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RESOLUTION NO. 9749 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A VESTING TENTATIVE TRACT MAP FOR
. THE CREEKSTON PROJECT
TR 164 -02 (791 ORCUTT ROAD AND 33309 3360 BROAD STREET, TRACT 2785)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2005, for the purpose of considering Planning Application TR 164 -02, a vesting tentative
tract map providing for the development of 86 homes and 10,000 square feet of commercial floor
area; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the proposed
development plan, including modified property development standards; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3, 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
making recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project; and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Subdivision Findings. The following findings are hereby made in support of
the proposed subdivision.
1. The proposed map is consistent with the General Plan because the project helps meet the
City's goal of maintaining a compact urban form (LUE Goal 31).
2. The design of the proposed subdivision is consistent with the General Plan because it will
provide for variety in the location, type, size, tenure and style of housing in the City (HE
Goal 5.1).
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Resolution No. 9749 (2005 ries)
Page 2
3. The site is physically suited for the proposed type of development because it is an under-
developed site adjacent to existing street rights -of -way with complete City services.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
5. The design of the subdivision is not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat because all biological
impacts of the project have been evaluated in the Final EIR for the project and mitigation
measures will insure that impacts will be less than significant.
6. The design of the subdivision is not likely to cause serious public health problems
because environmental impacts, such as noise, are mitigated by design and buildings in
the subdivision will be designed to meet strict building and safety codes.
7. The design of the subdivision will not conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision because the
project design has been reviewed to insure compatibility with the limitations established
by existing easements for utilities.
Section 2. Subdivision. The vesting tentative tract map for Tract 2785 is hereby
approved, subject to the following conditions of approval.
Public Improvements, Dedications, and Utilities
1. The public improvement plans for Tract 2707 and Tract 2785 shall consider the proposed
or required phasing to complete the combined development known as Four Creeks. The
public improvement plans for each subdivision shall include any offsite improvements as
necessary to provide a reasonable transition between these two subdivisions in the case
that one project is developed before the other. The scope of required improvements shall
be approved to the satisfaction of the Public Works Director. A reimbursement
agreement may be processed for any off -site improvements required to be constructed by
a development where not previously required or proposed.
2. Public improvement plans shall be submitted to the Public Works Department for review
and approval. The plans shall be approved prior to building permit issuance. Public
improvement plans and specifications shall comply with the City Engineering Standards
and Standard Specifications in effect at the time of submittal of the improvement plans.
The latest versions are dated January 2005.
3. Complete street improvements include but are not limited curbs, gutters, sidewalks,
ramps, full width street pavement, bus turn-outs and appurtenances, bridges, signage,
striping, barricades, utility extensions, and street lights.
4. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut -
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the developer.
Resolution No. 9749 (2005 ries)
Page 3
5. An encroachment permit is required for. any work within the public right -of -way or
within a public easement. A separate permit is required from Cal Trans for work within
Broad Street (227).
6. Any existing structures, private water supply, or private waste disposal system shall be
abandoned to the satisfaction of the Public Works Director, Building Official, and County
Health Department. Existing improvements may remain if specifically approved, are not
considered to be a nuisance or health hazard and are shown to not be affected by the
proposed location of property lines arid/or improvements.
7. The public improvement plans and subsequent development plans shall recognize that
residential structures previously existed at the addresses known as 3330 Broad and 3360
Broad. The codes in effect at the time of demolition or at the time of connection to the
public sewer would not have required the removal of any septic tank and leach field
serving the homes.
8. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
9. Additional public right -of -way or public pedestrian easements may be necessary to
accommodate improvements required for Americans with Disabilities Act (ADA)
compliance, to the satisfaction of the Public Works. Director.
10. The extinguishment or quitclaim of any existing easements shall be clearly identified on
the final map or shall be completed separately prior to map recordation if applicable.
11. Access rights along Broad Street (227) and Orcutt Road, except at approved driveway
locations shown on the tentative map, shall be dedicated to the City.
12. The subdivider shall dedicate a 4.6m wide public utility easement and a 3m wide street
tree easement across the frontage of each lot. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering each lot, with the final width of
easements subject to the approval of the Public Works Director.
13. The public improvement plans shall clearly show and label all existing and proposed
public and private utilities. Private utilities shall be installed in accordance with the
Engineering Standards and adopted codes and ordinances and shall be maintained by the
Homeowners Association.
14. Plantings and improvements located within the sewer easement and gas main easement
shall be approved to the satisfaction of the Utilities Engineer and The Gas Company
respectively.
15. Complete details shall be included with the public improvement plans for the pedestrian
bridge connecting Tracts 2707 and 2785. A private pedestrian easement shall be
recorded with each map to recognize this link between developments.
Resolution No. 9749 (2005 Cries) O
Page 4
16. Street trees shall be planted along all public and private street frontages per city
standards. The number, location, species, and planting details shall be approved by the
City Arborist in conjunction with the public improvement plans and/or development
plans. The planting of street trees may be deferred until development for all or a portion
of the development to the satisfaction of the Public Works Director.
17. Final grades and alignments of all public and/or private water, sewer and storm drains
shall be approved to the satisfaction of the Public Works Director and Utilities Engineer.
The final location, configuration, and sizing of service laterals and meters.shall be
approved in conjunction with the review of the public improvement plans.
18. The subdivider shall install street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards.
Off -site street lighting improvements, alterations, or upgrades may be required along
roadways leading to and from the proposed development to complete the necessary
public improvements.
19. Separate utilities, including water, sewer,. gas, electricity, telephone, and cable TV shall
be served to each lot to the satisfaction of the Public Works Director and serving utility
companies.
20. The subdivider shall place underground, all existing overhead utilities along the public
street frontage(s), to the satisfaction of the Public Works Director and utility companies.
21. The proposed sewer and water lines shall be relocated away from the Southern California
Gas Company easement, to the approval of the Public Works Director and the Utilities
Director.
Grading and Drainage
1. All bridging, culverting and modifications to the existing creek channels must be in
compliance with city standards and policies, the Waterways Management. Plan and be
approved by the Public Works Director, Army Corp of Engineers, the Regional Water
Quality Control Board, and Fish & Game.
2. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be approved to the satisfaction of the
Public Works Director, the City's Natural Resources Manager, the Department of Fish
and Game, the Regional Water Quality Control Board and the Army Corp of Engineers
if applicable.
3. General Construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing, grading and excavation
results in land disturbance of one or more acre. Permits are required until the
construction is complete. To be covered by a General Construction Activity Permit, the
owner(s) of land where construction activity occurs must submit a completed "Notice of
Intent" (NOI) form, with the appropriate fee, to the State Water Resources Control Board.
Resolution No. 9749 (2005 Cries) C;
Page 5
4. A copy of the Stormwater Pollution Prevention Plan required by the SWRCB shall be
included in the public improvement plan set for reference. The public improvement plans
shall include reference to the WDID number.
5. This development is subject to the city's Waterways Management Plan and Drainage
Design Manual. Development shall also be shown to comply with the Flood Damage
Prevention Regulations. The public improvement plan submittal shall include a complete
drainage study.
6. Post - development stormwater runoff shall be shown to comply with Engineering
Standard 101O.B. For purposes of this section, private streets and private parking areas
shall be considered as impervious development.
7. Detention basins have been proposed or are required for this subdivision. As such, a
vector control plan shall be submitted and approved to the satisfaction of the city in
conjunction with the public improvement plans. The HOA shall be responsible for any
detention basin maintenance and/or nuisance abatement created by the maintenance of
said basins.
8. A water feature or permanent pond may be provided as shown on the tentative map and
development plans. If provided, a vector control plan shall be submitted and approved to
the satisfaction of the city in conjunction with the public improvement plans. The HOA
shall be responsible for any pond maintenance and/or nuisance abatement created by the
maintenance of said pond.
Mapping Requirements
1. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor in accordance with the Professional Land Surveyors Act, the
Subdivision Map Act and the Subdivision City's Regulations.
2. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import
into the Geographic Information System (GIS) database. Submit this data either via email,
CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version
2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any
questions regarding format, please call prior to submitting electronic data.
3. The final map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. - all record data
shall be entered on the map in the record units, metric translations should be in
parenthesis), to the approval of the City Engineer.
4. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
Resolution No. 9749 (2005 Cries) •
Page 6
whichever occurs first. Submittal documents shall include the AutoCAD compatible
drawing files and any associated plot files along with one original, stamped and signed,
ink on mylar set of plans.
5. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with AutoCAD for Geographic Information System (GIS) purposes, in accordance with
the City's Engineering Standards, to the satisfaction of the Public Works Director.
6. The map shall be recorded prior to occupancy or final inspection approval of any of the
units. Otherwise, the,map shall be processed as a condo conversion per Municipal Code
Chapter 17.82.
Utilities Conditions and Code Requirements
1. The water main that loops through the project between the main in Orcutt Road and the
main in Broad Street appears to serve both the domestic and the fire sprinkler uses within
the project. The Fire Department will determine which buildings will have a common
fire sprinkler system (serving more than one unit) and which will serve individual units.
Each fire lateral must have a USC approved backflow prevention device. Often, planned
developments such as this have a separate dedicated private fire main that runs through
the site serving fire sprinklers and fire hydrants, which would require only two backflow
devices (one at each end). The engineer will need to determine which approach is best
suited for the proposed development.
2. The sewer system shall be clearly labeled as private on the plans.. Since the City owns
and operates the water system up to, and including, the water meter, much of the onsite
water system will be required to be public. The amount of public water system outside of
the public right -of -way shall be minimized to the extent possible. Water meters shall be
manifolded in groups of two to six meters. As many as four 1" meters or six 3 /W' meters
can be placed on each 2" water service manifold.
3. All public water and sewer facilities shall be located within easements or property deeded
to the City.
4. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first- served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is
paid. Both the Water and the Wastewater Impact Fees are charged on a per unit basis for
the residential portion of the project and based on the size of the water meter(s) serving
the non - residential portions.
5. If any well exists that has not been properly destroyed in accordance with the standards
of the County Department of Environmental Health, additional requirements will apply.
6. The owner's engineer shall submit water demand and wastewater generation calculations
so that the City can make a determination as to the adequacy of the supporting
Resolution No. 9749 (2005 Ties)
Page 7
infrastructure. If it is discovered that an offsite deficiency exists, the owner will be
required to mitigate the deficiency as a part of the overall project.
7. The project is tributary to the Tank Farm/Rockview Lift Station system, which is very
near maximum capacity and is scheduled for replacement. The City is pursuing a
regional project to construct a large sewage lift station on Tank Farm Road to replace the
existing lift stations and provide the needed capacity for build -out of the Airport,
Margarita, and Orcutt Specific Plan Areas. This sewer project is scheduled to be
complete by Spring of 2007. Currently, there is approximately 108 gpm of available
capacity in the lift station system. City crews are pursuing a minor upgrade that will
provide an additional 110 gpm of capacity. There are several developments proposed for
the area served by this lift station system. Available capacity will be assigned to a
particular development at the time building permits are issued on a "first come, first
served" basis. If available capacity is gone before the regional lift station project is
complete, building permits may be delayed.
8. Each fire service lateral shall include a USC approved backflow preventer appropriate for
the proposed use. The backflow preventer shall be located as close to the public water
main as possible, in direct alignment with the backflow device. The backflow preventer
can be located no further than 25 feet from the right -of -way line without prior written
approval of the Utilities Engineer. If the fire service supports one or more fire hydrants,
the USC approved backflow preventer(s) shall also include detector capabilities (double
detector check assembly). The FDC may be located behind the backflow prevention
assembly, in accordance with manufacturer's recommendations. The location and
orientation of the FDC shall be approved by the Fire Department.
9. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
10. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that any existing sewer lateral stubbed to the property must be
abandoned at the main as part of the overall project, unless the lateral is intended for reuse
and it passes a video inspection. If any existing sewer lateral is intended for reuse, the
owner shall submit a VHS videotape documenting the internal condition of the pipe to the
Utilities Department for approval.
11. The irrigation systems for common areas, parks, detention basins, and other large
landscape areas shall be designed and constructed in accordance with the standards for
reclaimed water use. If reclaimed water is not yet available, the system shall be designed
and constructed to reclaimed water standards, and temporarily connected to the City's
potable water system in the area of the anticipated connection to the reclaimed water
system. Appropriate backflow protection shall be installed with this connection to the
satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached
at 781 -5567.
Resolution No. 9749 (2005 Zri
Page 8
Conditions, Covenants and Restrictions
The project CC &R's shall include disclosure and notification that the project is in an
urban area and adjacent to an industrial zone, which includes uses that may cause noise,
odors, and traffic that are not typical in rural and suburban neighborhoods.
On motion of Council Member Settle seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Settle and Vice Mayor Ewan
NOES: Council Member Mulholland and Mayor Romero
ABSENT: None
The foregoing resolution was passed and adopted this 15th day of November, 2005.
Mayor David F. Romero
ATTEST:
�U
Audrey oper
City Cl c
APPROVED AS TO FORM:
fion P. Lowell
City Attorney
GDS O O
O
K
RESOLUTION NO. 9748 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A VESTING TENTATIVE TRACT MAP FOR THE
TUMBLING WATERS PROJECT AND ALLOCATING UP TO $4009000 OF
AFFORDABLE HOUSING FUNDS TO THE PROJECT'S AFFORDABLE
HOUSING PROGRAM
TR 151 -03 (861 AND 953 ORCUTT ROAD, TRACT 2707)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2005, for the purpose of considering Planning Application TR 151 -03, a vesting tentative
tract map providing for the development of 178 new homes; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the proposed
development plan, including modified property development standards; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber-of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3, 2003, July 28, 2004, May 25; 2005 and October 12, 2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
making recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project; and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Subdivision Findings. The following findings are hereby made in support of
the proposed subdivision.
The proposed map is consistent with the General Plan because the project helps meet the
City's goal of maintaining a compact urban form (LUE Goal 31).
R 9748
V J
Resolution No. 9748 (2005 Series) .
Page 2
2. The design of the proposed subdivision is consistent with the General Plan because it will
provide for variety in the location, type, size, tenure and style of housing in the City (HE
Goal 5.1).
3. The site is physically suited for the proposed type of development because it is an under-
developed site adjacent to existing street rights -of -way with complete City services.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
5. The design of the subdivision is not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat because all biological
impacts of the project have been evaluated in the Final EIR for the project and mitigation
measures will insure that impacts will be less than significant.
6. The design of the subdivision is not likely to cause serious public health problems
because environmental impacts, such as noise,. are mitigated by design and buildings in
the subdivision will be designed to meet strict building and safety codes.
7. The design of the subdivision will not conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed subdivision because the
project design has been reviewed to insure compatibility with the limitations established
by existing easements for utilities.
Section 2. Subdivision. The vesting tentative tract map for Tract 2707 is hereby
approved, subject to the following conditions of approval.
Public Improvements, Dedications, and Utilities
The public improvement plans for Tract 2707 and Tract 2785 shall consider the proposed
or required phasing to complete the combined development known as Four Creeks. The
public improvement plans for each subdivision shall include any offsite improvements as
necessary to provide a reasonable transition between these two subdivisions in the case
that one project is developed before the other. The scope of required improvements shall
be approved to the satisfaction of the Public Works Director. A reimbursement
agreement may be processed for any off -site improvements required to be constructed by
a development where not previously required or proposed.
2. Public improvement plans shall be submitted to the Public Works Department for review
and approval. The plans shall be approved prior to building permit issuance. Public
improvement plans and specifications shall comply with the City Engineering Standards
and Standard Specifications in effect at the time of submittal of the improvement plans.
The latest versions are dated January 2005.
13
Resolution No. 9748 (2005 Series)
Page 3
3. Complete street improvements include but are not limited curbs, gutters, sidewalks,
ramps, full width street pavement, bus turn -outs and appurtenances, bridges, signage,
striping, barricades, utility extensions, and street lights.
4. A public improvement plan, prepared by a registered civil engineer, shall be submitted to
the Public Works Director for review and approval. All grades, layout, staking and cut -
sheets necessary for the construction of street paving and frontage improvements shall be
the responsibility of the developer.
5. An encroachment permit is required for any work within the public right -of -way or
within a public easement.
6. Any existing structures, private water supply, or private waste disposal system shall be
abandoned to the satisfaction of the Public Works Director, Building Official, and County
Health Department. Existing improvements may remain if specifically approved, are not
considered to be a nuisance or health hazard and are shown to not be affected by the
proposed location of property lines and/or improvements.
7. The public improvement plans and subsequent development plans shall recognize that the
Historic McMillan residence previously existed at the address known as 861 Orcutt. The
codes in effect at the time the residence was moved and accessory structures were
demolished would not have required the removal of any septic tank and leach field
serving the property.
8. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
9. Additional public right -of -way or public pedestrian easements may be necessary to
accommodate improvements required for Americans with Disabilities Act (ADA)
compliance, to the satisfaction of the Public Works Director.
10. The extinguishment or quitclaim of any existing easements shall be clearly identified on
the final map or shall be completed separately prior to map recordation if applicable.
11. Access rights along Orcutt Road, except at approved driveway locations shown on the
tentative map, shall be dedicated to the City.
12. The subdivider shall dedicate a 4.6m wide public utility easement and a 3m wide street
tree easement across the frontage of each lot. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering each lot.
13. The subdivider shall dedicate the additional right -of -way necessary to accommodate a
bus turn -out, shelter and appurtenances proposed and conditioned for the adjoining Tract
2785. A separate construction easement, slope bank, and/or grading easement may be
necessary to facilitate construction of the bus stop improvements.
