TRANS-2b).
7. Restricted ingress and egress during Phase 1 at the Proj ect site border on Venture Drive and the
Vachell Lane/Earthwood Lane intersection , which would be removed under Phase 2 , concurrent
with the Buckley Road Extension (removes the need for MM TRANS-2c).
8. Construction of an interim bus turn-around location within the Project site or other measures as
deemed appropriate by the City to accommodate thi s interim transit access due to required site
access limitations during Phase 1 construction; the roundabout at Venture Drive/Earthwood Lane
has been designed to serve this purpose and no interim improvements should be needed (removes
the need for MM TRANS-2c).
9. Construction of Class IT bicycle lanes that connect to the regional bicycle network along the e ntire
stretch of Vacbell Lane , between Buckley Road and South Higuera Street, as part of Phase 1
development (removes the n eed for MM TRANS-2d).
10. Constrnction of Buckley Road frontage improvements from Tank Farm Creek to Phase 1
d eve lopment from Vachel! Lane to the Class Il bicycle lane to bicycle path diversion, Phase 5 from
the diversio n up to and includin g the Jesperson/Buckl ey intersection, and the remaining portion
with Phase 6 (removes the need for MM TRANS-2f).
11. Extension of the J espersen Road/Horizon Lane connection as well as improvements to bring this
road segm ent to City standards for a re s id en tial collector as pa11 of Phase 4 (re moves the need for
MM TRANS-2e).
The Avila Ranch D evelopment Plan under the MP A is proposed to be constructed in six phases. Phases 1,
2 , and 3 would consist of development of 422 R -2 and R-4 residential units, along with Proj ect site
preparation/grading, and utility and infrastructure improvements, with construction planned to begin in
2020 and anticipated to be completed by 2025. In addition , Phase 3 would include development of the
Interim Fire Station to provide service to the Project site and vicinity pending completion of City Fire
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Station 5. Phases 4 and 5 would include development of the remaining 298 R-3 and R-1 res id ent ial units,
whi le Ph ase 6 would consist primarily of bui ld out of commercial development, with construction planned
to begin in 2026 and anticipated to be completed by 2030. The proposed phasing plan is shown in Figure
2-14 (Proj ect Phasing Plan) of the Final E IR.
These MPA elements are further described in the E IR, specifically Section 5.4.2.2 , Mitigated Project
Alternative. Th e Avila Ranch Development Plan for the MPA is in cluded in the EIR as Appendix Q, and is
available at the following link: http://www.slocity.org/government/department-directory/community-
development/planning-zoning/specific-area-plans/avila-ranch. Because the Applicant seeks approval of
the MPA, rather than the Project as originally proposed, the findings below relate to the MPA.
SECTION 3. ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The Final EIR was prepared in compliance with CEQA and State CEQA Guidelines. In accordance with
Section 15121 oftbe State CEQA Guidelines, the purpose of this Final EIR is to serve as an informational
docwnent for the public and C ity of San Luis Obispo decision makers .
Pursuant to CEQA Guidelines Section 15182 , "where a public agency has prepared an EIR on a specific
p lan after January I, 1980, no EIR or negative declaration need be prepared for a residential project
undertaken pursuant to and in conformity to that specific plan if the project," as long as the residential
project is within the scope of the EIR, no new environmental effects are anticipated to occur, and no new
mitigation meas ures are required for the res idential project.
In accordance with Section 15088 of the State CEQA Guidelines, Draft EIR was circulated for a 55-day
public review period that began November 23 , 2016 and concluded on January 18 , 2017. The original 45-
day comment period was scheduled to end on January 8, 2017, but was extended l O days. The City held a
public Planning Commission hearing on D ecember 14, 2016, which was continued on January 11, 2017, to
allow for additional time fo r the public to review the project and to rec eive public testimony in the form of
verbal comments on the Draft EIR.
In addition , Section 5.0, Other CEQA-Related Discussions, of the Draft EIR was recirculated for a 45-day
public review period that began February 21 , 2017 and concluded on April 7, 2017 . This section of the
Draft EIR was revised to include an updated discussion of energy u se and co ns ervatio n related to the project.
Th is reci rcu lation also included the re levant portions of Appendix H as originally contained in the Draft
EIR. It should be noted that as a result of t hi s new discussion, no new significant impacts or mitigation
measures were identified. Pursuant to Section 15088.5( c) of the State CEQA Guidelines , if the revisions
subject to recirculation are limited to a few portions of the Draft EIR, the lead agency need only recirculate
the portions that have been modified.
Responses to each written and verbal comment that the City received are included in Section 8.0, Response
to Comments of Final EIR. The Draft EIR and Responses to Comments collectively comprise the Final EIR
for the project.
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B. IMPACT ANALYSIS
Five categories of impacts are ident ified in the Env ironmental Impact Report:
Significant and Unavoidable (Class I) - a significant impact to the environment that remains significant
even after mitigation measures are applied. To approve a project resulting in sign ificant
and unavoidable impacts , the CEQA Guidelines require decision makers to make findings
of oven-iding consideration that "specific legal, technological, economic, social , or other
considerations make infeasible the mitigat ion measures or alternatives identified in the
EIR."
Significant but Mitigab le (Class II) -a significant impact that can be avo ided or reduced to a less than
significant level with mitigation. When approving a project with significant but mitigable
impact, the decision makers must make findings that changes, mitigation measures, o r
alternatives to the project have been incorporated that reduce the impacts to a less than
significant level.
Less than Significant (Class TTI ) -a potential impact that would not meet or exceed the identified
thresholds of significance for the resource area.
No Impact (C lass TV) -no impact would occur for the resource area.
Beneficial Impact (Class IV) - a pos itive effect on the natural or human environment would occw-.
SE C TION 4 . F INDIN GS F OR N ON-ADVERS E OR B ENEFICIAL
IMPA CTS OF THE MITIGATED PROJE CT ALTERNA TIVE
The findings below are for impacts that would not result in adverse environmental effects or have a
beneficial effec t. on 1.he natural and human environment (Class IV).
The C ity Council has concluded that the following impacts wou ld not result in adverse effects on the natural
or human environment.
A. POPULATION AND HOUS ING
1. Impact PH-2: The constmction of720 units under the MPA wou ld provide additional housing for the
City of San Luis Obispo , having beneficial impacts related to the jobs/housing imbalance . (Refer to
pages 3.10-24 and 5-66 of the Final ETR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have a beneficial effect.
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SECTION 5 . FINDINGS FOR LESS THAN SIGNIFICANT
ENVIRONMENT AL EFFECTS OF THE MITIGATED PROJECT
ALTERNATIVE
The findings below are for impacts that are adverse, but would not result in significant effects on the
natural and human environment.
The City C0tmcil concluded that the following impacts would result in adverse, but less than significant
effects on the natura l or human environment.
A. AESTHETICS
1. Impact VIS-1: Implementation of the MP A would result in impacts to the existing scenic resources
present at the site, particularly due to conversion of agricultural land to urban development, loss of
mature nati ve trees along Tank Farm Creek, and impairme nt of distant views of Santa Lucia Mountains,
I slay Hill , and Irish Hills from adjacent public roads. (Refer to pages 3.1 -21 and 5-44 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact VIS -2: The MP A would result in a change in the existing visual character of the site with the
change of the rural character to a commercial and res idential neighborhood. (Refer to pages 3.1-25 and
5-44 of the Final EIR.)
a. Mitigation : None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact VIS-3: Construction of the MPA would create short-term disruption of the visual
appearance of the site for travelers along Buckley Road , Vachell Lane, and Ventw·e Drive . (Refer
to pages 3.1-27 and 5-44 of the Final ETR.)
a. Mitigation: The following measure was included as mitigation for the Proj ect and is considered an
MPA project design feature to reduce visual disruption of the site a nd proposed development for
travelers along local roadways. City planning staff will confirm incorporation of this feature on
plan sets and submittals.
Mitigation Measure VIS-3 (P roject). The Applicant s hall include the development of the e ntire
landscape and open space buffer outside of the URL with in Phase 1 of the construction period.
Vegetation within the buffer wou ld provide partial screening of ongoing construction.
b. Finding: The City finds that the impact would have an adverse, but less than significan t effect. The
MPA includes an open space buffer and landscaped bem1 along Buckley Road that would be
constructed during Phase I. This would reduce visual impacts from construction within the MPA
site from viewpoints a long Buckley Road.
4. Impact VIS-4: The MP A would introduce a major new sow-ce of nighttime li ght, impacting the quality
of the nighttime sky and increasing ambient light. (Refer to pages 3.1-28 and 5-45 of the Final ETR.)
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a. Mitigation: None
b. Finding: The City finds that the im pact would have an adverse , but less than s ignificant effect.
5. Cumulative Aesth etic and Visual Resources Impacts: As determined in the LUCE Update EIR, all
development that adheres to applicable General Pl an policies would result in less than sig nificant
aesthetic impacts. Therefore, the overall aesthetic impact of cumulative development in the Project
vicinity wouJd be less than significant. Cumulative effects under the MPA would be similar to those of
the Project as described on page 3.1-28 of the Final EIR.
a. Mitigation: None
b. Finding: The City finds that the impact wou ld have an adverse, but less than significant effect.
B. AIR QUALITY
1. Impact AQ-3: Release of toxic diesel emiss ions during initial construction and long-term operation of
the Project could expose nearby sensitive receptors to suc h emissions . (Refer to pages 3.3-42 and 5-49
of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the im pact would have an adverse, but less than s ig nificant effect.
2. Cumu l ative Greenhouse Gas Emissions Impact: Due to th e cumulative nature of greenhouse gas
em iss ion s and the less than s ignificant effects of th e project , cumulative greenhouse gas emissions are
considered adverse, but less than significant. (Refer to pages 3.3-5 l and 5-55 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
C. C ULTURAL RESOURCES
l. Impact CR-1: The MPA would result in adverse impacts to the octagonal silo foundation , historic
feature P-40-038310. (Refer to pages 3.5-15 and 5-56 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the im pact would have an adverse, but le ss than significant effect.
D. HAZARDS AND HAZARDOUS MATERIALS
l. Impact HAZ-2: Th e MPA would not create a hazard to the public or the environment through the
routine transport, use, or disposal of ha zardous materials. (Refer to pages 3.6-26 and 5-58 of the Final
EIR.)
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a. Mitigation: None
b. Finding: The City finds that the im pact would have an adverse , but less than s ig nificant effect.
2. Impact HAZ-3: The MP A site is located within the LUCE defined AOZs and ALUP Safety Areas and
would potentially res ult in an airport-related safety hazard for people residing or working in the Proj ect
s ite . (Refer to pages 3.6-26 and 5-58 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but Jess than significant effect.
c. Impact HAZ-4: Imp lementation of the MP A could expose people or structures to a significant risk of
loss, injury, or death involving wildfire. (Refer to pages 3 .6-28 and 5-58 of th e Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than s ignificant effect.
d. Cumulative Hazards and Hazardous Materials Impacts: As described in the LUCE Update EIR,
adherence to applicable General Plan po licies and applicable State and federa l regulatory requirements
would reduce any cumulative hazards and hazardous materials impacts resulting from buildout of the
City under the General Pl an , including buildout of the Avila Ranch D evelopment Plan , to a less than
s ignificant level. Cumulative effects under the MPA would be simi lar to those of the Project as
described on page 3.6-28 of the Final E IR.
a. Mitigation : None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
E. HYDROLOGY AND WATER QUALITY
1. Impact HYD-6: The MP A would potentially deplete groundwater supplies or interfere with
groundwater recharge . (Refer to pages 3 .7-52 and 5-61 of the Fina l EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Cumu lative Hyd rology and Water Quality Impacts: Th e MPA, in combination with approved,
pending, and proposed development within the City, would not contribute a substantia l increase in
development and associated water quality impacts , or alteration of the existing hydro logic environment,
such that the abundance and natural flow of water resources of the area would be diminished. When
properly implemented, water quality requirements of the Central Coast RWQCB and the City and
County of San Luis Obispo would be expected to mitigate any adverse imp acts resulting from new
cumulative deve lopment. (Refer to pages 3 .7-58 and 5-61 of the Final ETR .)
a. Mitigation: None
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b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
E . L AND USE AND PLANNING
1. Impac t LU-1: MPA development would include residential uses located within the LUCE-defined
Airport Overlay Zones (AOZs) that would be consistent with AOZ density and use restrictions and that
would not interfere with airport operations or create safety impacts under recognized state and federal
guidance for airport operations and safety. (Refer to pages 3.8-53 and 5-62 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact LU -2: The proposed MPA would include development within ALUP Safety Areas S -lB, S -
IC, and S-2 ; however, the Project wou ld be potentially consistent with the ALUP. (Refer to pages 3.8-
55 and 5-63 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumul ative Land Use and Plannin g Impa cts: The proposed MP A, in combination w ith
pending/future developments, is aligned with the City 's plans for build-out around the year 2057 , as
foreseen in the LUCE. All pending/future projects would be required to adhere to City developments
regulations and General Plan policies in order to retain character of the City and mitigate environmental
impacts where feasible. In addition, a ll pending and future projects would be reviewed for consistency
with the City General Plan and all other applicable regulatory land use actions prior to approval. As
such, cumulative impacts are considered less than significant (Refer to pages 3.8 -55 and 5-65 of the
Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
F.NOISE
l. Imp act N0-2: Short-tern, noise construction act1v1t1es cou ld result in exposure of persons to or
generation of excessive groundbome vibration. (Refer to pages 3.9-27 and 5 -66 of the Final EIR.)
a. M itigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2 . Imp act N 0-4: Development within the ALUP noise contours could cause persons within the MP A site
to be exposed to unacceptable noise leve ls. (Refer to pages 3.9-33 and 5-66 of the Final EIR.)
a. Mitigation: None
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b. Finding: The City finds that the impact would have an ad verse, but less than sign ifi cant effect.
3. C umul ative Noise Impacts: Cumulative projects in the area would increase traffic levels and
subseq uent no ise levels mainly on a rt erials and major roadways, and the noise-related impacts to
residential and loca l streets would be nom in al. Imp lementation of t he LUCE Update cou ld cumulatively
increase stationary source noise levels from new development, but because the City 's Noise E lement
contain s policies and programs th at would address and mitigat e potential s it e-specific impacts for
indiv idu al projects in t he future , and because t he MP A would co ntribute a marginal increase in
stationary source noise , this cumulative impact would be considered less than significant. Cumulative
effects under the MPA would b e similar to those of the Project as described on page 3.9-34 of the Fin al
EIR .
a. Miti gation: No ne
b. Finding: The City finds that the impact would have an ad verse, but less than s ignificant effect.
G. POPULATION AND HOUSING
1. Impact PH-1: Residential deve lopment an d associated populat1on growth resulting from the MPA
wou ld not exceed the adopted annua l growth rate threshold . (Refer to pages 3.10-22 and 5 -67 of the
F in a l EIR .)
a. Mitigation: None
b. Finding: The City fin d s that the impact would have an adverse , but less than s ign ificant effect.
2. Imp act PH-3: The constructi on of affordable h ousing units under th e M PA would provide additional
affordable housing for the C ity of San Luis Obispo. (Refer to pages 3. I 0-26 an d 5-67 of the Fi nal EIR.)
a. Mitigation : None
b. Finding: The City finds that the i mpact would have an ad verse , but less than s ignificant effect.
3. C umul ative Pop ulation and Housi ng Imp acts: Cumulative bu ildout permitted under the LUCE
Update would include development of areas within existing City bou11daries , as well as identified
expa nsion areas. Th e La nd Use Element can accommodate over 98 percent of projected dema nd for
nonres id ential square footage under the MP A , proposed cumulative development projects, and
cum ul ative buildout under the LUCE Update. Therefore, c um ulative im p acts are considered less t han
s ignificant. Cumulative effects under the MPA wou ld b e si mil ar to those of the Proj ect as d escr ib ed on
page 3.10-26 of t he Final E IR.
c. Mitigation: None
d. Finding: The C ity finds that the impact would have an adverse, but less than s ign ifi cant effect.
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H. PUBLIC SERVICES
1. Imp act PS-3: Development of 720 new homes as part of the MPA wou ld gen erate inc reases in
enrollment at public schools (Los Ranchos Elementary , Laguna Midd le , and San L uis High). (Refer to
pages 3.11-19 a nd 5-68 ofthe Final E IR.)
a . Mitigation: None
b. Finding: The City finds that the impact would have an ad verse, but less than significant effect.
2 . Impact PS-4: Implementation of the MPA would potentially in crease the demand for publi c parks
beyond current capac ity . (Refer to pages 3.11 -21 and 5-69 of the Final EIR.)
a. Miti gation: Non e
b. Finding: The City finds that the impact would have an ad verse, but less than s ign ifi cant effect.
3. Cumulative Public Services Impacts : The proposed project and other cumu lative development wou ld
in crease demand fo r public services. However, new deman d for these services cou ld be met thr ough
existi ng service availabil ity, planned service im proveme nts , an d deve lop men t project fee requ irements.
Cumu lative effects under the MPA would be similar to those of the Project as described on page 3 .1 1-
21 of the F inal EIR.
c. Mitigation: None
d. Finding: The City finds that the im pact would have an adverse, but less than s ignificant effect.
I. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-9: Th e proposed M PA would generate and attract trips to and fro m U .S . Hi ghway
10 1, incrementally increasing congestion oftbe region 's main highway. (Refer to pages 3.12-67 and 5-
73 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than s ignificant effect.
J. UTILITIES
1. Impact UT-1: M PA generated wastewater would cont rib ute to demand for wastewa ter coll ection
fac ili ties and remaining capacity of the Ci ty 's Water Resource Recovery Facili ty (WRRF). (Refer to
pages 3 .13-24 and 5-75 of the Final E IR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
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2 . Impact UT-3: M P A-related increases in water use would incrementally increase demand for the C ity's
potable water supply. (Refer to pages 3.13-29 and 5-76 of t he Final E IR.)
a. Mitigation: None
b . Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact UT-4: T h e MPA would generat e additional solid waste for d isposal at the Cold Canyon
L andfill. (R efer to pages 3 .1 3-32 and 5-78 of the Final EIR.)
a. M itigation: None
b. Fi nding: T he City fi nds t hat t he im pact would have an adverse, but less than s ignificant effect.
3. Cumulativ e Utility Impacts: As indicated by t he L U CE U pdate EIR, the MP A and o ther planned
development would not res ul t in a ny s ignifican t or adverse effects on th e supply of water, sol id waste,
or energy utilities. Therefore, the cumulat ive impact of this project and pending cumulative projects
withi n the vic inity on water s upply , soli d waste management, and the e nergy util ities would be less
t han s ignifica nt. F urther, the pendi n g WRRF u pgrades wou ld a lso increase capacity to h and le both wet-
weather and dry -weather flow, which would reduce the impact of cumul ative development on the
WRRF's capacity to suffic ie ntly treat the City's wastewater to meet R W QC B sta ndard and avoid
periodic spi ll s into San L uis Obispo Creek. C u m u lative effects u nder t he MP A would be s im il ar t o
th ose of the Project as described on page 3.13-32 of the Final EI R.)
a. M itigation: Non e
b . F inding: T he City finds that the im pact would have an ad verse, but less than s ignificant effect.
SECTION 6. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL
EFFECTS OF THE MITIGATED PROJECT ALTERNATIVE THAT HAVE
BEEN MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
The findings below are for impacts that would result in potentially significant effects on the natural and
human environment, but could be reduced to a less than significant level through feasible changes or
alternations to the project or implementation of mitigation measures. When approving a project with
significant but mitigable impacts, the decision -makers must make findings that changes or alterations to
the project have been incorporated that reduce the impacts to a less than significant level.
This section presents the MPA's significant environmental impacts and feas i ble mitigation measures.
Section 15091 of the State CEQA Guidelines (14 Cal ifornia Code of Regulations [CC R]) and Section 21081
of the P ubl ic Resources Code req uire a lead age ncy to make fi ndings for each s ignificant environm ent a l
impact disclosed in an EIR. Specifically, for each sign ifican t impact, the lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by that agency,· or
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• Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final ETR infeasible.
Each of these findings must be s uppmted by substantial evidence in the administrative record. This section
identifies impacts that can be fully avoided or reduced to a le ss-than-significa nt level through the
incorporation of feasible mitigation measures into the project, as identified in the Final EIR. The impacts
identified in this section are co ns id ered in the sa me sequence in which they appear in the EIR.
A. AGRICULTURAL RESOURCES
1. Impact AG-2: Developme nt of the proposed MPA would create potential land use conflicts with
continued agricultural operations to the south and east of the P roject site. (R efer to pages 3.2-24 and 4-
45 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce land use conflicts between
existing agricultural uses and the residential and commercial development proposed for the site.
Mitigation Measure AG-2a. To address potential agricultural land use conflicts, the Applicant
shall coordinate with the City and county to fund installation of fencing and signs along
Buckley Road to minimize potential for increases in trespass and vandalism of adjacent
agricultural areas. Along the south side of Buckley Road, the use of three strand barbwire
fencing would be acceptable. Along the north side of the Buckl ey Road extension bordering
the C lass I bike path, s pit rail fencing s hall be in stalled or other fencing acceptable to the
County.
Mitigation Measure A G-2b. T o reduce the potential for noise, dust, and pesticide drift to affect
future Proj ect residents, the Applicant shall ensure that Project landscape plans includ e planting
of a windrow of trees and shrubs along the proposed southern landscape berm and eastern
Project site boundary at a sufficient density to buffer the site from surrounding agricultural
operations.
Mitigation Measure AG-2c. To augment the ex1stmg 100-foot agricultural buffer to the
Caltrans property to the west of the Project site, the Applicant shall add a 20-foot
hedgerow/windrow of trees and vegeta tion along th e east side of Vachell Lane .
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MPA to avoid or lessen to a less than significant level the signrncant environmental effects
identified in the Final EIR. The mitigation measures will reduce land use conflicts by buffering the
site from surrounding land uses.
B . AIR QUALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-4: Construction and operation of t he MPA would result in impacts to globa l c.limate change
from the emissions of GHGs and would be potentially inconsistent with the City's Climate Action Plan.
(Refe r to page 5-49 of the Final EIR.)
a. Mitigation: To reduce MPA short-term construction and long-term operational greenhouse gas
emissio ns to level below adopted Cl imate Action Plan policies and greenhouse gas e mi ss ion
reduction targets, the following measures are required:
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Mitigatio n Measure AQ-2a. The Applicant shall include the following:
• Water Conservation Strategy: Th e Applicant s hall install fixtures with the EPA WaterSense
Labe l, achieving 20 percent reduction indoor. The Project shall in stall d1ip , micro , or fixed
spray inigation on all plants other than turf, also including the EPA WaterSense Label,
achieving 15 percent reduction in outdoor landscaping.
• Solid Waste: The Applicant shall institute recycling and composting services to achieve a 15
percent reduction in waste disposal , and use waste efficient landscaping.
• Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area
disturbed in accordance with CARB Rul e 403.
• En ergy Conservation Strategy: The Applicant shall in stall additional solar a nd alternative
energy features (e .g., so lar panels on commercial buildings; solar canopies over commercial
parking areas).
Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the APCD,
Proj ects generating more t han 50 lbs /day of combined ROG + NOx or PMJO shall impl ement all
feasible measures within Table 3-5 of the Air Quality Handbook.
Mitigation Measure TRANS-JOa. The Applicant s hall design and construct ADA-compliant
sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of
travel from the City limit line to Los O sos Valley Road.
Mitigatio 11 Measure TRANS-I Ob. The Applicant shall design and construct continuous s idewalks
along the east s ide of South Higuera Street from Vachell Lane to Los Osos Valley Road including
ADA ramps at the Vachel) Lan e and South Higuera Street intersection, as indicated in Figure 3.12-
6.
Mitigatio11 Measure TRANS-JOc. The Applicant shall d esign and construct continuous ADA-
compliant s idewalks and ADA ramps along the south side segment of Suburban Road from South
Higuera Street to Earthwood Lane. A receiving ramp shall be installed on the north side Suburban
Road at Ea1thwood Lane.
Mitigation Measure TRANS-JI. The Applicant shall construct two (2) separated bicycle bridges
on each side of Buckley Road at Tank Fann Creek and provide connections to Buckley Road so as
to provide continuous and safe bicycle routing along Buckley Road. Th ese sectio ns of roadway and
creek crossings are under the jurisdiction of the County and would need to meet both City and
County design standards to the greatest extent feas ible and are subj ect to approval of the City's
Public Works Director.
Mitigation Measure TRANS-12. The Appl icant shall coordinate with SLO Transit to ensure that
adequate service would be provide to the two proposed bus stops and Proj ect area. The bus stops
s hall be constructed by the Applicant within the re spective phase's development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install
a fair s hare to fund any physical improvements needed to acco mmodate future service to the site.
In addition , the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service
Standards.
b. Finding: The City finds that changes or alterations have bee n required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the sign ificant environmental effects
identified in the Final EIR. Th e mitigation meas ure will reduce the MPA's greenhouse gas impacts
by reducing water usage; ensuring consistency with the Climate Action Plan's water usage, solid
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waste and transportation goals; reducing the Proj ect's operational energy usage ; and improving
bicycle and pedestrian connections to reduce reliance on automobiles.
C. BIOLOGICAL R ESOURCES
1. Impact BI0-1: Construction activities within the MP A site and Buckley Road Extension site, including
ex ten sive grading, excavation, and fill , would resu lt in pennanent and t e mporary impacts to sens iti ve
habitats and species, particularly in areas within or near Tank Farm Creek. (Refer to pages 3.4-32 and
5-52 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required .
Mitigation Measure HYD-la. Prior to the issuance of any co nstructio n/grading permit and/or the
commencement of any clearing, grading, or excavation, the App)jcant shall s ubmit a Notice of
I ntent (NOT) for di scharge from the Proj ect s ite to th e California SWRCB Storm Water Permit Unit.
Plan R equirements and Timing. Prior to issuance of grading permits for Phase l the Applicant shall
s ubmit a copy of the NOI to the City.
Mitigation Measure HYD-lb. The Applicant s hall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction. A SWPPP for site construction shall b e developed prior
to the initiation of grading and impl emented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project's
p lan of development that in total disturbs one or more acres. Th e SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to stonn water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bal es, sa nd baggi ng , mulching, e rosio n control blankets,
si lt fencing, and soi l stabili zers shall be used.
• Soi l stockp iles and graded slopes shall be covered after 14 days of inacti vity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed alon g the top of exposed s lopes and at the toes of graded areas
to reduce surface so il movement, as necessary .
• A routine monitoring plan shall be implemented to ensure success of all onsite eros ion and
sed im entation control measures.
• Dust control measures sha ll be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets s urrounding the Proj ect site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposa l, construction entrances , etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
s iltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction . The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
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controlled during the construction of the Proj ect and impl ementi ng a closure SWPPP for
the s ite.
• Plan Requirements and Timing. The Applicant sha ll prepare a SWPPP that includes the
above and any additional required BMPs. The SWPPP and notices shall be submitted for
review and approval by the City prior to the issuanc e of grad in g permits for Phase 1
construction. The SWPPP shall be designed to address eros ion and sediment control during
all phases of development of the s ite until all disturbed areas are permanently stabilized.
Mitigation Measure HYD-Jc. Installation of the eight drainage outlets within Tank Farm Creek
s hall occur within the dry season (May through October).
Mitigation Measure BIO-la. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures n eed ed to protect riparian woodland along Tank Fann Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
1. Construction equipment and vehicles shall be stored at least I 00 feet away from Tank Farm
Creek and adjacent riparian habitat , and all construction vehicle maintenance shall be
pe1formed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek, the creek shall be fenced with
orange construction fencing and signed to prohibit entry of construction eq uipment and
personnel unless authorized by the City. F encing should b e located a minimum of 20 feet
from the edge of the riparian canopy or top of bank , whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20-foot creek setback, a
biological monitor shall be present during all s uch activities with the authority to stop or
redirect work as needed to protect biological resources.
4. Construction shall occur during dayli ght hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period)
species. No construction night lighting shall be permitted within l 00 yards of the top of the
creek banks.
5. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells , engine compa11ments , or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
6. Pallets or secondary containment areas for chemicals , drums , or bagged materials shall be
provided. Should material sp ill s occur, materials and/or contaminants shall b e cleaned from
the Project site and recycled or disposed of to t he satisfactio n of the Regional Water Qua I ity
Control Board (RWQCB).
7. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpst ers s hall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting sbaU be carefully secured to withstand
weather condition s.
8. The Applicant shall implement erosion control measures designed to minimjze erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable eros ion control d evices along the perimeter of Tank
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Fann Creek an d at the perimeter of a ll cut or fill s lop es . All drainage sha ll be directed to
sedim e nt basins designed to retain all sedime nt onsite.
9. Concrete truck and tool washout should occur in a designated lo cation such that no runoff
will reach the c reek.
I 0. A ll open trenc hes s hall be construct ed with appropriate ex it ramps to a llo w spec ies that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
b egin nin g of each work day to ensure that no wi ldlife spec ies is p resent. Any sen s itive
wi ldlife species found during inspections sha ll be gently encouraged to leave the Proj ect
site by a qualified biologist or otherwise train ed and City-approved personnel. Trenches
will remain ope n fo r the shortest period necessary to complete required work.
11. Existing facilities and distw·bed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
a nd staging areas sha ll be located to avoid high qua lity habitat and minimize habitat
fragmentation.
Mitigation Measure BIO-lb. The App licant shall retain a qua lified E nviron mental Monitor,
subject to review and approval by the City and in consu ltation with CDFW, RWQCB , and USFWS
to oversee compli an ce of the construction activities with th e Bi olog ical Monitoring Pl an a nd
appl ica bl e laws, regulation s, and poli cies. The Environmen tal Monitor shall monitor a ll
constru ction activ iti es, cond uct a biological resources education program for a ll construction
workers prior to the ini tiation of a ny clea rin g or constructi on activiti es, a nd provide quarterly
reports to the City regarding construction activiti es, enforcement issues and remedia l measures.
The Environmental Monitor s h all be respons ib le for conducting inspections of the work area each
work day to ensure t hat excavatio n areas, restored habitats, and open water habitats in the a rea do
not have oil sheen, liquid oil, or any other potential exposure ri sk to wildlife. If any exposure risk
is id entified , the Env iron mental Monitor shall implement measures that could include, but are not
limited to, ha zi ng , fencing , and wi ldli fe removals t o el iminate t he expos ure ri sk.
