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12/15/1998, 3 - ANNEXATION, EIR CERTIFICATION, AND PREZONING OF THE DEVAUL RANCH SITE AT 11855 LOS OSOS VALLEY ROAD (CITY FILE NOS.: ANNX, ER, R 102-96)
council "z;°"'Is - 98 j acenaa nepoin �p 3 CITY OF SAN LUIS O B I S P O D FROM: Arnold B.Jonas, Community Development Director Prepared By: Peggy Mandeville, Associate PlanneQ�4,_ "p#A v SUBJECT: Annexation,EIR certification, and prezoning of the DeVaul Ranch site at 11855 Los Osos Valley Road(City File Nos.: ANNX,ER,R 102-96) CAO RECOMMENDATION 1. Adopt a resolution certifying the Environmental Impact Report(Attachment#1). 2. Adopt a resolution recommending that the Local Agency Formation Commission approve annexation of about 222 acres at the southeast comer of Madonna Road and Los Osos Valley Road(Attachment#2,with map). 3. Introduce an ordinance prezoning the 222-acre annexation area R-1, R-2,'R-3, PF and C/OS- 160(Attachment#3,with map and Mitigation Monitoring Program). 4. Direct staff to complete, and bring to Council for approval, tax-sharing agreements with the County for all land to be annexed. REPORT IN BRIEF The request before the Council is the annexation and prezoning of the 222-acre DeVaul Ranch site. The DeVaul Ranch site is within one of the City's principal expansion areas and the area proposed for development is within the City's Urban Reserve Line. The City's Land Use Element identifies the site as within the Special Design Area of the Irish Hills and calls for the site to be "zoned for appropriate urban districts" upon approval of development plans." The DeVaul Ranch project implements the City's General Plan goals and policies for annexation and development of the City's expansion areas and therefore staff and the Planning Commission are recommending approval of the proposed annexation. If the annexation is approved, the applicant will submit applications for a tentative subdivision map, prezoning, and architectural review to allow the development of 253 dwelling units, a 3-acre park, and 184 acres designated as open space. A project EIR was prepared for the DeVaul Ranch project by c•ea Planning Consultants. The project EIR reviewed the potential project impacts of aesthetics, cultural resources, biological resources, geology and soils, utilities, affordable housing, traffic and circulation, noise, and air quality. Mitigation measures are recommended by the EIR consultant to address these impacts. The Cultural Heritage Committee and Planning Commission both reviewed the project EIR and recommended that the City Council certify the document. 3-! Council Agenda Report-DeVaul Ranch Annexation Page 2 DISCUSSION Situation The applicant, DeVaul Ranch LLC, has submitted an application to the City for annexation and prezoning of the 222-acre site. This agenda item is a hearing to consider the adequacy of the Final EIR in terms of its compliance with the California Environmental Quality Act (CEQA), and a hearing to consider the annexation and prezoning. If the annexation is approved, the applicant will submit applications for a tentative subdivision map, PD zoning and architectural review to allow the development of 253 dwelling units, a 3-acre park, and 184 acres designated as open space. Data Summary Address: 11855 Los Osos Valley Road Applicant: DeVaul Ranch LLC Environmental status: The Final EIR(which includes the revised Draft and Final EIR in one document)has been prepared and distributed to the Council and made available to the public. Project action deadline: Legislative actions are not subject to processing deadlines. Site Description The project site is located southeast of the intersection of Madonna Road and Los Osos Valley Road The site is outside of and abutting the City limits and the area proposed for development is within the City's urban reserve line and designated on the City's Land Use Element map as "Medium-Density Residential". The upper portion of the site (proposed as open space) is currently undeveloped and the lower portion (proposed for development) has been used for agricultural purposes and contains two single family residences. Project History The original annexation application for this property was filed in July of 1996. At that time the applicant was proposing to annex 112 acres which included 55.6 acres for multi-family,patio and single family residential units and supporting amenities. The remaining 56.4 acres was to be dedicated to the City to meet open space dedication requirements. The annexation request before the City Council is dramatically different from the 1996 proposal. The annexation now proposes: • 222 acres proposed for annexation. • 38 acres zoned for residential development. • 184 acres dedicated to the City for open space. • Preservation of the DeVaul ranch house and complex at its present location. • Preservation of the cypress windrow that abuts Madonna Road. Evaluation Annexation The Land Use Element of the General Plan identifies the lower portion of the site (proposed as development) as within the City's Urban Reserve Line and located within one of the City's principal expansion areas. The Land Use Element also identifies the site as within the Special 3-.Z, Council Agenda Report-DeVanl Ranch Annexation Page 3 Design Area of the Irish Hills and calls for the site to be "zoned for appropriate urban districts upon approval of development plans." Land Use Element policy 8.10.1 says, "About 38 acres northerly from the vicinity of the Garcia Drive intersection is designated Medium-Density Residential. This area may accommodate about 500 dwellings. There should be a range of housing types, with low density, medium density, and medium-high density development each occupying about one-third of the area." Additionally the policy says that permanent open space protection of hill areas at least equal to the development area shall be provided. In the case of the DeVaul Ranch project, 38 acres of open space protection is required and the applicant is proposing an additional 146 acres of open space protection. Land Use Element policy 13.3.2 says that areas within the urban reserve line which are to be developed with urban uses should be annexed before urban development occurs. The proposed annexation implements these goals and policies of the City's General Plan and therefore, staff recommends approval of the proposed annexation. Prezoning The proposed zoning of R-1 (17.1 net acres),R-2 (5.4 net acres), R-3 (5.1 net acres), PF (3 acres) and C/OS-160 (184 acres) follows directly from the Land Use Element which calls for a range of housing types, with low-density, medium-density, and medium-high density development each occupying about one-third of the development area. Staff therefore recommends approval of the proposed prezoning as an appropriate implementation of General Plan land use policies. Environmental hngacts A project EIR was prepared for this project by c•ea Planning Consultants. The project EIR reviewed the potential project impacts of aesthetics, cultural resources, biological resources, geology and soils, utilities, affordable housing, traffic and circulation, noise, and air quality. Mitigation measures are recommended by the EIR consultant to address these impacts. On June 24, 1998, the Planning Commission reviewed the Draft EIR and provided the EIR consultant with comments. On August 26, 1998, the Commission reviewed the Final EIR and directed staff and the consultant to revise the document to: 1) locate a boundary for the ranch house complex that can be agreed to by the EIR consultant, staff and the Cultural Heritage Committee; 2) provide more detailed responses to comments; and 3) make the Final EIR more user friendly. On November 4, 1998, a new Final EIR (which includes the Draft EIR) was reviewed by the Commission and forwarded on to the Council with a recommendation for certification with changes to one finding and twelve mitigation measures. Included in the Final EIR (page 2-11) is a summary of project related environmental issues and how the project has been modified and conditioned to address these issues. The EIR concludes that the project will result in significant and unavoidable biological and aesthetic environmental impacts. The biological impact is caused by the loss of habitat of the Congdon's tarplant, a species determined to be sensitive by the California Native Plant Society, but not by the State or Federal Endangered Species acts. To reduce the level of biological impact, the EIR consultant recommends that an off-site mitigation plan be implemented to replace some of the Congdon's tarplant that will be destroyed. Although this measure will reduce the level of impact, it will not result in mitigating the impact to a less than significant 3-3 a ti Council Agenda Report-DeVaul Ranch Annexation Page 4 level. Therefore, the City will be required to adopt a statement of overriding considerations if it were to accept the project as submitted. The aesthetic impact is caused by the change in visual integrity of the view from rural to urban. Even creating lots as large as one-acre may not mitigate this impact as the area would still undergo a major change in its appearance and use. Even though the area is designated in the City's General Plan for urban development, there is little in terms of mitigation that can be done to reduce this aesthetic impact to a less than significant level. Therefore, the City will be required to adopt a statement of overriding considerations for aesthetic impacts in order to approve any development on the site. Staff recommends that the City Council adopt a statement of overriding considerations and certify the EIR. Project Issues Many issues have been raised during the review of the DeVaul Ranch project. Most issues (such as preservation of the DeVaul Ranch house and complex) have been resolved through the EIR process. The following issues continue to be raised during project public hearings: 1. Tarplant Mitigation On November 17, 1998, the City Council amended the City's Open Space Element to allow for on-site and off-site protection of plant species on the California Native Plant Society (CLAPS) List 113 and 2 when no practical alternative exists (see Attachment 5, Definition of practicable alternative). The Congdon's tarplant (which have been recently found on DeVaul Ranch in the area proposed for development) is one of the plants identified on the CNPS's list (see Attachment 6, Taiplant location map). In this particular case, no practical alternative exists on- site and therefore staff recommends that the applicant be required to protect the tarplant off-site. This approach would protect the plant through an off-site mitigation program and maintain the General Plan's capacity for housing. 2. Quail Drive Emergency Access In conjunction with the development of this property, City staff is recommending an emergency access/pedestrian connection to Quail Drive via a vacant lot on Quail Drive to comply with City development regulations and General Plan policies encouraging connections between neighborhoods.A variety of connections were considered(ie.public street, emergency/pedestrian access, and emergency access only). Additionally, staff researched other possible emergency access locations,but was not able to identify any alternative,long term solution to the access and evacuation problems that exist in these neighborhoods. The Royal Way neighborhood (including Quail Drive residents) is generally opposed to any connection even though they will benefit since there is no existing alternative emergency vehicle and pedestrian access to Los Osos Valley Road in the event of a wild land fire in the Irish Hills or blocked access at Royal Way and Los Osos Valley Road. Given the strong neighborhood objection, staff is not recommending a public street connection, but instead an emergency access/pedestrian connection only. The connection would take the form of a 20-foot wide access easement that would connect the two neighborhoods. 3-�1- Council Agenda Report-DeVaul Ranch Annexation Page 5 3. Provision of Affordable Housing The applicant is proposing to include affordable housing units in his development project (rather than pay in-lieu fees) to comply with the City's affordable housing regulations. The applicant is. currently proposing 30% of the units as affordable housing, but that number could be reduced upon the adoption of the Inclusionary Housing Ordinance. Some opponents to the project are concerned that there is already a concentration of affordable housing in the vicinity. Attachment 7 illustrates that assisted housing units are located throughout the City and although the City's largest affordable housing project is located adjacent to the project, there is not an over- concentration of affordable units in this neighborhood. 4. Water Availability By policy, the City reserved 300 acre-feet of water for development of post-1994 annexations and 302 acre-feet for in-city projects. This amount reflects the difference between safe annual yield and expected annual water. However, developments still must retrofit to get building permits because these water-planning figures assume complete retrofit of city water users with low-flow fixtures. Attachment 8 summarize the water amounts likely to be needed for recent and pending annexations and for General Plan build-out, and the existing and potential water supplies. These tables illustrate that adequate supply of water to serve the project is currently available as long as the project complies with the City's retrofit program and pays required fees. 5. Traffic Congestion LOVR/Madonna Intersection The existing level of service (LOS) at the Madonna/LOVR intersection is LOS E. Within 10 years, the LOS at this intersection will drop from LOS E to F if no improvements (mitigation measures) are installed and cumulative traffic conditions continue to add vehicles to the area. With the mitigation measures recommended in the EIR,the LOS should improve to LOS D. With a LOS D, the Madonna/LOVR intersection will have an average delay of less than 40 seconds per vehicle, regardless of the number of pedestrians using the intersection. The Draft EIR sets this standard as an objective for mitigation measures. The mitigation measures for the Madonna/LOVR intersection (10-year and buildout) include converting the southbound LOVR right-tum lane to a shared through/right lane and continuing this lane through the intersection. This improvement adds capacity to the intersection and is required to achieve the mitigated LOS D. LOVR Widening The traffic analysis does not indicate that the project causes the need to widen LOUR, but contributes to its need between now and the year 2008. The traffic consultant has assumed that the remaining undeveloped properties (Eagle Hardware and Laguna West) will also contribute to complete the widening of LOVR between Madonna Road and Calle Joaquin. If these properties do not develop within a reasonable time frame when the widening is needed (next four to five years),then the City has the following options: 3� Council Agenda Report-DeVaul Ranch Annexation Page 6 • Require the DeVaul Ranch project to widen LOVR to four lanes from Madonna Road to Calle Joaquin and develop a reimbursement mechanism to pay the DeVaul Ranch back when other development occurs on LOUR, or • Require the DeVaul Ranch project to construct its frontage improvements as recommended in the Draft EIR. The City adopts a revision to the Transportation Impact Fee (TIF) resolution to include the widening of LOVR as a TIF project. This would require adjusting the impact fee per unit of development in the City, as appropriate. The City prioritizes the LOVR widening in its TIF program and channels TIF funds to expedite the widening project, possibly with funding assistance from the County. The City's TIF fund is reimbursed when other development occurs on LOVR. Widening LOVR to a four-lane arterial is identified in the City's General Plan Circulation Element. The limits- of the project's responsibility is along its frontage and any required transition length to LOVR's existing width. This mitigation constitutes the'project's fair share contribution to the widening of LOVR, since the project does not"cause"the need for the road to be widened, but "contributes" to the need. Future developments on LOVR (ie. Froom Ranch and Laguna West) are expected to contribute to the widening, ultimately providing a continuous four-lane cross section from Madonna Road to U.S. 101. The level of frontage improvements and widening of LOVR beyond the site as discussed above, will be decided during the subdivision stage of the review. Appropriate conditions of approval will be applied to ensure that the necessary improvements and traffic mitigation is accomplished. ADVISORY BODY REVIEW/ACTION Cultural Heritage Committee The Cultural Heritage Committee (CHC) reviewed the Cultural Resources section of the EIR for the DeVaul Ranch project and the applicant's mitigation proposal for the DeVaul Ranch house over a period of three meetings.and concluded that with the additional mitigation measures proposed by the CHC (and included in the Final EIR), the Cultural Resource impacts can be mitigated to a level of insignificance. Planning Commission The Planning Commission held a public hearing on the draft EIR and two public hearings on the annexation proposal before forwarding a recommendation of approval to the City Council (see Attachment 9, Planning Commission staff report). In addition to these public hearings, the applicants have held three community meetings to inform the neighbors about the project and answer questions. The Planning Commission took the following actions (see Attachment 10, Planning Commission actions) at a public hearing on November 4, 1998. On a 5-1-0 vote, the Commission recommended that the City Council certify the Environmental Impact Report. with changes to one finding and twelve mitigation measures. On a 6-0 vote, the Commission recommended that the Council prezone the property and support the submittal of an application to LAFCO with a change to one finding. 3-b Council Agenda Report-DeVaul Ranch Annexation Page 7 At the meeting, fifteen members of the public provided testimony on the item and a petition with 325 signatures of persons opposed to the project "in its present configuration or any density similar to the present configuration"was submitted to the Planning Commission. (A copy of the petition is located in the Council Read file). Commission discussion focused on the tarplant mitigation plan, the pedestrian refuge at the LOVR/Madonna intersection, and the provision of affordable housing(see Attachment 11,Planning Commission minutes). CONCURRENCES Comments from other City departments are reflected in the recommendation and the discussion— above. FISCAL EWPACT A fiscal study for the last General Plan update (Mundie & Associates, 1991) concluded that, in general, annexing to encompass a balance of residential and commercial development would not be fiscally harmful, and could be beneficial. A separate study has not been done for the DeVaul Ranch annexation. Fiscal impacts depend on the type of uses to be developed, service levels, State rules governing revenue and spending, and tax sharing between the City and the County. Recent agreements provide for the County to receive all property taxes (except those going to the school district or special districts) and the City to receive all sales taxes (except those going to the State). In this case,the City will only receive tax revenues from home occupation businesses. ALTERNATIVES 1. Concerning environmental review,the Council may determine that the EIR is not adequate, and identify additional information that is needed. This action would require continuance of the annexation and prezoning request. 