Resolution No. 9748 (2005 Series)
Paue 4
14. The public improvement plans shall clearly show and label all existing and proposed
public and private utilities. Private utilities shall be installed in accordance with the
Engineering Standards and adopted codes and ordinances and shall be maintained by the
Homeowners Association (HOA).
15. Alternate paving materials shall be approved to the satisfaction of the Public Works
Department, Utilities Department, and Community Development Department where
proposed within the public street. A separate temporary encroachment agreement and/or
maintenance agreement may be required to clarify that the HOA will be responsible for
pavement maintenance and upgrades where occurring within the Sacramento Drive right -
of -way.
16. The extent of alternate paving shown on the public improvement plans and subsequent
development plans shall be approved by the city's Traffic Engineer.
17. Complete details shall be included with the public improvement plans for the pedestrian
bridge connecting Tracts 2707 and 2785. A private pedestrian easement shall be
recorded with each map to recognize this link between developments.
18. Street trees shall be planted along all public and private street frontages per city
standards. The number, location, species, and planting details shall be approved by the
City Arborist in conjunction with the public improvement plans and/or development
plans. The planting of street trees may be deferred until development for all or a portion
of the development to the satisfaction of the Public Works Director.
19. Final grades and alignments of all public and/or private water, sewer and storm drains
shall be approved to the satisfaction of the Public Works Director and Utilities Engineer.
The final location, configuration, and sizing of service laterals and meters shall be
approved in conjunction with the review of the public improvement plans.
20. The subdivider shall install street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards.
Off -site street lighting improvements, alterations, or upgrades may be required along
roadways leading to and from the proposed development to complete the necessary
public improvements.
21. Street lighting shall be provided along the private streets or paths in accordance with the
approved development and/or ARC plans. Any private street or pathway lighting shall be
maintained by the HOA.
22. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each lot to the satisfaction of the Public Works Director and serving utility
companies.
Resolution No. 9748 (2005 Series)
Page 5
23. The subdivider shall place underground, all existing overhead utilities along the public
street frontage(s), to the satisfaction of the Public Works Director and utility companies.
24. The applicant shall work with the Public Works, Fire and Community Development
Departments when finalizing on -site drive aisle widths to provide uniformity and
minimize paved surfaces where possible.
25. No garage doors shall be located within 20 feet of the back of sidewalk with direct access
to public street.
26. The applicant shall be responsible for providing a physical connection on Sacramento
Drive between the existing sidewalk and the project's proposed detached sidewalk.
Grading and Drainage
1 All bridging, culverting and modifications to the existing creek channels must be in
compliance with city standards and policies, the Waterways Management Plan and be
approved by the Public Works Director, Army Corp of Engineers, the Regional Water
Quality Control Board, and Fish & Game.
2. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be approved to the satisfaction of the
Public Works Director, the City's Natural Resources Manager, the Department of Fish
and Game, the Regional Water Quality Control Board, and the Army Corp of Engineers
if applicable.
3. General Construction Activity Storm Water Permits are required for all storm water
discharges associated with a construction activity where clearing, grading and excavation
results in land disturbance of one or more acre. Permits are required until the
construction is complete. To be covered by a General Construction Activity Permit, the
owner(s) of land where construction activity occurs must submit a completed "Notice of
Intent" (NOI) form, with the appropriate fee, to the State Water Resources Control Board.
4. A copy of the Stormwater Pollution Prevention Plan required by the SWRCB shall be
included in the public improvement plan set for reference. The public improvement plans
shall include reference to the WDID number.
5. This development is subject to the city's Waterways Management Plan and Drainage
Design Manual. Development shall also be shown to comply with the Flood Damage
Prevention Regulations. The public improvement plan submittal shall include a complete
drainage study.
6. Post - development stormwater runoff shall be shown to comply with Engineering
Standard 101O.B. For purposes of this section, private streets and private parking areas
shall be considered as impervious development.
Resolution No. 9748 (2005 Series)
Page 6
7. Detention basins have been proposed or are required for this subdivision. As such, a
vector control plan shall be submitted and approved to the satisfaction of the city in
conjunction with the public improvement plans. The HOA shall be responsible for any
detention basin maintenance and/or nuisance abatement created by the maintenance of
said basins.
Mapping Requirements
1. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor in accordance with the Professional Land Surveyors Act, the
Subdivision Map Act and the Subdivision City's Regulations.
2. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import
into the Geographic Information System (GIS) database. Submit this data either via email,
CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version
2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any
questions regarding format, please call prior to submitting electronic data.
3. The final map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. - all record data
shall be entered on the map in the record units, metric translations should be in
parenthesis), to the approval of the City Engineer.
4. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements,
whichever occurs first. Submittal documents shall include the AutoCAD compatible
drawing files and any associated plot files along with one original, stamped and signed,
ink on mylar set of plans.
5. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with AutoCAD for Geographic Information System (GIS) purposes, in accordance with
the City's Engineering Standards, to the satisfaction of the Public Works Director.
6. The map shall be recorded prior to the occupancy or final inspection approval of any of
the units. Otherwise, the map shall be processed as a condo conversion per Municipal
Code Chapter 17.82.
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Resolution No. 9748 (2005 Series)
Page 7
Utilities Conditions and Code Requirements
The water main that loops through the project between the main in Orcutt Road and the
main in Broad Street appears to serve both the domestic and the fire sprinkler uses within
the project. The Fire Department will determine which buildings will have a common
fire sprinkler system (serving more than one unit) and which will serve individual units.
Each fire lateral must have a USC approved backflow prevention device. Often, planned
developments such as this have a separate dedicated private fire main that runs through
the site serving fire sprinklers and fire hydrants, which would require only two back-flow
devices (one at each end). The engineer will need to determine which approach is best
suited for the proposed development.
2. The sewer system shall be clearly labeled as private on the plans. Since the City owns
and operates the water system up to, and including, the water meter, much of the onsite
water system will be required to be public. The amount of public water system outside of
the public right -of -way shall be minimized to the extent possible. Water meters shall be
manifolded in groups of two to six meters. As many as four 1" meters or six 3/4" meters
can be placed on each 2" water service manifold.
3. All public water and sewer facilities shall be located within easements or property deeded
to the City.
4. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first- served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is
paid. Both the Water and the Wastewater Impact Fees are charged on a per unit basis for
the residential portion of the project and based on the size of the water meter(s) serving
the non - residential portions.
5. If any well exists that has not been properly destroyed in accordance with the standards
of the County Department of Environmental Health, additional requirements will apply.
6. The owner's engineer shall submit water demand and wastewater generation calculations
so that the City can make a determination as to the adequacy of the supporting
infrastructure. If it is discovered that an offsite deficiency exists, the owner will be
required to mitigate the deficiency as a part of the overall project.
7. The project is tributary to the Tank Farm/Rockview Lift Station system, which is very
near maximum capacity and is scheduled for replacement. The City is pursuing a
regional project to construct a large sewage lift station on Tank Farm Road to replace the
existing lift stations and provide the needed capacity for build -out of the Airport,
Margarita, and Orcutt Specific Plan Areas. This sewer project is scheduled to be
complete by Spring of 2007. Currently, there is approximately 108 gpm of available
capacity in the lift station system. City crews are pursuing a minor upgrade that will
provide an additional 110 gpm of capacity. There are several developments proposed for
the area served by this lift station system. Available capacity will be assigned to a
Resolution No. 9748 (2005 Series)
Page 8
particular development at the time building permits are issued on a "first come, first
served" basis. If available capacity is gone before the regional lift station project is
complete, building permits may be delayed.
8. Each fire service lateral shall include a USC approved backflow preventer appropriate for
the proposed use. The backflow preventer shall be located as close to the public water
main as possible, in direct alignment with the backflow device. The backflow preventer
can be located no further than 25 feet from the right -of -way line without prior written
approval of the Utilities Engineer. If the fire service supports one or more fire hydrants,
the USC approved backflow preventer(s) shall also include detector capabilities (double
detector check assembly). The FDC may be located behind the backflow prevention
assembly, in accordance with manufacturer's recommendations. The location and
orientation of the FDC shall be approved by the Fire Department.
9. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
10. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that any existing sewer lateral stubbed to the property must be
abandoned at the main as part of the overall project, unless the lateral is intended for reuse
and it passes a video inspection. If any existing sewer lateral is intended for reuse, the
owner shall submit a VHS videotape documenting the internal condition of the pipe to the
Utilities Department for approval.
11. The irrigation systems for common areas, parks, detention basins, and other large
landscape areas shall be designed and constructed in accordance with the standards for
reclaimed water use. If reclaimed water is not yet available, the system shall be designed
and constructed to reclaimed water standards, and temporarily connected to the City's
potable water system in the area of the anticipated connection to the reclaimed water
system. Appropriate backflow protection shall be installed with this connection to the
satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached
at 781 -5567.
12. Existing high speed data infrastructure located within the Sacramento Drive right -of -way
shall be relocated to the edge of the right -of -way with construction of the improvements
required for Sacramento Drive, to the approval of the City's. Public Works Director.
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Resolution No. 9748 (2005 Series)
Page 9
Conditions, Covenants and Restrictions
1. The final map and project CC &R's shall include disclosure statements and notifications
regarding the potential for a grade separation to occur across the project frontage that
may impact views in the future.
2. The project CC &R's shall include disclosure and notification that the project is in an
urban area and adjacent to an industrial zone, which includes uses that may cause noise,
odors, and traffic that are not typical in rural and suburban neighborhoods.
Section 3. Affordable Housine Fund. The City Council does hereby approve allocation
of Affordable Housing Funds in an amount not to exceed $400,000, based on the following
findings.
1. Eligibility. Use of the Affordable Housing Fund will increase or improve affordable
housing inventory and promote General Plan policies regarding housing and related
community goals because the project will increase the City's affordable housing
inventory by 10 moderate - income units and promote General Plan policies, among them:
"Assist with the issuance of bonds, tax credit financing, loan underwriting, or other
financial tools to help develop or preserve affordable units through various programs,
including, but not limited to: (1) below- market financing and (2) subsidized mortgages
for very -low, low- and moderate income persons and first -time home buyers, and (3) self -
help or "sweat equity" homeowner housing." (Housing Element Program 2.3.9)
2. Need. There exists a substantial or overarching need for the type of housing to be
assisted because with a median home sales price of well over $600,000 and an
affordability index of 10% (the percentage of households in the City based on income
who can afford to purchase a median -priced home), the need for more affordable housing
in San Luis Obispo is unquestioned.
3. Suitability. The project to be assisted is appropriate for its location, both in terms of land
use and design because the site is appropriate for a higher density residential project; in
fact, the City initiated the General Plan Amendment to enable development of such a
project. Since adoption of the Housing Element, Tumbling Waters is the best examples
of "affordable -by- design." The project embodies the concept of higher density, compact
development on an infill site.
4. Timing. The project would better serve the City's needs if it were built immediately as
opposed to later because the need is urgent — affordable housing opportunities should be
taken advantage of quickly. Construction is scheduled to begin in summer, 2006. Also,
it is important to secure the BEGIN grant by the end of 2005 to ensure availability of
funding.
Resolution No. 9748 (2005 Series)
Page 10
5. Financial Effectiveness. AHF funding "leverages" significant additional funding from
other sources. The AHF funds provide significant leverage with State and private
funding sources. This financing package is a great example of the City's funding sources
in action — Proposition 46 funding and developer contribution, supplemented by the
City's AHF, filling the gap in financing and allowing provision of 10 additional
affordable housing units.
The developer is contributing one dollar for every three dollars the City dedicates to the
financing of these additional 10 units. This is a critical component of the package to
close the financing gap. Furthermore, the developer is contributing to affordable housing
in another way — by locking in the sales price about one year ago. The median sales price
in San Luis Obispo has increased approximately 25% over the last year.
6. Readiness. The project has all necessary City approvals and is ready to proceed. Upon
receiving land use approval from the Council, Tumbling Waters will have received its
discretionary land use entitlements. By including the regulatory relief measures, the
project becomes approved for BEGIN grant funds.
On motion of Council Member Settle, seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan' and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 15`h day of November 2005.
Mayor David F. Romero
ATTEST:
Audrey H#per
City Clerk
APPROVED AS TO FORM:
J6aadfan P. Lowell
City Attorney
CD C
RESOLUTION NO. 9747 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE GENERAL PLAN LAND USE ELEMENT
MAP IN CONCEPT AND CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE FOUR CREEKS RESIDENTIAL
REZONING PROJECT (GPA/ER 114 -02)
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2005, for the purpose of considering Planning Application GPA/ER 114 -02, a City initiated
General Plan map amendment to re- designate approximately 17 acres of land from Services and
Manufacturing to High Density Residential and Community Commercial; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the General Plan
amendment and Final Environmental Impact Report (EIR); and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 3, 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of
directing the scope of the environmental review for the project, reviewing revised plans and
making recommendations to staff and the applicant, and considering a final recommendation to
the City Council on the project; and
WHEREAS, the City Council has reviewed and considered the Final EIR and has
determined that the environmental document represents the independent analysis of the City and
adequately addresses the potentially significant environmental impacts of the proposed project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations of the Planning
Commission and staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Based upon all the evidence, the Council makes the following findings in
support of the General Plan Amendment:
The High Density Residential land use designation proposed for the site is consistent with
the General Plan because it will further Housing Element goals for mixed - income
housing (HE Goal 4.1), housing variety and tenure (HE Goal 5.1), and housing
production (HE Goal 6.1) by establishing a land use designation that will allow for the
creation of a new residential neighborhood of approximately 264 dwellings on an "infill"
R 9747
Resolution No. 9747 (2005 en�es)
Page 2
site that is suitable for housing because the environmental impacts of the project and
development related policies in the General Plan have been considered and are reflected
in the project's proposed design.
2. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because it will further Land Use Element Goal 31, which promotes a
compact urban form.
3. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because the project has been designed in a manner that is consistent
with City Open Space Element policies for development adjacent to creeks, wetlands and
other habitat areas. Features of the project design include significant riparian
enhancement, Best Management Practices for water quality, and on -site, in -kind
replacement for potential creek and wetland impacts. The project furthers Open Space
Element goals
4. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because the project will meet the noise exposure standards provided in
the Noise Element for interior spaces and outdoor -use areas. The required levels of noise
reduction will be achieved using construction techniques and the strategic placement of
buildings relative to open space areas, including the limited use of sound barriers.
5. The High Density Residential land use designation proposed for the site is consistent with
the General Plan because the project will mitigate all of the transportation related project
impacts as required by the Circulation Element. The project is also designed in a manner
that mitigates impacts to scenic corridors because the proposed buildings will not "wall
off' scenic roadways or block views.
6. The Community Commercial land use designation is consistent with the General Plan and
with the site location along an arterial road and a regional highway because the project is
designed to accommodate mixed -use development with neighborhood serving retail uses
and community serving office uses such as medical offices. Through the Planned
Development zoning process the City has control over allowed uses on the site to insure
consistency with the City's Mixed -Use Regulations and to insure on -going compatibility
between commercial and residential uses on the project site.
Section 2. Environmental Review. The City Council does hereby certify the Final EIR,
and adopts Findings of Mitigation, a Mitigation Measure Monitoring Program and a Statement of
Overriding Considerations for the project as outlined in Exhibit A.
Section 3. General Plan Amendment. The City Council does hereby direct staff to place
the adoption of the General Plan amendment to re- designate the project site from Services and
Manufacturing to High Density Residential and Community Commercial, as shown in Exhibit B,
on the Council's agenda of December 6, 2005, so that the amendment can be coordinated with
other possible amendments that may occur this calendar year.
Resolution No. 9747 (2005 Series)
Page 3
On motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown and Settle and Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 15`x' day of November 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
EXHIBIT A
CEQA FINDINGS
I. Introduction ............................................................................... ............................... 2
II. Project Description .................................................................... ............................... 3
A. Project Location ................................................................... ............................... 3
B. Project Objectives ................................................................ ............................... 3
C. Project Components ............................................................. ..............................3
111. The Record ............................................................................... ............................... 4
IV. Final Environmental Impact Report ........................................... ............................... 5
A. References .......................................................................... ............................... 5
B. EIR Preparers .................................................................... ............................... 10
C. Certification of the Final EIR .............................................. ............................... 10
V. Findings For Significant Environmental Effects and Mitigation Measures for the
ProposedProject ..................................................................... ............................... 11
A.
Biological Resources ......................................................... ...............................
12
B.
Transportation and Circulation ........................................... ................... .I........... 22
C.
Air Quality .......................................................................... ............................... 37
D.
Noise ................................................................................. ...............................
45
E.
Hazards and Hazardous Materials ..................................... ...............................
51
F.
Utilities ............................................................................... ...............................
54
G.
Aesthetic Resources .......................................................... ...............................
56
H.
Issues Evaluated With Insignificant Impacts ...................... ...............................
63
VI. Cumulative
and Growth Inducing Impacts ............................... ...............................
69
A.
Cumulative Impacts ........................................................... ............................... 69
B.
Growth Inducing Impacts ..................................................... .............................69
VII. Findings for Alternatives to the Proposed Project ................... ...............................
71
A.
Introduction ........................................................................ ...............................
71
B.
Description of Alternatives ................................................. ...............................
71
C.
Findings ............................................................................. ...............................
