HomeMy WebLinkAbout10/06/1992, 2 - CONSIDERATION OF AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION TO ISSUE A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CREEK REPAIRS PROPOSED ADJACENT TO THE LAGUNA LAKE MOBILE ESTATES MOBILE HOME PARK LOCAT lllN�l�`Ill�lllllnlll I�I MEETING DATE:
city of _sap JIs oBIspo 110-6-94
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold B. Jonas Community Development Director;
By: Pam Ricci, ssociate Planner PR
SUBJECT: Consideration of an appeal of the Community Development
Director's determination to issue a Mitigated Negative Declaration
of environmental impact for creek repairs proposed adjacent to the
Laguna Lake Mobile Estates mobile home park located at 1801 Prefumo
Canyon Road.
CAO RECOMMENDATION:
Adopt the Draft Resolution denying the appeal, upholding the
Community Development Director's determination and approving the
proposed creek repairs.
DISCUSSION:
Background: Reason for Creek Repairs
On August 6, 1991, the City Council approved a request by the
owners of Laguna Lake Mobile Estates for an exchange of property.
The property exchange was proposed because a recent survey
indicated that portions of the mobile home park improvements
encroached onto the City golf course. The property was surveyed in
order to prepare the tract map for the pending condominium
conversion of the mobile home park (Tract Map NO. 2038) .
Laguna Mobile Estates proposed to exchange 5 . 3 acres of creek area
and open space for about 0. 1 acre of City golf course property
where the encroachments occur. The property exchange included a
condition requiring needed creek stabilization and repairs to be
completed prior to recordation of deeds finalizing the exchange
(Resolution No. 7011 attached) . The City Council in conditioning
the property exchange wanted to insure that the creek was in good
condition prior to accepting title to the area.
City Staff Review
City staff, including representatives from Public works and
Community Development, has met with Department of Fish and Gar.
staff, representatives of the park and project engineers to review
proposed repair plans in the field. Based on input from the
various parties represented, changes to creek plans were made.
Community Development Department and Fish and Game staff both
preferred to see a more environmentally-sensitive approach to
repairs which minimized the amount of rock slope protection and
increased opportunities for native planting. Staff supports the
latest set of plans as they address the dual concerns of erosion
protection and riparian habitat enrichment. Proposed repair work
has also been endorsed by the State Department of Fish and Game and
U.S. Army Corps of Engineers.
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COU CIL A SNDA REPORT
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Time Schedule for Repairs
Repairs need to be completed by October 31, 1992 , in advance of the
date assigned for the beginning of the winter rainy season. If
repairs cannot feasibly be completed by this date, they would need
to be deferred until next year, between April . l, and October 31,
1993 . The project engineer estimates that the repairs shown on the
latest set of plans can be completed within 10 working days. With
a decision made at this meeting that does not involve significant
changes to plans, the creek repairs could still be feasibly
completed this year. City staff is of the opinion that it is in
the best interest of all concerned, the City, park residents and
the current park property owners, to complete creek repairs this
year.
Environmental Review of Creek Repair Plans
An initial study of environmental impact was prepared for the
project. The study concluded that the creek repairs would not have
a significantimpact on the environment with the incorporation of
required mitigation measures. On August 14 , 1992, the Community
Development Director acted to support staff's recommended action to
issue the project a Mitigated Negative Declaration.
A copy of the environmental document prepared for proposed creek
repairs, Initial Study ER 108-92 , is attached. Two minor changes
to suggested mitigation measures are shown in italics based on
comments provided by Engineering Division staff. Changes clarify,
rather than change, the intent of mitigation. A copy of proposed
plans is available for review in the project file.
Appeal of Environmental Determination
The Director's environmental determination for the project was
published in the Telegram Tribune on Saturday, August 22 , 1992, and
Saturday, August 29, 1992 . The latter publication was done to
clarify the public comment/appeal period which expired on September
14 , 1992 . An appeal of the Director's determination was filed by
William R. Henson, a resident of the mobile home park, on behalf of
a group of residents that signed the bottom portion of one of the
attached appeal letters (copies of this letter with all signatures
were sent to all Council members) . The appeal was filed on
September 8, 1992 .
Appeals of the Director's determination are considered by the
decision-making body which takes final action on the project. The
appeal was forwarded to the City Council since they reviewed the
property exchange that precipitated the requirement for the creek
repairs. The City permit required for the repairs cannot be issued
until the appeal is resolved.
1�� 1l city of San JS OBISPO
i!; COUNCIL AGENDA REPORT
Page 3
staff's Reaction to Appellants' Claims
Three different letters are attached from the appellants. The
following paragraphs summarize the main concerns expressed and
provide a staff response to each one.
Appellants' Concern:
1. The proposed creek repairs don't go far enough to prevent
erosion and stabilize the banks.
Staff's Response:
i
The applicant's engineer has submitted several versions of creek
repair plans to the City. Initial plans showed a considerable
amount of rock slope protection. The current plans represent a
compromise solution between the engineers, both City Public Works
staff and the applicant' s engineer, and City planners and the
Department of Fish and Game.