In addition, a CDFW-approved bio logist shall be p resent during a ll construction occuning within
50 feet of Ta nk Fann Creek, riparian habitat, drainages, and seaso nal or permanent wetlan ds. The
biologist shall a lso conduct sensitive species surveys immediately p rior to construction activities
(within th e appropriate season) and shall monitor construction activ ities in the v icinity of habitats
to be avoided (see also , MM BI0-3 and a ll subparts below ).
The work area boundaries a nd other off-l imit a reas shall be identified by th e biologist and/or
En vironmental Monitor on a daily basis. The biologist and/or Environmental Monitor sha ll inspect
construction and sediment control fencing each work day during construction activ iti es to ensure
that sens iti ve spec ies are not exposed to h azards. Any vegetation c lea rin g activities shall be
monit ored by the biologist and/or Environmenta l Monitor.
b . Finding: Th e C ity finds that changes or a lterations ha ve been required in , o r in corporated into , the
MP A to avoid or l essen to a less than significant level the significant environmental effect s
identified in t he Final EIR. Implementation of MM HYD-1 a through 1 c would help reduce
significa nt impacts to sensitive biological resources within th e creek corridor with impl ementation
of a Storm Water Pollution Prevention Plan (SWPPP) and noticing to reduce construction impacts
to water qualjty. In additi o n, MM BIO-I a would reduce or avoid construction-related impacts to
sensiti ve hab itats a nd species , and MM BIO -I b would require a qua li fie d Environmental Monitor
and/ or a California D epartment of F ish an d Wildlife (CDFW)-approved biologist to oversee
com p li a nce of th e constructi on activities with the Bio logica l Monitoring Pla n and appl icabl e laws,
regulations , and policies. With implementation of th e aforementio ned mi tigati on measures, im pacts
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to biological resources during co nstruction would remain potentially significant but mitigable. (See
FEIR pp. 5-54 through 5-55.)
2. Imp act BI0-2. Onsite MPA d evelopment would result in permanent loss of habitats within the Project
s.ite, including protected wetlands and riparian areas associated with Tank Fam1 Creek. (Refer to pages
3.4-39 and 5-52 of the Final E IR.)
a. Mitigation: The fo llowing mitigation measures would be required.
Mitigatio11 Measure BIO-la. The Applicant s hall prepare and imp lement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Proj ect site. Such BMPs shall include (but not be
limited to) th e following:
12. Construction equipment and vehicles shall be stored at least l 00 feet away from Tank Farm
Creek and adj acen t riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
13. Prior to construction activities adjacent to Tank Farm Creek, the creek shall be fenced with
orange construct ion fencing and signed to prohibit entry of construction equ ipment a nd
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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
14. In the event that construction must occur within the creek or 20-foot creek setback, a
biological monitor s hall be present during all s uch activities with the authority to stop or
redirect work as needed to protect biological resources.
15. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period)
species. No construction night lighting shall be permitted within I 00 yards of the top of the
creek banks.
16. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equi pment (e.g., species have not
climbed into wheel wells , engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife spec ies found during in spections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
17. Pallets or seco ndary containment areas for chemicals , drums , or bagged material s sha ll be
provided. Should material spills occur, materials and/or contaminants shall be c leaned from
the Proj ect site and recycled or disposed ofto the satisfaction of the Regional Water Quality
Control Board (RWQCB).
18. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and du1ing storm events. AJI s heeting shall be carefully secured to withstand
weather conditions.
19. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sedimen t on the Project site. Such measures sha ll include installation of si lt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Fa1m Creek and at the perimeter of all cut or fill slopes . All drainage sha ll be directed to
sed iment basins designed to retain all sediment onsite.
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20. Concrete truck and tool washout should occur in a designated locatio n such that no runoff
will reach the creek.
21. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches sha ll be inspected at the
beginning of each work day to ensure that no w ildlife spec ies is present. Any sensitive
wildlife species found during in spections shall be gently encouraged to leave the Project
s ite by a qualified biologist or otherwise trained and City-approved personnel. Trench es
will remain open for the short est period necessary to complete required work.
22. Existing facilities and distmbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all co nstruction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
Mitigatio11 Measure BIO-lb. The Applicant shall retain a qualified Environmental Monitor,
s ubject to revi ew and approval by the City and in consultation with CDFW, RWQCB , and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws , regulations , and policies. The Environmenta l Monitor shall monitor all
construction activiti es, conduct a biological reso urces ed ucation program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to th e City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be re sponsibl e for conducting in spections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposme Jisk
is identified , the Environmental Monitor shall impl ement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition , a CDFW-approved biologist s hall be present during all construction occurring within
50 feet of Tank Fam1 Creek, ripaiian habitat, drainages, and seasonal or pennanent wetlands. The
biologist shall also conduct sensitive spec ies smveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also , MM BI0-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shaU inspect
construction and sediment control fencing each work day during construction activ ities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
Mitigation Measure BI0-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocat e manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of con-idor length. No more than 10 percent of the
length of the co 1Tidor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge ofriparian canopy , whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from th e edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17 .16.025 of the City of San Luis Obispo Zoning
Regulations.
Mitigatio11 Measure B10-2b. The Biological Mitigation Plan shall provide details on timing and
implementation ofrequired habitat restoration and s hall be prepared in consultation with the City's
Natural Resource Manager and CDFW. A copy of the final plan sha ll be submitted to the City for
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review and approval. The plan sh all be implemented by the Proj ect Applicant, under s upervis ion
by the City and Environmental Monitor, a nd:
I. Characterize the type, species composition, spatial extent, and ecological functions and
va lu es of the wetland and riparian habitat that wi ll be removed, lost, or damaged.
2. Describe the approach th at will be used to rep lace the wetland and riparian habitat removed,
lo st, or adversely impacted by th e Proj ect, in c luding a li st of th e so il , plants, a nd oth er
materials t hat will be necessary for successful habitat rep lacement, and a description of
planting methods, location, spacing, erosion protection, and irrigation measures that wi ll
be ne eded . Restoration a nd habitat enhan cement shall include use of appropriate nati ve
species and correction of bank stab ili zation issues. Wetland restoration or en hancement
areas shall be designed to faci litate establi shment of wetland plants such as willows,
cottonwoods, rushes, a nd creeping wild rye.
3. Describe the h abitat restoration ratio to be used in calculating the acreage of habitat to be
planted, con sistent with MM BI0-2c through BI0-2e below and the findings in th e
Bi ologica l Repo rt (Appendix I).
4. D escribe t he program that w ill be used for monitoring the effectiveness and success of the
habitat replacement approach .
5. D escribe h ow the habitat replacement approach w ill be s uppl emented or modified if the
monitoring program indicates that the current app roach is not effective or successful.
6 . Describe the criteria that will be u sed to eval uate th e effectiveness and success of the
habi tat replacement approach.
7. Indicate the timing and sch ed ule fo r the planting of replacement habitat.
8. H abitat restoration or e nhancement a reas shall be establ ish ed within th e P roj ect boundaries,
adjacent to and contiguou s w ith existing wetl ands to the max imum extent possible.
Habitats suitab le for Congdon 's tarplant and other native wetland species shall be created
onsite . If Congdon 's tarplant is found in areas proposed fo r disturbance, the affected
indi viduals s hall be replaced at a 1: I ratio through seeding in a suitabl e con served natural
open space area . A management plan for the species shall be developed consistent with
appl ic able scientifi c lite rature pertinent to th is species .
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
s ha ll be maintained and moni tored for a minimum of five years. If sufficient onsite
m itigatio n a rea is not practicable, an offsite mitigation p lan shal l be prepared as part of the
Biological Mitigation Plan and approved by pennitting agencies .
I 0. The Biolog ical Mitigation P lan sha ll identify appropria te restoration and enh ancement
activ iti es to compensate for impacts to seaso nal creek, wetla nd, a nd riparian habi tat,
including a detailed planting plan and maintenance plans using lo ca ll y o btained native
species and inc lud e habitat enhancemen t to s uppo1t native wi ldlife and plant species .
11. A weed management plan a nd weed identification list s ha ll be included in the Biological
M iti gation Plan.
12. Habitat restoration o r enhancement areas shall be ma inta in ed weekly fo r the first three
years after Phase completion and quarterly thereafter. Maintenance shall in clude
eradi cation of noxious weeds found on California D epartment of F ood and Agriculture
Lists (CDF A) A and B. Noxio us weeds o n CDF A l ist C may be eradicated o r o th e rw ise
managed.
13. Mitigation implementation and s uccess shall be monitored quarterly for the first two years
after completion of each Phase, se mi-annually during the t hird year, a nd annually th e fourth
and fifth years. Annual reports doc um enting site inspections and site recovery status shall
be prepared and sent to the Co unty and appropriate agencies.
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Mitigation Measure B10 -2c. Within the required Biological Mitigation Plan , all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
1. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1: 1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
2. Pennanent impacts to state jurisdictional areas, including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5: 1 ratio (area of restored and
enhanced habitat to impacted habitat).
3. Pern1anent impacts to federal wetlands shall be mitigated at a minimum 3: 1 ratio (I: I area
of created to impacted habitat plus 2: 1 area of created/enhanced habitat to impacted
habitat).
4. 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 measured at 24
inches or greater DBI-I 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
Ca lifornia Salmon id Stream Habitat Restoration Manual for planting dormant cuttings and
container stock (CDFW 2010). Permanent impacts to riparian vegetation shall be mitigated
at a 3: 1 ratio to ensure no net loss of acreage and individual plants.
5. Replacement trees shall 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. Replacement p lants shall be monitored for 5
years with a goal of at least 70 percent survival at the end of the 5-year period.
Supplemental in·igation may be provided during years 1 to 3; however, supplemental
watering shall not be provided during the final two years of monitoring.
Mitigation Meas ures B10-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
Mitig ation Meas ure B10-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and ma intained in a moist condition during construction operations.
Mitigatio n Measu re B10-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings , and habitat restoration activities. The report shall include as-
built plans prepared after restoration , grading, and mitigation habitat plantings are complete. The
as-built plans shall be prepared by landscape and grading contractors responsible for realignment
and restoration with in Tank Farm Creek.
Mitigation Measu re BI0-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards , and be subject to monitoring by the
Environmental Monitor. Upon removal of the ex isting steel culvert currently used for farm access
across Tank Farm Creek , the channel shall be restored to match conditions immediately upstream
and downstream including channel width, gradient, and vegetation.
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Mitigation Measure B10-2i. To reduce eros ion and runoff from all exposed soil s, all bare disturbed
soil s shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minjmum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which Project activities occurred. A ll exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seedi ng, straw, or mulch as soo n as is practica l to reduce eros ion.
Mitigation Measure B10-2j. Th e Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of th e
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
placement of th e bridge and footings shall be indicated on the Development Plan , VTM, and
Biological Mitigation Plan, and shall show the bridges' placement in relation to existing vegetation
and the creek channel and banks.
Mitigation Measure AG-I. The Applicant shall establi sh an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City's priority is that s uch agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implem ented using one of the following options:
a. The Applicant shall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection , within the City of San L uis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or place in a conservation easement a parcel of land of at least 71 acres of
equal quality farrnland , or provide in-lieu fees to allow the City to complete such an
acquisition.
b. If no s uitabl e parcel ex ists within the C ity limits, the Applicant shall identify and purchase
or place in a conservation easement a parcel of farmland , of equal quantity and quality,
w ithin the City's Sphere of Influence that is threatened by development of nonagricultural
uses . The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere ofTntluence). The App li cant may a lso provide
in-lieu fees to allow the City to complete such an acquisition.
c. ln the event that no s uitabl e la nd is avai labl e within the City limits or City's Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland , of equal quantity and quality , within the City's urban reserve or
greenbelt that is threatened by d evelopment of nonagricultural uses. T his parcel shall be
placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to
complete such an acquis ition.
d. 1n the event that no su itable land for an agricultural conservation easement is available for
purchase witrun the City limits , the City's Sphere of Influence, or urban reserve or
greenbe lt Planning Area , the Applicant s hall identify and purchase or p lace in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e.g ., agric ultural lands north and so uth of Buckley Road) that is considered to be
threatened by the conversion to nonagricultural use. Thi s parcel s hall be placed in an
agricultural conservation easement. The Applicant may also provide in -l ieu fees to allow
the C ity to complete s uch an acquisition. Tbe Applicant shall demonstrate that such land is
as close in proximity to the City as feasib le.
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Mitigation Measu re HYD-4a. A s it e-spec ific, geotech nical in vesti gation shall be compl eted in
areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the
proposed depth ofHDD is appropriate to avoid frac-outs (i .e ., the depth of finest grained sediments
and least fractures) and to determine appropriate HOD methods (i.e., appropriate drilling mud
mixtures for specific types of sediments). The investigation shall include results from at least three
borings , a geologic cross section, a discussion of diilling conditions, and a history and
recomm endation s to prevent frac-outs.
Mitigation Measure H YD-4b. A Frac-out Contingency Plan shall be completed and shall include
measures for training, monitoring, worst case scenario eva luation, equipment and materials, agency
notification and prevention, containment, clean up, and disposal of released drilling muds.
Preventative measures would include incorporation of the recommendations of the geotecbnica l
investigation to determine the most appropriate HDD depth and drilling mud mixture. In
accordance with the RWQCB , HDD operations sha ll occur for non-perennial streams such as Tank
Farm Creek only wh en the stream is dry , and only dming daylight hours. In addition , drilling
pressures shall be closely monitored so that they do not exceed those needed to penetrate the
formation. Monitoring by a minimum of two City-approved monitors (located both upstream and
downstream , who wi 11 move enough to monitor the entire area of operations) sh al I occur throughout
drilling operations to ensure swift response in the event of a frac-out , while containment shall be
accomp li shed through construction of temporary berms/dikes and use of si lt fences , straw bales,
absorbent pads, straw wattles, and plastic sheet ing. Clean up shall be accomplished with plastic
pails, shove ls , portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be
submitted to the C ity , and the RWQCB shall review the plan.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into, the
MP A to avoid or lessen to a less than significant level the significant env ironmental effects
identified in the Final EIR. MM BIO-I a will avoid or minimize impacts to biological resources,
minimize erosion and retain sediment by implementing best management practices . MM BI0-2a
would avoid the potential im pacts of manufactured slopes and the Class I bicycle path intruding
into the bank of Tank Fam, Creek or its riparian habitat by establishing setbacks for a wider wildlife
corridor. This would also protect the creek and riparian habitat from potential impacts associated
with temporary or permanent loss of habitat, construction impacts , si ltation and erosion, and
operational impacts associated with increased human activity. Implementation of MM BI0-2b
through 2c would offset the lo ss of sensitive habitat and trees and compensates at appropriate
replacement ratios onsite consistent with appropriate age nci es , to the maximum extent feasible.
Impacts to riparian vegetation would be reduced within implementation of MM BI 0 -2d and 2e.
MM BI0-2g would en sure appropriate restoration of riparian habitat. MM BI0-2h would reduce
potential erosion and si ltation impacts within the creek. Implementation of MM B10-2i in
combination with MM BIO-I a and 1 b and all subparts , would reduce temporary impacts to
jurisdictional aquatic features from construction activities by requiring work to be completed when
water flow in the creek is dry, and appropriate measures are taken to prevent sedi mentation. MM
BI0-2j would address potential impacts to Tank Farm Creek from the proposed Class I bicycle
path footings placement. MM HYD-4a and b would address potential impa cts of frac-outs.
Implementation of MM BI0-2a through MM BI0-2e, MM BI0-2g through BI0-2j, in combination
with MM BIO-la and band MM HYD-4a and b, would reduce impacts to sensitive habi tats to less
than significant after mi tigation.
3. Impact BI0-3. Onsite MPA development would interfere with the movement of common wildlife and
special status species through establishment of confined wi ldlife corridors within the Project s ite. (Refer
to pages 3.4-53 and 5-55 of the Final EIR.)
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a. Mitigation: The fo llo wing m itigatio n measures would be required .
Mitigation Measure BIO-la. The Applicant shall prepare and implement a B iological Mitigation
Plan that id entifi es constructio n-related stag in g a nd maintenance areas and includes Project-
specific construction best management practices (B MPs) to avoid or m inimi ze impacts to biological
resources, in cluding a ll measures needed to protect riparian woodland alon g Tank Farm C reek,
minimize eros ion, and retai n sediment on th e Proj ect site. S uc h BMPs sha ll in c lude (but not be
limited to) the following:
23. Constructio n equip men t an d vehic les shall be stored at least I 00 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance a rea .
24 . Prior to construction activities adjacent to Tank Farm C reek, the creek shall be fe nced wi th
orange construction fencing and signed to prohibit entry of construction eq ui pment and
personnel unless a uth orized by th e C ity . F encing shou ld b e located a minimum of 20 feet
from the edge of the riparia n canopy or top of bank, whichever is furt her from the creek,
and shall be maintained throu ghou t the construction period for each phase of development.
25. In the event that construction must occur within t he c reek or 20-foot creek setback , a
biolog ic a l monitor s hall b e present during all such acti vities with the au th oiity to stop or
redirect work as needed to protect biological resources .
26. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepuscu lar (dawn and dusk activity period)
species. No construction night lighting shall be permitted with in 100 yards of the top of the
creek banks.
27. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any constrn ction equipm ent (e.g ., species have not
c limbed in to w hee l wells, engine compa1tments, or und er tracks s in ce the equi pment was
last parked). Any sensitive wi ldlife species found during inspections shall be gently
encouraged to leave the Proj ect site by a qualified biologist or otherwise trained and City-
approved personnel.
28. Pallets or secondary containment areas for chemicals, drums , or bagged materials shall be
provi ded . Should material spills occ ur , materials a nd/or contamina nts shall be cleaned from
the Proj ect site and recycled or disposed ofto the satisfaction of the Regional Water Quali ty
Control Board (RW QCB).
29. All tras h a nd construction debris shall be picked up and prop erl y disposed at th e end of
each d ay and waste dumpsters s ha ll be covered w ith plastic she eting at the end of each
workday and during storm events. A ll sheeting sha ll be carefully secured to withstand
weather co nditions.
30. T h e Applicant shall imp lement erosion control meas u res designed to minimize erosion and
retain sedjment on the Project site . Such measures shall include installation of silt fencing,
straw waddles , or oth er acceptable eros ion control d evices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. A ll drainage shall be directed t o
sediment basins designed to retai n a ll sedimen t onsite.
3 1. Concrete truck and tool washout shou ld occur in a designated lo catio n s uch that no runoff
wi ll reach the creek.
32. All open trenches shall be co nstructed with appropriate exit ramps to a llo w species that
incide nta ll y fa ll in to a trench to escape. All open trenches sha ll be inspected at the
beginning of each work d ay to ensure that no wi ldlife species is present. Any sensitive
wildlife species foun d during inspections s hall be gentl y encouraged to leave th e Proj ect
site by a qualified biologist or otherw ise tra in ed and City-approved personnel. Tre nch es
w ill remain open for the shortest period necessary to complete requ ired work.
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33. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amow,t of di sturbance of undeveloped areas and all co nstruction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
Mitigation Measure BIO-lb. T he Applicant shall retain a qualified Environmental Monitor,
s ubj ect to review and approval by the City and in consu ltation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
appl icable laws , regulations, and policies. Th e Environmental Monitor sha ll monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities , and provide quarterly
repo1ts to the City regarding construction activities , enforcement issues and remedial measures.
Tbe Environmental Monitor s hall be respons ibl e for conducting in spections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil , or any other potential exposure risk to wildlife. If any exposure risk
is identifi ed, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologi st s hall be present during all construction occurring within
50 feet of Tank Fann Creek, riparian habitat, drainages, and seasonal or pennanent wetlands. The
b iologist shall also conduct sensitive species surveys immediately prior to construction act ivities
(within the appropriate season) and shall monitor construction activities in the v icinity of habitats
to be avoided (see also , MM BI0-3 and all subpaits below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis . The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
Mitigation Meas ure BI0-2a. Proj ect d esigns shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured s lopes for housing pads in order to create a minimum of a
35 -foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of conidor le ngth . No more than l O percent of the
length of the corridor (700 linear feet) s hall have a setback of less than 35 feet, but at least 20 feet
from the top of t he bank or edge of ripa1ian canopy, whichever is further. However, in any instance
the creek setback shall be no Jess than 20 feet from the e dge of riparian canopy or top of bank,
whichever is further, consistent with Section l 7.16.025 of the City of San Lui s Obi spo Zoning
Regulations.
Mitigation Measure BI0-2b. The Biological Mitigation Plan shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City's
Natural Resource Manager and C DFW. A copy of the final plan sha ll be submitted to the City for
review and approval. The plan shall be implemented by the Proj ect Applicant, under supervision
by the City and Environmental Monitor, and:
1. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
2. Describe the approach that will be used to rep lace the wetland and riparian habitat removed,
lost, or adversely impacted by the Proj ect, inc luding a li st of the soil, plants, and other
material s that will be necessary for s uccessful habitat replacement, and a description of
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planting methods , location, spac in g , erosion protection, and irrigation m easures that will
be need ed. Restoration and habi tat e nhan cement shall includ e use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establi shmen t of wetland plants s uch as wi ll ows,
cottonwood s, rushes, and creeping wild rye.
3 . D escribe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, con sistent with MM BI0-2c through BI0-2e below a nd the findings in the
Biological Report (Appendix I).
4 . D escribe the program that will be used fo r monitoring the effectiveness and success of the
ha bitat replacement app ro ach .
5. D escribe how the hab itat replacement approach w ill be s upp lemented or modified if the
monitoring program indicates that the c unent approach is not effective or successful .
6. D esc rib e the criteria that will be used to eval uate th e effectiveness and success of the
habitat replacement approach.
7. Indicate the timing and sch ed ul e for the planting of replacement habitat.
8 . Habi tat restoration or e nh a nc e ment areas shall be estab l ish ed within the Proj ect boundaries,
adjacen t to and contiguous w ith existin g wetla nds to t he maximum extent possible.
H abitats suitable for Congdon 's tarplant a nd other native wetland spec ies shall be created
o n site. Tf Congdon's tarp lant is found in areas proposed for disturbance, the affected
indi viduals shall be replaced at a l: 1 ratio through seedi ng in a suitable conserved natura l
open space a rea. A management plan fo r the spec ies sh all be deve loped consistent w ith
appl icabl e scien tific literature pertinent to thi s spec ies .
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and mo nitored for a minimum of five years. If s ufficient o nsite
mitigation a rea is not practicable, an off site mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved b y permitting agencies .
I 0. The Biol ogical Mitigation Pl an sha ll id entify appropri a te restoration and enhancement
activ iti es to compensate for impacts to seaso nal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans u sing lo ca lly o btained native
species and include habi tat enhancement to s uppo ,t native wi ldlife and plant species .
11. A weed management plan and weed identification li st shall be included in the B io lo g ical
Mitigation Plan .
12. Habi ta t restoration o r enhancement areas shall be mainta in ed weekly fo r the first three
years after Phase completion and quarterly thereafter. Main ten ance shall include
eradicat ion of noxious weeds fou nd on California D epa rtmen t of Food and Agriculture
L ists (CDFA) A and B. Noxious weeds on CDFA list C ma y be eradic ated or otherwise
managed.
13. Mi tigation impl ementation and s uccess shall be monjtored quarterly for the first two years
after completion of each Phase, semi-a nnua ll y d urin g the t hird yea r, a nd annually the fourt h
and fifth years. Annual reports documenting s it e inspections and site recovery status sh all
b e prepared and sent to th e Co unty and appropriate agencies.
Mitigation Measure B10-2c. Within th e required Biologica l Mitigation P lan , all temporary and
permanent impacts to riparian trees, wetlan ds, and riparian hahitat shall be mitigated, as follows:
I . Temporary impacts to wetland a nd 1iparian habitat sh all be mitigated at a rujnimum 1: J
mitigation ratio for restoration (area of restored ha bitat t o impacted habitat).
2. Pennanent impacts to state jurisdjctional areas, incl ud ing isolated wetlands within
agric ult ur al la nd s a nd rip arian habi ta t w ill be m itigated a t a 1.5: I ratio (area ofrestored and
enh anced habitat to impacted h abitat).
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3. Pennanent impacts to federal wetlands shall be mitigated at a minimum 3: 1 ratio ( l: l area
of created to impacted habitat plus 2: 1 area of created/enhanced habitat to impacted
habitat).
4. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be
replaced in-kind at a minimum ratio of 3: I (replaced: removed). Trees measured at 24
inches or greater DBH shall be replaced in-kind at a minimum ratio of l 0: 1. Willows and
cottonwoods may be planted from live stakes following guidel in es provided in the
California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and
container stock (CDFW 2010). Permanent impacts to riparian vegetation shall be mitigated
at a 3: I ratio to ensure no net loss of acreage and individual plants.
5. Replacement trees shall be planted in the fall or winter of the year in wh ich trees were
removed. All replacement trees will be planted no more than one year following the date
upon which the native trees were removed. Replacement plants shall be monitored for 5
years with a goal of at least 70 percent surv iva l at the end of the 5-year period.
Supplemental irrigation may be provided during years l to 3; however, supplemental
watering shall not be provided during the final two years of monitoring.
Mitigation Measures B10-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South Creek Segment to protect a ll existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
Mitigation Measure B10-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
Mitigation Measure B10-2g. A post-construction landscape and restoration report for each phase
sha ll be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the :final grading, plantings, and habitat restoration activities. The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete . The
as-built plans sha ll be prepared by landscape and grading contractors responsible for realignment
and restoration witl1in Tank Farm Creek.
Mitigation Measure BI0-2/t. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards , and be subject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Fann Creek, the channel shall be restored to match conditions immediately upstream
and downstream including channel width , gradient, and vegetation.
Mitigation Measure B10-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass species and may contai n one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which Proj ect activities occurred. All exposed
areas where seeding is cons id ered unsuccessful after 90 days shal l receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
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Mitigation Measure B10-2j. Th e T ank Farm Creek Class I bi cycle path bridge footings for creek
crossings s hall be placed outside mapped riparian areas and outside t he top of the bank of th e
channel invert. T h e Class I bridges shall be located w ith in areas that have li ttle to no ripari an
vegetati on. No constructi on activiti es or equipment shall occur in th e str eam cha nn el. The
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biolog ical Mitigation Plan, a nd sh all show the bridges' placement in relation to existing vegetation
and the creek cha nn el and banks.
Mitigatio n Measure B10-3a. The C ity-approved qualified biol ogist sh all conduct training to all
constructio n personnel to famil iari ze construction crews with sensitive species that have the
potential to occur w ithin the Proj ect site. This may include but is not l imited to: Cal i fornia red-
legged frog , western pond turtle , Steelhead trout, bats , migratory bird s , an d Co ngd on 's tarplant.
The educationa l program shall include a d escript io n wh at constitutes take, penalties for take, and
the guid el ines that would be followed by all construction personnel to avoid take of species during
construction acti vities. D escrip tio ns of t he California red-l egged frog a nd its ha bits , Congdon 's
tarplant, nesting and migratory birds that may be encountered, and a ll other sensit ive species that
have a potential to occur w it hin the vicinity of Project con struction shall be provided . The
construction crew foreman s hall be responsible for e nsu ring that crew members comply with the
guidelines and that all new personnel receive the training before partaking in construction activities.
Mitigation Measure BI0-3b. The Biological Mitigation Plan sha ll address wildlife and specia l
status species movement as fo llows:
• M i gratory a nd Nesting Bird Manage ment. Grading and construction activities s hall
avoid the breeding season (typicall y assumed to be from February 15 to August 15) to the
extent practicable, particularly withi n 50 feet of T ank Farm Creek and riparian or wetland
habitat. If Project acti vities must be conducted during this period, pre-construction nesting
bird surveys shall take place w it hin one week of habitat disturbance associated with each
phase, and if active nests are located, th e fo llowing sha ll be impl emented:
• Construction activities within 50 feet of active nests shall be restri cted until chicks have
fl edged, unl ess t he ne st belongs to a raptor, in w hich case a 200-foot activ ity restriction
buffer shall be observed.
• A pre-construction survey report sh all b e su bmitted to the City immediately upon
completion of the survey. T he report shall d etai l appropii ate fenc ing or flaggin g of the
b uffer zone a nd make recommendations on additional monito rin g requirements. A map of
the Project site and nest locations sh a ll be included with th e report.
• The Proj ect biologist conducting the nesting survey shall have the authority to reduce or
increase the recomm ended bu ffer depending upon site condi tions and the species involved .
A report of find in gs and recommendations for bird protection shall be submitted to the City
prior to vegetation removal.
• Bat Col o ny Management. P rior to removal of any trees over 20 inches diameter-at-breast-
he igh t (DBH), a s urvey s hall be conducted b y a CDFW-approved qualified biologist to
d etermin e if any tree proposed for removal or trimming harbors sensitive bat species or
maternal bat colonies. Maternal bat coloni es shall not be disturbed . If a non-maternal roost
is fou nd, the qual ifi ed biolog ist shall in stall one-way va lves o r other appropriate passive
relocation method. For each occupied roost removed, one bat box s hall be installed in
similar habitat and shall have si milar cavities or crevices to those wh ich are removed,
including access , venti lati on, dimensions, he ig ht above g round, and th e rmal condi t ion s. If
a bat colony is exclud ed from the Proj ect site, appropiiat e alternate bat habitat shall be
install ed in t he Project site. To th e extent practicable, alternate bat house install at ion shall
b e in stall ed near th e onsit e dra in age.
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• Congdon 's Tarpl ant Management. Prior to initiation of construction, the Applican t shall
fund a site survey for Congdon 's tarplant, and:
• If Congdon ' s tarplant is found in areas proposed for building, the affected individuals shall
be replaced at a 1: l ratio through seedi ng in a suitabl e conserved natmal open space area.
• A mitigation and monitoring plan for the species s hall be developed consistent with
applicable scientific literature pertinent to this species . The plan shall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdo n 's
tarplant to a less than significant level.
• The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon's tarplant seeds from the site shall be
reintroduced.
• Sensitive Species Management. Injury or mortality to t he California red-legged frog,
western pond turtle, and steelhead shall be avoided. The plan shall include the following
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs , turtles, and steelhead from the work area by a
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(CDFW) and federa l (USACE and USFWS) regulatory agencies with ju1isdiction. Any
other sensitive species observed during the pre-construction surveys shall be relocated out
of harm's way by the qualified biologist into the nearest s uita bl e habitat as d etermined in
consultation with the jurisdictional resource agency outside the disturbance area.