72
VIII. Statement of Overriding Considerations ................................. ............................... 75
A. Introduction ........................................................................ ............................... 75
B. Findings ............................................................................. ............................... 75
IX. Mitigation Monitoring Program ................................................ ............................... 77
r'1 •
Four Creeks Rezoning Project CEQA Findings - Exhibit A
CITY OF SAN LUIS OBISPO
COMMUNITY DEVELOPMENT DEPARTMENT
Certification of a Final Environmental Impact Report,
Findings of Mitigation, and Adoption of Mitigation Monitoring Program
For the Four Creeks Rezoning Project
I. INTRODUCTION
The City of San Luis Obispo (City) has decided to approve the Four Creeks Rezoning Project
(project). The City is the lead agency under the California Environmental Quality Act (CEQA)
and has certified an environmental impact report (EIR) for the project.
Section 15091 of the CEQA Guidelines and Section 21081 of the Public Resources Code require
a lead agency to adopt findings for each significant environmental impact disclosed in an EIR.
Specifically, for each significant impact, the lead agency must find that:
• Changes or alterations have been required in, incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency; or,
• Specific economic, social, legal, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
In addition to making a finding for each significant impact, if the lead agency approves a project
with unavoidable significant environmental effects, the lead and responsible agency are required
by CEQA to prepare a Statement of Overriding Considerations. The Statement of Overriding
Considerations is a written statement explaining why the agency is willing to accept each
significant effect (Public Resources Code Section 21081; CEQA Guidelines Section 15093).
This requires the decision -maker to balance the benefits of the project against the unavoidable
environmental risks. The statement of overriding considerations must explain the specific
overriding social, economic, legal, technical, or other beneficial project aspects, based on
substantial evidence in the record. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by facts.
1111612005 2
Four Creeks Rezoning Project CEQA Findings - Exhibit A
II. PROJECT DESCRIPTION
A. PROJECT LOCATION
The project site consists of 11 parcels, ranging in size from 0.32 to 7.32 acres totaling
approximately 17.7 acres, located southeast of the intersection of Orcutt Road and Broad Street
(State Highway 227) in the City of San Luis Obispo. Bishop Creek runs along the western border
of the site, and Alrita -Carla Creek runs along the southern border. Sydney Creek and "Escorp
Drainage" also traverse the site.
B. PROJECT OBJECTIVES
The primary objective of the proposed project is to amend the designation on the City's General
Plan Land Use Map and rezone the parcels from the C -S -S (Service - Commercial Special
Considerations) and M -PD (Manufacturing Planned Development) to R -4 -S (High Density
Residential Special Considerations) and R-4 -PD (High Density Residential Planned
Development). Existing land zoned C -S -S along Orcutt Road and Broad Street would be
rezoned to C -S -PD to allow for mixed -use development. These land use designation and zoning
changes would allow for the implementation of two development plans, Tumbling Waters and
Creekst6n, covering different portions of the proposed project site.
The proposed project was initiated in part by a request from the San Luis Obispo City Council to
rezone the parcels to allow for high - density housing. In addition to the primary objective
identified above, the proposed project incorporates several other community objectives that were
identified in meeting and discussions with various community groups. These objectives include
the creation of community facilities, providing homes at affordable prices, maximization of the
number of units while minimizing building coverage, varied architectural styles, energy
efficiency, and several others.
C. PROJECT COMPONENTS
The proposed Four Creeks Rezoning Project involves the rezoning and/or development of three
primary project components: Tumbling Waters, Creekst6n, and four separately owned parcels
located on Broad Street, collectively referred to as the Broad Street Parcels (refer to Figure III -
4).
The Tumbling Waters component would include 175 residential units on 11.63 acres. The homes
within the development would consist of two different residential product types: 152 fourplex
units (three -story units over basement garages, ranging from 773 to 1,456 square feet) and 23
duplex units (two -story units over basement garages, ranging. from 1,349 to 1,465 square- feet),
for a total of 175 homes. In addition, there would be a 2,750 square -foot multipurpose building
and fitness center, children's playground, and water gardens located within the core of the
development as well as a paved outdoor plaza that includes a school bus drop - off/pick -up.
The Creekst6n component of the proposed project would include a total of 86 residential units,
approximately 7,200 square feet of commercial floor area, and a 2,500 square foot day care
facility on approximately 5.3 acres. The portions of the Creekst6n component fronting Orcutt
1111612005 3
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Road and Broad Street are proposed mixed -use building types, which include commercial floor
area with residential lofts above.
The remaining land along Broad Street proposed for rezoning includes approximately 1.8 acres
on four separate properties. The properties are currently developed with residential uses. Under
the proposed zoning, a total of 24 two - bedroom units could be developed. As a conservative
measure, in order to account for possible density bonuses; etc., this EIR assumes a maximum
development potential of 36 two - bedroom units.
III. THE RECORD
For the purposes of CEQA and the Findings, the record of the Planning Commission relating to
the application includes:
• Documentary and oral evidence received and reviewed by the Planning Commission
during the public hearing on the project;
C The October 2005 Four Creeks Rezoning Project Final EIR;
C The City of San Luis Obispo Four Creeks Rezoning Project application and
supporting materials;
• The October 2005 Four Creeks Rezoning Project Final EIR Staff Report prepared for
the Planning Commission;
• Matters of common knowledge to the Commission which it considers, such as:
- The City of San Luis Obispo General Plan, including the elements thereof, land
use maps, etc.;
- The City of San Luis Obispo Municipal Code;
- The City of San Luis Obispo Zoning Regulations and Zoning Map; -
- The City of San Luis Obispo Community Design Guidelines;
- The California Environmental Quality Act (CEQA) and the CEQA Guidelines.
- The SLO APCD 2001 Clean Air Plan;
- Other formally adopted City, State and Federal regulations, statutes, policies, and
ordinances; and,
- City of San Luis Obispo Four Creeks Rezoning Project.
This document contains the findings and statement of overriding considerations for the approval
of the Four Creeks Rezoning Project and reflects the City's independent judgment. The
documents and other items of the administrative record are available for review at:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
Contact: Michael Codron
(805) 781 -7175
1111612005 4
,11� •
Four Creeks Rezoning Project CEQA Findings - Exhibit A
IV. FINAL ENVIRONMENTAL IMPACT REPORT
The Four Creeks Rezoning Project Final EIR was prepared in accordance with the State and City
administrative guidelines established to comply with the California Environmental Quality Act
(CEQA) of 1970, as amended. The purpose of the Final EIR was to identify the proposed
project's significant effects on the environment, to indicate the manner in which such significant
effects shall be mitigated or avoided, and to identify alternatives to the proposed project that
avoid or reduce these impacts. This Final EIR was intended to serve as an informational
document for use by the City of San Luis Obispo, other responsible agencies, the general public,
and decision makers in their consideration and evaluation of the environmental consequences
associated with the implementation of the proposed project. This document was provided to the
public and decision makers for their review and comment as required by CEQA.
The initial study and Notice of Preparation of the Draft EIR were circulated to appropriate public
agencies, organizations, and interested groups and individuals for a 30 -day comment period that
ran from July 9, 2004 through August 9, 2004. The Draft EIR was distributed to responsible and
trustee agencies, other affected agencies, surrounding cities, and interested parties, as well as all
parties requesting a copy of the Draft EIR in accordance with Public Resources Code
21092(b)(3). The Notice of Completion of the Draft EIR was also distributed as required by
CEQA. The 45 -day public review period began on May 23, 2005 and ended on July 15, 2005.
Written responses to all significant environmental issues raised were prepared and included as
part of the Final EIR and the environmental record for consideration by decision- makers for the
project.
A. REFERENCES
1. Biological Resources
Baicich, P. J., & Harrison, C. J. O. (1997). A guide to the nests, eggs, and nestlings of North
American birds (2nd ed.). San Diego: Academic Press.
Bent, A. C. (1942). Life histories of North American flycatchers, larks, swallows, and their
allies. U.S. Natl. Mus. Bull., 179, 1 -555.
CalFlora. (2004). CalFlora occurrence database. Retrieved October 12, 2004, from
http://www.calflora.org
Tibor, D. P. (Ed.). (2001). Inventory of rare and endangered plants of California (6d' ed.).
Sacramento: California Native Plant Society.
California Native Plant Society (CNPS). (2004). Blue gum eucalyptus. Retrieved October 12,
2004, from http: / /www.calflora. org /cgi- bin /species_query.cgi ?where- calrecnum =3534
California Natural Diversity Data Base (CNDDB). (2004). San Luis Obispo and Morro Bay
South, USGS 7.5- minute quadrangle overlays. Sacramento: California Department of
Fish and Game.
City of San Luis Obispo. (2004). Species of Local Concern: Insects. Retrieved October 21,
2004, from httn:// www. ci. san- luis- obisno. ca. us /naturalresources /insects.asp
11116 12005 5
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Cowardin, L. M., V. Carter,. F. C. Golet, & E. T. LaRoe. (1979). Classification of wetlands and
deepwater habitats of the United States (FWSIOBS- 79/31). Washington, D.C.: U.S. Fish
and Wildlife Service.
Edell, T. (2004, June 17). Western yellow - billed cuckoo record. Message posted to
http:// www. surfbirds .com/phorum/read.php ?f =75 &i= 1623 &t =1623
Environmental Laboratory. (1987). U.SArmy Corps of Engineers wetlands delineation manual
(Technical Report Y- 87 -1). Vicksburg: U.S. Army Engineer Waterways Experiment
Station.
Grinnell, J., & A. H. Miller. (1986). The distribution of the birds of California (Pacific Coast
Avifauna No. 27). Lee Vining: Artemisia Press.
Harrison, C. (1978). Afield guide to the nests, eggs and nestlings of North American birds.,
Cleveland: W. Collins Sons and Co.
Holland, R. F. (1986). Preliminary descriptions of the terrestrial natural communities of
California. State of California. Sacramento: State of California, The Resources Agency,
California Department of Fish and Game.
Holland, V. L., & D. J. Keil. (1995). California vegetation. Dubuque: Kendall/Hunt Publishing
Company.
Jennings, M. R., & M. P. Hayes. (1994). Amphibian and reptile species of special concern in
California. Rancho Cordova: California Department of Fish and Game.
NOAA Fisheries. (1998, October 26). Concurrence letter.
Raleigh, R. F., T. Hickman, R. C. Soloman, & P. C. Nelson. (1984). Habitat suitability
information: rainbow trout (Report USFWSIOBS- 82110.60). Washington, D.C.: U.S.
Department of the Interior.
Zeiner, D. C., W. F. Laudenslayer, Jr., K. E. Mayer, & M. White (Eds.). (1990). California's
Wildlife (Vols. 1 -3). Sacramento: California Statewide Wildlife Habitat Relationships
System, The Resources Agency, California Department of Fish and Game.
2. Transportation and Circulation
California Department of Transportation. (1996). Highway Traffic Manual.
City of San Luis Obispo Public Works Department. (2000). Traffic Impact Study Preparation
Guidelines.
City of San Luis Obispo. (1994). Circulation Element.
City of San Luis Obispo. (2004). Municipal Code.
Institute of Transportation Engineers. Trip Generation (Seventh Edition).
State of Florida Department of Transportation. (2002). 2002 Quality/Level of Service Handbook.
Transportation Research Board. (2000). 2000 Highway Capacity Manual. Special Report 209.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
3. Air Quality
Air Pollution Control District, County of San Luis Obispo. (2001). Clean Air Plan, San Luis
Obispo County.
Air Pollution Control District, County of San Luis Obispo. (2003). CEQA Air Quality
Handbook, A Guide for Assessing the Air Quality Impacts for Projects Subject to CEQA
Review.
4. Noise
City of San Luis Obispo. (1996). General Plan Noise Element. San Luis Obispo, California:
Community Development Department.
Lord, David (2001). Noise Study Report Prepared for 791 Orcutt Road. David Lord Acoustics
and Noise Consulting.
5. Hazards and Hazardous Materials
City of San Luis Obispo. (2000). General Plan Safety Element. San Luis Obispo, California:
Community Development Department.
Earth Systems Pacific (2004). Results of the Phase H Assessment Proposed Four Creeks
Development Orcutt Road at SPRR Tracks, San Luis Obispo, California.
6. Utilities
City of San Luis Obispo. (2004). General Plan Water and Wastewater Element. San Luis
Obispo, California: Community Development Department..
City of San Luis Obispo. (2004). Water Resources Status Report. San Luis Obispo, California:
Public Works Utilities Department.
City of San Luis Obispo. (2003). Tank Farm Gravity Sewer and Lift Station. San Luis Obispo,
California: Public Works Utilities Department.
City of Santa Barbara. (1989). Water Demand Factor and Conservation Study. Santa Barbara
California: Community Development Department.
Environmental Science Associates (1998) Final Woodlands. Specific Plan Environmental Impact
Report. Community of Nipomo, San Luis Obispo County California.
7. Aesthetic Resources
City of San Luis Obispo. (1994). General Plan Circulation Element. San Luis Obispo,
California: Community Development Department.
City of San Luis Obispo. (2002). General Plan Digest of the Open Space Element. San Luis
Obispo, California: Community Development Department.
City of San Luis Obispo. (2004). General Plan Land Use Element. San Luis Obispo, California:
Community Development Department.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
8. Issues Evaluated with Insignificant Impacts
a. Geology and Hydrology
Earth Systems Pacific (2004). Soils Engineering Report for Tumbling Waters, San Luis Obispo,
California.
GSI Soils Inc. (2004). Updated Geotechnical Investigation for the Creekston Development San
Luis Obispo, California.
Crowe, Keith V. (2004) Analysis of the Tumbling Waters Storm Water Detention System. EDA
Inc. San Luis Obispo, California.
Triad/Holmes Associates (2004) Drainage Report for the Creekston Mixed Use Development.
San Luis Obispo, California.
b. Cultural Resources
Angel, M. (1883). History of San Luis Obispo County. Oakland, California: Thompson & West.
Reprinted 1979 Fresno, California: Valley Publishers.
Applegate, R.B. (1975). An Index of Chumash Place Names, Papers on the Chumash: San Luis
Obispo County Archaeological Society Occasional Paper No. 9. San Luis Obispo
County, California: San Luis Obispo County Archaeological Society.
Bertrando, B. (1994, July 16). Historic Records Search for Stickler Parcels, Broad Street and
Orcutt Road, San Luis Obispo, CA. Prepared for R.O. Gibson, Project Archaeologist.
San Luis Obispo, California: Bertrando and Bertrando Research Consultants.
Best, G.M. (1981). Ships and Narrow Gauge Rails: The Story of the Pacific Coast Company. San
Diego, California: Howell - North.
Breschini, G.S., Haversat, T., & Erlandson, J. (1986). California Radiocarbon Dates (4th ed.).
Salinas, California: Coyote Press.
Brock, J. & Wall, R.J. (1986, November). A Cultural Resources Assessment of Selected Study
Areas Within the City of San Luis Obispo. Prepared for the U.S. Corps of Engineers.
Newport Beach, California: The Archaeological Advisory . Group. On file with the
Information Center at the University of California at Santa Barbara.
Gammage, G., Jones, P.N., & Jones, S. (1975). Historic Preservation in California: A Legal
Handbook. Stanford, California: Stanford Environmental Law Society.
Gibson, R.O. (1979, November). Preliminary Inventory and Assessment of Indian Cultural
Resources at Lodge Hill, Cambria, CA. Manuscript on file with San Luis Obispo County
Engineering Department, California. On file with the Information Center at the
University of California at Santa Barbara.
Gibson, R.O. (1990). The Chumash in Indian of North America. New York, New York: Chelsea
House Publishers.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Gibson, R.O. (1994, June). Results of Phase. One Archaeological Surface Survey for the Stickler
Project, Broad Street and Orcutt Road, San Luis Obispo, California. Prepared for Strong
Planning Services, San Luis Obispo, California. On file with Information Center at the
University of California at Santa Barbara.
Gibson, R.O. (1998, April 29). Results of Phase One Archaeological Surface Survey for the
Beko Project, Orcutt Road, San Luis Obispo, CA. Prepared for Norman Beko, Santa
Maria, CA. On file with Information Center at the University of California at Santa
Barbara.
Greenwood, R.S. (1972). 9,000 Years of Prehistory at Diablo Canyon, San Luis Obispo
County, California: San Luis Obispo County Archaeological Society Occasional Paper
No. 7. San Luis Obispo County, California: San Luis Obispo County Archaeological
Society.
Greewood, R.S. (1978). Handbook of North American Indians (Vol. 8). Washington, D.C.:
Smithsonian Institution.
Johnson, C.H. (1981). The Pacific Coast Railway Comes to Arroyo Grande: A Centennial
History. Arroyo Grande, California: Bennett- Loomis Archives and South County
Historical Society.
Johnson, C.H. (1982). The Pacific Coast Railway: Southbound to Los Alamos: A Centennial
History. Arroyo Grande, California: Arroyo Grande Press.
Heizer, R.F. (Ed.). (1978). Handbook of North American Indians (Vol. 8). Washington D.C.:
Smithsonian Institution.
Mar, K. (1977). An Addendum to Applegate's "Chumash Place Names" Occasional Paper No. 9:
San Luis Obispo County Archaeological Society Occasional Paper No. 11. San Luis
Obispo County, California: San Luis Obispo County Archaeological Society.
Kroeber, A. L. (1953). Handbook of the Indians of California. Berkeley, California-. California
Book Co., Ltd.
Nicholson, L. (1980). Rails Across the Ranchos. Fresno, California: Valley Publishers.
Ochs, P.M. (1970). History of Chinese Labor In San Luis Obispo County (La Vista Vol. 2, No.
1). San Luis Obispo, California: San Luis Obispo County Historical Society.