2. Concerning the annexation, the Council may decide to not approve it. This action would result in no action being taken on the prezoning. The Final EIR, however, may still be certified. 3. Concerning the prezoning, the Council may decide to consider other zoning designations for the property. Depending on the type of zoning, further environmental review and general plan consistency analysis may be required. Attachments: 1. Draft resolution certifying the EIR for DeVaul Ranch 2. Draft resolution recommending that LAFCo approve the DeVaul Ranch annexation Exhibit A- Annexation Map Exhibit B- DeVaul Ranch Legal Description 3. Draft ordinance prezoning the DeVaul Ranch area annexation as recommended Exhibit A- Project Mitigation Monitoring Program 3 -7 Council Agenda Report-DeVaul Ranch Annexation Page 8 Exhibit B- Prezoning Map 4. Draft resolution for project denial S. Definition of practicable alterative 6. Tarplant location map 7. Location of assisted housing units in the City 8. City water supplies/demands 9. Planning Commission staff report of November 4, 1998 10.Planning Commission actions 11. Planning Commission meeting minutes of November 4, 1998 Note: The DePaul Ranch Final EIR was distributed to the City Council on November 17, 1998 and is not attached to this report. A petition was distributed to the City Council on December 2, 1998(Council Read File) and is not attached to this report. 3-S Attachment 1 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL E%1PACT REPORT(EIR)FOR THE DEVAUL RANCH ANNEXATION PROJECT LOCATED AT 11855 LOS OSOS VALLEY ROAD (ER 102-96) WHEREAS, the Planning Commission and the City Council have held public hearings on this EIR in accordance with the California Government Code;and WHEREAS, the EIR comes to the City Council after extensive review and with the comments of the Planning Commission and concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Environmental Determination. The City Council hereby certifies that the Final Environmental Impact Report for the DeVaul Ranch Annexation Project adequately identifies the project's potentially significant impacts, alternatives to the proposed action and recommended mitigation measures. SECTION 2: Findings. 1. The Final EIR was prepared in compliance with the California Environmental Quality Act(CEQA)and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each "Potentially Significant" effect identified in the EIR under the categories of Aesthetics, Cultural Resources, Biological Resources, Soils and Geology, Utilities, Affordable Housing, Traffic and Circulation, and Air Quality, the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project 4. The "Significant and Unavoidable" effects identified in the Biological and Aesthetic sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all of the identified mitigation measures or the adoption of one of the alternatives to the project analyzed in the EIR. However, the Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: 3-9 Resolution No. (199._ cies) Page 2 a. The project, with its dedication of 184 acres of land as permanent open space to the City of San Luis Obispo far exceeds the City's requirement to protect an area at least equal to the development area(38 acres). b. The project is consistent with the City's Land Use Element which states that this area is designated for medium density residential development and may accommodate about 500 dwellings. c. The project helps achieve housing goals of the City's General Plan by providing 253 dwelling units to include both market rate and affordable housing for the citizens of the City. d. The residential development will be served with City utilities and will be under City jurisdiction which is prefefred for urban scale development at the edge of the City limits. e. A proposed off-site mitigation plan shall lessen the level of significance of the significant and unavoidable effects of the project identified in the Biological Resources section of the EIR. f. The proposed height restrictions will lessen the level of significance of the significant and unavoidable effects of the project identified in the Aesthetics section of the EIR. 5. The Mitigation Monitoring Program has been reviewed and approved by the City Council in conjunction with the certification of the Final EIR. 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 1998. Mayor Allen Settle ATTEST: City Clerk Lee Price 3-/ a Resolution No. (1' Series) Page 3 - APPRONfM.AS TO FORM: -- - lyp6rnyleffrefen . 3-r Attachment 2 RESOLUTION NO. (1998 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY-FORMATION COMMISSION APPROVE ANNEXATION NO. _ AT 11855 LOS OSOS VALLEY ROAD; DEVAUL RANCH ANNEXATION (ANNX 102-96) WHEREAS, the Planning Commission and City Council have held public hearings on the proposed DeVaul Ranch Annexation;and WHEREAS, the City Council on December 15, 1998, by Ordinance No. (1998 Series), certified the Environmental Impact Report (EIR) for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090;and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of the Zoning Map by prezoning the annexation property for the annexation Imown as the DeVaul Ranch Annexation;and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Section 2;and WHEREAS, this proposal is consistent with the sphere of influence of the affected city; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. 1. The annexation is appropriate since the site is contiguous to the City on its north and east sides and the site is within the urban reserve line of the City. 2. The annexation of the site is a logical addition to the City due to its location in relation to existing urban development. 3. The annexation is consistent with the goals and policies of the City's General Plan. SECTION 2: Annexation Area Described. The DeVaul Ranch Annexation consists of that area, including approximately 222 acres on the south side of Los Osos 3-/2 Resolution No. (1S ',eries) Page 2 Valley Road, generally east of Madonna Road, in the County of San Luis Obispo, being Assessor's Parcel Numbers 067-241-001 and 067-231-006, as shown on the attached map,Exhibit A,and legally described in the attached Exhibit B. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation subject to property owners compliance with City requirements regarding environmental mitigation and public improvements as described in the project's EK in accordance with California Government Code Section 56844 et seM, . SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the EIR, and all pertinent supporting documents to the Local Agency Formation Commission. 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 , 1998. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: ld o ey ff J rgensen 3 -1,L \41 EXHIBIT A j LAGUN ,� C/OS - 40 c/os-aa, /C/OS- LAKE PF PF e PF SPF R— � O A R � ♦ t U05-4� • Development •I �• Area ,I t. PF' ,•0• open space 40 '• Project Site s-P C-s le 4 • I • ram C—T Source: DeVaul Ranch PD Application No Scale DD wmug Rmn@h pDD Draft EIR Location Attachment 3 ORDINANCE NO. (1998 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE OFFICIAL ZONING MAP TO PREZONE THE LOWER 38 ACRES OF THE SITE AS R-1, R-29, R-39 PF AND THE REMAINING 184 ACRES AS C/OS-160 WITH A 160-ACRE MINII� PARCEL SIZE, CONTINGENT UPON FINAL APPROVAL OF ANNEXATION OF THE SITE AT 11855 LOS OSOS VALLEY ROAD (R 102-96) WHEREAS, the Planning Commission conducted a public heating on November 4, 1998 and recommended prezoning the proposed annexation site R-1, R-2, R-3, PF and C/OS-160; and WHEREAS, the City Council conducted a public hearing on December 15, 1998 and has considered testimony of interested persons, the records of the Planning Commission hearing and action, and evaluation and recommendations of staff in accordance with Section 65800 et. seq. of the California Government Code; and . WHEREAS, the City Council finds that the prezoning is consistent with the General Plan Land Use Element map and text and the purposes of the Zoning Regulations and other applicable City ordinances; and WHEREAS, the City Council has certified the Final Environmental Impact Report, pursuant to the California Environmental Quality act Guidelines Section 15090. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION L The City Council fords and determines that the project's Final EIR adequately addresses the potential significant environmental unpacts of the proposed prezoning, and reflects the independent judgment of the City Council. The Council through the certification of the Final EIR incorporates the Mitigation Monitoring Program in Exhibit A into this project. SECTION 2. The Zoning map amendment (prezoning) designating the lower 38 acres of the site as R-1 (Low-Density Residenital), R-2 (Medium Density Residential), R-3 (Medium-High-Density Residential) and PF (Public Facility) and the remaining 184 acres as C/OS-160 (Conservation Open Space with 160-acre minimum parcel size) as shown on the attached Exhibit B, is hereby approved, based on the following findings: 1. The prezoning is consistent with the City's Land Use Element which calls for residential development on the lower portions of the site and open space preservation of the hillsides. EXHIBIT B Legal Description PARCEL L Lot C of the subdivisions of part of Lot 60 of the Ranchos Canada de Los Osos and La Laguna, in the County of San Luis Obispo. State of California, according to map recorded in Book A, Page 85 of Maps. in the office of the County Recorder of said County. EXCEPT therefrom that portion of said land described in the deed to the City of San Luis Obispo recorded March 16, 1977 in Book 1964, Page 355 of Official Records, in the office of the County Recorder of said County. PARCEL 2: Lot 60 of the subdivisions of the Ranchos Canada de Los Osos and La Laguna made by James T. Stratton, in the County of San Luis Obispo. State of California, according to map recorded in Book A. Page 83 of Maps, in the office of the County Recorder of said County. EXCEPT therefrom that portion conveyed to Ludwig Nelson in deed dated March 21, 1884 and recorded in Book S. Page 19 of Deeds, records of said county, described as follows: Beginning at the most Easterly corner of said Lot 60 at a post marked S180; thence North 34 1/40 West along the Northeasterly line of said lot, 12 chains to station; thence South 55 3/4' West and parallel with the Southeasterly line Of said lot, 101.03 chains to the Southwesterly line of said for theace South 430 East along said Southwesterly line, 12 chains to the most Southerly corner of said lot; thence North 55 3/4° East along the Southeasterly line of said lot, 99.33 chains to the point of beginning. ALSO EXCEPTING therefrom Lots A. B, C and D and the parcel shown as 'Avenue' of the subdivisions of part of Lot 60 of James T. Stratton's subdivisions of the Ranchos Canada de Los OSos and La Laguna, in the County of San Luls Obispo, State of California, according to map recorded in Book A. Page 85 of Maps, in the office of the County Recorder of said County. Ordinance No. i8 Series) Page 2 2. The prezoning allows for development which will be compatible with the surrounding residential neighborhoods. 3. A prezoning is appropriate at the proposed location and will be compatible with surrounding land uses which are primarily residential in nature. SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city. This ordinance shall go into effect upon the date of final action by the City Council on the annexation. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1998, on motion of , seconded by , and on the following roll call vote: Ayes: Noes: Absent: Mayor Allen Settle ATTEST: City Cleric Lee Price APPROVED AS TO FORM: tyorne J J ensen 3-l6 EXHIBIT A DeVaul Ranch Planned Development Mitigation Monitoring Program City of San Luis Obispo Community Development Department November 1998 3 - ? DeVaW Ranch PD ETR 11.2098 Mitigation Program IN'MODUCITON For years, land use professionals have been concerned that there was a loophole in California's environmental review procedures. In many instances, the mitigation measures recommended by environmental documents were not part of the conditions of approval nor were they fully implemented during the development of the project. As a result, opportunities to mitigate potential problems fully were lost. State legislation, AB 3180, is designed to close this loophole. This law requires all public agencies in California to adopt a mitigation monitoring program when they approve projects that are subject to the requirements of the California Environmental Quality Act The objective of the law is to establish a process that defines the following. • The measures the agency intends to adopt to mitigate significant environmental impacts; and •The procedures the agency intends to use to monitor the implementation of these conditions. AB 3180 Although AB 3180 is a significant piece of environmental legislation, its provisions are simply stated. The entire text of the bill is as follows: SECTION 1: Section 21081.6 is added to the Public Resources Code, to read: 21081.6 When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2)of subdivision (c)of Section 21081,the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction bylaw over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency,prepare and submit a proposed reporting or monitoring program. SECTION 2.No reimbursement is required by this act pursuant to Section 6 of Article XII1B of the California Constitution because the local agency or school district has the authority to levy service fees or assessments sufficient to pay for the program or level of service mandated by this act. 1 3-�8 DeVaul Ranch PD EIR 11.20.98 Mitigation Reporting Mitigation reporting refers to a written report which lists all of the mitiagation measures a public agency intends to adopt which will reduce or eliminate a projects potentially significant impacts. Although many conditions may be part of the project's approval, not all the conditions must be included in the mitigation reporting program. AB 3180 addresses itself only to those.issues that would have a significant impact unless mitigation measures are applied. Section 21081.6 indicates that lead agencies must adopt a reporting program in order to "avoid significant effects on the environment." Monitoring Monitoring is the follow-up effort by a public agency to ensure that the mitigation measures they have adopted have been implemented. In some instances, the monitoring work can be accomplished by the Planning or Public Works staff as they review project plans. In other instances, field inspection may be necessary. Written documentation of the monitoring effort is a necessary and important part of the mitigation program to provide the City and the public with a written record of the mitigation program. While this mitigation program identifies who is responsible for implementing the EHVs mitigation measure, the City must document when and how the mitigation measure is implemented. Each time a department or agency takes an action related to the implementation of a mitigation measure, a written report must be prepared to describe the way in which each mitigation measure was carried out, any observations that were made, the need for any follow-up work, and recommendations to improve the monitoring or the success of the mitigation measure. Collectively, the written reports will provide a written history of the implementation of these mitigation measures. 2 3-19 c � � •v � � ani o � V G N • ,+ 0 � d � d W > P4 QU V QA a. 04 w Q w Q v0i 9 - 3 ulvA v ' 4.4 r r C O �. r. .O ... O ,O d y � o of0 .9 3 � ., 4 O O O x in m V U y 00 O o US y � O o Y .. rA is a 0 ,� •O dPw ... 3. m a, r. o 0 o O Qo� 10 'rOn d .0 to O a d O •O �g t: g • f, = to �. f1. 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Ol in y v ELM rA.y .fl m w w �O s0. >, i btu O yy N N ' C ed -w � a; acoo � t w ° a° c , 3 3H O (a _Im� to o CK � c K z a a 3-5 EXHIBIT B � I M � i C Los Osos Valley Road —„—„ —..—..—..—..—. N e �mr n,•u W J � o EI 17 re I IDin 10 : 0 6 V ( e •i I I I I I I I 1= 3 a I Il CD m #rJl j i O E3. n c LIQ I � Iv _• I ” / / 1 \ 1 1 1 1 1 1 1 e 1 2 LJ N6 vra as 1 w D Ve I o i=IL I o I • I I � I I � � I a C a Ij i O s i aoa > W Q cl WV }� e Y I^ I 0 YI N I L I o $ N x"55 Attachment 4 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A REQUEST FOR ANNEXATION AND PREZONING FOR 222 ACRES AT 11855 LOS OSOS VALLEY ROAD (ANNX 102-96) WHEREAS,the Planning Commission conducted a public hearing on November 4, 1998 and recommended: 1)prezoning the proposed annexation site R-1, R-2, R-3, PF, and COS-160 and 2) forwarding a resolution to LAFCO requesting annexation approval; and WHEREAS,the City Council conducted a public hearing on December 15, 1998 and has considered testimony of interested persons, the records of the Planning Commission hearing and action,and evaluation and recommendations of staff; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Fes. That this Council, after consideration of a request for annexation and for a prezoning the proposed annexation site to R-1, R-2, R-3, PF, and C/OS-160,makes the following finding(s): (Council to insert findings.) SECTION 2. Denial. The request for annexation and approval of the prezoning described above is hereby denied. 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, 1998. Mayor Allen Settle ATTEST: A-54 Resolution No.. (17-48 Series) Page 2 City Clerk Lee Price. _ APPROVED AS TO FORM. City Attomey.Jefff Jorgensen Z-S 7 Attachment 5 Nacticable alternative shall mean (1) the project's basic purpose could still be i Glossary accomplished either through a redesign or a reduction in massing, scale, or density, or (2) if changes are required to the project's design, scale, or density, reasonable use of the subject property could still occur. Reasonable use of the property in the case of new development may include less development then indicated by zoning. In the case of additional development on an already developed site, reasonable development may mean that no additional development is reasonable considering site constraints and the eadsting development's scale, design, or density. e 3 2 A E� i I P E CY L t 6 C i t Y. E �p F F t e F r City of San Luis Obispo -General Plan Digest GL-13 3-SE b• �,Y, ,,� Attachment 6 j LAGUN� r C/OS - 40 c/os-aa, /C/O S- O 9 / 4 b a F : LAKE PF SPF r;�i 6. .�. PF QD etaF d PF R- \ 1 C-N m. A Cr. � •a -40J/ =� k r I Proposed Open SpaceI Dem�P ` \p Dedication to the city .�► • PFO of San Luis Obispo •I* '�;` Area of tarplant I•I occurrence I' Open Space �•�-project Site c-s-P •I`I .I`I 400 C- 1011, - I` ` =o, .-"C-T Source: DeVaul Ranch PD Application No Scale B@W& O Rgifo@h pD Map B-1 Tarplant Location 3-5' Assisted HoL it 'ftes In The City d San Luis Obis ss of 10/29/98 Poes nd incl"`lee_ n 8 voudws) Attachment 7 _ r r IJLILJl. 147 Ir \ r/ tM �( _ �, i ^� I IJGC® •�NJ�?i�•...:..c9wl'l^•w.:. ' n' w;"T,+: .•.�:. ,Pi"'� t�Y�" 1 ,,ice,,:%n ON IL w 27 �, \ 120 2 J �Y k ✓ 16 r 1 +10 �� i' r J J Ifs, N' I(I\ _j.. .. •. , . ,7r.. ✓.'x LJ I If 26 ��yy LI - �'`` i`�.'.. µ,�y.� , __ 1111 A.,�T'�•�• ., 1::. �` 11.. =Faun t. -• ;,.. . —I — F 4f_� 1.3000 - 107 MBs 71.476490 Ffi�l Swed- lolmits 20.16DOTao- 20 oils A 2 1447 Rapt Way.8 uib 12 441&adl Street- 8 Mb 21.7172-1196 Ldf S"d- 20 Mtls / 11550 Manna Pmao-120 v16 13.2123 MBI. - 3=b 22 4260 ScA Kgxm 15 oils 4.2MMA-9 a- 16MIts 14.223F69h Stied- 6LXft 23.116MLOMR- 20Mss 5.1M SMft=o- 3 mb 15.456.483 Leg Street- 20 Mils 24.643 LUm#BO- 12 oils 6.1045Saslroo0- 34M48 16.6MPaNw Snd- 20Mia 25.6489ald- Busts N 7.1105 Lsud Late- 241.m 17.611 8ftN e- 30 uit 26.not Osrbark- 20 ons Total#Of Assisted units 8.4095Pcmwft. 20,sds 1&9%Nbmaeysaed- 65,aiu Z7.10621stay- gaits as of10129M=668 9.711UO. - 3uids 26.537®4�laa- SurdM 10.161503m- 21uia. 19.506 MR*may- 20M4s ...:....o�.