Mitigatio11 Measure BIO-Jc. Within 48 hours prior to construction activities within 50 feet of Tank
Fam1 Creek, drainages, and seasonal wetlands , the Project s ite shall be surveyed for California red-
legged frogs by a qualified biologist. If any California red-legged frogs are found , work within 25
linear feet in any direction of the frog shall not start until the frog has been moved from the area.
The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biolog ical
Opinion from the USFWS and any additional authorization required by other regulatory agencies
prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or
USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland
movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion
fencing should contain no gaps and must extend at least 18 inches above ground; fences may be
opened during periods of no construction (e.g., weekends) to prevent entrapment.
Mitigation Measure BI0-3d. Within 48 hours prior to construction activities within 50 feet of Tank
Fann Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed
for western pond turtles by a qualified biologist. If any western pond turtles are found , work shall
cease until the turtle is relocated to t be nearest suitable habitat. The qualified biologist shall monitor
all ground breaking work conducted within 50 feet of western pond turtle habitat. The City-
approved biologist Environmental Monitor may detennine that silt fencing shall be in stalled
adjacent to western pond turtle habitat if concerns arise that the western pond tu.rtle overland
movement could allow them to access construction areas.
b. Finding: The City finds that changes or alterations have been required in , or in corporated into , the
MP A to avoid or lessen to a less than significa nt level the s ignifican t env ironmental effects
identified in the Final EIR. (See FEIR pages 3.4-61 through 3.4-62 and 5-55.) MM BI0-3a through
3d would reduce potential direct permanent impacts to wildlife species from loss of habitat and loss
of species. MM BT0-3a would provide educational training all construction personnel in order for
them to identify sensitive species , take appropriate actions, and avoid "take". MM BI0-3b through
3d would reduce potential impacts to special status birds and bats to less than sign ificant by
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avoid in g disturbance during the breeding season and roosting times when these species are most
vulnerable to disturbance and ensuring compliance with appropriate avoidance buffers if
construction during the season cannot be avoided. Mitigation would limit construction in the creek
during nesting season and peak activ ity periods, thu s red uc in g impa cts to migrating species .
Impl ementation of MM BI0-3b through 3d would also reduce potential impacts to special status
amphibians, reptiles, and fish by requiring plan preparation with requirements for pre-construction
s urveys for the spec ies, includ ing deve lopment of ne cessary additiona l avoida nce and minimization
measures, and onsite monitoring during construction to prevent construction runoff from
contaminating aquatic habitats . MM BI0-3b would minimize or avoid impacts to Congdon's
tarplant. MM BIO-la will avoid or minimize impacts to biological resources and sensitive spec ies
by implementing best management practices. MM BI0-2a would avoid the potential impacts of
manufactured slopes and the Class I bicycle path intruding into the bank of Tank Farm Creek or its
riparian habitat by establishing setbacks for a wider wildlife corridor. This would also protect
sensitive species from potential impacts associated with temporary or permanent loss of habitat,
construction impacts, siltation and erosion, and operational impacts associated with increased
human activity. Implementation of MM BI0-2b through 2c would offset the loss of sensitive habitat
and trees and compensates at appropriate replacement ratios onsite consistent with appropriate
agenci es , to the maximum extent feas ibl e . Impacts to sensitive species would be reduc ed with
implementation of MM BI0-2d and 2e. MM BI0-2g would ensure appropriate restoratio n of
ripadan habitat. MM BI0-2h would reduce potential erosion and siltation impacts within the creek.
Implementation of MM BI 0-2i in combination with MM BIO-la and 1 band all su bparts, would
reduce temporary impacts to sensitive species from constrnction activities, and appropriate
measures are taken to prevent sedimentation. MM B I0-2j would address potential impacts to Tank
Farm Creek from the proposed Class I bicycle path footings placement. Impacts would be less than
significant after mitigation ..
4. Impact BI0-4. Offsite improvement s to and extension of Buckley Road and associated bicycle and
pedestrian paths have the potential to create permanent impacts to special status species through
removal of suitable habitat. (Refer to page 3.4-62 and 5-55 of the F inal EIR.)
a. Mitigation: The following mitigation measures would be required.
Mitigation Measure BIO-la. The App licant shall prepare and imp lement a Biological Mitigation
Plan that identifies construction -related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources , in c luding all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion , and retain sediment on the Proj ect site . Such BMPs shall include (but not be
l imi ted to) th e follow in g:
34. Construction equipment and vehic les shall be stored at least 100 feet away from Tank Farm
Creek and adjacent ripa1ian h abitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
35. Prior to construction activities adjacent to Tank Farm Creek, the creek s hall be fenced with
orange construction fencing and signed to prohibit entry of construction equipment and
personnel unless authorized by the City. F encing should be located a minimum of 20 feet
from the edge of the riparian canopy or top of bank, whichever is further from the creek,
and shall be maintained throug hout the construction period for each phase of development.
36. In the event that construction must occur within the creek or 20-foot 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.
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37. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period)
species. No construction night lighting shaU be pennitted within 100 yards of the top of the
creek banks .
38. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment ( e.g., species have not
climbed into wheel wells, engine compartments, or under tracks s.ince the equ ipment was
last parked). Any sensitive wi ldlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
39. Pallets or secondary containment areas for chemicals , drums , or bagged materials shall be
provided. Should material spilJs occur, mate1ials and/or contaminants shall be cleaned from
the Project site and recycled or disposed ofto the satisfaction of the Regional Water Qua lity
Control Board (RWQCB).
40. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
41. T he Appl icant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptab le erosion control devices along the perimeter of Tank
Fa1m Creek and at the perimeter of all cut or fill s lopes. A ll drainage shall be directed to
sediment basins designed to retain all sediment onsite.
42. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
43. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise tra ined and City-approved personnel. T re nches
will remain open for the shortest period necessary to complete required work.
44. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of di sturbance of u ndeve loped areas and all constructio n access road s
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
Mitig ation Meas ure BIO-lb. The Applicant shall retain a qualified Env ironmental Monitor,
subject to review and approva l by the City and in consultation w ith CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
appl icable laws, regulations, and policies . The Environmental Monitor shall monitor all
construction activ ities , conduct a biological reso u rces education program for all construction
workers prior to the initiation of any clearing or construction activities , and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedia l measures .
The Environmenta l Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wi ldlife removals to e liminate the exposure risk.
In addition, a CDFW-approved b io logist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or pennanent wetlands. The
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biologist shall a lso cond uct sensitive species surveys immediately prior to con struction activities
(within the a ppropriate season) and shall m onitor construction activities in the v icin ity of habitats
to be avoided (see also, MM BI0-3 and all subparts below).
The work area boundaries a nd other off-limit areas s hall be identified by th e biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fe nci ng each work day during constructio n activ iti es to ensure
that sens itive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monito r.
Mitigation Measure BI0-3a. The C ity-approved qualified bio logist shall conduct training to all
constructio n personnel to famil iarize construction crews w ith sensitive species that have the
potential to occur w ithin the Proj ect site. This may include but is not limited to: Cal ifornia red -
legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon 's tarp lant.
The ed ucation a l program s h a ll includ e a d escriptio n what constitutes take, penalties for take, a nd
the guide lines that would be followed by all construction person ne l to avoid take of species during
construction activities. D escii ptions of th e California red-legged frog and its h abits , Congdon's
tarplant, nesting and migratory birds that may be encou nte red , and all othe r sens itive spec ies that
have a potential to occur w ithin t he v icinity of Project co nstruction s hall be provided. The
construction crew foreman shall be responsible for ensuring that crew members compl y with the
guidelin es and that a ll new personnel receive th e training before partaking in construction activities.
Mitigatio n Measure BI0 -3b. T he Biological Miti gation Plan sha ll address wildlife a nd special
s tatus species movement as fo ll ows:
o M i gratory a nd Nesti ng Bird Management. Grading and constru ction activities shall
avoid the breeding season (typ ic a ll y assumed to be from February 15 to August 15) to the
extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland
ha bitat. If Proj ect acti vities mu s t be conducted during this period, pre-construction nesting
bird surveys sha.11 take place w ithin one week of habita t disturbance assoc iated with each
phase, and if active nes ts are located, the following shall be implemented:
o Con struction activities within 50 feet of active nests shall be restricted until chicks have
fledged, unless t he nest belongs to a raptor, in which case a 200-fo ot activity restiiction
buffer shall be observed .
o A pre-construction survey report s hall b e submitted to th e C ity immediate ly upon
completion of t he survey. T he report shall d etai l appropriat e fencing or flagg ing of the
buffer zone and m ake recommendations on add iti onal monitoring requirements . A map of
the Proj ect s ite and n est locations s ha ll be in cluded with th e report.
o T he P roject biologist c onducting the nesting survey shall have the authority to reduce or
increase the recomm ended buffer depending upon site condi tion s and the species involved.
A report of findings and recommendations for bird protection s hall be submitted to th e City
prior to vegetation removal.
o Bat Co lo ny Manageme nt. Pri or to removal of any trees over 20 in c hes di ameter-at-b reast-
height (DBH), a survey s hal l b e conducted by a CDFW-approved qualified biologist to
detennine if any tree proposed fo r removal or trimming h arbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-mate rnal roost
is fou nd, the qualified biologist s hall in stall one-way valves or other appropriate passive
relocation method. For each occupied roost removed , one bat box s hall be installed in
si milar habitat a nd s h a ll have simi lar caviti es or crevices to those w hi ch are removed,
including access, ventil a ti on, dimensions, height above ground, and th ern1a l condjtions. If
a bat colo ny is excluded fro m th e Proj ect s it e, appropriate alternate bat habitat shall b e
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installed in the Project site. To the extent practicable, alternate bat house installation shall
be in stalled near the onsite drainage.
o Congdon 's Tarplant Management. Prior to initiation of construction, the Applicant shall
fund a s ite survey for Congdon 's tarplant, and:
o TfCongdon 's tarplant is found in areas proposed for building, th e affected individuals s hall
be replaced at a 1: 1 ratio through seeding in a suitable conserved natural open space area.
o A mitigation and monito1ing plan for the species shall b e developed consistent with
applicable scientific literature pertinent to this species. The plan shall provide for the
annual success over an area of at least 1 ,330 square feet with approx imately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdon 's
tarplant to a Jess than significant level.
o The mitigation plan shall be incorporated into t he Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon 's tarplant seeds from the site s hall be
reintroduced.
o Sensitive S pecies Management. Injury or mortality to the California red-l egged frog ,
western pond tu1tle, and steelh ead s hall be avoided. The plan shall include the following
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs , tmtles, and steelh ead from the work area by a
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(C DFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any
other sensiti ve species observed during the pre-construction surveys s hall be relocated out
of hann' s way by the qualified biologist into the nearest suitable habitat as d etern1ined in
consultation with the jurisdictional resource agency outside the disturbance area.
Mitigation Meas ure BI0-4. The required Biological Mitigation Plan sha ll address bat colonies for
the Buckley Road Extension site. Bat surveys s hall be conducted in buildings proposed for
d emolition. If surveys determine bats are present, bat exclusion devices shall be install ed between
August and November, and building demolition would occur between November and March. If
demolition of structures mu st occur during the bat breeding season , buildings must be inspected
and deemed clear of bat colonies/roosts within seven days of demolition and an appropriately
train ed and approved biologist must conduct a daily site-c learance during demolition. ff bats are
roosting in a structure in the Project site during the daytime but are not part of an active maternity
colony, then excl usion measures must include one-way valves that allow bats to get out but are
designed so that the bats may not re-enter the structure .
b. Finding: The City fin ds that changes or alterations have been required in , or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See pages 3.4-63 and 5-55 of the Final EIR.) With the implementation
of mitigation measures MM BI0-3a through 3b, as well as MM BI0-4, which require pre-
construction surveys and exclusion measures for sensitive bats and protection or replacement of
the Congdon's tarplant, impacts to bat colonies and sensitive plant species due to the Buckley Road
Extension would be Jess than significant after mitigation. Additionally, with MM BIO-I a and 1 b ,
which provide best management practices during construction, impacts to sensitive species in the
offsite Buckley Road Extension site would be less than significant after mitigation.
5. Impact BI0-5. Long-term operation of the MP A has the potential to create significa nt impacts to
biological resources as a result of increased light, noise , and increased human presence and other urban
edge effects. (Refer to pages 3.4-64 and 5-55-of the Final EIR.)
a. Mitigation: The following mitigation measures would b e required.
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Mitigation Measure B10-5a. All exterior building lights facing Tank Farm Creek shall be hooded
to prevent light spillover into the creek; all residential street lights over l O feet in height shall be
setback a minimum of 100 feet from the top of the creek bank and hooded and/or directed away
from the creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low
voltage and hooded downward. Artificial light levels within 20 feet of the top of the creek bank
s hall not exceed I-foot candle or the lowest level of illumination found to be feasible by the City.
Mitigatio n Measure BIO-Sb. Tank Fann Creek restoration/enhancement plantings shall include
native vegetation , such as oaks, cottonwoods, willows, and sycamores along the entire length of
the Proj ect's creek frontage in order to minimize light sp illover into the creek.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or Jessen to a less than significant level the significant environmental effects
identified in the Final EIR. I mplementation of MM BIO-Sa will restrict lighting near Tank Farm
Creek and MM BIO-Sb will ensure native vegetation is installed along the creek frontage to
minimize li ght spillover, red ucing the impact to Jess than significant. (See FEIR pages 3.4-65 and
5-55 to 5-56.)
6. Impact BI0-6. MPA development could impact offsite biological resources from sed ime ntation into
Tank Farm Creek. (Refer to pages 3.4-66 and 5-56 of the Final E IR.)
a. Mitigation: The following mitigation measures would be required.
Mitigation Measure BIO-la. T he Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along T ank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
1. Construction equipment and vehicles shall be stored at least I 00 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek, the creek s hall 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 th e edge of the riparian canopy or top of bank, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
3. I n the event that construction must occur within t he creek or 20-foot creek setback, a
biological monitor s hall be present during all s uch activities with the authority to stop or
redirect work as needed to protect biological resources.
4. Construction s hall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period)
species. No construction night li ghting shall be pennitted within I 00 yards of the top of the
creek banks.
5. Construction equipment shall be inspected at the beginning of eac h work day to ensure that
no wildlife species is residing witl1in any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks s ince the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
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encouraged to leave the Proj ect site by a qu a li fied biologist or otherwise trained and City-
approved person nel.
6. Pallets or secondary containment areas for chemicals , drums , or bagged materia ls shall be
provided. Should material sp ill s occur , materials an d/or contami na nts sha ll be clea ned from
the Proj ect si te an d recycled or disposed of to t he sati sfaction of the Regional Water Quali ty
Control Board (RWQCB).
7. All trash a nd construction debris shall be picked up and properly disposed at the end of
each d ay and waste dumpsters shall be covered w ith plastic sh eeting at the end of each
workday and during stonn events. All sheeting shall be carefully secured to withstand
weather co nd itions .
8. The Appl ic ant shall imp lement erosion control measures designed to min imize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles , or oth er acceptable eros ion control d evices alo ng the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. A LI drainage sha ll be directed t o
sedime n t basins designed to retain all sedim e n t onsite.
9. Co ncrete truck and tool washout should occur in a designated locatio n such that no runoff
w ill reach the creek.
10. All open trenches sh all be con structed with appropriate exit ramps to allow spec ies that
incidentall y fa ll in to a trench to escape. All open trenches sha ll be inspected at the
beginning of each work day to ensure that no wi ldli fe species is present. Any sensitive
wildlife species fo und during inspections shall be gently encouraged to leave the Proj ect
site by a quali fied biologist or oth erwise trained and C ity-approved personnel. Tre nch es
w ill remain open for the shortest period necessary to complete required work.
11. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and a l 1 construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
Mitigation Measure BIO-lb. The Applicant shall retain a qualified E nv ironmenta l Monitor,
subject to review and approval by the City and in consu ltation w ith CDFW, RWQ CB , and USFWS
to oversee compliance of the construction activities w ith the Biological Monitoring Plan and
appl icabl e laws, regulations, and policies. Th e Environmental Monitor sh all monitor all
construction activ iti es , conduct a biological re sources educatio n program fo r al l construction
workers prior to the initiation of any c learing or construction activities , and provide quarterly
reports to th e City regard in g constru ction activ iti es , enforcement issu es and remedial measures.
The Environm ental Monitor s hall be responsible for conducting in spections of t he work a rea each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have o il sheen, liquid o il , or any other potential exposure ri sk to wildl ife. If any exposure r isk
is id entifi ed, the Environmental Monitor shall implement measures t hat could include, but are not
limited to, hazing, fencing, and wi ldli fe removals to eliminate the exposure ri sk.
In additio n , a CDFW-approved biologi st shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall a lso conduct sensitive species surveys immediately prior to co nstruction acti vities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also , MM BI0-3 and a ll subpa rts below).
The work area boundaries and other off-lim it areas shall be identified by th e biologist and/or
Environmental Moni tor on a daily bas is . The biol ogist and/or Environmental Monitor sha ll inspect
constructio n and sedimen t control fe nci ng each work day during construction activ iti es to ensure
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that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmenta l Monitor.
Mitigation Measure BI0-2a. Proj ect des igns shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of T ank Farm Creek or edge ofripa1ian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge ofriparian canopy , whichever is further . However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further , consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
R egulations.
Mitigation Measure B/0-2/t. Project activities w ithin Tank Farm Creek and drainage channels,
including any tree pruning or remova ls, any necessary eros ion repairs, or culvert removals, shall be
pe1fonned when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards , and be subject to monitoring by the
Environmental Monitor. Upon removal of the ex isting steel culvert cun-ently used for farm access
across Tank Farm Creek , the channel shall be restored to match co nditions immediately upstream
and downstream including channel width , gradient, and vegetation.
Mitigation Measure BJ0-2j. The Tank Farm Creek C lass I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shalJ be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
p lacement of the bridge and footings s hall be indicated on the Development Plan, VTM , and
Biological Mitigation Plan, and shall show the bridges' placement in relation to existing vegetation
and the creek channel and banks.
Mitigation Measure B/0-6. All work in and within 100 feet of Tank Farm Creek, including work
w it hin the creek setback , s hall occur outside the rainy season (Apri l 15 to October 15 , un less
approved otherwise by RWQCB), during petiods when the creek channel is dry and water flows
are absent.
Mitigation Measure HYD-la. P1ior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall s ubmit a Notice of
Intent (NOI) for discharge from the Proj ect site to the California SWRCB Stonn Water Permit Unit.
Plan Requirements and Timing . Prior to issua nc e of grad ing permits for Ph ase 1 the Applicant shall
s ubmit a copy of the NOI to the City.
Mitigation Measure HYD-Jb. The Applicant s hall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. Th e contractor is responsible for understanding the State General Perm it and
instituting the SWPP P during construction. A SWPPP for site construction s hall be developed prior
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one ( 1) acre, or where the area of disturbance is less than one acre but is part of the Project's
p lan of deve lopment that in total disturbs one or more acres. The SWPPP sha ll identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
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• Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soi l stab ili zers shall be used .
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity a nd 24 hours
prior to and during in c lement weather conditions.
• Fiber rolls s hall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan sha ll be implemented to ens ure success of all onsite erosion and
sedim e ntation control measures.
• Du st control measures sha ll be impl emented to ensw·e s uccess of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs s hall be strictly followed to prevent spi lls and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances , etc.).
• Sandbags , or other equivalent techniques, shall be utilized along graded areas to prevent
si ltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel sto rage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant s hall file a Notice of
Completion for construction of the development, identifying that pollutio n sources were
controlled during the construction of the Project and impl ementing a closure SWPPP for
the s ite.
• Plan Requirements and Timing. T he App licant shall prepare a SWPPP that includes the
a bove and any additional required BMPs. The SWPPP and notices shall be submitted for
review and approval by the City prior to the issuance of grading pennits for Phase l
construction. The SWPPP sha ll be d es igned to address eros ion and sediment control during
all phases of development of the site until all di sturbed areas are permanently stabilized.
Mitigatio11 Measure HYD-l c. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , th e
MP A to avoid or Jessen to a less than significant level the significant environmental effects
identified in th e Final EIR. S ignificant impacts to downstream biological resources from
construction related sedimentation would be reduced to less than significant with the
implementation of MM BIO-la and lb, MM BI0-6, MM HYD-la through -le. (See FEIR pages
3.4-67 and 5-56.)
7. Cumu l ative Biolo gical R esources Impacts. With retention of open space along the creek corridor and
incorporation of project specific mitigation measures, the project would be consistent with the L UCE's
detennination for a less than significant cumulative effect, and the MPA's contribution to regional
cumulative impacts to biological re sources would be s ignificant but mitigable. (Refer to pages 3.4-67
and 5-56 of the Final ETR.)
a. Mitigation : Th e following miti gation measures would be required to red uc e the Proj ect's
cumulatively cons id erable impacts to biological re so urces to a le ss than significant level.
Mitigatio11 Measure AG-1. The App licant shall estab lish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
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agric ul tural land. While the City's priority is that s uch agricultural land b e acquired in the closest
feasible proximity to the City, mitigation may be implem ented using one of the following options:
e. Th e Applicant s hall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, within th e City of San Luis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or place in a conservation easement a parcel of land of at least 71 acres of
equal quality farmland , or provide in-lieu fees to allow the City to complete such an
acquisition.
f. If no s uitabl e parcel exists within the City limits, th e Applicant shall identify and purchase
or place in a conservation easement a parcel of farmland , of equal quantity and quality,
within the City's Sphere oflnfluence that is threaten ed by development of nonagricultural
uses . The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use E lement for City Sphere ofJnfluence). The Applicant may also provide
in-lieu fees to allow the City to complete s uch an acquisition.
g. In the event that no suitabl e land is avai labl e within the City limits or City's Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland , of equal quantity and quality , within the City's urban reserve or
greenbelt that is threatened by development of nonagricultural uses. Thi s parcel shall be
placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to
complete such an acquisition.
h. In the event that no suitabl e land for an agricultural conservation easement is available for
purchase within the City limits, the City's Sphere of Influ ence, or urban reserve or
greenbelt Planning Area, the Applicant s hall identify and purchase or place in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e.g., agricultural lands no1th and so uth of Buckley Road) that is co nsidered to be
threatened by the conversion to nonagricultural use. This parcel shall be placed in an
agricultural conservation easement. The Applicant may also provide in-lieu fees to allow
the C ity to complete such an acquisition. The Applicant sha ll demonstrate that such land is
as close in proximity to the City as feasible.
Mitigatio11 Measure BIO-la. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
spec ific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Fann Creek,
minimize erosion , and retain sediment on th e Project site . Such BMPs shall include (but not be
limited to) the following:
1. Construction equipment and vehic les shall be stored at least I 00 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Fann Creek, the creek 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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20-foot creek setback, a
biological moni tor shall be present during all such activities with the authority to stop or
redirect work as needed to protect biological resources.
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4. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is soo ner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period)
species. No construction night lighting shaU be permitted within 100 yards of the top of the
creek banks.
5. Construction equipment s hall be inspected at the beginning of each work day to ensu re that
no wildlife species is residing within any construction equipment ( e.g ., species have not
climbed into wheel wells, engine compartm ents, or und er tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to Leave the Proj ect site by a qualified biologist or otherwise trained and City-
approved personnel.
6. Pallets or secondary containment areas for chemicals , drum s, or bagged materials shall be
provided. Should material spilJs occur, materials and/or contaminants shall be cleaned from
the Project site and recycled or disposed ofto the satisfaction of the Regional Water Quality
Control Board (RWQCB).
7. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
8. The Applicant s hall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of si lt fencing,
straw waddles , or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
9. Concrete truck and tool washout should occur in a designated locatio n such that no runoff
will reach the creek.
l 0. AU open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife spec ie s is present. Any sensitive
wildlife species found during inspections s hall be gently encouraged to Leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
11. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be lo cated to avoid high quality habitat and minimize habitat
fragmentation.
Mitigation Measure BIO-lb. The Applicant shall retain a qualified Environmental Monitor,
s ubject to review and approval by the City and in consultation with CDFW, RWQCB , and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmenta l Monitor shall monitor all
construction activities , conduct a biological resources ed u catio n program for all construction
workers prior to the initiation of any clearing or construction activities , and provide quarterly
reports to the City regarding construction activities , enforcement issues and remedial measures.
The Environmental Monitor s hall be re spons ible for conducting in spections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measu res that could include, but are not
limited to, hazing, fencing, and wi ldlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or pennanent wetlands. The
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biologist shall a lso conduct sensitive species surveys immediately prior to con struction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BI0-3 and all subparts below).
The work area boundaries a nd other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
constructio n and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
Mitigation Measure BI0-2a. Project d esigns shall be modified to realign the Tank Farm Class I
bicycl e path and relocate manufactured slopes for housing pads in order to create a minimwn of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge ofriparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than IO percent of the
length of the coITidor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from t he top of t he bank or edge of riparian canopy , whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from th e edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
Regulations.
Mitigation Measure BI0-2b. The Biological M itigation Pl an shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City's
Natural R esource Manage r and C DFW. A copy of the final plan shall be submitted to the City fo r
review and approval. The plan shall be implemented by the Project Applicant, under supervis ion
by the City and Environmental Monitor, and:
1. Characterize the type, species composition , spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed , lost, or damaged.
2. Desc ribe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soi l, plants , and other
materials that will be necessary for successful habitat replacement, and a description of
p lanting methods , location, spacing, erosion protection , and irrigation measu res that wi ll
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and coITection of bank stab ilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate estab lishment of wetland plants s uch as willows,
cottonwoods, rushes, and creeping wild rye.
3 . D esc1ibe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BI0-2c through BJ0-2e below and th e findings in the
Biological Report (Appendix I).
4. Describe the program that will be used for monitoring the effectiveness and success of the
habitat rep lacement approach.
5. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indi cates that the cuITe nt approach is not effective or successful.
6. Describ e the criteria that will be used to evaluate the effectiveness and success of th e
habitat replacement approach .
7. Indicate the timing and schedule for the planting of replacement habitat.
8. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible.
H abitats suitab le for Congdon's tarplant a nd other native wetland species shall be created
onsite. If Congdon's tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a I: l ratio through seeding in a sui table co nserved natural
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open space a rea. A management plan for the species shall be developed con sistent with
appl ic able scientifi c Iiteratw-e pertinent to this species.
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
s h a ll be m a in tained and mo ni tored for a minimum of five years. If sufficient o nsite
mitigation area is not practi cable, an off site mitigation plan shall be prepared as part of t he
Biological Mitigation Plan and approved by permitting agencies .
I 0. The Bi o logical Mitigation Pl an sha ll id entify appropri ate restoration and enh ancement
activ iti es to compensate for impacts to seasonal creek, wetland, and ripari an habitat,
including a detailed planting plan and maintenance plans using locall y o btained native
species and include ha bitat enh anceme nt to s up port native wi ldli fe and plant species .
11. A weed management plan and weed identification list shall be includ ed in the Biological
Mitigation Pl an.
12. Habitat restoration o r enhancement areas s hall be ma inta in ed weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds fou nd on California D epa rtmen t of Food and Agricultw-e
L ists (CDFA) A and B. Noxious weeds o n CDFA list C may be eradicated o r otherwise
managed.
13. Mitigation implementation and su ccess shall be monitored quarterly for the first two years
after completion of each Phase, semi -a nn uall y d urin g the t hird year, a nd annually the fourth
and fifth years . Annual reports documenting s ite inspections and site recovery status shall
be prepared and sent to th e County and appropr iate agenc ies.
Mitigation Measure BI0-2c. Within the required Biological Mitigation P lan, all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat sha ll be miti gated, as follows :
6 . T emporary impacts to wetland and riparian habitat shall be m iti gated at a m inimum I: 1
mitigation ratio for restoration (area of restored habitat t o impacted habitat).
7. Pennanent impacts to state jurisdictional areas, incl uding iso lated wetlands within
agric ul t ural la nd s and riparian habitat will be mitigated at a 1.5: 1 ratio (area ofrestored and
enhanced habitat to impacted habitat).
8. Permanent impacts to federal wetlands shall be mitigated at a minimum 3: I ratio (1: 1 area
of c reated to impacted habitat plus 2:1 area of c reated/en han ced habitat to impacted
habitat).
9. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be
repla ced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees m easured at 24
inches or greater DBH s hall be replaced in -kind at a minimum ratio of I 0: 1. Willows and
cottonwoods may be planted from live stakes following guidelines provided in the
Cal iforni a Salmon id Stream H abitat R estoration Manual. for planting dormant cuttings and
container s to ck (CDFW 20 l 0). Pem1anent impacts to riparian veget ation shall be mitigated
at a 3: 1 ratio to ensw·e no net loss of acreage and individual plants.
I 0. R eplaceme nt trees s hall be planted in th e fall or winter of the yea r in which trees were
removed. All replacement trees will be plant ed no more than one year following the date
up on which the native trees were removed. Replacement plants s hall be monitored for 5
yea rs w ith a goal of at least 70 percent surviva l at t he e nd of t he 5-year period.
Supplemental irrigation may be provided during years 1 to 3; however, supplemental
watering sh all not be provided during the final two years of monitoring.
Mitigation Measures BI0-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South C reek Segment t o protect all existing mature riparian
woodland , and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to th e north to this channel.
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Mitigation Measure BI0-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in th e realigned reach of Tank Fann
Creek. Stockpiled vegetation shall be placed in earthen bas ins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
Mitigati o11 Measure B10-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and habitat restoration activities . The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-built plans shall be pre pared by landscape and grading contractors responsible for realignment
and restoration withi n Tank Farm Creek.
Mitigation Measure B10-2 h. P roject activities w ithin Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals , shall be
perfonned when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be s ubject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream
and downstream inc luding channel w idth , gradient, and vegetation.
M itig a tio n Measure B10-2 i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. Tbe seed mix
shall contain a minimum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which P roject activities occurred. Al l exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
Mitig a tion Measure B10-2j. The Tank Farm Creek Class I bicycle patb bridge footings for creek
crossings sha ll be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall b e located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
p lacement of the bridge and footings s hall be indicated on the Deve lopment Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges' placement in relation to existing vegetation
and the creek channel and banks.
Mitig a ti o11 Meas u re B10-3a. The City-approved qualified biologist shall conduct training to all
construction personnel to familiarize construction crews with sensitive species that have the
potential to occur within the Project site. This may include but is not limited to: California red-
legged frog, western pond tu1tle, Steelhead trout, bats, migratory birds, and Congdon's tarplant.