Parsons, J.A. & Gibson, R.O. (1992, May 21). Results of Phase 2 Archaeological Investigations
for the Unocal - Sisquoc Pipeline, Northern Santa Barbara County, CA. Prepared for
Unocal Pipeline Company, Los Angeles, California. On file with the Information Center
at the University of California at Santa Barbara.
Thompson, G.D. (1982). Memories of the PC: Pacific Coast Railway, A Guide to Locations.
Santa Maria, California: Santa Maria Valley Historical Society.
C. Recreation
City of San Luis Obispo. (2001). General Plan Parks and Recreation Element and Master Plan.
San Luis Obispo, California: Community Development Department.
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U.S. Census Bureau. (2000). American Factfinder (various datasets). Retrieved October 2004,
from http: / /www. census .gov /main/www /cen2000.html
B. EIR PREPARERS
This EIR has been prepared by the Morro Group, Inc., in association with the City of San Luis
Obispo other independent consultants. Project Director for the EIR was Bill Henry, AICP, Vice
President, Morro Group, Inc. The following is a list of individuals responsible for preparation of
the EIR.
Responsibilities
EIR Preparer
Introduction; Summary; Project Description;
Sarah Spann, Project Manager
Environmental Setting; Recreation; Other Issues;
Morro Group, Inc.
Alternatives Analysis; Environmental Analysis;
Mitigation Monitoring and Reporting Program
Biological Resources
Geoff Hoetker, Associate Biologist
Morro Group, Inc.
Air Quality; Noise; Hazards and Hazardous Materials;
Karl Mikel, EIT
Utilities; Geology and Hydrology
Morro Group, Inc.
Transportation and Circulation
Sohrab Rashid, P.E., Senior Associate
Norman Wong, Senior Transportation Engineer
Fehr & Peers Transportation Consultants
Aesthetic Resources
Bob Carr
Visual Resources Consultant
Cultural Resources
Robert 0. Gibson, Principal Archaeologist
Gibson's Archaeological Consulting
Hazards and Hazardous Materials (Phase II
Timothy Conroy, Senior Geologist
Environmental Site Assessment)
Earth Systems Pacific
C. CERTIFICATION OF THE FINAL EIR
The City of San Luis Obispo Planning Commission makes the following findings with respect to
the October 2005 Four Creeks Rezoning Project Final EIR (SCH #2004071043):
The Planning Commission has reviewed and considered the information contained in the
October 2005 Four Creeks Rezoning Project Final EIR, the public comments and responses
previously submitted, the public comments and information presented at the public hearings,
and the documents and other information in the record listed in Section III above, before
taking an action on the project. The October 2005 Four Creeks Rezoning Project Final EIR
has been completed in compliance with the California Environmental Quality Act.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
2. The Planning Commission hereby finds and determines that implementation of the Four
Creeks Rezoning Project may have a significant adverse effect on the environment.
3. The Planning Commission finds that changes or alterations have been incorporated into the
project to mitigate or avoid significant impacts to the greatest degree practicable. These
changes or alterations include mitigation measures and project modifications outlined herein
and set forth in more detail in the October 2005 Four Creeks Rezoning Project Final EIR.
4. The Planning Commission finds that the project as approved includes an appropriate
Mitigation Monitoring Program. This mitigation monitoring program ensures that measures
that avoid or lessen the significant project impacts, as required by the CEQA Guidelines, will
be implemented as described.
5. The Planning Commission finds that, should the final design of the Four Creeks Rezoning
Project have the potential to result in adverse environmental impacts that are not anticipated
or addressed by the October 2005 Four Creeks Rezoning Project Final EIR, subsequent
environmental review shall be required in accordance with CEQA Guidelines Section
15162(a).
V. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND
MITIGATION MEASURES FOR THE PROPOSED PROJECT
This section presents the project's significant environmental impacts and feasible mitigation
measures. Section 15091 of the CEQA Guidelines and Section 21081 of the Public Resources
Code require a lead agency to make findings for each significant environmental impact disclosed
in an EIR. Specifically, for each significant impact, the lead agency must find that:
• Changes or alterations have been required in, incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency; or,
• Specific economic, social, legal, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
Each of these findings must be supported by substantial evidence in the administrative record.
This section identifies the following environmental impacts associated with implementation of
the proposed project, as identified in the program EIR:
• Impacts that can be fully avoided or-reduced to a less - than- significant level through
the incorporation of feasible mitigation measures into the project; and
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Four Creelu Rezoning Project CEQA Findings - Exhibit A
Impacts that can be reduced, but not to a less- than- significant level, through the
incorporation of feasible mitigation measures into the project, and which therefore,
remain significant and unavoidable.
The impacts identified in this section are considered in the same sequence in which they appear
in the Final EIR. Where adoption of feasible mitigation measures is not effective in avoiding an
impact or reducing it to a less - than- significant level, the feasibility of adopting alternatives to the
proposed project is considered in Section VI of this document.
A. BIOLOGICAL RESOURCES
Impact
BIO Impact 1 Construction and operation of the project has potential to indirectly impact
aquatic habitats located within the site and downstream from the site.
Mitigation Measures
BIO /mm -1 Prior to construction, the applicant shall prepare a Storm Water Pollution
Prevention Plan ( SWPPP), which shall include detailed sediment and erosion
control plans submitted to the City of San Luis Obispo for approval. The
SWPPP shall specifically address protection of drainages, and riparian and
wetland resources on and adjacent to the project site. Compliance shall be
verified by the project environmental monitor through submission of
compliance reports.
13I0/mm -2 To avoid erosion and downstream sedimentation, and to avoid impacts to
aquatic species, no work in drainages shall occur during the rainy season
(November 1 through April 30).
BIO /mm -3 Equipment access and construction shall be conducted from the banks rather
than from within drainages. No equipment shall be staged and no temporary
placement of fill shall occur in drainages.
BIO /mm -4 Soil stockpiles shall not be placed in areas that have potential to experience
significant runoff during the rainy season. All project - related spills of
hazardous materials within or adjacent to project sites shall be. cleaned up
immediately. Spill prevention and cleanup materials shall be on -site at all
times during construction. Cleaning and refueling of equipment and vehicles
shall occur only within designated staging areas. The staging areas shall
conform to standard BMPs applicable to attaining zero discharge of
stormwater runoff. No maintenance, cleaning or fueling of equipment shall
occur within wetland or riparian areas, or within 50 feet of such areas. At a
minimum, all equipment and vehicles shall be checked and maintained on a
daily basis to ensure proper operation and to avoid potential leaks or spills.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
BIO /mm -5 During construction and operation, permanent installation of filtration devices
designed to remove oil, grease, and other potential pollutants from stormwater
runoff shall be required for all project storm water runoff directed to drainages
traversing the project site.
BIO /mm -6 If surfactants or herbicides are used at any time on the project site, application
of surfactants or herbicide shall not occur within 20 feet of drainages /riparian
area, in compliance with the City's riparian setback requirements.
Findings:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact I is reduced to a less than
significant level.
Impact
BIO Impact 2 Riparian habitat would be permanently removed or impacted by project
implementation, resulting in significant adverse impacts to riparian resources.
Mitigation Measures
BIO /mm -7 At the time of application of grading permits, all riparian areas and 20 -foot
setback boundaries shall be shown on all construction plans. The riparian
areas and 20 -foot setback boundaries shown on grading plans shall be based
on the field data collected as part of the EIR analysis, as presented in Figure
13I0-2. All riparian vegetation planned for removal shall be specified on
construction plans. Except for activities requiring removal of riparian trees
and associated understory vegetation that are specified on construction plans,
all ground disturbances and vegetation removal shall be prohibited within the
20 -foot setback from the outer edge of the riparian canopy of any drainage
onsite.
BIO /mm -8 In order to protect existing native trees (i.e. California black walnut, western
sycamore, Fremont cottonwood, coast live oak, arroyo willow, red willow,
blue elderberry, California bay), native riparian understory vegetation (i.e.
California blackberry, mugwort, stinging nettle), and minimize adverse effects
of grading and construction onsite, the applicant shall implement a Riparian
Habitat Revegetation and Restoration Plan in consultation with the CDFG and
the City Natural Resources Manager. A qualified restoration biologist and/or
horticulturalist, approved by the City of San Luis Obispo, shall be retained by
the applicant to prepare the Riparian Habitat Revegetation and Restoration
Plan, complete with success criteria goals and a five -year monitoring
schedule. The qualified biologist shall supervise site preparation, tuning,
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
species utilized, planting installation, maintenance, monitoring, and reporting
of the revegetation/restoration efforts.
If impacts to riparian trees or riparian understory vegetation cannot be
avoided, the impacts shall be minimized to the extent practicable. No ground
disturbance including grading for buildings, access roads, easements,
subsurface grading, sewage disposal, and well placement shall occur within
the critical root zone of any native tree unless specifically authorized by the
Revegetation and Restoration Plan. The Revegetation and Restoration plan
shall include the following:
a. An exhibit (i.e. map) showing the location, identification, diameter, and
critical root zone of all native trees located onsite.
b. Fencing of all trees to be protected at or outside of the critical root zone or
at the 20 -foot setback boundary, whichever is greater. Fencing shall be at
least three feet in height of material acceptable to the City of San Luis
Obispo and shall be staked every six feet. The applicant shall place signs
stating "tree protection area" at 15 -foot intervals on the fence. The
fencing and signs shall be shown on the tree protection exhibit, shall be
installed prior to grading permit approval, and shall remain in place
throughout all grading and construction activities.
c. Identification of any areas where landscaping, grading, trenching, or
construction activities would encroach within the critical root zone of any
native or specimen tree. All encroachment is subject to review and
approval by the City of San Luis Obispo.
d. Location of construction equipment staging and storage areas shown on
the tree protection exhibit. All construction equipment staging and storage
areas shall be located outside of the 20 -foot riparian setback and other
sensitive habitat areas, and shall be depicted on project plans submitted for
land use clearance. No construction equipment shall be parked, stored, or
operated within the protected area. No fill soil, rocks, or construction
materials shall be stored or placed within the protected area.
e. Identification of all proposed utility corridors and irrigation lines shown
on the tree protection exhibit. New utilities shall be located within
roadways, driveways, or a designated utility corridor such that impacts to
trees are minimized.
f Any proposed tree wells or retaining walls shown on the tree protection
plan exhibit, as well as grading and construction plans, and located outside
of the critical root zone of all protected trees unless specifically
authorized.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
g. Any encroachment within the critical root zone of native trees adhering to
the following standards-
i. Any paving shall be of pervious material (e.g. gravel, brick without
mortar).
ii. Any trenching required within the critical root zone of a protected tree
shall be done by hand.
iii. Any roots one inch in diameter or greater encountered during grading
or trenching shall be cleanly cut and sealed.
h. All trees located within 20 feet of buildings protected from stucco and/or
paint during construction.
i. No permanent irrigation within the critical root zone of any native tree.
Drainage plans shall be designed so that tree trunk areas are properly
drained to avoid ponding.
j. Remove only trees designated for removal on the approved tree protection
plan.
k. Replace in -kind any native trees that are removed, relocated, and/or
damaged on a 3:1 ratio with either one - gallon sized saplings grown from
seed obtained from drainages traversing the project site or commercially
available one - gallon plantings. When necessary to remove a tree and
feasible to replant, trees shall be boxed and replanted. In addition, replace
in -kind any native riparian understory vegetation (e.g. California
blackberry) that is removed, relocated, and/or damaged basis with either
one - gallon sized plantings grown from seed obtained from drainages
traversing the project site or commercially available one - gallon plantings.
Acreage of riparian understory vegetation removed will be quantified and
replaced on a ratio of 3:1. The plantings shall be protected from predation
by wild and domestic animals, and from human interference by the use of
staked, chain link fencing and gopher fencing during the maintenance
period.
BIO /mm -9 Prior to issuance of grading permit, the applicant shall obtain all necessary
permits, approvals, and authorizations from jurisdictional agencies. These
may include, but may not be limited to: (1) ACOE Section 404 Nationwide
Permit or Individual Permit for impacts to ACOE jurisdictional wetlands or
other waters; (2) RWQCB Section 401 Water Quality Certification for
discharges "Waters of the U.S." and/or "Waters of the State "; and (3) CDFG
Section 1602 Streambed Alteration Agreement for activities within the tops of
banks or outer edges of riparian canopies (whichever extends furthest from the
streambeds) of drainages.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
BIO /mm -10 Prior to construction, the applicant shall provide funding for a qualified, City-
approved environmental monitor for the construction phase of the project to
ensure compliance with EIR mitigation measures, the Revegetation and
Restoration Plan, any applicable permit conditions, and any conditions
required by the City of San Luis Obispo. The environmental monitor shall be
under contract to the City. The monitor shall be responsible for (1) ensuring
that procedures for verifying compliance with environmental mitigations are
followed; (2) lines of communication and reporting methods; (3) daily and
weekly reporting of compliance; (4) construction crew training regarding
environmentally sensitive areas; (5) authority to stop work; and (6) action to
be taken in the event of non - compliance. Monitoring shall be at a frequency
and duration determined by the affected natural resource agencies (e.g.,
ACOE, RWQCB, CDFG, and the City of San Luis Obispo).
BIO /mm -11 If onsite mitigation to permanent loss of riparian habitat is not feasible, an
offsite riparian mitigation component shall be incorporated into the
Revegetation and Restoration Plan, subject to review and approval by
jurisdictional agencies. Plans for off -site mitigation shall include a
monitoring schedule and success criteria to ensure that onsite and any offsite
restoration/enhancement efforts are successful.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 2 is reduced to a less than
significant level.
Impact
BIO Impact 3 Wetlands would be permanently removed or impacted by project
implementation, resulting in significant adverse impacts to wetland resources.
Mitigation Measures
BIO /mm -12 If impacts to wetlands cannot be avoided, the impacts shall be minimized to
the extent practicable. All wetland vegetation planned for removal shall be
specified on construction plans. Except for activities requiring removal of
wetland vegetation that are specified on construction plans, all ground
disturbances and vegetation removal shall be prohibited within a 20 -foot
setback from the outer edge of the riparian canopy of any drainage onsite. All
riparian areas and 20 -foot setback boundaries shall be shown on all grading
plans.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
BIO /mm -13 The applicant shall incorporate a wetland mitigation component, into the
Revegetation and Restoration Plan outlined in BIO /mm -2, which shall include
the following:
a. An exhibit (i.e. map) showing the location, of all wetland vegetation
located onsite.
b. If impacts to wetlands are proposed, the method of wetland vegetation
removal shall be determined by the ACOE Nationwide Permit, or by the
landscape contractor if no guidance is provided by ACOE. If feasible,
wetland vegetation removed shall be salvaged as plugs or plantings for
revegetation/restoration.
c. If permanent impacts to wetlands are proposed, the Plan shall include a
requirement to replace in -kind any wetland vegetation removed, relocated,
and/or damaged on a 3:1 basis with plugs or plantings obtained from
drainages traversing the project site, or commercially available plugs or
plantings. Temporary impacts shall be mitigated onsite on a 1:1 basis.
BIO /mm -14 If on -site mitigation for permanent loss of wetlands is not feasible, an off -site
wetland mitigation component shall be incorporated into the Revegetation and
Restoration Plan, subject to review and approval by jurisdictional agencies.
Plans for off -site mitigation shall include a monitoring schedule and success
criteria to ensure that onsite and any offsite restoration/enhancement efforts
are successful.
Finding:
Mitigation Has Been Incorporated into the Project. The City fmds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 3 is reduced to a less than
significant level.
Impact
BIO Impact 4 Ruderal vegetation /disturbed annual grassland habitat would be permanently
removed or impacted by project implementation, resulting in significant,
adverse impacts to sensitive plant species.
Mitigation Measures
BIO /mm -15 Prior to ground disturbance, botanical surveys shall be conducted to determine
presence or absence of Obispo Indian paintbrush, Jones's layia, or adobe
sanicle in annual grasslands within the project site. A minimum of three
botanical surveys shall be scheduled to occur throughout the February to May
11116 12005 17
Four Creeks Rezoning Project CEQA Findings - Exhibit A
blooming (identification) period, according to the following table, prior to
scheduled site disturbance.
Sensitive Plant Species
Blooming /Identification
Period
Obispo Indian Paint Brush
ril
Jones la is
March - May
Adobe sanicle
February - May
If sensitive plant species are identified within the project site the applicant
shall implement a Sensitive Plant Species Revegetation and Restoration Plan
in consultation with CDFG and the City Natural Resources Manager. A
qualified biologist and/or botanist, approved by the City of San Luis Obispo
shall be retained by the applicant to prepare the Sensitive Plant Species
Revegetation and Restoration Plan, complete with success criteria goals and a
five -year monitoring schedule. The qualified biologist shall supervise site
preparation, timing, species utilized, planting installation, maintenance,
monitoring, and reporting of the revegetation/restoration efforts. The
following measures shall be incorporated into the Sensitive Plant Species
Revegetation and Restoration Plan.
a. In areas not permanently displaced by new development, ruderal
vegetation /disturbed annual grassland shall be revegetated and restored
using topsoil salvage, restoring disturbed areas to original contours, and
hydroseeding impacted areas with a seed mix characteristic of the
grasslands onsite. Appropriate species for erosion control and eventual
native shrub and herb cover shall be utilized. Because native grassland
species are likely to be out - competed by non - native species, a ground
cover mix is recommended for impacted ruderal vegetation/annual
grassland areas. Topsoil salvage methods and seed mixes shall be
specified in the Sensitive Plant Species Revegetation and Restoration Plan.