� 5 -4 Attachment S Projected Water Demand (approximate annual water use in a(xe-feet) Post-1994 Annexations Other Potential Approved' Annexations Pending* Annexations' Urban Area Build-out EI Capitan 4 DeVaul ; 101 Dalidio 80 Exis in in city 1994 7,052 Goldenrod 13 Fuller Road 66 Froom Ranch 30 1994 city limits infill and Prefumo Creek 17 Margarita 370 Orwtt 170 Intensification development 602 Homes ice: ....,1.1 �'�P_ Aero Drive:< *=*: 6.` Madonna(Auto 6 Post-1 Ham. 994 annexations Z Park) E1.lihoma";•r":;:=�`2 :Sfadleyrroudistpnel>s�. '.`:'21z McBride Park) : 3 (amroved.pending,potentiail : 1.442 ..�. •�!9 � '. Area.balance ,::.°+,426 Other sites- : 101 Subtotal-new deve nt 2.044 Totals: 62 990 390 ; 9.096 Lasted order of sites has no significance. Reliabilidy Reserve 2,000 Including LUE mapped sites at Madonna inn,FoothID.Highway 101,Miossi,Alrita. Siltation Reserve 500 Shaded cells oomprise the Airport Amaas rrrapAed in 1994 =Tow Enuirement 11,596 Source:City of San Luis Obispo, February 1998 Water Supplies (approximate safe annual yield in acre-feet) Existing Proposed [anticipated year available) Total Salinas&Whale Rock Coordinated Water Reclamation, nonpotable [2000] 1,200" Use, potable 7,235 Salinas Expansion, potable [2003] 1,650a Groundwater, potable&nonpotable 500 Nacimiento, potable [2004) 3,380c Totals: 71735 1 6,230 13,965 Notes: A-Subject to State approvals. B-Subject to transfer from Federal to local ownership. C - Tentative subscription request subject to County approval; to be reduced if other sources are obtained. I Source:City of San Luis Obispo,April 1998 x -G,1 Attachment 9 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT rrEM# I BY: Peggy Mandeville,Associate Planner MEETING DATE: November 4, 1998 FROM: Ron Whisenand, Development Review Manage FILE NUMBER: Annex/R/ER 102-96 PROJECT ADDRESS: 11855 Los Osos Valley Road SUBJECT: Consideration of a recommendation to the City Council for a request to annex and prezone a 222 acre site (DeVaul Ranch) to allow for the future subdivision and development of 38 acres with approximately 147 single family dwellings and 106 multi-family dwellings, a 3- acre park,and 184 acres dedicated to the City as open space. RECOMMENDATION A. Recommend to the City Council that the Final Environmental Impact Report (EIR) be certified. B. Recommend to the City Council that the lower 38 acres of the site be prezoned as R-1 (Low- Density Residential),R-2(Medium Density Residential), R-3 (Medium-High Density Residential),PF (Public Facility) and the remaining 184 acres be prezoned as C/OS-160 (Conservation Open Space with 160-acre minimum parcel size). C. Recommend to the City Council that they support the Annexation with the submittal of a "Resolution of Application"to LAFCO. BACKGROUND Project History In July 1996 the applicant,DeVaul Ranch,LLC applied for annexation and prezoning of this 222 acre site located at the southwest corner of Madonna Road and Los Osos Valley Road. The original project submittal called for a 112 acre project with 56 acres of residential development (which included the neighboring Laguna West property),56 acres of land dedicated for open space, the removal of the DeVaul ranch house and the removal of two windrows of mature trees. In October 1997 a revised application was submitted which eliminated the Laguna West property. An EIR was prepared using this revised application as the project description. Since the October 1997 resubmittal,the applicant has made the following additional changes to project plans: • An increase in the amount of land dedicated to the City for open space to 184 acres. • Preservation of the DeVaul ranch house and complex at its present location. • Preservation of the cypress windrow that abuts Madonna Road. Because these last three changes were made by the applicant during the preparation of the EIR,the EIR does not recognize these changes in the project description. These changes, however, are considered project improvements and applicant proposed mitigation measures and therefore do not 3-bi DeVaul Ranch Annexation Project Page 2 require further environmental review. Data Summary Address: 11855 Los Osos Valley Road Applicant: DeVaul Ranch LLC Environmental status: The Final EIR (which includes the revised Draft and Final EIR in one document) has been prepared and distributed to the Commission and made available to the public. Project action deadline: Legislative actions are not subject to processing deadlines. Site description The project site is located southeast of the intersection of Madonna Road and Los Osos Valley Road(see Attachment 1). The site is outside of and abutting the City limits and the area proposed for development is within the City's urban reserve line and designated on the City's Land Use Element map as Medium Density Residential. The upper portion of the site is currently undeveloped and the lower portion has been used for agricultural purposes and contains two single family residences. Project Description The DeVaul Ranch LLC has submitted an application to the City for the annexation and prezoning of the 222 acre site. If the annexation is approved,the applicant will submit plans for a tentative subdivision map and architectural review to allow the development of 253 dwelling units, a 3 acre park and 184 acres designated as open space. The application before you specifically includes: ■ Environmental Impact Report (EIR) to evaluate the project's potential impacts on the environment. ■ Annexation of a total of 222 acres of property to the City (see Attachment 2). The developable portion of the site contains about 38 acres; the remainder of the site, consisting of about 184 acres of hillside land,would be retained as open space. ■ Prezoning the lower 38 acres of the site as R-1 (Low-Density Residential), R-2 (Medium Density Residential), R-3 (Medium-High Density Residential), PF (Public Facility) and the remaining 184 acres as C/OS-160 (Conservation Open Space with 160-acre minimum parcel size). See Attachment 3 for details. Once again, applications for development of this property will not be heard until the site is annexed to the City. Therefore, this agenda item is a hearing to consider the adequacy of the Final EIR in terms of its compliance with the California Environmental Quality Act (CEQA), and a hearing to consider the annexation and prezoning. The Planning Commission's action on this item should be in the form of a recommendationto the City Council. DeVaul Ranch Annexation Project Page 3 EVALUATION The evaluation section of this report is structured to provide a discussion of the application requests, the adequacy of the EIR, key environmental issues, and the recommendations provided by the Cultural Heritage Committee. L APPLICATIONREQVESTS Annexation The City's Land Use Element identifies the site as within the Special Design Area of the Irish Hills. The Land Use Element calls for the site to be "zoned for appropriate urban districts upon approval of development plans." Additionally,the element notes that"About 38 acres northerly from the vicinity of the Garcia Drive intersection is designated Medium-Density Residential. This area may accommodate about 500 dwellings. There should be a range of housing types, with low density, medium density, and medium-high density development each occupying about one-third of the area." Finally, the Land Use Element states that development plans for the area should include the following: A. Street intersections consistent with the Circulation Element and no driveway access, to minimize disruption to traffic flow along Los Osos Valley Road. B. Pedestrian,bicycle,and vehicle access between any separate development sites, in addition to access provided by Los Osos Valley Road. C. Sufficient setbacks for traffic noise mitigation. D. Building heights, setbacks, and spacing to allow views of the Irish Hills from Los Osos Valley Road. E. Permanent open space protection of hill areas at least equal to the development area. The Land Use Element also identifies the lower portion of the site (proposed for development)as within the City's Urban Reserve Line and located within one of the City's principal expansion areas. For these reasons, the proposed annexation can be found consistent with the goals and policies of the City's General Plan and therefore, staff recommends approval of the proposed annexation. Prezoninn As noted in the project description, the applicant proposes that the site be zoned for residential development(with Planned Development zoning), open space and public facilities. The PD zone for the residential portion of the project is intended to encourage imaginative development and the effective use of sites. It does this by allowing more variation in project design than normal standards would allow. Such variations from normal standards should provide benefits to the project occupants or to the community as a whole which could not be provided under conventional regulations. Through the use of PD zoning, lot size, configuration, yards, height, coverage and parking may be specified for the project without conformance to the standards of the underlying zone. 3- 6 DeVaul Ranch Annexation Project Page 4 When the Planning Commission reviewed the PD zoning request in August, there were several questions regarding the proposed types of homes and the extent of the eight requested variations regarding lot width, depth, size and setbacks. Once the homes have been designed, the applicant will know which variations need to be requested. To address this situation now, the applicant is requesting R-1, R-2, and R-3 zoning (without the PD overlay) and will pursue the PD zoning overlay in conjunction with the tentative map and architectural review application process. H. ADEQUACY OF THE EIR An EIR was prepared for this project by c•ea Planning Consultants. The Planning Commission reviewed the Draft EIR on June 24, 1998. At that meeting, the Commission and the public provided the EIR consultant with comments on the draft document. On August 26, 1998 the Planning Commission reviewed the Final EIR and directed staff and the consultant to revise the document to: 1) locate a boundary for the ranch house complex that can be agreed to by the EIR consultant, staff and the Cultural Heritage Committee; 2) provide more detailed responses to comments; and 3)make the Final EIR more user friendly. A new Final EIR (which includes the Draft EIR) was distributed to the Commission on October 28, 1998. Included in the Final EIR (page 2-11) is a summary of project related environmental issues and how the project has been modified and conditioned to address these issues. This summary can also be found in Attachment 4 of this report_ Other issues addressed in the Final EIR include: 1. lmnact on Area Schools The San Luis Coastal Unified School District was sent a copy of the DeVaul Ranch Draft EIR and asked to provide comments. When no response-was received, City staff called to District to inquire. The District stated that they were anticipating the DeVaul Ranch residential project and they could accommodate the additional students and remain well below capacity at the schools these students would be attending. 2. Eucalyptus Windrow Removal of the eucalyptus trees will not result in a significant impact either aesthetically or biologically. 3. Street Widths Specific street widths will be evaluated during the tentative map process. The evaluation will consider traffic-calming measures as well as compliance with public safety codes. 4. Rainfall The concerns regarding annual rainfall differences throughout the community has already been considered in the City adopted design criteria. There are variances in the rainfall amounts throughout the City during storms, but the rainfall amounts in the entire San Luis Obispo Creek watershed (which includes City and County areas) have been considered in the establishment of design criteria. Any concerns for flooding caused by this development would be mitigated under the City's established design criteria through conditions of approval so as not to exacerbate any DeVaul Ranch Annexation Project Page 5 existing problem area. 5. Park/Detention Basin The 3 acre park/detention basin site is divided into two areas: the northern acre which is located outside of the detention basin will be dedicated.to the City as a public neighborhood park. The southern portion which is within a detention basin will remain under the responsibility of the developer/homeowners association, but will be available for public use when not impacted during periods of heavy rain. Special design measures will be required as a condition of development plans to reduce the amount of time the basin will not be available for public use. 6. Project Alternative-Reduced Density As required by CEQA,the project alternatives must reasonably attain the basic objectives of the proposed project For this reason, creating an alternative that substantially reduces density and changes the basic objectives of the project may not conform to this CEQA requirement nor does it comply with the City's General Plan, which calls for the development of 500 dwelling units in the Irish Hills Expansion Area. 7. General Plan Consistency When the initial study was prepared for the DeVaul Ranch project in 1997,General Plan consistency was not identified as a potential environmental impact. However,the July 1998 biological survey of the site revealed the presence of thousands of Congdon's tarplants on site. This was a significant change from the previous year when only a few plants were found in the same area. The Congdon's tarplant is included in the California Native Plant Society(CLAPS) inventory in List 1B (Plants Rare and Endangered in California and elsewhere)and List 2 (plants thought to be rare and endangered in California,but common elsewhere). It is included in the California Department of Fish and Game Natural Diversity Data Base List of Special Plants,but it is not at present listed by the State or Federal government as endangered or threatened. In its Open Space Element, the City of San Luis Obispo has chosen to protect plants on the CNPS List 1B and List 2. The City's Open Space Element provides two types of protection for various plant species by classifying them as "sensitive habitat" or "unique resource". By virtue of being on the CNPS list, the Congdon's tarplant is classified as "sensitive habitat" in the Open Space Element. The "sensitive habitat" policy requires that all occurrences of a plant or animal habitat be preserved in place as open space, with buffers. This level of protection actually goes beyond the requirements of.the State and Federal endangered species acts which do allow for some disturbance and off-site mitigation within the framework of a habitat conservation plan. In order for the City to approve the DeVaul Ranch project, the City's adopted Open Space Element must be amended to allow alternative methods of protection for the Congdon's tarplant. 8. Siggificant and Unavoidable Impacts The EIR concludes that the project will result in significant and unavoidable biological and aesthetic environmental impacts. The biological impact is caused by the loss of habitat of the Congdon's tarplant, a species determined to be sensitive by the California Native Plant Society, 3 _6•` DeVaul Ranch Annexation Project Page 6 but not by the State or Federal Endangered Species acts. To reduce the level of biological impact, the EIR consultant recommends that an off-site mitigation plan be implemented to replace some of the Congdon's tarplant that will be destroyed. Although this measure will reduce the level of impact, it will not result in mitigating the impact to a less than significant level. Therefore, the City will be required to adopt a statement of overriding considerations if it were to accept the project as submitted. The aesthetic impact is caused.by the change in visual integrity of the view from rural to urban. Even creating lots as large as one-acre may not mitigate this impact as the area would still undergo a major change in its appearance and use. Even though the area is designated in the City's General Plan for urban development,there is little in terms of mitigation that can be done to reduce this aesthetic impact to a less than significant level. Therefore, the City will be required to adopt a statement of overriding considerations for aesthetic impacts in order to approve any development on the site. Staff recommends that the City Council adopt a statement of overriding considerations and certify the EIR. III. ENVIRONMENTAL ISSUES The project EIR reviewed the potential project impacts of aesthetics, cultural resources, biological resources, geology and soils, utilities, affordable housing, traffic and circulation, noise, and air quality. Mitigation measures are recommended by the EIR consultant to address these impacts. Aesthetics The EIR consultant recommends that three of the five apartment buildings be limited to 26 feet in height unless during the architectural review process the applicant can demonstrate through the site plan and architectural redesign of the apartment complex that views of the upper portions of the Irish Hills will not be blocked. Cultural Resources The Draft EIR recommended the historic setting(ranch complex)around the country house be protected. The ranch complex generally follows fence lines around the residence,but does not include the barn or windrow of eucalyptus trees which were not determined to be historically significant. In response to this recommendation,the applicant proposed a 60 foot setback from the DeVaul Ranch house. The Planning Commission reviewed this proposal at their August 26 hearing on the Final EIR and directed the applicant to work with staff,the EIR consultant and the Cultural Heritage Committee (CHC)to identify a boundary that could be agreed to by all parties. In response,the applicant has submitted a mitigation proposal (see Attachment 5) which shows the DeVaul Ranch house on a lot over an acre in size and the lots abutting it reconfigured to protect the historical integrity of the DeVaul Ranch house and its historic setting. City staff,the 3-6b DeVaul Ranch Annexation Project Page 7 EIR Consultant and the CHC have reviewed the applicant's mitigation proposal and conclude that it mitigates the Cultural Resources impact to a level of insignificance. Finally,the Draft EIR recommended that the subsurface area within the DeVaul Ranch complex not be disturbed,or a qualified archaeologist must conduct subsurface test excavations consistent with City requirements to discover the location and nature of subsurface historical resources. The CHC reviewed the Cultural Resources section of the Draft EIR with the applicant and recommended adding the following additional mitigation measures: 0-6. Mitigation measure 0-6 shall also include a requirement for monitoring by a qualfied archaeologist and Native American monitor during site disturbance within the DePaul Ranch complex. Additionally, Mitigation measure 0-6, shall also apply to any ground disturbing activities (e.g. grading, road or trail construction) within proximity of any identified prehistoric cultural resource site. 0-9. Prior to site disturbance or construction activities, a pre-construction meeting shall be held with the developer, building and grading contractors, and City staff to discuss the mitigation and monitoring requirements and to clarify measures to be taken to protect cultural resources. 0-10. The developer shall rehabilitate the DePaul Ranch House for its continued residential use, or other appropriate adaptive reuse, consistent with the Secretary of the Interior's Standards for Rehabilitating Historic Properties. 