The educational program shall include a descript ion what constitutes take, penalties for take, and
the guidelines that would be folJowed by all construction personnel to avoid take of species during
construction activities. Descriptions of the California red-legged frog a nd its habits, Congdon 's
tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that
have a potential to occur within the vicinity of Project construction shall be provide d. The
construction crew foreman shall be respon sible for ensuring that crew members comply with the
guidelines and that all new personnel receive the training before partaking in construction activities.
M itigatio 11 Measure B 10-3 b. T he Biological Mitigation Plan shall address wildlife and special
status species movement as follows:
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• Migratory and Nestin g Bird Ma nagement. Grading and construction activities shall
avoid the breeding season (typ ic a ll y assumed to be from February 15 to August 15) to the
extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland
habitat. If Project activities must be conducted during thi s period, pre-construction nesting
bird surveys shall take place within one week of habitat disturbance assoc iated with each
phase, and if active nests are located , the following shall be implemented:
• Construction activities within 50 feet of active nests shall be restricted unti l chicks have
fledged , unl ess t he nest belongs to a raptor, in which case a 200-foot activ ity restriction
buffer shall be observed.
• A pre-construction survey report s hall be subm itt ed to t he C ity immediately upon
completion of the survey. T he repor t shall d etail appropriate fencing or flagging of the
buffer zone and make r ecommendations on additional mo nitorin g requirements. A map of
the Project s ite and n est location s shall be in c luded w ith the report.
• The P roject biologist conducting t he nesting survey shall have t he authority to reduce or
incr ease the recommend ed buffer d epending upon s ite conditions and the species invo lved .
A report of find ings and recommendations for b ird protection s h a ll be submitted to th e City
prior to vegetation removal.
• Bat Co lony Manageme nt. P rior t o removal of any trees over 2 0 inches diameter-at-breast-
height (DBH), a survey s hall be conducted by a C D FW-approved qualified biologist to
d etermin e if a ny tree proposed for remova l or trimming harbo rs sensiti ve bat species or
mat ernal bat colonies. Maternal bat colonies shall not be d isturbed. If a non-maternal roost
is found , the qualified biologist s hall install one-way valves or other appropriate passive
relocation method. For each occupied roost r emoved, one bat box s hall be installed in
similar habitat and shall have similar cavities or crevices to those which are removed,
includ ing access, venti lation, dimensions, height above ground, and thermal conditi ons. If
a bat colo ny is exclud ed from th e P roject s ite, appropriat e a lternat e bat habitat s hall be
installed in the Project site. To th e extent practicable, alternate bat house installation shall
b e installed n ear the onsite drainage.
• Congdon's Tarplant Management. Prior to initiation of constructio n , the Applicant shall
fund a s it e survey for Congdon's tarplant, and:
• If Congdon ' s tarpl ant is fou nd in areas proposed for building, the affected individua ls shall
be replaced at a 1: 1 ratio through seeding in a s ui table conserved natural open space area.
• A mitigation and monitoring plan for th e species shall be developed consistent with
appl icable scientific literature pertinent to this species. The plan sh a ll provide for the
annual success over an area of at least 1,330 s q ua re feet with approximately 500-750
individual s (the current aer ial extent) and be implemented to r educe in1pacts to Congdon 's
tarpla nt to a less than s ignificant level.
• The mitiga tion plan shall be incorporated into the Bi ologica l Mitigation Pl a n, wherein
wetland sites sha ll be created and Congdon 's tarplant seeds from the site s hall be
r eintroduc ed.
• Sensitive Species Management. Injury or mortality to th e California red-legged frog,
western pond tu11le, a nd steelh ead s h all be avoided. T he plan s h all include t h e foll owing
measur es: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs , turtles, and steelh ead from the work area by a
professional biologist authorized by the USFWS and/o r C DFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the s tate
(CD FW) a nd federal (USACE an d USFWS) regulatory agencies with jurisdiction. Any
other sensiti ve species observed d u ring th e pre-construction su rveys s hall be relocated out
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of hann's way by the qualified biologist into the nearest suitable habitat as determined in
consultation with the jurisdictional resource agency outside the disturbance area.
Mitigation Measu re B10-3c. Within 48 hours prior to construction activit ies with in 50 feet of Tank
Fann Creek, drainages, and seasonal wetlands , the Project site shall be surveyed for California red-
legged frogs by a qualified biologist. If any California red-legged frogs are found , work within 25
l inear feet in any direction of the frog shall not start until the frog has been moved from the area.
The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological
Opinion from the USFWS and any additional authorization required by other regulatory agencies
prior to the commencement of work. The USFWS-qualified bio logist, Environmental Monitor, or
USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland
movement of frogs if concerns arise that frogs could enter construction areas . Frog-exclusion
fencing should contain no gaps and must extend at least 18 inches above ground; fences may be
opened during periods of no construction (e.g., weekends) to prevent entrapment.
Mitigatio n Measure B10-3d. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed
for western pond turtles by a qualified biologist. If any western pond turtles are found , work shall
cease until the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor
all ground breaking work conducted within 50 feet of western pond turtle habitat. The City-
approved b io logist Environmental Mon itor may determine that s ilt fencing shall be installed
adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland
movement could allow them to access construction areas.
Mitig ation Measure BI0-4. The required Biological Mitigation Plan shall address bat colonies for
the Buckley Road Extension s ite. Bat s urveys shall be conducted in bui ldings proposed for
demolition. If surveys determine bats are present, bat exclusion devices shall be installed between
August and November, and building demolition would occur between November and March. If
demolition of structures must occur during the bat breeding season , buildings must be inspected
and deemed clear of bat colonies/roosts within seven days of demolition and an appropriately
trained and approved biologist must conduct a daily site-clearance during demolition . l f bats are
roosting in a structure in the Project site during the daytime but are not part of an active maternity
colony, then exclusion measures must include one-way valves that allow bats to get out but are
des igned so that the bats may not re-enter the structure.
Mitig a tion Meas ure BIO-Sa. All exterior bui lding lights facing Tank Farm Creek shall be hooded
to prevent l ight spillover into the creek; all residential street lights over IO feet in height shal l be
setback a minimum of 100 feet from the top of the creek bank and hooded and/or directed away
from the creek. Any night lighting adjacent to the creek (e.g., walkway l ights) shall be of low
voltage and hooded downward. Artificial light levels within 20 feet of t he top of the creek bank
shall not exceed 1-foot candle or the lowest level of illumination found to be feasible by the City.
Mitigation Measu re BIO-Sb. Tank Farm Creek restoration/enhancement plantings shall include
native vegetation , such as oaks , cottonwoods , willows, and sycamores a long the entire length of
the Project's creek frontage in order to minimize light spillover into the creek.
Mitigatio n Meas ure 810-6. All work in and within I 00 feet of Tank Farm Creek, including work
within the creek setback, shall occur outside the rainy season (April 15 to October 15 , unless
approved otherwise by RWQCB), dming periods when the creek channel is dry and water flows
are absent.
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M itigation Meas ure H YD-Ja. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOi) for discharge from the Project site to the CaJjfomia SWRCB Stonn Water Penrut Unit.
Mitigation Meas ure HYD-lb. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General P ermit and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one (l) acre, or where the area of disturbance is less than one acre but is part of the Project's
plan of development that in total disturbs one or more acres. The SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to stonn water, and shall include specific
BMPs to control the discharge of material from the s ite. The following BMP methods shall include,
but would not be limited to:
• Tempora1y detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soil stabilizers shall be used.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures sha ll be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets suITounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal , construction entrances, etc.).
• Sandbags, or other equjvalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fue l handling that could
occur onsite du1ing construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Appl icant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
• Plan Requirements and Timing. The Applicant shall prepare a SWPPP that includes the
above and any additional required BMPs. The SWPPP and notices shall be submitted for
review a nd approval by the City prior to the issuance of grading permits for P hase I
construction. The SWPPP shall be designed to address erosion and sediment control during
all phases of development of the site until all disturbed areas are permanently stabilized.
Mitigation Meas ure HYD-lc. Installation of the eight drainage outlets within Tank Fa1m Creek
shall occur within the d1y season (May through October).
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final E IR. Implementation of MM BI0-2a would avoid the potential impacts of
manufactured slopes and the Class I bicycle path intruding into the bank of Tank Farm Creek or its
riparian habitat by establishing setbacks for a wider wildlife corridor. This would also protect the
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creek and riparian habitat from potential impacts associated with temporary or permanent loss of
habitat, construction impacts, si ltation and erosion, and operational impacts associated with
increased human activity. Implementation of MM B I0 -2b and 2c would offset the loss of sensitive
habitat and trees and compensates at appropriate replacement ratios ons ite consistent with
appropriate agencies , to the maximum extent feasible. Impacts to riparian vegetation would be
reduced within implementation of MM BI0-2d and 2e. MM BI0-2g would ensure appropriate
restoration of riparian habitat. MM BI0-2h would reduce potential erosion and s iltation impacts
within the creek. Imp lementation of MM BI0-2i in combination with MM BIO-] a and 1 b and all
subpatts, would reduce temporary impacts to jurisdictional aquatic features from construction
activities by requiring work to be completed when water flow in the creek is d1y , and appropriate
measures are taken to prevent serumentation. MM BI0-2j would address potential impacts to Tank
Farm Creek from the proposed Class I bicycle path footings placement. MM HYD-4a and b would
address potential impacts of frac-o uts. MM B I0-3a would provide educational training all
construction personnel in order for them to identify sensitive species , take appropriate actions, and
avoid "take". MM BI0-3b through 3d would reduce potential impacts to special status birds and
bats to less than significant by avoiding disturbance during the breeding season and roosting times
when these species are most vulnerable to disturbance and ensuring compliance with appropriate
avoidance buffers if construction during the season cannot be avoided. Mitigation would limit
construction in the creek during nesting season and peak activity periods, thus reducing impacts to
migrating species. MM BI0-4, which requires pre-construction surveys and exclusion measures
for sensitive bats and protection or replacement of the Congdon's tarplant, would minimize
cumu lative impacts to bat colonies and sensitive plant spec ies. Implementation of MM BIO-Sa and
Sb would reduce long-term impacts to the habitat value and wildlife corridor functions associated
with increased disturbance from light and glare in the Project vicinity. MM BI0-6 and MM B10-
2h and 2j , address measures to avoid degradation of water quality in the creek from sedimentation
and construction. Implementation of these mitigations, would mitigate the Project 's contribution
towards cumulative impacts to biologica l resources.
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D. CULTURAL RESOURCES
1. lmp act CR-2 . D evelopment a nd grading wou ld result in di rect sign ifi cant impacts to known prehistoric
resources within the Proj ect s it e. (Refer to pages 3.5-15 and 5-56 of the Final EIR.)
a. Mitigation: Th e fo llo wing mitigation measures would be required .
Mitigation Measure CR -2a. Data recovery through controlled grading of CA-SL0-2798/1-I shall
occur prior to th e start of co nstructio n to seek buried features and additi ona l diagnostic a1tifacts.
The Applicant shall retain a Registered Professiona l Archaeologist familiar with the types of
hi storic and prehistori c reso urces that could be e ncountered within th e Project site and a Native
American monitor to s up ervise the controll ed grading, which shall occur in 10-centim eter lifts to
culturall y sterile sediments or maximum construction depth (whichever is reached first).
• Any formed tools exposed during grading sh all be coll ected. If ar chaeological features a re
exposed (including but not li mited t o hearths, storage pits , midden d eposits, or structural
remains), the archaeologist shall temporarily redirect grading to another area so the features
can be exposed, recorded, a nd sampled according to standa rd a rchaeolog ical p roced ures.
Organic remains shall be dated using t he radiocarbon method and the geochemical source
and hydration r im thickness of any obsidian sha ll be d etennined. Technical analyses of
plan t remains , bone and shell dietary debris , a nd other important materials s hall also be
performed.
• Artifacts, features , and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of fi ndings; the analysis s hall include
comparative research with other sites of s imi lar age. In addition to the tec hn ical report, the
findings from this research shall be published in an appropriate sc ientific journal. The
Applicant shall fund all technical reportin g and subsequent publi cation.
Mitig"tio11 Measure CR-2b. Following completion of controll ed grading of CA-SL0-2798/H,
the Applicant shall retain a Registered Professional Archaeolog ist and a Native American
consultant to monitor all further earth disturbances within Phase 5 to ensure t hat previously
unidentifi ed buried archaeo lo gical deposits are not in advertently exposed a nd damaged. ln the
eve nt archaeological remains a re e ncountered during g radi ng or othe r earth disturbance, work in
the vicinity sha ll be stopped immediately and redirected to another location until the Project
arch aeolog ist evaluates the signifi cance of the find pursuant to City Archaeological Resource
Preservatio n Program Guidelines. If remains are found to be significant , they s hall be subject to
a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.
b. Finding: The C ity fin ds th at changes or alteration s ha ve been requ ired in , or in corp orated into , the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final E IR. (See FEI R pages 3.5-19 and 5-56 to 5-57 .) As avoid ance of prehistoric
resource site CA-SL0-2798/1-I would result in conflicts with LUCE goa ls a nd Project Objectives,
controlled grading and artifact recovery would take place within the p rehistoric site area allowing
for documentation for t he si te and preservation of recovered artifacts. While prehistoric sites such
as CA-SL0-2798/1-I are u ncommon in th e area , monitoring, adherence to th e City-approved
archaeological testing and mitigation program, and artifact recovery and documentation would
reduce impacts to a less than s ignificant level after mitigation.
3. Impact CR-3. Earth work and groun d disturbing construction activities for the MP A cou ld potentially
uncover significan t unknow n prehistoric or hi storic archaeological resources. If im p roperly h andl ed ,
such resources could be ad verse ly impacted. (Refer to pages 3.5 -19 and 5-57 of t he Final EIR.)
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Mitigation Measure CR-3a. Prior to the issuance of building and grading permits for Phase l , the
Applicant shall retain a City-approved Registered Professional Archaeologist and a Native
American monitor to be present during all ground disturbing activ iti es within the Project s ite and
Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-
period archaeological resources during construction, all work within 50 feet of the discovery shall
immediately cease (or greater or lesser distance as needed to protect the discovery and determined
in the field by the Project archaeologist). The Applicant shall immediately notify the City of San
Luis Obispo Community Development Department. The Project archaeologist shall evaluate the
significance of the discovery pursuant to City Archaeological Resource Preservation Program
Guidelines prior to resuming any activities that could impact the site/discovery. If the Project
archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided
or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by
the Applicant. Work shall not resume until authorization is received from the City.
Mitigation Measure CR-3b. Prior to construction, workers shall receive education regarding the
recognition of possible buried cultural remains and protection of all cultural resources , including
prehistoric and historic resources, during construction. Such training shall provide constmction
personnel with direction regarding the procedures to be followed in the unlikely event that
previously unidentified archaeological materials, including Native American bw-ials, are
discovered during construction. Training would also inform construction personnel that
unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The
training shall be prepared by the Project archaeologist a nd shall provide a description of the cultural
resources that may be encountered in the Proj ect site, outline steps to follow in the event that a
discovery is made, and provide contact information for the Project archaeologist, Native American
monitor, and appropriate City personnel. The training shall be conducted concm-rent with other
environmental or safety awareness and education programs for the Project, provided that the
program elements pertaining to archaeological resources is provided by a qualified instructor
meeting applicable professional qualifications standards.
Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.5 -21 and 5-57.) Implementation of the above
mitigation would ensure that appropriate precautions and protection measm-es are taken to avoid
potentially sign ificant impacts to unknown or undiscovered archaeological resources during
construction activities on-and offsite. After mitigation, impacts would result less than significant
residual impacts.
4. C umul ative Cultural Resources Impacts. The MPA would mitigate impacts to cultural resources
with implementation of Mitigation Measures CR-2a and 2b, and CR-3a and b, and therefore would not
contribute to cumulatively considerable impacts to cultural resources. Cumu lati ve projects would be
required to comply with General Plan Policies relating to historic and archaeological resources, and
would be subject to review by the City Cultural Heritage Commission for confonnance with guidelines
for cultural resources protection. Further, cumulative projects would be subject to environmental review
under CEQA, which requires avoidance of significant historical resources whenever feasible ; if
avoidance is not feas ibl e , then appropriate mitigation measures would be appl ied. As such, cumulative
impacts are considered significant but mitigable. Cumulative effects under the MPA would be similar
to those of the Project as described on page 3 .5-22 of the Final EIR.)
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Mitigation: Mitigation Measures CR-2a and 2b, a nd CR-3a and 3b would be required to reduce the
project's co ntribution to cumulatively co nsiderable impacts to cultural resources to a less than
significant level.
Mitigation Measure CR -2a. Data recovery through controlled grading of CA-SL0-2798/H shall
occur prior to the sta rt of co nstruction to seek buri ed features and additional diagnostic artifacts.
The Applicant shall retain a Registered Professional Archaeologist familiar with the types of
historic and prehistoric resources that could be encountered within the Project site and a Native
American monitor to s up ervise the controlled grading , which shall occur in IO-centimeter l ifts to
culturally sterile sediments or maximum co nstructio n depth (which ever is reached first).
• Any formed tools exposed during grading shall be collected. If archaeological features are
exposed (including but not limited to hearths, storage pits, midden d epos its, or structural
re mains), the archaeologist shall temporarily redirect grading to another area so the features
can be exposed, recorded, and sampled according to standard archaeological procedures.
Organi c remain s sha ll be dated us ing the radiocarbon method and the geoch emica l sou rce
and hydration rim thickness of any obsidian shall be detem1ined. Technical analyses of
plant remains, bone and shell dietary debris , and other important materials shall also be
pe1formed.
• Artifacts, featltres , and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be publis hed in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
Mitigation Measure CR-2b. Following completion of controlled grading of CA-SL0-2798/H,
the Applicant shall retain a Regist ered Professional Archaeologist and a Native American
consultant to monitor all ftutber earth disturbances within Phase 5 to ensure that previously
unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the
event archaeological remains are encountered during grading or other earth disturbance, work in
the vicinity shall be stopped immediately and redirected to another location until t he Project
archaeologist evaluates the significance of the find pursuant to City Archaeological Resource
Preservation Program Guidelines. If remains are found to be significant, they shall be subject to
a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.
Mitigation Measure CR-3a. Prior to the issuance of building and grading pe1mits for Phase 1, the
Applicant s hall retain a City-approved Registered Professional Archaeologist and a Native
American monitor to be present during all ground disturbing activities within the Proj ect site and
Buckley Road Extension site. In the event of any inadve11en t discovery of prehistoric or historic-
period archaeological resources during construction, all work within 50 feet of the discovery shall
immediately cease (or greater or lesser distance as need ed to protect the discovery and d etermined
in the field by the Project archaeologist). The Applicant shall immediately notify the City of San
Luis Obispo Community Development Department. The Project archaeologist shall evaluate the
significance of the discovery pursuant to City Archaeological Resource Preservation Program
Guidelines prior to resuming any activities that could impact the site/discovery. If the Proj ect
archaeologist determines that the find may qualify for li sting in the CRHR, the site shall be avoided
or shall be s ubj ect to a Phase 3 miti gation program consistent with City Guidelines and funded by
the Applicant. Work shall not reswne until authorization is received from the City.
Mitigation Measure CR-3b. Prior to construction, workers shall receive education regarding the
recognition of possible buried cultural remains and protection of all cultural resources, including
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prehistoric and historic resources, during construction . Such training shall provide construction
personnel with direction regarding the procedures to be followed in the unlikely event that
previously unidentified archaeological materials , including Native American burials, are
d iscovered during construction . T raining would also inform construction personnel that
unauthorized collection or disturbance of artifacts or other cultural materia ls is not allowed. The
training shall be prepared by the Project archaeologist and shall provide a description of the cultural
resow-ces that may be en countered in the Project site, outline steps to follow in the event that a
discovery is made , and provide contact information for the Project archaeologist, Native American
monitor, and appropriate City personnel. The training shall be conducted concurrent with other
environmental or safety awareness and education programs for the Project, provided that the
program elements pertaining to archaeological resources is provided by a qualified instructor
meeting applicable professional qualifications standards.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the above mitigation would ensure that appropriate
precautions and protection measures are taken to mitigate the MPA's contribution to cumulative
impacts to unknown or undiscovered archaeo logica l resources. (
E. HAZARD S AND HAZARDOUS MATERIALS
1. Impact HAZ-1: During grading/construction activities and Project operations, the MPA would
potentially expose persons to potentially toxic, hazardous, or otherwise harmful chemicals through
reasonab ly foreseeable upset and accidental conditions involving the release of hazardous materials
into the environment. (Refer to pages 3.6-22 and 5-57 of the Final EIR.)
a. Mitigation: The following mitigation measure would be required.
Mitigatio11 Measure HAZ-1 . Prior to earthwork and demo lition activities, a site-specific Health
and Safety Plan shall be developed per California Occupational Safety and Health Administration
(Cal/OSHA) requirements. T he Health and Safety Plan shall include appropriate best management
practices (BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA
Construction and Grading Project Form shall be submitted to the APCD prior to grading activities.
All construction employees that have the potential to come into contact with contarninated bu ilding
materials and soil/bedrock shall be briefed on the safety plan, including requiJed proper training
and use of personal protective equipment. During ea,thwork and demolition activities , procedures
shall be followed to eliminate or m inimize construction worker or general public exposure to heavy
hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within
potential demolished materials. Procedures shall include efforts to contro l fugitive dust, contain
and cover excavation debris piles, appropriate laboratory ana lysis of soil for waste characterization ,
segregation of contaminated soil from uncontaminated soil , and demolished materials. The
appl icable regulations associated with excavation , removal, transportation, and disposal of
contaminated soi l shall be followed (e.g., tarping of trucks and waste manifesting).
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or lessen to a less than sign ificant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.6-25 and 5-57 to 5-58.) MM HAZ-1 would facilitate
the safe removal of potentially hazardous building materials and the cleanup of contaminated soils,
thus reducing the level of risk within the MP A site.
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F. HYDROLOGY AND WATER QUALITY
1. Imp act HYD-1: The MPA would result in potentially significant impacts to water quality due to
polluted runoff during construction activities. (Refer to pages 3.7-32 and 5-59 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
Mitigation Measure HYD-1 a. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Pennit U ni t.
Mitigation Meas ure HYD-lb. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction . A SWPPP for site construction shall be developed prior
to the initiat ion of grading and im plemented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project's
p lan of development that in total disturbs one or more acres. Th e SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to stonn water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales , sa nd bagging, mulching, erosion control b lankets,
silt fencing, and soil stabilizers shall be used .
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber roll s shall be placed along the top of exposed s lopes and at the toes of graded areas
to reduce surface so il movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surround in g the Project site sha ll be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal , construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
sil tation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sou rces were
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
Mitigation Measure HYD-lc. Installation of the eight drainage outlets within Tank Farm Creek
shall occur with in the dry season (May through October).
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b. Finding: Th e City finds that changes or alterations have been required in , or in corporated into , the
MP A to avoid or lessen to a less than significa nt le vel the s ig nifican t env ironmental effects
identified in the Final E IR. lmplementation of the proposed mitigation measures would reduce the
potentially s ign ifi cant construction runoff and eros ion, reducing the im pact to less than significant.
(See FEIR pages 3.7-36 and 5-59.)
2. Impact HYD-2: MPA development would s ub stantially alter existing drainage patterns on the Proj ect
site and Buckley Road Extension property , which could potentially result in s ubs tantial flooding ,
erosion, or siltation onsite and offsite. (Refer to pages 3.7-36 and 5-59 of the Final EIR.)
a. Mitigation: The following mitigation measures shall be required.
Mitigation Measure HYD-2a. The Applicant shall prepare and submit a Master Drainage Pl an.
The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the
Project site, in cluding co nstruction a nd stream stability, and set fo1th measures to coordinate Project
drainage with Chevron Tank Farm remediation and drainage improvements. The Master Drainage
Plan shall be implemented pursuant to the City 's SWMP submitted by the City to the RWQCB
under the NPDES Phase II program and pursuant to th e programs developed under the City of San
Luis Obi spo Genera l Plan and the City of San Luis Obi spo Waterways Management Plan. T he
Master Drainage Plan shall meet the following requirements:
• Development of a Construction Drainage Plan that details the control and retention of
runoff for each phase of construction , and clearly displays the location of bioretention
facilities , their retention capacity and relationship to subsurface drainage culverts,
alignment of creek and drainage channels for each phase.
• Ensure that onsite detention facil ities, particularly the pocket park/bioswale, are designed
to safely retain flood flows using either gently sloping exterior slopes ( e .g., 4: 1) or provide
safety fencing around perimeters , cons istent with applicable City standa rds .
• Characterization of drainage from the East-West Channel and co nveyance of flows after
removal of this channe l.
• Demonstrate peak flows and runoff for each phase of construction.
• Be coordinated with habitat restoration efforts, including measures to minimize removal of
riparian and wetland habitats, contouring of creek invert to create pools and removal of
trash or debris as appropriate.
• Location and extent of vegetated Swales designed to reduce sediment and pa,ticulate forms
of meta ls and other pollutants along co1Tidors of planted grasses or native veget ation.
• Location and extent of vegetated Filter Strips, 15-foot w id e vegetated buffer strip s that a lso
reduce sediment and particulate forms of metals and nutrients.
• The use, location and capacity of Hydrodynamic Separation Products to reduce suspended
solids greater than 240 microns, trash a nd hydrocarbons. These hydrodynamic separators
must be sized to handle peak flows from the P roject s ite consistent with applicab le
regulatory standards.
Mitigation Measure BI0-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycl e path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from ei ther th e top of the bank of T ank Farm Creek or edge ofriparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from t he top of the bank or edge of riparian canopy , whichever is ftuiher. However, in any instance
the creek setback shall be no l ess than 20 feet from the edge of riparian canopy or top of bank,
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whichever is further , consistent with Section 17.16 .025 of the City of San Luis Obispo Zoning
Regulations .
b. Finding: The City finds that changes or alterations have been requ ired in , or incorporated into , the
MPA to avoid or lessen to a less than significan t level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.7-44 through 3.7 -45 and 5 -59.) Preparation of the
Master Drainage Plan and would ensure coord in ation of drainage improvements with the Chevron
Tank Fann property to the north , and establish the schedule and timing of onsite improvements.
MM BI0-2a, relocation of the Class I path outside of the 35-foot creek buffe, wou ld reduce erosion
and siltation.
3. Impact HYD-3: The MP A could potentially result in flooding , including increased flood water
surface elevations across the Project site, adjacent properties, and within Tank Farm Creek. (Refer
to pages 3.7 -45 and 5-60 of the Final EIR.)
a. Mitigation: The following measures wou ld be required.
Mitigation Measure HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall
consider cumulative regional drainage and flooding impacts of the Project, and shal l be submitted
to the City P ublic Works Director for approval and shall meet the following requirements:
• There shall be no significan t net increase in up stream or downstream floodwater surface
elevations for the 100-year floodplain as a result of changes in floodplain configuration
and building construction . A significant threshold of a 2 .5-inch increase in floodwater
surface elevations or 0.3 feet per second increase in stream velocities shall be used. This
shall be demonstrated to the satisfaction of the City Engineer or County Public Works
Director based on an Applicant furnished hydraulic analys is.
• There shall be no significant net decrease in floodplain storage volume as a result of a new
development or redevelopment projects . This can be achieved by a zero-net fi ll grading
plan, which balances all fill placed on the l 00-year floodplain with cut taken from other
p01tions of the floodplain within the Project site of the application , or with cut exported
offsi te. Specifically, all fill placed in a floodp lain s hall be balanced with an equal amount
of soil material removal (cut) and shall not decrease :floodplain storage capacity at any
stage of a flood (2 , l 0, 50, or l 00-year event).
• A net increase in fi ll in a ny floodplain is allowed only when all the conditions li sted in the
Managed Fill Criteria of the Drainage Design Manual (DDM) are also met.
Mitigation Measure HYD-3b. All bridges, culve1ts, outfalls, and modifications to the existing
creek channels must be designed and constructed in compliance with the City's Drainage Design
Manual and approved by the City Engineer, USACE, CDFW, and Central Coast RWQCB, and
must meet city standards and policies.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measures above would
reduce the potentially significant flooding impact to less than sign ificant by ensming floodpla in
storage within the MPA site is not substantially decreased. (See FEIRp. 3.7-48 and 5-60.)
4. Impact HYD-4: Installation of at least two utility lines using horizontal directional drilling would
bisect Tank Farm Creek and bas the potential to impact water quality. (Refer to pages 3.7-48 and 5-60
of the Final EIR.)
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a. Mitigation: The fo llo wing measures would be required.
Mitigation Measure HYD-4a. A s ite-specific, geotechnical investigation shall be completed in
areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the
proposed depth ofHDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments
and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud
mixtures for specific types of sediments). The investigation shall include results from at least three
borings, a geologic cross section, a discussion of drilling conditions, and a history and
recommendations to prevent frac-outs.
Mitigation Measure HYD-4b. A Frac-out Conti ngency Plan shall be completed and shall include
measures for training, monitoring, worst case scenario eva lu ation, equipment and materials , agency
notification and prevention, containment, clean up, and disposal of released drilling muds.
Preventative measures would include incorporation of the recommendations of the geotechnical
investigation to determ ine the most appropriate HDD depth and driJling mud mixture. In
accordance with the RWQCB, HOD operations shall occur for non-perennial streams sucb as Tank
Farm Creek only when the stream is dry , and only during daylight hours. Tn addition , drilling
pressures shall be closely monitored so that they do not exceed those needed to penetrate the
formation. Monitoring by a minimum of two City-approved monitors (located both upstream and
downstream , who will move enough to monitor the entire area of operations) shall occur throughout
drilling operations to ensure swift response in the event of a frac -out, while containment shall be
accomplished through construction of temporary benns/dikes and use of silt fences , straw bales,
absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic
pails, shovels, portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be
submitted to the City , and the RWQCB shall review the plan.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Impl ementation of mitigat1on measures MM HYD-4a and b would
ensure that water quality within Tank Farm Creek is not adversely impacted by HOD drilling
activities. (See FEIR pages 3.7-50 and 5-60 to 5-61.)
5. Impact HYD-5: Operation of the Project would result in potentially significant impacts to water quality
of Tank Fann and San Luis Obispo Creeks due to polluted urban runoff and sedimentation. (Refer to
page 3.7-50 and 5 -61 of the Final EIR.)
a. Mitigation: The following measures would be required.
Mitigatio11 Measure HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan.