Hydroseeded areas shall be monitored by a qualified restoration biologist
and/or horticulturalist for viability and overall success, with additional
recommendations as necessary.
b. If Obispo Indian paintbrush, Jones's layia, or adobe sanicle are identified
on the proposed project site, the locations of these populations shall be
clearly included on an exhibit (i.e. map). These populations shall be
flagged by a qualified biologist and protected with temporary fencing prior
to construction. These areas to be protected shall be shown on all
applicable construction plans. The protection devices shall be installed by
the applicant and verified by the Environmental Monitor prior to any
grubbing or vegetation removal. Sensitive plant species protective
measures shall remain in place throughout the grading and construction
phases.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
c. If avoidance of Obispo Indian paintbrush, Jones's layia, or adobe sanicle
in ruderal vegetation /disturbed annual grassland habitat is not feasible, the
applicant shall specify an onsite mitigation strategy in the Sensitive Plant
Species Revegetation and Restoration Plan shall specify an onsite
mitigation strategy that identifies the following:
i. Suitable onsite mitigation locations based on soil type, hydrologic
conditions, and proximity to existing sensitive species populations;
ii. Seed collection requirements and protocol;
iii. Soil seed bank conservation. strategies;
iv. Mitigation site preparation techniques;
v. Seeding regimen;
vi. Mitigation site maintenance schedule, including weed abatement
strategies, erosion control monitoring, etc.; and,
vii. Monitoring requirements.
BIO /mm -16 If onsite mitigation to permanent loss of sensitive plant populations in annual
grassland habitat is not feasible, an offsite sensitive plant mitigation
component shall be incorporated into the Sensitive Plant Species Revegetation
and Restoration Plan, subject to review and approval by CI FG and the City
Natural Resources Manager. The Sensitive Plant Species Revegetation and
Restoration Plan shall identify an offsite area that can be restored with the
identified sensitive plant species. Such a site must have the following
components.
a. The offsite area is owned or controlled by a non - profit or governmental
agency;
b. It is shown that the intent for the area will be to protect it in perpetuity
with the primary goal to reestablish and maintain native habitat;
c. There is comparable area available for sensitive plant species restoration;
d. It is within close proximity of the subject property;
e. The offsite mitigation area is clearly shown to have all the necessary
requirements for successful reestablishment of the plant/habitat (that will
be better than or equal to the sensitive plant habitat being eliminated)
without the need for any long -term artificial maintenance;
In addition, the Sensitive Plant Species Revegetation and Restoration Plan
shall specify an offsite mitigation strategy that identifies the following:
f. If feasible, the sensitive plant species located onsite and/or their seed shall
be used for the offsite mitigation area, as determined appropriate by the
biologist/botanist;
g. Seed collection requirements and protocol;
h. Soil seed bank conservation strategies;
i. Mitigation site preparation techniques;
j. Seeding regimen;
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
k. Mitigation site maintenance schedule, including weed abatement
strategies, erosion control monitoring, etc.;
1. Submittal of a cost estimate by a qualified individual for: property
acquisition, site evaluation reporting; all restoration work, and
monitoring/maintenance /remedial work for at least 5 years;
m. Establishment of a bond for the cost estimate to be held by the City until
the 5 year time period is up or until sensitive plant species restoration is
determined to be successful by City Natural Resources Manager,
whichever is greater;
n. If offsite mitigation area fails, bond shall be applied to establishing a
second area.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 4 is reduced to a less than
significant level.
Impact
BIO Impact 5 Construction of the project has potential to impact sensitive plant species
including Obispo Indian paintbrush, Jones's layia, and adobe sanicle.
Mitigation Measures
Implement BIO /mm -15 and BIO /mm -16, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 5 is reduced to a less than
significant level.
Impact
BIO Impact 6 Construction of the project has potential to impact monarch butterfly winter
roosting habitat.
Mitigation Measures
13I0/mm -17 Prior to construction, if construction activities are scheduled to occur between
November I and March 1, a qualified biologist shall conduct surveys for
overwintering monarch butterflies. Overwintering monarch butterfly surveys
shall consist of a preconstruction survey prior to eucalyptus tree removal, with
1111612005 20
C1
Four Creeks Rezoning Project CEQA Findings - Exhibit A
weekly surveys continuing thereafter until March 31. If no roosts are
observed within the project site, then no further mitigation is required. If
active roosts are observed, then tree removal activities shall be delayed and an
appropriate setback for other construction- related activities shall be
maintained until monarch butterflies have migrated from the site. Tree
removal shall be monitored and documented by the biological monitor
regardless of time of year.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 6 is reduced to a less than
significant level.
Impact
BIO Impact 7 Construction of the project has potential to impact nesting birds.
Mitigation Measures
BIO /mm -18 Prior to construction, if construction activities are scheduled to occur during
the typical bird nesting season (from March 1 to August 31) a qualified
biologist shall be retained to conduct a preconstruction survey (approximately
1 week prior to construction) to determine presence /absence for tree- nesting
birds within riparian corridors and ground- nesting birds within annual
grasslands onsite. If no nesting activities are detected within the proposed
work area, noise - producing construction activities may proceed and no further
mitigation is required. If nesting activity is confirmed during preconstruction
nesting surveys or at any time during the monitoring of construction activities,
work activities shall be delayed within 100 feet of active nests until the young
birds have fledged and left the nest. In addition, the results of the surveys will
be passed immediately to the CDFG and the City Natural Resources Manager,
possibly with recommendations for buffer zone changes, as needed, around
individual nests. Tree removal in riparian zones shall be monitored and
documented by the biological monitor regardless of time of year.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 7 is reduced to a less than
significant level.
1111612005 21
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
BIO Impact 8 The cumulative losses of riparian habitat, wetlands, and annual grassland
habitat resulting from the proposed project in conjunction with the cumulative
development scenario would result in impacts to biological resources.
Mitigation Measures
Implement BIO /mm -1 through BIO /mm -18, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, BIO Impact 8 is reduced to a less than
significant level.
B. TRANSPORTATION AND CIRCULATION
Impact
TR Impact 1 The proposed project would cause the intersection of Broad Street and South
Street to degrade from LOS D under Baseline Conditions to LOS E under
Baseline Plus Project Conditions.
Mitigation Measures
TR/mm -I Prior to issuance of building permits, the applicants shall design, subject to
approval of the Public Works Director, the following improvement:
Convert one northbound through lane into a second left -turn lane at the
intersection of Broad Street and South Street. The left -turn phasing for
the northbound and southbound approaches shall be modified to
accommodate lead -lag left -turn phasing.
Prior to issuance of occupancy permits, the applicants shall either; 1) complete
the improvements identified within this mitigation measure subject to review,
inspection and permit issuance by the City and Caltrans, or 2) deposit a
mitigation fee in an amount equal to the estimated construction costs of the
improvements identified within this mitigation measure and request that the
City become the lead entity in processing a Caltrans Encroachment Permit for
the required work.
Prior to occupancy, the applicants will each enter into a reimbursement
agreement for costs associated with the design, permitting, inspections, and
construction of the required improvements that are beyond the scope of each
development project. Final cost estimates will be subject to prior approval of
1111612005 22
Four Creels Rezoning Project CEQA Findings - Exhibit A
the Director of Public Works. The amount of reimbursement between the
applicants will be determined by taking into consideration the project's
percentile contribution to overall traffic volumes at this intersection, based on
PM peak hour trip estimates.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 1 is reduced to a less than
significant level.
Impact
TR Impact 2 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Broad Street and Capitolio Way. The westbound
approach is projected to operate at LOS F under both Baseline and Baseline
Plus Project Conditions and the volumes exceed the minimum thresholds for
the peak -hour signal warrant.
Mitigation Measures
TR/mm -2 If, prior to issuance of occupancy permits, improvements at the intersection of
Capitolio/Broad Street have not been completed by adjacent development, the
project applicants shall design and install improvements to the Capitolio
Road/Broad Street intersection. These improvements shall include the
widening of westbound Capitolio, including curb and gutter installation and
street paving and the striping of a dedicated left turn lane and separate right-
turn lane for access onto Broad Street. The applicants will each enter into a
reimbursement agreement for a portion of the improvement costs at the time
that the improvements are actually installed. The reimbursement amounts for
each applicant will be based on the project's percentile contribution to overall
traffic volumes at this intersection, based on PM peak hour trip estimates.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 2 is reduced to a less than
significant level.
Impact
TR Impact 3 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Laurel Lane and Orcutt Road. The southbound
left -turn movement/approach is projected to operate at LOS F under both
1111612005 23
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Baseline and Baseline Plus Project Conditions. The peak -hour volume warrant
is satisfied under Baseline Plus Project Conditions. The proposed project
would increase traffic at this intersection, which has a high collision rate and
is ranked as the most dangerous intersection for collisions out of those
intersections consisting of two arterial streets.
Mitigation Measure
Mitigation Measure TR/mm -3 has been deleted based on the following finding.
Finding:
As discussed in the Final EIR, a stop sign for westbound Orcutt Road was recently installed to
address safety concerns at the intersection. According to the City's Public Works Department,
the interim improvements are sufficient to mitigate safety impacts until the ultimate
improvements are installed. These ultimate improvements are currently identified in the City's
CIP program, and the City has recently received grant funds to augment existing project funding,
which will allow for construction of the project.
The City will take the lead on installing the following improvements to the Orcutt/Laurel
intersection and will complete the improvements at the earliest opportunity:
• Install a traffic signal with a 70- second cycle length and including a southbound right
turn overlap phase (southbound vehicles turn right when eastbound vehicles turn left) to
provide acceptable (LOS A) operations.
Because interim improvements have been installed at the intersection and the existing CIP
project for the signal is funded, TR Impact 3 is considered less than significant.
Impact
TR Impact 5 The proposed project would exacerbate unacceptable operations for the
roadway segment of Orcutt Road, between Broad Street and Laurel Lane.
Mitigation Measures
TR/mm -4 Prior to issuance of occupancy permits, the project applicants shall install,
subject to approval of the Public Works Director, the following
improvements:
• Provide an additional through lane in each direction along Orcutt Road,
between Broad Street and the Union Pacific Railroad right -of -way. The
alignment of Orcutt Road, with the widening, would shift southwards near
Duncan Road/Sacramento Drive and transition northwards before the
railroad tracks. This alignment was set by City Council in 1994 (see
1111612005 24
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Ordinance No. 1269). The widening of Orcutt Road shall incorporate state
and city design standards.
Provide bicycle lanes and sidewalks in both directions and left -turn
pockets in both directions at McMillian Avenue and Duncan
Road/Sacramento Drive with the widening of Orcutt Road.
In addition, prior to issuance of occupancy permits, the applicants shall either;
1) complete the following improvements subject to review, inspection and
permit issuance by the City, the California Public Utilities Commission
(CPUC), and Union Pacific Railroad, or 2) subject to approval of the Director
of Public Works, deposit a mitigation fee in an amount equal to the estimated
construction costs of said project and request that the City become the lead
entity in processing a CPUC Encroachment Permit for said work.
• Provide an additional through lane in each direction along Orcutt Road,
between Union Pacific Railroad right -of -way and Laurel Lane.
• Provide bicycle lanes and sidewalks in both directions and left -turn
pockets in both directions at Laurel Lane with the widening of Orcutt
Road.
Prior to occupancy, the applicants will each enter into .a reimbursement
agreement for costs associated with the design, permitting, inspections, and
construction of the required improvements that are beyond the scope of each
development project. Final cost estimates will be subject to prior approval of
the Director of Public Works. The amount of reimbursement between the
applicants will be determined by taking into consideration the project's
percentile contribution to overall traffic volumes along this roadway, based on
PM peak hour trip estimates.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 5 is reduced to a less than
significant level.
Impact
TR Impact 6 The proposed project would generate new pedestrian trips where sidewalks or
pathways are not currently provided or proposed..
Mitigation Measures
TR/mm -5 Implement TR/mm -4
1111612005 25
`� '!
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into. the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. The proposed pathway will be provided
as part of the build -out of Orcutt Road to its ultimate design between Broad and Laurel. The
Creekston plans have been revised to provide the pathway connection- from across the
commercial parking lot along Orcutt Road. With the proposed mitigation measures incorporated
into the project as conditions of approval, TR Impact 6 is reduced to a less than significant level.
Impact
TR Impact 7 Development of the proposed project, including the proposed Class I bike path
within the Sacramento Drive extension easement, would increase bicycle lane
usage on Orcutt Road.
Mitigation Measure
TR/mm -6 Prior to issuance of building permits, the applicants shall revise site plans
shall to include striped, Class II bicycle lanes along eastbound and westbound
Orcutt Road. These Class II bicycle lanes shall, provide a connection to the
Railroad Recreational Trail.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 7 is reduced to a less than
significant level.
Impact
TR Impact 8 The proposed Class I (bike path) facility on the Sacramento Drive is
inconsistent with the City Bicycle Transportation Plan, and would result in
bicycle safety impacts.
Mitigation Measures
TR/mm -7 Prior to issuance of building permits, the applicants shall revise site plans to
include increasing the proposed width (24 feet) of the Sacramento Drive
extension to provide five -foot Class II bike lanes on both sides.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
1111612005 26
Four Creeks Rezoning Project CEQA Findings - Exhibit A
incorporated into the project as conditions of approval, TR Impact 8 is reduced to a less than
significant level.
Impact
TR Impact 9 The proposed project would not accommodate for increased transit trips at bus
stops in the immediate vicinity of the project site.
Mitigation Measure
TR/mm -8 Prior to issuance of building permits, the project applicants shall revise site
plans to show the provision a bus stop along the project's frontage on Orcutt
Road at McMillian Avenue. Prior to issuance of building permits, the
applicant shall coordinate with San Luis Obispo Transit and provide all
funding for the installation of transit signs, schedule, and a bench at the new
bus stop location. All transit improvements shall be installed prior to
occupancy clearance.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 9 is reduced to a less than
significant level.
Impact
TR Impact 10 The proposed southbound left -turn access on Broad Street to the Creekst6n
driveway would create a new conflict point on Broad Street in the close
proximity to two existing southbound left -turn movements, resulting in
potentially significant impacts.
Mitigation Measure
TR/mm -9 Prior to issuance of building permits, the Creekst6n applicant shall modify site
plans to show removal of the proposed median modification that would allow
southbound left -turn access on Broad Street to the Creekstbn driveway.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 10 is reduced to a less than
significant level.
1111612005 27
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 11 Site access at the Broad Street parcels may result in delays on Broad Street.
The Broad Street parcels are located opposite and north of Rockview Place.
Any future driveways that are not aligned with Rockview Place would result
in offset intersections and may cause additional congestion.
Mitigation Measure
TR/mm -10 Prior to issuance of building permits for any proposed future development on
the Broad Street Parcels, project plans shall show a driveway at the southern
boundary of the project site aligning directly with Rockview Place. The site
access for the Broad Street parcels shall be reviewed and approved by the City
Public Works Department.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 11 is reduced to a less than
significant level.
Impact
TR Impact 12 The proposed project would cause delays on Orcutt Road at the project
driveways without the addition of left -turn pockets. Westbound vehicles on
Orcutt Road may queue back from the Sacramento Drive extension towards
the railroad crossing.
Mitigation Measure
Implement TR/mm -4, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 12 is reduced to a less than
significant level.
Impact
TR Impact 13 Northbound Sacramento Drive vehicles may queue back and potentially block
access to the Tumbling Waters development, resulting in potentially
significant traffic safety impacts.
1111612005 28
C
O
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation Measure
TR/mm -11 Prior to occupancy clearance, the Tumbling Waters applicant shall stripe a
"Keep Clear" legend within Sacramento Drive at the northernmost Tumbling
Waters driveway.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 13 is reduced to a less than
significant level.
Impact
TR Impact 14 The southernmost Tumbling Waters driveway on Sacramento Drive is located
in between two curves. Vehicles traveling around the curved alignment on
Sacramento Drive may not anticipate inbound or outbound Tumbling Waters
vehicles.
Mitigation Measure
TR/mm -12 Prior to issuance of building permits, the Tumbling Waters applicant shall
revise all site plans to show either of the following requirements:
a. The southernmost driveway shall be restricted to emergency vehicle and
pedestrianibicycle access to minimize vehicular conflicts on the curved
alignment of Sacramento Drive. Should this driveway be restricted to
emergency vehicles only, the east -west aisle located immediately north
can be extended to Sacramento Drive and a new driveway could be
installed. This driveway would be located at the northern end of
Sacramento Drive where the roadway includes a straighter alignment,
which would provide improved sight distance for drivers of exiting
vehicles; or,
b. The southernmost driveway shall be restricted to right -tums in and out to
minimize vehicular conflicts on the curved alignment of Sacramento
Drive.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 14 is reduced to a less than
significant level.
1111612005 29
C O
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 15 Vehicle circulation for the eastern portion of the Tumbling Waters
development would be temporarily restricted due to the proposed uses of the
main north -south circulation aisle (school bus pick -up /drop -off and closure for
community events).
Mitigation Measure
TR/mm -13 Prior to issuance of building permits, the Tumbling Waters applicant shall
modify site plans to show the west side of the main north -south aisle adjacent
to the Village Plaza & Hall designated as a passenger loading zone. The
designated passenger loading zone would be available for school bus drop -
off/pick-up and for closure for community events. The east -west aisle shall
remain open at all times.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 15 is reduced to a less than
significant level.
Impact
TR Impact 16 The Creekst6n component of the proposed project would include two dead -
end aisles separated only by turf block, which could result in internal
circulation impacts.