The Planners and Fish and Game were interested in seeing hard bank
protection minimized where possible. Each repair site was reviewed
in the field by all parties. It was agreed that the rock slope
protection was needed near the base of the bank at some repair
sites where flood waters would be most erosive. Above rock slopes,
planting, and sometimes grading, were determined to be alternative
techniques to stabilize banks.
Increasingly, the City has shown a commitment to making
improvements or repairs to creek areas to attempt to restore the
natural habitat as much as possible. The City's Flood Management
Policy indicates that a natural creek bank treatment (planting and
grading) is preferred to hard bank protection (gabions and riprap) .
Gunite or concrete is listed as the least desirable alternative.
The heavy clay soils and shallow bedrock in the creek area also
help to provide more cohesive banks that naturally help combat
erosion.
The most extensive bank protection is proposed on the opposite side
of the creek from the mobile home park. The reason for this is
that the opposite side of the creek is located on the outside of
the creek curve where the force of flood waters is most
concentrated and consequently most erosive.
Staff's position is that proposed creek repairs will better control
erosion and also improve the value of the natural riparian habitat.
Appellants' Concern:
2. The property exchange creates new encroachments.
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COU CIL AI s REPORT
ref! o C ee rovemen s
Page 4
Staff's Response
There are a number of mobile homes located near the top of bank.
However, most of the improvements on those spaces near the top of
bank do not encroach below the top of bank. Prior to Council
review • of the property exchange, City staff ' met with the
applicant's engineer and walked the creek to determine an
appropriate location for the proposed property line separating the
mobile home park from the creek area. The most significant
encroachment into the creek area consists of a wooden deck
structure located near Repair Site No. 14 (site references on map
in initial study) .
Mitigation No. 4 listed on page 5 of the attached initial
environmental study calls for the owners of the property adjacent
to the mobile home near Repair Site No. 14 to obtain an
encroachment permit from the City. The idea behind the condition
is to recognize the encroachment, but provide a reasonable standard
for eventual compliance. The mitigation would allow current
encroachments to remain until the mobile home is either moved or
destroyed. Community Development Department staff has met with the
property owners of the affected space to explain the reasoning i
behind the mitigation measure.
With review of Tract Map No. 2038 for the condominium conversion,
the precise configurations of all lots near the top of bank will be
reviewed and considered. Adjustments to the size or cost of lots
may need to be made if there is an issue with whether the lots can
be reasonably developed, that is whether a new mobile home of the
same size could be placed on the lot and observe a creek setback.
Because the owners of the mobile home near Repair Site No. 14 have
expressed concern with identifying a creek setback at this time,
staff is suggesting that the reference to the requirement for a
specific setback be deleted until more information on an
appropriate standard is known.
Appellants' Concern:
3. The three-year monitoring condition will not be honored by the
current park owners based on past performance.
Staff's Response:
Mitigation No. 1 listed on page 5 of the attached initial
environmental study requires a 3-year monitoring program to be
implemented to assure that required planting becomes successfully
established. This mitigation measure is also part of the special
conditions attached to an approval letter from the U.S. Army Corps
of Engineers. The mitigation was included in the City's initial
environmental study to reinforce the need for continued monitoring
of repairs. The mitigation specifically calls for continued
����������►►�►u►��Ilili i�' glUi�l city Of San . AS OBI SPO
COUNCIL AGENDA REPORT
Page 5
monitoring by Laguna Lake Mobile Estates ,so that it is clear that
the responsibility for the current property owners continues even
after the property exchange with the City is executed.
The residents question whether or not the current park owners will
perform required monitoring. It would be speculative to assume
that monitoring will be a problem. If monitoring does become an
issue, it would be like any other City condition associated with a
permit or entitlement and be up to City staff to enforce
compliance. The City could request copies of the monitoring
reports sent to the Army Corps of Engineers as an added mechanism
to assure compliance.
Conclusion
Delaying action on the creek repairs is not in the best interest of
the City, the current property owners or the mobile home park
residents. Staff is adding a condition to the recommended
Resolution denying the appeal that there be a review hearing in one
year to evaluate the need for further creek repairs. This will
allow the work to be done, and give the City and residents an
opportunity to have another forum to determine whether or not the
repairs are adequate.
Delaying the creek repairs will delay an ultimate resolution of the
proposed condominium conversion which will only result in continued
stress and apprehension for all parties without an expedited
closure on the issue. More importantly, it would delay much needed
repair work with the possibility of increased creek bank erosion in
the interim. This work needs to be done regardless of the decision
of the mobile home park conversion. It should be accomplished this
year.
CONCURRENCES
The Public Works Department is responsible for overseeing the
issuance of creek repair permits by the City. They have been
responsible for coordinating with other agencies regarding needed
permits for proposed repairs. Both Community Development and
Public Works endorse the current proposed creek repairs.
FISCAL IMPACT
Since the condition of the property exchange required the current
property owners to perform needed creek repairs, there will be no
fiscal impact to the City. If repairs are delayed until next year
because of the lateness in the season, then there may be more
extensive erosion damage to the creek channel, and more extensive,
and therefore costly, repairs would need to be completed by the
current park owners at that time.
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���++��+�u►iv►IIIIIIIIp° IIUIII City Of San L,dS OsispO
U CIL AENOA REPORT
re ee m rovemen s
Page 6
ALTERNATIVES
1. Adopt the draft resolution, upholding the appeal, requiring
that specific changes be made to the initial study and/or
proposed creek repair plans.