The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the
Project site, including construction a nd stream stability, and set forth measures to coordinate Project
drainage with Chevron Tank Farm remediation and drainage improvements. The Master Drainage
Plan shall be implemented pursuant to the City's SWMP submitted by the City to the RWQCB
under the NPDES Phase TT program and pursuant to the programs developed under the City of San
Luis Obispo General Plan and the City of San Luis Obispo Waterways Management Plan. The
Master Drainage Plan shall meet the following requirements:
• Development of a Construction Drainage Plan that details the control and retention of
runoff for each phase of construction, and c learly displays the location of bioretention
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facilities , their retention capacity and relationship to subsurface drainage c ulverts,
a lignment of creek and drainage channels for each phase.
• Ensure that onsite detention facilities , particularly the pocket park/bioswale, are designed
to safely retain flood flows using either gently sloping exterior slopes ( e .g., 4: l) or provide
safety fencing around perimeters, cons istent with applicable City sta ndards .
• Characterization of drainage from the East-West Channel a nd co nv eyance of flows after
removal of this channel.
• Demonstrate peak flows and runoff for each phase of construction.
• Be coordinated with habitat restoration efforts, including measures to minimize removal of
riparian and wetland habitats, contouring of creek invert to create pools and removal of
trash or debris as appropriate.
• Location and extent of vegetated Swale s designed to reduce sediment and pa1ticulate fonns
of metals and other pollutants along corridors of planted grasses or native vegetation.
• Location and extent of vegetated Filter Strips, 15-foot wide vegetated buffer strips that also
reduce sediment and particulate forms of metals and nutrients.
• The use, location and capacity of Hydrodynamic Separation Products to reduce suspended
solids greater than 240 micron s, trash and hydrocarbons. These hydrodynamic separators
must be sized to handle peak flows from the Proj ect s ite consistent with applicable
regulatory standards.
Mitigation Measure HYD-5. A Development Maintenance Manual for the Project shall include
detailed procedures for maintenance and operations of any storm water facilities to e nsure long-
term operation and maintenance of post-construction storm water controls. The maintenance
manual shall require that storm water BMP devices be inspected, cleaned and maintained in
accordance with the manufacturer 's maintenance specifica tions. Th e 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 stonn events. The D evelopment Maintenance Manual shall include the
following:
• All loading docks and trash storage areas shall be setback a minimum of 150 feet from the
top of the creek bank. No outdoor storage or larger tras h receptacles s hall be pennitted
within this setback area. All trash and outdoor storage areas shall be operated to reduce
potential impacts to riparian areas;
• Runoff shall be directed away from trash and loading dock areas ;
• Trash and loading dock areas shall be screened or wal1ed to minimize offsite transport of
trash;
• Bins shall be lined or otherwise constmcted to reduce leaking of liquid wastes;
• Trash and loading dock areas shall be paved;
• Impermeable benns, drop inlets, trench catch basin, or overflow containment structures
around docks and trash areas shall be installed to minimize the potential for leaks, sp ill s or
wash down water to enter the drainage system and Tank Farm Creek; and ,
• The developer or acceptable maintenance organization shall complete inspections of the
site to ensure compliance with BMPs and water quality requirements on a semi-annual
basis (May 15 and October 15 of each year). A d etai led summary report prepared by a
licensed Civil Engineer shall b e s ubmitted to the City of San Luis Obispo Public Works
Departm ent. The requirements for inspection and report s ubmittal shall be recorded against
the property.
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b. Finding: Th e City finds that changes or a lterations have been req uired in , or in corporated into , the
MP A to avoid or lessen to a less than significa nt level t he s ig nifica nt env iro nm ental effects
identified in the Final BIR. Imp lementat ion of the proposed mitigation measures listed above would
reduce runoff e nterin g T ank Fann Creek and reduce t he impacts to less than s ignificant. (See FIE R
page 3.7-52 and 5-61.)
G. LAND USE AND PLANNING
1. Impact LU-3: T h e proposed Project would be potentially inconsistent with adopted City policies in
th e G eneral Pl an designed to protect biological resources and agricultural reso urces a nd ensure
p rovision of adequate utilities and public services. (Refer to pages 3.8-57 and 5-63of the Final EIR.)
a. Mitigation: The following mitigation measures would be required to ens ure Proj ect con sistency
with applicable City General Pl an policies.
Mitigatio11 Measure AG-I. The Applicant s hall establ ish an offsite agricultural conservation
easement or pay in-lieu fees to a City d esignated fund dedicated to acquiring and preserving
agricu ltural land. While the City's priority is that su ch agticul tw·a l land be acquired in the closest
feasible prox imity to the City, mitigation may be impl em ented using one of th e foll owing options :
1. The Applicant shall ensu re permanent protection of farml a nd of equal area a nd qua li ty,
which does not already have permanent protection , w ithin th e City of San L uis O bispo,
consistent wi th City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase o r place in a conserva tion easement a parcel of land of at least 71 acres of
equal quality farmland , or p rovid e in-li eu fees to allow the C it y to complete such an
acquisition .
J. If no s uitabl e parcel exists within the C ity limits, th e Appli cant shall id enti fy and pw-chase
or place in a conservati on easement a parcel of fa rmla nd , of equal quantity and quality,
w it hin the City's Sphere of Influence that is threatened by development of nonagri cultural
uses. The parcel shall be placed in an agri cultural conservation easement (refer to Figw-e 2
in th e Land Use Element for C ity Sphere of Infl uence). The Ap pl icant may also provide
in-lieu fees to allow t he City to complete such an acquisition.
k. In th e event that no su ita ble la nd is avai labl e w ithin the C ity limits o r City's Sphere of
Influence, the App licant shall identify and pw-chase o r p lace in a conservation easement a
parcel of farmland , of equal quantity and quality, within the City's urban reserve or
g reenbe lt t hat is threatened by d evelopment of nonagricu ltural uses. Thi s parcel shall b e
p .laced in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for C ity P lann ing Area). T he Applicant may a lso provide in-lieu fees to allow the C ity to
complete such an acquis ition .
I. In the event that no s uitable land for an agricultural conservation easement is available for
purchase within the C ity limits, the City's Sphere of Influence, or urban reserve o r
greenbe lt Pl an nin g Area, the Applicant s hall identify and purc hase or pl ace in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e .g., agricul tmal lands no11h and so uth of Buckley Road) that is co nsidered to be
threatened by the conversion to nonagricultural use. This parce l s hall be placed in an
agricu ltural conservation easement. The Applicant may also provide in-lieu fees to allow
the C ity to complete s uch an acquisition. The Applicant sha ll d em o nstrate that such land is
as close in proximity to the City as feasib le.
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Mitigation Measure BI0-2a. Proj ect designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
3 5-foot creek setback from either the top of the bank of Tank F aim Creek or edge of riparian habitat,
whichever is fwther, for at least 90 percent of corridor le ngth. No more than IO percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from t he top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shal l be no less than 20 feet from th e edge of riparian canopy or top of bank,
whichever is further , consistent with Section 17 .16.025 of the City of San Luis Obispo Zoning
Regulations.
Mitigation Measure BI0-2b. The Biological Mitigation Plan shall provide d etails on timing and
implementation of required habitat restoration and s hall be prepared in consultation with the City's
Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for
review and approval. The plan shall be implemented by the Proj ect Applicant, under s up ervision
by the City and Environmental Monitor, and:
14. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed , lost, or damaged.
15. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Proj ect, including a li st of the soil, plants, and other
materials that will be necessary for successfu l habitat replacement, and a description of
planting methods , location, spacing, erosion protection, and irrigation measures that will
be need ed. Restoration and habitat enhancem ent shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
16. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BI0-2c through BI0-2e below and the findings in the
Biological Report (Appendix I).
17. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
18. Describe how the habitat replacement approach will be s uppl emented or modified if the
monitoring program indicates that the current approach is not effective or successful.
19. D escribe the c1iteria that will be used to evaluate the effectiv eness and success of the
habitat replacement approach.
20. Indicate the timing and sc hedu le for the planting of replacement habitat.
21. Habitat restoration or enhancem ent areas shall be establ is hed within the Proj ect boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possib le.
Habitats suitable for Congdon 's tarplant and other native wetland species shall be created
onsite. If Congdon 's tarplant is found in areas proposed for disturbance, the affected
individuals s hall be replaced at a 1: 1 ratio through seeding in a suitable conserved natural
open space area. A management plan for the species shall be developed consistent with
applicable scientific literatme pe11inent to thi s species .
22. Habitat re storation or enhancement sites shall be placed within deed-resh·icted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan sha ll be prepared as part of the
Biological Mitigation Plan and approved by pennitting agencies.
23. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wildlife and plant species.
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24. A weed management plan and weed iden tification list shall be included in the Biological
Mitigation Pl a n .
25. Habitat restoration or enhancement areas shall be maintained week ly for the first three
yea rs after Phase comple tion an d quarterly thereafter. Maintenance shall include
eradication of noxious weeds fou nd on Cal ifornia D epartment of Food and Agriculture
Lists (CDF A) A and B. Noxious weeds on CDF A list C may be eradicated or otherwise
managed.
26. Mitigation implement ation and success shall be monitored quarterly for the fi rst two years
after completion of each Phase, semi-annuall y dming the third year, and annually the fourth
and fifth years. Annual reports d ocum enting s ite inspections and s it e recovery status s hall
be prepared and sent to the County and appropriate agen c ies.
Mitigation Measure B10-2c. Within th e required Biological Mitigation Plan , all temporary a nd
permanent impacts to riparian trees, wetland s, and riparian habitat shall be mitigated, as follows :
11. Tempora1y imp acts to wetland a nd riparian habitat shall be mitigated at a minimum 1: I
mitigation ratio for restoration (ar ea of restored habitat to impacted habitat).
12. Pe rm anent impacts t o sta te jurisd icti onal areas, including isolated wetlands within
agricult ural la nds a nd riparian habitat will be mitigated at a 1.5: 1 ratio (area ofrestored a nd
enhanced habitat to impacted habitat).
13. P e rmane nt impacts to fe d era l wetl a nd s sha ll be miti gated at a minimum 3:1 ratio() :1 area
of created to impacted habitat plus 2: 1 area of created/enhanced habitat to impacted
habitat).
14. Ri parian trees four in ches or g reater meas ured at diameter-at-breast-height (DBH) sh all be
replaced in-kind at a minimum ratio of 3: 1 (rep laced: removed). Trees measured at 24
inches or g reater DBH shall be replaced in-kind at a minimum ratio of I 0: 1. Willows and
cotto nwood s may be planted from live stakes following guidel in es provided in the
Ca li fornia Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and
container stock (CDFW 20 10). P e rm anent impacts to riparian vegetation s ha ll b e mitigated
at a 3: I ratio to e nsure no net loss of acreage a nd indi v idua l plants.
15. Replacement trees shall be planted in the fall or winter of the year in which trees were
re mo ved. All replacement trees w ill be planted no more t han o ne year follow in g the date
up on which the native trees were removed. Replacement plants shall be monitored for 5
years with a goal of at least 70 percent su rviva l at th e end of the 5-year period.
Supplemental irrigation may be provided during years I to 3; however, s uppl e me ntal
watering s hall not be provided during the final two years of monitoring.
Mitigation Measures B10-2d. Proj ect design s hall be modi fie d to preserve at a minimum the
southern 275 feet of the N orth-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan s hall b e altered to convey remaining SUiface water flows
from areas to the north to thi s channel.
Mitigation Meas ure B10-2e. To minimize impacts to riparian habitat, th e Project shall stockp il e
sufficient emergent veget at ion (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpil ed vegetation sha ll be placed in earth en bas in s with th e roots covered with moist
so il a nd main tained in a moi st conditi on during construction operations.
Mitigatio n Measure B10-2g. A post-co nstructi on landscape and restoration repott fo r each phase
s hall be prepared by t he Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and h abitat restoration activities. The report sh all include as-
built plans prepared after restoration, gradi ng, and mitigation hab itat plantings are complete. The
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as-built plans sha ll be prepared by landscape a nd grading contractors responsible for realignment
and restoration within Tank Fann Creek.
Mitigation Measure B10-2h. Proj ect activities w ithin Tank Farm Creek and dra in age channels,
including any tree prunfog or removals, any necessary erosion repairs, or culvert removals , shall be
perfonned when the channel is dry, planned to the satisfaction of the City Engineer and Natural
R esource Manager per City Drainage Manual Standards , and be s ubj ect to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for fann access
across Tank Farm Creek, the channel shall b e restored to match co nditions immediately upstream
and downstream including channel width , gradient, and vegetation.
Mitigation Measure B10-2i. To reduce eros ion and runoff from all exposed soils , all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass spec ies and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 1.5 of the year in which Proj ect activities occurred. All exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soo n as is practical to reduce eros ion.
Mitigation Measure B10-2j. Th e Tank Fann Creek Class I bicycle path bridge footings for creek
crossings s hall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shaJI occur in the stream channel. The
placement of the bridge and footings shall be indicated on the Development Plan , VTM, and
Biolog ic al Mitigation Plan , and shall show the bridges' placement in relation to existing vegetation
and the creek channel and banks.
Mitigation Measure PS-2. Fair Share Contribution. Th e Applicant shall agree to pay a fair share
contribution to a future citywide or area-wide fire protection serv ice protection development impact
fee program. Additionally, the AASP should b e amended to include a fee program to fund the
C ity 's fifth fire statio n and/or integrate s uch fa ir s hare fee programs into the proposed Community
Facilities District (CFD).
Mitigation Measure TRANS-4. The Applicant shall prepare an improvement plan for Horizon
Lane , Earthwood Lane, and Suburban Road, including roadway , bicycle, and pedestrian
improvements. Improvements s hall be constructed by the Applicant in coordination with the
phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway
improvements in a timely manner consistent with Project phasing. The Proj ect Applicant shall:
• Prepare a d etai led improveme nt plan for Horizon Lane to bring this road in to confonnance
with City standard s for a commercial collector of width between 44 to 60 feet from
Suburban Road to the Project boundary. This plan s hall be d eveloped in coordination with
adjacent property owners and the City P ublic Works Department. Horizon Lane shall not
be connected to the Project site until such a plan has been comp leted and improvements
are completed in accordance with the phasing plan , as prut of Phase 4. Th e section of
Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be
designated as a residential collector with a width of roadway between 40 and 60 feet. P er
MM TRANS-2e , construction of the_Horizon Road from Suburban Road to Phase 4 of the
Project shall be completed and open to travel prior to the issuance of any occupancy permit
for the I001h residential unit of Phase 4 development.
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• Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with
City Engineering Standards and Specifications -Uniform D esign Criteria and Municipal
Code Standards.
• Coordinate with the property owners along Ea1thwood Lane and City staff to complete the
Earthwood Lane Extension to the Proj ect site as part Phase 1. Earthwood Lane shall be
developed to full City standards for a residential co llector. Residential collectors shall b e
44 to 60 feet wide as required by the City's Uniform Design C riteria.
• Coordinate with the property owners along Suburban Ro ad and City staff to prepare a
detailed improvement plan for Suburban Road to bring this road into conformance with
City sta ndards . Thi s plan shall address widening of substandard sections near the east end
of this roadway , completion of missing sidewalk segmen ts , in s tallation of street trees,
pedestrian crossings (e.g ., Suburban Road at Earthwood Lane). In accordance to the City's
Engineering Standards and Specifications -Uniform Design Criteria, a commercial
collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial
us es. Improvements from Earth wood Lane to Higuera Street s hall be done as part of Phase
I . Improvements from Earthwood Lan e to Horizon Lane shall be done as part of Phase 4
development, prior to the connection of Horizon Lane with the Project site.
• Prepare a detailed phasing plan t ha t identifies reasonable timing of such improvements for
Suburban Road, Horizon Lan e, and Earthwood Lane. The phasing plan shall be d evelop ed
in close coordination with City staff. Per MM TRANS 2e, construction of the Suburban
Road improvements from Horizon Road from Earthwood shall be completed and open to
travel prior to issuance of an occupancy permit for the l 001h residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to Higuera and the
Earthwood improvements on the Proj ect site and between the Project and Suburban shall
be completed prior to issuance of the occupancy pennit for the 151 dwelling unjt.
Mitigation Measure TRANS-JOa. The Applicant shall design and construct ADA-compliant
sidewa lk s and ADA ramps on the east side of South Higuera Street to provide continuous paths of
travel from the City limjt line to Los Osos Valley Road.
Mitigation Measure TRANS-I Ob. The Applicant sha ll design and construct continuous sidewa lks
along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including
ADA ramps at the Vachell Lane and South Higu era Street intersection, as illustrated in Figure 3.12-
6.
Mitigatio11 Measure TRANS-JOc. The Applicant shall design and construct continuous ADA-
compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera
Street to Ea1thwood Lan e. A receiving ramp shall be installed on th e no1th side of Suburban Road
at Earthwood Lane.
Mitigation Measure TRANS-I J. The Applicant sha ll construct two (2) sepa rated bicycle bridges
on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as
to provide continuous and safe bicycle routing along Buckl ey Road. Th ese sectio ns of roadway and
creek crossings are under the jurisdiction of the County and would need to meet both City and
County design standards to the greatest extent feasible and are subject to approval of the City's
Public Works Director.
Mitig"tion Me(lsure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate serv ice would be provided to the two proposed bus stops and Proj ect area. The bus stops
shall be constructed by the Applicant within the respective phase's development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and
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install any physical improvements to Earthwood Lane and Suburban Road needed to
accommodate future service to the site. In addition, the proposed transit service onsite shall meet
standards stated in Policy 3.1.6, Service Standards.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of mitigation measure MM AG-I would protect
agricultural lands consistent with LU Policies 1.8.1 and l.9.2. Implementation of Mitigation
Measures BI0-2a through 2e, and BI0-2g through 2j, wouJd achieve consistency with policies that
protect w ildlife corridors and Tank Farm Creek. Imp lementation of Mitigation Measure PS-2 would
offset the MPA's contribution to increased demand on fire protection services. Implementation of
mitigation measures within Section 3.12 , Transportation and Traffic would result in Project
consistency with General Plan Circulation policies and standards , and would result in less than
significant impacts. (See FEIR pages 3.8-61 through 3.8-60 and FEIR page 5-63.)
H. NOISE
l. Impact N0-3 : Long-term operational noise impacts would inc lude higher roadway no ise leve ls from
increased vehicle traffic generated by the MP A, MP A operational noise, and exposure of future
residents to h igh noise levels that could result in the exceedance of thresh olds in the City's General
P lan Noise Element and Noise Guidebook. (Refer to pages 3.9-28 and 5-66 of the Final EIR.)
a. Mitigation: The following mitigation measures wou ld be required.
Mitig ation Meas ure N 0-3a. R-1 and R-2 residential units planned in the area of the Project site
within 300 feet of Buckley Road and R-4 units in t he northwest comer of the Project site shall
include noise mitigation for any potential indoor space and outdoor activity areas that are confirmed
to be above 60 dBA as indicated in the P roject's Sound Level Assessment. The following shall be
implemented for residential units with noise levels exceeding 60 dBA:
• Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60
dBA, noise reduction measures shall be implernented, including but not limited to:
• Exterior l iving spaces ofresidential units such as yards and patios shall be oriented
away from Project boundaries that are adjacent to noise-producing uses that exceed
exterior noise levels of CNEL = 60 dBA , such as roadways and
industrial/commercial activities.
• Construction of additional sound barriers/berms with noise-reducing features for
affected residences.
• Exterior Glazing. Exterior window glazing for residential units exposed to potential noise
above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission C lass (OITC)
24 I Sound Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes
shall be used.
• Exterior Doors Facing Noise Source. According to Section 1207.7 of the Cal ifornia
Building Code, residential unit entry doors from interior spaces shall have a combined STC
28 rating for any door and frame assemblies. Any balcony and ground floor entry doors
located at bedrooms shall have an S TC 30 rating. Balconies shall be oriented away from
the northwest property line.
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• Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered
building skin system over sheathing, with 4-inch to 6-inch deep m etal or wood studs,
fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board
on the interior face of the wall. If possible, electrical outlets shall not be installed in exterior
walls exposed to noise. If not possible, outlet box pads shall be applied to all electrical
boxes and sealed with non-hardening acoustical sealant.
• Supplemental Ventilation. According to the California Building Code, s upplemental
ventilation adhering to OITC/STC recommendations shall be provided for residential units
with habitable spaces fac in g noise levels exceeding Ldn=60 dBA, so that the opening of
windows is not necessary to meet ventilation requirements . Supplemental venti lation can
also be provided by passive or by fan-powered, ducted air inlets that extend from the
building's rooftop into the units. If in stalled, ducted air inl ets sha ll be acoustically lined
through the top-most 6 feet in length and incorporate one or more 90-degree bends between
openings, so as not to compromise th e noise insulating performance of the residential unit's
exterior envelope.
• Sound Walls. Sound walls s hall be built on the north and east property lines of the Proj ect
in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared masonry.
Further, proposed carports with solar canopies shall be installed around the western and
northern perimeter of the R-4 units, and these un its shall be setback a minimum of I 00 feet
from the property line.
• Landscaping. Landscaping along the north and east Project site boundaries that adjoin
Suburban Road s hall includ e a line of closely space trees and s hrubs with sufficient
vegetative den sity to help reduce sound transmission.
Mitigation Measure N0-3b. Buckley Road widening im provements shall in c lu de the use of
rubberized asphalts or alternative paving technology to reduce noise level s for sensitive receptors
near the roadway.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.9-33 and 5-66.) The mitigation above would ensure
that lower indoor space noise levels would not exceed the threshold of 45 dBA.
I. PUBLIC SERVICES
1. Impact PS-I : Impl ementation of the MP A would potentially increase d emand on the SLOPD for police
protection serv ic es. (Refer to pages 3 .1 1-14 a nd 5-67 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required .
Mitigation Measure PS-1. The Applicant shall prepare and implement a brief Security Plan for the
Proj ect s ite. Th e Security Plan shall be prepared in consultation with the SLOPD and address publ ic
safety concerns in common or public spaces, parks, bike path s and open space areas , the
commercial center, and parking lots. The Security Plan shall set forth lighting requirements,
secmity recommendations for parks, open space and trai ls (e.g ., visibility , lighting, etc.), a nd
establish rules for use of the public areas.
b. Finding: The City finds that changes or alterations have been requ ired in, or in corporated into , the
MP A to avoid or lessen to a less than significant level the sign ificant environmental effects
identified in the Final EIR. (See FEIR pages 3 .11-16 and 5-68.) I mplementation of the above
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mitigation measure , in com binatio n with th e ability to con sider increases in future police staffing,
would reduce demand on SLOPD police protection services.
2. Imp act PS-2: MPA implementatio n would in crease the demand for SLOFD fire protection serv ices,
create potential decl in es in firefighter to resident ratios, be located outside o f accepted response time
performance area and necessitate construction of an additional fire protection fac ili ty, with potential
for secondary e nvironm en tal impacts . (R efer to pages 3.1 I-1 6 and 5-68 of the Fi nal E IR.)
a . Mitigation: The fo llowing mitigation measures wouJd b e required .
Mitigation Measure PS-2. Fair Share Contribution. T h e Applicant shall agree to pay a fair share
contrib ution to a future cityw ide or area-wide fire protection serv ice protection development im p act
fee program. Additionally, the AASP shou ld be amended to in c lu de a fee program to fund the
City's fifth fire station and/or integrate s uc h fair sh are fee programs into the propose d Community
Facilities Di stri ct (CFD).
b. Finding: The City finds that changes or alterations have been req uired in, or in corporated into, the
MPA to avo id or lessen to a less tha n s ignifica nt level the significan t env iro nm ental effects
identified in the Final E IR. (See FEIR pages 3.1 1-19 and 5-67.)
J. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-1: Project construction activities would potentially create traffic impact s due to
congestion from constructio n vehicles (e.g., construction trucks , construction worker vehicles,
eq uipm ent, etc.) as well as temporary traffic lane a nd s idewalk closures. (Refer to pages 3.12-38 and
5-71 of the Final EIR.)
a. Mitigat io n: The fo ll owing mitigation measure would be required.
Mitigation Measure TR ANS-I. The Applicant shall p repare a Constru ction Transportation
Management Plan for a ll phases of the proposed Project for review and approval b y the City prior
to issu ance of gradi ng or build ing pennits to address and manage tr affic during construction . The
Pl an sha ll be d es igned to :
• Prevent traffic impacts on the sun-ounding roadway n etwork;
• Restrict construction staging to within the Project site;
• Minimi ze p arking impacts both to public parking and access to private parkin g to
th e greatest extent practicable;
• E nsure safety for both those construction vehic les and work s and the surroundi ng
community; and
• Prevent su bstantia l truck traffic through residential neighborhoods.
• The Construct ion Transportation Management Plan shall be subj ect to review and a p prova l
by th e Public Works Direct or to ensure that t he Plan has been designed in accordance with
this mitigation measure. This review shall occur prior to issuance of grading or building
permits. It sh a ll , at a minimum , in clude the fo ll owin g:
O ngoing R equirements throughout the Duration of Construction:
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• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum , thi s shall in c lude parking and travel lane
configurations ; warning, regulatory , guide, and directional signage; and area
s idewalks, bicycle lanes , and parking lanes. The Plan shall in clude spec ific
information regarding the Project's construction activities that may disrupt nonnal
pedestrian and traffic flow and the measures to address these disruptions. Such
Plan shall be reviewed and approved by the Community Development Depa 1tme nt
and implemented in accordance with this approval.
• Work within th e public right-of-way shall be reviewed and approved by the City
on a case by case basis based on th e magnitude and type of construction activity.
Generally work s hall be performed between 8 :30 AM a nd 4:00 PM. This work
includes dirt hauling and construction material delivery. Work within the public
right-of-way outside of these hours shall only be allowed after the issuance of an
after-hours construction permit administered by the Building and Safety Divi sio n .
Additionally restrictions may be put in place by Public Works Department
depending on pa1ticular construction activities and conditions.
• Streets and equipment shall be cleaned in accordance with established Publi c
Works requirements.
• Trucks s hall only travel on a City-approved construction route. Limited queuing
may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be onsite, with a minimum amount of materials within
a work area in the public right-of-way, subject to a current Use of Public Property
Permit.
• Provision of off-street parking for construction workers, which may include the
use of a remote location with shuttle transport to the site, if determined necessary
by the City.
Proj ect Coordination Elements That Shall Be Impl emented Prior to Commencement of
Construction:
• The traveling public shall be advised of imp ending construction activities that may
sub stantially affect key roadways or other facilities (e.g., information s igns,
portable message signs, media li stin g/notification, and implementation of an
approved Construction Impact Mitigation Plan).
• A Use of Public Property Permit, Excavation P ermit, Sewer P e rmit, or Oversize
Load Permit, as well as any Caltrans permits required for any construction work
requiring encroachment into public rights-of-way, detours , or any other work
within the public right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected
agencies (e.g., Poli ce D epartment, Fire Department, Public Works Department,
and Community Development Department) and to all owners and residential and
commercial tenants of property within a radius of 1li mil e.
• Construction work shall be coordinated with affected agencies in advance of start
of work. Approvals may take up to two weeks per each sub mittal.
• Public Works Department approval of any haul routes for construction materials
and equipment deliveries shall be obtained
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b. Finding: The City finds that c han ges or alterations have been required in , or incorporated
into , the MP A to avoid or lessen to a less than significant level the significan t
environmental effects identified in the Final EIR. Preparation of a Construction
Tran sportation Management Plan as part of MM TRANS-I would reduce construction-
re lated traffic impacts to the maximum extent feasible by establishing truck routes and
parking locations for construction workers. (See FEIR page 3 .12 -41 and 5-71.)
2. Impact TRANS-2: Phased MPA development combined with limited site access and related increases
in congestion on sunounding roadways would have the potential to cause transportation deficiencies
throughout the Project v icinity. (Refer to pages 3.12-41 and 5-71 of the Final EJR.)
a. Mitigation: The following mitigation measures would be required.
Mitigatio11 Measure TRANS-2a. The Applicant shall create and s ubmit a Transportation
Improvement Phas ing Plan to the City for review and approval , and shall ensure that construction
of the Project follows the sequential phasing order utilized in the TIS for such improvements. The
Plan shall address the timing and general design of all on and offsite transportation improvements.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or lessen to a less than sign ificant le vel the significant environmental effects
identified in the Final EJR. Implementation of MM TRANS-2a would require the Applicant to
follow the sequencing of the approved phasing construction plan , which would ensure that any
potential impacts during Phase l , 2 , and 4 are mitigated.
3. Impact TRANS-3 : MPA-generated traffic would potentially create turning movement conflicts at
driveways and intersections on the Proj ect site. (Refer to pages 3.12-49 and 5-71 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
Mitigatio11 Measure TRANS-3a . Project roadway and driveway design shall be reviewed and
approved by the City to ensure complfance with City engineering standards and not conflict with
intersection functional areas (e.g., aligning d1iveways on opposite sides of the roadway, pos ition
driveways as far upstream from intersections as possible).
Mitigatio11 Measure TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed
bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Proj ect
site, including the extension s of Venture Drive, Horizon Lane, and Jespersen Road as required by
Policy 8.1.3.
b. Finding: The City finds that changes or alterations have been required in , or in co rporated into , the
MPA to avoid or lessen to a less than sign ificant le vel the significant environmental effects
identified in the Final EIR. Implementation of MM TRANS-3a and -3b, would ensure that the
design and operation of these roads are consistent with safety regulation s on residential roads and
this impact would be le ss than significant.
4. I mpact TRANS-4: MP A-generated traffic would exceed Circulation Element maximum volum e
thresholds at Vachell Lane, Earth wood Lane , Horizon Lane, and Suburban Road. (Refer to pages 3 .12-
51 and 5-72 of the Final EJR.)
a. Mitigation: The following mitigation measures would be required.
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Mitigation Measure TRANS-2a. The App licant shall create and s ubmit a Transportation
Improvement Phasing Plan to the City for review and approva l, and shall ensure that construction
of the Proj ect follows the sequential phasing order utilized in the TIS for such improveme nts. The
Plan shall address the timing and genera l design of all on and offsite transportation improvements.
Mitigatio11 Measure TRANS-3b. The Applicant shall in stall traffic calming measures (e.g ., speed
bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project
site, including the exten sio ns of Ventme Drive, Horizon Lane, and Jespersen Road as required by
Policy 8.1.3.
Mitigatio11 Measure TRANS-4. The Applicant shall prepare an improvement plan for Horizon
Lane, Earthwood Lane, and Suburban Road, including roadway , bicycle, and pedestrian
improvements. Improvements shall be constructed by the Appli can t in coordination with the
phasing plan required by MM TRANS-2a , to ensure the Applicant constructs all offsite roadway
improvements in a timely manner consistent with Project phasing. The Proj ect Applicant shall:
• Prepare a detailed improvement plan for Horizon Lane to bring this road into confonnance
with City standards for a commercial collector of width between 44 to 60 feet from
Suburban Road to the Proj ect boundary. This plan shall be d eveloped in coordination with
adjacent property owners and the City Public Works Department. Horizon Lane shall not
be connected to the Project site until such a plan has been completed and improvements
are completed in accordance with the phasing plan, as part of Phase 4. Th e section of
Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be
designated as a residential collector with a width of roadway between 40 and 60 feet. Per
MM TRANS-2e, construction of the_Horizon Road from Suburban Road to Phase 4 of the
Project shall be completed and open to travel prior to the issuance of any occupancy permit
for the 100th residential unit of Phase 4 development.
• Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with
City Engineering Standards and Specifications -Unifonn D esign Criteria and Municipal
Code Standards.
• Coordinate with th e property owners along Earthwood Lane a nd City staff to complete the
Earthwood Lane Extension to the Proj ect site as part Phase 1. Earthwoo d Lane shall be
developed to fuJl City standards for a residential co llector. Residential collectors shall be
44 to 60 feet wide as required by the City's Unifonn D es ign Criteria.
• Coordinate with the property owners along Suburban Road and City staff to prepare a
detailed improvement plan for Suburban Road to bring this road into conformance with
City standa rd s. Thi s plan shall address widening of substandard sections near th e east end
of this roadway , completion of missing sidewalk segments, in stallation of street trees,
pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance to the City's
Engineering Standards and Specifications -Uniform Design Criteria, a commercial
collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial
us es. Improvements from Earth wood Lane to Higuera Street shall be done as part of Phase
I . Improvements from Eai1hwood Lan e to Horizon Lane shall be done as part of Phase 4
development, prior to the connection of Hori zon Lane with the Project site.
• Prepare a detailed phasing plan that identifies reasonable timing of such improvements for
Suburban Road, Horizon Lan e, and Earthwood Lane. The phasing plan shall be developed
in close coordination with City staff. Per MM TRANS 2e, construction of the Suburban
Road improvements from Horizon Road from Earthwood shall be completed and open to
travel prior to issua nce of an occupancy permit for the 1 OO'h residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to Higuera and the
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Earthwood improvements on the Project site and between the Project and Suburban shall
be completed prior to issuance of the occupancy permit for the JS1 dwelling unit.
b. Finding: Tbe City finds that changes or alterations have been required in , or incorporated
into , the MP A to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR. MM TRANS -3b would require speed
cal m ing measures on internal roadways to ensure speed l irnits do not exceed thresholds.
The construction of these roadways is described in Impact TRANS-2 and associated
mitigation measures address phasing impacts on these roadways. To assure Suburban Road
operates at acceptable levels, MM TRANS-4 would require widening of the roadway.
5. Impact TRANS-6 : MP A-generated traffic would exacerbate existing queuing at the South
Street/Higuera Street intersection northbound right-tum Jane, resulting in significant impacts. (Refer to
pages 3.12-58 and 5-72 of the Final EIR.)
a. M itigation: Tbe following mitigation measure would be required.
Mitigation Meas ure TR ANS-6. The Applicant shall design and construct the extension of the
northbound right tum-lane at the South Street/Higuera Street intersection , to provide more storage
capacity.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. MM T RANS-6 wou ld require the Appl icant to construct the extens ion
of the northbound tum-lane at South Street/Higuera Street, providing more storage capacity and
reducing the impact to Jess than significant. (See FEIR pages 3.12-58 to -59 and 5-72.)
6. I mpa ct TRANS-7: MFA-generated traffic would cause exceedance of storage capacities at several
intersections along South Higuera Street. (Refer to pages 3.12-59 and 5-72 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
Mitigatio n Measure TRANS-7a. The Applicant shall design and construct a second northbound
left-tum lane at the intersection of South Higuera Street/Prado Road. The Applicant shall also pay
a fair share fee for the widening of Prado Road Creek Bridge west of South Higuera Street by
participating in the citywide transportation impact fee program.
Mitigation Measure TRANS-7b. The Applicant shall design and construct a second southbound
left-tum lane at the Tank Farm Road/South Higuera Street intersection.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
MPA to avoid or lessen to a Jess than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM TRANS-7a, and 7b , would require the
Applicant to install roadway improvements at multiple intersections along South Higuera Street to
avoid traffic impacts at t hese intersections.
7. Imp act TRA NS -8: MPA-generated traffic would cause delays and exceedance of intersection
capacities at several intersections along Los Osos Valley Road. (Refer to pages 3 .12 -64 and 5-73 of the
Final ElR.)
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a. M itigation: Th e fo llo wing mitigation measures would be required.
Mitigation Measure TR ANS-8a. Th e Proj ect is locat ed within th e Los Osos Valley Road
interchange Sub Area fee program, and, as such , the Applicant shall pay the Los Osos Valley Road
s ub a rea fee, for th e cost ofreconstructin g the Los Osos Vall ey Road/U.S. Highway 101 in tercha nge
project and improvements along Los O sos Valley Road. Th e fee shall be assoc iat ed with the
number of d welling units and the square footage of commercial development in the Project site and
shaLI be paid t he time of bui lding permit issuan ce.
Mitigation Measure TRA NS-8b. In coord ination w ith the Applicant, the City shall retime the
traffic s igna l at Los Osos Vall ey R oad/South Higuera Street intersection and installation of s ig na ge
at the South Hi guera Street/Buckley Road intersection (terminus of the Buckley Road Extension)
to inform dri ve rs of additiona l access to U .S. Highway 101 at Ontario Road . The City P ub lic Works
D epartment s hall ensure the improveme nts and signage meet safety criteria.
b . Finding: Th e City finds that changes or a lterations have been required in , or in corp orated into , t he
MPA to avoid or lessen to a less than significan t level the significa nt environmental effects
iden tified in the Final EIR. The recently completed Los O sos Valley Road/U.S. Highway JOI
interchange project h as improved in terchange operations to a n acceptable LO S that the Proj ect is
substantially benefitting fro m and residua l impacts associated w it h Proj ect traffic wou ld be less
than significant. Retiming of the traffic signal at the intersection of South Higuera Street/Buckley
Road a nd in stall ing directional signage to inform d rivers of add iti onal U.S. Hi ghway IO 1 access at
Ontario Road , as part of the Buckley R oad Extension, would a ll eviate existin g queues by diverting
traffic away from this intersection. AJI improvements would mitigate impacts to acceptable levels,
resultin g in a less t han s ignificant impact.
8. Impact TRANS-10: T he proposed MPA wou ld potentially degrade level of service fo r various
pedestrian fac ili ties servin g the Project vicinity. (Refer to page 5-73 of t he Final EIR.)
a. Mitigation: The fo ll owing mitigation measures would be required.
Mitigation Measure TRA NS-3b. Th e App licant shall in stall h·affic calming measures (e.g., speed
bumps , pedestrian b ulb-outs, etc.) to control speed levels along internal roadways of the Proj ect
site , incl ud ing the extensions of Venture Drive, Hori zon Lane , and Jespersen Road as required by
Po licy 8 .1.3.
Mitigation Measure TRA NS-4. The Applicant shall prepare an i mprovement plan for Horizon
Lane, Earth wood Lane, and Suburban R oad, includ in g roadway , bicycle, and pedestrian
improvements . Improvements shall be constructed by the Applicant in coordination with the
phasing plan required by MM TRANS-2a , to ensure the Applicant con structs all offs ite roadway
improvements in a timely manner consistent with Project phasin g. Th e Project App li cant shall:
• Prepare a d etailed improvement plan for Horizon Lane to bring this road into conformance
with City standards fo r a commercia l collector of width between 44 to 60 feet from
Suburban Road to the Project boundary. This plan shall be d eveloped in coordination with
adjacent property own ers and the City Public Works D epartment. Horizon Lane shall not
be con nected to the Proj ect site unti l such a plan h as been compl eted a nd improvements
are completed in accordance w it h the phasing plan, as part of Phase 4 . The section of
Horizon Lane/Jesp ersen Road from the Project boundary to Buckley Road shall be
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designated as a resident ia l collector with a width of roadway between 40 and 60 feet. P er
MM TRANS-2e, construction of the_Horizon Road from Suburban Road to Phase 4 of the
Project shall be completed and open to travel prior to the issuance of any occupancy permit
for th e 100th residenti al unit of Phase 4 development.
• Design and improve th e intersection of Horizon Lane/S ub urban Road to be cons istent with
C ity Engin eeri ng Standards and Spec ifi cations -Uniform Design Criteri a and Municipal
Code Standards.
• Coordinate with the property owners a long Earthwood Lane and City staff to complete the
Earthwood Lane Extension to the Proj ect site as part Phase 1. Ea,thwood Lane sha ll be
d eveloped to full City standards for a residential collector. Residential collectors shall be
44 to 60 feet w ide as required by the City's Uniform D es ign Criteria.
• Coordinate with the property owners along Suburban Road and City staff to p repare a
d eta il ed impro ve ment plan for Suburban Roa d to bring t hi s road into conformance with
City standa rd s. This plan s ha ll address w idenin g of sub sta ndard sections near t he east end
of this roadway, completion of missing sidewalk segments, installation of street trees,
pedestrian cross in gs (e.g., Suburba n Road at Earthwood La ne). In accordance to the C ity 's
Engineering Standards and Specifications -Uniform Design Criteria, a commercial
collector road s ha ll be 44 to 68 feet wide to effectively serve commerc ial a nd industr ial
uses . Improvements from Earth wood La ne to Hi guera Street shall be d on e as patt of Phase
1. Improvements from Earthwood Lane to Horizon Lane shall be done as part o f Phase 4
development, prior to the connection of Horizon Lane with the Project s it e.
• Prepare a detailed phasing plan th at id entifies reasonabl e timing of suc h improvements for
Suburban Road, Hori zo n Lan e, and Earthwood Lane. The phasing plan s hall be d eveloped
in close coordination wit h City staff. P er MM TRANS 2e, construction of the Suburban
Road improvements from Horizon Road from Earthwood shall b e completed and open to
trave l prior to issua nce of an occupancy permit for the I 00 111 residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to H iguera and the
Ea,thwood improvements on the Proj ect s it e a nd between th e Project and Submban shall
be completed prior to issuance of the occupancy permit for the 1 st dwelling unit.
Mitigatio n Measure TRANS-Ba. The Proj ect is located within the Los Osos Valley Road
interchange Sub Area fee program, and, as such, the App li cant shall pay the Los Osos Valley Road
s ub area fee , for the cost ofreconstru cting the Los Osos Valley Road/U.S. Hi ghway IO I in terchange
project and im provements along Los Osos Valley Road. Th e fee shaJI be assoc iat ed with the
number of dwelling units and the square footage of commercial d evelopment in the Project site and
s hall be paid th e time of building permit issua nce .
Mitigation Measure TRANS-JOa . The Applicant s hall design and constru ct ADA-compliant
sidewa lk s and ADA ramps on the east side of Sou th Hi guera Street to provide co nti nuous path s of
travel from the City limit line to Los O sos Valley Road.
Mitigation Measure TRA NS-I Ob. The App li cant sha ll design and con struct continuous sidewalks
along th e east side of South Higuera Street from Vach el! Lane to Los O sos Valley Road including
ADA ramps at th e Vachell La ne and South H iguera Street intersecti on, as illustrated in Figure 3 .1 2-
6.
Mitigation Measure TRANS-JOc. The Applicant shall d es ign and construct continuous ADA-
compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera
Street to Earth wood Lane. A receiving ramp shall be installed o n the north side of Su burban R oad
at Earthwood Lane.
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b. Finding: The City finds that changes or alterations have been required in , or incorporated into, the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measures would require
installation of pedestrian facilities , continuous sidewalks and ADA ramps, where needed , ensuring
that pedestrian facilities in the Project vicinity operate at acceptable levels and reducing the impact
to less than significant. (See FEIR pages 3.12-70 and 5-73 .)
9. Impact TRANS-11 : MP A development would increase demand for bicycle facilities in an underserved
area and would potentiaUy conflict with the City's Bicycle Transportation Plan regulations and General
Plan thresholds. (Refer to page 5-73 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
Mitigation Measure TRANS-Ba. The Project is located within the Los Osos Valley Road
interchange Sub Area fee program, and, as such , the Applicant shall pay the Los Osos Valley Road
subarea fee, for the cost ofreconstructing the Los Osos Valley Road/U.S. Highway 101 interchange
project and improvements along Los Osos Valley Road. The fee shall be associated with the
number of dwelling units and the square footage of commercial development in the Project site and
shall be paid the time of building pennit issuance.
Mitigatio n Measu re TRANS-] I. The Applicant shall construct two (2) separated bicyc le bridges
on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as
to provide continuous and safe bicycle routing along Buckley Road. Th ese sections of roadway and
creek crossings are under the jurisdiction of the County and would need to meet both City and
County design standards to the greatest extent feasible and are subject to approval of the City's
Public Works Director.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
project to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM T RANS-Sa and -11 would require that all
proposed bicycle lanes are design to meet BTP requirements and ensure consistency with General
Plan thresholds and the BTP goals and guidelines.
10 . Impact TRANS-12. The proposed MPA would increase demand for transit services in an
underserved area, presenting a barrier to both transit dependent and non-transit dependent households
for using transit. (Refer to page 3.12 -74 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce the project's impacts from
increases in demand for transit services.
Mitigation .Measure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provided to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase's development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and
install any physical improvements to Earthwood Lane and Suburban Road needed to
accommodate future service to the site. In addition, the proposed transit service onsite shall meet
standards stated in Policy 3.1.6, Service Standards.
b. Finding: The City finds that changes or alterations have been required in , or in corporated into , the
MP A to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Impl ementation of the proposed mitigation measure will meet the
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increased demand for transit service and reduce the impact to less than significant. (See FEIR page
3.12-75 and 5-73.)
11 . C umul ative Impact TRANS-14: Under near-term conditions, the proposed MPA would cumulatively
contribute incrementally to increased demand for bicycle and pedestrian facilities, potentially
conflicting with the City's BTP regulations and General Plan thresholds. (Refer to page 5-74 of the
Final ElR.)
a. Mitigation: The following mitigation measures would be required.
Mitigation Measure TRANS-I Ob. The Applicant shall design and construct continuous s idewalks
along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including
ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-
6.
Mitigation Measure TRANS-14. If approved by City Council, the City s hall amend the TIF, or
some other fee program, to include a fee program for the installation of a Class I bicycle path from
Buckley Road/South Higuera Street intersection to Los Osos Valley Road/U.S. Highway IO I
southbound ramps intersection, connecting to the Bob Jones Trail. The Applicant shall pay its fair
share fee to fund the improvement through the adopted fee program. Alternatively, the City may
establish a special or ad hoc mitigation fee program to fund the Project's share of these
improvements.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into , the
MPA to avoid or lessen to a less t han sign ificant level the cumulatively significant environmental
effects identified in the Final EIR. lmplementation of MM-TRANS-lOb would require the
Applicant to install continuous sidewalks to improve pedestrian LOS on Higuera Street from LOVR
to Vachell Lane. In addition , MM TRANS-14 would require the Applicant to pay its fair share fee
to fund the design and in stallation of a Class I bike path connection from Buckley Road/South
Higuera Street intersection to th e Los Osos Valley Road/U.S. Highway 101 southbound ramps
intersection if approved by Council. The Class I bicycle path would provide a parallel route to
South Higuera Street and avoid intersections along that segment. Therefore, with the installation of
Class T bicycle paths and continuous pedestrian facilities, cumulative impacts would be less than
significant.
12. C umul ati ve I m pact TRANS-15: Under long-term cumulative plus Project conditions, MPA-
generated traffic would result in a cumulatively considerable contribution to potentially significant
impacts to the operational conditions at four intersections. (Refer to page 5-74 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
Mitigation Measure TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the
installation a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG
SR 227 Operations Study. The City shall collect the fair s hare fee and coordinate payment of Project
fair share fees to help fund improvements with the County. Alternatively, the City should consider
an amendment of the AASP impact fee program to establish a new areawide fee to help fund
improvements to the intersection to offset cumulative development impacts. If an amended AASP
fee is created by the City it will suffice as appropriate mitigation for the Project's participation in
these improvements.
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Mitigation Measure TRANS-15a. Th e Applicant s hall pay its fai r share fee to the City to fund the
w idening of the P rado Road/South Higuera Street in tersection to accommodate a dual left-turn lane,
dual thru-lanes, and a right-tum lane on all approaches . Part of this share may be contained within
ex isting fee programs or ultimately in corporated into the Citywide TIF program. If amend ed in to
the Citywide TIF fee program, payment of those fees will address project impacts.
Mitigation Mea sure TRANS-15b. The App licant shall pay its fair share mitigation fees to fu nd
improvements to the intersection of Higuera/Tank Farm Road to provide: 1) extension of the
northbound right-tum lane, 2) the in sta ll atio n of a "pork cop" is land to ass ist p edestrian crossings,
and 3) widen in g o n the south side of Tank Farm to provide a s lip lane for right turning traffic. The
City should consider incorporating this improvement into the AASP Fee program.
Mitigation Measure TRANS-15c. The City shall review the cross sections for improvements to
T ank Farm R oad/Horizon Lane intersection as proposed within AASP to e nsure long-term
geomet r ic s meet the objectives of the General Plan. The Applica nt sha ll pay its fair share mitigation
fees to fund the installation of an additional northbound right-tum lane or a roundabout at the Tank
F a rm Road/H o ri zon Lane intersection. The City should cons ider incorporating this improvement
into the AASP fee program.
Mitigation Measure TRANS-15d. Th e Applicant s hall pay fair sha re mitigation fees to fund the
installation of a traffic signal or a single-lane roundabout at the Buckley Road/Vachell Lane
intersection. While not required , this work may be implemented as part of the Buckley Road
extens ion being insta ll ed as part of Phase 2 of the Project. Th e City s hould consider incorporating
this improvement into the AASP fee program.
b. Finding: The C ity finds that changes or alterations have been requ ired in , or in corporated into , th e
MPA to avoid or lessen to a less than significant level the cumulatively significant environmental
effects identifi ed in the Fin a l EIR. The above m easu res would e nsure that study intersectio ns
continue to operate at acceptable levels. Therefore, impacts to roadways u nder the cumulative plus
Project conditions for Tank Farm Road/South Higuera Street, T ank Farm Road/Horizon Lane, and
Buckley Road/Vachell La ne wou ld be less than sign ifi cant after mitigation.
K. UTILITIES
1. Impact UT-2: The MPA would require the expansion of utility infrastructure to serve new
development, including water, sewer, gas and e lectricity into the s ite ; the construction of which could
cau se environmental effects. (Refe r to page 5-75 of the Final EIR .)
a. Mitigation: The fo llowing mitigation measures would be required .
Mitigation Measure UT-2. The size, location , and alignment of all on -and offsite water,
wastewater, a nd energy infrastructure offsite s h all b e subject to review and approval b y the C ity's
Public Works and Utilities D epartments. The Applicant shall be responsib le for co nstructing a ll
required onsite and offsite utility improvements and well as for repaving of damaged roadways.
Mitigation Measure A Q-la. A Construction Activ ity Management Pl an (CAMP) shall be included
as part of Project grading and building plans and shall be su bmi tted to the APCD and to the City
for review and approval prior to the start of construction. In addition, the contractor o r builder shall
designate a person or persons to monitor t he dust cont rol program and to order increased wateri ng ,
as necessary , to prevent transpo1t of dust offsite. T heir duties shall include holidays and weekend
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periods when work may no t be in progress. The name and telephone of such persons sha ll be
provided to the AP C D prior to la nd use c learance for map recordation and grading. Th e plan s hall
include but not be Limi ted to the fo llowing elements:
I . A Dust Con trol Management Plan that encompasses the fo llowing dust control measures:
• Reduce the amount of disturbed area where possible;
• Water trucks or sprinkler trucks shall be used during construction to keep all areas
of vehicle movement damp enough to prevent dust from leav ing the s ite. At a
min imum , this would require twice-dai ly appUcations . AU d irt stock pile areas
s hould be sprayed daily as needed. Increased watering frequency would be
required when wind speeds exceed 15 miles per hour (m p h). Reclaimed wat er or
th e onsite water well (non-potable) s hall be used when possible. The contractor or
builder shall consider th e use of an APCD-approved dust s uppressant where
feasible to reduce th e am ount of wat er used for dust co ntrol;
• All dirt stock-pi le areas s hall be sprayed d a ily as needed;
• Permane nt dust control measures identified in the app roved Project revegetation
and landscape plans should be implemented as soon as possible following
completion of any soil disturbing activ ities;
• Exposed ground a reas t hat are planned to be reworked at dates g reater than one
month after in iti al gradi ng s hall be sown with a fast gem1in ating native grass seed
and watered until vegetation is establi shed;
• A ll disturbed soi l areas not subject to revegetation shall be stabili zed using
approved ch emic al soi l binders, jute netting, or other methods approved in advance
by the APCD;
• All roadways, driveways, s idewalk s , etc. t o be paved sb ouJd be complet ed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seedin g or so il binders are used;
• Vehicle speed for all constructi on vehicles s ha ll not exceed 15 mph on any
unpaved surface at th e co nstruction s ite ;
• All trucks haul in g dirt, sand , soil, or othe r loose materials are to be covered or shall
maintain at least two feet of freeboard in accordance with Cal iforn ia Vehicle Code
Section 231 14 ;
• In stall whee l wash ers where vehicles ent er a nd exit unpaved roads onto streets, o r
wash off trucks and equipment leaving the site;
• Sweep streets at t he end of each day if v isi ble soil materia l is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible ;
• All of these fugitive dust mitigation measures shall be shown on grading and
building plans; a nd
• The contractor o r builder s hall d es ignate a person or persons to m onitor the fugitive
du st control emissions a nd enhan ce the implementation of the measures as
necessary to minimize dust complaints, red uce v isi bl e emissions below 20 percent
opacity, and to prevent tra ns port of dust offsite. Th e ir duties s ha ll include holiday
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior
to th e start of any grading, earth work or demolition.
2. Implementation of the fo ll owing BAC T for diesel-fueled construction equipment, where
feasible. The BACT meas ures s hall include:
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• Use of Tier 3 and Tier 4 off-road equipment and 2010 on -road compliant engines;
• Repowering equ ipment with t he cleanest engines available ; a nd
• Installing California Verified Diesel Emission Control Strategies.
3. Impl ementation of the following sta nda rd air quality measures to minimize diesel
emissions:
• M a in tain all constru c ti on equipm ent in proper tu ne according to manufacturer's
specifications;
• Fue l all offroad and portable diesel powered equipment with CA RB-certified
motor vehicle diesel fuel (non-taxed version s uitab le for use off-road).
• Use on-road heavy-duty trucks that meet the CARB 's 2 007 or cleaner certification
stand ard for on-road heavy-duty diesel e ngines and comply with the State On-Road
Regulation ;
• Construction or trucking companies with fleets that do not ha ve e ngines in their
fleet that meet the engine stand ards id entified in the above two measures ( e.g.
captive or NOx exempt a rea fleets) may be eli g ible by proving alternative
compliance;
• On-and off-road diesel equipment shall not be allowed to idle for more t han five
minutes. Signs shall be posted in the designated queuing areas to remind drivers
a nd operators of the five-minute idling lim it;
• Di esel idlin g within 1,000 feet of sens iti ve receptors in not permitted;
• Stagi ng and queuing areas shall not be located within 1,000 feet of sens iti ve
receptors;
• Electrify equipment when feasib le;
• Substitute gasoli ne-powered in place of diesel-powered equipment , where
feasi ble ; and ,
• Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
4 . Tabulation of on-a nd off-road co nstruction equipment (age, horse-power, and miles and/o r
hours of operation);
5. Schedule construction truck trips during non-peak hours (as determined by the P ublic
Works Director) to reduce peak hour emissions;
6. Limit th e le ngth of the construction work-day period; and
7. Phase construction activities, if appropriate.
Mitigation Measure AQ-Jb. To reduce ROG and N O x levels during the architectural coating phase,
low or no VOC-emission paint sh a ll be used with levels of 5 0 g/L or less, such as Be nj amin Moore
Natura Paint (Odorless, Zero VOC Paint). Th e Applicant or builder shall implement additional
measures to reduce d ai ly and quarterly ROG and NOx levels related to arch itectural coatings to the
extent d etermined feas ibl e by the City and APCD, such as extending coatin g applications by
limiting daily coating act iv iti es.
Mitigation Measure AQ-l c. In ord er to further red uce Project air qua lity im pacts, an offsite
mitigation strategy shall be developed and agreed upon by the developer, City, and APCD at least
three months p rior to the issuance of grading pennits, including add ed funding for circulation
improvements a nd transit operatio ns. Such funding may be in the form of cash pay ment o r included
as part of the obligation of t he Community Facilities District. The Appli cant shall provide th is
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funding at least two months p ri or to the start of construction to help fac ili tate emi ssi on offsets that
are as rea l-ti me as possible. Offsite miti gation strategies shall in c lude one o r more of the follow in g:
• Replace/repower San Luis Obispo Regional Transit A uthority (SLORTA) trans it buses ;
• Purchase VDECs for transit buses; and
• Fund expansion of existing SLORTA transit services.
Mitigation Measure BIO-la. The App licant shall prepare and imp lement a B io lo g ical Mitigation
Pl an th at id entifi es constru ction-related stag in g a nd main ten ance areas and includes Project-
specific construction best manage ment p ractices (BM Ps) to avoid or minimi ze impacts to biological
resources, including all measures needed to protect riparian woodland alo ng Tank Farm Creek,
minimize erosion, and retain sectiment on th e Proj ect site. S uch BMPs shall in c lude (but not be
limited to) the following:
12. Construction equip ment an d vehicles shall be stored at least I 00 feet away from Tank F arm
Creek and adjacen t ripari a n habi tat , a nd all construction vehicl e maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
13. P1ior to construction activities a djacent to Tank Farm C reek, th e creek s hal l be fen ced with
orange constructio n fencing and signed to prohibit entry of constmction equipment and
personnel unless authorized by the City. Fencing should be locat ed a minimum of 20 feet
from the ed ge of the rip aria n canopy or top of bank, whichever is further from the creek,
and shat I be maintained throughout the construction period for eac h phase of development.
14. In the event that construction must occur w ithin th e creek or 20-foot creek setback, a
biological m o nitor s hall be present during all s uch acti v ities with the a ut hority to stop or
redirect work as needed to protect biological resources.
15. Construction shall occur during d ayligh t ho urs (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepu scu lar (daw n and dusk activity period)
species. No construction night li ghting shall be permitted within 100 yards of the top of the
creek banks.
16. Constructio n equipme nt s hall be inspected at the beginning of eac h work day to e nsu re that
no wildlife species is residing within any construction equipment (e.g., species have not
cl imbed into w h ee l wells, engine compartments, or under tracks sin ce the equi pment was
last parked). Any sensitive wi ldli fe species fou nd during in s pections shall be gent ly
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
17. Pallets or seconda ry contai nment areas for chemicals , drums , or bagged materials shall be
provided. Should material spills occur, materials and/or contaminants shall be cleaned from
the Proj ect site and recycled or di sposed of to th e sa ti sfaction of the Regional Water Quality
Contro l Board (RWQCB).
18. All trash and construction debris shall be picked up and prop erly disposed at the end of
each d ay a nd waste dumpsters shall be covered w ith plastic sh eeting at the end of each
workday and during storm even ts. All s he eting shall be carefully secured to withstand
weather conditions .
19 . The Applicant s ha ll implement erosio n co nt rol measures designed to minimize erosion and
retain sediment on the Proj ect site . Such measures sha ll include installation of si lt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Fa1m Creek and at th e perimeter of all cut or fill s lop es. All drainage shall b e directed to
sediment basins designed to retain all sedim e n t onsite.
20. Concrete h·uck and too l washout should occur in a designated locatio n s uch that no runoff
will reach the creek.
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21. All open trenches s hall be co nstructed with appropriate exit ramps to allow species that
incidentally fa ll into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wi ldlife species is present. Any sensitive
w ildlife species found duri ng inspections shall be gently encouraged to leave the Proj ect
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
wiU remain open for the shortest period necessary to complete required work.
22. Existing facilities and disturb ed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all constrnction access roads
and staging areas shaU be Located to avoid high qua li ty habitat and m.inirnize habitat
fragmentation.
Mitigation Measure BIO-lb. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approva l by the City and in consu ltation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
appl icabl e laws, regulations, and policies. Th e Environmental Monitor s hall monitor all
construction activities , conduct a biological resources education program for all construction
workers prior to the in.itiation of any clearing or construction activities , and provide quarterly
reports to the City regarding constru ction activities , enforcement issues and remedial measures.
The Environmental Monitor s hall be respon sible for conducting in spections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have o il sheen, liquid o il, or any other potential exposure risk to wildlife. If any exposure r isk
is identifi ed , the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure ri sk.
In addition , a CDFW-approved biologi st shaU be present during all construction occurring with.in
50 feet of Tank Farm Creek, ripa1ian hab itat, drainages, and seasonal or pem1anent wetlands. The
biologist s hall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BI0-3 and all subpa11s below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily bas is . The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
Mitig"tion Measure BJ0-2a. Project designs shall be modified to realign the T ank Farm Class I
b icycle path and re locate manufactured s lopes for housing pads in order to create a minimum of a
35 -foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian hab itat,
whichever is further, for at least 90 percent of co rridor length. No more than 10 percent of the
length of the corridor (700 linear feet) s hall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge ofriparian canopy, whichever is further. However, in any instance
th e creek setback s hall be no less than 20 feet from the edge of riparian canopy o r top of bank,
whichever is further, consistent with Section 17 .16 .025 of the City of San Luis Obispo Zoning
Regulations.
Mitigation Measure BI0-2b. The Biological Mitigation Plan shall provide details on timing and
imp lementation of required habitat restoration and shall be prepared in consultation with the City's
Natural Resource Manager and C DFW. A copy of the fina l p lan shall be submitted to the City for
review and approval. The plan shall be implemented by the Project Applicant, under supervision
by the City and Environmental Monitor, and:
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27. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
28. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adverse ly impacted by the P roject , inc luding a list of the soil, plants , and other
materials that will be necessary for successful habitat replacement, and a desciiption of
planting methods , location, spacing, erosion protection, and irrigation measures that will
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate estab lishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
29. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
p lanted, consistent with MM BT0-2c through BI 0-2e below and the findings in the
Biological Report (Appendix I).
30. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
31. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
32. Describe the criteria that will be used to evaluate the effectiveness and success of the
habitat replacement approach.
33. Indicate the timing and schedule for the planting of replacement habitat.
34. Habitat restoration or enhancement areas shall be establ ished within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible.
Habitats suitable for Congdon's tarplant and other native wetland species shall be created
onsite. If Congdon 's tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a 1: l ratio through seeding in a suitable conserved natural
open space area. A management plan for the species shall be deve loped consistent with
applicable scientific literature pertinent to this species.
35. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved by permitting agencies .
36. The B iological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wi ldlife and plant species.
37. A weed management plan and weed identification list shall be included in the Biological
M itigation P lan.
38. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds found on California D epa1tment of Food and Agriculture
Lists (CDFA) A and B . Noxious weeds on CDFA list C may be eradicated or otherwise
managed .
39. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the th ird year, and annually the fourth
and fifth years. Annual reports documenting site inspections and site recovery status shall
be prepared and sent to the County and appropriate agencies.
Mitigation Meas ure B10 -2c. Within the required Biological Mitigation Plan, all tempora1y and
permanent impacts to riparian trees, wetlands, and riparian habitat shal l be mitigated, as follows:
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16. Temporruy imp acts to wetland and tiparian hab itat sh all b e mitigated at a minimum I: I
mitigation ratio fo r restoration (a rea of restored ha b itat to impacted habitat).
17 . Pem1anent impacts to state jurisdictional a reas, including isolated wetlands within
agric ul t ural la nd s a nd riparian habitat will be mitigated at a 1.5: I ratio (area ofrestored a nd
enhanced habitat to impacted habitat).
18. Pem1anent impacts to federal wetlands shall be mitigated at a mininlum 3: I ratio (I: 1 area
of created to impact ed habi tat plus 2: I area of created/enhanced habitat to impacted
habitat).
19. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be
replaced in-kind at a minimum ratio of 3: I (rep laced: removed). Trees measured at 24
inches or greater 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
Cal iforni a Salmon id Stream Habitat Restoration Manual for planting dormant cuttings a nd
container stock (CDFW 2010). Permanent impacts to riparian vegetation s hall b e mitigated
at a 3: I ratio to ensme no n et loss of acreage and indi vidua l plants.
20. Replacement trees shall b e planted in th e fa ll o r wint er of the year in which trees were
removed. All replacement trees will be planted no more t han one year following the d ate
upon which the native trees were removed . R ep lace ment plants shall be monitored for 5
years w ith a goa l of at least 70 percent surviva l at t he e nd of the 5-year period.
Supplemental irrigation may be provided during years l to 3; however, supplemental
watering shall not be p rovided durin g the fin al two years of monitoring.
Mitigation Measures BI0-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South C reek Segment to protect all existi ng mature riparian
woodland , and the proposed drainage plan shall be alt ered to convey remaining surface water flows
from areas to the north to this channel.
Mitigation Measure BI0-2e. To minimize impacts to riparian habitat, t he Project shall stockpil e
s uffici e nt emergent vegetation (e.g., cattails) for later planting in th e realigned reach of Tank Farm
Creek. Stockpil ed vegetation shall be placed in earthen bas in s with t he roots covered with moist
soil and maintained in a moist condition during con struction operations.
Mitigation Measure BI0-2g. A post-construction landscape and restoration report for each phase
sh all be prepared by th e Environmen tal Monitor based o n as-built drawings and s ite inspections to
document the final g radi ng, plantings, and habitat restoration activiti es . The report shall inc lude as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-buil t plans sha ll be prepared by landscape and grading contractors responsible for realignment
and re storation within Tank Farm Creek.
Mitigation Measure BI0-2h. Project activities wi t hin Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary eros ion repairs, or culvert removals, shall be
performed when the cha nn el is dry, planned to the satisfactio n of the City Engineer and Natural
Resource Manager per City Drai nage Manual Standard s, and be subject to monitoring by the
Environmental Monitor. Upon removal of the ex isting steel culvert currently used for farm access
across Tank Farm Creek , th e cha nn el shall b e restored to match co nditi ons immediately upstream
and d ownstream in c lu ding channel w idth , gradi e nt, and vegetation .
Mitigation Measure BI0-2i. To reduce eros ion and runoff from a ll exposed soi ls, a ll bare di sturbed
soils shall be hydroseeded at t he completion of grading for each construction phase. The seed mix
shall co nta in a minimum of three locally native grass species and may contain one or two sterile
non -nati ve grasses not to exceed 25 percent of th e total seed mix by co unt. Seeding shall be
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completed no later than Novemb er 15 of the year in which P roject activities occuJTed . All exposed
areas where seeding is co ns idered u nsuccessful after 9 0 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion .
Mitigation Measure BI0-2j. The Tank Farm Creek C lass I bicycle path bridge footings for creek
crossings s h all be placed o utside mapped riparian areas and o utside th e top of the bank of the
chann el invert. The Class I bridges shall be located w ithin areas that have little to no riparian
vegetation . No constructi on activities or equipment shall occur in the stream channel. The
placement of the bridge an d footings shall be indicated on t he Development Pl an , VTM, and
Biolog ic al Mitigation Plan , a nd shall show the bridges' p lacement in relation to ex isting vegetation
and the creek channel and banks.
Mitigation Measure BI0-3a. The C ity-approved qualified biologist shall conduct tra in ing to a ll
construction personnel to famil iarize construction crews with sensitive species that have the
potential t o occu r w ithin the Proj ect site. T his may include b ut is not limited to: Cal ifornia red-
legged frog, western pond turtle, SteeU1ead trout, bats , migratory birds , and Congdon 's tarplant.
The ed ucatio nal program s h all includ e a d escript ion what constitutes take, penalties fo r take, a nd
the g uide lines that would be followed by all construction person ne l to avoid take of species during
constructio n activities. Descriptions of the California red-l egged frog a nd its habits , Congdon 's
tarplant, nestin g and migratory birds that may b e encountered, and aJ I other sens iti ve species that
have a potential to occur within the v icin ity of Project construction s hall be provided. The
construction crew foreman shall be responsible for ensuring that crew members comply with the
g uide lin es an d that all new personnel receive the trai nin g before partaki ng in construction activities.
Mitigation Measure BI0-3b. T he Biological Mitigation Plan sha ll address wildl ife and special
s tatus species moveme nt as fo ll ows:
• Migratory and Nestin g Bird Management. Grading and construction activities shall
avoid the breeding season (typically assumed to be from February 15 to August 15) to the
extent practicable, particula rl y within 50 feet of Tank Farm Creek a nd riparian o r wetland
habitat. If Project activities must be conducted during this period, pre-construction nesting
bird surveys shall take place within one week of habitat disturbance assoc iated with each
phase, and if active nests are located, the fo llowing s hall be im p lement ed:
• Constructio n activities within 50 feet of active nests shall be restri cted until chicks have
fledged, u n less the nest belongs to a raptor, in which case a 200-foot activity restriction
b uffer shall be observed.
• A pre-construction su rvey report shall be submi tted to th e C ity immediately upon
completion of the survey. The report shall detai l appropriat e fenc ing or flagg ing of the
b uffer zone and make recommendations on add itional monitoring requirements . A map of
the P roject s ite a nd n est locations sh a ll b e in cluded with th e re port.
• The Project bi ologist conducting the nesting s urvey s hall have the autho rity to red uce o r
increase th e recommended buffer depending upon site conditions and the species involved.
A repo1t of fin dings an d recommendations for bird protection shaU be submitted to the City
prio r to vegetation removal.
• Bat Co lony Management. Prior to removal of any t rees over 20 inches diameter-at-breast-
height (DBH), a survey shal l be conducted by a CDFW-approved qualified b io lo gist to
d etennine if any tree proposed fo r removal or trimming h arbors sensitive bat species or
mat ernal bat colonies. Materna l bat coloni es s hall n ot be disturbed. If a non-maternal roost
is found, t he qualified biologist shall install one-way valves or o ther appropriate passive
relocation method. For each occupied roost removed, one bat box s ha ll be installed in
si mil a r habitat a nd shall have si m ila r cavities o r crevices to those which are removed,
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including access , ventilation, dimensions, h eight a bove ground, and thermal conditions . If
a bat colony is excluded from the Proj ect s it e, appropriate alternate bat habitat shall be
installed in the Project site. To th e extent practicable, alternate bat house installation shall
b e in stalled near the onsite drainage.
• Co ngdon 's Tarpl ant Management. Prior to initiation of construction , the Applicant shall
fund a sit e survey for Congdon's tarplan t, and:
• Tf Congdon's tarplant is found in areas proposed for building, the affected individuals s hall
be replaced at a 1: 1 ratio through seeding in a suitable conserved natural open space area.
• A m itigation and monitoring plan for th e species shall be developed consistent with
applicable scientific literatw-e pe1tinent to this s p ec ies . The plan s hall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdon's
tarplant to a less than significant level.
• The mitigation plan shall be incorporated into the Biological Mitigation Plan , wherein
wetland sites shall be created and Congdon's tarplant seeds from the site shall be
reintroduced.
• Sensitive S pecies Man agement. Injury or mortality to th e California red-legged frog,
western pond turtle, and stee lhead shall be avoided. The plan shall include the following
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs , turtles, and steelhead from the work area by a
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(CDFW) and federa l (USACE and USFWS) regulatory agencies with jurisdiction. Any
other se nsitive species observed during the pre-construction surveys s hall be relocated out
of hann's way by the qualified biologist into the nearest suitable habitat as detemuned in
consultation with the jurisdictional resource agency outside the disturbance area.
Mitigation Measure BI0-3c. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, and seasonal wetlands, the Project s ite s hall be surveyed for California red-
legged frogs by a qualified biologist. If any California red-legged frogs are found , work within 25
linear feet in any direction of the frog shall not start until the frog has been moved from the area.
The USFWS s hall be consulted for appropriate action; the Applicant shall obtain a Biological
Opinion from the USFWS and any additional authorization required by other regulatory agencies
prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or
USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland
movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion
fencing s hould contain no gaps and must extend at least 18 inches above ground; fences may be
opened during periods of no construction (e.g., weekends) to prevent entrapment.
Mitigatio n Measure B I 0-3d. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be s urveyed
for western pond turtles by a qualified biologist. If any western pond twtles are found, work shall
cease until the turtle is relocated to the nearest suitabl e habitat. The qualified biologist shall monitor
all ground breaking work conducted within 50 feet of western pond turtle habitat. The City-
approved biologist Environmental Monitor may detennine that s ilt fencing shall be installed
adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland
movement could allow them to access construction areas.
Mitigation Measure BI0-6. All work in and within 100 feet of Tank Farm Creek, including work
within the creek setback, s hall occur outside the rainy season (April 15 to Octob er 15 , unless
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approved otherwise by R WQCB), during periods when the creek channel is dry and water flows
are absent.
Mitigation Measure CR -2a. Data recovery through controlled grading of CA-SL0-2798/H shall
occur prior to the start of construction to seek buried features and additional diagnostic artifacts.
Tbe Applicant shall retain a R egistered Professiona l Archaeologist famili ar with th e types of
hi storic and prehistoric reso urces that could be encountered within the Project s ite and a Native
American monitor to supervise the controlled grading, which shall occur in 10-centimeter l ifts to
culturally sterile sediments or maximum construction depth (whichever is reached first).
• Any fom1ed tools exposed during grading s hall be collected. If archaeological features are
exposed (including but not limited to hearths, storage pits, midden deposits, or structural
remains), the archaeologist shall temporarily redirect grading to another area so the features
can be exposed, recorded, and sampled according to standard archaeological procedures.
Organic remains shall be dated using the radiocarbon method and the geochemical source
and hydration rim thickness of any obsidian shall be determined. Techni cal analyses of
plant remains , bone and shell dietary debris , and other important materials shall also be
performed.
• Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings ; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
Mitigatio n Measu re CR-2b. Following completion of controll ed grading of CA-SL0-2798/H ,
the Applicant s hall retain a Regi st ered Professional Archaeologist and a Native American
consultant to monitor all further earth disturbances within Phase 5 to ensure that previously
unide ntified buried archaeological deposits are not inadvertently exposed and damaged. ln th e
event archaeological remain s are e ncountered during grading or other earth disturbance, work in
the vicinity shall be stopped immediately and redirected to another location until the Project
archaeologist evaluates the significance of the find pursuant to City Archaeological Resource
Preservation Program Guidelines. If remains are found to be significant , they shall be subject to
a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.
Mitigation Measure CR-3a. Prior to the issuance of building and grading p ermits for Phase 1, the
Applicant s hall retain a City-approved Registe red Professional Archaeologist and a Native
American monitor to be present during all ground disturbing activities within the Project site and
Buckley Road Extens ion site. In the event of any inadvertent discovery of prehistoric or historic-
period archaeological resources during co nstruction, all work within 50 feet of the discove1y shall
immediately cease ( or greater or lesser distance as needed to protect the discovery and determined
in the field by the Project archaeologist). The Applicant shall immediately notify the City of San
Luis Obispo Community Development D epartment. The Project archaeologist shall eva luate the
significance of the discovery pursuant to City Archaeological Resource Preservation Program
Guidelines prior to resuming any activities that could impact th e site/discovery. If the Proj ect
arc haeologist determines that the find may qualify for li sting in the CRHR, the site shall be avoided
or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by
the Applicant. Work shall not reswne until authorization is received from the City.
Mitigation Measure CR-3b. Prior to construction, workers shall receive education regarding the
recognition of possible buried cultural remain s and protection of all cultural resources , including
prehistoric and historic resources, during construction. Such training shall provide construction
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personnel with direction regardi ng the procedures to be followed in the unlikely event that
previously unidentified archaeological materials , including Native American burials, are
discovered during construction. Training would also inform construction personnel that
unauthorized collection o r disturbance of artifacts or other cultural materials is not a llowed. The
trai ning s hall be prepared by the Project archaeologist and shal l provide a description of the cultural
resources that may be enco untered in the Proj ect site, outline steps to follow in the event that a
discovery is made, and provide contact information for the Project archaeologist, Native American
monitor, and appropriate C ity personnel. The training shall be conducted concurrent with other
environmental or safety awareness and education programs for the Project, provided that the
program elements pertaini ng to archaeological resources is provided by a qualified instructor
meeting applicable professional qualifications standards.
Mitigation Measure HAZ-1. Prior to earthwork and demolition activities , a s ite-spec ific Health
and Safety Plan shall be developed per California Occupationa l Safety and Health Administration
(Cal/OSHA) requirements. The Health and Safety Plan s hall include appropriate best manageme nt
practices (BMPs) related to the treatment, handling , and disposal of NOA and ACMs. A NOA
Construction and Grading Project Fonn shall be submi tted to the APCD prior to grading activities.
All construction employees that have the potential to come into contact with co ntaminated building
materials and soil/bedrock shall be briefed on the safety plan , including required proper training
and use of personal protective equipment. During earthwork and demolition activities , procedures
shall be followed to eli minate or minimize construction worker or genera l public exposure to heavy
hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within
potential demolished materials. Procedures shall include efforts to control fugitive dust, contain
and cover excavation debris piles, appropriate laboratory analysis of so il for waste characterization ,
segregation of contaminated soil from uncontaminated soil, and demolished materials. The
applicable regulations associated with excavation, removal, transportation, and disposal of
contaminated so il shall be followed (e.g., tarping of trucks and waste manifesting).
Mitigation Measure HYD-la. Prior to the issuance of any construction/grading pennit and/or the
commencement of any clearing, grading, or excavation, the Appl icant sha ll submi t a Notice of
Intent (NOI) for discharg e from the Project site to the California SWRCB Stonn Water P ennit Unit.
Mitigation Measure HYD-lb. The Applicant shall require the building contractor to prepare and
sub mit a Storm Water Pollution Prevention Plan (S WPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
to the initiation of grading and impleme nted for all construction activity on the Proj ect s ite in excess
of one ( l) acre, or where the area of di sturbance is less than one acre but is part of the Project's
plan of development that in total disturbs one or more acres. Tbe SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales, sa nd bagging, mulching, erosion control blankets,
silt fencing, and soi l stabilizers shall be used.
• Soil stockpi les and graded slopes sha ll be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed s lopes and at the toes of graded a reas
to reduce surface so il movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite eros ion and
sedimentation control measures.
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• Dust control measures shall be implemented to ensure success of aU onsite activities to
conh·ol fugitive dust.
• Streets s urrounding the Project s ite shall be cleaned daily or as necessary .
• BMPs shall b e strictly followed to prevent spills and discharges of pollutants onsite
(materia l and container storage, proper trash disposa l, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the P roject and implementing a closure SWPPP for
the site.
Mitigation Measure HYD-lc. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
Mitig ation Measure HYD-4a. A site-specific, geotechnical investigation sbalJ be completed in
areas proposed for HDD. P reliminary geotechnica l borings shall be drilled to verify that the
proposed depth ofHDD is appropriate to avoid frac -outs (i.e., the depth of finest grained sediments
and least fractures) and to determine appropriate HDD methods (i.e ., appropriate drilling mud
mixtures for specific types of sediments). The investigation sha ll inc lude results from at least three
borings, a geologic cross section, a discussion of drilling conditions, and a history and
reconm1endations to prevent frac-outs.
M itig"tio n Meas ure HYD-4b. A Frac-out Contingency Plan shall be completed and shall include
measures for training, mon itoring, worst case scenario eva luation , equipment and materia ls , agency
notification and prevention, containment, clean up, and disposal of released drilling muds.
Preventative measures would includ e incorporation of the recommendations of the geotechnical
investigation to determine the most appropriate HD D depth and drilling mud mixture. In
accordance with the RWQCB , HDD operations shall occur for non -perennial streams such as Tank
Farm Creek only when the stream is d1y , and only <luting daylight hours. In addition, drilling
pressures shall be closely mon itored so that they do not exceed those needed to penetrate the
fom1ation. Monitoring by a minimum of two City-approved monitors (located both upstream and
downstream, who will move enough to monitor the entire area of operations) shall occur throughout
drilling operations to ensure swift response in the event of a frac-out, while containment shall be
accomplished through construction of temporary benns/dikes and use of silt fences , straw bales,
absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plas tic
pails, shovels, portable pumps, and vacuum trucks . The Frac-out Contingency Plan shall be
submitted to the City, and the RWQCB shall rev iew the plan.
Mitigation Meas ure N O-la. Except for emergency repair of public service utilities, or where an
exception is issued by the Community Development Department, no operation of too ls or
equipment used in construction, dri ll ing, repair, a lterat ion, or demol ition 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-fami ly residential ,
80 dBA for mu lti-fami ly residential , and 85 dB A for mixed res ident ial/commercia l land uses, as
shown in Table 3.9-8 and Table 3.9-9 , across a residential or commercial property line.
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Mitigatio n Me as ure NO-I b. For all construction activity at the P roject 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.
• Stationary construction equipment that generates noise levels above 65 dBA at the Project
boundaries shall be sh ielded with a barrier that meets a sound transmiss ion class (a rating
of how well noise barriers attenuate sound) of 25.
• All diesel equipment s hall be operated with closed eng ine doors and shall be equipped with
factory -recommended mufflers.
• 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.
Mitig ation Meas ure N O-le. The contractor shall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise complaint
procedures to minimize potential annoyance related to construction noise . Noise-related complaints
shall be directed to the City's Community Development Department.
Mitigatio n Measure TRANS-I. The Applicant shall prepare a Construction Transportation
Management Plan for all phases of the proposed Project for review and approval by the City prior
to issuance of grading or building pem1its to address and manage traffic during construction. The
Plan shall be designed to:
• Prevent traffic impacts on the surrounding roadway network;
• Restrict construction staging to within the P roject site;
• Minimize parking impacts both to public parking and access to private parking to
the greatest extent practicable;
• Ensure safety for both those construction vehicles and works and the surrounding
community; and
• Prevent substantial truck traffic through residential neighborhoods.
• The Construction Transportation Management Plan shall be subject to review and approval
by the Public Works Director to ensure that the Plan has been designed in accordance with
this mitigation measure. This rev iew shall occur prior to issuance of grading or bu ilding
permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum , this shall include parking and travel Jane
configurations; warn ing, regulatory , guide, and directional signage ; and area
sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific
information regarding the Project's constrnction activities that may disrupt nonnal
pedestrian and traffic flow and the measures to address these disruptions. Such
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Plan shall be reviewed and approved by the Community Development Department
and implemented in accorda nce with this approval.
• Work within the public right-of-way shall be reviewed and approved by the City
on a case by case basis based on the magnitude and type of construction activity.
Generally work s hall be performed between 8:30 AM and 4:00 PM. This work
includes dirt hauling and construction material del ivery. Work within the public
right-of-way outside of these hours shall only be allowed after the issuance of an
after-homs construction permit administered by the Building and Safety Division.
Additionally restrictions may be put in place by Public Works D epartment
depending on particular construction activities and conditions.
• Streets and equipment sha ll be cleaned in accordance with estab lished Public
Works requirements.
• Trucks s hall only travel on a City-approved construction route. Limited queuing
may occur on the construction site itself.
• Materials and equipment shall. be minimally visible to the publ i.c; the preferred
location for materials is to be onsite , with a minimum amount of materials within
a work area in the public right-of-way, subject to a cmrent Use of Public Property
Permit.
• Provision of off-street park ing for construction workers, which may include the
us e of a remote location with s huttl e transport to the site, if determined ne cessary
by the City.
Proj ect Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
• The traveling public shall be advised of impending construction activities that may
sub stantially affect key roadways or other fac ilities (e.g., infonnation signs,
portable message signs, media listin g/notification , and implementation of an
approved Construction Impact Mitigation Plan).
• A Use of Public Property Pennit, Excavation P ermit, Sewer Permit, or Oversize
Load Permit, as well as any Caltrans permits required fo r any construction work
requiring encroachment into pub lic rights-of-way, detours , or any other work
within the public right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected
agenc ies (e.g., P olice D epa rtment, Fire D epa rtment, Publi c Works Deprutment,
and Community Deve lopment Department) and to all owners and residential and
commercial tenants of property within a radius of Y.. mile.
• Construction work shall be coordinated with affected agencies in advance of start
of work. Approvals may take up to two weeks per each submittal.
• Public Works D epartment approval of any haul routes for construction materials
and equipment deliveries shall be obtained.
b. Finding: The City finds that changes or alterations have been required in , or incorporated into , the
project to avoid or lessen to a less than significant level the sign ificant env ironme ntal effects
identified in the Final E TR. Impl ementation of mitigation meas ure MM U T-2, as well as
construction-related mitigation measures for air quality , biological resources, cultural resources,
hazards and hazardous materials, hydrology and water quality, noise, and transpo 1tation and traffic,
wou ld ensure that installation of u til ity l in es does not result in the exceedance of environmental
thresholds.
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SECTION 7. SIGNIFICANT UNA VOIDABLE ENVIRONMENTAL
EFFECTS OF THE PROPOSED MITIGATED PROJECT ALTERNATIVE
FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE
The .findings below are for impacts that would result in potentially significant effects on the natural or
human environment that could not be lessened to a less than significant level through changes or
alternations in the project or implementation of mitigation measures. To approve a project resulting in
significant and unavoidable impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that " ... specific legal, technological, economic, social, or other considerations
make infeasible the mitigation measures or alternatives identified in the EIR ... ".
This section presents the project's significant env ironmental impacts and feasible mitigation measures.
Section 15091 of the State CEQA Guidelines ( 14 Cal ifornia Code of Regulations [CCR]) and Section 21081
of the Public Resources Code require a lead agency to make findings for each significant environmental
impact disclosed in an EIR. Specifica!Iy, for each s ignificant impact, the lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the finding. Such changes have been adopted by such other agency or
can and should be adopted by that agency; or
• Spec(fic economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly train ed workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be s upported by substantial evidence in the administrative record. This section
identifies impacts that can be reduced, but not to a less-than-significant level, through the incorporation of
feasible mitigation measures into the project, and which therefore, remain significant and unavoidable, as
identified in the Final EIR. The impacts identified in this section are considered in the same sequence in
which they appear in the ETR. Where adoption of feasible miti gation measures is not effective in avoiding
an impact or reducing it to a less-than-significant level, the feasibi lity of adopting a lt ernatives to the
proposed project is considered in Section 7 of this document.
A. AGRICULTURAL RESOURCES
1. Impact AG-1: The proposed Project would impact agricultural land within the Project site and offsite
Buckl ey Road Extension with the direct conversion of historically cultivated farmland to urban
development. (Refer to page 5-45 of the Final EIR.)
a. Mitigation: The incorporation of the following nutigation measure is required to ensure the
Project's consistency with policies of the City General Plan Land Use Element and Conservation
and Open Space Element, which require the acquisition and conservation of an equivalent area of
prime farmland soi ls offsite to offset land that would be converted from agricultural use with
development of the Project site:
Mitigation Measure AG-I. The Applicant shall establish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City's priority is that s uch agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implemented using one of the following options:
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m. The Applicant s hall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, w ithin the City of San L uis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or p lace in a conservation easement a parcel of land of at least 71 acres of
equal quality farmland , or provide in-lieu fees to allow the City to complete such an
acquisition.
n. If no suitable parcel exists within t he City Umits , the A pplicant shall id entify and purchase
or place in a conservation easement a parcel of farmland , of equal quantity and quality,
within the City's Sphere oflnfluence that is threatened by development of nonagricultural
uses . The parcel shall be p laced in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere of Influence). The Applicant may also provide
in-lieu fees to allow the City to complete such an acquisition.
o. In the event that no suitable land is availab le within the City limits or City's Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland , of eq ual quantity and quality , within the City's urban reserve or
greenbelt that is threatened by d evelopment of nonagricultural uses. This parcel shall b e
placed in an agri cultural conservation easement (refer to Figure l in the Land Use Element
for C ity Planning Area). T he Applicant may also provide in-lieu fees to allow the C ity to
complete such an acquisition.
p. In the event that no s uitabl e land for an agricultural conservation easement is ava ilabl e for
purchase within the C ity limits, the City's Sphere of Influence, or urban reserve or
greenbelt Planning Area, the Applicant shall identify and purchase or place in a
conservation easement a parcel of farmland , of equal quantity and quality, within County
lands (e.g., agricultural lands 001th and south of Buckley Road) that is considered to be
threatened by the conversion to nonagricultural use. This parcel shall be placed in an
ag1ic ultural conservation easement. The Applicant may also provide in-lieu fees to allow
the City to comp lete such an acquisition. The Appl icant shall demon strate that such land is
as close in proximity to the City as feasible.
b. Finding: The City frnds that while implementation of Mitigation Measure AG-1 would ensure the
MPA is consistent with adopted polici es of the City General Plan, the iITeversible conversion or
loss of prime farmland soi ls for non-agricultural use through development of the Project would
result in significant effects to agricultural resources, as these lost soils could not be replaced or
recreated . Therefore, impacts would rema in sig nificant and unavoidabl e. A statement of overriding
considerations for this impact is made in Section 9.
2. Cumu l ative Agricul tura l Resources Impacts: Th e MP A, and other cumulative development, is
subject to adopted policies of the City General Plan and AASP relating to the protection and
conservation of agricultural resources . However, cumulative development would continue to result in
tl1e irreversible loss of agricultural land and importan t agricultural so il s. Cumulative effects under the
MPA would be simi lar to those of the Proj ect as described on page 3.2-28 of the Final ElR.
a. Mitigation: No other feasible mitigation is available that would result in the replacement or
recreation of prime farm land soi ls and other important agricultural resources.
b. Finding: The City finds that cumulati ve development would continue to resu lt in the irreversible
loss or conversion of agricultural resources. However, no feasib le mitigation is available for
cumulative impacts to agricultural resources, and impacts would remain significant and
unavoidabl e. A state ment of overriding considerations for this impact is made in Section 9.
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B. AIR Q UALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-1: T he MP A would result in potentially s ignificant co nstruction-related air quality impact s
from dust and air pollutant emissions generated by gracting and construction equipment operation.
(Refer to page 3 .3-22 of the Final EIR.)
a . Mitigation: The following m iti gation measures are required by the San Luis Obispo APCD to
reduce project construction ROG and NOx and DPM and recommended to improve consistency
w ith the C lean Air Plan (CAP).
Mitigation Measure A Q-Ja. A Construction Activity Management Plan (CAMP) s hall be included
as part of P roject grading and building plans and shall be submitted to the APCD and to the City
for r eview and approval prior to th e start of construction. In addition, the contractor or b uilder shall
designate a person or persons to monitor t he dust control program and to order increased watering,
as necessary , to prevent transpo11 of dust offsite. Their duties shall include holidays and weekend
periods wh en work may not be in progress. The name a nd te le phone of such persons shall be
provided to the AP C D prior to land use clearance for map recordation and grading. The plan shall
include but not b e limited to the fo llowing e lemen ts :
8. A Dust Control Management Pl an that encompasses the following dust control measures:
• R ed uce th e amoun t of di sturbed area w here possible;
• W ater trucks or sprinkler trucks shall be used during constructio n to keep all areas
of vehicle movement damp enough to prevent dust from leaving the s ite. At a
minimum, this would require twice-daily appl ications. All dirt stock pile areas
s h o uld be sprayed daily as needed. I ncreased watering freq uency would be
required when wind speeds exceed 15 mi les per hour (mph). R eclaimed wat er or
the onsite water well (non-potable) shall be used when possible. The contractor or
build er s h all con sider th e use of an APCD-approved dust s uppressant where
feasible t o reduce th e amount of water u sed for dust control;
• A ll dirt stock-pile areas shall be sprayed daily as needed;
• Pennanent dust control measures identified in the approved Project revegetation
and landscape p lans should be implemented as soon as possibl e following
completion of a ny soil di sturbing activ ities;
• Exposed ground areas t hat are planned to be reworked at dates g reater than one
month aft er initial grading shall be sown with a fast germinati ng native grass seed
and watered until vegetation is establi sh ed;
• All disturbed soil areas not s ubj ect to r evegetation shall be stabilized using
approved c hemical soil b inders,jute netting, o r other m etho ds a pproved in advance
by the APCD;
• A ll roadways, driveways , sidewalks , etc. t o be paved should be completed as soon
as p ossible. In addition, b uild ing p ads should be la id as soon as p ossible after
gradi ng unless seedin g or soil binders are used;
• Vehicle speed for all con struction vehicles s hall not exceed 15 mph on any
unpaved surface at the construction s it e;
• A ll trucks h aul in g dirt, sand, soil , or other loose materials are to be cove red or shall
maintain at least two feet of freeboard in accordance with Californ ia Vehicle Code
Section 231 14 ;
• In s tall wheel washers where veh icl es ent er and ex it unpaved roads onto streets , o r
wash off trucks and equipment leaving the site;
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• Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where fea sible;
• All of these fugitive dust mitigation measures shall be shown on grading and
building plans; and
• The contractor or builder shall des ignate a person or persons to monitor the fugitive
dust control emissions and enhance the implementation of the measures as
necessary to minim ize dust complaints, reduce visible emjssions below 20 percent
opacity, and to prevent transport of dust offsite. Their duties sbaJI include ho liday
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance D ivision prior
to the start of any grading, earthwork or demol.ition.
9. I mplementation of the following BACT for diesel-fue led construction equipment, where
feasible. The BACT measures shall include:
• Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;
• Repowering equipment with the cleanest engines available; and
• Installing California Verified Diesel Emission Control Strategies.
10. Implementation of the following standard air quality measures to mmimize diesel
emissions:
• Ma intain all construct ion equipment in proper tune according to manufacturer's
specifications;
• Fuel all offroad and portable diesel powered equipment with CARE-certified
motor vehicle diesel fuel (non-taxed version suitable for use off-road).
• Use on-road heavy-duty trucks that meet the CARB's 2007 or cleaner certification
standard for on-road heavy-duty d iesel 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 eligib le by proving a lternative
compliance;
• On-and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers
and operators of the five-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors in not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
• Electrify equipment when feasib le;
• Substitute gasoline-powered in place of diesel -powered equipment, where
feasible ; and,
• Use alternatively fueled con struction equipment onsite where feasible , such as
compressed natural gas (CNG), l iquefied natural gas (LNG), propane or bioruesel.
11. Tabulation of on-and off-road construction equ ipment (age, horse-power, and miles and/or
hours of operation);
12. Schedule construction truck trips during non-peak hours (as detemlined by the Public
Works D irector) to reduce peak hour emissions;
I 3. Limit the length of the construction work-day period; and
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14. Phase construction activities, if appropriate.
Mitiga tion MeasureAQ-lb. 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, such as Benjamin Moore
Natura Paint (Odorless, Zero VOC Paint). The Applicant or builder shall implement additional
measures to reduce daily and quarterly ROG and NOx levels related to a rchitectural coatings to the
extent detennined feasible by the City and APCD , suc h as extending coating applications by
limiting daily coating activities.
Mitigation Measure AQ-Jc. In order to further reduce Proj ect air quality impacts, an offsite
mitigation strategy shall be developed and agreed upon by the developer, City , and APCD at least
three months prior to the issuance of grading permits , including added funding for circulation
improvements and transit operations. Such funding may be in the form of cash payment or included
as part of the obligation of the Community Facilities District. The Applicant sha ll provide this
funding at least two months prior to the start of construction to help facilitate e mi ssion offsets that
are as real-time as possible. Off site mitigation strategies shall include one or more of the following:
• Replace/repower San Luis Obispo Regional Transit Authority (SLORT A) transit buses;
• Purchase VDECs for transit buses; and
• Fund expansion of existi ng SLORTA transit services.
b. Finding: The City finds that specific economic , social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Miti gation Measures AQ-1 a through 1 care feasible and have been adopted. However, no additional
mitigation is available that would reduce the project's anticipated construction emissions below
establ ished APCD Tier I Quarterly Thresholds. Therefore, impacts related to project construction
emissions are significant and unavoidable. A statement of overriding considerations for this impact
is made in Section 9.
2. Impact AQ-2. The MPA would result in sign ificant long-term operation-related air quality impacts
generated by area, energy, and mobile emissions. (Refer to page 5-48 of the Final EIR .)
a. Mitigation: The following mitigation measures are required by the San Luis Obi spo APCD to
reduce project operational emissions.
Mitigation Measure AQ-2a. The Applicant shall include the following:
• Water Conservation Strategy: The Applicant sha ll install fixtures with the EPA WaterS ense
Label, achleving 20 percent reduction indoor. The Project shall install drip, micro , or fixed
spray irrigation on all plants other than turf, also including the EPA WaterSense Label,
achieving 15 percent reductio n in outdoor landscaping.
• Solid Waste: The Applicant shall institute recycling and composting services to achieve a
1.5 percent reduction in waste disposal , and use waste efficient landscaping.
• Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area
disturbed in accordance with CARB Rul e 403.
• Energy Conservation Strategy: The Applicant shall install additional solar and alternative
energy features (e.g., so lar panels on commercial buildings; solar canopies over
commercial parking areas).
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Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the AP CD ,
Projects generating more than 50 lbs/day of combined ROG + NOx or PM1 0 shall implement all
feasible measures within Table 3-5 of the Air Quality Handbook.
b. Finding: The City finds that specific economic , social, legal , technological, or other considerations
make the mitigation measw·es or project alternatives id entified in the Final EIR infeasible.
Mitigation Measures AQ-2a and 2b are feasible and have been adopted. However, no additional
mitigation is available that would reduce the project's anticipated operational long -term emissions
below established APCD maximum daily emissions thresholds. Therefore, impacts related to
project construction e mi ssions are significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 9.
3. Impact AQ-5. Th e MP A is potentially inconsistent with the County of San Luis Obispo APCD's 200 I
Clean Air Plan. (Refer to page 5-52 of the Fina l EIR.)
a. Mitigation: The following mitigation measures are required to improve consistency with the CAP.
Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the APCD ,
Projects generating more than 50 lbs/day of combined ROG + NOx or PM1 0 shall implement all
feasible measures within Tabl e 3-5 of t he Air Quality Handbook.
Mitigation Measure TRANS-12. The Applicant shaU coordinate with SLO Transit to ensure that
adequate service would be provide to the two proposed bus stops and Project area. T he bus stops
shall be constructed by th e Applicant within the respective phase's development area. To assure
adequate service is provided to the two new bu s stops onsite, the Applicant shall pay for and install
a fair s hare to fund any physical improvements needed to accommodate future service to the s ite .
In addition , the proposed transit service onsite shall meet standards stated in Policy 3. I .6, Service
Standards.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measw·es or project alternatives id entified in the Final EIR infeasible.
Mitigation Measure AQ-2b and TRANS-12 are feasible and has been adopted. However, mitigation
is not available that would reduce projected population growth such that the project's increase in
vehicle trips rate would be consistent with overall land use planning principles conta in ed in the
2001 CAP. Therefore , impacts related to consistency with the 2001 CAP would remain sign ificant
and unavoidable. A statement of oveniding considerations for this impact is made in Section 9.
4. Cumulative Air Quality Impacts: As analyzed in the LUCE Update EIR, full buildout under the
LUCE would not be consistent with the 2001 Clean Air Plan. Mitigation Measure AQ-2b and
Mitigation Measure TRANS-12 would reduce the project's contribution to t hi s cumulative impact to
the maximum extent feasible. However, no additional mitigation is available to address cumulative air
quality impacts. As such, cumulative impacts on air quality would remain significant and unavoidable.
(Refer to page 3.3-50 of the Final EIR.)
a. Mitigation: Th e following mitigation measures would be required to reduce the project's
cumu lative impact to the maximum exte nt feasible.
Mitigation Mea sure AQ-2b. Consistent with standard mitigation measures set forth by the AP CD ,
Projects generating more than 50 lbs/day of combined ROG + NOx or P M1 0 shall implement all
feasible measures within Table 3-5 of the Air Quality Handbook.
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Mitigatio n Measu re TR ANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provide to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase's development area. To assure
adequate service is prov ided to the two new bus stops onsite, the Applicant shall pay for and install
a fair share to fund any physical improvements needed to accommodate future service to the site.
In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service
Standards.
b. Finding: The City finds that specific economic , social , legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final ETR infeas ible, as
analyzed in the FEIR. Mitigation Measure AQ-2b and Mitigation Measure TRANS-12 are feasible
and has been adopted. However, no additional feasible mitigation is available for cumulative air
quality impacts, which would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 9 .
C. N OI SE
1. Impact N0 -1: Short-term construction activities would generate noise levels that would exceed
thresholds established in the City 's General Plan Noise Element and Noise Guidebook, with potential
impacts to sensitive receptors. (Refer to page 5-65 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce project construction-related
noise to the maximum extent feasib le:
Mitig atio n Meas ure N O-Ia. Except for emergency repair of public service utilities, or where an
exception is issued by the Community Development Department, no operation of too ls 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 res ident ial/commercial land uses, as
shown in T able 3.9-8 and Table 3 .9-9 , across a residential or commercial property line.
Mitigatio n Mea sure NO-l b. For all construction activity at the P roject 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.
• Stationary construction equipment that generates noise levels above 65 dBA at the Project
boundaries shall be shielded with a barrier that meets a sound transmission class (a rating
of how well noise barriers attenuate sound) of 25.
• A ll diesel equipment shall be operated with closed eng ine doors and shall be equipped with
factory-recommended mufflers.
• 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.
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Mitigation Measure NO-Jc. The con tractor s hall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise complaint
procedw-es to mjuimize potential annoyance related to construction noise. Noise-related complaints
s hall be directed to the C ity 's Community Deve lopment Department.
b. Finding: The City finds that specific economic , soc ial, legal, technological , or other considerations
ma ke the mitigation measw-es or project alternat ives identified in the Final EIR infeasible.
Mitigation Measures NO-la through N O-le are feasible and have been adopted . Available
mitigation would not reduce periodic construction-noi se below the applicable City standards over
the I 0-year MP A construction period. T herefore temporary noise impacts associated with on-site
construction activity would be s ignificant and unavoidable. A statement of overriding
considerations for this impact is made in Section 9 .
D. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-5: MP A-generated traffic would cause increase delays and cause exceedance of
inte rsection capacity at the Buckley Road/SR 227 intersection in both the AM and PM peak hours.
(Refer to page 5 -72 of the Final EIR.)
a. Mitigation: The following mitigation meas ure is required to reduce project impacts to traffic
operations at the Buckley Road/SR 227 intersection to the maximum extent feasible.
Mitigation Measure TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the
installation a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG
SR 227 Operations Study. The City shall collect the fair s hare fee and coordinate payment of Project
fair share fees to help fund improvements with the County. A lternatively, the City should consider
an amendment of the AASP impact fee program to establish a new areawide fee to help fund
improvements to the intersection to offset cumulative development impacts. Tf an amended AASP
fee is created by th e City it will suffice as appropriate mitigation for the Project's participation in
these improvements.
b. Finding: The City finds that specific economic, soc ial, legal , technological, or other considerations
make the mitigation measw-es or project alternatives id entified in the Final EIR in feasible.
Mitigation Measure TRANS-5 is feasib le and has been adopted. However, because improvements
to this intersection have not yet been funded or planned, the MP A would continue to contribute to
exceedance of thresholds at this intersection until such improvements are completed. A statement
of overriding considerations for this impact is made in Section 9.
2 . Cumu lative Impact TRANS-13 . Und er near-term plus Project co nditions , MPA-generated traffic
would cause contribute to delays and exceedance of storage capacities at Buckley/SR 227. The Project
would also contribute to exceedance of storage capacities along Los Osos Valley Road/South Higuera
Street and contribute to road seg me nt congestion; however, impacts to Los Osos Valley Road would
be mitigated to a less than significant level. (Refer to page 5-74 of the Final E IR.)
a. Mitigation: The follow in g mitigation meas ure is required to reduce project impacts to the max imum
extent feasible.
Mitigation Measure TRANS-5. The Applicant s hall pay a pro-rata fair share fee to fund the
installation a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG
SR 227 Operations Study. The City sha ll collect the fair share fee and coordinate payment of Project
fair share fees to help fund improvements with the County. Alternatively , the City should consider
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an amendment of the AASP imp act fee program to establ ish a new areawide fee to help fund
improvements to the in tersection to offset cumulative deve lopment im pacts. Tf an amend ed AASP
fee is created by the C ity it will suffice as appropriate mitigation for the Project 's participation in
these improvements.
Mitigation Meas ure TRANS-13. T he City shall amend the Citywide TIF to in c lu de a fee program
fo r the in stallatio n of a seco nd southbound ri ght-turn lane at the Los Osos Valley Road/So u th
Higuera Street intersection , or create a separate mitigation fee for thi s purpose. The Applicant shall
pay its fa ir share of the improvement costs through th e payment of the Citywide TIF of the ad hoc
mitigatio n fees , as approp 1i ate, to th e City p ri or to issuance of bui ldi ng permits.
b. Findings: T he C ity finds that spec ifi c economic, social , legal, technological , o r other considerations
make th e mitigation measures or project a lterna ti ves id entifi ed in the Fin a l ETR in feasible.
Mitigation Measure TRANS-5 and TRANS -13 are feas ible an d have been adopted. However,
because impro ve m en ts to Buckley Road/SR 227 Intersec tion ha ve n ot yet been funded or planned,
the project wou ld continu e to contribute to exceedance of thresholds at this in tersection until su ch
improvements are completed . A statement of overriding considerations for this impact is made in
Section 9.
SECTION 8. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
MITIGATED PROJECT ALTERNATIVE
A. INTRODUCTION
As identified in Section 7 of thi s docurnent, th e proposed project wi ll ca use the following s ignificant and
unavoidable e nvironmental impacts to occur:
• Impact AG-1: Irreversible conversion of prime farmland soils
• Cumulative Agricu ltural Resources Impacts
• Im pact AQ-1 : Exceedance of APCD construction-e mi ssions threshold s
• Impact AQ-2: Exceedance of APCD operational-emissions thresholds
• Impact A Q-5: Inconsistency with the 2001 CAP
• Cumulative Air Quality Impacts: Cumula ti ve inconsistencies in the 2001 CAP from buildout of the
LUCE
• Impact N 0-1: Unacceptable short-term construction noise
• Impact TRANS-5: Exceedance o f capacity at Buckley Road/SR 227 intersection
• Cumulative Impact TRAN S-13 : Exceedan ce of cap acity at Buckley R oad/SR 227 intersection
under Cumulative conditions
Because th e proposed project will cause significant a nd unavoidab le e nvironmental impacts to occur as
identified above, the City must consider the feasibility of any environmentally superior alternatives to the
project, as proposed. The C ity must eva lu ate whether one or more of th ese alternatives co uld s ub stantially
lessen or avoid the un avoidab le signi fican t environmental effects.
As s u ch , the environme ntal superi ority and feasi bili ty of each a lternative to th e project is co nsidered in this
section. Specifically, this secti on evaluates the effectiveness of th ese a lternatives in reducing th e significant
and unavoidable impacts of the proposed project.
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B. DESCRIPTION OF THE ALTERNATIVES
The Final EIR for the project evaluates the following three alternatives to the MP A: (I) the original
Proposed Project (2); a No Project Alternative, which could result in one of two scenarios; and (3) a
Res id ential Plus Busi ness Park Land Use Alternat ive.
1. Originally Proposed Proj ect: Under the originally proposed project, which is the basis of the Project
D escripti on in the Final EIR, the Avila Ranc h D evelopment Plan dated D ecem ber 18 , 2015 would be
adopted, including an amendment to the AASP , a rezone, and related actions to pennit a mix of
residential uses (68 .23 acres), neighborhood commerc ial (3 .34 acres), and open space/park uses (71.30
acres) with construction of 720 units a nd 15 ,000 sf comm ercial space. In addition the P roject would
include realignment oftbe North-South Segment of Tank Farm Creek, burial of 600 feet of the northern
creek segment, restoration of disturbed areas, a nd enhancement of existi ng retained habitats. Key
drainage improvements would inc lude installation of a culvert through th e existin g 15-to 20-fo ot high
benn along the Project site/Chevron Tank Fann prope1ty boundary to convey runoff water via Tank
Farm Creek to San Luis Obispo Creek.
2. A lternative 1: No Project Alternative. As required by CEQA, this EIR eval uates the environment a l
conseq uences of not proceeding w ith the project. Thi s altern ative assumes that the Avila Ran ch
D evelopment Plan is not adopted and th at none of the proposed e ntitlements are implemented. Thi s
a lternative could result in one of two scenarios: a No D evelopment scenario (Alternative lA); and , a
General Pl a n Deve lopment Alternative (A lternative I B).
Under the No Project Alternative A , ongoing agri cultural production would continue, with associated
water use, application of pesticides and h erbi cides and other ongoing impacts (e.g., dust generati on).
Tank Faim Creek would not be restored and no substantial new source of new automobi le trips would
be generated with assoc iated imp acts to congestion, a ir pollutant and GHG emissions . D evelopment of
the site would not contribute to th e C ity's housing su pply , the potentia l for displacement of City
residents would increase , and a greater jobs/housing imbalance wou ld result.
Under the No Project A lternative B , the project s it e wou ld be d eveloped in-line with the 2014 LUCE
identification of th e site as a Special Focus Area - SP-4, which contains guidelines for development of
th e site with between 500 and 700 res id ential un its , a lon g with requirements for the provision of 15 ,000
to 25 ,000 square feet of commerc ial space and retention of la rge areas of open space for agricultural
buffers, provision of parks and creek r estoration. The Buckley Road Extension, as env isioned in the
updated LUCE , would occur under this alternative. Lastly, it is assumed the real ign ment of the North -
South Creek Segment of Tank Farm Creek would not occur.
3 . Alternative 3: R eside ntial Plus Busin ess Park Land Use A lte rnative . Thi s alternative would
comb in e development of th e site as a residential area wi th development of the site as a business park
with supporting commercial development. This a lternative would provide fo r development of a
b us in ess a rea, fo ll owi ng the site's current zoni ng for "BP-SP", or Business Park -Spec ifi c Pl an ,
encouraging employment growth in the eastern regio n of the Proj ect site. The residential component of
the alternative would allow up to 700 units, located in the western and northeastern regio ns of the
Project site, contained withi n the Airport Land Use Pl an Safety Areas S-1 C a nd S-2.
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C. EFFECTIVENESS OF ALTERNATIVES IN A V OIDI NG S IGNIFICANT PROJECT
IM PACTS
Th is section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable
impacts of the proposed project.
J. S ig nifi ca nt a nd U n avoid able Agricultura l Resou rces I m pacts. The MP A would resu lt in significant
and unavoidable project-level impacts related to the permanent conversion and loss of agricultural land
and prime farmland soil s. Under Alternative IA, no development would occw· and the s ite would
continue to support agricultural uses; therefore , agricultural resource impacts would be substantially
reduced. Under Alternative lB, the Proposed Project, and Alternative 3, the site would be developed
and would no longer be availabl e to suppo1t agiicultw-al uses , resulting in the conversion or Joss of
agricultural resources at a similar level ; therefore resulting in similar significant and unavoidable
impacts.
2 . S ig nifi cant a n d U navoid able Air Quality Imp acts. The MPA wou ld result in s ignificant and
unavoidable project-level impacts related to construction emissions, operational emissions , and project-
level and cumulative impacts related to Clean Air Plan (C AP) incon sistency. Under Alternative lA, no
development would occur, and no additiona l vehicle tri.ps would be generated; therefore, air qua lity
impacts would b e substantially reduced. Under Alternative lB, the site would be developed with
residential and commercial uses at a s lightly smaller scale than the proposed project, resulting in
negligible decreases in construction and operational emission; therefore, air quality impacts would
remain significant and unavoidable. Under the Proposed Project, construction and operation would
result in a s imilar level of air quality emissions; therefore, air quality impacts would remain significant
and unavoidable. Alternative 3 would result in a similar amount of residential development and a
greater amount of Neighborhood Commercial development in addition to development of a 120,000
square-foot Business Park, increasing vehicle trips to and from the site and associated vehicle mi les
traveled, resulting in greater amounts of air pollutant emissions; therefore resulting in greater significant
and unavoidable impacts .
3. S ig nifica nt and U navoid able N oi se Impacts. The MPA would result in significant and unavoidable
impacts to the noise environment from the generation of construction-related noise which could exceed
established noise standards periodically over the I 0-year construction period. Under Alternative 1 A ,
no devel opment would occur and the site would continue to support agiicultural uses and associated
activities which generate a minor amount of noise which would be consistent with the rural agricultural
nature of the surrounding vicinity; therefore, impacts from noise would be substantially reduced.
Alternative lB, the Proposed Project, and Alternative 3 would result in a similar degree of construction
activity on the project s ite. Development of the site under these alternatives would result i n similar
construction schedu les and associated noise-generated activities, and would therefore result in similar
significant and unavoidable impacts associated with temporary construction activity.
4 . S ig nifica nt and U nav oid able Tra n sporta tion Im pacts. The MPA would result in project-level and
cumulative transportation impacts associated with exceedances of capacity at the Buckley Road/SR
227 intersection. Under Alternative 1 A , no development would occur; therefore , the significant and
unavoidable transportation impacts would be avoided. A lternative lB would result in a similar number
of vehicle trips to and from the project site; therefore, this alternative would result in simi lar
transportation impacts that would remain significant and unavoidable. The P roposed Project would
include all mitigation measures identified in the EIR; however, this alternative would result in similar
s ignificant and unavoidable impacts to Buckley Road/SR 227 intersection. Therefore, impacts are less,
but are considered similar and remain s ignificant and unavoidab le. Alternative 3 would result in a
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greater amount of development and a substantia l numb er of estimated net n ew ADT which would
greatly increase the potential significant and unavoidable impacts of the project; therefore, impacts to
transportation under these alternatives would greater and would remain significant and unavoidable.
D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE AND FEASIBILITY OF
PROJECT AL T E RNATTVES
1. Finding: The original Proposed Project wou ld result in simi lar physical environmental impacts when
compared to the MP A. With a similar level of residential and commercial development, the original
P roposed Proj ect results in the same amount of disturbed area , resulting in similar physical impacts to
the environment. However, the original Proposed Project includes realignment of Tank Farm Creek
which would result in several significant impacts. The original Proposed Project would not reduce or
avoid any of the sign ificant and unavo id able impacts of the MPA; however, the original Proposed
Project would meet al l of the Project objectives. As a result, the City finds that the original Proposed
Proj ect is feasible, and would satisfy all of the Project objectives, but would result in greater
environm enta l impacts.
2. Finding: Alternative JA (No Development) is environmentally superior overall, since no d evelopment
would occur under the City jurisdiction. H owever, Alternative 1 A fai ls to meet the City's objectives
for the Project area as well as any of the Project objectives. As a result, the City finds that Alternative
l would be infeasible to impl ement.
3. Find in g: Alternative 1B (General Plan Development) would result in similar physical environmental
impacts when compared to the MP A. With a similar degree of residential and commercial development,
this alternative could have environmental effects but would l ikely resu lt in si milar significant a nd
unavoidab le impacts associated with construction and operational air quality emissions, construction-
related noise levels, and transportation and traffic. However, thi s a lternative would not fully meet the
objectives and goals of the Project. As a result, the City finds t hat Alternative 1B would not sati sfy the
Proj ect objectives.
4. Finding: A lternative 2 (Mitigated P roject Alternative) would re sult in simi lar physical environmental
impacts when compared to the originally proposed Proj ect. With a s imi lar level of residential and
commercial development, thi s alternat ive results in the same amount of d isturbed area , resulting in
s.imilar physical impacts to the environment. However, this alternative would include several
development features which would reduce or e liminate several significant impacts of t he Proj ect,
including impacts resulting from realignment of T ank Farm Creek under the proposed Project, as the
current alignment of Tank Farm Creek would remain in place under this alternative. Alternative 2 would
not reduce or avoid any of the s ignificant and unavoidable impacts of the proposed Proj ect; however,
Alternative 2 would meet all of the objectives of the Project and would reduce the degree of impacts
associated with biological resources, hydrology and water quality, transportation and traffic, and
utilities. As a result, the City finds that Alternative 2 is feasible , environmentally s uperior to the
proposed Project, and would satisfy all of the project objectives.
5. Finding: Alternative 3 (Residential Plus Business Park Land Use) would result in greater physical
environmenta l impacts when compared to the MP A. With a greater amount of Neighborhood
Commercial and Business Park development, this alternative results in a g reater amount of disturbed
area, resulting in greater physical impacts to the env ironment. H owever, this alternative would avoid
or reduce potentially significant impacts to hydrologic and biological resources by retaining much of
th e existing alignment of Tank Fann Creek. Alternative 3 would not reduce or avoid any of the
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significant and unavoidable impa cts of the project and would result in greater impacts to aesthetics and
visual resources, air qua lity, cultural re sources, hazards and hazardous material s, land use and planning,
noise, transportation and traffic, and utilities. Alternative 3 would meet all of the objectives of the
project and would reduce the degree of impacts associated w ith biological resources and hydrology and
water quality. As a result, tb e City finds that Alternative 3 is e nvironmentally superior to the P roject,
but is not environmentally superior to the MP A.
SECTION 9. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The Final EIR for the MP A id entifies the fo llowing s ignificant and unavoidable impacts of the MP A:
I. The MPA would resu lt in the irrevers ible conversion and loss of prime farmland soils which could
not be replaced or recreated.
2. The MPA, in addition to other cumulative projects w it hin the City , would result in the irreversible
loss of agricultural land and important agricultural soil s.
3. Construction of the MPA would exceed established SLO APCD Tier l Quarterly thresholds for
ROG , NOx, and DPM co nstruction veh icle exhaust.
4. Operation of the MP A would exceed established SLO APCD thresholds for operational ROG, NOx,
PM10, and DPM air pollutants.
5. The M P A would be inconsistent with the SLO APCD 200 1 Clean Air Pl an because it would result
in an increase in projected population growth, resulting in an increase in vehicle trips and vehicle
miles traveled, which would conflict with overall land use planning principles contained in the
200 1 Clean Air Plan.
6. The MP A is inconsistent with th e 200 l Clean Air Plan , which SLO APCD guidance states is a
cumulative air quality impact.
7. Temporary construction activity would create noi se that could exceed City of San Luis Obispo
Munkipal Code regulations, and mitigation may not be feasible to reduce the impact to less than
the applicable threshold.
8. The MP A would result in the generation of new vehicle t rip s which would contribute to exceedance
of storage capacity at the Buckley Road/SR 227 intersection during both th e AM and PM peak
hour. Mitigation is required to reduce the project contribution to exceedances at th is intersectio n .
However, Project traffic could be generated and result in exceedance of capacity at this intersection
prior to the planning or installation of necessary intersection improvements.
9. Un der Near-Term Cum ul ative conditions, the vo lume of traffic at the Buckley Road/SR 227
intersection would exceed storage capacities. Mitigation would reduce impacts the MP A
contribution to exceedances at this inte rsection. However, exceedances could occw· prior to the
p lanning or in sta llation of necessary intersection improvements and impacts would be significant
and unavoidable.
For projects which would re sult in significant environmental impacts that cannot be avoided, CEQA
requires that the lead agency balance the benefits of these projects against the unavoidable environmental
ri s ks in determining whether to approve the projects. If the benefits of these projects outweigh the
unavoidable impacts, those impacts may be considered acceptable (CEQA Guidel ines Section I 5093[a]).
CEQA requires that, before adopting such projects, the public agency adopt a Statement of Ove1Tiding
Considerations sett in g forth the reasons why the agency finds that the benefits of the project outweigh the
significant environmental effects caused by the project. T his statement is provided below.
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B. REQUIRED FINDINGS
Th e C ity has incorporated all feasib le miti gation measures into the Project. Although these measures will
lessen the unavoidable impacts li sted above, the measures will not fully avoid these impacts.
The City has also examined a reasonable range of alternatives to the project and has determined that
A lt ernative 2 (Mitigated Proj ect A lternative) is feas ible , environmentally s up erior, and would sati sfy the
all of the Project objectives to the same or greater extent as the original Proposed Project.
The MPA would reduce the effects of several of the significant impacts of the project, would achieve all of
the City's objectives for the project, and is considered feasible. The MP A is therefore considered to be
environmentally superi or to the Proposed Project. Alternative 3 would allow a greater amount of
development and physical environmental effects , resulting in greater impacts to aesthetics and visual
resources, air quality, cultural resources , hazards and hazardous materials, land use and planning, noise,
transportation and traffic, and utilities than Alternative 2. However, Alternative 3 would achieve the City's
objectives for the Project, including establishment of a "linked" community with a variety of housing
opportunities and a well-connected vehicl e, bicyclist, and pedestrian network, as well as a number of
amenities such as neighborhood parks and commerc ial goods and services that can serve the neighborhood.
Nevertheless, this alternative does not satisfy project objectives or mitigate potential impacts to the same
extent as Alternative 2.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the proposed
project against its unavoidabl e environmental risks. For the reasons spec ified below, the C ity finds that the
considerations below outweigh the proposed MP A's unavoidable environmenta l risks. The City further
finds t hat each of these findings is individually sufficient to suppott the approval of the MP A. A
determination that one of more of these findings is not s upported by substantial evidence sha ll not affect
the validity of the remaining findings.
J. Provision of new Residential and Commercial Uses. The MP A will develop a new residentia l
neighborhood that fulfills a portion of the City's unmet housing needs and that designates sufficient
land fo r neighborhood serving commercial uses and recreational opportunities to provide for the
convenience and enjoyment of a rea residents , consistent with City Genera l Plan Land Use E lement
Pol icies 3.3. l , and 8.1.6 and Airport Area Specific Plan policy 7.10. l.
2. Provision of a Variety of Housing T ypes for all Income Levels. T he MPA provides a variety of
housing types and costs to meet the needs of renters and buyers with a variety of income-levels,
including inclusionary affordable housing for residents w ith moderate , low, and very-low income
leve ls, consistent with Genera l Pl an Land Use Element Goal 2, Affordability.
3. Op en Space and Agricultural Protection: Implementation of the MPA would preserve approximately
27 acres of the site for inigated agriculture u nder the MP A, and a total of 55.3 acres of land as open-
space.
4. Protection and Restoration of Tank Farm Creek. The MPA will protect and restore sens1t1ve
biological resources within Tank Farm Creek, improving th e overall quality of this habitat over the long
term.
5. Provision of Park and R ecre ational Facilities. The MP A will provide a variety of park and
recreational facilities for residents of the City, such as parks, trail s, pathways and other recreational
facilities, and passive recreational opportunities within open space, both by constructing facilities on
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