Mitigation Measure
TR/mm -14 Prior to issuance of building permits, the main circulation aisle in the
Creekst6n development shall be reconfigured to allow through access between
the residential and commercial uses. Implementation of this mitigation would
remove the proposed dead -end aisles on the main circulation aisle and
improve overall vehicular access to and through the site.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 16 is reduced to a less than
significant level.
1111612005 30
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 17 Emergency and passenger vehicle access would be restricted with the
proposed dead -end aisles in the Tumbling Waters and Creekston development.
Mitigation Measure
TR/mm -15 Prior to issuance of building permits, the Tumbling Waters and Creekston
applicants shall coordinate with the San Luis Obispo City Fire Department to
determine the acceptable parameters for all dead -end aisles to ensure that
emergency vehicle access is available. Design features, such as a
"hammerhead," would be required to reduce the number of three -point turns
vehicles have to make to enter /exit the affected areas. Plans shall be revised
to reflect necessary changes to dead -end aisles.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 17 is red_ uced to a less than
significant level.
Impact
TR Impact 18 Location of grouped mailboxes adjacent to public streets may cause additional
delay for vehicles on public roadways, resulting in potentially significant
impacts.
Mitigation Measure
TR/mm -16 Prior to issuance of building permits, the Tumbling Waters and Creekston
applicants shall revise all site plans to show locations of all grouped mail
boxes located adjacent to private streets rather than public streets. The
location of the grouped mailboxes shall be approved by City staff.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 18 is reduced to a less than
significant level.
1111612005 31
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
TR Impact 19 The five perpendicular parking spaces located at the Broad Street driveway
for the Creekston development would cause delays to vehicles entering the
site. These delays could result in potential safety problems for vehicles on
Broad Street.
Mitigation Measure
TR/mm -17 Prior to issuance of building permits, the Creekston applicant shall submit
revised site plans that show no parking spaces located along the entry roadway
within 50 feet of the project entrance located on Broad Street.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With,the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 19 is reduced to a less than
significant level.
Impact
TR Impact 22 The westbound approach at the intersection of Broad Street and Capitolio
Way is projected to operate at LOS F under Ten -Year Conditions. Traffic
volumes at this intersection exceed the minimum thresholds for the MUTCD
peak -hour signal warrant.
Mitigation Measure '
Implement TR/mm -2, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 22 is reduced to a less than
significant level.
Impact
TR Impact 23 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Duncan Road/Sacramento Drive Extension, and
Orcutt Road. The traffic volumes at this intersection slightly exceed the
minimum volume thresholds for the MUTCD peak -hour signal warrant.
1111612005 32
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation Measure
TR/mm -20 Prior to issuance of occupancy permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) program
for the installation of a signal at the Duncan Road/Orcutt Road/Sacramento
Drive intersection. If at the time of issuance of permits, the TIF program has
not been modified to reflect the costs of the necessary signalization, the
applicant shall be responsible for paying current TIF fees plus a mitigation fee
associated with the estimated cost differential.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 23 is reduced to a less than
significant level.
Impact
TR Impact 24 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Laurel Lane and Orcutt Road. The northbound
and southbound movements /approaches are projected to operate at LOS F.
Traffic volumes at this intersection meet the MUTCD peak -hour signal
warrant.
Mitigation Measure
No mitigation is necessary.
Finding:
As discussed in the Final EIR, a stop sign for westbound Orcutt Road was recently installed to
address safety concerns at the intersection. According to the City's Public Works Department,
the interim improvements are sufficient to mitigate safety impacts until the ultimate
improvements are installed. These ultimate improvements are currently identified in the City's
CIP program, and the City has recently received grant funds to augment existing project funding,
which will allow for construction of the project.
The City will take the lead on installing the following improvements to the Orcutt/Laurel
intersection and will complete the improvements at the earliest opportunity:
Install a traffic signal with a 70- second cycle length and including a southbound right-
turn overlap phase (southbound vehicles turn right when eastbound vehicles turn left) to
provide acceptable (LOS A) operations.
1111612005 33
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Because interim improvements have been installed at the intersection and the existing CIP
project for the signal is funded, TR Impact 3 is considered less than significant.
Impact
TR Impact 25 The proposed project would cause the roadway segment of Broad Street, south
of Orcutt Road, to exceed LOS D volume thresholds under Ten -.Year
Cumulative Conditions.
Mitigation Measure
Implement TR/mm -2, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 25 is reduced to a less than
significant level.
Impact
TR Impact 26 The proposed project would exacerbate LOS F operations at the intersection
of Broad Street and South Street under General Plan Buildout Plus Project
Conditions.
Mitigation Measure
TR/mm -21 In order to mitigate buildout level traffic conditions the intersection will need
to be widened so as to provide for dual left turn lanes, two through lanes and
an exclusive right turn lane in the northbound direction on Broad Street. This
project is currently not included in the City's TIT program. However, the
program is being updated and may be amended to include it in the future.
Prior to issuance of building permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) programfor
the widening of the south leg of the Broad Street/South Street (Broad Street)
intersection for said improvements. If at the time of issuance of building
permits, the TIF program has not been modified to reflect the costs of the
necessary intersection or roadway improvement, the applicant shall be
responsible for paying current TIF fees plus a "fair share" mitigation fee as
determined by the Director of Public Works, associated with the estimated
intersection improvements.
1111612005 34
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 26 is reduced to a less than
significant level.
Impact
TR Impact 27 The proposed project would exacerbate LOS F operations at the unsignalized
intersection of Broad Street and Capitolio Way under General Plan Buildout
Conditions.
Mitigation Measure
TR/mm -21a Prior to issuance of building permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) program
for the installation of a signal at the Broad Street/Capitolio Way intersection.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 27 is reduced to a less than
significant level.
Impact
TR Impact 28 The proposed project would exacerbate LOS F operations at the future
signalized intersection of Broad Street and Prado Road under General Plan
Buildout Conditions.
Mitigation Measure
TR/mm -22 Prior to issuance of occupancy permits, project applicants shall make "fair
share" contributions to the City's Transportation Impact Fee (TIF) program
for the addition of a second northbound left -tum lane and southbound right -
turn overlap phase at the intersection of Broad Street and Prado Road.
Finding:
Mitigation Has Been Incorporated into the .Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation. measures
1111612005 35
Four Creeks Rezoning Project CEQA Findings - Exhibit A
incorporated into the project as conditions of approval, TR Impact 28 is reduced to a less than
significant level.
Impact
TR Impact 29 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Laurel Lane and Orcutt Road under General Plan
Buildout Conditions. The MUTCD peak -hour signal warrant thresholds would
be exceeded at this location.
Mitigation Measure
No mitigation is necessary.
Finding:
As discussed in the Final EIR, a stop sign for westbound Orcutt Road was recently installed to
address safety concerns at the intersection. According to the City's Public Works Department,
the interim improvements are sufficient to mitigate safety impacts until the ultimate
improvements are installed. These ultimate improvements are currently identified in the City's
CIP program, and the City has recently received grant funds to augment existing project funding,
which will allow for construction of the project.
The City will take the lead on installing the following improvements to the Orcutt/Laurel
intersection and will complete the improvements at the earliest opportunity:
Install a traffic signal with a 70- second cycle length and including a southbound right -
turn overlap phase (southbound vehicles turn right when eastbound vehicles turn left) to
provide acceptable (LOS A) operations.
Because interim improvements have been installed at the intersection and the existing CIP
project for the signal is funded, TR Impact 3 is considered less than significant.
Impact
TR Impact 30 The proposed project would exacerbate unacceptable operations at the
unsignalized intersection of Duncan Road, Sacramento Drive Extension, and
Orcutt Road. The traffic volumes at this intersection slightly exceed the
minimum volume thresholds for the MUTCD peak -hour signal warrant.
Mitigation Measure
Implement TR/mm -20, as described above.
1111612005 36
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 30 is reduced to a less than
significant level.
Impact
TR Impact 31 The proposed project would exceed LOS D thresholds for the roadway
segment of Broad Street, south of Orcutt Road, under General Plan Buildout
Conditions.
Mitigation Measure
Implement TR/mm -21a and TR/mm -22.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, TR Impact 31 is reduced to a less than
significant level.
C. AIR QUALITY
Impact
AQ Impact 1 The proposed project would cause direct short -term construction related air
pollutant emissions from earthwork equipment and material disposal
operations, resulting in significant combustion related air quality impacts.
Mitigation Measure
AQ /mm -1 Prior to issuance of grading permits, the applicant shall submit a. Construction
Activities Management Plan for the review and approval of the SLOAPCD.
This plan shall include but not be limited to the following Best Available
Control Technology for diesel - fueled construction equipment:
a. Minimize the number of large pieces of construction equipment operating
during any given period.
b. Schedule construction related truck/equipment trips during non -peak hours
to reduce peak -hour emissions.
c. Properly maintain and tune all construction equipment according to
manufacturer's specifications.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
d. Fuel all off -road and portable diesel powered equipment including but not
limited to: bulldozers, graders, cranes, loaders, scrapers, backhoes,
generators, compressors, auxiliary power units, with CARB motor vehicle
diesel fuel.
e. Use 1996 or newer heavy duty off road vehicles to the extent feasible.
f. Electrify equipment where possible.
g. Use Compressed Natural Gas (CNG), liquefied natural gas (LNG), bio-
diesel, or propane for on -site mobile equipment instead of diesel - powered
equipment.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 1 is reduced to a less than
significant level.
Impact
AQ Impact 2 Construction of the proposed project would result in direct short-term air
quality impacts associated with ROG and NOx emissions.
Mitigation Measures
AQ /mm -2 Prior to issuance of grading permits, the applicants shall:
a. Submit a Suitability Report identifying and explaining the particular
constraints to using the preferred catalytic soot filter for APCD review and
approval. Suitability shall be determined by an authorized representative
of the filter manufacturer, or an independent California Licensed
Mechanical Engineer.
b. Identify equipment to be operated during construction as early as possible
in order to place the order for the appropriate filter and avoid any project
delays.
c. Include the following specifications on all project plans: Catalyzed diesel
particulate filters (CDPF) shall be used on the pieces of equipment
estimated to generate the greatest emissions. Emissions from the entire
project, including potential hauling activities, shall be evaluated by the
APCD was the final grading quantities are known, and the number of
filters required based on this estimate. The number of filters required for
onsite construction equipment shall be determined after total impacts from
the project are known.
d. Contact the APCD Planning Department (805- 781 -5912) to initiate
implementation of this mitigation measure at least two months prior to
start of construction. The APCD encourages that catalysts be retained and
1111612005 38
Four Creeks Rezoning Project CEQA Findings - Exhibit A
maintained by contractors for future emission reductions and potential
benefits for future project bidding.
AQ /mm -3 Prior to issuance of grading permits, if it is determined that portable engines
and portable equipment will be utilized, the contractor shall contact the
SLOAPCD and obtain a permit to operate portable engines or portable
equipment, and shall be registered in the statewide portable equipment
registration program. Contact APCD Engineering Department at 781 -5912.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 2 is reduced to a less than
significant level.
Impact
AQ Impact 3 PMto emissions resulting from construction activities would result in direct
short and long -term impacts on air quality, further exacerbating the County
non - attainment status for PM1o.
Mitigation Measures
AQ /mm -4 Prior to issuance of grading permits, a Dust Control Plan shall be prepared and
submitted to the APCD for approval prior to commencement of construction
activities. The Dust Control Plan shall:
a. Use APCD approved BMPs and dust mitigation measures;
b. Provide provisions for monitoring dust and construction debris during
construction;
c. Designate a person or persons to monitor the dust control program and to,
order increased watering or other measures as necessary to prevent
transport of dust off -site. Duties should include holiday and weekend
periods when work may not be in progress;
d. Provide the name and telephone number of such persons to the APCD
prior to construction commencement.
e. Identify compliant handling procedures.
f. Fill out a daily dust observation log.
AQ /mm -5 Prior to issuance of grading permits, the applicant shall:
a. Obtain a compliance review with the APCD prior to the initiation of any
construction activities;
b. Provide a list of all heavy -duty construction equipment operating at the
site to the APCD. The list shall include the make, model, engine size, and
1111612005 39
Four Creeks Rezoning Project CEQA Findings - Exhibit A
year of each piece of equipment. This compliance review will identify all
equipment and operations requiring permits and will assist in the
identification of suitable equipment for the catalyzed diesel particulate
filter;
c. Apply for an Authority to Construct from the APCD.
AQ /mm -6 Prior to issuance of grading permits, the following mitigation measures shall
be shown on all project plans and implemented during the appropriate grading
and construction phases to reduce PM10 emissions during earth moving
activities:
a. Reduce the amount of the disturbed area where possible.
b. Water trucks or sprinkler systems shall be used in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 mph. Reclaimed (non -
potable) water shall be used whenever possible.
c. All dirt stockpile areas shall be sprayed daily as needed.
d. Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading shall be sown with a fast - germinating
native grass seed and watered until Vegetation is established.
e. All disturbed soil areas not subject to re- vegetation shall be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD.
f. All roadways, driveways, sidewalks, etc. to be paved should be completed
as soon as possible after initial site grading. In addition, building pads
shall be laid as soon as possible after grading unless seeding or soil
binders are used.
g. Vehicle speed for all construction vehicles shall be posted to not exceed
15 mph on any unpaved surface at the construction site.
h. All trucks hauling dirt, sand, or other loose materials are to be covered or
shall maintain at least two feet of free board (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section
23114..
i. Wheel washers shall be installed where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving the site.
j. Streets shall be swept at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with reclaimed water
shall be used when feasible.
k. Permanent dust control measures shall be implemented as soon as possible
following completion of any soil disturbing activities.
AQ /mm -7 During construction, the applicant shall maintain monthly compliance checks
throughout the construction phase, verifying that all equipment and operations
continue to comply with the APCD requirements.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 3 is reduced to a less than
significant level.
Impact
AQ Impact 4 Earth moving activities for development of the proposed project components
would result in grading activities that may expose naturally occurring
asbestos, resulting in an indirect short-term impact.
Mitigation Measures
AQ /mm -8 Prior to issuance of building permits, the applicants shall:
a. Conduct a geologic analysis to ensure the presence /absence of serpentine
rock onsite. The geologic analysis shall identify if naturally occurring
asbestos is contained within the serpentine rock onsite; and,
b. If naturally occurring asbestos is found at the project site, the applicant
must comply with all requirements outlined in the Asbestos Airborne
Toxic Control Measures (ATCM). In addition, the applicants shall work
with the APCD to prepare an APCD- approved Asbestos Health and Safety
Program and an Asbestos Dust Control Plan prior to issuance of building
permits. The Asbestos Health and Safety Program and Asbestos Dust
Control Plan may include, but is not limited to, the following:
i. Equipment operator safety requirements: protective clothing,
breathing apparatuses to prevent inhalation of airborne asbestos
fibers,
ii. Dust mitigation measures: continually water site to prevent
airborne dust migration, cover all vehicle that haul materials
from the site
iii. Identification of APCD - approved disposal areas for all
excavated materials.
c. If naturally occurring asbestos is not present, an exemption request must
be filed with the APCD.
Finding:
Mitigation Has Been Incorporated into the Project. The City fords that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 4 is reduced to a less than
significant level.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
AQ Impact 5 Demolition activities for the Broad Street Parcels development may
potentially lead to adverse air quality impacts during removal or remodeling
of existing structures due to the potential presence of hazardous air pollutants,
resulting in an indirect short-term impact.
Mitigation Measures
AQ /mm -9 Prior to Plan approval, the following measures shall be included as conditions
of approval for any future proposed development within the Broad Street
Parcels component. Prior to commencement of demolition activities, the
applicant shall:
a. Notify the APCD at least 10 working days prior to commencement of any
demolition activities;
b. Conduct an Asbestos survey by a Certified Asbestos Inspector;
c. Use applicable disposal and removal 'requirements for any identified
asbestos containing material.
d. Contact the SLOAPCD Enforcement Division prior to final approval of
any demolition activity.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 5 is reduced to a less than
significant level.
Impact
AQ Impact 6 ROG, NOx, CO, and PM�o long -term operation emissions would exceed the
APCD's Tier II Threshold, and ROG emissions would exceed the APCD's
Tier III Threshold. Development of the project would result in a direct long-
term impact on air quality.
Mitigation Measures
AQ /mm -10 Prior to issuance of building permits, the following mitigation measures shall
be implemented to reduce area source emissions, to the greatest extent
feasible.
a. Increase walls and attic insulation by 10% above what is required by
APCD Title 24.
b. Plant shade trees along the southern exposures of buildings to reduce
summer cooling needs.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
c. Plant shade trees in parking lots to reduce evaporative emissions from
parked vehicles.
d. Use built -in energy efficient appliances.
e. Orient buildings toward streets with convenient pedestrian and transit
access.
f. Use double -paned windows.
g. Use low- energy parking lot and streetlights. (e.g. sodium), consistent with
visual policies.
h. Use energy efficient interior lighting..
i. Incorporate energy efficient skylights into roof plan (i.e. should meet the
EPA/DOE Energy Star® rating).
j. Install high efficiency or gas space heating.
k. Install door sweeps and weather stripping if more efficient doors and
windows are not available.
AQ /mm -11 Prior to issuance of building permits, the following mitigation measures shall
be implemented, where applicable, to reduce area source emissions resulting
from the use of wood - burning stoves. The SLOAPCD approved devices for
new homes under APCD Rule 504 include:
a. All EPA - Certified Phase II wood burning devices;
b. Catalytic wood burning devices which emit less than or equal to 4.1 grams
per hour of particulate matter which are not EPA - Certified but have been
verified by a nationally - recognized testing lab;
c. Non - catalytic wood burning devices which emit less than or equal to 7.5
grams per hour of particulate matter which are not EPA- Certified but have
been verified by a nationally- recognized testing lab;
d. Pellet - fueled wood heaters; and,
e. Dedicated gas -fired fireplaces.
AQ /mm -12 Based on the Mitigation Threshold Guide (Table 5 -1 in the SLOPAPCD
CEQA Air Quality Handbook), all of the standard mitigation measures and all
of the feasible discretionary mitigation measures identified within the APCD
Handbook would apply to the proposed project. The City of San Luis Obispo
has met with the APCD to define which measures would be most effective at
mitigating impacts from the proposed project. According to APCD
recommendations, the applicant shall:
a. Provide transit bus stop enhancements, information kiosk, smart signs,
shelter, and lighting within the project area;
b. Provide bicycle paths for project and connecting to Railroad Bicycle Path
(as required by TR/mm -6)
c. Provide onsite long and short-tem bicycle parking for residential and
commercial elements of the project;
d. Implement onsite circulation design element in parking lots to reduce
vehicle queuing and improve the pedestrian and bicycle environment;
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Four Creels Rezoning Project CEQA Findings - Exhibit A
e. Provide continuous walkways separated from the roadway by landscaping
and on street parking;
f. Include internal wiring/cable in dwelling unit that allows telecomm
uniting and teleconferencing to occur simultaneously in at least three
locations in each home;
g. Provide pedestrian signalization and signage to improve pedestrian safety;
h. Establish a buffer zone between the railroad and the residential portion of
the project.
AQ /mm -13 Prior to issuance of building permits, the applicants shall prepare an
aggressive tree planting and landscape plan using species endemic to the area
to be prepared as a part of the proposed development and shall be developed
in coordination with the APCD and the Community Development Director.
The tree planting and landscape plan shall include deciduous trees, planted so
that they can shade buildings in the summer, decrease indoor temperatures,
and reduce energy demands for air conditioning and fossil fuel emissions.
AQ /mm -14 Based on the Mitigation Threshold Guide (Table 5 -1 in the SLOPAPCD
CEQA Air Quality Handbook), all of the standard mitigation measures and all
of the feasible discretionary mitigation measures identified within the APCD
Handbook would apply to the proposed project. The City of San Luis Obispo
has met with the APCD to define which measures would be most effective at
mitigating impacts from the proposed project. According to APCD
recommendations, the applicant shall:
a. Provide assistance in the implementation of projects that are identified in
the City's Bicycle Transportation Plan or establish an easement and extend
the Railroad Bicycle Path along the frontage between the Tumbling
Waters development and the railroad.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 6 is reduced to a less than
significant level.
Impact
AQ Impact 7 Incompatible mixed -use development has the potential to place residential
development in the same building or adjacent to land uses that may potentially
create odor or inhalation hazards. These actions could result in a direct long-
term impact.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation Measures
AQ /mm -15 Prior to approval of the development plan, the City shall coordinate with the
APCD to determine appropriate mixed -use designations and to determine
potential uses that would require APCD permit approval.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AQ Impact 7 is reduced to a less than
significant level.
Impact
AQ Impact 8 The project, combined with all other future projects in the area would result in
significant cumulative, direct long -term operational impacts to air quality.
Mitigation Measures
Implement mitigation measures AQ /mm -1 through AQ /mm -15, as described above.
Findings
Mitigation measures have been incorporated into the project, which avoid or substantially lessen
AQ Impact 8 identified in the Final EIR; however, this impact remains significant and
unavoidable. The City has determined that AQ Impact 8 is acceptable by reason of the overriding
considerations discussed in Section VIII.
D. NOISE
Impact
NS Impact 1 Development of the proposed project would expose existing and newly
constructed sensitive residential receptors surrounding and on the project site
to temporary construction- related noise impacts, resulting in a direct short-
term impact.
Mitigation Measures
NS /mm -I Prior to issuance of building permits, the applicants shall submit a Noise
Reduction Plan prepared by a qualified acoustical consultant for review and
approval by the City Planning Department. The Noise Reduction Plan shall
include but is not limited to:
a. Limit all phases of construction to the hours of 7:00 AM to 10:00 PM
Monday through Friday as required by City ordinance;
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
b. Regular notification of all existing and future residences within 1,000 feet
of the site boundary concerning the construction schedule;
c. Shield especially loud pieces of stationary construction equipment;
d. Locate portable generators, air compressors; etc. away from sensitive
noise receptors;
e. Limit grouping major pieces of equipment operating in one area to the
greatest extent feasible;
f. Place heavily trafficked areas such as the maintenance yard, equipment,
tool, and other construction oriented operations in locations that would be
the least disruptive to surrounding sensitive noise receptors,
g. Use newer equipment that is quieter and ensure that all equipment items
have the manufacturers' recommended noise abatement measures, such as
mufflers, engine covers, and engine vibration isolators intact and
operational. Internal combustion engines used for any purpose on or
related to the job shall be equipped with a muffler or baffle of a type
recommended by the manufacturer;
h. Conduct worker - training meetings to educate and encourage noise
awareness and sensitivity. This training should focus on worker conduct
while in the vicinity of sensitive receptors (i.e. minimizing and locating
the use of circular saws in areas adjacent to sensitive receptors and being
mindful of shouting and the loud use of attention drawing language); and,
i. Notify surrounding residences in advance of the construction schedule
when unavoidable construction noise and upcoming construction activities
likely to produce an adverse noise environment are expected. Noticing
shall provide phone number of project monitor, City inspector,
construction foreman etc. This notice shall be given one week in advance,
and at a minimum of one day in advance of anticipated activities have
changed. Project representative shall verbally notify all surrounding
residential owners.
Finding:
Mitigation Has Been Incorporated into the Project. The City fmds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 1 is reduced to a less than
significant level.
Impact
NS Impact 2 Increased vehicular noise resulting from the proposed project would expose
sensitive residential receptors to outdoor noise levels that would exceed the
thresholds defined in the City Noise Element, resulting in a direct long -term
impact.
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Four Creels Rezoning Project CEQA Findings - Exhibit A
Mitigation Measures
NS /mm -2 Prior to issuance of building permits, the applicants shall submit revised plans
for the review and approval of the City Community Development Director
and the Architectural Review Commission that include the implementation of
mitigation strategies, which would attenuate outdoor noise levels below the 60
dB threshold. The applicant shall comply with one of the following:
a. The applicant shall implement the following noise mitigation strategy,
which has been modeled and determined to attenuate outdoor activity area
noise levels to below the 60 dB threshold.
• Design the buildings that are adjacent to and bordering Orcutt Road
and Broad Street (refer to Figures NS-4 and NS -5) such that the
outdoor activity areas are located the farthest distance from the right-
of-way line as possible, (other structures depicted in Figures NS -4 and
NS -5 would be located far enough away from the roadway and
shielded by other structures to be in compliance with the Noise
Element). To accomplish this, orient the structure such that the
building is between the source of noise and the outdoor activity area.
In this way, the structure provides a shielding effect for the outdoor
activity area from the noise source (refer to Figures NS -4 and NS -5 for
building orientation direction).
• Implement sound barriers as depicted in Figures NS-4 and NS -5 along
building exteriors adjacent to the noise source to attenuate noise levels
for the various floors of the project components. The barriers would
need to sufficiently wrap around the end structures and break the line
of sight to attenuate noise levels. Physical sound barriers shall be built
to the heights recommended in Figures NS -4 and NS -5. The sound
barriers would be most effective when placed as close to the structures
as possible and in the arrangements shown. There are a number of
aesthetic treatments that could be included in the design to help
visually soften the sound barrier.
Or,
b. The applicant shall submit proposed alternative mitigation strategies and
shall demonstrate that the alternative mitigation strategies would attenuate
outdoor noise levels below 60 dB. An individual deemed qualified in noise
analysis by the City of San Luis Obispo shall model the effectiveness of
the alternative mitigation strategies to verify that outdoor activity area
noise levels would be attenuated below 60 dB. Modeling and or /reporting
shall be conducted using verifiable methodologies. Acceptable
combinations of mitigation strategies include the installation of physical
sound barriers in conjunction with architectural design features, setbacks
from the noise source, and/or the elimination of outdoor activity areas.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
NS /mm -3 Prior to final inspection or occupancy, whichever occurs first, the applicants
shall provide the Community Development Director with a report from an
engineer qualified in noise analysis, indicating that outdoor noise mitigation
measures have been installed as discussed in NS /mm -2.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 2 is reduced to a less than
significant level.
Impact
NS Impact 3 Increased vehicular noise under Baseline Plus Project conditions would
expose sensitive residential receptors to interior noise levels that would
exceed the thresholds defined in the City Noise Element, resulting in a direct
long -term impact.
Mitigation Measures
NS /mm -4 Prior to issuance of building permits, the applicants shall submit revised plans
for the review and approval of the City Community Development Director
that include the implementation of mitigation strategies, which would
attenuate interior noise levels to below the 45 dB Ldn threshold and the 60 dB
SEL (single event level) maximum threshold. The applicant shall comply
with one of the following:
a. The applicant shall implement the following noise mitigation strategy,
which has determined to attenuate interior noise levels to below the 45 dB
Ldn threshold and the 60 dB SEL (single event level) maximum threshold.
• Vents and roof penetrations: Soffit vents, cave vents, dormer vents and
other wall and roof penetrations shall be located on the walls and roofs
facing away from the noise source wherever possible. In addition, any
roof and attic facing the noise source shall be baffled.
• Walls: The walls of habitable spaces of dwelling units nearest the
noise source shall have wall construction with an S.T.C. (Sound
Transmission Class) rating of 30 or greater. For instance, stucco
exterior or equivalent on 2" x 6" stud walls with minimum R -13
insulation and two layers of 1/2" gypsum board on the interior will
provide an S.T.C, rating of 30 or greater along these walls. The same
S.T.0 rating of 30 or greater can be achieved with a 1/2" soundboard
applied to the outside of the 2" x 6" studs with minimum R -13
insulation and one layer of 1/2" gypsum board on the interior.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
• Acoustical Leaks: Common acoustic leaks, such as electrical outlets,
pipes, vents, ducts, flues and other breaks in the integrity of the wall,
ceiling, or roof construction on the side of the dwellings nearest
transportation noise source shall receive special attention during
construction. All construction openings and joints on the walls on the
noise facing side of the project shall be insulated, sealed, and caulked
with a resilient, non - hardening, acoustical caulking material. All such
openings and joints shall be airtight to maintain sound isolation.
• Windows: To meet the interior Ldn 45 dBA requirements, windows for
habitable spaces of affected units facing the noise source shall be of
minimum double - glazed construction and installed with an interior
glass sash in accordance with the recommendations of the
manufacturer. The windows shall be fully gasketed, with an S.T.C.
rating of 30 or better, as determined in testing by an accredited
acoustical laboratory. Windows and sliding glass doors shall be
mounted in low air infiltration rate frames (0.5 cfm or less, per ANSI
specifications).
• Doors: Exterior doors shall be of solid core, with perimeter weather
stripping and threshold seals on all exterior doors of impacted units
facing the noise source shown in Figure NS -6.
a
b. The applicant shall submit proposed alternative mitigation strategies and
shall demonstrate that the alternative mitigation strategies would attenuate
interior noise levels below the 45 dB Ldn threshold and the 60 dB SEL
(single event level) maximum threshold. An individual deemed qualified
in noise analysis by the City of San Luis Obispo shall model the
effectiveness of the alternative mitigation strategies to verify that interior
noise levels would be attenuated below the 45 dB Ldn threshold and the
60 dB SEL (single event level) maximum threshold. Modeling and
or /reporting shall be conducted using verifiable methodologies.
NS /mm -5 Prior to issuance of building permits, the applicants shall submit revised plans
for the review and approval of the City Community Development Director
that provide the structures highlighted in Figure NS -6 with air conditioning
units and mechanical ventilation systems so the windows can remain closed
during summer months and still achieve interior noise standards.
NS /mm -6 Prior to final inspection or occupancy, whichever occurs first, the applicants
shall provide the Community Development Director with a report from an
engineer qualified in noise analysis, noting that interior noise mitigation
measures have been installed as discussed in this EIR.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City fmds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 3 is reduced to a less than
significant level.
Impact
NS Impact 4 Development of the project would expose outdoor activity areas along the
eastern project boundary to noise levels from railroad sources that would
exceed the thresholds contained in the City Noise Element, resulting in a
direct, long -term impact.
Mitigation Measures
Implement NS /mm -2 and NS /mm -3, as described above.
NS /mm -7 Prior to recordation of the Final Map, the applicants shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential property owners,
tenants, etc., that there would be times where residents are subject to outdoor
noise levels that exceed the allowable. Ldn noise thresholds defined in the City
Noise Element due to railroad traffic from Amtrak and the UPRR.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 4 is reduced to a less than
significant level.
Impact
NS Impact 5 Development of the project would expose interior living areas along the
eastern project boundary to noise levels from railroad sources that would
exceed the thresholds contained in the City Noise Element, resulting in a
direct, long -term impact.
Mitigation Measures
Implement NS /mm -4 through NS /mm -6, as described above.
NS /mm -8 Prior to issuance of building permits, the applicant shall revise site plans to
show the provision of double glazed laminated windows that have a minimum
10 mm thickness with a 12 mm space and 6.4 mm laminated surface for all
windows facing the railroad tracks (refer to Figure NS -6).
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 5 is reduced to a less than
significant level.
Impact
NS Impact 6 Increased vehicular noise from General Plan Buildout would expose sensitive
residential receptors to outdoor noise levels that would exceed the thresholds
defined in the City Noise Element, resulting in a direct long -term impact.
Mitigation Measures
Implement NS /mm -2 and NS /mm -3, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 6 is reduced to a less than
significant level.
Impact
NS Impact 7 Increased vehicular noise from General Plan Buildout would expose sensitive
residential receptors to interior noise levels that would exceed the thresholds
defined in the City Noise Element, resulting in a direct long -term impact.
Mitigation Measures
Implement NS /mm-4 through NS /mm -6, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, NS Impact 7 is reduced to a less than
significant level.
E. HAZARDS AND HAZARDOUS MATERIALS
Impact
HAZ Impact 1 Development of the proposed project would increase residential density
within San Luis Obispo Regional Airport S -2 Safety Area, inconsistent with
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
safety- related policies of the ALUP, resulting in a direct long -term safety
impact.
Mitigation Measures
HAZ /mm -1 Prior to development plan, rezoning, or general plan amendment approval by
the City Council, the proposed project must be referred to the ALUC for a
consistency determination with the ALUP. The ALUC must determine that
the proposed residential density is consistent with the ALUP; or, the applicant
shall submit revised plans that show a reduction in proposed residential
density, consistent with ALUP requirements. The proposed project may not be
approved by the City Council unless it is determined to be consistent with the
AL UP by the AL UC.
HAZ /mm -2 Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential buyers or leasers
that aircraft over - flights occur, and that such flights may result in safety
hazard impacts should an aircraft accident occur. In addition, prior to
recordation of final map, avigation easements shall be recorded over the entire
project site for the benefit of the SLO County Regional Airport.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 1 is reduced to a less than
significant level.
Impact
HAZ Impact 3 Development of the Creekston component of the proposed project would
introduce a day -care facility within San Luis Obispo Regional Airport S -2
Safety Area. This is inconsistent with the policies of the ALUP and would
result in a significant long -term impact.
Mitigation Measures
HAZ /mm -5 Prior to development plan, rezoning, or general plan amendment approval, by
the City Council, the project must be referred to the ALUC for a consistency
determination with the ALUP. The ALUC must determine that the proposed
Special Function Land Use is consistent with the ALUP; or, the applicant
shall submit revised plans showing that the proposed Day Care Facility has
been eliminated from the proposal. The proposed project may not be approved
1111612005 52
Four Creeks Rezoning Project CEQA Findings - Exhibit A
by the City Council unless it is determined to be consistent with the ALUP by
the AL UC.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 3 is reduced to a less than
significant level.
Impact
HAZ Impact 4 Development of the proposed project would exceed the maximum building
coverage allowed within S -2 Safety Area of the San Luis Obispo Regional
Airport. This is inconsistent with the policies of the ALUP and would result in
a significant long -term impact.
Mitigation Measures
HAZ /mm -6 Prior to development plan, rezoning, or general plan amendment approval, by
the City Council, the project must be referred to the ALUC for a consistency
determination with the ALUP. The ALUC must determine that the proposed
Building Coverage is consistent with the ALUP; or, the applicant shall submit
revised plans showing that the 20 percent building coverage limitation has
been met. The proposed project may not be approved by the City Council
unless it is determined to be consistent with the ALUP by the ALUC.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted.. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 4 is reduced to a less than
significant level.
Impact
HAZ Impact 5 Transportation of hazardous materials through and adjacent to the project site
could potentially expose residences to safety impacts associated with
hazardous materials, or structures could be physically impacted by train crash,
resulting in a direct long -term impact.
Mitigation Measures
HAZ /mm -7 Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential buyers or leasers
that hazardous materials are or could be transported on Sacramento Drive and
1111612005 53
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
the UPRR tracks, and that inherent safety/hazardous materials impacts exist
should an accident or upset condition occur.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 5 is reduced to a less than
significant level.
Impact
HAZ Impact 5a Diesel exhaust from trains idling along the project frontage, adjacent to the
Tumbling Waters development, could result in health impacts to residents due
to the diesel particulate matter in the exhaust.
Mitigation Measures
HAZ /mm -7a Prior to issuance of occupancy permits, the applicant shall submit to the
Community Development Department evidence that they are working with
UPRR to establish a "No Idling Zone" along the project frontage. "
HAZ /mm -7b Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC &Rs) that disclose to potential buyers or leasers
the potential health hazards and nuisances associated with diesel particulate
matter.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, HAZ Impact 5a is reduced to a less than
significant level.
F. UTILITIES
Impact
UTIL Impact I The proposed project would consume approximately 40 percent of the City's
remaining available water supply, resulting in a direct long -term impact.
Mitigation Measures
UTIL /mm -1 At the time of application for building permits, the applicants shall submit
revised plans that include all on -site irrigation systems designed for the use of
1111612005 54
Four Creekr Rezoning Project CEQA Findings - Exhibit A
City recycled wastewater. All water utility services shall be designed for
compatibility with on -site use of recycled water for irrigation.
UTIL /mm -2 Prior to issuance of building permits, the applicants shall develop a detailed
Water Conservation Plan to be reviewed and approved by the Community
Development Director. The Water Conservation Plan shall identify use of the
following: low flow shower restrictors, low flow toilet fixtures, drought
tolerant landscaping, and other water saving devices. In addition, the plan
shall incorporate the use of recycled water for landscape irrigation to mitigate
overall water consumption.,
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, UTIL Impact 1 is reduced to a less than
significant level.
Impact
UTIL Impact 2 The proposed project would create additional wastewater flows through
wastewater conveyance systems that are currently operating near capacity,
resulting in a direct long -term impact.
Mitigation Measures
UTIL /mm -3 Prior to issuance of building permits, the applicants shall make fair share
payments to the City's Wastewater Impact Fee, which would help finance the
construction of any needed capacity expansion at the wastewater treatment
plant and the necessary Tank Farm Regional lift station that would serve the
project. Payments into the City's Wastewater Impact Fees include
consideration of needed system improvements.
UTIL /mm-4 Prior to issuance of building permits, the applicants shall provide evidence
that there are adequate wastewater conveyance systems to serve the proposed
project through either of the following:
a. A letter from the City Public Works Department indicating that
construction of the Tank Farm Regional lift station is completed; or,
b. A letter from the City Public Works Department indicating that a
phased approach to the project has been reviewed and approved based
on estimates of existing wastewater capacity from the City Utilities
Engineer.
1111612005 55
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, UTIL Impact 2 is reduced to a less than
significant level.
G. AESTHETIC RESOURCES
Impact
AES Impact 1 Construction of specific buildings adjacent to Orcutt Road would effectively
"wall -off' views of the South Street Hills from a City - designated Scenic
Roadway resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -I Prior to issuance of grading permits for the Tumbling Waters and Creekston
developments, all project grading and building plans shall be revised to show
that all structures west of the proposed Sacramento Drive Extension conform
to the following:
a. Structures within 100 feet of the edge of the future alignment of Orcutt
Road shall be a maximum of 30 feet in height.
b. Structures within 150 feet of the edge of the future alignment of Orcutt
Road shall be a maximum of 35 feet in height.
Alternative Mitigation Measures Incorporated Into the Project Design:
Alternate AES /mm -1
Tumbling Waters:
On August 17, 2005, after review of the Draft EIR for the project, revised plans for the Tumbling
Waters project were submitted with the following changes to address AES Impact 1.
1) The number of units at the northwest corner of the project site (the impact
area) has been reduced from 17 units to 9 units, significantly reducing the
scale and mass of the buildings.
2) The duplex units that are now proposed in the impact area are significantly
lower in height (2 stories above parking instead of 3 stories above parking)
than the four -plex units evaluated in the Final EIR. Each of these buildings is
also approximately 7 feet narrower, reducing the duration of the potential
view blockage along Orcutt Road.
1111612005 56
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Four Creeks Rezoning_ Project CEQA Findings - Exhibit A
3) The applicants are pursuing revisions to the grading plan to lower the finished
grade in the impact area by approximately two feet, further reducing the
relative height of the proposed buildings. As proposed, the buildings in the
impact area would stand approximately 35 feet above existing grade, meeting
the requirement of AES /mm -1 for buildings within 150 feet from the edge of
the roadway, but still inconsistent with the 30 -foot height limit for buildings
within 100 feet of the roadway.
Creekston:
On August 15, 2005, after review of the Draft EIR for the project, revised plans for the
Creekston project were submitted with the following changes to address AES Impact 1.
1) The row of eucalyptus trees along the eastern edge of the development area
will be maintained. The trees will be safety pruned and impacts associated
with their removal (aesthetics and biological) will be reduced to insignificant
levels.
2) The two 57' ,tall loft buildings will be relocated to the east side of the site,
adjacent to the row of eucalyptus trees. The proposed loft buildings do not
pierce the ridgeline of the South Street Hills and in this location are partially
screened in the foreground by the tall trees.
3) The three mixed -use buildings at the front of the site have been clustered at
the eastern end of the site to improve the line of site from Orcutt Road to the
South Street Hills. The relocation of the buildings in this manner reduces the
obstruction by over 60 feet, or by about 1/3 of the frontage.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
alternative mitigation measure is feasible and has been adopted. With the proposed alternative
mitigation measure incorporated into the project plans, AES Impact 1 is reduced to a less than
significant level.
Impact
AES Impact 3 Without strict adherence to the San Luis Obispo Community Design
Guidelines, the proposed project would substantially degrade the existing
visual character of the site and its surroundings.
Mitigation Measures
AES /mm -2 Prior to issuance of grading permits for the Tumbling Waters and Creekston
developments, the Architectural Review Commission, in consultation with
City staff and other reviewing authorities, shall require that the project adhere
to the Community Design Guidelines. The Architectural Review
1111612005 57
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Commission, City staff, and other reviewing authorities shall not approve the
project unless the following specific findings can be made:
a. The project maintains a high quality of craftsmanship in development
through use of authentic building styles, design elements, and materials.
b. The project buildings are clustered to achieve a "village" scale. The
various buildings are designed to create a visual and functional
relationship with one another.
C. The project buildings provide a sense of human scale. The project
buildings incorporate significant wall and roof articulation to reduce
apparent scale. Roofs are multi - planed to avoid large, monotonous
expanses. Horizontal and vertical wall articulation are expressed through
the use of elements such as wall offsets, recessed windows and entries,
awnings, and second floor setbacks.
d. The project buildings incorporate setbacks at the ground floor level and/ or
upper levels (stepped -down) along street frontages such that they do not
visually dominate the adjacent neighborhood.
e. The project buildings' elements are in proportion. Building designs
demonstrate continuity, harmony, simplicity, rhythm, and balance and are
in proportion to one another.
f. The project's internal streets are designed as if they were pleasing public
streets, with comprehensive streetscapes including sidewalks, and planting
strips between curb and sidewalk with canopy trees.
g. The project landscaping is planned as an integral part of the overall design
and not simply located in "left over" areas. Landscaping is used to help
define outdoor spaces, soften the project structures' appearance, and to
screen parking, loading, storage, and equipment areas
h. Where visual screening at ground level is required (for those portions of
the development visible from Broad Street and Orcutt Road), the project
utilizes a combination of elements as appropriate, such as walls, berms,
and landscaping.
i. The project maintains views of the South Street Hills and the Santa Lucia
Foothills to the greatest extent possible.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 3 is reduced to a less than
significant level.
Impact
AES Impact 4 The height of the "Loft" residential structures proposed as part of the
Creekston project component would be out -of -scale with the rest of the
1111612005 58
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E
Four Creeks Rezoning Project CEQA Findings - Exhibit A
project, the setting, and inconsistent with the pedestrian viewing experience,
resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -3 Prior to issuance of building permits for the Creekston development, all
project grading and building plans shall be revised to show the height of the
Loft buildings not exceeding 45 feet above average natural grade.
AES /mm -4 Prior to issuance of grading permits for the Creekston development, the
applicant shall revise all site and landscape plans to include a minimum 20
foot planting area along the west side of the Loft residential buildings. Tall
growing evergreen trees shall be densely planted in this area. Prior to issuance
of grading permits, the applicant shall enter into an agreement with the City to
install required landscaping and water- conserving irrigation systems and
maintain landscaping for the life of the project. The applicant shall also
submit a fmal landscaping and water - conserving imgation plan to the
Community Development Director for review and approval. Prior to
occupancy clearance, landscaping and irrigation shall be installed.
Findings:
The City has determined that theproposed mitigation measures AES /mm -3 and AES /mm -4 are
infeasible, due to the following:
1) The proposed building height of 57 -feet for the loft buildings is necessary to achieve high
density development within the available development areas of the site. The objectives
of the project include the designation of the site for high density residential development
to allow for the implementation of the Creekston development plan. The two loft
buildings contain 36 1- bedroom units that are 850 square feet each. These units are
affordable by design and contribute to the variety of housing cost, type and tenure within
the project site, which are General Plan goals.
2) Over 2.5 acres of the Creekston project site are occupied by creek corridors, including
setback areas. In order to achieve high density development in the manner proposed by
the project, which has been determined to be consistent with the General Plan, building
height greater than allowed under AES /mm -3 is necessary.
3) AES /mm -4 is not feasible because the loft buildings have been relocated to address AES
Impact 1 and a 20 -foot planting area west of the building conflicts with required garage
access and driveway aisles on the project site, and conflicts with the location of other
units proposed on the site.
The following alternate mitigation measure has been incorporated in the proposed project;
however, even with implementation of this mitigation measure this impact remains significant
1111612005 59
Four Creeks Rezoning Project CEQA Findings - Exhibit A
and unavoidable. The City has determined that AES Impact 4 is acceptable by reason of the
overriding considerations discussed in Section VII.
Alternate AES /mm -3: As shown on the Creekston project plans, submitted August 15, 2005,
the row of eucalyptus trees along the eastern edge of the development
area will be maintained and the two 57' tall loft buildings will be
relocated adjacent to the row of eucalyptus trees. The relocation of the
buildings adjacent to the tall stand of eucalyptus trees will help to
provide context for the proposed building height, and achieve some of
the goals of AES /mm -4.
Impact
AES Impact 5 The proposed landscape area along the north side of the Tumbling Waters
component is located within City-owned right -of -way and is insufficient in
reducing the urban appearance of the project and blending it with the
community, resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -5 Prior to issuance of grading permits for the Tumbling Waters development,
the Architectural Review Commission, in consultation with City staff and
other reviewing authorities, shall require that the project adhere to the
Community Design Guidelines. The Architectural Review Commission, City
staff, and other reviewing authorities shall not approve the project unless the
following specific findings can be made:
a. Sufficient landscaped buffer area (minimum of 20 -feet) shall be located on
the northern boundary of the project site, outside of City-owned right -of-
way; and
b. Within the minimum landscape buffer area, planting density and species
height shall be increased so that after five years a minimum of 80 percent
of the development is not visible from Orcutt Road.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 5 is reduced to a less than
significant level.
Impact
AES Impact Visibility of existing overhead utilities along Orcutt Road would add to the
visual clutter of the project and would increase the urban visual character of
1111612005 60
Four Creeks Rezoning Project CEQA Findings - Exhibit A
the site as seen from a City- designated scenic roadway resulting in a direct,
long -term impact.
Mitigation Measures
AES /mm -6 Prior to issuance of building permits for the Tumbling Waters and Creekst6n
developments, the applicants shall submit utility relocation plans showing the
undergrounding of all existing overhead utilities along the south side of Orcutt
Road.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 6 is reduced to a less than
significant level.
Impact
AES Impact 7 Removal of the eucalyptus trees along Sydney Creek would adversely affect
the vegetative character of the site and the surrounding neighborhood, would
increase noticeability of existing and proposed project, and would decrease
spatial qualities desirable for creating a village -like, pedestrian -scale
development resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -7 Prior to issuance of building permits for the Creekst6n development, the
applicant shall revise all site and landscape plans to include the preservation
and protection of the existing eucalyptus trees along Sydney Creek to the
greatest extent feasible. If tree removal is unavoidable, the Revegetation and
Restoration Plan (identified within the Biological Resource Section of the
EIR) shall identify all native and non - native trees to be retained and all native
and non - native trees to be removed by location, size, and species. The Plan
shall not allow removal of any tree taller than 40 feet, and shall not allow
removal of more than 15 percent of the total number of trees along the creeks
within the development. The Plan shall be field verified by a Certified
Arborist and shall be reviewed and approved by the City Natural Resources
Manager.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 7 is reduced to a less than
significant level.
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
Impact
AES Impact 8 Visibility of proposed light sources would substantially increase nighttime
glare and light spillover as seen from City- designated scenic roadways and
residential areas resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -8 Prior to issuance of building permits for the Tumbling Waters and Creekston
developments, the applicants shall submit exterior lighting plans in
conformance with the San Luis Obispo Community Design Guidelines,
Chapter 6.1 C, Lighting. In addition, plans shall include the following:
a. The point source of all private road street lighting, business and parking
lot lighting, public area lighting, and residential exterior lighting shielded
from off -site views.
b. Light trespass from streetlights minimized by directing light downward
and utilizing cut -off fixtures or shields.
c. Illumination from streetlights, parking area lights, and public area lights at
the lowest level allowed by public safety standards.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted.. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 8 is reduced to a less than
significant level.
Impact
AES Impact 9 The visibility of the proposed project combined with the continuing
development of along the Broad Street corridor and the southern portion of the
City would cause an increasing reduction in hillside resource views and
urbanization along City- designated scenic roadways resulting in a direct, long-
term impact.
Mitigation Measures
Implement mitigation measures AES /mm -1 through AES /mm -8, as described above.
1111611005 62
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 9 is reduced to a less than
significant level.
Impacts
AES Impact 10 The installation of physical sound barriers, as recommended by NS /mm -2,
would substantially degrade the existing visual character and increase the
urban visual character of the project resulting in a direct, long -term impact.
Mitigation Measures
AES /mm -9 Prior to issuance of building permits for the Tumbling Waters and Creekston
components, project grading and building plans shall be revised to show the
following:
All proposed physical sound barriers shall be in tones compatible with
surrounding terrain or buildings. Sound barriers shall be screened with native
vegetation (including trees, shrubs, and vines) to ensure a minimum of 80
percent screening after five years.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, AES Impact 10 is reduced to a less than
significant level.
H. ISSUES EVALUATED WITH INSIGNIFICANT IMPACTS
1. Geology and Hydrology
Impacts
INSIG Impact 3 The project site is located on expansive, soft, and liquefiable soils; building
foundations have the potential to be subject to differential settlement.
Mitigation Measures
INSIG /mm -1 Prior to issuance of grading permits, the applicant shall incorporate into the
grading plans all recommendations of the Geotechnical and Soil Investigation
Report prepared for the project by Earth Systems Pacific, 2004, for the
Tumbling Waters component, and GSI Soils Inc. for the Creekston project
component.
1111612005 63
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 3 is reduced to a less than
significant level.
2. Cultural Resources
Impacts
INSIG Impact 4 Earthmoving activities associated with the construction and future
development of the project site have the potential to unearth prehistoric and
historic resources, resulting in potentially significant impacts to cultural
resources.
Mitigation Measures
INSIG /mm -2 Prior to issuance of grading permits, the applicant shall prepare and submit a
cultural resources monitoring plan to the City of San Luis Obispo Community
Development Director for review and approval. The monitoring plan shall
identify the procedure for notification of accidental discovery. The plan shall
also identify the proposed communication network so that if any suspected
historic cultural materials are unearthed, they can be quickly examined and
evaluated by a qualified historic archaeologist and appropriate
recommendations made consistent with CEQA and the San Luis Obispo's
historic resources guidelines.
INSIG /mm -3 Prior to commencement of initial grading and grubbing, archaeological
training shall be conducted for all construction personnel to educate them
about what types of historic cultural materials may be encountered during
construction excavation. This training shall be conducted by a qualified
archaeologist approved by the City of San Luis Obispo Community
Development Director.
INSIG /mm -4 During construction, in the event that buried or isolated prehistoric or historic
material is discovered on the property, all activities shall cease in the affected
area until the area is surveyed by a qualified archaeologist/historian approved
by the City of San Luis Obispo Community Development Director. Under the
direction of the archaeologist/historian, a mitigation plan shall be developed
and approved by the City. Salvage or mitigation excavations shall be outlined
in the mitigation plan, as necessary.
1111611005 64
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 4 is reduced to a less than
significant level.
3. Recreation
Impact
INSIG Impact 5 Development of the proposed project would increase the use of existing
neighborhood and regional parks or other recreational facilities such that
substantial physical deterioration of the facility could occur or be accelerated.
Mitigation Measures
INSIG /mm -5 Prior to land use permit issuance, the applicants shall comply with Sections
16.40.040 through 16.40.100 of the City Municipal Code and dedicate land
equivalent to five acres for each 1,000 residents expected to reside within the
subdivision or pay in -lieu fees, as applicable.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 5 is reduced to a less than
significant level.
Impact
INSIG Impact 6 Development of the proposed project includes recreational facilities or
requires the construction or expansion of recreational facilities, which might
have an adverse physical effect on the environment.
Mitigation Measures
The recreation facilities proposed are incorporated into the design of the Creekst6n and
Tumbling Waters developments and would be constructed concurrently with the rest of the
project. The long- and short-term impacts associated with the construction of these facilities are
addressed under each of the applicable resource headings (i.e., