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HomeMy WebLinkAbout03/03/1992, 2 - APPEAL OF ARC 89-80: 1673 LA VINEDA MARCH 3, 1992 HEARING ....EnNQ AGENDA DATE-9z ITEM = ►IIIIIIIIIIIhII►I�� ����plll► of sAn Wis oBispocity 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 28 February 1992 TO: City Council 0 VIA: Arnold Jona , Community Developmen Director FROM: Judith Lautner, Associate Planner , SUBJECT: Appeal of ARC 89-80: 1673 La Vineda March 3 , 1992 hearing The applicants/appellants for this project, along with interested citizens who are opposed to the appeal, feel that the project would be better heard at a later hearing, because discussion of the item ahead of it in the meeting is anticipated to be lengthy. The applicants, therefore, have agreed to removing this item from the March 3 meeting and placing it on the March 17 agenda. RECEIVEiD FEBB 1992 CITY CLERK SA^' LU'S OBISPO,CA COPnsro: ❑•Dmwtes Adion ❑ FYI RICAO ❑ FIN.Dix. R'ACAO ❑ F>RECHMP *OCALT fgEY ❑ FW Dix. IBJ QII.K/OFW. ❑ POLiCE Cii ❑ MCMI.TEAM ❑ FXC DIX ��IIIIIIIIIIAIIUIII "J f MEN I Z. �►����► ► InNuil ci o san �aIs oBIspo NNIZa COUNCIL AGENDA REPORT REM NUMBEF: FROM: Arnold Jonas, Community Development Director BY: Judith Lautner, Associate Planner" 4 SUBJECT: ARC 89-80: Appeal of Architectural Review Commission's (ARC) action approving,with one condition, a house on a sensitive site, on the southeasterly side of La Vineda, east of Johnson Avenue. CAO RECOMMENDATION Adopt a resolution denying the appeal, thereby upholding the ARC's action. Report-in-brief The project has a long history: A similar house was reviewed by the Community Development Director, the Architectural Review Commission, and the City Council. The Director approved the design as a "minor or incidental" project on September 12, 1989. This action was appealed by a neighbor. The appeal was heard by the ARC and denied on October 3, 1989. The action was appealed to the Council, and denied on November 14, 1989. The neighbor took the case to court, citing environmental concerns that were not properly.addressed in the review process. On October 18, 1990, the Superior Court judge set aside the Director's decision. The judge's decision was that proper environmental procedures were not followed by the City: the Director had declared the site "sensitive" based on environmental concerns, but the City had not made the proper findings to support the use of a categorical exemption instead of an environmental initial study. The applicant was required to file an application for environmental review. This was done in February 1991. With the assistance of a biologist hired by the City, an initial study was completed in May, and advertised in the newspaper. In response to the published notice, the City received a large number of letters objecting to the project as designed. (Copies of these letters are available in Council Office). A revised initial study was finally completed in October, which included a mitigation measure requiring a 20' setback from riparian vegetation. This requirement was based on finding cumulative impacts would result from continued lessening of the creek setback required by the administrative creek policy, where none of the listed lesser-setback criteria are met. Allowing a lesser setback than is normally required, in this case, may create a precedent that further erodes the administrative creek policy. The applicants did not agree to the mitigation measure requiring the 20' setback from riparian vegetation. The applicants returned to the ARC on November 4, 1991, asking for approval of virtually the same design as was presented to and approved by the ARC in 1989. The commission continued the request, with direction to pull the southeast house comer away from the creekside vegetation to provide as close to a 20-foot riparian setback as possible. The plans were revised, and now the closest part of the house is about ten feet from the edge of riparian habitat. The applicants requested approval by the ARC of this modified design, and concurrently asked the ARC to modify the mitigation measures required by the initial study. The ARC approved the house, with a condition that it be set back 20' from the edge of riparian habitat (as required by the approved mitigation), with revisions to be �������►�►►��IIIIIIIIIl�� 1°9IUI11 MY of San OBISPO = COUNCIL AGENDA REPORT ARC 89-80: 1673 La Vineda Page 2 approved by staff. The applicants appealed the decision because they do not want to comply with the condition. The appeal states that the portion of the house that is within the 20' setback is minor, the house is compatible with the neighborhood, and the previous design was approved (see letter of appeal). OTHER DEPARTMENT COMMENTS The Fire Department's comments are attached to the initial study. Other departments have no opinion on this request. FISCAL IMPACTS Either an approval or a denial of the appeal would have no fiscal impact on the city. ALTERNATIVES 1. The Council may uphold the appeal and grant a lesser setback than the required 20', either 10' as requested by the applicant, or another distance as determined appropriate, if the Council can find that no significant impacts will result from this action. Specifically, the Council will need to address the issue of cumulative impacts, as discussed in the initial study. In this case, staff recommends the Council continue consideration of the request, to allow staff to develop findings and mitigations consistent with Council direction. For this reason, staff has not provided a resolution approving the appeal with this report. 2. The request may be continued, with direction to staff or the applicant. RECOMMENDATION Adopt a resolution denying the appeal, thereby upholding the Architectural Review Commission's approval of the request with a condition requiring the 20' setback from the 1989 riparian line. Attached: RC report for February 3, 1992 (Dr4raft resolution Vicinity map initial study ARC Nov. 4, 1991 minutes ARC Feb. 3, 1992 draft minutes (kr+hWM1hg) Administrative creek policy Letters from citizens supporting 20' setback, received at 2/3/92 meeting Applicant's letter of appeal i Plans, packet of letters from citizens are available in Council Office for review. a -a RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING A HOUSE ON A SENSITIVE SITE, WITH A CONDITION REQUIRING THAT THE HOUSE BE SET BACK FARTHER FROM THE CREEK, AT 1673 LA VINEDA (ARC 89-80) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request for approval of a house as submitted (ARC 89-80) , the Architectural Review Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed building, as conditioned, mill not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 2 . The Community Development Director has determined that the proposed residence, as amended by mitigation, will not have a significant effect on the environment and has granted a negative declaration. The City Council hereby affirms this action. SECTION 2. Appeal denied. The appeal of the Architectural Review Commission's action is hereby denied, and the residence is approved subject to the following condition: * The house must be set back at least 20 ' from the 1989 riparian vegetation line. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1992. a -3 Resolution No. (1992 Series) ARC 89-80: 1673 La Vineda Mayor, Ron Dunin ATTEST: City Clerk Pam Voges APPROVED: City ni rat' Offi er 17Y B -- Community Devel p ent Director a - 4 CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION STAFF REPORT rrEm# BY: Judith Lautner, Associate Planner MEETING DATE: Feb. 3, 1992 FILE NUMBER: ARC 89-80 PROJECT ADDRESS: 1673 La Vineda SUBJECT: Review of a house on a sensitive site, on the southeasterly side of La Vineda, a cul- de-sac east of Johnson Avenue. SUMMARY RECOMMENDATION Continue with direction to revise plans to conform to a 20' setback from the riparian vegetation, or grant final approval with a condition that plans be revised to conform to the 20' setback. BACKGROUND Situation The proposed house has undergone review by the Community Development Director, the Architectural Review Commission, and the City Council. The Director approved the design as a "minor or incidental" project on September 12, 1989. This action was appealed by a neighbor. The appeal was heard by the ARC and denied on October 3, 1989. The action was appealed to the Council, and denied on November 14, 1989. The neighbor took the case to court, citing environmental concerns that were not properly addressed in the review process. On October 18, 1990, the Superior Court judge set aside the Director's decision. The judge's decision was that proper environmental procedures were not followed by the City: the Director had declared the site °sensitive" based on environmental concerns, but the City had not made the proper findings to support the use of a categorical exemption instead of an initial study. The applicant was required to file an application for environmental review. This was done in February 1991. With the assistance of a biologist hired by the City, an initial study was completed in May, and advertised in the newspaper. In response to the published notice, the City received a large number of letters objecting to the project as designed. A revised initial study was finally completed in October. The applicants returned to the ARC on November 4, 1991, asking for approval of virtually the same design as was presented to and approved by the ARC in 1989. The commission continued the request, with direction to pull the southeast house corner away from the creekside vegetation to provide as close to a 20-foot riparian setback as possible. The plans have been revised, and now the closest part of the house is about ten feet from the edge of riparian habitat. The applicants are asking for approval of this design, and concurrently are asking the ARC to modify the mitigation measures required by the initial study. _S ARC 89-80: 1673 La Vineda Page 2 Data summary Address: 1673 La Vineda Applicant/Property owners: Mac and Pat Short Representative: Steven D. Pults, AIA, & Associates (Brent Wiese) Zoning: R-1 General plan: Low-density Residential Environmental status: Negative declaration, with mitigation, granted by the Director on October 10, 1991 Site description The 20,460-square-foot site is irregularly shaped and slopes away from the street at approximately 15%. A tributary of Acacia Creek traverses the southerly portion of the site, which is lined with mature riparian vegetation. A 15-foot drainage and utilities easement also crosses the southerly boundary of the site in the same general area as the creek. Surrounding.land uses include new and recently-built single-family homes and vacant residential lots. The majority, if not all, homes on the southeasterly side of La Vineda and the northwesterly side of La Cita were built with 20' setbacks from the riparian vegetation, although at this time additional growth has occurred on some of those lots, making the existin6 setback smaller. Project description The applicants want to build a two-story, 2843-square-foot (including garage) home on the site. The house would be set back a minimum of 25' from the street property line, and ten feet from previously-existing riparian vegetation (see discussion below on vegetation removal). - EVALUATION 1. Environmental study. The primary issue in this case continues to be the nearness of the proposed house to the riparian vegetation. The City adopted a policy of requiring buffer areas between riparian vegetation and new building projects in 1989. In the present case, since the riparian vegetation is mature and healthy, and since surrounding houses have maintained a minimum 20' setback from the vegetation, the policy states that a 20' setback should be required. In 1989, the Director, the ARC, and the City Council (CC) all approved the siting of the house much closer than 20' from the vegetation. The approvals were based on a consideration.of the applicants' desire to have the primary living area on one level, the lesser roof height that would result from its being placed farther down the hill, and the project's compatibility with the neighborhood. The approvals were also based on the applicant's willingness to grant an open space easement to the City, which would restrict uses in the riparian area permanently. A neighbor challenged the approval process. The Superior Court judge ruled that the City had not followed proper procedures in processing this request. The judge's ruling was that the City determined that the site was "sensitive" for environmental reasons, and therefore it follows that either findings needed to be made to support a categorical exemption, or an initial study had to be completed. The judge did not rule on the appropriateness of the actions taken by the Director, ARC, or CC. In other words, he only considered the process, not the actions. ARC 89-80: 1673 La Vineda Page 3 The first initial study completed for this project (in May 1991) came to the conclusion that the house's siting near the creek would not have a significant effect on the environment. This determination is essentially the same as that made by the Director, ARC, and CC in approving the project in 1989. After publishing this determination, the City received several letters objecting to this conclusion. The letters came from various environmental groups and biologists, as well as local citizens. The gist of most of the objections was that the effect on the environment of siting this one house close to the creek was not significant in itself, but that it created a precedent: allowing this house to intrude in the 20' setback without sufficient hardship reasons may open the door to additional unjustified exceptions to the policy. (Copies of these letters are available to review in the Community Development Department.) The Community Development Department staff and Director, after consideration of these objections, came to the conclusion that an exception to the 20' policy would be inappropriate in this case, and the initial study was revised to reflect that conclusion. One of the mitigation measures required in the initial study is a requirement to set the house back at least 20' from the riparian vegetation line. The applicants are unwilling to sign a statement agreeing to this mitigation measure. They are asking the ARC to revise the initial study to conclude that the house may be sited closer to the creek, as shown on the plans. Staff recommends that the Commission - uphold the Director's action, requiring the 20' setback. However, if the Commission agrees with the applicants and wants to require a lesser setback, then staff recommends that an open space easement be required to be dedicated to the city, over that part of the lot below the 360' elevation. These alternative mitigation measures are listed under "Alternatives° near the end of this report. 2. Vegetation removal. In early 1990, the applicants removed vegetation along the outer edge of the riparian area, in compliance with a Fre Department request to reduce hazardous materials. The Director determined that riparian vegetation had been removed, in conflict with a tract condition that requires no removal of any riparian vegetation. The applicants were required to submit a revegetation plan and implement that plan. Because of the drought, the City has not required installation of replacement plants as of this time. However, because this additional vegetation did exist previously,the former vegetation line (10/89 survey) was considered the edge of the riparian habitat in determining the 20' setback, rather than the currently existing vegetation line, which is approximately_where vegetation was in May 1988. The two lines are shown on the site plan (sheet C-1). 3. What has changed? The designer has modified the house by pulling back the kitchen nook, shortening the width of the house on both sides, and moving it forward on the lot. These changes have resulted in a minimum ten foot setback from the riparian edge. The difficulties encountered by the designer, in modifying this house to increase the creek setback, were in maintaining an acceptable driveway slope, and staying within the required height and sideyard standards. It would be difficult to make further changes to this particular design. Another design could easily fit on the site and maintain the 20' setback from the 1989 riparian line. a-7 ARC 89-80: 1673 La Vineda Page 4 4. The house design. The house is to be stucco with a tile roof, similar to several others in the vicinity. Staff finds the general design acceptable and appropriate for the area. At the previous hearing, the Commission had no problems with design, colors, or materials. ALTERNATIVES * The ARC may grant final approval to the project as submitted. The Commission must make specific findings based on evidence that the closer setback is not a significant environmental impact, or require alternative mitigation measures that would reduce the impacts to less than significant. Staff recommends, in this case, that at least the following mitigation measures be imposed: a. To mitigate the effects of placing the building close to the riparian vegetation, the property owner shall grant to the city an easement covering the riparian area, for the purpose of protecting sensitive riparian habitat. Conditions of the easement shall include the following: , * No structures or solid fencing shall be placed on or within the easement area. * The general topography of the easement area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. * No removal of vegetation shall be allowed, except for fire protection or other hazards, or for the elimination of diseased growth as approved by the Community Development Director. * Any landscaping done within the easement shall be native species and to the approval of the Community Development Director. Monitoring: City staff will require the easement to be recorded prior to issuance of a building permit. * The Commission may grant final approval, with a condition that the house be set back a minimum of 20' from the 1989 riparian line. This action would allow staff to approve the final design. * The Commission may grant schematic approval, with direction on items to return for final review. This action, which "locks in" the building footprint on the lot, would require changing the initial study also, as noted under the "final approval" alternative above. * The Commission may continue the project, with direction to revise plans to meet the 20' setback. This action would likely result in a different design for the house. * The Commission may deny the project, if it finds it is inconsistent with the City's adopted architectural guidelines or other City policies. Staff recommends the Commission take this action if the applicants are not willing to change the design to conform with the 20' setback from the riparian habitat line. a-s ARC 89-80: 1673 La vneda Page 5 RECOMMENDATION The applicants have made significant efforts to enlarge the setback from the riparian habitat line, and have achieved half of that required by the initial study. While staff is sympathetic to the applicants' desire to retain the building design as much as possible, we feel the potential for setting a precedent in conflict with the City's goals for creeks is significant. Therefore, staff recommends the Commission continue the project, with direction to revise the project to conform with the 20' setback required by the initial study. Staff would also support final approval, with a condition that the house be redesigned to achieve a 20' setback from the riparian line. attached: vicinity map initial study minutes of November 4, 1991 ARC meeting administrative creek policy • ID % t \ ,,,• • 4~ � I v O O Ch • :{:•t?;5=L4:� ::ti y;..:{:};iiILI i:. h 6 •'� '1 , r.:i':i '' yjam�,,� t 1 \' titer N� Y� 11 � a 71• t. V O J r • I • J4 \ s, ?.�.1 r �• O 00 \ s be • 1 v ' • r. O • O �_w5 r.0 •• p / 'S � \ w` b • p n I ISO w • n+ O 6 c - `• 't �.tee' o .��e•3+ � e � \ • 1 • • ' • - O• C • � I o • • (1 o O s• v. tet, 1 � _ O .--, . . � t • \/ t l 1 O city of San lugs OBISpo INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 1673 La Vineda APPLICATION NO.6-91 PROJECT DESCRIPTION Construction of a single-family house on a 20, 460-square- foot sensitive site. The site slopes downward from the street to a creek, which is lined with mature riparian vegetation. APPLICANT Mike Hernandez STAFF RECOMMENDATION: X NEGATIVE DECLARATION X MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REOUIRED PREPARED BY Judith Lautner, Associate Planner DATE Oct 2 , 1991 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: n C� DATE CLE SUMMARY OF INITIAL STUDY FINDINGS 1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING 11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS .................................................... NONE* NONE B. POPULATION DISTRIBUTION AND GROWTH .......................................... C. LAND USE ....................................................................... NONE D. TRANSPORTATION AND CIRCULATION .............................................. NONE E. PUBLIC SERVICES ................................................................ NONE F. UTILITIES........................................................................ NONE G. NOISE LEVELS ....................................... NONE ....................... .. H. GEOLOGIC&SEISMIC HAZARDS 3 TOPOGRAPHIC MODIFICATIONS .:.................. NONE L AIR QUAL1 Y AND WIND CONDITIONS................................................ NONE J. SURFACE WATER FLOW AND OUALITY .......... NONE K PLANT LIFE...................................................................... YES* L ANIMAL LIFE....................................................... YES* M. ARCHAEOLOGICALIHISTORICAL ................................................... NONE N. AESTHETIC ......................................................................... * O. ENERGY/RESOURCE USE .......... NONE* P. OTHER ............................................................. NONE 111.STAFF RECOMMENDATION NEGATIVE DECLARATION, WITH MITIGATION 'SEE ATTACHED REPORT seas ENVIRONMENTAL INITIAL STUDY ER 6-91 1673 La Vineda PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING The applicants want to build a 3 , 191-square-foot (including garage) two-story house on a large, sloping Site. The house is to be placed about 30 ' from the street property line, and at the rear ranges from about one foot to about 36 ' from the dripline of riparian vegetation that existed in November 1989, the point at which vegetation growth had reached its highest point. (After November 1989 , some of the vegetation was removed, as explained below. ) The 20, 460-square-foot site is irregularly shaped and slopes down from the street at approximately 15%. A tributary of Acacia Creek crosses the southerly portion of the site, which is lined with mature riparian vegetation, mostly willows, but also live oaks. A 15 foot drainage and utilities easement also crosses the southerly boundary of the site approximately parall€l'to the creek. Surrounding land uses include recently built single-family homes and vacant residential lots. POTENTIAL IMPACTS Community plans and goals J Land use element - Hillside standards: The general plan land use element (LUE) includes a section on hillside development ("Hillside Planning Policies and Standards" - Section D of the LUE) . Included in this section are "hillside standards" - standards for building on hillside .lots. The proposed house is on a sloping lot. However, it is not a "hillside lot" as defined by the land use element. The LUE (Section D.2) says: THE LAND USE AND DEVELOPMENT STANDARDS PRESENTED IN THIS SECTION ARE APPLICABLE TO THE AREAS IDENTIFIED IN THE HILLSIDE PLANNING PROGRAM (SEE MAP sl) . ALL SPECIFIC PLANS, SUBDIVISION MAPS, ANNEXATION APPLICATIONS OR DEVELOPMENT PROPOSALS WITHIN THESE AREAS MUST BE CONSISTENT WITH THESE PROVISIONS. The project site is not within the Hillside Planning Program areas, as shown on Map fl in the LUE. Therefore, the hillside standards do not apply to this project. Conclusion: Not applicable, therefore not significant. General plan safety element: The safety element addresses potential dangers from fire, flooding, earthquakes, and other natural and man-made hazards. Policy 2 . 0 says: 07s1A ER 6-91; . 1673 La Vineda Page 2 ENSURE THAT NEW DEVELOPMENT WITHIN THE CITY' S PLANNING AREA IS DESIGNED TO WITHSTAND THE EFFECTS OF NATURAL AND MAN-CAUSED HAZARDS TO ACCEPTABLE LEVELS OF RISK, AND IS DESIGNED TO AID EMERGENCY RESPONSE. Flooding: A portion of the site is in a "B" flood zone. The flood zone includes the creek and extends to approximately the edge of the riparian vegetation as it existed in November 1989. The B zone includes those areas between limits of 100 year flooding and 500 year flooding, and areas of 100 -year flooding where depths are less than one foot. Projects within this zone must be designed so that finish floor elevations are above the .100 year flooding elevation. The project is designed to be outside the flood zone entirely. Conclusion: Not significant. Fire hazards: The project is designed to be as close as one foot from the riparian vegetation. If vegetation dries out in dry years, it may serve as fuel in fires coming from nearby hillsides or originating within the vegetated area. The open creek corridor represents a path for a fire to follow, if it should become dry. According to the Fire Department, the vegetation within the riparian area is green most of the year. Dead wood and grasses represent the primary source of fuel. The Fire Department finds the proposed location of the house acceptable from a fire safety standpoint, as long as seasonal grasses are cut every year, in accordance with weed abatement provisions .in the Municipal Code. The attached -memorandum from the Fire Department confirms this position. Conclusion: Not significant. Administrative creek policy/Cumulative impacts: The city is guided by a written policy on development near creeks. This policy says that "new structures, including parking lots, should generally be set back at least 20 feet from the top of bank. " Further, the policy says that greater setbacks may be required in certain situations, including "if significant riparian vegetation extends beyond the 20-foot line. " The top of bank, in the present case, is not readily defined. According to the administrative policy, "TOP OF BANK" MEANS THE PHYSICAL TOP OF BANK (IE: WHERE THE MORE STEEPLY ERODED BANK BEGINS TO FLATTEN TO CONFORM WITH THE TERRAIN NOT CUT BY THE WATER FLOW) . IF THE BANK IS TERRACED, THE HIGHEST STEP IS THE TOP OF BANK, NOT ANY INTERMEDIATE STEP. (IN SOME CASES, THE TOP OF BANK WILL NOT BE APPARENT; THE DIRECTOR, PRINCIPAL PLANNER OR LONG- RANGE PLANNER SHOULD BE CONSULTED TO HELP DETERMINE A REASONABLE LINE, ER 6-91; 1673 La Vineda Page 3 CONSIDERING SUCH VARIABLES AS THE TOP OF BANK ON THE OTHER SIDE OF THE CREEK THE EXTENT OF RIPARIAN VEGETATION AND THE 100-YEAR FLOOD LINE. ) In the present case, the obvious channel is a narrow ditch approximately in the center of the vegetation. However, this ditch carries only a small portion of flood waters. The land slopes fairly evenly from the ditch to the sidewalk. Therefore, no steep bank is present. The top of bank has therefore been determined by flooding characteristics, to coincide with the vegetation line shown on the November 1989 survey discussed above. The proposed house sits about one foot from the defined top of bank, at its closest point (the upper level nook) . Therefore, its location is not consistent with the 20 ' setback guideline. The guidelines say that a lesser setback may be acceptable if 1. the channel is minor and is not judged to be a significant riparian corridor or likely to be part of the urban trails system; 2 . the lot is small, and reasonable development without some exception is impossible; 3 . the lot is a small infill site where a clear pattern of ' lesser setbacks has been established on both sides of the lot along the creek. The California Department of Fish and Game (DFG) has found that the corridor is significant. The lot is large, and the house can be redesigned to meet the administrative policy ' s 20 ' setback standard. A clear pattern of 20 ' setbacks has been established, at least within this subdivision. Therefore, none of these criteria are net. Reductions in setback to 10 ' have been allowed at other creek locations in the city where similar vegetative characteristics exist, but criteria noted above have been present. However, the guidelines are prefaced with: THE FOLLOWING ARE GUIDELINES, NOT STRICT STANDARDS, AND MAY BE DEPARTED FROM WHEN THE PLANNER, WITH THE DIRECTOR' S CONCURRENCE, JUDGES THAT THE INTENT CAN BE MET THROUGH ALTERNATIVE APPROACHES. The alternative in this case is the placement of the house as close as one foot from the riparian vegetaion, plus dedication of an easement over the riparian vegetation and creek, coupled with an existing tract condition that prohibits removal of any riparian vegetation. The easement would extend from the 360 ' elevation (the elevation of the riparian vegetation closest to the proposed house location in 1989) to the rear of the lot. In a review of an identical project on this site in 1990, the Architectural Review Commission and City Council determined that this alternative is ER 6-91; • 1673 La Vineda Page 4 acceptable, in that it provides sufficient protection of the riparian habitat, and allows the applicants to build the one-story design of their choice. Conclusion: May be significant. Recommended mitigation: 1. The building shall be setback 20 ' from the top of bank, which has been determined to be the drip line of vegetation as surveyed in 1989. Monitoring: Building plans will be checked for compliance with this measure. Plant and animal life Background: Riparian vegetation has covered about half of the site. This vegetation serves as cover, nesting areas, and food for many small animals and birds. A condition of approval of the subdivision that created this lot says that no riparian vegetation may be removed. The permit applicant removed an unspecified amount of vegetation within the riparian area , in July 1990. The Community Development Director required remedial action, including preparation of a landscape plan for rehabilitation of the vegetated area. For purposes of this report, therefore, the edge of existing vegetation is considered to be that which was existing prior to removal by the applicant. This edge is defined on a topographic map prepared by General Engineering Company, showing the brush line as of 11-10-89 . Value of riparian habitat: The riparian vegetation is healthy and green virtually year-round. Vegetati.on extends from about 20 ' to about 75 ' from the center of the channel , towards the proposed residence. This dense cover provides protection for a wide range of species, especially birds, but also including riparian amphibians. Among the species that have been seen in the vicinity are the Western Pond Turtle and the Red Legged Frog, both of which are included on the California Department of Fish and Game ' s list of "Species of Special Concern" . They are also candidate species for threatened or endangered status. The creek channel is an open corridor for most of its length, from its beginnings in the foothills to where it flows into the east ER 6-91; ' 1673 La Vineda Page 5 fork of San Luis Obispo Creek. Open creek channels serve as transportation corridors for birds and small animals, many of which will not venture far (if at all) from the protection of the foliage. Since this one is open, it therefore has significant habitat value. Potential impacts: Temuorary: Construction activities are expected to have some effect on wildlife in the area. People and possibly domestic animals may intrude into the riparian area, disrupting feeding, mating or nesting behavior. Because the house is planned to be located as close as one foot from the defined edge of riparian vegetation (although actually five to seven feet from currently- existing vegetation) , construction activities are likely to damage this vegetation, and waste materials may be thrown into it, subsequently affecting those animals that use . it. The heavy vegetative cover currently provides protection from intruders, and serves as part of a valuable wildlife corridor. To maintain this protection, the vegetation needs to be retained, and people and domestic animals should be discouraged from entering the area. The degree of damage to the habitat cannot be predicted. • Conclusion: May be significant. Recommended mitigation: 2. To preclude any activity within the riparian area, temporary fencing at the 360-foot elevation shall be installed prior to the start of construction, and shall remain throughout the construction period. Monitoring: City inspection staff will require the contractor to stake the 360 ' elevation prior to installation of the fence. City inspection staff will confirm that the location is correct, and that the fencing remains in place until occupancy is granted for the residence. Permanent: The construction of a house on the lot will introduce greater numbers of persons and domestic animals to the site. The location of the house close to the riparian area will make it easy for residents and guests to intrude into that area, or to observe it from the balconies and kitchen nook. The use of the balconies and nook by human observers will especially affect birds who use the outer fringes of the habitat, causing them to fly further inward or away from the site altogether, while humans and domestic animals entering the creek area on foot will affect animals and birds foraging, resting, or protecting young near the ground. However, because the creek is already lined by housing on both a-40 • ER 6-91; ' 1673 La Vineda Page 6 sides, the remaining wildlife is expected to be forms that have adjusted to human intrusion: those that are adept at hiding from people during the day (and are active at night) , those that can move easily to a more secluded riparian area, and those that can escape through the trees and shrubs. A wildlife biologist (Michael Hanson, Ph.D. ) reviewed the plans and a draft initial study, and concluded that the intrusion of the house into the .normally-required 20' setback would not create a significant biological impact in this specific case. In his comments made after reviewing letters from other biologists, environmental groups, and citizens, Dr. Hanson reiterated his conclusion that any harm to come to wildlife in this urban area has already been done by the construction of housing in the vicinity. However, Dr. Hanson also noted that the 20 ' setback is "a good idea" in general. (Comments attached. ) Other biologists have reviewed the plans and have recommended that the 201setback be required in this case. These biologists say that 20 ' buffers have been required of other homes built in this subdivision, and to maintain the corridor as it now exists requires . that this house be set back at least 20 ' also. They also state concerns with cumulative impacts - that allowing a home to be built close to the vegetation, where there are no hardship factors, is setting a precedent for other development in the future along creeks. The DFG has also raised concerns with the gradual elimination of wetlands and surrounding buffer zones throughout California, and recommend that buffers be required in all cases where they can reasonably be net. (Comments received from DFG and other biologists are on file in the Community Development Department and available for review. ) In spite of a subdivision condition prohibiting removal of riparian vegetation, some owners of lots in this subdivision have removed many riparian plants. The degree to which the habitat value in this case is degraded depends on the sensitivity with which it is treated by the residents and guests. Conclusion: May be significant. Recommended mitigation: Same as no. 1, above. Aesthetic• View blockage: The proposed house would not affect views of the Santa Lucia hills to the east, from La Vineda or other public vista, although it would likely block views of these hills from the east windows of the house at 1655 La Vineda. If the house is redesigned to incorporate a 20 ' setback, then it will be located ER 6-91; ' 1673 La Vineda Page 7 farther up the hill and therefore will be higher in elevation. Somewhat greater view blockage for neighbors would occur, but views from public vistas will not be significantly affected. Public views of the riparian area on the south side of the lot will be blocked by any house built on the site. Although attractive, this corridor is not considered a significant scenic public resource. Conclusion: Less than significant. Compatibility with neighborhood: The house design is similar to others in this block and nearby. Since the subdivision is recent, all homes on the block were built after 1985, and reflect current trends and styles. The proposed house style is compatible. The primary difference between this house and ..others in the neighborhood is its location on the lot. All. other .homes on this side of the street are set back approximately 20 ' from the street property line, while the proposed house is to be set back 301 . If the house is redesigned to incorporate the 20 ' buffer from the creek vegetation, then it will be located closer to the street and therefore more consistent with neighboring homes. However, it is not unusual to have homes set back at varying distances from the • street. Whether it is set back twenty or thirty feet, it will be compatible. Conclusion: Less than significant. Effect on significant visual features: Construction of the house could alter or degrade a significant visual feature - the riparian area. Conclusion: May be significant. Recommended mitigation: Same as number 1, above. Enemy/resource use: Water: - The city is currently in a drought situation, and has adopted an ordinance to control water use, both in existing projects and in new development. The ordinance ensures that no projects are built that worsen the load on the city ' s water supply. The regulations will also limit issuance of building permits after the drought period is passed, and are expected to mitigate water- use impacts at that time. Water use at the site is expected to increase as a result of this request. The average water use for a single-family residence on a lot larger than .25 acre is 0. 75 acre-feet. With a recorded easement, which limits irrigated planting areas to 3 , 000 square feet or less, the average annual usage can be reduced to 0. 56 acre- ' ER 6-91; 1673 La Vineda Page 8 feet. The larger number represents about . 01% of the city's "safe annual yield" - the amount of water that can be drawn from reservoirs yearly, during years equal to the severest drought on record, without running out. Conclusion: Less than significant: the city's water regulations will reduce impacts. Other impacts: The project is not expected to have significant impacts on any other aspect of the environment. RECOMMENDATION: Grant a negative declaration of environmental impact, with the following: Mitigation measures: . 1. The building shall be set back 20' from the top of bank, which has been determined to be the drip line of vegetation as surveyed in 1989 . Monitorina: Plan checks will verify the location of the house on the lot. 2 . To preclude any activity within the riparian area, temporary fencing at the 360-foot elevation shall be installed prior to the start of construction, and shall remain throughout the construction period. Monitoring: city inspection staff will require the contractor to stake the 360' elevation prior to installation of the fence. city inspection staff will confirm that the location is correct and that the fencing remains in place until occupancy is granted for the residence. Attachments: Fire Department memo - June 26, 1991 Reviews of draft initial study er 6-91, by Michael T. Hanson, wildlife biologist a-i 9 t^IJI s/17ll1k,1J 2995 MaNi&n Ave.,Suite 196 P.O.Bax 15359 San Luis Obispo,G 93406 805/541.1858 FAX.541-5724 May 10, 1991 MAY 14 199'. Sa.,Luw OCn. City of San .Luis Obispo Fire Department - - 748 Pismo Street San Luis Obispo, CA 93401 Attn: Carrie Bassford Re: Weed Abatement 1673 La Vineda San Luis Obispo, CA 93401 APN: 003 ,771,002 Project Environmental Study 16-91 Dear Carrie: We are in receipt of your notice dated May 10, 1991 giving us ten days in which to clear weeds and/or debris from the above referenced property. On April 22, 1991 , in anticipation of this notice, I sent a letter to you requesting some coordination and cooperation from your department and from the Planning Department regarding the riparian vegetation and how it affects the clearing of the vacant property. I have not heard from your department other than this standard notice to clear weeds. While this may seem extreme, this project has already been through the court system and so we are extremely careful regarding any activity on the property. We would appreciate your cooperation in this matter. I will contact your office to set up an appointment with one of your representatives in the field. Again, thank you for your cooperation. Sincerely, an e Ramsay /jr CC:. Judy Lautner Project Planner wh a-ao ,-ttl:tiv�_ MAY 0 61991 City o1 Sen Lum Obr Review of Environmental Initial Study ER 6-91 1673 La Vineda by Michael T. Hanson, Wildlife Biologist Department of Biological Sciences San Luis Obispo, CA 93407 a�ai A- recommendation that the deck be setback 10 feet was suggested. I believe the plans currently have a setback of 4 feet. To me it seems that the additional setback would not be that significant, that as much disturbance would occur at either distance. Therefore, it seems unnecessary to alter this part of the original plans of the house. I would concur that the windows of the kitchen nook be of a glass that allows people to see out but limits the view into the room. This would prevent birds from mistakenly flying into the window and would reduce their disturbance by activity in the house. I would agree with the easement conditions. Solid fencing would tend to isolate the riparian zone from the adjacent yard, reducing the value of the riparian zone (also seems like it would reduce the value of the yard). The fence would in essence block out the edge effect of the riparian zone, a primary facto_ r that makes this habitat so valuable to wildlife. Topography and riparian vegetation should be preserved. A short distance toward Johnson Avenue a section of the riparian zone has been replaced with a row of pine trees. For most practicable purposes, that section of the riparian zone has been destroyed. No grading or removal of vegetation, except as permitted by the Community Development Director, should be allowed. Landscaping within the easement should be of species native to that riparian zone to maintain and protect its current integrity. 47-CIA on City Of San IU1S OBISPO a INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION 1673 La Vineda APPLICATIONNO. 6-91 PROJECT DESCRIPTION Construction of a single-family house on a 20,460-square- foot sensitive site. The site slopes downward from the street to a creek, which is lined with mature riparian vegetation. APPLICANT Mike Hernandez STAFF RECOMMENDATION: X NEGATIVE DECLARATION X MITIGATION INCLUDED EXPANDED INITIAL STUDY REOUIRED E VIRONMENTAL IMPACT REPORT REQUIRED PREPAREDBY Judith Lautner, Ass ciate Planneiv DATE Apr. 19, 1991 COMMUNITY DEVELOPMENT DIRECTOR'S ACTON: I GATE kL.. 26 193 SUMMARY OF INITIAL STUDY FINDINGS 1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING 11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................................... NONE B. POPULATION DISTRIBUTION AND GROWTH.......................................... NONE NONE C. LAND USE ....................................................................... D. TRANSPORTATION AND CIRCULATION ............................................... NONE E. PUBLIC SERVICES ....................... NONE NONE F. UTILITIES........................................................................ G. NOISE LEVELS ............................................................. ... NONE H. GEOLOGICA SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ..................... NONE I. AIR OUALITYANDWINDCONDITIONS............................................... NONE J. SURFACE WATER FLOW AND OUALITY .............................................. NONE K PLANT LIFE...................................................................... YES* L ANIMAL LIFE..................................................................... S* M. ARCHAEOLOGICALIHISTORICAL ................................................... NONE N. AESTHETIC ...................................................................... YES* O. ENERGY/RESOURCE USE ......................................................... NONE* P. OTHER ........................................................................... NONE III.STAFF RECOMMENDATION NEGATIVE DECLARATION, WITH MITIGATION a 73 -SEE ATTACHED REPORT seas ENVIRONMENTAL INITIAL STUDY ER 6-91 1673 La Vineda PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING The applicants want to build a 3191-square-foot (including garage) two-story house on a large, sloping site. The house is to be placed about 30' from the street property line, and ranges from about 3 ' to about 36' from the dripline of riparian vegetation that existed in November 1989, the point at which vegetation growth had reached its highest point. (After November 1989, some of the vegetation was removed, as explained below. ) The 20,460 square foot site is irregularly shaped and slopes down from the street at approximately 15%. A minor creek tributary crosses the southerly portion of the site, which is lined with mature riparian vegetation, mostly willows, but also live oaks. A 15 foot drainage and utilities easement also crosses the southerly boundary of the site approximately parallel to the creek. Surrounding land uses include recently built sin47:e-family homes and vacant residential lots. POTENTIAL IMPACTS Plant and animal life J Background: Riparian vegetation has covered about half of the site. This vegetation serves as cover, nesting areas, and food for many small animals and birds. A condition of approval of the subdivision that created this lot says that no riparian vegetation may be removed. The permit applicant removed an .unspecified amount of vegetation within the riparian area, in July 1990. The Community Development Director required remedial action, including preparation of a landscape plan for rehabilitation of the vegetated area. For purposes of this report, therefore, the edge of existing vegetation is considered to be that which was existing prior to removal by the applicant. This edge is defined on a topographic map prepared by General Engineering Company, showing the brush line as of 11-10-89. Potential impacts: Temporary: Construction activities are expected to have some effect on wildlife in the area. People and possibly domestic animals may intrude into the, riparian area, disrupting feeding, mating or nesting behavior. Because the house is to be located as close as three feet from the riparian vegetation, construction activities are likely to damage this vegetation, subsequently ER 6-91; 1673 La Vineda Page 2 affecting those animals that use it. The heavy vegetative cover currently provides protection from intruders, and serves as part of a valuable wildlife corridor. To maintain this protection, the vegetation needs to be retained, and people and domestic animals should be discouraged from entering the area. The degree of damage to the habitat cannot be predicted. conclusion: May be significant. Recommended mitigation: 1. Temporary fencing at the November 1989 dripline, as defined on plans prepared by Tom Baumberger and available in the Community Development Department, shall be installed prior to the start of construction, and shall remain throughout the construction.. period. Permanent: The construction of a house on the lot will introduce greater numbers of persons and domestic animals to the site. The location of the house close to the riparian area will make it easy - for residents and guests to intrude into that area, or to observe it from the balconies and kitchen nook. The use of the balconies and nook by human observers will especially affect birds who use the outer fringes of the habitat, causing them to fly further inward or away from the site altogether, while humans and domestic animals entering the creek area on foot will affect animals and birds foraging, resting, or protecting young near the ground. In spite of a subdivision condition prohibiting removal of riparian vegetation, some owners of lots in this subdivision have removed many riparian plants. The degree to which the habitat value in this case is degraded depends on the sensitivity with which it is treated by the residents and guests. conclusion: May be significant. Recommended mitigation: - 2." To avoid disturbing animals and birds near the edge of the riparian area, the nearest balcony (the balcony off the family room) shall be set back a minimum of ten feet, and the windows in the kitchen nook shall be of a material that allows persons to see out but limits views into the room. 3 . To mitigate the effects of placing the building close to the riparian vegetation, the property owner shall grant to the city an easement covering the riparian area, for the purpose of protecting sensitive riparian habitat. Conditions of the easement shall include the following: a-ate ER 6-91;% 1673 La Vineda Page 3 * No structures or solid fencing shall be placed on or within the premises. * No advertising of any kind shall be located within the easement area. * The general topography of the easement area shall be preserved - substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. * No removal of vegetation shall be allowed, except for fire protection or other hazards, or for the elimination of diseased growth as approved by the Community Development Director. * Any landscaping done within the easement shall be native species and to the approval- of the Community Development Director. Aesthetic: View blockage: The proposed house would not affect views of the Santa Lucia hills to the east, from La Vineda or other public vista, although it would likely block views of these hills from the east windows of the house at 1655 La Vineda. Conclusion: Less than significant. Compatibility with neighborhood: The house design is similar to others in this block and nearby. Since the subdivision is recent, all homes on the block were built after 1985, and reflect current trends and styles. The proposed house is compatible. Conclusion: Less than significant. Effect on significant visual features: Construction of the house could alter or degrade a significant visual feature - the riparian area. Conclusion: May be significant. Recommended mitigation: Same as numbers 2 and 3, above. Energy/resource use: The city is currently in a drought situation, and has adopted an ordinance to control water use, both in existing projects and in new development. The ordinance ensures that no projects are built .that worsen the load on the city' s water supply. The regulations c7%7 ER 6-91;• 1673 La Vineda Page 4 . will also limit issuance of building permits after the drought period is passed, and are expected to mitigate water-use impacts at that time. Water use at the site is expected to increase as a result of this request. The average water use for a single-family residence on a lot larger than .25 acre is 0.75 acre-feet. With a recorded easement, limiting irrigated planting areas to 3, 000 square feet or less, the average annual usage can be reduced to 0.56 acre- feet. The larger number represents about . 01% of the city's "safe annual yield" - the amount of water that can be drawn from reservoirs yearly, during years equal to the severest drought on record, without running out. Conclusion: Less than significant: the city' s water regulations will reduce impacts. Other impacts: The project is not expected to have significant impacts on any other aspect of the environment. RECOMMENDATION: Grant a negative declaration of environmental impact, with the following: mitigation measures: 1. Temporary fencing at the November 1989 dripline, as defined on plans prepared by Tom Baumberger and available in the Community Development Department, shall be installed prior to the start of construction, and shall remain .throughout the construction period. 2. To avoid disturbing animals and birds near the edge of the riparian area, the nearest balcony (the balcony off the family room) shall-be set back a minimum of ten feet, and the windows in the kitchen nook shall be of a material that allows persons to- see out but limits views into the room. 3 . To mitigate the effects of placing the building close to the riparian vegetation, the property owner shall grant to the city an easement covering the riparian area, for the purpose of protecting sensitive riparian habitat. Conditions of the easement shall include the following: * . No structures or solid fencing shall be placed on or within the premises. No advertising of any kind shall be located within a-a� ER 6-91; • 1673 La Vineda Page 5 the easement area. * The general topography of the easement area shall be preserved substantially in its existing condition. No grading shall be allowed except as permitted by the Community Development Director. * No removal of vegetation shall be allowed, except for fire protection or other hazards, or for the elimination of diseased growth as approved by the Community Development Director. * Any landscaping done within the easement shall be native species and to the approval of the Community Development Director. ---Judith•Lautner-- _ . ;•- 1.7_JuiY`195 Co+imunity DeVel=ent Dzpartrrient --- _------- City of pan Luis Obispo, CA 93403 Dear Ns. Lautner, _ 1 have read most of the comments relative to the house proposed for 573 La Vineda and its possible impact to the riparian zone of Acacia Cr.-k. y1l v` -to'-,,7-se,.ri.Js�.� o rn.m coents I wish to address three main issues. i. Destruction of riparian zone: Some of the comments. seem to address the "destruction" of the riparian zone. As far as I understand, none of the r;n-ari?'� ;Ma is to be removed or ?�y of its vegetation tal:en o;it bemuse r,-^ the oevel^^ 'tall so most of F G com, m*I11'7 seen', LV Ve jrriM al"e IGI \V l~V I YVI .JJ VCi J. 1 i•t ya IQIIVGw�er 1.Jiu 1 yl�l VlYIC ✓VIII. •V V\I Ci LQllrlf :i V 1 ~• J �rC Gi:: iy Gl l wl; , rl iVl.l„ Lc I GJ1�%I eU. 2. Disturbance to wildlife: Currently Acacia Creek is surrounded by houses. It is difficult for me to see how this last house will be so critical to the amour!t of diS.tumar)ce to tha: which wildlife is already subjected. People and ? r Dets of tshe n uses vreSent requiarly conduct ac iviii?S in t"_ir r:Gi� '�Qr'vC �11C rtVV.CieJ JVYY e i� .:G II�V UiSil�r1CC.: Q'r�aGv JI nay I�Qr•.iry ��•�. i •:� `. ber. ..ra P h.ja. /r',y �... r.i 1 �' .G ^:rn'C'r..-.. i`..✓� •: ✓ y��i:r IIa ua r1.r. lily \�i l!L lel.` �!.II 11 1\r Q:1� '{lr. n .'' .i. •1'•.L`n. n......y- •M.✓�. . .. W, -ay r '.Y! \.. A .v�: i. .. r'J '.!'✓ ✓V. C r .lh 14. i I l v. �l. . .. rl .�i:l .l)j 1 1. 'i 7. .. f•I/ :3 �I l% r:�:i6 ��..n'.'1--. r vv' �i ?• .? `t .:�`:? f..IILy . 1 r.�•�., r.,+ y'vn V�rv/ +.`�: r.n' Q/1lYr lnn 1'I, �l/1 i rv,; rvr�./ Ir!e wriote creek. i rle recommendation to nave winoowS Ihat ei t �eG�ie :C See out but iimits the view into the room should D2 interveted to be tinted az-B, nG: one way glass or r')irrorS Iriv var., ;S ?O1�iDDry wain tinieG _I:SS "Gil0i4' :120G:e :rtSi(ie ule �G" t Sia "'2�1iV wh - G -n� -n-:o :�-c V - WZ! .. I^.1c v :li f'.�.� �.��. •'. .. r�r. 1 1.1_ ^'.-�.�� 1J,;11�11ra.t!=.=G y:r.=•..V p.-!�o-,I•v .a.r.v ,�,:�r11^hirer. ., iii:l N).f l"111 r.armla Z 'IvVd r. (Clift ti� JUL 1 S 1991 Cg61SWLMOfto- a-a 9 .._f:��Ln�'Y=�:6s r_r�--�.:1-:.e?s;:r--- _...r....,�..'--_''-=_`.-=`Y`'•..r..,....�.:. _ a - _ . .- .. _ rs-.arc.,_.TZ,. 3_.. Vioiation of 20-foot setback. The 2G foot setback is a good policy and should be adhered to whenever possible. if other houses previously built had to abide by the 20-11'oot policy, then it seems only fair that new houses, whenever possible, should do likewise. i am not an expert on buildings and their sites-so whether this house could abide by this policy would have to be determined by those more qua,;fied man 1. My comMents adcressed ne issue of disturbance to wildlife if the proposed planS re followed. C74 Michael T. anson, ildlife Biologist Department of Biological Sciences California polytechnic State University San Luis Ga,spo, CA 934,0,7 a-3o ARC Minutes November 4, 1991 Page 2 of concern included paving, lighting, wall details, storage space for the ar water heater, play equipment, benches, garage doors, and balustrades. Steve Puglisi explained that utility meters would be screene hind covered doors. Chairman Underwood requested a colored rendered made showing detailed planting and paving for a typical unit and to also show ligh . g, signage, playlots, and retaining walls. Commr. Cooper moved to grant final a oval subject to directory signs at main project entries; weather protection for the p gola; vegetable garden paths; manufacturer's product information on site light' , retaining/noise wall materials and design, garage doors, statuary, benches and itecrural masks and other details; historical marker; outdoor storage; storage visions in garage for trash/recyclable materials; and a rendering of a typical lding cluster showing colors and materials, paving (including brickwork), planting es=gn, signage, and site lighting to return for commission approval. Commr. Thin north seconded the motion. AYE . Cooper, Illingworth, Combrink, Underwood N S: Sievertson / ENT: Bradford, Gates /The motion passes. 2. ARC 89-80: 1673 La Vineda. New house on sensitive site; R-1 zone; final review. Jeff Hook, Associate Planner, presented the staff report recommending the commission grant continue the project Mth direction to revise plans to conform to a 20-foot setback from the riparian vegetation. Brent Wiese and Steve Pults, representatives, responded to the staff report and explained the project and the applicant's concerns. Mac Short, applicant, said they have done everything they could do to address the city's concerns. He said this was his dream home and wanted the main living area on one floor. Commr. Sievertson felt the house could easily be revised to pull it back farther from the creek vegetation. a-3� ARC Minutes November 4, 1991 Page 4 The motion passes. 4. ARC 91-73: 948 Foothill Boulevard. Revisions to shopping center parking lot; C-R-S zone; appeal of director's action approving with conditions as minor an incidental. Jeff Hook, Associate Planner, presented the staff report recommending the c 'ssion uphold the director's action and conditionally approve the parking lot re ' ' . Rob Strong, representative, responded to the staff report and expl ' the appeal. Eve Vigil, representing the San Luis Obispo Tree Committee, commended against the proposed elm tree removal, explaining that tree replacements ould be done on site. Gil Hoffman felt that the elm tree should be saved. Jack Brazeal, tree consultant, recommended that th ee be removed because if kept in place, trucks may damage the tree. Commr. Illingworth indicated be would sup p keeping the tree. Commr. Combrink also supported keep' a the tree if additional trees were added in front of the Mclklahan's furniture stor . Commr. Cooper agreed with CoFnr. Combrink. Commr. Sievertson wanted to'see the tree retained and additional trees added along the frontage of McMahan's st efront. Commr. Combrink in sated that with traffic issues resolved, a maximum number of bicycle racks should .e installed. He noted problems with off-site signs. Commr. Coope3/moved to uphold the appeal of the Community Development Director's decision to approve parking lot revisions for the University Square Shopping Center, but allowed the emoval of a large, mature Chinese Elm tree in return for the installation of eight 24- Ion sized box specimen replacement trees, to the Community Development Directo s approval. Co . Combrink seconded the motion. ce-�a ADMINISTRATIVE CREEK POLICY Note: the following are guidelines, not strict standards, and may be departed from when the planner, with the Director's concurrence, judges that the intent can be met through alternative approaches. They do not replace, but are in addition to, other existing policies, standards and ordinances. 1. When reviewing any development proposal, all unlined, open drainage channels should be evaluated as potential sensitive habitat areas (ie: riparian corridors to be preserved or enhanced). In general, such channels should not be culverted, filled or encroached into. Exceptions could include: a. Minor drainage channels (guideline: less than three feet across); b. Short (guideline: 200 feet or less) sections of channels which tic together lined or culverted drains; c. Improvements necessary for erosion control, flood protection or circulation, reviewed and approved pursuant to existing adopted policy. In all cases, the Director, Principal Planner or Long-range Planner should be consulted before a channel is determined not to be a sensitive habitat area; if there is any significant doubt, the Department of Fish and Game should be consulted, too. 2. New structures, including parking lots, should generally be set back at least 20 feet from ;he top of bank. "Top of bank" means the physical top of bank (ie: where the more steeply eroded bank begins to flatten to conform with the terrain not cut by the water flow). If the bank is terraced, the highest step is the top of bank, not any intermediate step. (In some cases, the top of bank will not be apparent; the Director, Principal Planner or Long-range Planner should be consulted to help determine a reasonable line, considering such variables as the top of bank on the other side of the creek, the extent of riparian vegetation and the 100-year flood line.) A. Greater setbacks may be required if - 1. significant riparian vegetation extends beyond the 20-foot line; 2. a setback line which is farther from the bank has been adopted or proposed by Public Works; 3. the 100-year flood plain extends beyond the 20-Coot line. B. Lesser setbacks may be acceptable if: 1. the channel is minor and is not judged to be a significant riparian corridor or likely to be part of the urban trails system; a- 33 P;;��Draft Creek Policy age 2 2. the lot is small, and reasonable development without some exception is impossible; 3. the lot is a small infill site where a clear pattern of lesser setbacks has been established on both sides of the lot along the creek. Note: in determining if a channel is minor or if a riparian corridor is significant, the staff should consider variables such as size, area drained, volume/capacity, topography, context (urbanized or open), soils and hydrology, relation to other creek stretches and the creek system generally, existing vegetation and potential for restoration. In determining what is "reasonable development", the staff should consider. comparable uses on similar-sized lots in the area as well as the practicalness and feasibility of smaller-than-comparable projects. In all such cases where setbacks are to be reduced or increased, the Director and Principal Planner or Long-range Planner should be consulted. 3. If the site is considered by the Long-range Planner to be a possible link in the urban trails system, then an offer of dedication for public access should be required as a condition of any discretionary permit. - 4. All areas in the setback should be dedicated in an open space easement as a condition of approval of any discretionary permit. 5. If the corridor has been degraded, a restoration program may be required as a condition of approval for any discretionary permit. 6. Sites with creeks are considered to be "sensitive sites' for architectural review purposes; projects which would not otherwise need architectural review should be taken in as minor and incidental and may be approved if the guidelines above are met; if they arc not met, then the project should be referred to the ARC with a recommendation that the guidelines be followed. �-3'�f RECEIVED Architectural Review Commission Phil Ashley FEB 0 3 and ota i Planner Jud,, Lautner 1586 La Cita Court 990 Palm Street San Luis Obisp �DEVE[Osm Rot•: 8100 7513-2505 (wor}�. San Luis -bis CA y0 �UJ-U_ i i }-�i }1 ( home ) February 2, 1992 Subject: Architectural. Review Commission (ARC) hearing on February 3. 1992, Monday, 5: 00 p.m. , for the proposed house project. at 1673 La Vineda.. Dear Commissioners and Ms. Lautner: 1 agree with the: Staff Report to revise the hinuse plans to =m. to the City's 20 ft . riparian sebacn policy. The only thing that has Changed since the ARC hearing November A . 1991 , is that the applicant has moved the house ft . . measured from the east decr., or 10 ft . , meas-ur'ed fr'or!, Mie house nook rcCrner, iroi, the rip'a.rian Ve9rt.ati0n. -versus t•:?? ori-ginal i ft. r'ipariar. SE'tvaCh' . The G IL. SETT[!act.k Ir'C�m t}'iB �-ok is tne m,:)rr_ si_gn�I1=8.?ii one since .'-uman activity .2n a deck Ilii S c1cse is more diStur'oln€; -.c• . iL•arian wildlife -han hur,!an. ciCt_•Jvi'_•:v _.. U r:•:uSC t.h; S close . Given tnc inn-deq1.;acy of the a Wit. SezC.ack- measur'e+". Froin the dec,R. all ri:y previous e:njecL.i.nns To the 1>rrjects failure tcl Comply with The City ' s 20 ft. riparian setback policy still apply. These obj:e'c- ticriB were stated in my f�CtGbEr K. 1�'�+1 , 1?t•T•er Ii:r the !':c'vc,71y,2r• AF( s review. these Gb;:eCt.iC:?i5 ide E a5 fo11^W5. _ First, there were malty le:t.`.ers': In -.tie: L'ro ecz Ii1e by various ma _ . ari an ser -ac to �'r��. - ^T. V.T]. }.1i_F I:1 r.11e _-.v C r'.Lz:Gr 1-.i: ..O~IiT•=i T• . Second . c8 •_ _'O 1'Ta1 OI tiir s•c Same .iCt-..Cry G,1:_'l":'GC.i��'^ � ..�1�'- -P.Ii L:_` .'I .'i(f T. � -tt_ c a [`A' �• -' - -'iT A%;G:.- :ir:" Sc` •ii,2: :'Ye ane @cr' ict t=r ?lilt L. in't n t?iC _ y 13 WCrring on mcnii hle 21 1 - -uTa.ck prl F.-.• -•rdl n Third. placing the house closer t.r1ar 210 It . tc. the riparian veff t.a`i=r creates tnc� _mp.2sSib7e L----,B -T': c !-' p'r'eS.eI'Ve -ha r-i:.riar !? �itat whii2 at the :lame time p•cr'i0 u i Calif" destroying it by C'_lttinE, for fir's p'r'vt$Ct1C•n . Eigia' _-AeT- is no— enol.lgh separation r'etween house 3.110 t''egFt3ti0 . esu ecial ly dry -vegeta- tion , to avoid this ''",:,ntinual cutting. Ther= is Cc.'nsiu-erable dry getatic;ri .now dile to the dro�wgh i- and7.he app'iicant . S illegal removal ( allegedly for fire prDtec:t.ion ; of T:he 770-er Shrub _one . emaval "_F this shady cc•olir±g layer of insulating shrubs has :•:nosed the remaining trP_.F$ and newly :•:po=-gid ground. under L, t.0 mere sl.il:•1.1?ht. . 1:']18 -IncreasesEv2p'C?r^_.i.':C..TI OI w3tPr from, -.he i c.rourio and transpiratlon of water from the remaining p• a.nt" foliage. The net Effect is these plants are being c:.posed to treater drying and dying than they wo-aid iia've been without the illegal removal of vegetation. The applicant should not be rewarded for this i1_egal removal of Diynts With a lesser se_tba-:ii that• will force conz-inuai cuttJng Cf dry riparian vegetation to Protect their house from fire . This cinntinual de'striiCT•ion c. riparian vegetation can be avoided by complying with the 20 ft . And fourth, the alternative in the Staff Report of a setback of less than 20 ft. combined with an easement to protect the riparian habitat , is not fair mitigation. The riparian habitat is already protected by a tract map condition stating, "Existing riparian vegetation shall not be removed" . The suggested easement would merely duplicate the tract map condition. In fart, the easement is worse, since one of its conditions allows for continual cutting of dry and "diseased" riparian vegetation. And dry and diseased vegetation are very important dying components of a con- tinually recycling and 'healthy ripar'lan ecosystem. I have one other comment C•n the Staff Report. On page J. r'ara- graph 2 , it states "The gist of mist, of the objections, was that. tate Effect on tele envir'Oriment GT siting, this one hC•USe Cl=,Se tc ':: creek was not significant in itself, but that it created a precedent : allowing this house to intrude in the 20 ft . setback withc,ut. s.u:;_- ficient hardship reasons may open the door to additional unjustified exception' to the policy. These le`-lers defi.,itel'y were. gr'v=nily concerned about• the precedent setting nature of a iess t1lanO. ft . zetbac .. But. -.hey were as :uch COriceYne5 with `iiB rUJMu atly�? :;; s1t,Iilfi•oBlit auv r't'_. 1mpaCt to w"' diife iiabltat of ho'.::ses not C%t 3biding y the These not saying that -gi_- , el,e'ar C:ne tolls." -11 e'Ct wOii Irl ilave BiE.nif iCc.nt �ffeCt Gh .r-iparian i:a %ita.i Instead they were saying that to avoi6 cum lat.ively signiI_.cant adverse i_- acts t _ wiidill& habitat , Each f.Glis2 needs to do its s..=-re by ablaing 'r_•y -he L0 ft . riparian setback. Arid. file Cali.forriia ^.Ilvlr•or�:-leraa.i Q.uailty Act ( CEQA " stresses the avoidance o: Cumu- latl-vely sig•r:i T_1Cant, a0vers:' lmpa.Cts Oi several �•.'G�:eCt a.°i ":•iic . as it. =dresses significant impacts of a single p r o j e c. i r:c =•r- =Ct. %:%•n rii:i 7.i?iE.pres ...iC•�•.��le'L .a i,w :?C;' �.eY'✓ y...�: .. J ti Jri;J. -.�F: it Ali -ef: �. ;v :uGr ,. Circ anc)ther r,roj cc.` ::e and _ n•_r- b.._:: .__ :p. ._ _. ^C•=1iT t% _ c _...._ _ c F= . wi !16i1' rl=' r'�.:.0= nE? Lr''='jgCt. . ,. .i'1"I'C'}•'C! r!'5I'•:7� . �.'.. 37 1_ _ .'•:: _ J.C... -_ie4 v1 ". l W_ �'_A iiep•art.m`=nt C•f ^ !sn and '.,Fame Q si __na'.ed s ecicS -t spe,'_i3i CC'Il- cern '. an.o; rig.Iiif iC&nt adverse Impa�'tS C•n them--their =::tire•&TiC•n ( --Tinct.icn.J from the .,d% acre BILe . Gut -ie did noL r'e.c,m.lnend any m:iti?aticn t:' a'vGi ] or _ri pej-Z .B IC+r this significant as r s e ITmlp'9iCt . This faiiar•e on his part ha.unt.e'dd m-, t«-- im';r:7 through clearings, since Arroyo Grande officials ocn-tinuec Lc tell me ns mitigation was necessary wil.dli-f consultant Cid riot r'e'commend any . when I spoke to this same cc;nsl_IlLing t• i'i [:•E1SL informing .film teat several mitigation measures were pC•ssibie_ and feasible and that CEQA requires fea sible mitigatiGn ' _zee Attachment _ ) fnr' significant. adverse impacts, he replied AI'IMoly 'zrande City aild not ask him for mitigation, and as a consul-'.ant he only •'•iorrs what he is told to do. I said that as the CEQA consult- ing biologist he was supposed to understand his CEQ'A responsiJ Mi- lities and supply the mitigation regardless cf what. the City told him to do. He replied. they did not pay him enough to suppay mitigationi said thatas the CEQA consultant it was his respon- sibility to supply the CEQA required mitigation oven if it meant asking for more money. The Rancho Grande hearing tapes ( I have copies ) have testimony demonstrating this consulting biologist. waz n.,Dt '.icwledgeable hi '..L�jii 1'dS�+CiIi3iG11iLica 6L Lllav a_3G time. And his work on that and this project occuifed about the same time last year. Regarding the 167.3 La Vineda project, it was clear to the biologists commenting on the project, that the consultant missed altogether the important CEQA precept of cumulative impacts. And they strongly objected to this oversight of the importance of cumulative impacts when he said that he did not think one house 1 ft. from the riparian habitat would be a significant impact. At this point City staff made the correct decision in light of ti72 overwhelminj evidence by these other biologists that this. project, 1 ft. from the riparian habitat, would set an unaccept- able precedent and it was an uracceptaoie cumulatively signiil- cant averse impact to riparian wildlife . t.afl t ere fire appropriately changed the [legative Declaration to reflect the necessity of a 0 ft . riparian setback as mitigation. 1 bring this matter up about the problem with the wildlife CD lt�:,t noL t•ecause 1 want• to but ecause of what• happened at tt7F _a.6t ,R(- hearing regarding potential litigatic.n. A _GIRmlSslon2r ;d=6ered aloud if the applicant cou.id have grounds, for' Ii.t.igaz_ion this sr'ojf-_t . The applicant ri-sponded yes. But on what grounds -' " r'c� -h S O f. t.'7E1T` rC'+ 'Erti' _'r Lrorer'ty rig'".TB. i_ _ i i ?7 t a i•ani,ie r p �1a g v::= s tittle.^.';=1:•T.. mjeE`,ing re+�uired by the past. v�q�A 117.19at10- 1 �,r0••_•.:aEt� a set of dans. 1Aii..aC,Hment ) `n'OWIIl$ rlai: c iivliSe G1 ar)(- - . V ='3. T_t . _1V1h7g. space I it7 a future bonus rocim cf another LGU sq. f- . j . plus a _.r garage . Could be built on the 81:e complying with r1:'arlan s-et'C:ac!i, all side_ and Trout se-,backs. T.ne •_5 ft. aF Ei 3c.E he.Jg it limit . and thie '"ri'vewa-" stand . for CJ :p•iyinE with t.'L7$ s-ra -i' fL 'Veragc _h2iL?t7t �iia'_L at7d .r'-V=Da,'` t mr-.c pr. ._.ar_e,: .'3_'ic:" ' the -'.i L.ar c 7 t.'W i+.V :T ..'.]ay,d 't -^'.L _.�.-iL•�_it i�cc_ _�= �._:_c 7.172 c. sell_ in.l_-atI ice ' n c7. _ %i= r:�tr.L cr'i: '.ii_ r:`.5;- C.:f_ 1 - ": " n r--'G --- is= wi '__. c _ . 'r. . r 1 a.2-.i%1,_ . y;. . L;i2 .:?'1ye'n�:°i: c.l' =' . ..::ey C:"i•.=;n5r 1 '. i='inr 7.::e'sAi j.s. _,r'GDiem-. ratr•er GTI%'N'o'r, a tak—'.':g sol property or pro_+-rt.l• c •�::`=s '-:C`. Sc'Eiil %.G be a 12ga.l ar•cu,",'ie:i when a ho'os' of .,, ,c.uz, 1 1L, a :�-.g ar .__,..a-,_, can oe buil' o::• the r•o er%Y. >u•.:. , a Thus? w .-LII 1 C�2 d.s _.ar"�e aS , Gr iar'ee , ' "iier 7;Guse r ti,ar, any c. _.i :•:-i& h'i?1817[=,Gr�'.UGi:. Seion .. this 1s not. an 1-infair process, nrir one im osed on e 1r12 C•C:ur'i. , and _^_oi. the City, required this new L'rGCeF'S-. ,U L-ne ui,i1;211% nc.�'� any rB,=:JUr'�B o.gainst fife '•.i.ty . T' $1"•i1I7g the process. And third. that ) eaves the argument the applicant. made at the 1a t ARC, hearing t.t7at the wildlife COnSL•itaIlt did IlOt SEE this G^E' house ciose to the riparian vegat.atic'n aS a significant adverse wlidilfe impact. And that is why 1 brought up the problems of this consultant 's understanding of his CEQA responsibilities during the time he wor-'ed on this project last spring. If the applicant ' s only legal argument is that the wildlife Consultant did not see a significant wildlife impact resulting from this project, then they :lave missed the point entirely , as did the con-ultani.. about the im- pUrtance oI addressing and mit.igat•7ing ICr cumulatively significant impacts for a CEQA project. But, aga in. the other r ,_1n1Gg1S is did r7'�J'..` =X7,1 thn 'M�.�.:•t??7 r'a .'r rr".Teti: a`=�-P 1 iT.:n' t--.2 and afadr Fs Seca thPT 3 a-37 in their objection letters. And staff Properly weighed the pre- ponderance of evidence by these other biologists for the 20 ft. riparian setback to protect riparian wildlife and changed the Negative Declaration to reflect the 20 ft. riparian setback mitiga.- ticn. I think if the applicant chooses to use the wildlife consultant 's initial opinion in a legal action, they will lease with it. Especially given the contrary evidence supplied by the consultant in his final report (7/17/91 ) in answering all the other biologists' objections to his first report ( 5/6/91 ) . This contrary evidence is that the consulting biologist st.atra in his final report that if the City has a 20 ft. riparian setback policy, they should use it if the 'douse can be redesigned to COMPLY witil the setback. In fairness to the wildlife consultant, he did not know about the City ' s ''20 ft.. riparian setback policy when he prepare-d iris first project report. 'When tie found out about i.-L, thr'o'i:gh the va:-Gus coriiiiient letters. he rB':OTMu'ile-ndefd fiat 1 t be used. Also in f8irness to the wildlife cons.:it'ant , nig: pas-, ia" i C?_T understa.n iirg of his --EQA rBSr^77iS-�J`- lit-eS ].s not 8L ?11reiy hiS own �� _. -EQA recuireEno CEQA tiI ca.,. n r`_ _gram, -.hat I ._ of Ccns---,. nt, prelraring 1;'H:QA reports. Environmental firms ge.".erally HnC:w what their CEN,!: ires pr.nsa:•iil` &r =ir1Cr tri MUS- WCrk C1JSely W-tt1 CEe.A -n pr•epar-ng H h S` ihr`pr'C•biei?1 ic: usually with indiv1'dud.i COl 'U'lTing. These may 'be bi.Olo.,ists certified by such cert-ifying organi_.atioris nc the Wildlife Society. Blit. t.,hai, C5r'tiilCaLlGn =i-y applies -7, o t:1= rnir,imi;m 8l'c,ir`miC and 4:0'ri :•:t'=I'-ci':mac Standards nece£sary TGr r'rofesSional Certification . ir,e cE'; ` i73 '_e.til_:1 l;c_;t Lr±.'.t .l;:C+1": .91 • i. G i .- " 1^g.:S . S __::`"'w ' a..j`r . r,.. ':B.Cr; _. . i{':''`Cn'1c!]g.2 , Gia.. _1✓��Ir1. ^CCert7.Tr Cr�,i.i frr: rla3 ,-."_;T.Yl i.1":9 T. F--T.! �•v=t: n .:'_' i'r.L_ . :Li3 ,dpi i�7.11 .:'T"2.. ` j•. i..'='it �'i i SFS i.ae .'��i�'1 �:� J ICM-:1r.g l r'i::'.:1 �•�"'r.l :] '-:'rl^1 i:F Y'T..' T %7 L.J 1'. i1 i.:T. _ ~: nil�'�ii a. d �'1 r'�.�: "_'C.LT _ T�'�.•:1: i '+!� G t:1i3t :::cCauSe GiOIOgiSLS ar'ei_:cri,iilcd unC have 0011E =•aS` . e n'v i r'on',7:en--al --LuC!ie> ani`] r-po..r._. c _ 9S S;1l-•�.^':.t.r=1 T.QrS t,� �n�:i'T^f_.i-,mc:i'..3� firms or agencies. does non mean they :;now what they are in inff under (_EE-A. The 6 IJlrf!ril:•e:i.aJ. IiTmB T' =:ger.=:le5 T_.r eE1Q loll t._ 3uC;�•�iltrators workeu fOr may have fall inter?Erence �ntBri�rEti`i CE;. .4' IC•r Lhem withc.ut t:lE1_ ev81' :iaving Lear':BMJ their _;w:1 2"cSr•C:71�..- •_iii il?S under (_ clA T}''.iS iS e .lCl },ear clo nrob ' em that. needs correct i on. Lut for nc'w. now dr)es t.ne GJ.ty Know l.:i 't is eE'tfi.j-7igC.5 C:gii:al is Is'i is:.]i tall is t-�''ot are aware of their responsibilities under C ''Q'A'.' Until an off :Ci_i , l,PQ'-A cert.i.T] "ei.1C.r: r'rOgram lv a1'S.11able . T._"!'3 rlL. should require eveIy C] ^QiSL :.t iS considering fr?r 1i.S. Off1C] oJ consulting list trishow proc`f of m:inimai I...ndar•d c`i CE;b'A T.r- ning. This training snould be a combinat_on of acceptable CEQA courses. workshops, training sessions, eLc . This is basically what the. i ity c requires of its Own career :'lanners who WO]"'r. with CEQA, and it should require the same of its con .ultant,s. Cit.her.•wise. the Git.y sh C:ui,; not allow them to be on that 'cera i.fieo" CEPA list. bec8iise right now that Cert.i f3 Cat e GT7 only ;leans iAhrit, they meet. cent.& rl minimal professional biologica.i standards, but, meet. Tio minima_ CEQA standards. :] ecu vi t•1'vv� vi ..'i.4lh L..vul'c:�� nvi'iL , ',n U:'tics.:vt•:. , .T'a'i ii,i.,o x-38 sessions, etc. , a CEQA specialist on the (City ' s staff could review the CEQA expertise of candidate consultants. This could 'be a review of a minimal number of CEQA documents candidate consultants have prepared to insure the candidates are aware of their CEQA responsibilities to ( 1 ) asses:, the. resource, i :j ) assess the impact.. and (3) prescribe mitigation to reduce the impart to a level of insignificance . This review of candidates ' CEA documents should also cover reviewing their citations from, and references to . CEQA showing their knowledge of the specific sections of 1P_XU: deliliatiIlg their respoIlsibilities unrder .Lhe Act . U-i :U—i late1y7 insuring that consultants have had proper CEQA training, and nc:t Just proper training andcer'i•ification in their proiessional field. a%:nid prob-lems. as on this irO,JeCt. . And thiF in t.i)rn wi 11 .ieaa to a more efficient, process for all , including project ap'Llicant.s. In summarizing the suggested legal issue, there COU.id i;e: a, pr'obiem to the applicant of putting trio much emphasis on what the wildlife consultant initially said ahout. "can insiLrniflCaln•t. w4_i:3- life impact re'.s;u It i n g Iro- i t r'r of e.CZ Such an ar,ument wt,u.i.d y^ r._. �_ t .}� is+` ,..iii -'.TiN(j ?•i c have t.. over��ome ( _ . wha � o herr t� iDlogi. _ 1, ir'.�C:l.- ._"i2. .aV =al•'1 S:�Gu`. tale cumulative'iv s: gnificant adverse impact oI tll7 S �.rr•,;eC:r i n'+he.-L. the wild+ ife. latfFr ;Erl .?1_.e.a e;j. rI_ -t:e r•rr 'e..j-L COTt•1}'_ _ ii:til Lhc l•- -.y r'_r•arlan se-,.hack polir_-y: 1 �) wil t staff iindi-Ji lgs lia've z;a,4 . ?'laCC 102 ,_Oi!lrly-;.ng with the 4:_? ft. - riparian setback 7Oc, ') v>hat- 1 have said herr' .cC'•C'ut the r.OnsL t.ant ' s _"•ast, lack C_ U(]=?-s�i.cn^.il?_E C'_T -Lis r'esponsi U'.!ides under` CEi�.A I do bc-11' eve that. -h is O?i s'J it ir,c. iZnd.erstan-Cat? his 1..E'l.}:i :'hey are not tf at complex �;r di_Illcu: L. to • n . . . . _ .. a 18 a 1--n 0!-7una7e: y l rl' s On c,U_.`.a rJ- r=•.G �'�dt_• 1- _ -}lr� rr t�� .nr:�' ,-•r r nnr_ - n.ig r _-=f:•"!b_Ji._� __ �� _Jl e . -: _ -.. ;i8. �� r:. _._ �dr.:i._ t.e. ea ,her ommen l n,R :J1_ _ '� h Vii' ld? _ r'F i_;y T 1• ,l _IT ' . _ r y L c _ iE'arIlill=. C.=,ta!!'. res-,ons ii:•:iIzles. finally, _L wa3 fileignC�•'_.`r'8 nriii II?y ,.Ii::'F?'._`.,311Q ;0 a.` ;'.iiA j.;. •%'N rl.9 l^`TI.T -1-�� 1 -TRPS 1^Q .::VY - _.I., r-•G ,-'c- L_ll � � . .'Y_- ....0 I,._ . ..�, ..r:� _ _�:.._.__ - -._'n-_ -.%=ice._'... - - - ��_._-� _ .._ _ _ _ . _ LO a Ll% possiD1c . i"a_c Se'�CJa,.h• W. s -L,=-11-_,ate-:% lar'ii1PC, t_i. l'!::IYLT.i.c��1 C?I,Cr's T•_ I',=• _ T,•'? `:�� =L. 1 !i F' �' I se;. �' a]! i!"'f,tii T.liF 1 / ?.o ._. i:t Sd`- Lr'C+L'•C_•c:d _� IL . tnac,x 1" B i,-nz w ti2C}C vC.'_.c._j =:'n and tc$SeC. F:�y i.r?e mBJOI'1Ly C.•oaimiss_oners. lha L Ja CR _I JUST. Iii_ . al='C:cyLaC:ie- frOlf; the standpoint CI pre.- sBrviIig ripariar:' wildlife ha.bit'at . I will study the plans to find a compromise g•rJ1Ut.ion mat. Will Brit. Jeopardize riparian wildlife and hopefully satisfy the applicants and neighbors_ 1± for some reason cG7t}'r'omii.5 + i meaning minimr-1--ty a 1 % ft.. ri.parian setback as votr'd on by the Comirissionersi is not possible , then I ask t1 at. the Commissioners support. t.hP Ct.aff !-e7<: rt the house _,e redesignedto comply with the City" s '0 ft . riparian srtbact policy. Sincerely, 5 yO AVACHWWT I 1991 (Fifth) Edition Guide to the California Environmental Quality Act (CEQA) • Michael H. Remy Tina A. Thomas James G. Moose Solano Press Books Point Arena, California 9. to provide the people of the State with clean air pd water, enjoyment of aesthetic, Aatural, scenic, and historic environmental qualities, and • freedom from excessive noise (section 21001, subd. (b)); 10. to prevent the elimination of fish and wildlife species due to man's activities, ensure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history (section 21001, subd. (c)); 12 11. to ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions (section 21001, subd. (d)); 12. to create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations(section 21001, subd. (e)); 13. to require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality (section 21001, subd. (f)); and 14. to require government agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment(section 21001, subd. (g)). B. SPECIFIC POLICIES 1. Feasible Alternatives and Mitigation The most substantive aspect of CEQA is found in Public Resources Code section _ 21002. That provision forbids agencies from approving projects with significant adverse impacts when feasible alternatives or feasible mitigation measures can substantially lessen such impacts. (Citizens for Quality Growth v City of Mount Shasta (3d Dist. y 12/This policy statement has been interpreted not to create a cause of action requiring agencies to disapprove projects unlesrthey can guarantee the survival of rare or endangered species affected by such i projects. (Sierra Club v.Gilroy City Council(6th Dist. 1990)222 Cal.App.3d 30,41-42[271 Cal.Rptr. 393, 398-399].) 8 07 ��/ :4 must "consider" these proposals, it has no mandatory duty to act (m thwn, even it they are feasible. (40 C.Q.R. section 1502.14; Robertson v, htethow Valley Citizens Council (1989) --- U.S. ---, --- [109 S.C1. 1835, 1846].) In other words, as to those r matters subject to their statutory discretion, federal agencies can effectively ignore the conclusions of an EIS, even regarding alternatives and mitigation, and can take actions causing grave environmental damage. (Vermont Yankee, u r , 435 U.S. at 558 [98 S.Ct. 1197, 1219] (narrow construction of NEPA; statute is "essentially procedural"; Robertson, jMra, --- U.S. at --- [109 S.Ct. 1835, 1846] ("[a]lthough these procedures + are almost certain to affect the agency's substantive decision, it is now well settled that s NEPA itself does not mandate particular results, but simply prescribes the necessary process"); Strycker's Bay, jUra, 444 U.S. at 227-228 [100 S.Ct. 497, 500] ("[t]he only role for the court is to ensure that the agency has considered the environmental consequences [of its action]").) Because CEQA was modeled on NEPA, the California courts'have generally looked to federal cases interpreting the latter statute as "strongly persuasive" authority as to the meaning of the former. (See Friends of Mammoth v Board of Supervisors (1972) 8 Cal.3d 247, 261 [104 Ca1.Rptr. 761, 769-770]; Environmental Defense Fund Inc. v. Coastside Water District (1st Dist. 1972) 27 Cal.App.3d 695, 701 [104 Cal.Rptr. 197, 200]; No Oil. Inc. v. City of Los Angedo (1975) 13 Cal.3d 68, 86, fn. 21 [118 Cal.Rptr. 34, 46); Mount Sutro Defense Committee v Regents of the University-of California (1st Dist. 1978) 77 Ca1.App.3d 20, 35-38 [143 Cal.Rptr. 365, s 373-375].) Because the California statute is more protective of the environment, however, it seems fair to say that NEPA cases generally set the environmental floor but not the ceiling for interpreting CEQA. (See San Francisco Ecology enter, SUM, 48 Cal.App.3d at 590 [122 Cal.Rptr. 100, 104].) In other words, the federal cases are persuasive authority whenever they require environmental protection on issues not yet r reached by California courts; but the state courts may find that the federal precedents require too little such protection, particularly when CEQA's substantive mandate is at j issue. b. . Substantive Provisions of CEQA In contrast to NEPA, CEQA mquire agencies to implement feasible mitigation measures or feasible alternatives identified in EIRs for projects that will otherwise cause significant adverse impacts. (Sections 21002, 21081; Guidelines, sections 15002, subd. 10 a - Al y r, (a)(3),. 15021, subd. (a)(2), 15091, subd. (a); Sierra Club v.-Gilroy City Coni (6th Dist. 1990) 222 Cal.Ap�.M 30, 41 [271 Cal.Rptr. 393, 398]; Kings County Farm Bureau v City of Hanford (5th Dist. 1990) 221 Cal.App.3d 692, 711, 730-731 [270 Cal.Rptr. 650, 656, 668-669].) 13 Thus, in such cases an agency cannot satisfy the statute simply by "considering" the environmental impacts of a proposed project. (5= also Burger v. County of Mendocino (1st Dist. 1975) 45 Cal.App.3d 322 [119 Cal.Rptr. 5681.) In order to effectuate the substantive mandate of Public Resources Code section 21002, an agency approving any project for which an EIR identified significant impacts must make appropriate findings for each significant impact identified in an EIR. (Citizens for Quality Growth v. City of Mount Shasta (3d Dist. 1988) 98 Cal.App.3d 433, 440 [243 Cal.Rptr. 727, 730], citing Guidelines section 15091.) Three different findings are possible. The first option is to find that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect . . . ." (Guidelines, section 15091, subd. (a)(1); = L15g section 21081, subd. (a).) Such a finding fully satisfies section 21002. The second option is to find that "[s]uch changes or alterations are within the responsibili?y and jurisdiction of another public agency," and that "[s]uch changes have been adopted by such other agency or can or should be adopted by such agency." (Guidelines, section 15091, subd. (a)(2); �ee also section 21081, subd. (b).) This finding has limited application, however; agencies cannot avoid imposing conditions within their power simply because some other agency, with subsequent permitting authority over a project, also has the ability to impose similar or related conditions. (Citizens for Quality Growth, g! ra, 198 Cal.App.3d at 443, fn. 8 [243 Cal.Rptr. 727, 732], citing Guidelines section 15020 (rejects agency's argument that adoption of mitigation measures for loss of wetland was sole responsibility of Army Co1ps of Aside from this mandate, the courts have been reluctant to find other substantive duties in CEQA. In Sierra Club v. Gilroy City Council (6th Dist. 1990)222 Cal.App.3d 30, 4142 [271 Cal.Rptr. 393, 398-3991, the Court of Appeal rejected the argument that section 2!001, subdivision (c), prevents agencies from approving projects unless they can guarantee the survival of rare or endangered species affected by the projects. The Court held that the cited provision contained a mere'policy statement" that did not supersede other statutory provisions and case law recognizing agencies'ability to approve projects with significant environmental effects where mitigation measures and environmentally superior alternatives have been found to be infeasible. 11 a-� ATFACNMWr 2 S1rE MAP 11001 . � �.�j �'.-.__._rte f• `.••'r OFi• �� I -'""�•� v5WA..7' 1ooNo '.ter �. 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Gk� %'= • 37 1. c, ' 7 ig, /,b FP0070F Hoa5F N GHY G��THa[.C�- ,2�F : 0.69'Fu'CTD erAhaY6diTN,UrJE5L-� ,F-cn`sr r1-w2 H.l6N" 1.W'JOt5T HE&HT S 60 z"DFl609 HE16HT 17.69'TC>7 60J-rHCUT-RCC F) 12LkR OF 1-OU-5E HE16ffTVJIIRa-AT ftF: 7601Or5TEJA6clAU allE.14 flrFF. O'69'oF 15P -(ToP" CCMREI rr: R �..us�c���.yy1(91TH J�Rltg� 50 1769'FRV,)T HT. j 0' 115FWM G�'HT .?5.29�P�1k HT. Q�3�F HE16'frOW (, : ZS• 0'- Z/ yp'= 3S/ �e�VE 2AJbn � Tj- U5 HE6HT HDOt CAIS 2;E AEDu 371.'0'C^ J70�1,� AT F;a:�1JTC�rHXc EZ 17.69'CaT. Hr. 6017/tO�T rte}+-3.C/ CSF H T }r s71.6(a.rry�r 39 ? of Face of 6'ort0'inte ral IM vertical curve 8' vertical curve curb driveway Back of sidewalk OB' GR. .13' 42' Floor of BL\ r r 1 garage or A N' 20 �20Carport ma: Straight grade A to C 5.0' 4' Slope 1/4'per ft. B to C 7,5' 10.0' 2's 2'drainage slat (slope to drain) NOTES I —Twenty percent(20%) maximum slope for residential uses. Ten percent (10%) maximum slope for commercial and industrial uses. Five percent(5%) deviation allowed with special construction tecnniques if approved ay the City Engineer. 2 — Maximum descent,and the run,shall be measured for the worst condition between the bock of the sidewalk and the finished floor,at the garage or carport entrance. May be used with either 6' or 8' curb. ADOPTED BY RESOLUTION No. 4557 (1981) APPROVED BY THE CITY ENGINEER DATE at PARKING E DRIVEWAY STANDARDS REVISIONS 8Y APP 1,13ATF STANDARD I fob DOWNWARD DRIVEWAY 2150 e+-0 January 30, 1992 TO: Architectural Review Commission SUBJECT: 1673 La Vineda, Sensitive Site - ARC 89-80 After reviewing the initial study of Environmental Impact Report performed by the City of San Luis Obispo, I concur with the City staff's recommendation to require a 20' setback from the riparian vegetation on this sensitive site. I feel the concerns of numerous biologists, State Fish & Game, various environmental groups and the great concern of the neighbors in this area cannot be ignored or taken lightly. This area is an established open corridor of riparian vegetation that has been preserved by existing houses that were required to set back, and it would suffer greatly if a house was permitted to be built within this 20' buffer zone. If a dedicated easement was granted to the City it would be of no further benefit than the existing tract conditions that prohibits the removal of riparian vegetation. A house built within the 20 ' setback would affect my view of the Santa Lucia Hills and would not if the house were moved up hill and in line with existing homes. Now that the City has gone through the proper procedures, studied and reviewed the concerns of this sensitive site, I feel their findings are in line with the new creekside ordinance that is being drafted that will make a 20' setback mandatory and not just a policy. Allowing a home in this area would undermine the City's recognition to preserve these valuable corridors. I feel this is a very buildable lot where the owner can still enjoy views and the openness of the area that the neighborhood now shares. By redesigning a house that meets the setback and height limitations that this neighborhood has followed up to this point, this house will infill the last lot of this tract without setting out of place. A redesign would preserve this valuable wildlife corridor and blend with the existing community feeling. This latest revision of plans still does not meet the recommendation .of City staff, -Fish & Game, biologists and the ARC. I feel the house should be moved back as recommended by the ARC on November 4, 1991. Sinc erely, ;e� Richard Fisher 1691 La Vineda San Luis Obispo, CA 93401 _ a-fig Stream Consciousness Local Affiliate, Urban Creeks Council 531 Highland Dr., Los Osos, CA 93402 October 30, 1991 Dear Commissioners; I would like to urge your Commission to uphold the conditions of the Mitigated Negative Declaration for the project at 1673 La Vineda, especially those concerning the 20 foot setback from the dripline of the riparian vegetation and the fencing of the riparian zone during construction. As noted in the Negative Declaration, a 20 foot setback in this case is consistent both with the City's administrative creek policy and with the other houses in the subdivision. The applicant has shown no need to deviate from this policy, and therefore it would be wise to apply the policy, especially in.light ot-the fact that this riparian corridor has been maintained in a relatively undisturbed manner for its length, as noted on pages 4-5 of the Negative Declaration. The Department of Fish and Game has determined that buffers are desirable wherever feasible. Numerous biologists have commented on the need to maintain a buffer from the vegetation for wildlife considerations. I would note that the City is currently engaged in development of a Creek Ordinance designed in part to strengthen protection of creeks and their wildlife value. It would be a shame to weaken the application of the present administrative policy at this time by allowing an unnecessary incursion into the riparian corridor. I would ask that your Commission have the wisdom to accept the mitigations recommended by Staff for this project, thereby continuing the clear precedent of allowing buffers for riparian habitat. Sincerely, Judy Neuhauser a-�a IP Ansommu. noOf SAn lAs OBIW 990 Palm Street/Post Office Box 8100•San Lula Obispo,CA 93403-8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Tile I, Chapter 1.20 of the San Luis Obispo Municipal Code.the undersigned herebyappealsfrom the decision of A�w4l�l Az)�jyJjW&, rendered on 3 197e6 12 which decision consisted of the following (I.e. set forth factual situation and the grounds for submitting this appeal. *Use additional sheets as needed): - +10nW w/ CW/ 71,e 4,0W-5 - Aesidvoje-0, /,(o73 Gd !/Snedk • A96 89.80 �/a`af o� toad�irlf /'2f�j�iri�cl 20 '�c�6�rc.E �rnm r�r�an ve�e��c �S�c i9�t Guo s e.�vioVIS c/4 ,orev�d b �4,ec 4PO& c� �v-t �/o ce dur.�.P�e.^rars dee �v�iea /2sroLen cc, Gu/fi{„r /20 dro f- �tr�a . L ',?4cor,�as,/,./v'Lt A017* �u/,hbvr�jco, 4nd err`aePl- torr o/4j P ectdvres -Ioru/iaas dec, A oras )mere*, ,, Cc( zwd a��r�ovz The undersigned discussed the.decision being appealed with: on DATE&,nME.APPEAL RECEIVED, Appellant /`9,4c ame e AIA Y/ i4-SRC_ R E C E P V F E;,, epresentat e 1401 #/9y�r�i FEB 4 1992 �f- EGD rens rr CITY CLERK �rr✓ SAN LMS OBISPO,CA to C Attome City Clerk Calendared for. y � Copy to Administrative Officer Copy tto))the-following department(s): 9i'• - a-51 b"T1NG AGENDA G tPAZ ITEM # City Council Members Phil Ashley 990 Palm Street 1586 La Cita Court Post Office Sox 8100 San Luis Obispo, CA 93401 San Luis Obispo, CA 93403-8100 756-2505 (work) February 27, 1992 Subject: The City Council's hearing on Tuesday, 3/3/92, 7:00 p.m. , for the applicant's appeal of the Mitigated Negative Declaration (M.N.D. ) of 10/10/91, the Architectural Review commission's (ARC) action of 2/3/92, and the staff's Counc.if._ ` --------_, Agenda Report of 3/3/92, all requiring a 20 ft. riparian setback for a proposed house at 1673 La Vineda. r'Ou;� O CDD DI -� ❑ M Dib ❑ r7RFCH Dear Council Members: 1' ❑ �yD� �'•.l;'J^a: ❑ POLICEI I support the Mitigated Negative Declaration, the ARCI-s: ..:,_ .uCDIR decision, and staff's Council Agenda Report all requiring the 9;T UnLDIR proposed Subject house project to comply with the City's Fid` administrative 20 ft. riparian setback policy. Please read my letters of October 30, 1991 (Attachment 1) , and February 2, 1992 (Attached to the 3/3/92 Council Agenda Report) , for the 2 recent ARC hearings on this project. I do not want to recover here what I discussed in those letters, so it is important that you read them. They cover the biological, safety, technical, and Calif. Environmental Quality Act (CEQA) reasons it is sound decision making to support staff and ARC actions to abide by the 20 ft. riparian setback on this project. Also, the applicant brought up old issues at the 2 recent ARC hearings basically accusing the City, neighbors, and greatly fluctuating riparian vegetation for their problems with this project. These are mostly old arguments. I answered most of them, except the greatly fluxuating riparian vegetation argument, during the Administrative Process in 1989. I did this by letters or by spoken testimony at the 1989 ARC and Council hearings. It would again be covering old ground to write a new letter replying to their old accusations. Therefore, I ask that the entire Administrative Record ( including my 4 letters) and ARC and Council transcripts for the first Administrative Process in 1988 and 1989 be incorporated into the current Administrative Process and Record. In brief summary, in answering their old accusations, they initially designed their home too high (28' ) and too wide (74' ) for the configuration of the building envelope and therefore had to place part of it in Sydney Creek. And that has been the source of their problems ever since, and the City is not responsible for the applicant's persistence in this matter. As the original staff Council Agenda report of 11/14/89 stated under Design Alternatives: The same floor area could be built while providing a 20 foot setback from the edge of the riparian vegetation. E.C P I 'VE F B _ 81992 1 CITY CLERK °A',! LI::S 06iSPO.CA Demonstrating this I provided one of many possible house plans complying with all City riparian and other setback, height, and driveway slope standards. This plan is attached to my 2/3/92 ARC letter in the 3/3/92 Council Agenda Report. Also, the applicant suggested at the last ARC hearing that the City Fire Department was responsible for the applicant's bulldozed destruction of about 2000 sq. ft. of riparian vegetation on July 5, 1990. This was a new accusation since the applicant's builder, Mike Hernandez, told me while he was destroying the vegetation, that the then Community Development Director, Randy Rossi, gave him a letter saying the vegetation could be destroyed. No one I know of has ever seen this letter. Whichever City department, is being accused by the applicant, it is unfounded since the Council on November 14, 1989 approved project conditions stating that no riparian vegetation could be removed without the Planning Director's approval, which was not granted. Again, I do not want to cover old ground in this letter that has already been covered in past documents. I have already answered that it was the applicant's fault for destroying this vegetation in past letters. So I ask that all documents relating to this riparian habitat destruction generated by the public ( including my letters) , the applicant, the City ( including the Remedial Revegetation Plan) , or anyone else, be incorporated into the current Administrative Process and Record. But here the main point is those conditions, agreed to by the applicant, were very clear about not removing the riparian vegetation without the Planning Director's permission. The applicant ignored the condi- tions, and they cannot accuse the City of being responsible for this illegal habitat destruction. Since my past letters in 1989 and 1990 have answered that their design and vegetation destruction problems are not the City's fault but rather the applicant's fault, that leaves just 2 issues to discuss that the applicant brought up at the recent ARC hearings. These are also not new issues but they need rebuttle. First, the applicant indicated that the Creek Policy changed from an unwritten to a written policy while their project was being processed. I guess the implication is they should not have to comply with an in-process policy change. Two points here. First, there was no policy change. When I designed my house across the creek in 1986, the Planning Department told me the 20 ft. riparian setback was their policy and I gladly complied. It was a natural resource policy the City and its citizens could take pride in. When it became a written policy in 1988 when the applicant was beginning to process their project, the policy did not change, it just got written down. The second point here is that it also has long been the . Community Devlopment Department's procedure that any rules, policies, etc. that change while one's project is in the official City processing stage, must generally be complied with. This was made clear to me by Planning, Engineering, and Building Department staff when I built 2 houses in the City between 1986 and 1989_ I expect that they make all applicants aware of this procedure to comply with changing rules during processing. And the applicant's planning team is experienced with City procedures. Anyway, no rule or policy changed, it simply went from a verbal to a written policy. 2 The second issue the applibant brought up at the recent ARC hearings is that a greatly fluctuating riparian vegetation line caused their intrusion into the Creek vegetation. This is a complex issue that needs addressing here. At the ARC hearings the applicant referred to the differences in their November 10, 1989 riparian map compared to their May 9, 1988 riparian map to bolster their point. They presented both of these riparian maps for the first time just days before the November 14, 1989 Council hearing. The November 10, 1989 riparian map was required by Planning staff because an acceptable riparian map had never been provided by the applicant to staff. They supplied two riparian maps Summer 1989 but the City did not accept them as being accurate. When the applicant supplied the November 10, 1989 riparian map, staff rightfully agreed with it. But at this same time the applicant supplied the May 9, 1988 riparian map that City staff had apparently previously never seen or had any record of. I guess the hope was that at the November 14, 1989 hearing, somehow the Council would- agree to the May 1988 riparian map, which showed considerably less vegetation than the November 1989 map. But the Council correctly did not use the belated May 9, 1988 map to establish the legal riparian vegetation line. It would not make sense for the Council to make a critical planning decision on a riparian map done 1 1/2 years prior by the applicant when they, for whatever reasons (possibly it showed they were in a creek) , apparently never provided it to staff during the planning process. Besides the Council correctly not using the May 9, 1988 riparian map to base their decisions on, there are several reasons why the May 1988 map should also not be used to support the applicant's suggestion that it helps show greatly fluctuating riparian vegetation between 1988 and 1989 was responsible (and not them) for their designing into the riparian vegetation. The first reason is, even if the applicant's May 9, 1988 riparian map showing less riparian vegetation were used, they were still designing about 10 ft. into the riparian vegetation with their initial plan submittal. The 10 ft. riparian intrusion can be determined by taking their belated May 1988 riparian map and overlaying onto it their first plans (Attachment 2) _ The second reason a greatly fluctuating riparian line did not cause the applicant's intrusion into the creek vegetation possibly has to do with how accurate they initially measured the riparian vegetation. This is evidenced in the two riparian maps the applicant supplied the City Summer 1989 (Attachment 3) . As I mentioned before, the city did not accept the accuracy of these 2 maps and required a new one which was the November 10, 1989 ripar- ian map. Rightfully no one questioned the accuracy of the Novem- ber 1989 map, and it was very close to the riparian map I submit- ted to the City Summer 1989 (Attachment 3) to indicate the inac- curacy of the applicant's 2 Summer 1989 riparian maps. In the only phone conversation I ever had with the applicant's builder, Mike Hernandez, late in 1989, he said their Summer 1989 maps did not correspond to mine because they did not include weedy bushes as coyote brush (Baccharris pilularis) at the edge of the riparian area. My post-riparian destruction letter 3 of 7/11/90 to the City, explains the ecological significance of coyote brush as an important outer edge component of local riparin vegetation, and I will not cover that again here. However, the 3 photos of the site riparian vegetation on Attachment 4 show how this coyote brush, prior to its destruction 7/5/90, was an integral part of the riparian vegetation tucked into the other riparian vegetation, as willows. In fact, the coyote brush, and who knows exactly what other native riparian vegetation (since it was never qualitatively and quantitatively mapped by a biologist) , was so integrally tied to the other riparian vegetation that Mr. Hernandez bulldozed out everything at the edge zone--not just coyote brush. This is shown on Attachment 5. Photo 1 of Attachment 5 shows some of the riparian area destroyed between the pre-destruction riparian edge (marked by flags corresponding to the applicant's November 10, 1989 riparian edge boundary) and the post-destruction riparian edge. Photo 2 shows busted willow limbs. Photo 3 shows a small live oak seedling and oak sapling that survived (but how many others were destroyed?) . And Photo 4 shows the brush pile of destroyed riparian vegetation. Unfortunately, riparian vegetation adjacent to the destroyed area has continued to die at an alarming rate. By removing the thick insulating layer of ground covering edge riparian vegetation, the remaining riparian vegetation has been exposed to about 2000 sq. ft. of new baking soil. This has led to increased evaporation of water from the hot soil and plants exposed to it causing increased drying and dying of willows. The point here is not only did the applicant's determination of what was and was not riparian vegetation lead to their destroying riparian vegetation, but it likely influenced how they mapped the riparian vegetation. Based on the fact that the applicant on 2 occassions mapped the riparian edge in Summer 1989 considerably back from where it actually was, it is to be expected, for the same reasons, they mapped it May 9, ,1988 considerably back from where it actually was then. The edge of the riparian vegetation simply did not fluctuate as great as they show between their May 1988 and November 1989 riparian maps. The November 1989 map is accurate, since the City had them map to the outer edge of the riparian vegetation. But it is doubtful, based on the previous discussion, that in May 1988, the applicant included all the edge riparian vegetation in their mapping. The third reason greatly fluctuating riparian vegetation did not cause them to design in the riparian vegetation is because aerial photos do not support the idea that the riparian vegetation was greatly fluctuating. Attachment 6 shows two aerial photos. The first was taken 12/10/87 (by a Santa Barbara aerial mapping firm) just 6 months before the applicant's May 1988 riparian map was drawn. The second was taken 3/21/89 (by a competitor Oregon aerial mapping firm) , just 8 months before the applicant's November 1989 riparian map was drawn. In other words, they were taken roughly the same time as the applicant's 2 riparian maps were drawn. In both aerial photos the riparian vegetation is dark green and the adjacent winter weedy grass is a slightly lighter green. This lighter grass green on both photos extends in front of the riparian vegetation on the applicant's lot. As can be seen from Attachment 2, the right side of the 4 applicant's lot has a jog in it that is in line with the rear property lines of all neighboring properties to the right (toward Johnson Ave. ) . This rear property line shows up well as a dis- tinct line on both photos. As a fixed frame of reference, if one puts a straight edge on this line extending across the appli- cant's lot, it can be seen that the riparian edge, where the applicant's house initially intruded, is nearly the same in both photos. The original aerial photos are such small scale (1" = 2640' ) that magnification to that of the photos on Attachment 6 causes loss of clarity. Plus the 1987 photo magnification is slightly smaller scale (1" about = 236' ) than the 1989 photo magnification ( 1" about = 236' ) , but the photos are clear enough and close enough in scale to show that the vegetation has nearly the same boundaries in both photos. If the riparian vegetation had fluxuated so rapidly between 1988, when the applicant started designing their project, and Summer .1989 when they were caught designing about 15 ft. into the riparian vegetation, that kind of vegetation difference should show between these 2 photos. The applicant's suggestion at the recent ARC hearings that they did not originally design into the riparian vegetation, but instead it just grew around their proposed house site during the planning process, is not supported by comparing these 2 aerial photos. The fourth reason why the riparian vegetation did not fluxuate enough to cause their designing into it is based on biology. There is sound biological reason why the riparian vegetation would not grow dramatically upslope (as they claim) during the applicant's initial planning process in 1988-89, which were drought years. This is an older creek with fairly stabi- lized riparian vegetation owing its existence to the surface and subsurface flows in the creek. It is very unlikely this fairly old and stabilized riparian vegetation community would grow dramatically upslope away from its depleted water source during the drought. In fact, die-back of riparian vegetation, rather than dramatic growth, is more likely during drought. This is what has happened, but more on the applicant's side of the creek than mine, since my willows are closer to the main channel than theirs. I also watered my willows the first part of the drought 1987-88. But even with this supplemental water, my willows only grew a few feet; nothing like the 10 ft. of difference shown in some places between their May 1988 and November 1989 riparian maps. It does not seem reasonable that my willows would grow less than half of what theirs did, when mine (1) had supplemental water, (2) were much nearer to the creek channel, and (3) were much nearer to an old leaky sewer line (fixed in 1991) than theirs were. The disparity between their 1988 and 1989 riparian maps probably had much more to do with how they measured the riparian vegetation in May 1988 vs. November 1989 than it had to do with plant growth. So for all the previous reasons it is very doubtful there was greatly fluxuating riparian vegetation causing the appli- cant's design problems of intruding into the riparian vegetation. The correct riparian vegetation boundary to use to measure the 20 ft. setback from is the one shown on the applicant's November 10, 5 1989 riparian map. This is the riparian boundary the Council already used at the November 14, 1989, hearing. The Council selected the 360 ft. contour line to set the legal boundary of the riparian vegetation because it coincided with the November 10, 1989 riparian boundary at the point closest to the proposed house site. And it is also the riparian boundary City staff and CDFG staff agreed early in 1991 should be used in preparing the CEQA report and mitigation. Summarizing it was hot Justifiable for the applicant at the recent ARC hearings to blame the City, neighbors, the vegetation, etc. for their design problems. The City was required by the court to do an environmental assessment. Based primarily on the biological consultant's conclusion one house would not have a significant impact on the riparian habitat, the City issued a Negative Declaration allowing the house to remain 1 ft. from the riparian vegetation. During the public comment period no less than six well respected local biologists commented that the consultant failed to assess cumulatively significant adverse impacts, which is a requirement under CEQA. Collectively these biologists indicated that the project would have significant cumulative adverse impacts (due to this and other projects being built too close to local streams) that could be avoided if the project adhered to the City's administrative 20 ft. riparian setback policy. Upon reviewing these professional comments, the biological consultant modified his position indicating, as an issue of fairness, the City should use their 20 ft. riparian setback policy for this project. The City staff appropriately did not overlook the preponderance of new biological evidence resulting from the public review process. They in turn changed the Mitigated Negative Declaration to reflect the necessity of the City's 20 ft. riparian setback as the appropriate mitigation. I feel that the City staff would not have, for any reason, changed the M.N.D. to require the 20 ft. setback mitigation without strong evidence to do so. This was not a superficial decision, but rather one which was in all aspects seriously analysed by City staff and one which was respected by the ARC, as reflected in their final vote requiring the 20 ft. setback. Regarding 'the applicant's APPEAL TO CITY COUNCIL in the Council Agenda Report the applicant correctly stated that their previous project was denied by the court for "procedural errors" . But in correcting the procedural errors by doing the necessary CEQA review, the City determined on substantial evidence that compliance with their own administrative 20 ft. riparian setback was the correct mitigation. The applicant then incorrectly stated in their APPEAL TO CITY COUNCIL that "only a minor portion of residence within 20 foot area" . The house is 67 ft. long and 40 ft. of it, more than half its lenth, projects anywhere from 2 ft. to 12 ft. (the latter measured from the closet deck, or about 10 ft. measured from the closest wall) into the 20 ft. riparian setback zone. That is no "minor" intrusion into the 20 ft. riparian setback area. Also, because the applicant has referred to the court ruling in their APPEAL TO CITY COUNCIL, I request that all the court records on the project legal actions be incorporated into the current Administrative Record and Process. This includes all the 6 involved attorneys' court filed documents, court transcripts, and any other documents the City or court have on file regarding the initial CEQA merits case (petition for writ of mandate, etc. ) and the subsequent attorney's fees case. I think it is important that you read all the biological letters the City has received on this project. But only ca- rew- biologist Judy Neuhauser's letter of October 30, 1991, is attached to the Council Agenda Report. The others are in your reading room, but you may not have easy access to them this week- end, when you will likely do some of your project reading. Therefore, I have variously attached all the others to this letter. Botanist David Keil's letter of 3/5/91, Ornithologist (birds) Eric Johnson's letter of 3/26/91, and CDFG's letter of 2/26/90 are all attached to my letter of October 30, 1991, which is attached to this letter as Attachment 1. The following biological letters are also attached to this letter, all as Attachment 7: David Keil, 6/10/91; Eric Johnson, 6/9/91; CDFG, 6/13/91; Judy Neuhauser (Stream consciousness) , 6/12/91; Atascadero High School biology teacher Roger Zachary (Friends of Salinas River) , 6/15/91; Cuesta College biology instructor Ron Ruppert (Morro Coast Audubon Society) , 6/14/91, and Cal Poly Professor Dr. David Chipping (Calif. Native Plant Society) , 6/15/91. The City has a very good natural resource and fire hazard prevention policy in the 20 ft. riparian setback. It is a policy we can all in the City be proud of, and one that will make an excellent future ordinance that will not harm good development. I am sure the final wording of the ordinance, which I am committed to take part in, will make exception for the development of exist- ing small creek81de lots so this does not become a "taking" of land or property rights. But in this particular project, as an ARC member said, this is not a hardship case, since a comparable project meeting all the applicant's needs can be built upslope complying with the 20 ft. riparian setback and all other City requirements. This is a case of a too-wide house being designed for this lot. So if the applicant does not wish to modify this house further, as I proved could be done at the last ARC hearing, to comply with the 20 ft. riparian setback policy, then it is time to design another one that does comply. Therefore, so all of us can get on with our lives, and so native riparian plants and animals do not become part of the home- less, I ask that the Council deny the applicant's appeal and approve the Mitigated Negative Declaration and the staff Council Agenda Report, and uphold the ARC's decision, each requiring that the applicant design to comply with the City's administrative 20 ft. riparian setback policy. Sincerely, copies: all City Council members Ms. Judy Lautner, staff project planner 7 CHME )r Phil Ashley Architectural Review Commission 1586 La Cita Court 990 Palm Street San Luis Obispo, CA 93401 Box 8100 544-9741(home) , 756-2505(work) San Luis Obispo, CA 93403-8100 October 30, 1991 Subject: Architectural Review Commission (ARC) hearing on 11/4/91 , at 5:00 p.m. , regarding the proposed house project for 1673 La Vineda. Dear ARC Commissioner Following is my comments on the subject project in relation to the upcoming ARC hearing. I live at the above address and share the rear property line with the applicant. I am writing this letter now, since the hearing is just a few days away and the Staff Report is not yet available. However, I expect that the Staff Report will be similar to the Mitigated Negative Declaration (M.N.D. ) issued Oct. 10, 1991, which I have reviewed. I support the M.N.U. and the project Staff Report (as long as the latter reflects the mitigation of the former) , as I will explain. But first I believe the correct name for the associated project creek is Sydney Creek rather than Acacia Creek as stated in the M.N.L. . I have been at fault in the past for using the incorrect nacre, since the name Acacia Creek appears on a sign where the creek intersects Broad Street (Highway 227 ) . The City"s biologist* determined during the City's recent wetland- creeks survey that. the Engineering Department has records referring to this creek as Sydney Creek upstream of its confluence with Alrita Creek near Broad Street. Downstream of this confluence it becomes Acacia Creek. For consistency it is a . good idea to follow the Engineering Department 's precedent referring to it as Sydney Creek above the confluence and Acacia Creek below the confluence . One more minor observation is that on page 4 of the M.N.D. , I believe the correct frog is the Pacific tree frog rather than the red legged frog. I have seen •(and 'heard) numerous of the former, but not the latter on Sydney Creek. Maybe the City's biologist who gained valuable biological knowledge for the City during the recent wetlands-creeks survey could clarify this. * I commend the City for hiring a biologist to do its wetlands-creeks survey. It is my hope that the very valuable function of a City biologist will soon evolve into a permanent staff position. This needed position will also add balance to the City's analysis of numerous projects. 1 My support for the M.N.D. and Staff Report is connected to supporting for this project ( 1 ) the City's excellent tract map condition no. 3 which states "Existing riparian vegetation shall not be removed. " and (2) the City's also excellent 20 ft. riparian setback mitigation in its Administrative Creek Policy, which is now the project mitigation recommended by staff in the M.N.D. and Staff Report. The former mitigation protects the riparian vegetation and the latter mitigation protects the habitat value of the riparian vegetation by providing a necessary buffer between development and wildlife in the riparian vegetation. This contrasts to the applicant's proposal of placing the house 1 ft. from the riparian vegetation and providing a riparian conservation easement as mitigation. However, the riparian conservation. easement is not bonified mitigation since (1) it merely duplicates tract map conditon no. 3 ( "Existing riparian vegetation shall not be removed. " ) for protecting riparian vegetation and (2) it provides no setback buffer to protect wildlife in the riparian vegetation from encroaching development. The City's recommended mitigation has been successfully used on other projects adjacent to the project site and elsewhere in the City. The 20 ft. riparian setback is the best mitigation for protecting riparian wildlife habitat. If all local governments and agencies in California had this kind of effective mitigation, riparian habitat would not now be reduced to less than 10% of what it once was in our state. As Drs. Keil (a Cal Poly botanist) and Johnson ( a Cal Poly ornithologist ) indicated in their letters of 3/5/91 and 3/26/91 (Attachments 1 and 2) regarding this project, riparian habitat in California is endangered. These 2 letters also indicate the biological significance and necessity of the City's 20 ft. riparian setback policy being used for this and other riparian projects in the City. There are various other letters from professional career biologists in the project file also testifying to the importance of utilizing the City 's 20 ft. riparian setback policy for this and ether riparian projects. For brevity I will not attach these letters, but I hope you have time to read them before the ARC hearing. However, I would like to refer to several of these. Judy Neuhauser 's ( a career consulting biologist) letter of 6/12/91, besides mentioning the importance of the 20 ft. riparian setback policy, also mentions the importance of the City utilizing this policy for riparian projects while it is currently in the process of changing the the policy to an ordinance. This will avoid setting inconsistent and confusing precedent. Roger Zachary's (a biology teacher at Atascadero High School) and Ron Ruppert's (an environmental and conservation. biology professor at Cuesta College) project letters of 6/15/91 and 6/14/91 also give Professional biological perspective as to the importance of the City's 20 ft. riparian setback to protect sensitive riparian habitat and the wildlife in it. The California Native Plant Society's letter of 6/15/91 is likewise very informative as to 2 the importance of the City's 20 ft. riparian setback policy for protecting riparian zones. Besides these letters, California Department of Fish and Game (CDFG) has provided two project letters. The more recent one dated 6/13/91 is in the project file. However, I am not sure the one dated 2/26/90 is in the project file, since it was written before the current project administrative process began this spring. For this reason and for the reason it clearly describes the value of the City's 20 ft. riparian setback for providing essential wildlife buffers between development and riparian habitat, I have attached the earlier CDFG letter (Attachment 3) . To limit the size of your packet, I only attached the CDFG letter and not the 5 pages attached to the letter listing the 139 wildlife species that utilize riparian habitat in San Luis Obispo County. However, I have attached a list of 63 wildlife species that I have documented in the riparian habitat of Sydney Creek in and adjacent to the project site (Attachment 4) . I have also included in this list 11 of the native trees and shrubs existing there. As can be seen from the species list, the ecological diversity of this riparian zone is a valuable natural resource for the City. And it is well worth protecting with the City's excellent riparian mitigation recommended for the proposed project. Another important reason to adhere to the City's 20 ft. riparian setback mitigation is to provide adequate fire protection for the proposed house. At the previous City Council hearing for this proposed project, the ex-City Fire Marshall said willow riparian vegetation could require being out back from the house as much as 20 ft. The present Fire Marshall has suggested fire prevention methods that possibly could allow a house to be Placed closer than 20 ft. to willow dominated riparian vegetation. But these fire prevention technics require removal of brush and dead limbs. Both of these naturally occuring riparian elements (brush and dead limbs) are important to the ecological diversity of the riparian habitat, reflected in the attached list of 63 wildlife species. It would be far better for protecting the house from fire by utilizing the 20 ft. riparian setback. Setting the house closer than 20 ft. to the riparian vegetation will only lead to drastic reduction in the riparian habitat value from continual vegetation cutting and clearing in a possibly futile attempt to protect the house from fire. I say "possibly futile attempt" because of what. I saw this past weekend at the site of the devastating Oakland- Berkeley fire. I viewed and photographed some of the burned areas and the one common denominator I saw was that hundreds of dwellings too close to vegetation of all kinds (eucalyptus, redwoods, pines, willows and other riparian vegetation, and various other trees and shrubs) burned to the ground. The City's 20 ft. riparian setback will not only protect wildlife; habitat by preventing development from encroaching too close to the- vegetation, but the 20 ft. riparian setback will also protect the house from potential fire. 3 One final point. I concur with paragraph 3 of page 6 of the M.N.D. concerning cumulative impacts. None of the biologists reviewing this project have argued that the proposed project alone creates a significant adverse impact on the City's riparian wildlife habitat. What nearly all have said in one way or another in their letters, though, is that in order to avoid cumulatively significant adverse impacts to the City's riparian habitat by many projects, each project needs to do its share to avoid cumulative adverse impacts. These biological letters concur that utilizing the City 's 20 ft. riparian setback for all projects where it is possible--as in this case (page 3, M.N.D. )-- is by far the best way to avoid cumulatively significant adverse impacts to our City's valuable riparian resources. In conclusion , I support the City' s Mitigated Negative Declaration and progect :staff Report and their excellent mitigation for this project, which includes the 20 ft. riparian setback and a temporary fence at the 360 ft. contour to protect the riparian habitat during construction. Sincerely, copies: all ARC members Ms. Judy Lautner, staff project planner 4 hlTJAC-tlMEtir i 497 Lilac Drive Los Oso$, CA 93402 Mr. Arnold B. Jones g March 1991 Community Development director . 990 Palm Street : Post Office Box 8100 San Luis Obispo, CA 93403-8100 Dear Mr. Jones: The information presented below includes a summary of my Ptofessional views of the value and importance of riparian vegetation. 1' have added my evaluation of the importance of the riparian vegetation along Acacia Crcek in San Luis Obispo. Before proceeding with this discussion I will gave my qualifications to comment on this matter. 1 ani Professor of Botany in the Biological Sciences Department at California Polytechnic State University in San Luis Obispo. .1 have been on the stall'at Gal Poly since 1976. I ani a plant taxonomist, ecologist. and biogeographer with expertise on the vegetation and flora of California and much field experience, 1 am co-author of CalLromia Vegetatlonl and Vascular Plcnt Taxonomy2 and a major contributor and Asteraceae'family editor for the new Jepson Manual 3. I have prepared numerous botanical surveys and inventories for the County of San Luis Obispo and various other public and private agencies and individuals.. Water in California is a valuable resource. In this driest of drought years all Californians are being made aware of the critical role of water in our lives.- Water is no less critical as a resource for the vegetation and wildlife of California. The brown hills that have Characterized the San Luis Obispo area this winter attest to the importance of water to plant growth—and to all of the animal life that depends directly or indirectly upon that plant growth for food and shelter. In the prolonged absence of water, all suffer, The dry conditions throughout the state during the past five ye2xs have emphasized the importance of water. However. most of California has an annual drought of six months or more duration. The hills turn golden and then a dusty brown. The ground dries up and water becomes scarce. During this annual drought water remains i V.. 1., Holland and D. )Kell. 1990. California {'egetdtloir. 4th ed. EI Condi Bookstore. San Luis Obispo. 2D, lt. Walters and D. 1. Kell. 1988. Vascular Plant Taxonomy, 3rd'ed. Kendall. Hunt Publ. Co., Dubuque, Iowa. 3J. :C. Hickman, ed. The Jepson Manual. projected 1992. Univerciiy of Callfornla Press, Berkeley. This is an identification manual for the wild plants of California. 2 available only in small portions of the landscape. Riparian areas--the narrow bands of moist ground along streams and other wetlands— become critical sources of water to the thirsty animal life of the state, Because streams and rivers cut across the landscape. riparian areas have generally been accessible to wildlife of adjacent hills, valleys, and plains. That is, until the current century began. Dam construction, stream diversion, and pumping of groundwater have all contributed to the drying of California streams. Flood control projects and canals now divert streas from their original course to the sea. Thm e remaining riparian areas are now that mach more important as water sources to wildlife. Riparian areas are also very important as wildlife habitats.4 The multilayered canopy provided by the assorted trees, shrubs and herbs prgvides a diversity of nesting and feeding sites for birds arid mammals. Riparian areas are productive habitats, especially at tunes when plants of other communities are dormant. The moisture of the stream is an important summer water source in the dry California landscape, The nutrients added to the stream and the alternating . shaded and sunny zones of the patchy vegetation are'tmportant to stream ecology. The vegetation is an important component of the habitat for fish and other aquatic animals. Biotic interactions in riparian systems are complex, involving many types of organisms. Riparian vegetation is especially important in determining the structure and function of stream ecosystems.$ A wide variety of animals use riparian areas as habitat. Most of these are ; non-game species. About 83 iib of the amphibian species (frogs, newts, etc.) and 40 % of the reptiles use riparian areas as habitat.e Many kinds of birds use riparian vegetation for food or living space. Mdmmalian species include those visiting stream habitats for water as well as those resident in the area. Corridors of riparian vegetation are particularly important as routes for movement.of animals. The wooded corridor that characterizes much riparian vegetation is important in Another fashion--erosion control. When streams flow rapidly after storms, they carry the potential of massive erosion. Running water is capable of much destruction. Riparian vegetation has the ability to stabilize banks and floodplains, reducing 4 This paragraph is quoted from Catlfornla Vegetation, ibid. p. 281. S A. W. Knight and R. L. Bottorff. 1984. The importance of riparian vegetation to stream ecosystems. Pp. 160.167 In R. E. Warner and K. M. Ht:narlx (eds.), California Riparian System R. Ecology, Conservation, and Producilve Managcrnent. University of California Press, Berkeley. 6J. M. Brode and R. B. Bury. 1984. The importance of riparian systems to amphibians and reptiles. Pp. 30-36 fn R. E. Warner and K. M. Hendrix, ibid. f 3 3 the erosive forces of the flowing water. Removal of the woody vegetation along California streams has often led to increased erosion. Destruction of California's riparian habitat has beer! especially severe. Less than ten percent of the original riparian vegetation of California remains.? Over much of the state the trees have been logged, the streams have been dammed or enclosed in concrete, and the landscape has been converted to other uses. Where towns and cities have grown up along streams or rivers, the riparian vegetation has often been eliminated or highly modified. Much of the loss has been incremental—a small band of willows destroyed here, some cottonwoods cut down there, a section of once Iush woodland vegetation diverted into a culvert. Many individual projects, such as residential construction, eliminate their own little sections of riparian habitat. No one of these by itself is seen as a significant loss, but collectively these changes bring about a reduction or elimination of habitat values. The destruction of riparian vegetation :caused by the preliminary Orading for a house at 1673 La Vineda along Acacia Creek in San Luis bispo is an example of such incremental loss of habitat.- What had been part of a shaded, willow-dominated corridor with scattered oaks and other shrubs and trees was transformed in one day into a highly erodible area exposed to full sun, The open ground is subject to the invasion of weedy exotic species of low value as wildlife habitat. In view of the importance of riparian habitat, 'restriction of development to non-riparian habitats is a wise policy. When I prepare vegetation surveys, I am particularly cognizant of the importance of riparian habitat and I make sure that reports that I prepare note any Incursions by developers into riparian areas and the habitat values of these areas. I note two things about the Acacia Creek development. First, there was no survey of the site by a qualified biologist. Second, it Is evident that the City of San Luis Obispo chose to deliberately ignore its own guidelines for development in such areas, even after the matter was brought to their attention. The needless habitat destruction that occurred in this situation is an egregious example of policy gone au7y. The situation easily could have been avoided had the city followed the 20-foot riparian setback prescribed in its own Administrative Creek Policy. I am concerned that similar deliberate �dolations of its own environmental policies by the City of San Luis Obispo could continue to occur. However, the court's decision in the case of Phil Ashley vs, the City of San Luis Obispo is a clear indication that such policies should not continue. As a result of the decision, the city should now be more 9 A. 5iarker Leopold. 1984. Forward. Pp. xxi•xxil in R. E. 1 Rrntf and K. M. l;cndrlx , )bid. 4 dill ent in g carrying out environmental responsibilities under its own rules and policies and those of tje California Environhiental Policy Act. As :indicated above, there are sound ecological reasons for having environmental restrictions on development--such as a 20-foot riparian setback. We cannot afford the continued incremental destruction of riparian habitat. Sincerely, David J. Keil �. 4TrA(, f MF Q7r 2 C)L POLY CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN Luis Oeisro,CA 93407 Eric V. Johnson, Ph. D. Mr. Arnold B. Jonas Professor of Biology Community Development Director Biological Sciences Dept. 990 Palm Street 26 March 1991 Post Office Box 8100 San Luis Obispo, CA 93403-8100 To whom it may concern: Mr. Phil Ashley has asked that I comment on the biological value of riparian systems as regards his legal action against the City of San Luis Obispo. I have an earned Ph. D. in Wildlife Science from Cornell University ( 1969) , and teach Ornithology, Animal Biology, and Conservation classes at Cal Poly. I have served the City of San Luis Obispo on its Laguna Lake study committee, and have worked with its consultants on the Laguna Lake management plan. Riparian habitat in central and southern California is an endangered habitat. Agricultural operations and urbanization have destroyed much of what used to exist. Because of its rarity in our essentialy arid environment, it supports native wildlife far in excess of what one might expect based on its area alone. San Luis Obispo is fortunate to have a fairly undisturbed network of riparian corridors running through the city, and it is vitally important that these corridors be maintained in as- natural a condition as possible. If they are lost or further degraded, much of the native birdlife that depends upon this habitat will also be lost. Riparian habitat within the city limits supports resident native birds that breed here and are present year-round; it is a heavily used "stop-over" habitat for migrants that pass through our area in transit from breeding to wintering areas; and it supports a large variety of wintering species that breed to our north. It is important to note that most of the species found in riparian areas cannot be supported in the "suburban woodland" that develops with the planting of exotic ornamental trees and shrubs. Many of these plants support little or no insect life that can be used by native birds (e.g. eucalyptus) , nor is the structure of these artificial habitats appropriate for many native species. ' THE CALIFORNIA STATE UNIVERSRY The riparian habitats within the city also serve as travel corridors for wildlife, connecting pieces of appropriate habitat with well-watered native shrubbery and small trees. Loss of these corridors can lead to severe fragmentation of populations, and in the long run can be expected to result in the extirpation of many native species from the local scene. San Luis Obispo is at present in the fortunate position of retaining much of its native birdlife, but destruction or disturbance of the riparian systems could well leave us with a typical urban assemblage of such nuisance species as Starlings, House Sparrows, and Rock Doves, with only a sprinkling of what few native species can survive in the "suburban woodland" . The City of San Luis Obispo has been far-sighted enough to value its riparian habitat and to require tha-t structures honor an appropriate set-back, both to avoid flood damage and to preserve this vanishing habitat. I think the city is aware that destruction of riparian habitat and compaction of the soil by human and domestic animal intrusion is a major cause of flooding (too much run-off when the area has been so disturbed) . Keeping human activity away from these corridors is also important to wildlife, since constant disturbance by both people and domestic animals can make this habitat useless for native species. I commend Mr. Ashley for his persistence and endurance in pursuing his case against the City of San Luis Obispo. He has helped preserve a habitat critical to many of our native species, and has thus contributed directly to maintaining the biological diversity of the city which so many people enjoy, and which sets this city apart from other urban areas . in southern California. Sincceer�ely�� Eric V. Johnson, Ph. D. Professor of Biology Biological Sciences Dept. =•EP 17. '9G W:EZ YOU 'LLE F3 r.c STATE OF CAUFORNIA-TIE RESOURCES AGENCY ASA CHNI ENT „3 GEORGE oeutmUtAK 0...e�., DEPARTMENT OF FISH AND GAME POST OFFICE bx q MW i TOWNILLF, uuroRNIA 943" ' vstis3o0 , _ February 26, 199 i I I Mr. Mike Multari 1 Community Development Director ! City of San •Luis• Obispo P. O.. Box •8100'• ' San Luis bbiapo, CA %93403=8100 iJ Dear Mr: Maltarii ... . Department of Fish and .Game staff have recently been contacted by homeowners in the La Vineda area of San Luis Obispo. Ms. Karen Worcester, Pishery Biologist, met onsite to discuss a proposed home to be built at 1673 La Vineda and to evaluate riparian habitat in the area. i We understand that this site has been declared a Sensitive Area and a condition of the permit vas that all existing riparian habitat be dedicated as it permanent open space easement. We agree that these are appropriate measures for development of this site, although riparian vegetation was already protected as a condition of the subdivision approval. However, we are concerned that the house designed for the site f does not permit an adequate setback from the vegetation. It is I our understanding that the city's a dministrativo policy is to require a 20-foot creek setback Erom the top of bank. Administrative policy also requires the dedication of permanent open space easemerrts which include the entire drainage channel crossing the site, as well 'as the 7.0-foot setback from the top of. bank. In this case, the northeast portiori of the house will be essentially adjacent- to thea •riparian corridor, and a deck will cantilever slightly over the willow canopy. An open space easement does not guarantee preservation of habitat quality, if I human encroachment such as this is permitted. Adequate setback from vegetation is critical if riparian corridors are to continue to support their existing diversity of wildlife. Enclosed is a list of species in San Luis Obispo County which utilize riparian vegetation for some portion of their life cycle. One hundred thirty-nine speci4?s are listed, and for 30 of these, i SEP 17 'wi =t::�'� -4A IT VILLE F.': P. Mr. Mike Multari -2- February 26, 1990 ;.;riparian :vegetation..r.oprosents•.critical habitat. Without well d.evelopedi-.-.und'isturbed .'corr.idors, the inore•:'sensitive. 'speci'ee: on "'• this list- will no longer -tie'. found in urbanised areas::' For this reason, we feel that exceptions to your setback policy should be made onljP under extraordinary circumstances. Given the site of the lot, it appears that alternatives may be 'available which would not impact this area as much as the current design. Two of the Architectural Review Commission criteria With which housing plans on Sensitive Sites are to be reviewed are that 1) they generally be built close to the street, and 2) they be built in stepped levels to' conform to the slope of the hill. . Applying these criteria may help. edsure that an adequate setback• from the ripariah i•s pCBsibla. 'We have met with City planners in the past and have encouraged them to Work with us on sensitive projects, particularly where creek buffers may be encroached upon. Given that, the area has been designated a Sensitive Site and residents have expressed concern over impacts to the natural resources of the drainage, we would have welcomed an earlier opportunity to become involved in the review process. We look forward to working with the City on review of future projects such as this one. If you have questions about our comments, please contact Karen Worcester at (805) 927-8590. Sincerely, 0621nai Signed by BRIAN BUNTER ' Tian Hunter Regional Manager KW/def Region 3 Enclosure ' San esoenhL � OsUnC i lCetWces£ r, Se � r or Y T GRATES I HAVE0B5ERVED IN THE RIPh?IAN 70141^' #613 er wildlife and p ants(MPt herbs) (ONF. Tb SEVERIW: BirdsAI pave Observed in the Backyard I. GfZA`(FOx Riparian Vegetation at My House (1586 La ,�, OPOSSUMCita Ct.) and the Applicant's House Site 3 jZACGGbN (1673 1a Vineda) From August 1987 to May 1991 it. PRUSH IZpBI51 T S.B1AW M10 JACb MMIT 6.POCKET GOPNER T. KING SNAM 8.Pir5TV N FITM LIAW 9.SCx.UMERN AW( MR LIZARD b.PAU FIC TRM I`R>& I/. WESTERN Tana 12.UNIDENTIFII:.D BATS 1. Western tanager 23. Yellow warbler 13 MLu1-E PIER 2. House fince 24. Rufous-sided towhee llt WESTPW P"TvRnE- 3. Mockingbird 25. Red-shafted common flicker 4. Scrub jay 26. Audubon's yellow-rumped warbler 5. Brown towhee 27. White-crowned sparrow 6. Brewer's blackbird 28. California quail 7. Anna's hummingbird 29. Golden-crowned sparrow 8. Mourning dove 30. Chestnut-backed chickadee 9. American crow 31. Hutton's vireo 10. House wren 32. American kestrel* 11. Downy woodpecker 33. American robin , 12. Bushtit 34• Lesser goldfinch 13. Hooded oriole 35. Ruby crowned kinglet 14. Black phoebe 36. Cliff swallow (catching insects above creek) 15. Buropean starling 37. Bullock's northern oriole 16. American goldfinch 38. Red-winged blackbird 1qAT1VE5flKJB5$TKEES 17. Nuttal's woodpecker 39. Black-headed grosbeak INTHIS RIPARIfIN;WN F- 18. Belted kingfisher 40. Say's phoebe /,Wua0Q(5a(ix s ) 19. Turkey vulture* 41. Great horned owl 2010 6RYdAGf/d1, Umba uluri� 20. Red-shouldered hawk 42. Rock dove (domestic pioeon)z COLIXOrn, 21. tL'illov flycatcher 43. SteRer'8 jay U 3.WAST WEdAi( Quercu�s��ag�-+'fo); 22. Wilson 1s warbler 44. House sparrow f CALIF*(:AMORE UPS7R+:i M 45. Purple finch (PlatanuS racimosa) ... HOLLY-LPAvED CHEAW(Prxv, =�fo. AshOtl+rcated f lycatner i l lc i FoNa) 17. Orar%q e-c-rowvi ed warbler 6. Star ELDF,AspRlt`i'(S u IF. RuFou% b m mi bind mexicana) n9 7. CPl,►F.COFFEE-8l72;'(Rhxnnu5 44. Nashville warbler S. PoIla1,J OAK(Tozi=dWron dlYersiloW 03 9.COYOTE Brdkc4{(eacchArl 10. PLUS VAPOL4SHER85 f All birdslexcept those marked with an asterisk, were observed in t SWNFM�jSSOWf1(/ A" MATM riparian vegetation. Those marked with an asterisk were observed flying over .5}iRU85'%'T= the riparian area. I. CAur PEPPQZ TTcF.E (Schinus molle z.APWCOT(Pr s A rmeruac,-., 3.y�CTb1;1AN-B6X, (P,trospazantatQuld'� 4 PRIVET Ct;9uslrum japonicum ED&5 ot.- vk:x71x- rr tviv f6fl1Mr.tjMF � .Z. 73 L09 v/ I✓ee62- p I SCALE. : 43 m m j.../ ; ... ; _ MayjqjSb /'i ,.•�r'��, ..'.aid,. ...... .... -�•�•'�- -•- • _ •----1---- .aA �• - ........ . .,- • pV. R - - --.. . - . - -- 4... i4 84 -- SrTE p stto [NC P(E INTWOO& 10`1NTa RIPARIA _ -.-_ O Va-M ION EVEN ----- - - rfjE APQl.I ANs 7- VEGETA TION LINE: -••-.......................... .. . .. ...... ..•--- -----------f'- --yam `` �. 00174 1 z . i v A rACHM'Vr 3 �F `� a 2ajIQL -4 - � V)j < �o LL xx� 2 � XXL >,, I-� 1. CL ui`O� X kX X �� �� OCQ Lu X � � X ~� IV) g�- �.� llr 4:v�• 1} `. , X� CL* ` L f t� � I - OO Ld • � 1 � I �04 1XX-C � 1 0ga 2 3 u Uj 4 =E •` L — cn S ! 80 00079 / wl WIN i42 W • _ 7- ,ter-.r-•v = W.. 1.L -- 4 t $ , T ` •t \ f _ 1� Y Y • .� I ► • 1 r v • ♦ ♦ , i F 7 2L., 1 �. "i 7� y�-' h Y 1 p t ✓~ t y5,\�. b -1 ✓ T 1 { t I5 .b�`''; r� - t� 1.�• �, / ,r ti..- � y.�h �' , 1 � r i•r^. � e i 1 1 • ' . . . . . ► ♦ SO ell r• � r S -j• 11�e��1' r$ vP . y it y c .? • by �.. 4 4 { �.1q, i 1 1 n I. r . S 1 . t � /Y • 1 ��: r 1{ r ■ • t .I ♦ \. Aw s AP A 1 ♦ • /: ► /♦ 1TAcNMEnli 7 VARtOU5 CAREER 13I0061575 ' PROJECT CAMMENT =ERs F0U&O A5 RTfACHM€ M 7 CrH� Rrr� 7 �s iN �,utn�ur -r) Sri 7 IIZs Dr. David J . Keil Profamrsor ;of Botany Biology Department : Cal Poly University Me. Judy Lautner :. San Luis Obispo, Ca 93402 Project Planner 10 June 1991. Community Development Department Post'Office Box 8100 San Luis Obispo, CA 93403-87.00 Dear Mo. Lautner: , • I provided Mr. Ashley the attached letter of b .Mareh 1.991, on the proposed 1673 La Vineda house project ,adjacent to riparian vegetation of Acacia Creek to give to the' City when .the owners reapplied for a house. Mr. Ashley said he was under the i.mpreealon the City would notify him and others of the project before the court ordered Environmental analysis was made so important biologioal Information could be included i.n 'the ProJeot; as the necessity of . a riparian setback. Apparently this 000rdination .was overlooked, by the City and the Environmental Initial Study "has .been oomplet�d recommending a Negative Declaration be issued for the same project that the court nullified. For these reasons I am now providing my March 5 project letter to the City as part . of these oomments on the Initial Study Report. The letter describes the, biological significance of riparian vege- tation and the adverse Impa.ots unmiti.g6ted or inadequately miti-. . gated developments have had on riparian habitat in California and locally. Then, as now, I recommend the City follow their 20-foot riparian eetback. policy. A conservation basement without a rip&� - ian buffer may appear to proteot the vegetation; but in reality ; It does not. Riparian plants have. evolved integrally with riparian . animals. Just an animals rely on plants for needseities as food, • cover, and breeding habitat, plants rely on animals for necessities as pollination, seed disper.eal , fertili.zi.ng, and pruning. Therefore, . a riparian setback that is necessary for preventing Adverse impabts . to wi.ldlife (animals periodically fleeing" or permanently emigrat).ng . from the trite) , also is necessary for preventing adverse impacts. to riparian vegetation . resulting from the loss 'of interdependent wildlife. To prevent incremontally si.gni.f..icant: adverse impacts from occuring to riparian ecosystems, each development pro.iect, small, or large, should abide by the City' s 20-toot riparian setback. The City's Environmental Initial Study Report does not provide this critical. riparian setback and without it a Negative Declare= tion should not ba issued. Sincerely, AL'tachment David J. Keil &D OF LEM KLUIVL_ C)L POLY JUN 141gg1 City of San Luis Obispo CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN Luis Owsro. CA 934::; BIOLOOICAL SCIENCES DEPARTMENT IS05) 7%-2778 Mr. Arnold B. Jonas Eric V. Johnson, Ph. D. Community Development Professor of Biology Director Biological Sciences Dept. 990 Palm Street 9 June 1991 Post Office Box 8100 San Luis Obispo, CA 93403-8100 Subject: Environmental Initial Study Check List and Report of the proposed 1673 La Vineda house project in the City of San Luis Obispo. Dear Mr. Jonas: Earlier this year Mr. Ashley asked if I would provide my opinion on this project regarding the importance of riparian habitat to birds and other wildlife. I have attached my letter of comment dated 26 March 1991. At that time Mr. Ashley told me the City would inform California Department of Fish and Game, neighbors, and him when the City was ready to begin the Environmental Initial Study and he would then give my letter to the City for early input. Mr. Ashley now explains that the Environmental Initial Study has been completed without this early public coordination. I note that the current project is the same as before the court action and a Bet-back has still not been provided to protect the riparian wildlife habitat. For the biological reasons explained in the attached letter, the Initial Study and proposed Negative Declaration are inadequate without a riparian buffer. This deficien- cy can be corrected by the City requiring compliance with the 20 ft. riparian set-back mitigation prescribed in their Administrative Creek Policy. Thiswill avoid the cumulatively significant adverse impacts associated with riparian house projects in the City and ad- jacent areas. If the City's 20 ft. riparian set-back mitigation is incorpo- rated into the project, a Negative Declaration would be appropriate, otherwise an EIR should be done to discuss the pros and cons of unmitigated adverse impacts on riparian wildlife. Sincerely,,/ G' L� Eric V. Johnson, Ph. D. Professor. of Biology Biological Sciences Dept. THF CALIFORNIA 5TATF L N:E'ER SIT I' Pete Wilson STATE OF CALIFORNIA—THE RESOURCES AGENC. _ ZROMIEN EM1110113ADL Go emw DEPARTMENT OF FISH AND GAME - 2201 GARDEN ROAD u —1 MREY, CA 93940 q 649-2870 - kEl;tivc_ JUN 1? 1991 June 13, 1991 CO w San Luis vasa Ms. Judy Lautner, Associate Planner City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Ms. Lautner: Initial study on 1673 La Vineda, San Luis Obispo Thank you for the opportunity to comment on the initial study for the subject project, which includes construction of a single-family home on a 20,460 square-foot site. The site slopes from the street down to Acacia Creek, which supports mature riparian vegetation and associated wildlife. On February 26, 1990, after the City's issuance of a building permit, the Department sent your Community Development Director a letter expressing our concern about the lack of riparian setback for this project, the sensitivity of this type of habitat, and our recommendation that exceptions to this setback be granted only under extraordinary circumstances. Since that time, the City was sued by a concerned resident regarding inadequate compliance with the CEQA process; since the project site had been declared a "sensitive site", a categorical exemption was not appropriate. The existing permit was revoked as a result of this suit. The new project appears to be essentially identical to the old one, with the exception that it is undergoing CEQA review. The Initial Study checklist identifies that possible adverse effects to plant life, animal life, and aesthetics may exist. We are concerned however, that in the Initial Study checklist, the project is not identified as being in conflict with adopted plans and goals of the community and neighborhood where it is located. It is certainly nonconforming with the City's Hillside Planning Guidelines which if complied with, as we mentioned in our letter of 2/26/90, would allow the house to more easily meet setback requirements. It also does not conform with the City's Administrative Creek Policy, which identifies that riparian 1 Ms. Judy Lautner, Associate Planner June 13, 1991 setbacks less than 20 feet may be acceptable if 1) the channel is judged not to be a significant riparian corridor; 2) the lot is small, and reasonable development without some exception is impossible; or 3) the lot is a small infill site where a clear pattern of lesser setbacks has been established on both sides of the lot along the creek. With respect to these three items, both our Department and your consultant identified the habitat onsite as being of significant value, all neighboring houses are set back at least twenty feet from the riparian vegetation, and the lot is quite sizeable. It is our understanding the original rationale for permitting the exception was that the owners were elderly and desired a single level living area. This should be somewhat less of a consideration now, as the lot is for sale and will apparently not be the home of the current owners. Item P10 of the Inital Study checklist has not been identified as .an impact, and yet this more than any other item is of concern to our Department. This checklist item addresses those impacts which are individually limited, but which are cumulatively considerable. Though this is a small project, if exceptions to setback standards were to be granted to every development on the creek, the resultant impacts to the riparian corridor and the sensitive species which inhabit it would be substantial. This item should be identified as an impact. We believe that in instances where setbacks can readily be met, exceptions should be granted only when there is substantial cause. In our opinion the City has not shown adequate cause to justify this exemption. Setbacks which are designed to protect habitat should be given at least as much consideration as those designed to meet street and property line standards. We are extremely concerned and disagree with the biological conclusion drawn by your consultant, which implies that wildlife which are disturbed by the encroaching development will simply move, and that because of existing development sensitive species are no longer present anyway. We disagree with this conclusion. The species list developed by a concerned neighbor, . which includes several sensitive species, speaks for the biological diversity of the area. The whole purpose of establishing setbacks is to minimize disturbance to these species, perpetuate wildlife resources in their natural habitat, and maintain ecological diversity. Sensitive species will not remain in the corridor if disturbed, which is the precise reason we recommend that adequate setbacks be maintained. In the Summary of Initial Study Findings (dated April 19, 1991) , to protect wildlife the nearest deck was to be set back ten feet at a minimum from the edge of the riparian area. We find it interesting that in the second issuance of the Summary of Initial Findings project (5/9/91) , this recommendation was actually removed, perhaps based on the statement by your consultant that he felt the amount of disturbance to wildlife would be the same at either 2 Ms. Judy Lautner, Ass( to Planner June 13, 1991 ten feet or four feet, the original setback. We agree .that both .setbacks are inadequate, and as such neither may accomplish the desired buffering effect. However, particularly if vegetation may at some point be cleared for fire control purposes, a ten foot buffer is definitely more desireable than a four foot buffer, and we do not understand why the City deleted this mitigation measure. It is our understanding that a condition of the subdivision tract map was that existing riparian vegetation was not to be removed. City administrative policy also requires dedication of open space easements which include the entire drainage. channel as well as a 20 foot setback. Mitigation recommended in the Initial Study Findings for this specific project state that the property owner shall grant the City an easement for .the riparian area only, and that vegetation may not be removed except for fire protection or other hazards, or for the eliminaticn of diseased growth with approval from the Community Development Director. Therefore, it appears that mitigation measures proposed to offset the impacts of the project are less protective than those already in place for buildings outside the 20 foot buffer. In order to truly offset impacts, it would be appropriate for the owner to additionally create and maintain riparian habitat elsewhere on the drainage, if development must occur within the twenty foot setback. However, the most desireable form of mitigation is avoidance, and we therefore recommend that the structure be redesigned to remain outside the twenty foot buffer entirely, thus complying with city policies. If you have questions regarding these comments, please contact Karen Worcester, Fishery Biologist, P.O. Box 1535, Morro Bay, CA 93443; telephone (805) 772-4122 . Sincerely, h Brian Hunter (! Regional Manager Region 3 cc: Worcester KW:KRA/ts 3 of z ar-S STREAM CONSCIOUSNESS LOCAL AFFILIATE OF THE URBAN CREEKS COUNCIL 531 Highland Dr. Los 0sos, CA 93402 Arnold Jonas RECEIVLL. Community Development Director cQty of San Luis Obispo JUN 131991 Palm m St. rAy o1 Sen Luis ODispc San Luis Obispo. CA 93401 June 12. 1991 Dear Air. Jonas; We ,would like to take this opportunity to comment on the Negative Declaration and mitigation measures for the project at 1673 La Vineda fER 6- Yl. We have reviewed most if not all of the pertinent documents surrounding this project. We would call your attention to the fact that the California Department of Fish and Game, Dr. David Keil, and Dr. Eric Johnson all strongly recommend maintaining a full minimum setback of 20 feet from the riparian vegetation. We concur with their recommendations. The riparian corridor in question is without a doubt of significant biological value. The width of the vegetation and the species noted in the area attest to this. Dr. Eric Johnson eloquently outlines the reasons for maintaining the riparian corridors in as natural a state as possible. The Administrative Creek Polic}' was devised to set guidelines for treatment of riparian corridors under consideration for development. Chile it does not have the force of law that an ordinance has. it can be a useful tool to protect the integrity of the riparian habitat if it is used consistently: The Administrative Creek Policy allows exceptions to the 20 foot set-back and is quite explicit in the criteria that should exist before an exception is granted. The project in question meets none of the criteria for reduced setbacks. In fact. it appears that the project could easily be moved forward on the lot to avoid encroaching upon and impacting the habitat. A re-design of the project could accomplish all goals for the project. This seems far preferable to reducing the allowable riparian setback to 1 foot. We would like to call your attention to the work in progress on the drafting of an ordinance for the protection of riparian habitat. It is the chipping away at habitat that must be stemmed if the habitat is to retain significant wildlife value. If the Administrative Policy were actually enforced as written, perhaps there would not be a need for such an ordinance. It is exceptions such as the one under consideration that make the need for such an ordinance apparent. Of particular concern is the condition that states that removal of vegetation may take place for reasons of fire protection. It is my understanding that the Fire Chief may. require the removal of any tree branches within 20 feet of a structure. This may result in the significant loss of Wiuow, cover along portions of the corridor. When a structure is set close to the riparian habitat (in this case as close as l foot), the issue of impact on the habitat becomes an ongoing issue. The stage becomes set for continuing maintenance and pruning of the trees since they are growing so close to the living quarters. With a greater setback of the house from trees. the need for continual pruning and impact decreases substantially. A riparian corridor should be an amenity for housing. providing the occupants with an opportunity to observe wildlife. By crowding the two together, we suspect that the human and wildlife needs will continue to collide. Setbacks allow the buffer to alleviate these stresses. Fere the structure to be moved 20 feet from the vegetation. these would no longer be issues. While removal or disturbance of habitat near one single family dwelling may not appear to have much impact upon the habitat, one must look at the cumulative impact of many such projects. One must also look at the precedent one is setting for future development along riparian corridors. Let us set the best of examples. Should you have any questions, please contact me at 528-0833. Thank you for your consideration. Sincerely. Judy Neuhauser Or 7 LMW ger Zachary KECLIVL_ eriends of Salinas River 1800 Traffic Way JUN 17 1991 Atascadero, Ca. 93422 City o+San Luis obispc. June 15 , 19 91 -.q._. n•velD'_ Mr. Arnold B. Jonas Director of Community Development 990 Palm Street San Luis Obispo, Ca. 93403 Dear Mr. Jonas: I am commenting on the 1673 La Vineda project with regards to the impor- tance of preserving the riparian habitat along Acacia Creek in San Luis Obispo. I have a B.A. degree from Long Beach State University (1970) and pre- sently teach Biology and Earth Science at Atascadero High School . I am an active member in North Cuesta Audubon Society and spend much time ob- serving Avian life in S.L.O. Co. I 've helped the city of Atascadero with their creekway project by being a member of their Creek Planning and Mapping Committee. Preserving what is left of .our riparian habitat is a goal of which I 'm personally committed. Keeping the riparian eco- system "in tack" is very important because much of this community has already been infringed upon and destroyed. Presently, I 'm involved in a newly formed group called "Friends of Sal- inas River" . Our objective is to preserve the Salinas River and its tributaries. We are emphasizing the importance of preserving the Sal- inas River watershed, its wildlife and natural resources. Preserving the habitat is the first step in preserving the organisms that are a part of it. Concerning the 1673 La Vineda project, I recommend: 1 . Adhere to the city's established 20 ft. riparian set-back policy. 2 . The conservation easement needs to be maintained as to no reduction of riparian vegetation. 3. That the city address the biological questions in the "Environmen- .tal Initial Study Checklist" under "K and L" about the impacts upon plant and animal life. 4. The city should consider the cumulative significant impacts for smaller creekside projects adjacent to critical riparian habitat. 5 . Consider the adverse long term effects of this project to wildlife and its habitat. Sometimes man invades ecosystems without understanding his actions. Preserving riparian habitats will in the long term bene.f.it the integrity of the natural and man-made worlds. Please consider my points. Sincerely, er Zachary Friends of Salinas River aF 7 ��25 Morro Coast Audubon Society, Inc. A Non-Profit Organization kECEIVt4 ` JUN 14 1991 Crtr of San Luis obLW Mr. ArTOld B. Jonas Community Development Director -- -' 990 Palm St. P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Mr. Jonas, It has been recently brought to my attention (Mr. Phil Ashley) that a proposed home site development at 1673 La Vineda in SLO will have signifcant impact upon a riparian habitat since the city' s own 20 foot riparian setback policy is being circumvented. Having returned from vacation, I have learned of this matter only lately and wish to make my comments brief since I have little time to comment more fully. This should not suggest that I am any less concerned. Others (Drs. Eric Johnson and David Keil) have written of the value of the riparian area and I wish to concur with them. The riparian habitat is sensitive and endangered. The real issue is why the city has chosen to deny its own policy on riparian setback and allow this project to proceed with only a 1 ' setback and no adequate mitigation. The alternatives show how a home of similar design can be built on the existing lot while maintaining a 20 ' setback. This setback would help to protect sensitive riparian species. As an organization committed to the protection of organisms and their. habitats and we strongly suggest that you reconsider this issue and elect to protect this valuable habitat. Thank you for your consideration in this matter. Ron M. Ruppert President Post Office Box 160 • Morro Bay, California 93442 7 OF ' L ER'EZ THE CALIFORNIA NATIVE PLANT SOCIETY June 15, 1991 To: Mr. Mike Multari Community Development Director City of San Luis Obispo From: David H. Chipping Conservation Co-Chair ' San Luis Obispo Chapter California Native Plant Society 999 Pismo Ave,Los Osos, CA 93402 Re: Project ER 6-91, 1673 LaVineda The California Native Plant Society has reviewed the check list for environmental initial study, the environmental initial study,and subsequent study reviews of this project, and also the mitigated negative declaration for the project. Mr. Ashley has provided us with copies of letters from Drs. Johnson and Keil,and from the Dept. of Fish and Game.The California Native Plant Society concurs with the sense of all of these letters,in so much as we strongly object to the violation of the 20 ft. setback requirement for creeks and riparian zones. We feel that the setback is needed to conserve the integrity of the zones, and to avoid intrusion of disturbance into the zone. We are especially concerned that future fire safety requirements may lead to even greater incursion. We particularly object to the comments in Council Agenda Report that, simply because setback policy is administrative rather than an ordinance requirement, the policy can be violated. There is a reason for the policy,albeit administrative, and rbat is that riparian communities are becoming increasingly rare, and that they are conceived to have value. We note also that the same floor area for the house could be built without setback violation,and therefore we we see no justification to policy violation in this particular case. Sincerely JA14. ` --) Dr. David H. Chipping DEDICATED TO THE PRESERVATION OF CALIFORNIA NATIVE FLORA