2 . Continue action directing the applicant to modify plans to add
repair sites or otherwise alter proposed repair work.
Attachments:
Attachment 1: Draft Resolutions
Attachment 2 : Appeal to City Council received 9-8-92/resident
letters
Attachment 3 : Initial Study ER 108-92
Attachemnt 4 : City Council Resolution. No. 7011 (1991 Series)
ATTACHMENT 1
DRAFT RESOLUTIONS
` r
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION
TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR
CREEK REPAIRS PROPOSED ADJACENT TO LAGUNA LAKE MOBILE ESTATES
LOCATED AT 1801 PREFUMO CANYON ROAD
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 applicants' proposed creek
repair plans, the appellants' statements, the Community Development
Director's action, staff recommendations and reports thereon, makes
the following findings:
1. The proposed creek repairs provide an environmentally-
sensitive approach to stabilizing creek banks.
2 . The proposed creek repairs will not have a negative impact
on the environment with the incorporation of required
_ mitigation measures.
SECTION 2 . Action/Condition. That this Council hereby
denies the appeal of the adequacy of the initial study of
environmental impact, upholding the Community Development
Director's decision to issue a Mitigated Negative Declaration, and
approving proposed creek repairs with the following condition:
1. A public hearing before the City Council shall be held in
one year to determine whether further creek repairs are
needed.
On motion of
seconded by , and on the following roll
call vote:
a
Resolution No. (1992 Series)
Page 2
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1992 .
Ron Dunin Mayor
ATTEST:
City Clerk Diane Gladwel.l
APPROVED:
City Ad inistrative Officer
4//A t or
cob
Community Deve ment Director
•`-
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION
TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR
CREEK REPAIRS PROPOSED ADJACENT TO LAGUNA LAKE MOBILE ESTATES
LOCATED AT 1801 PREFUMO CANYON ROAD
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 applicants' proposed creek
repair plans, the appellants' statements, the Community Development
Director's action, staff recommendations and reports thereon, makes
the following findings:
1. The initial study of environmental impact does not
adequately evaluate the potential environmental effects of
proposed creek repairs.
_ SECTION 2 . Action. That this Council hereby upholds the
appeal of the Community Development Director's action to issue a
Negative Declaration of environmental impact for the project and
directs that proposed creek repair plans be revised and a revised
initial study of environmental impact prepared.
On motion of
seconded by and on the following roll call
vote•
AYES:
NOES:
ABSENT:
Resolution No. (1992 Series)
Page 2
the foregoing resolution was passed and adopted this day
of , 1992.
Ron Dunin Mayor
ATTEST:
City Clerk Diane Gladwel
APPROVED:
City Adm nistrative Officer
Cy tto ney
Q00
W%C^h �
Community Deve ment Director
• F
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Attachment 2
September 6 , 1992
City of San Luis Obispo r{ E U V E V
Attn : Arnold B . Jonas SEP _ U 1992
c/o Mr. Sanville
City Hall cm OF SAN LUIS O ISPo
S a n Luis O b i s p o , CA 93401 COMMUNnY DEVELOPMFN+
RE : Environmental Determinations : Published in Telegram-Tribune
of August 229 1992 and August 29 , 1992
1801 Prefumo Canyon Road ( ER 108-92 ) '
We request a hearing on the above-referenced matter for the
following reasons :
1 . The proposed property exchange .creates new encroachments on
City-owned land in cases where setbacks are not sufficient to meet
City regulations . Permanenttsare eodeal rly
with all concerned . exchangeoneencroachmentforanother?
2 . More rigid standards for controlling erosion seem indicated .
The developer responsible for portions of the opposite side of
Prefumo Creek has provided substantial erosion control , even though
no homes are located on creek banks . Retaining walls are indicated
in cases where erosion has brought the creek bank close to the
back door of homes . All home owners deserve equal protection
for life and property on creek banks which is now the property
of Laguna Lake Mobile Estates . It is our understanding that
fill dirt was used on creek banks when the creek was diverted
some years ago . This has left soil which is not stable and is
unusually vulnerable to winter rains .
3 . Neither City taxpayers nor mobilehome owners should be required
to assume the risk of costly repairs which could be required
in the future due to harm to life and property in winter storms .
4 . The three-year monitoring plan required by the city of San Luis
Obispo from Laguna Lake Mobile Estates in respect to plantings
is unacceptable . This can be shown by park owners past failures
to comply with conditions demanded by the City . We refer to
both Resolution No . 7-69 and Resolution No . J489 which contain a
condition still lacking after 23 years and 14 years respectively .
One such condition specified- measures to protect creek banks from
erosion . Obviously this was not accomplished .
May we hear from you on this matter?
Sincerely ,
William R . Henson
PLEASE NOTE : Signatures
enclosed
are
park residents , some
of whomarelocated oncreekbanks .
COPY : TELEGRAM-TRIBUNE
September 2 , 1992
HEUEIVEU
TO.: PLANNING COMMISSIONERS SEP —
CITY COUNCIL MEMBERS 41992
SAN LUIS OBISPO , CA 93401 CrrrOFSAN LUIS 0sISpo
COMMUNITY DEVELOPIMPhrr
RE : PROPOSED PROPERTY EXCHANGE OF CREEK BANK PROPERTY
BETWEEN CITY AND LAGUNA LAKE COMPANY .
Tenants of Laguna Lake Mobile Estates have long been aware of
the necessity of correcting encroachments on City Property; "-The
acquisition of a portion OT Prefumo Creek seems a desirable way
to solve the problem .
HOWEVER :
The erosion to the leaseholds of creek bank residents now
constitutes a serious threat to the property and safety of those
along GatheStreet , Claire Drive and Jane Drive . The land needs
to be repaired and maintained by park owners .
The existing condition of the premises is a result of failure
of park owners to maintain the occupied land in a manner the
lessees legally deserve and pay for .
We do not believe it is sufficient to add planting which may
or may not be maintained . The developer on the opposite side of
the creek has handled upkeep of the creek bank in a far more
responsible manner . Why isn ' t the park owner required to do at
least as much if not more in view of the fact that homes actually
are close to the creek bank edge? The track record of the park
owners is poor in regard to maintenance , as witness their failure
to add the required children ' s playground , to maintain safe roads ,
to keep sonic cable in proper repair , to provide sewers which
protect the health of the residents , etc .
If the park converts , are a group of senior citizens. to be
asked to shoulder the cost of these responsibilities of the owners ?
Does Laguna Lake Mobile Estates receive preferential treatment?
Certainly the City is aware that maintenance is totally separate
from any request of the owners for condominium conversion .
Legal action on the part of residents should not be required
unless the City fails in its obligations .
Yours truly,
'1
a.-err�i
Sept jer 1 , 1992
TO: PLANNING COMMISSIONERS AND CITY COUNCIL MEMBERS
SUBJECT: PREFUMO CREEK BANKS ADJOINING LAGUNA LAKE MOBILE ESTATES
We have serious questions regarding the Environmental
Determinations as published in the Telegram Tribune of both
August 22 and August 29 , 1992 .
1. Numerous sites on Jane Drive, Claire Drive and Gathe Drive
are extremely close to the creek banks . Shouldn' t the park owner
be required to provide retaining walls to ensure that mobilehomes
on these spaces are safe and secure? All tenants deserve a safe,
stable piece of land as a home site.
2 . Why is the City considering clearing up encroachments along
the golf course with a property exchange, then creating new
encroachments along creek bank property? Does that sound sensible?
Would it be regarded as prudent in a Court of Law? Why was the
developer on the opposite side of the creek re uired to ut in
a permanent solution to control erosion while the mobile ark s '
do
i proec a on.Ly with vege ation?
3. Under Item 1 of the "Environmental Determinations" , the City
states that it will establish a monitoring program over a three-year
�Te-riod when Laguna Lake Mobile Estates is required to maintain
and replace plants, . We feel justified in feeling alarmed, and
foreseeing problems regarding this particular condition, judging
by the railure of Laguna Lake Park to fulfill conditions of
Resolution 7-69 , $4 . This required erosion control of the creek
banks 23 years ago.
Large chunks of land have been washed away during the time
elapsed, leaving ground which is vulnerable to normal winter rains ,
and a possible disaster area if flooding conditions occur once
again. A mobilehome was washed from its footing in 1973 , along with
other park damage. It could happen again. Fill dirt was placed
on the creek banks at the time the creek was diverted, leaving
ground which is not firmly compacted. All these circumstances
leave grounds for law suits . Who will be liable?
Respectfully,
- Attachment 3
City O� San WIS OBISPO
I►«�Iillilliliil�I���li�i� ►;:
INITIAL STUDY OF ENVIRONMENTAL IMPACT
dooms m�
1801 Prefumo Canyon Road APPLICATION Nb08-92
SITE LOCATION
PROJECT DESCRIPTION
creek banks along a reach of Prefumo Creek,
adjacent to the Laguna Lake Mobile Estates. Proposed erosion
control work involves grading, planting and rock slope protection.
APPLICANT Laguna Lake Company
STAFF RECOMMENDATION:
x X
"NEGATIVE DECLARATION MITIGATION INCLUDED
.EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
Pam Ricci, Associate Planner DATE 8-12-92
PREPARED BY n 1h /IST
C1 DATE a/�j
COMM1UNN1ITrY DEVELOP' tMEENT DIR``ECTOR'S A�CfTII N: (/��
Kt IVIif�rr �� V
V
SUMMARY OF INITIAL STUDY FINDINGS
I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
NONE
A. COMMUNITY PLANS AND GOALS ..................... ............................... NONE
B. POPULATION DISTRIBUTION AND GROWTH...........................................
NONE
C. LAND USE ................................... ...................................
*TONE
D. TRANSPORTATION AND CIRCULATION. ............................................••• NONE
E. PUBLIC SERVICES ................................................................. NONE
F. UTILITIES.........""............................................................
NONE
G. NOISE LEVELS ....................................................................
xoxE
H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ...................• NONE
1. AIR QUALITY AND WIND CONDITIONS................................................
MAYBE*
J. SURFACE WATER FLOW AND QUALITY .............................................. MAYBE*
KPLANT LIFE........................... ........................................
MAYBE*
L ANIMAL LIFE.............. ............... ..
.. ....................................
NONE
M. ARCHAEOLOGICALJHISTORICAL ....................................................
NONE
.................................
N. AESTHETIC ....................................
NONE
O. ENERGWRESOURCEUSE ..........................................................
NONE
P. OTHER .... . . . . . . .. . .... . . . .. . . . .. . ...... . .. . . ... ............ ................... .
III.STAFF RECOMMENDATION
NEGATIVE DECLARATION WITH MITIGATION
'SEE ATTACHED REPORT ��S
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county):
Prefumo Creek Repairs proposed by California Park Properties
1801 Prefumo Canyon Road, Laguna Lake Mobile Estates,
City of San Luis Obispo, County of San Luis Obispo
Project Description:
Stabilize creek banks along a reach of San Luis Obispo Creek. Proposed erosion control
work includes grading, planting and rock slope protection.
Findings of Exemption:
The proposed project does not have the potential for an adverse impact on wildlife if all
repairs are completed by October 31, 1992.
Certification:
I hereby certify that the lead agency has made the above findings of fact and that
based upon the initial study and hearing record, the project will not individually or
cumulatively have an adverse effect on wildlife esources, as defined in Section 711.2 of the
Fish and Game Code.
Jimoz
(Chief Planning O )
Title: Community Development Director
Lead Agency: City of San Luis Obispo
Date: August 13 1992
Section 711.4,Fah and Game Code
DFG:12.M
•, y
I\ITIAL ENVIRONMENTAL STUDY
ER 108-92
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The applicant is proposing to stabilize the creek banks along a reach of Prefumo Creek,
adjacent to the Laguna Lakes Mobile Estates Mobile Home Park, located at 1801 Prefumo
Canyon Road. Proposed work involves grading, planting and rock slope protection to
correct failing slopes and protect banks from further erosion. The attached location map
shows the areas where bank stabilization is proposed: Specific information on work
proposed for various locations is shown on submitted plans.
The affected creek area is located mostly to the west of the mobile home park. The creek
area has steeply sloping banks and a wide and flat channel. A variety of shrubs and trees,
mostly ornamentals, have been introduced into the creek area on the mobile home side of
the channel. At one location in the mobile home park adjacent to repair Site #14, a
retaining wall and portions of a deck have been constructed below the top of creek bank.
On August 6, 1991, the City Council approved a request by the owners of Laguna Lake
Mobile Estates for an exchange of property. The property exchange was proposed because
a recent survey indicated that portions of the mobile home park improvements encroached
onto the City golf course. Laguna Mobile Estates proposed to exchange 5.3 acres of creek
area and open space for about 0.1 acre of City golf course property where the
encroachments occur. The property exchange included a condition requiring needed creek
stabilization and repairs to be completed prior to recordation of deeds finalizing the
exchange.
Proposed creek bank stabilization work will help minimize siltation in the channel created
by erosion during times of heavy runoff. Siltation of the channel in the vicinity of the
Laguna Lake inlet has been an on-going problem.
II. POTENTIAL IMPACT REVIEW
J. Surface Water Flow and Quality
Prefumo Creek is an intermittent creek located on the west and south sides of the Laguna
Lake Estates mobile home park. The mobile home park currently owns the portion of the
creek where improvements are proposed, but the City will eventually obtain ownership of
the creek area once the property exchange mentioned above has been executed.
r /tl
Y,N.
Prefumo Creek Improvements (ER 108-92)
Page 2
The creek is identified in the City's Flood Management Policy (June 1983) as one of the
four major City waterways. Prefumo Creek serves as both an inlet and an outlet to Laguna
Lake.
On a recently compiled City creek map included in the Open Space Workbook (May 1992),
the subject reach of the creek is identified as being "a degraded riparian corridor, but able
to be restored/repaired." Policies included in the Workbook call for restoring degraded
corridors to a more natural state, using native, riparian plants in landscaping creek areas,
and choosing creek stabilization methods that minimize changes to the riparian corridor.
The City's Flood Management Policy is consistent with these policies in that it ranks natural
re-vegetation of creek banks as the most desirable form of erosion control.
Proposed erosion control work is extensive, covering a significant part of the bank area
adjacent to the mobile home park. Since creek stabilization plans were originally submitted,
City staff, including representatives from the Public Works and Community Development
Departments, as well as State Department of Fish and Game staff, have met with the
applicants and their representatives, to discuss the specific elements of the plans. Direction
was given to minimize rock slope protection where possible, add more native planting to
provide shade and food for animals and discourage use of concrete.
•
Conclusion: May be significant.
Mitigation Measures:
1. Plans need to specify proposed planting. A landscaping plan shall be submitted to
the City indicating types and quantities of proposed plant materials and method of
irrigation. Native riparian plant materials shall be used to re-vegetate the riparian
corridor. A list of suitable plants is attached as Appendix A-
A maintenance and monitoring program shall be prepared outlining measures to
assure that proposed planting is properly established and monitored. An agreement
between the City and Laguna Lake Mobile Estates shall be executed prior to the
final exchange of properties. The agreement shall require Laguna Lake Mobile
Estates to continue to perform maintenance of creek planting, replace dead or dying
plants, and provide required reports to the Army Corps of Engineers for a specified
time period of three years after planting. As per Army Corps of Engineers
specifications, the report shall include photographs of the mitigation site, plant
survival statistics, heights of both trees and shrub species, a description of continuing
maintenance/monitoring, and new mitigation measures should any aspect(s) of.the
mitigation fail.
• l�
Prefumo Creek Improvements (ER 108-92)
Page 3
2. A detail plan shall be submitted indicating how proposed rock slope protection can
be stabilized in steeply sloping sections. Per City Engineering staff comments, all
rock placed as shown on plans shall be sound, angular, durable stone.
3. Existing pink concrete used in previous repair work shall be replaced with stone
meeting City specifications.
4. An encroachment permit shall be issued to the owners of the property that the mobile
home adjacent to Repair Site # 14 is located on, limiting encroachment to the
present mobile home and deck structure. The permit shall specify that those
improvements encroaching beyond the top of bank, including the deck structure, may
remain until the existing mobile home is moved from the site. Future improvements
to the site and the placement of a new unit would need to be at leas` &,e ` ' set
back from the top of creek bank.
K. Plant Life
The value of the riparian corridor of the creek will be improved with the addition of
planting. There are areas along the creek corridor that are open and could benefit from
additional shade. However, re-vegetation will only be successful if appropriate plant
materials are chosen.
Conclusion: May be significant.
Mitigation Measure:
Native plant materials shall be used in proposed project planting as called out in Mitigation
Measure #1. discussed above in Section J. of this initial study.
L. Animal Life
The riparian zone within the creek corridor provides habitat for some wildlife. A field
report, prepared by wildlife biologist Dr. Fred Andoli of Cal Poly for earlier creek
improvements (attached as Appendix B), indicated that several species of passerine birds
use trees in the corridor. At the time of his survey (November 1991), he also saw a fence
lizard and salamander. Proposed re-vegetation will help improve the biological value of the
corridor by providing a more hospitable habitat for animals.
The report indicates that a water soutce would enrich the zone with amphibians, and
possibly pond turtles, but this is seasonal. Construction during winter rains would increase
siltation and could have a negative impact on wildlife using the creek area.
Prefumo Creek Improvements (ER 108-92)
Page 4
Conclusion: May be significant.
Mitigation Measure:
Proposed creek'work shall be done prior to October 31, 1992, or outside the rainy season,
defined as April-1 to October 31, in subsequent years, to protect animal life established with
the seasonal water source.
III. STAFF RECOMMENDATION
Staff recommends that a negative declaration be prepared for this project with noted
mitigation measures incorporated into the project. If the Community Development Director
determines that the mitigation measures outlined in this initial study are ineffective or
physically infeasible, he may add, delete or modify the mitigation to meet the intent of the
original measures.
,1 trfiO
Prefumo Creek Improvements (ER 108-92)
Page 5
ENVIRONMENTAL REVIEWER 108-92
SUMMARY OF MITIGATION MEASURES
In conformance with AB 3180, the following mitigation measures will be monitored by
reviewing the plans during permit plan check:
1. Plans need to specify proposed planting. A landscaping plan shall be submitted to
the City indicating types and quantities of proposed plant materials and method of
irrigation. Native riparian plant materials shall be used to re-vegetate the riparian
corridor. A list of suitable plants is attached as Appendix A.
A maintenance and monitoring program shall be prepared outlining measures to
assure that proposed planting is properly established and monitored. An agreement
between the City and Laguna Lake Mobile Estates shall be executed prior to the
final exchange of properties which requires Laguna Lake Mobile Estates to continue
to perform maintenance of creek planting, replace dead or dying plants, and provide
required reports to the Army Corps of Engineers for a specified time period of three
years after planting. As per Army Corps of Engineers specifications, the report shall
include photographs of the mitigation site, plant survival statistics, heights of both
tress and shrub species, a description of continuing maintenance/monitoring,and new
mitigation measures should any aspect(s) of the mitigation fail.
2. A detail plan shall be submitted indicating how proposed rock slope protection can
be stabilized in steeply sloping sections. Per City Engineering staff comments, all
rock placed as shown on plans shall be sound, angular, durable stone.
3. Existing pink concrete used in previous repair work shall be replaced with stone
meeting City specifications.
4. An encroachment permit shall be issued to the owners of the property that the mobile
home adjacent to Repair Site # 14 is located on, limiting encroachment to the
present mobile home and deck structure. The permit shall specify that those
improvements encroaching beyond the top of bank, including the deck structure, may
remain until the existing mobile home is moved from the site. Future improvements
to the site and the placement of a new unit would need to be at least five set
back from the top of creek bank.
5. Proposed creek work shall be done prior to October 31, 1992, or outside the rainy
season, defined as April 1 to October 31, in subsequent years, to protect animal life
established with the seasonal water source.
,�s r
Prefumo Creek Improxements (ER 108-92)
Page 6
6. If the Community Development Director determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the
mitigation to meet the intent of the original measures.
Attached:
Vicinity Map
Location Map
Appendix A — Stream and'Creekside Plant List
Appendix B — Fred Andoli wildlife observations dated 11-23-91
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Appendix A
TABLE I
STREAMJAND CREERSIDE PLANT LIST
TREES
Alnus rhombififolia. White Alder
Platanus racemosa. Sycamore
Populus trichocarpa. Black cottonwood
Quercus agrifolia. Coast live oak
Salix laevigata. Willow
Umbellularia californica. California bay-laurel
Juglans hindsii. California Black Walnut
Heteromeles arbutifolia. California 1:011y - Toyon
Acer macrophyllum. Bigleaf Maple
Acer negundo. sox Elder
SHRUBS
Artemisia californica. California sagebrush
Baccharis douslasii. Baccnaris
Bacc*.anis pi lulari s. Coyote 7L'Sh
2CChar; s ^i l.�l ari s var. CCnsangu_neum. COVOte bush
Ceancthus i-rpresslls. Cearothus
Ceanothus C. griseus var. horizontalis. Carmel creeper
Cornus ca lifornica. creek dogvooc
Hazardia scnaarrosa. GoIdenbush
eteromeles arbor-folia . Toyon
Myrica calf Ornica. bayberry, California wax-myrtle .
Rhamnus ca life_nica. Co'`_eeberry
Ribes divaricat: wild gooseberry
Rosa califcrnica. "' Id rose
Rx,
bus ursinus. California blackberry
Rubus vitifolius. Cal=fornia blackberry
Salix lasioleps.±s. Willow
Salvia re llifera. Black sage
Salvia spatuacea
=lcerbes�y
HERBS:
P,nsinckia sp. Fiddleneck
Artemisia. douglasiana. N.ugwort
Aster chilensis. Wild aster
Bidens oilosa. Bessar' s ticks
Blocmerla crocea. Golden stars
Calochortus obispoensis. San Luis Obispo star tulip*
Calystegia macrostegia. Morning glory
* Rare/endangered
- 1 -
(08/26/91)
Table I
Native Plant List
HERBS continued:
Conyza canadensis. Horseweed
Cryptantha Sp. Cryptantha -
Cyperus eragrostis. Umbrella sedge
Delphinium sp. Lakespur
Dudleya abramsii ssp. murina. San Luis Obispo dudleya
Eleocharis palustris. Spikerush
Epilobium watsonii. Willow herb
Equisetum to imatiea. .Giant horsetail
Eschscholzia californica . California poppy
Galium aparine. Bedstraw
Helianthus annuus. Sunflower
Lotus purshianus. ?ink deer-vetch
Luuinus albifrons. Bush lupine
Lusinus succulentus. Lupine
Micreseris sp. Micreseris
Mimulus qutzatus. Non.-kayflo:;er
Montia perfoliata. Miners lettuce
Phacelia distans. Phacelia
Phalaris sp. Canary grass
Poa sem. Perennial bluegrass
Polygonum sp. Snartweed
Psoralen rzacrostachya. Indico pea
ScirDus americanus. :hreescuare
Scirous :aicrocarnus. Small-flowered bulrush
Selaginella bigelovii. Club moss
Spergu laria sp. Sand spurry
Stachys bullata. 'Hedge-nettle
Stipa nu lchra. California needlegrass
Tillaea erecta. Pygmy weed
Ty-oha angustifolia. ?:arrow-leafed cattail
Verbena rcbus`.a- Verbena
Vicia americana. Vetch
Vulpia myuros . Annual fescue
Xanthium spinosum. Spiny cocklebur
Xanthium strumariuID. Common cocklebur
2
(08/26/91)
�V
Appendix B
Biological Sciences Department
California Polytechnic State University
November 23, 1991
Mr. Jack Hunter .
Central Coast Engineering
396 Buckley Road
San Luis Obispo, CA 93401
To Whom it May Concern:
I have been asked by Mr. Jack Hunter of Central Coast
Engineering to review a project on Prefumo Creek for possible
implications.on wildlife in that area. The site is located behind
the Pref umo Creek Laguna Lake Mobile Home Park. The project
involves using gabionsand free rock to shore up three areas of
the creek bank where mature trees are about to fall into the
creek due to erosion of soil around the creek side of their root
systems. Site 2 is a sycamore tree and sites 4 and 5 involve two
mature oak trees. The loss of these trees would result in a
considerable amount of erosion and downstream silting.
Methods_
I.visited the site with Jack Hunter on the morning of
November 22, 1991. The project was explained to me at that
time and I was given copies of the plans and work permits which
I read that evening. I returned the following morning with a_
research assistant. We carefully examined this section of the
creek by walking both banks of the creek and looking under any
rocks, branches or debris that was light enough to be moved.
The area examined included upstream and downstream sites that
might be affected by removal of natural rock to fill the gabions.
Results
Pref umo Creek is a seasonal stream which was dry at this
time. Several species of passerine birds were seen in the trees, 'O
Page 2
and on the creek banks and one fence lizard. Sceloporus
occfdentalfs, was seen in an upstream-area that would not be
affected by this project. One slender-salamander. Batrachoseps
atteauatus, was found under a rock in the project area which
was located at the edge of the stream next to site 2.
There were no California red-legged frogs, Raaa aurora
draytoaff, or southwestern pond turtles, Gemmys marMorata
pallfda, present at this time. Both species require a water
source and you would not expect to find them-on a stream of this
type until after the winter rains begin the fill it up.
Recommendations and Mitigations
This project is designed to improve the creek habitat by
preserving some mature trees and the creek bank where they
are growing. I cannot identify any negatiave impacts on the
herpetofauna and other wildlife of this area. I believe the
successful completion of this project before the beginning of the
winter rains will benefit the creek wildlife and I do endorse it.
Dr. Fred P. Andoli, Professor
Herpetologist and Wildlife Biologist
Biological Sciences Department
California Polytechnic State University
� �9
Attachment 4
RESOLUTION NO. 7011 (1991 SERIES)
A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO TO EXCHANGE PROPERTIES BETWEEN THE CITY OF SAN LUIS
OBISPO (LAGUNA LAKE MUNICIPAL GOLF COURSE,11175 LOS OSOS VALLEY.
ROAD) AND LAGUNA LAKE MOBILE ESTATES
(1801 PREFUMO CANYON ROAD)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of the staff
report and the applicant's statement, proposes a property exchange based on the following
findings:
1. The proposed property exchange resulting in city acquisition of
approximately 5.3 acres of creek/open space area is consistent with
policies contained in both the Land Use and Open Space Elements of
the City's General Plan; and
2. The proposed property exchange will not adversely affect the
continuing operation of the Laguna Lake Municipal Golf Course.
SECTION 2. Conditions. The proposed property exchange will be approved,
subject to the following conditions:
1. The property owner of the mobilehome park shall stabilize the creek
banks and do other repair work necessary to the satisfaction of the
Public Works Department prior to recordation of deeds finalizing the
property exchange and lot line adjustment.
.2.. The property owner shall remove the equipment in the existing
children's play area across the creek and create a new play area within
the mobilehome park to the satisfaction of the Recreation Director.
On motion of Councilman Roalman seconded by Councilwoman
Pinard, and on the following roll call vote:
C1
RESOLUTION NO . 70i.. �i941 SERIES)
Page 2
AYES: Councilmembers Roalman, Pinard and Rappa
NOES: Councilmember Reiss
ABSENT: Mayor. Dunin
the foregoing resolution was passed and adopted this Atli day of AT,g„sr
1991.
Mayor Ron Dunin
A T:
Cit} Clerk pain ` ges
APPROVED:
Ciry A in-istrative Officer
City AttoHey
Community Devel m nt Director
MEETING AGENDA
M CrrY COUNCIL MEMBER DATE 1 -6" TEM # Z
c/o CITY HALL
Enclosed find a map showing potential encroachment sites and pictures
illustrating my point.
Please note that the Council Agenda Report admits there are encroachments
into the creek area, and names a wooden deck as the most significant.
(Page 4, Paragraph 1)
In Paragraph 2 of the same page, they.offer an encroachment permit to
solve the above problem, but suggest eventual compliance.
In pargraph 3 of Page 4, they state adjustments to the size or cost
of lots may need to be made.
Do these sound like fair or desirable terms to you?
Page 5, Pargraph 1 deals with a requirement of monitoring by Laguna Lake
Mobile Estates (why do they not specify the park owners?) for responsibility
for performing plant monitoring. They state it would be speculative to
assume monitoring would be a problem. They further state that it would be
up to City Staff to enforce compliance.
In all due respect, I want to refer here to past significant failures of
park owners to comply with our City's conditions. We doubt the creek erosion
would even be a sizable problem had conditions been net 23 years ago.
As long as City Staff has acknowledge encroachments, why comtermlate changing
one set of encroachments for another, particularly if City inherits the problems?
Sincerely,
Bill Henstm
CDKBTO.
❑'Damta Arson /❑ m
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OCT - 2 1992 ❑ PvvDut
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October 1, 1992 G {d G
City Council Members Wa(Z
San Luis Obispo, CA City Hall
Property Protection for Creek Bank Residents of Laguna Lake Mobile Estates
Dear Council Members:
As creek bank residents, we face serious problems due to the existence of
advanced erosion of our home sites. Deteriorating creek banks have made
our homes less marketable, and less attractive in appearance in spite of
our considerable investment in time and money on our home sites.
We're convinced that 23 years of neglect have produced erosion which poses
a serious threat to property and possibly to lives. We weren't aware this
problem existed when we purchased our homes. Once adequate areas behind
our mobile homes are so noticeably affected that a few have become virtually
unsaleable. One on Gathe Street lost more than eight feet from the rear
area in only ane year.
We understand that park owners have an obligation dating back 2.3 years to
1969. This was placed by the City in Resolution Fo. 7-69, No. 4. 'It reads:
"Those portions of Prefumo Creek where the banks are eroding shall be
regraded and planted with low growing ground cover." It's obvious that
this was never accomplished. If this had been honored, it would not be
necessary to ask for the substantial measures which are now essential.
We ask City Council to enact strict conditions in order to ensure a legal
and permanent solution to protecting the sizable investment we have made
in our homes and yards. Most important is the threat to our lives, T%Ihat
would result if brush fires depleted the hills across the creek of foliage,
and then we experience,,i a winter of heavy storms? '
Shouldn't our welfare be as important to the City as the impact an the
environment?
Respectfully,
LP,ce,�_