0-11. Prior to construction permit issuance, the developer shall enter into a preservation covenant to ensure that the any changes or additions to the DePaul Ranch House are done in a manner which complies with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Rehabilitating Historic Properties. These items have been included as mitigation measures and have been accepted by the applicant. ALTERNATIVES 1. The Commission may recommend that the Council deny the project. Action denying the application should include the findings for denial. 2. The Commission may continue review of the project. Direction should be given to the applicant and/or staff regarding desired information. RECOMMENDATION A. Recommend to the City Council that the Final EIR be certified, based on the following findings: 3-6L DeVaul Ranch Annexation Project Page S Findings 1. The Final EIR was prepared in compliance with the California Environmental Quality Act(CEQA)and was considered by the City prior to any approvals of the project. 2. The Final EIR reflects the independent judgment of the City. 3. For each "Potentially Significant" effect identified in the EIR under the categories of Aesthetics, Cultural Resources, Biological Resources, Soils and Geology, Utilities, Affordable Housing, Traffic and Circulation, and Air Quality, the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project 4. The "Significant and Unavoidable" effects identified in the Biological and Aesthetic sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all of the identified mitigation measures or the adoption of one of the alteratives to the project analyzed in the EIR However, the Council finds that the adverse environmental effects are acceptable and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. The project,with its dedication of 184 acres of land as permanent open space to the City of San Luis Obispo far exceeds the City's requirement to protect an area at least equal to the development area(38 acres). b. The project is consistent with the City's Land Use Element which states that this area is designated for medium density residential development and may accommodate about 500 dwellings. c. The residential development will be served with City utilities and will be under City jurisdiction which is preferred for urban scale development at the edge of the City limits. d. The proposed off-site mitigation plan will lessen the level of significance of the significant and unavoidable effects of the project identified in the Biological Resources section of the EIR e. The proposed height restrictions will lessen the level of significance of the significant and unavoidable effects of the project identified in the Aesthetics section of the EIR. 5. The Mitigation Monitoring Program has been reviewed and approved by the City Council in conjunction with the certification of the Final EIR B. Recommend to the City Council that the lower 38 acres of the site be prezoned as R-1 (Low- Density Residential),R-2(Medium Density Residential), R-3 (Medium-High Density Residential),and PF(Public Facility), and the remaining 184 acres be prezoned as C/OS-160 3-67 DeVaul Ranch Annexation Project Page 9 (Conservation Open Space with 160-acre minimum parcel size)based on the following findings: Findin s 1. The prezoning is consistent with the City's Land Use Element which calls for residential development on the lower portions of the site and open space preservation of the hillsides. 2. The prezoning allows for development which will be compatible with the surrounding residential neighborhoods. C. Recommend to the City Council support for the Annexation,with submittal of a"Resolution of Application"to the Local Agency Formation Commission(LAFCO), based on the following findings: Findings 1. The annexation is appropriate since the site is contiguous to the City on its north and east sides. 2. The annexation of the site is a logical addition to the City due to its location in relation to existing urban development. 3. The annexation is consistent with the goals and policies of the City's General Plan. Attached: 1. Vicinity map 2. Annexation map 3. Prezoning map 4. Summary of Project Related Environmental Issues 5. Applicant's Cultural Resources N itgation Proposal Previously distributed: Final EIR Attachment 10 DRAFT PLANNING CONMUSSION ACTION Motion on DeVaul Ranch Project, 11/4/98 The Planning Commission recommended that the City Council certify the Final Environmental Impact Report,prezone the lower 38 acres of the site as R-1,R-2,R-3, PF and the remaining 184 acres as C/OS-160,and support the Annexation with the submittal of a Resolution of Application to LAFCO as recommended by staff with the following change to Finding 4d and revisions to mitigation measures in the Final EIR: (Findings) 1. Finding 4d(EIR certification)shall be revised as follows: The A proposed off-site mitigation plan will shall lessen the level of significance of the significant and unavoidable effects of the project identified in the Biological Resources section of the EH?- 2. IR2. Finding 1 (Annexation)shall be revised as follows:: "The annexation is appropriate since the site is contiguous to the City on its north and east sides and the site is within the urban reserve line of the City". (Mitigation Measures) 1. Mitigation measure F-3 shall include the following additional language: "The mitigation Alan shall include the Provision for replacement of habitat to the satisfaction of the Natural Resources Manager should the initial mitigation program be unsuccessful'. 2. Mitigation measure J-10h shall include the following additional language: "The raised median on LOVR shall include apedestrian refuge,including a push button for activation of the pedestrian crossing Phase of the traffic signal. 3. Mitigation measure D-8a shall be revised as follows: "Eliminate proposed lots 55, 56,and 57 as shown on the original project concept Planh to allow greater exposure of the ranch house/complex area and the surrounding open space. If possible,the applicant should be allowed to adjust the tentative tract map so that the overall number of residential lots remains the same." 4. Mitigation measure D-8b shall be revised as follows:: "Adjust the configuration of the proposed ponding/debris basin as shown on the original project concept plan, so that it accommodates the ranch house, a quiet pieiiieAnil head aFea and small and trail head." Draft Planning Commission Minutes Motion on DeVaul Ranch, 11/4/98 5. Mitigation measure E-1 shall include the following additional language: "The ap 1p icant proposes to leave the DeVaul ranch house in its present location. See AARnendix F-Applicant's Cultural Resources Mitigation Proposal." 6. Mitigation measure E4 shall be revised as follows: "Mitigation measure D-8 (Aesthetics section)recommends eliminating lots 55-57 as shown on the original project conceptial site plan for aesthetic considerations. Implementing this measure will also allow the DeVaul Ranch house and ranch complex to be viewed in its historical context. If possible,the applicant should be allowed to adjust the tentative tract map so that the overall number of residential lots remains the same." . 7. .Mitigation measure F-1 shall be revised as follows: "Dedication of 37.9 acres to the City for gFeeBbelt open space." S. Mitigation measure F-2 shall be revised as follows: "Annexation and m-Pre-zoning of 145.8 acres as conservation/open space with 160-acre minimum parcel sizeC� /OS- 1601 Since the preparation of the Draft EIR,the applicant has submitted a letter to the City offering the dedication of 184 acres." 9. Mitigation measure H4 shall be revised as follows: "56 uahs ef the pFejeet%411 lie into the eight insh sewer-me4.adei—ma —And-the fremaiBiEg-197units VM!tie inte the Hkin line in Gareia Read. Final engineering for the planned development will include analysis to determine the tie-ins to the eight inch sewer main in Madonna Road and/or the main line in Garcia Road." 10. Mitigation measure 1-1 shall be revised as follows: "The DeVaul Ranch Planned Development intends to provide affordable housing consistent with Policy 1.22.10 of the Housing Element, wig eseaf. his pokey Esquifes too pereeSt of the prepesedhewsing tie-lie ss i 1. Mitigation measure 1-2 shall be revised as follows: "Since the applicant is requesting development standard waivers,affordability guarantees must be structured to keep the units permmeody affordable at below market rental or purchase cost in accordance with the Housing Element. Such guarantees should be identified prior to consideration of the tentative tract map." 12. Mitigation measure J-1 shall be revised as follows: "Dedicate 63 feet of right-of-way or as otherwise required by the City and make ultimate improvements to LOVR along the project's frontage to mitigate significant impacts to the Madonna/LOVR intersection." 3 -7c Planning Commission Minutes November 4, 1998 Attachment 1'1 Ron Whisenand stated the issue before the Commission is General Plan conformity of the abandonment. There are a number of issues in terms f common driveways, road improvements, etc., that will be reviewed/cons' ered as part of the City Council process. Commissioner Ready asked how 1515 and 1525 Johnson Av ue will have access to Johnson Avenue. Ron Whisenand stated there will be a requirement for gal access. This will also be addressed by the City Council. Mr. Kenny, Public Works Supervising C' Engineering, stated staffs recommendation would be for Council to re ire improvements for the driveway to meet city standards and reserve the ' ht for the other two parcels to pass over the portion that would accrue t e comer property at 1265 Buchon St. Landscaping would be beyond the pe of a street abandonment. Commissioner Jeffrey ov to find that the fight-of-way abandonment is consistent with the Gen"I Plan and forward a report to the City Council recommendin a rov of the abandonment based on the findings and sub'ect to the conditions corfiained in the staff report. The motion was seconded b Commissioner R d . AYES: Commissioners Jeffrey, Ready, Manx, Whittlesey, and Chairman Senn NO None RAIN: Commissioner Ewan The motion carried 5-0-1. There is one vacant seat. 1. 11855 Los Osos Valley Road: R. ER, ANNEX, 102-96: Request to certify the environmental impact report, annex, and prezone the 222-acre site (DeVaul Ranch) to allow for the future subdivision and development of 35 acres with approximately 147 single-family dwellings and 106 multifamily dwellings, a three-acre park, and 184 acres dedicated to the City as open space. At the Chairman's request, Peggy Mandeville explained the Commission's charge, the applications before the Commission, and the General Plan language controlling the site. Afterwards, she presented the staff report and recommended (A) recommending .to the City Council that the Final Environmental Impact Report (EIR) be certified, (B) recommending to the City Council that the lower 38 acres of the site be prezoned as R-1 (Low Density Residential), PF (Public Facility), and the remaining 184 acres be prezoned as 3 3-71 Planning Commission Minutes November 4, 1998 C/OS-160 (Conservation Open Space with 160 acre minimum acre parcel size), and (C) recommending to the City Council that they support the Annexation with the submittal of a "Resolution of Application"to LAFCO. Chairman Senn raised a question of recommending certification of the EIR and Open Space Element inconsistency. Assistant City Attorney Trujillo explained there is no legal reason why the Commission could not act on staffs recommended action. Commissioner Marx explained that to analyze whether there is General Plan conformance under CEQA, the Commission needs to analyze it according to the existing Open Space Element. The Commission shouldn't assume the Open Space Element will be amended. The Commission has not seen how this project could possibly be put someplace else so as to create a buffer for the habitat. Commissioner Marx moved for a continuance until the City Council has made a determination on the recommended Open Space Element amendment. There was no second to the motion. Mr. Castrillo, EIR consultant, reviewed/displayed graphics and summarized the DeVaul Ranch geology, water, drainage, aesthetics, cultural housing goals/policies, sewer service, air quality, noise, and traffic issues. He reviewed significant and unavoidable impacts that cannot be mitigated to a less than significant level and the adoption of statements of overriding consideration. Mr. Havlik, Natural Resources Manager, explained that the EIR found six species of plants on the California Native Plant Society's (CNPS) List 1 B. Five were found in the hills of the property and will be retained in their natural condition by virtue of dedication of the property and one, the Congdon's tarplant, was found on the flatter portions of the property. Conceptual mitigation has focused on the probabiW of a successful transplantation program that would identify a location or locations within Laguna Lake Park where the species exists in small numbers. This transplanted habitat would be monitored. Commissioner Marx asked if recommended tarplant transplant mitigations are made on the assumption that the Open Space Element will be amended by Council. Mr. Havlik replied yes. Commissioner Marx questioned what staffs recommendation would be if the Open Space Element is not amended. She asked if an overlay was made to determine where plants were located prior to the project being designed. 4 3-7 Planning Commission Minutes November 4, 1998 Mr. Havlik stated an overlay was never made. He commented that last year when the EIR was being performed only one plant was found. This is an annual species which moves around and may occur in one place one year and in another the next Commissioner Marx cited OS 5.3 and asked if there was an attempt to revise the General Plan Land Use Map to accommodate these plants. Mr. Havlik replied no. Commissioner Jeffrey referred to Page F-15 and asked if the mitigation should also include additional mitigation if the transplantation effort is deemed unsuccessful. Mr. Havlik stated normally in mitigation there are reconsultation provisions in the event of failure to force new, different, or additional measures. Such language could be included in the mitigation plan. Commissioner Jeffrey asked what additional mitigation could be imposed. Mr. Havlik replied the purchase of habitat or payment of in-lieu fees. The Council may have the final say as to what additional mitigation may be required. Commissioner Manx asked if the tarplant grows south of the San Luis Obispo area. Mr. Havlik replied no. The historical range has been from the San Luis Obispo area to the San Francisco Bay area. Chairman Senn had staff review the standards used to make statements of overriding consideration. Mr. Henderson, City Water Division Manager, reviewed water availability issues for the project and summarized that there is water available to serve this project based on adopted city policies. Commissioner Ewan how much water the city is currently using and what is our standard or target. Mr. Henderson displayed charts showing per capita water use rates compared to our population. Planning figures indicate our community needs 6,930 acre feet, but we're using 5,800 acre feet. Planning figures are set higher and are monitored monthly. 5 x--7A Planning Commission Minutes November 4, 1998 Commissioner Marx asked how many acre feet of water will be used with this project as currently proposed. Mr. Henderson replied 102 acre feet yearly. Mr. Daisa, traffic consultant, displayed diagrams and gave an overview of traffic impacts, levels of service, mitigation measures, and discussed the future widening of Los Osos Valley Road (LOVR). Commissioner Marx had Mr. Daisa explain peak hour/peak direction trips generated by this project. Mr. Kenny, City Civil Engineering Supervisor, spoke to the issue of providing alternative access and legal emergency access to the Quail Drive neighborhood. Fire Marshall Drake discussed the emergency implications of the secondary access road on Quail Dr. and recommended Quail Dr. access for emergency service only. Peggy Mandeville concluded by saying staff is recommending (1) certification of the EIR, (2) a recommendation to Council to prezone the lower 38 acres of this site as R-1, R-2, and R-3, and PF, and that the remaining 184 acres be prezoned as Conservation/Open Space with a limit on one dwelling unit for every 160 acres, and (3) a recommendation to Council to support the annexation with submittal of a resolution of application to LAFCO. Charlie Ekberg, project representative, stated the revised EIR will satisfactorily answer any questions that remain and he asked the Commission to recommend to Council certification of the Final EIR and approval of the annexation and prezone. Treatment of the homestead parcel now has support of the EIR consultant and the CHC and it no longer requires findings of overriding consideration. They have obtained and will install original chandeliers and gaslights that were removed from the house over 60 years ago. Regarding affordable housing, they will comply with Sections 1.221, 1.241, and 1.242 of the Housing Element and they believe in and support the program. Hamish Marshall, project representative, displayed overheads of Adams and Simas Parks and stated this project's ballpark basin will be similar with BBQ areas, landscaping, basketball courts, and walking paths. The park will be limited to day use and alcohol will be prohibited. For community benefit, they have made the decision to build the park rather than to pay in-lieu fees. They are committed to the upgrade of LOVR and Madonna Rd., which will happen in phase one and prior to occupancy. He displayed a detailed conceptualization of a 10' wide bicycle/pedestrian refuge on LOVR. They do agree with traffic calming measures and will be providing bulb outs, roundabouts, pedestrian 6 3-74- Planning Commission Minutcs November 4, 1998 crossings, etc. A letter of intent is being drawn with the adjacent property owner which will aid in smoothing property frontage transition for LOVR widening and better drainage. They have developed a mitigation and monitoring plan for the tarplant and seeds have already been collected. The General Plan amendment is in progress and will help this matter move forward. The revised project plan mitigation measures incorporate all the EIR consultants' recommendations and he asked that these mitigations be implemented. Carol Florence, project representative, asked the Commission to recommend to Council certification of the EIR. To assure the Commission's recommendation accurately portrays the mitigation measures and reflects the project description, she requested, displayed and reviewed revisions to the mitigation measures. Mr. Ekberg clarified the trail head will be at the homestead parcel and parking will be around the park area where there is a surplus of parking. He stated this project represents good planning and accommodates growth near shopping services, fire protection, schools, and public transportation. Commissioner Jeffrey asked if mitigation measures on Page J-25, H, should also include language from Page 34 of the EIR regarding wheelchair accessibility and handicapped accessible push-button control on the LOVR refuge. Mr. Ekberg stated the refuge will be ADA approved. Mr. Marshall stated this reference can be added. Commissioner Jeffrey cited Page B-6, Paragraph 3, and asked what safeguards will be in place to ensure available low-cost or inclusionary housing will remain a viable part of this project- Mr. rojectMr. Ekberg stated the draft element speaks to a 30-year commitment. Peggy Mandeville stated the Housing Element requires that units remain affordable for a minimum of 30 years. Mr. Castrillo believes tentative subdivision maps are required when apartments are converted to condos. At that time, necessary requirements can be placed on units to keep them affordable. Commissioner Jeffrey asked if Page J-23, J-4, refers to access to open space. Mr. Ekberg replied yes, it has the same purpose as J-5, D. Commissioner Marx asked what will be proposed if it turns out that the experimental tarplant seed growing/transplantation program fails. 7 3-75 Planning Commission Minutes November 4, 1998 Mr. Ekberg stated language will be added to the mitigation saying they will have the responsibility to see that the program is successful. Excess seeds will be held in a seed bank. Commissioner Marx asked the possibility has been considered of purchasing and donating tarplant habitat to the city for off-site mitigation if the program fails. Mr. Ekberg replied no. They believe the proposed program will be successful. Ms. Florence noted their tarplant restoration plan has been prepared and sent to the Dept. of Fish and Game for review. Chairman Senn asked staff if the representatives' suggested changes to the El recommended mitigation measures may be accepted by the Commission or if the changes are considered major and require further environmental reveiw. Ron Whisenand stated some of the suggested changes are minor, but others are more significant and may require further discussion. Staff feels the EIR as written is adequate and should be forwarded to Council, but staff wouldn't mind considering minor language changes. There were no further comments/questions and the public comment session was opened. PUBLIC COMMENTS: Ruth Drandell, 1797 Quail Dr., is concerned about school children crossing LOVR during peak traffic hours and the lot on Quail Dr. She can't visualize this lot being used as an emergency access due to the width and traffic congestion. The drainage basin was not shown with full of water and she is uncomfortable with how it will function. She noted a one-acre park is small and not much of an asset. Matthew Kennedy, 772 Santa Rosa St, representing Bank of America and the DeVaul Trust, spoke in favor of the considerations before the Commission. BofA interviewed numerous applicants to develop the DeVaul Ranch and special consideration was given to an applicant who would develop low/moderate housing on site as opposed to paying in-lieu fees. Primary consideration was given to selecting a developer who would be sensitive to the environment and character of the surrounding neighborhoods. They are please this developer has taken the high road in dedication of open space, preservation of the ranch house, inclusion of a mix of housing, and the preservation of the tarplant. The trustees believe the proposed plan meets or exceeds all of the expectations for a s -7 J Planning Commission Minuses November 4, 1998 well and thoughtful development. He requested the Commission's approval of the EIR, annexation and prezoning. Jim Webb, 1997 Partridge Drive, is concerned about water availability and feels the applicants' presentation was misleading because new sources of water have not be addressed. He feels the city's water reserve is based on citizens' ability to conserve. Retrofitting has been delayed in some areas. The sewer system issue has not been resolved in the EIR. He cited Page H-10 of the EIR and stated the lift station is beyond capacity now. Traffic information provided was misleading and Page J-11 says the project will generate 2,468 trips. The basin park concept may not work on a one-acre facility. He is concerned about the size of the basin and potential flooding. Brett Cross, 1217 Mariner's Cove, questions traffic impacts and how mitigation measures have impacted the project design. He has issues with traffic calming and visual impacts of the apartment complex. He questions where the tarplant will be transplanted in the Laguna Lake Paris. Drainage hasn't been addressed with regards to street runoff. He questions the sewage impact fees, accuracy of the school facilities data, and traffic impacts on Oceanaire Drive. Terry Clark, 1776 Quail Circle, is concerned about Quail Drive access and feels the City missed an opportunity with access on Fairway Drive and believes there is space for access going out to the creek. He cited Page 1-1 regarding affordable housing policy and asked if the goal takes into account the existing stock of low-income housing in the project vicinity. There are approximately 272 subsidized housing units in the city with 148 units in this neighborhood. He believes low-income housing should be spread throughout the city. Jim Miller, 1960 Partridge Dr., urged support of the wording proposed by the applicants regarding Policy 1.22.10 of the Housing Element. He believes there are access ways on Royal Way and through Irish Hills Hamlet Apartments if Los Osos Valley Road is completely closed. Quail Drive access isn't needed for the neighborhood. There is still access onto the golf course. George Moylan, SLO Housing Authority, stated the Housing Authority has discussed with the applicants over the last few years plans for developing this site and they are happy with what has been presented so far. In the proposed Inclusionary Housing Ordinance is the Affordable Housing Plan that each an every developer would have to enter into with the City to protect the City's interest. The figure of 272 assisted housing units in this neighborhood is incorrect. Jean Webb, 1997 Partridge Drive, stated there are 128 low-cost units in the Madonna Rd. housing project, 20 units on LOVR, and 8 units on Royal Way. These numbers don't include any Title 8 subsidies. She distributed a petition 9 -7 Planning Commission Minutes November 4, 1998 opposing the DeVaul project that was circulated in the Laguna Lake Shopping Center and the neighborhood that was signed by 325 citizens. Richard Fox, 1742 Quail Drive, feels the emergency and pedestrian access on the vacant lot will be an asset to some and a detriment to others. The enlargement of the site plan as shown by the developer at two meetings at Laguna Middle School does not correspond to the Final EIR. He requested a copy of the final plan. Luis. Verdugo, 1524 Cucuracha Court, concurred with the comments of his neighbors. He is concemed about the apartments and noted the developers have stated if this project is not approved by the City they will go to the County for approval. There are concerns about traffic and crime and it seems nobody is in the City listening. The Irish Hills Apartments driveway has never been closed. City staff is working for the developers, not the citizens. Don Veemer, 1310 Rubio Lane, distributed documents, noting that EIR rainfall calculations are incorrect and current drainage is insufficient Average annual rainfall far exceeds what has been presented. The project design strategy for handling runoff and drainage is inadequate and erroneous. Commissioner Whittlesey asked where runoff will drain. Mr. Castrillo replied part will go into the basin and the rest will go into the storm water system and will be discharged to a drainage system along LOVR. Commissioner Marx asked what Mr. Vermeer's experience and scientific expertise has been. Mr. Veemer replied he has 40 years' experience in professional academics. Tim Plumb, 1983 Partridge Drive, objected to the late arrival of the revised EIR and the applicants' suggested revisions presented this evening. He noted that admittedly none of the experts know much about the tarplant and he questions the proposed mitigation and monitoring plans. He feels the environment and citizens will be shortchanged by assuming mitigations will work. He questions the traffic estimates and Quail Drive access. Christine Mulholland, Laguna Lake area resident, has many concerns with this project. She feels City staff and developers meetings over the years have been inappropriate. While at a County Planning Commission meeting, City staff mentioned the DeVaul project was as "planned by the City". She questioned the City's planning process and is concerned with the tarplant mitigation process because we don't have any indication the plan will work. We don't have a wildlife inventory as was supposed to have been done under our Natural Resource to 5-7 Planning Commission Minutes November 4, 1998 Program. She's concerned about traffic, water, and our open space being blocked by three-story apartment buildings. She doesn't believe this project will benefit the city. She requested denial of the annexation and. the.prezoning of this project. Kirby Gordon. Chou Family Trust representative, stated the Chou family believes this project helps to remedy the lack of neighborhood recreation areas. The Trust supports this process and the benefits this project will bring about. He attended the LUE and General Plan update hearings and believes the City's planning process works well. This project will benefit the community by providing a park instead of paying in-lieu fees and providing affordable housing on site. He urged adoption and approval of the EIR and the annexation. Penny Sullivan, 1983 Partridge Dr., stated at the time this zoning was changed to a higher density the adjacent homeowners weren't notified, other then what was printed in the newspaper. She believes this is unfair. She noted there are many concerned people opposed to this project who were unable to make the meeting. Mr. Ekberg stated affordable housing is a needed priority in our community. With regard to the basin park, it's 3.28 acres with 1.93 acres being the basin. He believes the Commission has the reasons and basis to support the project. Seeing no further speakers come forward, the public comment session .was closed. COMMISSION COMMENTS: Commissioner Whittlesey asked staff to address the comment regarding the notification process for the zoning on this property. Arnold Jonas, Community Development Director, stated there were dozens of meetings held concerning the changes, one of which was an increase from low- density to medium- density residential on the DeVaul property. The meetingstworkshops were advertised extensively in the newspaper and staff maintained lists of people who were interested in receiving notice of the hearing process. There is no requirement to notify each and every adjoining property. The law requires that the City provide adequate notification. Display ads were run in the newspaper notifying citizens of the meetings and State law finds this is an entirely appropriate way of notification. Commissioner Whittlesey asked for staff comment regarding the water retrofit program being delayed. 7-7n Planning Commission Minutes November 4, 1998 Mr. Henderson stated the only way to get a building permit issued is to complete retrofits. He cannot substantiate the public comment on retrofit delays. Currently, approximately 55% of the city is retrofitted. The city maintains lists of people who are interested and a database is kept on houses that have been retrofitted. Commissioner Whittlesey asked staff to address the concern expressed about school children crossing LOUR. Should other places be looked at for pedestrian refuges? Mr. Daisa stated the LOVR/Madonna intersection has an adult crossing guard in the morning and afternoon for school children. This, in conjunction with a — signalized intersection is the best way to get children across the street, excluding a bridge. Signal timing is designed to get averaged paced walkers across the street without getting trapped on a refuge. Refuges are convenient for those who walk more slowly and for longer crossings. Commissioner Whittlesey asked for comment on P.M. trip generation, Page J-11, Table J-4. Mr. Daisa stated there has been no attempt to mislead anyone. Figure J-7 of the EIR shows the trip distribution of the project traffic. He suggested that non- motorized access not be stricken from the mitigations, as was suggested by the applicants. Commissioner Ewan asked for comment on Page H-5 regarding sewer capacity. Mr. Henderson stated they have raised the issue and there is a capacity and grade problem getting sewage to the lift station and to the plant. The preferred way is to go down Garcia and enlarge the line. Through the approval process, engineering will decide which way meets the needs to convey the sewage. He is comfortable with the existing mitigation language. Commissioner Ewan asked if the proposed affordable housing will be based upon the policy that will be in effect at that time versus or what is in effect now. Assoc. Planner Mandeville replied it will be based on what will be in effect at that time. Commissioner Marx asked for staff comment on rainfall intensity calculations. Brad Brickwell' Consulting Engineer for the applicant, stated they have used the design standards that have been accepted by the City and complies with the County standards. Design calculations cover peak storm results. 12 �-sro Planning Commission Minutes November 4, 1998 Mr. Kenny stated the city rainfall standard is used for all projects and the standard is evaluated for accuracy. Commissioner Marx asked for comment on enlarging the sewage pipe from 8" to 10". She doesn't see where this will apply to this applicant. Mr. Henderson stated there will be an analysis necessary with the approval of the development plans and if pipes are not sized adequately to convey flows they will have to up size the pipes, Page H-15. Commissioner Jeffrey, referring to Page F-15, fifth line from the bottom, would like safeguards added to ensure tarplant mitigation takes place with the original intent. He suggested the sentence include, "...with the objective to provide a viable permanent tarplant population." Mr. Havlik doesn't object to Commissioner Jeffrey's suggested added language. Commissioner Ready suggested the first part of the sentence be changed to reflect, "The plan shall also include an annual monitoring program so that the success of the effort can be reasonably established within a ..." Commissioner Manx expressed concern about eradicating a tarplant population and trying to establish another population using a technique that has never been proven to be successful. Changing the designation from "sensitive habitat" to "unique resources" does not mean we stop protecting these plants under the Open Space Element She believes if transplantation is not successful the applicant should be required to purchase a Congdon's tarplant habitat for donation to the City for open space purposes. Commissioner Jeffrey suggested adding language that in the event the transplant mitigation is unsuccessful, further mitigation other than in-lieu fees will be provided to City satisfaction. Mr. Havlik supports Commissioner Jeffrey's suggestion. Commissioner Ewan commented that performance bonds can be included. Amold Jonas suggested including, "The mitigation plan shall include provision for replacement of habitat to the satisfaction of the Natural Resources Manager should the initial mitigation program be unsuccessful." The Commission reached consensus to accept this recommended change. Commissioner Jeffrey stated Mitigation Measure H doesn't indicate pedestrian refuge and push button for signal control will be handicapped accessible. 13 -4-191 Planning Commission Minutes November 4, 1998 Assoc. Planner Mandeville cited the Page 10 of the EIR summary, third bullet, addressed Commissioner Jeffrey's concerns. The Commission reached consensus to include language from Page 10 of the EIR regarding the requirement for a pedestrian refuge and push button signal control on Los Osos Valley Road at Madonna Road as part of mitigation measure J-1 Oh.. The Commission and staff reviewed/discussed the applicant's proposed changes to the mitigations distributed to the Commission (Pages 1-4) beginning with Page D-16, D-8a. Ron Whisenand feels deleting D-8a, Page D-16, takes away from the intent of the mitigation measure. He suggested for clarification leaving the D-8a as is and including "as shown in the original project concept plan" after lots 55, 56, and 57... The Commission reached consensus to accept Mr.. Whisenand's suggestion. The Commission reached consensus to delete "a quiet picnic" and "and small unpaved parking area" from Page D-16, D-8b, and to include "as shown in the original project concept plan" after debris basin in the first line. Ron Whisenand recommended retaining D-10, a, b, and c, in its entirety. The Commission concurred. After discussion and recommendations from staff, the Commission reached consensus to retain E-1, Page E-10, and include the applicants' additional language that the applicant proposes to leave the DeVaul Ranch house in its present location.. Ron. Whisenand recommended retaining E-2 and E-4, Page E-10, and including "as shown in the original project conceptual site plan" after Lots 55-57, E-4. The Commission concurred. The Commission reached consensus to delete the word "greenbelt" from Mitigation Measure F-1, and include the language, "Since the preparation of the Draft EIR, the applicant has submitted a letter to the City offering the dedication of 184 acres" at the end of Mitigation Measure F-2. The Commission reached consensus to delete the applicant's proposed Mitigation Measure H-4, Page H-14 and replace it with the applicants' suggested language, "Final engineering for the planned development will include analysis to 14 1 -Ss2 Planning Commission Minutes November 4, 1998 determine the tie-ins to the 8-inch sewer main in Madonna Road and/or the main line in Garcia Road." After discussion with staff, the Commission did not accept the applicants' suggested H-6 and retained what is written in the EIR due to concerns over adequate lift station fees. After discussion with staff, the Commission reached consensus to accept the applicants' suggested partial deletion of 1-1, Page 1-8. After discussion with staff, the Commission reached consensus to retain 1-2, Page 1-8, struck the word "permanently" and included "in accordance with the Housing Element" After discussion with staff, the Commission agreed to retain as originally written J-1, J-3, and J-5 on Page J-23, with a minor change to J-1 to reflect, "Dedicate 63 feet of right of way or as otherwise required by the City..." Fire Marshall Drake stressed the importance of having emergency access. He believes there are many avenues to take to mitigate unwanted access concerns expressed by the neighborhood. He is comfortable with the language as written in the EIR on Page D-17. Commissioner Whittlesey moved to recommend to the City Council that the Final Environmental Impact Report be certified with modifications made this evening by the Commission based on the findings in the staff report on Page 8. The motion was seconded by Commissioner Ready. Commissioner Whittlesey amended Finding 4d on Page 8 of the staff report to reflect, "A proposed off-site mitigation plan shall lessen the level of significance..." Commissioner Ready accepted the amendment to the motion. Commissioner Marx displayed overheads and added that she feels this process has ignored the Open Space Element of the General Plan and the way its supposed to work with the Land Use Element. The overlay maps should have existed to show where these plants are. She is disappointed that staff has been working with the project for two years and never performed the basic steps that were supposed to have been taken. She doesn't not oppose the project, but is disappointed that the developer and the planning staff have in some way overridden the will of the people through the Open Space and Land Use Elements. We don't have proof that a practicable project alternative exists. She doesn't believe the amendment to Finding 4d is a finding of fact. 15 ?. -R5 Planning Commission Minutes November 4, 1998 Commissioner Whittlesey believes the EIR is adequately addressing the discovery of the tarplants and is mitigating an impact and is consistent with the Land Use element and the General Plan. Commissioners Jeffrey and Ready concurred. AYES: Commissioners Whittlesey, Ready Ewan, Jeffrey, and Chairman Senn NOES: Commissioner Marx REFRAIN: None The motion carried 5-1-0. There is one vacant seat. Commissioner Whittlesey moved to recommend to the City Council that the lower 38 acres of the site be prezoned as R-1. R-2. R-3. and PF. and that the remaining 184 acres be prezoned as C/OS-160, based on the two findings on page 9 of the staff reportThe motion was seconded by Commissioner Jeffrey. AYES: Commissioners Whittlesey, Jeffrey Marx, Ewan, Ready, and Chairman Senn NOES: None REFRAIN: None The motion carried 6-0-0. There is one vacant seat. Commissioner Whittleseymoved to recommend to the City Council support for the annexation with a submittal of a "Resolution of Application" to the Local Agency Formation Commission based on the findings on Page 9 of the staff report with the additional Finding 4 that the annexation is appropriate since the site is contiguous to the City on its north and east sides and that it is within the urban reserve line of the City. The motion was seconded by Commissioner Ready. AYES: Commissioners Whittlesey, Ready, Marx, Ewan, Jeffrey, and Chairman Senn NOES: None REFRAIN: None The motion carried 6-0-0. There is one vacant seat. 3. Comment and Discussion: 3A. Staff: Agenda Forecast: 16 3-0- ME". G _ AGENDA DATE ITEM # Allen Settle, Mayor City of San Luis Obispo City Hall DecemVA �.f. 990 Palm Street `- San Luis Obispo, CA. 93401 o FL; O 0 POLICE ❑RUC DIF Dear Mayor Settle: -- otmLDlr G .I PERS DI On Wednesday, November 4, the city of SLOE Commission, with the exception of opposition by committee member Jan Marx, voted to approve acceptance of the De Vaul Ranch Planned Development Environmental Impact Report (EIR), and to forward this recommendation to the city council for their consideration. This action is the culmination of several Planning Commission meetings which have included testimony from city staff, the project developer, and concerned citizenry, and input from a variety of federal, state, and local agencies. The proposal, as submitted, is designed to erect 253 units consisting of custom detached homes, patio homes, and multifamily dwellings on approximately 35 acres of a 222 acre parcel located at the Madonna Road/Los Osos Valley Road (LOVR) intersection, and adjacent to LOVR as it a o z extends toward highway 101. As part of the annexation > �' C) process and upon approval, the developer (from Santa s� Barbara) has very cheritably offered to dedicate 183.8 �. �- hillside acres to the city as "open space". Obviously a iP stipulation extremely "enticing" and, to some degree, challenging to the integrity of a fair and just review CD process. We believe it is legitimate to ask whether two similar development applications, one including a donation of 184 acres of land, and one without would be evaluated and examined in the same light. Having reviewed the De Vaul Project EIR with a great deal of effort, our concern is still unresolved and, with the exception of the lone dissent voiced by commissioner Marx, we are very much at odds with the Planning Commission's action. The De Vaul Ranch Project is not ready for certification. This opposition is founded on the following concerns generated from studying the report. 1. The city must identify and acquire additional water before racing forward with a new, large development. Presently no new water has been factored into the equation. City staff propose that water will be available via "continued/increased conservation efforts" and "toilet retrofitting". Questionable justification for a project of this magnitude. 2. The applicant's sewer design proposes to "connect to" existing sewer mains located on Madonna Road and Garcia Road. Both lines are presently reported to be functioning at 'near capacity'. Additional service would require sewer main replacement with larger pipe. 3. The Laguna (sewer) Lift Station (largest of the system's lift stations), as of January, 1998, was determined to be "over capacity" and in need of some mechanical upgrading. Additional flow from the proposed project would compound the lift station's already existing capacity problem. 4. According to the city's traffic model the proposed development would result in 2,468 daily trip generations, of which 255 would occur at peak PM traffic time. Certainly a considerable addition to an already busy traffic area. In conjunction with the expanded vehicular useage of the Madonna Road/LOVR intersection, increased pedestrian crossing activity requiring light changes would further impede traffic flow. Pedestrian and bicycle activity along LOVR would be elevated due to the increase in children traveling to and from school (Laguna Middle School and C.L. Smith Elementary School), and would contribute to an already significant concern for pedestrian/bike safety given the traffic speed that occurs along this section of LOVR. 5. Rain water drainage, as proposed by the applicant, is open to debate and question. Design is based on rainfall averages taken from city recording points other than the base of the Irish Hills. Annual rainfall figures recorded for the Irish Hills area are purported to be significantly greater (approximately double), and thus generate concern regarding the adequacy of the drainage plan. 6. Other major factors of concern arising from the EIR report focus on the preservation of the 120 year-old De Vaul ranch house, loss of Congdon's tarplant, a species determined to be sensitive by the California Native Plant Society, the aesthetic impact imposed by constructing 3- story dwellings between the Irish Hills and LOVR, and the high building density as proposed by the developer. Although the applicant has proposed various mitigations (ie remedies) for these concerns, it is more than evident that the EIR representing the proposed De Vaul Planned Development should not be approved in its present form. Action by the city Planning Commission was, at best, premature. We urge you and the other members of the City Council to give careful consideration to the De Vaul EIR document and proposed development. We believe close scrutiny of the document will reveal that it is not a "sound" proposal, and not in the "best interest of the City of SLO". The concerns identified here are not only our own, but are those shared by others in the community. A petition circulated in late October, 1998 clearly illustrates community concern as some 350 residents from throughout the city demonstrated their opposition to the project. (Note: A copy of the petition and signatures is available upon request). Sincerelr997Partridge let bb & Jean Webb Drive San Luis Obispo, CA. 93405 DEVAUL RANCH Planned Development Mitigation Monitoring Program Corrections Aesthetics D-8. a. Eliminate proposed lots 55, 56, and 57 as shown on the original project concept plan to allow greater exposure of the ranch house/complex area and the surrounding open space. If possible, the applicant should be allowed to adjust the tentative tract map so that the overall number of residential lots remains the same. D-10. A neighborhood green space including landscaping and appropriate site amenities shall be created on the existing vacant lot proposed as part of the emergencypedestriaNutility service access between Quail Drive and the proposed Falcon Court. The following measures shall guide the development of the green space: a. Require the access for emergency/pedestrian/utility service aad-ReR- nly as described in the Traffic and Circulation section of this EIR and that the width of any one paved surface the-assess mad-ice shall be no wider than 12 feet, Cultural Resources E-3. The drainage basin as shown on the original project concept plan shall be moved to allow the DeVaul Ranch house to stay in its present location. Pr4opesed ;A Ws area- PA,ist he moved to an araa Q,-tA*CIR thA AMR dRfiRPd EE=9. Mitigation measure E-6 shall also include a requirement for monitoring by a Qualified archaeologist and Native American monitor during site disturbance within the DeVaul Ranch complex. Additionally. Mitigation measure E-6 shall also apply to any ground disturbing activities (e.g. grading road or trail construction) within proximity of any identified prehistoric cultural resource site. E-10. Prior to site disturbance or construction activities, a are-constructuion meeting shall be held with the developer, building and grading contractors and City staff to discuss the mitigation and monitoring requirements and to clarify measures to be taken to protect cultural resources. E-11. The developer shall rehabilitate the DeVaul Ranch House for its continued residential use, or other appropriate adaptive reuse, consistent with the Secretary of the Interiors Standards for Rehabilitating Historic Properties. E-12. Prior to construction permit issuance, the developer shall enter into a preservation covenant to ensure that any changes or additions to the DeVaul Ranch House are done in a manner which complies with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Rehabilitating Historic Properties. Biological Resources F-1. Dedication of 184 acres to the City for open space. Reporting Milestone: Upon approval of final map annexation a- d g F-3. Restoration plan Verification Responsibility: Community Development Department/Administration Utilities H-6. Each single family dwelling in the project will require payment of pay a sewer impact fee and lift station fee. These fees are based on the City's fee schedule at the time building permits are accepted as complete and are paid when building permits are issued. H-8. The applicant shall Read with approximately 4 25-0) feet of a- te-n inn-h A-m-Wer . be responsible for any necessary up-sizing of the existing wastewater collection system to ensure adequate capacity to serve this development. Traffic and Circulation J-3. Provide an emergency vehicl Opedestrian/utility service er4y access to Quail Drive from the proposed DeVaul Road utilizing one of the vacant parcels on Quail Drive to mitigate significant impacts to emergency vehicle access. J-5. a. Provide an emergency/ae^ ^^.,zed vehicle/pedestrian/utility service access connection between the project site and Quail Drive, J-9. To mitigate a potentially significant impact related to the length of the cul- de-sacs (Eto and Falcon Courts) and emergency access, Eto Court shall be realigned to connect with Falcon Court as a through street. A gate L other device to restrict unauthorized vehicles to the satisfaction of the !CW to the Quail Drive emergency access connection on the Eto Court realignment shall be provided. The applicant shall redesign the alignments of Eto and Falcon Courts, showing emergency access connection to Quail Drive, and shall submit revised plans to the City for review. e. Widen westbound LOVR to ultimate width to provide an exclusive left- tum lane, one through-lane and a through right-turn lane, t#Feagh h. Construct a raised median on LOVR from Madonna Road to the beginning of the eastbound transition at least GaFGia DAY9 to provide a break at Fire Station #4's access drive and potentially breaks at one of the LOVR driveways into the project or into the Laguna West development. The mitigation plan shall include a pedestrian refuge and median refuge push button at the Madonna intersection, and J-11. b. Restripe the southbound Madonna Inn driveway approach to provide an exclusive left-, a through/left-turn lane and right-turn lane, and J-12. To mitigate significant impacts to the Madonna/LOVR intersection to LOS D (delay 39.5 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure d-9 J-10 and as illustrated in Figure J-10. J-13. To mitigate significant impacts to the Madonna Road/U.S. 101 southbound ramp intersection, resulting in LOS C (delay 22.8 seconds/vehicle),.the project should contribute its fair share to the measures described in mitigation measure J49 J-11 and as illustrated in Figure J-11. J-14. d. Widen and reconfigure the eastbound LOVR approach to provide two through-lanes and an exclusive right-tum lane. The two through-lanes should extend across the overcrossing to the U.S. 101 northbound ramp intersection. This mitigation may be modified as a result of the fegeiFed Project Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. J-15. c. Widen and reconfigure the northbound off-ramp to provide two exclusive right-tum lane. This mitigation may be modified as a result of theFequiFedProject Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. Noise K-2. The apartments will be setback about 148 feet from the centerline of Los Osos Valley Road as shown on the original project concept plan. DEVAUL RANCH Planned Development Mitigation Monitoring Program Corrections Aesthetics D-8. a. Eliminate proposed lots 55, 56, and 57 as shown on the original project concept plan to allow greater exposure of the ranch house/complex area and the surrounding open space. If possible, the applicant should be allowed to adjust the tentative tract map so that the overall number of residential lots remains the same. D-10. A neighborhood green space including landscaping and appropriate site amenities shall be created on the existing vacant lot proposed as part of the emergencyt edestdan/utility service access between Quail Drive and the proposed Falcon Court. The following measures shall guide the development of the green space: a. Require the access for emergencypedestriaNutility service and nen my as described in the Traffic and Circulation section of this EIR and that the width of any one paved surface the-assess read itself shall be no wider than 12 feet, Cultural Resources E-3. The drainage basin as shown on the original project concept plan shall be moved to allow the DeVaul Ranch house to stay in its present location. PFOposed on thin aren mi-st he mnyad to :;n' area vitside the aFea defined EE=9. Mitigation measure E-6 shall also include a requirement for monitoring by a qualified archaeologist and Native American monitor during site disturbance within the DeVaul Ranch complex. Additionally. Mitigation measure E-6, shall also apply to any ground disturbing activities (e.g. grading road or trail construction) within proximity of any identified prehistoric cultural resource site. E-10. Prior to site disturbance or construction activities, a are-constructuion meeting shall be with the developer, building and grading contractors and City staff to discuss the mitigation and monitoring requirements and to clarify measures to be taken to protect cultural resources. E-11. The developer shall rehabilitate the DeVaul Ranch House for its continued residential use or other appropriate adaptive reuse, consistent with the Secretary of the Interiors Standards for Rehabilitating Historic Properties. E-12. Prior to construction permit issuance, the developer shall enter into a preservation covenant to ensure that any changes or additions to the DeVaul Ranch House are done in a manner which complies with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Rehabilitating Historic Properties. Biological Resources F-1. Dedication of 184 acres to the City for open space. Reporting Milestone: Upon approval of final map aMexatien-and pFeaeRiRg F-3. Restoration plan Verification Responsibility: Community Development Department/Ad ministration Utilities H-6. Each single family dwelling in the project will require payment of pay a sewer impact fee and lift station fee. These fees are based on the City's fee schedule at the time building permits are accepted as complete and are paid when building permits are issued. H-8. The applicant shall main.Road with appmximately 1,2580- feet of a ten OM& A-M-AFAW be responsible for any necessary up-sizing of the existing wastewater collection system to ensure adequate capacity to serve this development. Traffic and Circulation J-3. Provide an emergency vehicle/pedestrian/utility service enly access to Quail Drive from the proposed DeVaul Road utilizing one of the vacant parcels on Quail Drive to mitigate significant impacts to emergency vehicle access. J-5. a. Provide an emergency/nen-Me-teFi-ed vehicle/pedestrian/utility service access connection between the project site and Quail Drive, n J-9. To mitigate a potentially significant impact related to the length of the cul- de-sacs (Eta and Falcon Courts) and emergency access, Eta Court shall be realigned to connect with Falcon Court as a through street. A gate (or other device to restrict unauthorized vehicles to the satisfaction of the City) to the Quail Drive emergency access connection on the Eta Court realignment shall be provided. The applicant shall redesign the alignments of Eta and Falcon Courts, showing emergency access connection to Quail Drive, and shall submit revised plans to the City for review. e. Widen westbound LOVR to ultimate width to provide an exclusive left- tum lane, one through-lane and a through right-tum lane, thmugh , h. Construct a raised median on LOVR from Madonna Road to the beginning of the eastbound transition at least Gamia DFOY8 to provide a break at Fire Station #4's access drive and potentially breaks at one of the LOVR driveways into the project or into the Laguna West development The mitigation plan shall include a pedestrian refuge and median refuge push button at the Madonna intersection, and J-11. b. Restripe the southbound Madonna Inn driveway approach to provide an exclusive left nd right-turn lane, and J-12. To mitigate significant impacts to the Madonna/LOVR intersection to LOS D (delay 39.5 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure d-9 J-10 and as illustrated in Figure J-10. J-13. To mitigate significant impacts to the Madonna Road/U.S. 101 southbound ramp intersection, resulting in LOS C (delay 22.8 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure J40 J-11 and as illustrated in Figure J-11. J-14. d. Widen and reconfigure the eastbound LOVR approach to provide two through-lanes and an exclusive right-turn lane. The two through-lanes should extend across the overcrossing to the U.S. 101 northbound ramp intersection. This mitigation may be modified as a result of the fequifed Project Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. J=15': c. Widen and reconfigure the northbound off��amp to provide two exclusive rightAum lane. This mitigation.may be modified as a result of the:fegWred-Project Study Report (PSR), which may identify alterhative'interchange confidurptions including consolidation of the southbound ramps with Calle Joaquin. Noise K-2. The apartments will be setback dljQut 148 feet from the:centerline of Los Osos Valley Road as shown on the original project concept plan. We are currently in the preliminary stages of the restoration and mitigation plan for the Congdon's Tarplant Our team(including V.L.Holland,David Keil and Kim Sanders)accomplished the following as of December 14: I)We have spent approximately 100 hours at the DeVaul Ranch development site collecting seeds. Whole branches of dried flower heads were removed and put into paper grocery bags in which they are currently being stared.Papa bags were chosen as a preventative measure against mold,and the brandies were loosely placed in the bags to encourage air circulation.Because of the fragility of the branches and the spiny nature of the flowers,clipping off whole branches rather than individual flower heads seemed to be the most efficient manna in which to collect the seeds. 2)Procedures to clean the seeds by hand are currently being researched.We took a sampling of the plant material to S&S Seeds,a seed clearing company in Carpenteria.Ron Peterson,an employee of S& S Seeds,has estimated that the procedure they would use to separate the seeds would yield a product containing approximately 25 to 50 percent pure seed Of this product it may be an even smaller percentage of seeds which are actually viable. 3)Dave Fross of Native Sons Nursery in Arroyo Grande was contacted regarding germination procedures and was also given a sample of the seeds. He has since germinated one flat and currently has seedlings growing in his greenhouse. 4)Bruce Baldwin,a tarplant specialist at U.C.Berkeley,was also contacted for information regarding germination and propagation. On December 15,we will meet with Neil Havhk to choose potential sites within the City of San Luis Obispo,that will support the reestablishment of populations,or sites that already support marginal populations.We will use these sites to carry out our restoration plan. We are currently gathering information about restoration projects on tarplants.Our plan is to germinate seeds within a greenhouse and through a combination of distributing seed and transplanting the seedlings we will vegetate the chosen sites.Plots will be set up under a variety of conditions in order to determine which habitat is most advantageous to the growth of the Congdon's Tarplant Future populations will be established in whichever environment proves most favorable. We will monitor the populations and their associated species as they became established Monitoring will continue for a 3-year period during which time populations will be evaluated in comparison with reference sites previously designated.Data such as the density of populations,the total nu rn of individuals and the area of occupied habitat at the mitigation sites versus that of the reference site will be collected This will enable us to gauge the success of our restoration plan,as well as learn of the natural variation in populations that occur yearly.Associated plants will also be monitored in order to determine which plants natuaally occur with the Congdon's Tarplant and to document how these plants vary yearly in the reference sites as well as with the new populations. The lural objective of this project is to establish communities that support a naturally sustainable population of the Congdon's Tarplant / DEVAUL RANCH Planned Development Mitigation Monitoring Program Corrections Aesthetics D-8. a. Eliminate proposed lots 55, 56, and 57 as shown on the original project concept plan to allow greater exposure of the ranch house/complex area and the surrounding open space. If possible, the applicant should be allowed to adjust the tentative tract map so that the overall number of residential lots remains the same. D-10. A neighborhood green space including landscaping and appropriate site amenities shall be created on the existing vacant lot proposed as part of the emergencypedestrian/utility service access between Quail Drive and the proposed Falcon Court. The following measures shall guide the development of the green space: a. Require the access for emergencypedestrian/utility service aR-aen my as described in the Traffic and Circulation section of this EIR and that the width of any one paved surface theaecess feadself shall be no wider than 12 feet, Cultural Resources E-3. The drainage basin as shown on the original project concept plan shall be moved to allow the DeVaul Ranch house to stay in its present location. EE=9. Mitigation measure E-6 shall also include a requirement for monitoring by aqualified archaeologist and Native American monitor during site disturbance within the DeVaul Ranch complex. Additionally. Mitigation measure E-6 shall also apply to any ground disturbing activities (e.g. grading, road or trail construction) within proximity of any identified prehistoric cultural resource site. E-10. Prior to site disturbance or construction activities, a pre-constructuion meeting shall be held with the developer, building and grading contractors. and City staff to discuss the mitigation and monitoring requirements and to clarify measures to be taken to protect cultural resources. 1 E-11. The developer shall rehabilitate the DeVaul Ranch House for its continued residential use, or other appropriate adaptive reuse, consistent with the Secretary of the Interiors Standards for Rehabilitating Historic Properties. E-12. Prior to construction permit issuance, the developer shall enter into a preservation covenant to ensure that any changes or additions to the DeVaul Ranch House are done in a manner which complies with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for Rehabilitating Historic Properties. Biological Resources F-1. Dedication of 184 acres to the City for open space. Reporting Milestone: Upon approval of final map saaeWatiee acid PFeZGA g F-3. Restoration plan Verification Responsibility: Community Development Department/Administration Utilities H-6. Each single family dwelling in the project will require payment of pay a sewer impact fee and lift station fee. These fees are based on the City's fee schedule at the time building permits are accepted as complete and are paid when building permits are issued. H-8. The applicant shall R/snit with appraximately 1,2251-3 feet of r- ten ineh sewer MOOR. be responsible for any necessary up-sizing of the existing wastewater collection system to ensure adequate capacity to serve this development. Traffic and Circulation J-3. Provide an emergency vehicle/pedestrian/utility service emly access to Quail Drive from the proposed DeVaul Road utilizing one of the vacant parcels on Quail Drive to mitigate significant impacts to emergency vehicle access. J-5. a. Provide an emergency/AA-R-maetefiaed vehicle/pedestrian/utility service access connection between the project site and Quail Drive, J-9. To mitigate a potentially significant impact related to the length of the cul- de-sacs (Eto and Falcon Courts) and emergency access, Eto Court shall be realigned to connect with Falcon Court as a through street. A gate L other device to restrict unauthorized vehicles to the satisfaction of the City) to the Quail Drive emergency access connection on the Eto Court realignment shall be provided. The applicant shall redesign the alignments of Eto and Falcon Courts, showing emergency access connection to Quail Drive, and shall submit revised plans to the City for review. e. Widen westbound LOVR to ultimate width to provide an exclusive left- tum lane, one through-lane and a through right-tum lane, threUgh , h. Construct a raised median on LOVR from Madonna Road to the beginning of the eastbound transition at least GaFGiA DAVA to provide a break at Fire Station #4's access drive and potentially breaks at one of the LOVR driveways into the project or into the Laguna West development. The mitigation plan shall include a pedestrian refuge and median refuge push button at the Madonna intersection, and J-11. b. Restripe the southbound Madonna Inn driveway approach to provide an exclusive left-, a through/left-tum lane and right-turn lane, and J-12. To mitigate significant impacts to the Madonna/LOVR intersection to LOS D (delay 39.5 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure J-9 J-10 and as illustrated in Figure J-10. J-13. To mitigate significant impacts to the Madonna Road/U.S. 101 southbound ramp intersection, resulting in LOS C (delay 22.8 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure J4-9 J-11 and as illustrated in Figure J-11. J-14. d. Widen and reconfigure the eastbound LOVR approach to provide two through-lanes and an exclusive right-tum lane. The two through-lanes should extend across the overcrossing to the U.S. 101 northbound ramp intersection. This mitigation may be modified as a result of the fequired Project Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. J-15. c. Widen and reconfigure the northbound off-ramp to provide two exclusive right-tum lane. This mitigation may be modified as a result of the fequifed-Project Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. Noise K-2. The apartments will be setback about 148 feet from the centerline of Los Osos Valley Road as shown on the original project concept plan. MEETING AGENDA . DEVAUL RANCH DATE �a-, IT- It- OPEN1,71SPACE PR0JECT.HIS:�I.ORY ;e cAoPleaseSeeAttachment [ :it ORNErc CHrCI]MGMT`TEGDIENVIRONMENTAL.ANALYSIS'.SUMMARY____, - - . ERS DIRPlease SeeAttactimenf ;�p,_.�_ One hundred eighty four(184) acres, which'includes`the-protection of a Variety of;sensitive . ;:plants • Dedlcatlon,to the city in fee simple O One hundred forty seven(147) acres above andl beyond what is required! • Public'Access = RANCH IHOMEcSITE RECE�IVE'D Revised homesite'as•approved`by CHC 8'EIR Consultant +Maintains.h'istoncaVand':view setting DEC 1 5199$ Home will be reha6ilitated10 Secretary of ilnterior'Standards'' SLO ® +No longer asignificant impact CITY,CLERK .: ,y AFFORDABLE HOUSING: 'I . We vnll com I with sections 122.41 1.24.1 and 1.24'.2 of-the Housin (Element dy - PY , _ _ .. _. g To:reach,:these objectives we have committedto:having no+more than four(4)dwellings . contiguous we have commfttedI to.build!the affordable ihousing onsite instead of.paying amen lieu'fee ` BALLPARK/BASIN!. • ;Examples of play areas that incorporate the same drainage concept TRAFFIC • :'JFdhcB,P6ers•Associates, Inc. have responded in detail to yourquestions reganiingaraffic anducarciilation Our commitment to the upgrade of Los Osos Valley Road and!Madonna Road!priorto Phase- occupancy hase occupancy • 1Refuge on Madonna Road example(conceptual) • Traffic:calming as':part of:tentative�map e Transition of Los Osos:Valley!Road'(Obtain'right of way, in exchange.foropen space..!le-tter '•= of intent in progress TARPLANT m —:Mitigation.:Plan and implementation e General Plan Amendment completed:andi approved REVISED PROJECT'PER MITIGA!.ION MEASURES ` 1 - _ PR0,7ECT' HISTORY IZ D A 5 1 5 LAND5CAPE A R C H IT E C T U R E PROJECT HISTORY AND PLANNING DEVAUL RANCH PLANNED DEVELOPMENT R/ER/Annex 102-96 January 1996 Applicant enters into option agreement for the property with Bank of America,trustee for Mrs.Evelyn DeVaul. February—May Applicant retains design team to prepare conceptual site alternatives. Applicant initiates discussions with city staff to determine compliance with plans,policies and ordinances. July Applicant revises site plan and submits formal application to city. September Pursuant to stab's recommendation,a traffic study is administered by the city and funded by the applicant. The study includes analysis of the (2) 13.6±acre parcels abutting LOVR and a 22.8 acre portion of a larger parcel that comprises the developable area of the project. The project description changes subsequent to the preparation of the initial traffic study,as one of the 13.6±acre parcels abutting LOVR, known as the Laguna West parcel,was removed from the project. November Applicant revises project description and resubmits revised application. Staff initiates the Environmental Impact Report(EIR)process. January 1997 Applicant conducts numerous neighborhood meetings,works with city —April 1998 staff members and revises the project in response to comments. October Parks and Recreation Commission approves park concept. May—June 1998 Draft EIR is released and circulated for comments. May Applicant meets with the Cultural Heritage Committee(CHC)to discuss the DeVaul Ranch House. June Applicant meets a second time with the CHC to discuss the Ranch House and obtain approval of the proposed complex. July—August Applicant attends Planning Commission workshops to discuss the DEIR-Final EIR is released and distributed. August 26 Applicant attends Planning Commission hearing to discuss the FEIR. P.C.requests additional information and continues hearing. September—October Applicant revises DeVaul Ranch House complex,discusses changes with the CHC and again,obtains approval for revised complex. November 1998 Applicant attends second Planning Commission hearing and obtains positive recommendation to City Council to certify the EIR,pre-zone 805.541.4509 the property and support the annexation. FAX 805.546.0525 3427 MIGUEUTO CT SAN LUIS OBISPO CALIFORNIA 93401 1 of 1 ENVIRONMENTALANALY$IS'SUMMARY' '.. .. T ..�. a .. A 5 I 5 LAND5CAPE ARCHITECTURE .AND PLANNING ENVIRONMENTAL ANALYSIS SUMMARY DEVAUL RANCH PLANNED DEVELOPMENT R/ER/Annex 102-96 Although not an executive summary, the following is a synopsis of the Final Environmental Impact Report (FEIR, c•ea Environmental Consultants, October 1998) that reflects the work effort expended by the applicant to revise the project description and thereby, reduce environmental impacts. Pursuant to the Planning Commission's recommendation,the City Council will be asked to: 1)certify the FEIR; 2)approve the Mitigation Monitoring and Reporting Plan; 3)pre-zone the lower 38 acres to R-1,R-2, R-3, PF and the remaining 184 acres to C/OS-160 and;4)support the annexation and prepare a"Resolution of Application" to the Local Agency Formation Commission Please note that the following is not a comprehensive listing of all mitigation measures agreed to by the applicant This list represents the key issues that have been the subject of discussion during applicant sponsored neighborhood meetings, study sessions with the Planning Commission and, ultimately resulted in the recommendation for approval by the Planning Commission. Level of Issue Significance Proposed Mitigation Measures Aesthetics Significant Requires a Statement of Overriding Consideration due to the change from Waal to urban. Applicant has agreed to the following: -design and implementation of extensive landscape planting, -installation of public art; -retention of the existing cypress trees; -retention of the DeVaul Ranch House complex on 1.25 acres; -preparation of a visual analysis to determine apt.bldg.heights. Cultural Insignificant Applicant has agreed to retain and rehabilitate the ranch house on a Resources 1.25 acre site.This mitigation measure resulted in the loss of 3.5 lots. Biological Significant Requires a Statement of Overriding Consideration to recognize the loss Resources of the Hemizonia parryi ssp.Congdonii/Congdon's Tar Plant Applicant has agreed to the preparation of a restoration plan.This plan has been prepared by V.L.Holland,PhD.and is currently being funded by the applicant and implemented. Applicant is dedicating 184 acres to open space(this represents 147 acres above and beyond the city's requirement). Geology& Insignificant Applicant has agreed to the incorporation of required construction soils methodologies related to seismic safety and expansive soils. 805.541.4509 SAX 805.546.0525 3427 MIGUELITO CT SAN LUIS OBISPO CALIFORNIA 93401 Qw rem•euoe.roe A 5 1 5 L .AND5CAPE ARCHITECTURE .AND PLANNING Level of Issue Significance Proposed Mitigation Measures Utilities Insignificant Applicant has agreed to conform to the city's water and waste- water policies,pay the appropriate fees and prepare appropriate . engineering studies for same. Affordable Insignificant Applicant proposes to include affordable housing within the project Housing and comply with Policy 1.22.10 of the Housing Element Traffic& Insignificant The FEIR has proposed and the applicant has agreed to a number Circulation of mitigation measures that range from providing up to 63' of ROW and making improvements to LOUR;incorporating traffic calming devices;constructing a raised median in LOVR to provide additional pedestrian safety and;contributing its"fair share"of a variety of traffic improvements. Noise Insignificant The applicant has agreed to a 148' setback for the apartments from LOVR and the construction of earth berms and car ports with solid rear walls along the LOVR street frontage. Air Quality Insignificant The applicant has agreed to apply APCD's standard mitigation measures(e.g.,dust control,shade trees,etc.). Special attention will be focused on exceeding Title 24 energy efficiency methodologies. Other Proiect Related Issues.- Park ssues.Park Dedication A 3.13 acre neighborhood park has been designed and approved by the Parks and Recreation Commission The drainage basin/play field will serve a dual purpose. Quail Drive Access Although the applicant's legal counsel has offered an opinion that the project does not create or contribute to the existing deficiency relating to emergency access from the Quail Drive neighborhood,the applicant has agreed to: 1)a 20' wide easement that extends from`H' Street to the property line and;2)working with the city toward an equitable resolution regarding the disposition of 1721 Quail Drive toward achieving the full emergency access. 805.541.4509 SAX 805.546.0525 3427 MIGUELITO CT SAN LUIS OBISPO CALIFORNIA 93401 m �24.Cu . 7 2of2 PENSPACE i 1 r y ,Ell - j, OLI'. j 0 o i „ ml — a co - Y ' 2: o'a b:. r as '��.a.• .. -�M T tY J• _n'L x� r ON ., ��� Yir- ow 14 ri4 7y�n a A ) ) Irk •V 1 y V:. - iII,, { 'n r ` li. t 4.'L r Ri �M1 1 Ya R C A t\ +.. �r•.F fir. -. 4 k 14r � F Gp�yr y r t c1 i� '1 LL �cjL \ S f '. kR 64 77 {. l y . 1. i C .. Ky r vC7 y L , S �c fh , ,I zT -r- ��� G:.N.ry_u .. - Si-µ 1��, i•V � - cr IV F• 1 µ ;L l:. r- of•' _ .r ;c RANCH -HOME. SITE: i .. Z oil: • i " / _ CAP .E CTURZ De.Vaul "COUNTRY HOUSE" N'N I N G (circa 1870) �. a View corridor of the home site from the pavement edge.at Madonna Road. The existingEucalyptus grove provides a dra- �,A matic backdrop to the house, thereby making r the house in-the fore- '} QTY Ar ` � -a`,ri'�_i�.r ty••cy...!^'.Y .� Y. r '%ems ground, the major-focal tiY _. •. x a r a„._ � P�,r,�r '�7✓��Tf�� �..?i�Yvsay„r` .��iar�'s *J-y::;�_,�c�x. PROPOSED DEVELOPMENT AND THE DeVaul "COUNTRY HOUSE" The backdrop of existing , Eucalyptus will remain "as is". The home site will be viewed, much as it exists today. Improvements include the 183.8 acre open space parcel behind the — f house. a 3.13 acre park wT (on the left of the:pic- ture), a tree lined park- way framing the view ;'�a7-�"syvy' and period landscaping at the house,.itself. �` ui '! M a9 J - B 109 is --' �� _ ;� � • -- ' ' dlL . Amo® 6�='� Q�:� 7�e �,�c ~ .x�l• , ►r •' motif °�A'•-��, •�' _ �w Sao® 1.25 Acre DeVaul Ranch House ConiPlex APPROOntS Proposed Cultural Resource Wtlgation SepL 1998 b AFFOR.DABLE \.H�OUSINC .r . �' � � • � � � _• - � � � - � '` � '. 1. inVESTEC 7 September 14, 1998 Bear E; cle Cumponres n■, Ms..Peggy Mandeville Planning Division City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 Re: Comments on Affordable Housing at DeVaul Ranch Dear Ms. Mandeville, This letter will clarify the method by which the applicant intends to meet.the affordable housing requirement for the project. As you know, we have held discussions with Jeff Hook and yourself of the Planning Department and George Moylan, Executive Director of the Housing Authority. These discussions have resulted in the following understanding: Program 1.2.2.10 of the Housing Element requires Affordable Dwelling Units (ADUs) in expansion areas to constitute 10% low and 20% moderate cost. We commit to this and will provide this percentage of final map units. The DEIR indicates, based on 253 proposed units, 25 low cost and 50 moderate cost units. San Luis Obispo's need for Affordable Dwelling Units for sale purpose is surpassed only by the need for affordable rental units..The applicant was encouraged to provide the maximum number of rental units in the low-income category. The strategy is that over the 30-year affordable program,.the low cost affordable apartments will service hundreds of families as they transition to better incomes and housing opportunities. Therefore, the low-income units will be provided in the apartment complex. The moderate-income level will have opportunity within both the affordabie.rent and affordable purchase programs. At this income level the purchase of a home, and the financial obligations implied with that purchase on a long-term basis, are achievable. Twenty-nine homes will be provided for sale purposes to the moderate-income level and twenty-one apartments will be provided for rent. Whether in the home or apartment areas, affordable units are intermixed and indistinguishable from similar market rate units as required by Policy 1.24.2. Even though we are providing approximately 75 affordable units, it is our intention that there be no more than four(4) contiguous affordable units. The siting of the affordable homes has been reviewed with Jeff Hook, of the Planning Department, and received his conceptual.approval. The apartments are subject to the same policies and programs and once the design of the apartment buildings has been completed, a similar review and approval will be requested from the City. 200 Eusl Carrillo Streel Sude 200 Santu Baraura, Cn 931'01 Fel 805 962 8989 Fu■805 962 1918 Page two Affordable:Housing Please.note that.Mitigation 1-2, as recommended by the EIR consultant, called.for,permanentl: guaranteeing the affordable units would'remain of that category. However; Policy:1:22:1 ._ currently requires a 30-year guarantee,whichis more appropriate and fair to the owners of..ttie properties.in-question. After 30 years,the homeowners are entitled to realize the benefit thdt care;: :. and'suppoit of-the property may provide in the form of appreciation. It is ourunderstanding that Policy 1.22:1 may soon be subject to review and there:is possibility' that a 15-year program.may be implemented. If.there is such a.change in policy, we believe tfus. project should be subject to the:new policy. We recently hadthe opportunity to review all'these concepts with George Moylan and.he:has given his enthusiastic support. When the project is approved, we look forward-to,working.4i%h, the,Cityand;the Housing Authority to resolve the details for managing this important-program. If you have any questions in this matter please contact me. Yours truly, 7 Charlie.Eckberg Vice President BALLPARK/SASIN J J '4 l� y rr I 4y 1 •' A LIS AT �^',33 ikfT,+�Y '(y`�� ,' k� .'at•ay'�' 1 4 - ' �I i � tt s , O ,.:; t"r.',ry Y-;ih 'tFl �`' �.� t ����qr 4.�\, x `*I+ 'Ir fl`• i °. r t,' ,� FJ ��lii y✓-)J.�� I TT\ ,.�:.�� k' (-r-y -T� Al° t. y� r r �yT �'.'' L1 r�+ji�Hv '•,_: - s �_ IS„ .3tY� 'i'' r yt i. cif ,+..' i_ PS, X97, r. o e 1 1• yril� 1 �.. .... c �"_._ __�.__ `L I�p,l f• '�}•ati � V`J �s-phi 'r f. I�'"Y 51 Pq� f- .r r A 3. 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I� � �A •��� � �h � ":I� T7��11Yrf �`� i 1'' P� yA.i � �,,�J� " N'{. � 'I} r 1���� r�i. yy b 5� t' :Y+: \ C � + f '1� t �,p•.a J^f� 1, c. yi.,4 F �\ -71 -' � r,V J 7S mi � �A� IA d R- en ,� 'f;. •- }��1tf �t 4„it sly�� y1��� +. ��41�y'+Fti� {��xj�o- �� mr±+ .FTM. + I �� {ay.M L •r _ :� a rJ � y -.�1 i Y�A�' P T �� v�bo- }�.J t0 _ a+^ufl' ..r 4' t• IY a A N I M Im rf I I. t ,•� �• �`.a t >, +'r, _._. ... _ - 1>-+�_.'.v_. �„-� .'M�< r.:,•.a._._ :_y..r-t, J IY`hli' :1:.p�"�S'6 to '1.b - k' • ' ':I� { -.,tli I'lit .. yr a n , - i � II III "♦ � au r, l I - r I I�11i I . r,�Li ui y+ , Ne `.. 3 r i - i 7.1 m YLo H Ir \ , u AL I ti r � h 5. I b�ly.4e'1Y ".: TARPLAN _ 1 i_ ,.. q M. 11 _ i ,. CONGDON",S TARPLANT RESTORATION AND MITIGATION PLAN FOR TIM DeVAUL RANCH DEVELOPMENT SITE SAN LUIS OBISPO, CA. By V. L. Holland, Ph.D. f. Plant and Restoration Ecology David :Keil, Ph.D: Plant Systematics and Field B'otan'y ( , Biological Sciences Department Call Poly San Luis Obispo, CA 93'407 For OASIS Landscape Architecture and Planning 342.7 Miguelito Ct. San. LuisObispo, CA 93401 F' Af 1 _ September .28,. 1998 ";'{ i INTRODUCTION The purpose of this Congdon's Tarplant (Hemizonia parry ssp. congdonii) Restoration and Mitigation Plan is to present methods that will mitigate the loss of the Congdon's tarplants from the DeVaul Ranch Development in San Luis Obispo. Results of the 1998 survey showed that thousands of Congdon's rarplants throughout the entire area defined as PHASE 1 of the DeVaul Ranch Development will be affected. These plants were far too numerous for us to give an accurateestimate of total numbers without detailed sampling. Sampling should occur as soon as possible to get quantitative data about the population. The tarplants occur in large patches, small patches, and as scattered individual plants throughout the entire PHASE 1 site. They were most common in.areas that retained water for a longer period of time and in areas that had a lower density of grasses; however, they were present in all areas of PHASE 1. This is a significant change from the previous year when only a few plants were found in the same area. From these data it is obvious that Congdon's tarplant populations, like.many species, vary significantly from year to year and that yearly variation must be factored into the restoration and mitigation plan. Neil Havlik and others have documented the presence of other populations in the undeveloped areas around San Luis Obispo including the city owned Laguna Lake Park. OFF-SITE RESTORATION AND MITIGATION The Congdon's Tarplant(Hemizonia parry ssp. congdonii) Restoration and Mitigation Plan is to provide methods to restore populations off-site and mitigate the loss of the plants and their habitat on the DeVaul Ranch. Specifically the objective of this plan is to restore a stable, reproducing-population of Congdon's tarplant that is comparable to the former population on another favorable site or sites to be selected with the City of San Luis Obispo staff. We propose a combination of seeding and planting to accomplish these goals. We also propose to locate and create favorable habitats that will allow for the natural establishment of Congdon's tarplant through natural ecological processes. The ultimate goal is to end with a habitat and plant community that supports a self sustaining population of Congdon's Tarplant growing together with other native plants that are typical associates of this species. The restoration and mitigation plan will be monitored for three years to make sure the Congdon's Tarplant has successfully become established. DESCRIPTION OF CONGDON'S TARPLANT Hemizonia parryi ssp. congdonii (Congdon's tarplant) is an erect to prostrate, summer-flowering annual herb. Growth begins in..mid to late spring with production of a rosette of basal leaves. The basal and first-formed stem leaves are thin, and the lower are divided into narrow lobes. Secondary clusters of stiff, spine-tipped leaves are soon produced along the main stem and branches. The stems and leaves are glandular and bear long, soft hairs. Flowering begins in mid summer and-may continue into early autumn. The tiny yellow flowers are borne in small,stalkless, daisy-like flower heads along the upper branches. Each flower head is surrounded by a cluster of rigid, spine- tipped bracts. As the plants gradually dry up and die in autumn, the seed heads shatter. This plant is included in the CUPS inventory in List 1B (Plants Rare and Endangered' in California and Elsewhere). It has a R-E-D code of.3-3-3 (endemic.to California, endangered throughout its range, and highly restricted in distribution). It is included'in the California Department of Fish and Game Natural Diversity Data Base List of Special Plants, but it is not at present listed by the state as endangered or threatened. ICis listed by the federal govemment.as a Species of Concern and has a global'ranking of G1 {Less than 6 viable element occurrences or less than 2.000 acres). Historically Hemizonia.parryi ssp. congdonii occurred from Contra Costa and Solano ...counties south to San Luis Obispo County. It has apparently been extirpated in four of the seven counties where it formerly occurred and is seriously threatenedin the remaining areas. It occurs primarily in clay-rich valley soils that flood in winter and dry hard in summer. In much of its former range its habitats were long ago converted to aericulture or have been swallowed up by urban expansion. In San Luis Obispo County, Congdon's tarplant is known from the eastern end of the Los Osos Valley from the base of Bishop Peak to Laguna Lake, the DeVaul Ranch, and a.couple of other recent sites reported by Neil Havlik. It is threatened by agricultural practices andurban expansion. RESTORATION AND MITIGATION Restoration Sites With the assistance of Neil Havlik and other City of San Luis Obispo Staff, along with other appropriateagencies,we will select sites that currently support marginal populations of Congdon's tarplants or find favorable sites that currently do not support Congdon's tarplants. These sites will be the subject of our restoration efforts beginning with the 1998 - 1999 growing season. Reference or Control Sites We will establish reference(control) sites where known Congdon's tarplant populations are established and are.successfully reproducing each year. The populations and associated species on.these sites will be analyzed and followed throughout the three year monitoring period along with the restoration sites. This will provide us with information on the natural yearly variation in populations so we can accurately evaluate the success of our restoration efforts. We will also monitor the associated species in the reference and restoration sites to know what natural assemblages of plants grow with.and are compatible with Congdon's tarplant and how these associated plants vary from year to year. Seed Collection We will visit the site at various times over the next few weeks and collect seeds from the existing population of Congdon's tarplants on the DeVaul Ranch. Seeds will be collected and stored following standardprocedures for seed collecting. Some seeds will be used to start container stock plants so that they will be ready to plant in fall 1998. The combination of seeding and planting should allow us to successfully establish a healthy population of Congdon's tarplant on the project site. No previousstudies have been conducted on seed viability or germination requirements of Congdon's tarplant; therefore, we plan.to do experimental work to determine seed germination requirements to enhance our success at establishing container stock and to enhance the germination rates in our seeding effort in the field. In addition,becauseof the question of viability,some of the collected seeds may need to be sent to a commercial or government seed lab to obtain viability and germination data and to identify dormancy problems or special germination treatments. We will also consult with various seed companies such as S & S Seeds that do research with seed collection and germination to gain anv knowledge they may have regarding seed handling and.germination requirements. Because of the uncertainties of seed germination, this.mitigauon plan proposes planting for three years or until a compensatoryand stable population of the Congdon's tarplant is established. The young container stock Congdon's tarplant plants used in the revegetation plan. will be planted in November or December after the fust fall rains and before the onset.of heavy winter rains (unless it is determined a later date is better). The young tarplants will be established in flinch containers and will be planted in the locations designated by the restoration plan and marked in the field by V..L. Holland and David Keil. Seeds will also be collected each year from the reference sites to be used to supplement the Congdon's tarplant populations in the restoration sites. These seeds will be used for additional seeding as well as growing container stock plants. PLANTING AND SEEDING V. L. Holland and David Keil and representatives from San Luis Obispo and other agencies as appropriate will supervise the layout and.design of the mitigation.areasand the location and configuration of the planting of container stock plants and seeding. Some habitat manipulation may be conducted to improve or create habitat for the tarplants. The implementation of the design will be.supervised.and any deviations from the design must be approved by V. L. Holland and David Keil. PERFORMANCE CRITERIA In establishing performance:criteria for the Congdon's tarplant, densities at the DeVaul Ranch and selected reference sites will be sampled and used as baseline data. This will allow usto evaluate the natural variation in density and numbers of Congdon's tarplants and associated plants due to year to year fluctuation in climatic factors such as amount of precipitation, flooding, etc. in undisturbed reference sites. Such a comparison requires comparable monitoring of one or more undisturbed,natural populations in the general vicinity of the restoration sites. The performance criteria will be expressed as a percentage of the density, total number of individuals, or area of occupied habitat found at the control site compared to the mitigation site. All mitigation sites are expected to achieve the following performance standards by the end of the three-year monitoring period. Congdon's tarplant populations will be quantified on the reference sites and baseline data on the population shall be established and compared yearly for natural variation. The restoration sites shall equal or exceed 80% of the population size of comparison reference areas at the end of the monitoring period. Native plant cover associated with the Congdon's tarplant shall be comparable to that found on reference sites as determined by community similarity coefficients or other appropriate measures. Weeds and exotic plants found in the restoration sites shall be controlled. Weed cover on the restoration sites shall not exceed that of the reference sites. MONITORING PLAN The commitment to monitor the success of the Congdon's Tarplant Restoration and Mitigation Plan by conducting regular follow-up inspections of the site provides assurance that the planting and seeding conforms with the stated goals and meets the performance standards discuss above. It also provides a contingency to address unforeseen problems and evaluate year to year variation in natural populations. For example, it is well known that natural variation in seed production, seedling establishment, and plant,growth from year to year effects the rate of plant population recovery. V. L. Holland and David Keil will supervise theinitial site design.and planting efforts.. The site will be monitored by conducting follow-up field studies on a regular basis until the stated goals of the restoration and mitigation plan have been achieved. These follow-up.site visits and field studies will.evaluate the progress of the restoration effort so that any necessary remedial measures can be recommended in a timely manner. Monitoring methods described below were chosen so that monitoring results can be used to determine whether pre-established performance criteria are being met. The monitoring plan includessuggested remedial measures to be used in the event thatthe initial methods for establishing or recovering the Congdon's tarplant are not successful. The main goal of this Congdon's Tarplant Restoration and Mitigation.Plan is the restoration of a self.sustainingpopulation of Congdon's tarplants in a natural plant community within three years. MONTORING METHODS Each year we will evaluate the progress of the mitigation effort by sampling and counting the established tarplants and evaluating.the size,health, and-stability of the population. Factors to be monitored shall include growth, survival, and/or establishment rate of the Congdon's tarplant,population size, presence of introduced weeds, effects of herbivores, and any other factors important to the success of the mitigation effort. Site visits will occur quarterly to make qualitative observations and measure survival of planted and seedling tarplants. Quantitative vegetation sampling will occur once a year during the peak flowering time for Congdon's tarplant. Qualitative Standards Permanent-photo points will be established andutilized to document establishment of the Congdon's tarplants overtime in both the reference-sites and restoration sites. Qualitative assessment of establishment progress will bemade using time-series photographs both.within.and between years.. Qualitative comparisons of vegetation cover at restoration.sites with vegetation cover at the nearby undisturbed reference sites will form the basis of this analysis. Quantitative Standards The Congdon's tarplant populations on the DeVaul Ranch and on other reference sites will be quantitatively sampled using the quadrat and/or line intercept=thod.on both the. reference sites and the restoration sites. Analysis of reference site data will be used to produce performance thresholds. The vegetation on the project site will be sampled.prior to the seeding and planting effort to establish baseline data. One hundred meter(100) permanent transects will be established at the mitigation site and the control sites.. Twenty (20) points will besampled along these transects at 5 meter intervals. One square meter quadrats will be sampled at each interval to determine herbaceous vegetation composition and cover for each quadrat. Each plant species that is rooted in the quadrat will be identified and an estimate of its percent cover will be made by applying the following cover classes. Estimated Percent ' Estimated Percent Class.Range Midpoint of Class Range 0-5% 2.5 % >5=25 15.0 % >25-50 37.5 % >50-75 62.5 % >75-95 - 85.0 % 95-100 197.5 % At planting or immediatelyafter, each container stock plant will be numbered and labeled with aluminum weatherproof tags. Each Congdon's tarplant seedling in sample plots, after it emerges and becomes identifiable, will be located, flagged and monitored for vitality and survival. The height and cover for each plant will be recorded quarterly.. The data shall be recorded in the field on data sheets designed to accommodate the needs of the sampling methodology. Data sheets shall include the date,name of the data collector, transect and quadrat location,measurements taken at That site, and general observations that are relevant to determining progress of the mitigation effort and.remedial actions. Analysis of Results From the quadrat method of sampling two calculations will be performed, percent cover and frequency. Percent-cover relates to the cover or dominance of a plant. Frequency relates to the distribution of a species within the community. Density measurements will only bemade for the Congdon's tarplants by counting the number of tarplants in each quadrat on the control and mitigation sites. To provide a reliable measure of population size the following measures will be recorded for each quadrat: number of seedlings, number of adults, size of plants, and number of flowers. All containerstock plants grown in the greenhouse-and planted in the field will also be monitored for growth and survivability. Each individual will be flagged and size of plant and reproductive condition recorded. A discussion of theresults shall be provided that interprets the results and incorporates any relevant observations. REPORTING REQUIREMENTS Annual reports will be submitted by September.30 of each year. Each report will also include remedial action recommended and conducted. SCOPE OF WORK • We will;perform thc:work as discussed above in the Congdon's tarplant Restoration and'Mtigation.Plan for the DeVaull Ranch Development Size. • Es abWh reference sites ° S e Congdbn's-tarplant';populations on DeVaul Ranch and Reference Sites-in 1993 and: a f011 0Wim g.three subsequeat:years • Collcctirtgaad Storing Seeds from DeVeu1 Ranch Population and other populations:In iW.:and the;following three subsequent years • Growing.,container stock plants and',planting them on restoration sites. SamPling-andmonitoring vegetation and Congdon's tarplant Populations:on a quarterly :and:yearty basis Writing annual reports and a.fm;fl report. ESTIMATED BUDGET L S6000'peryear.fixed cost T"riis'budgetincludes.paying students and staff to perform alltof'the itents (isted in the Restoration and Mitigation Plan for period of three years It also includes•travel and. matrnals:sucb.as film, film processing,containers; paper,reproductions,seedfevaluations; seed'storage,etc.. w . 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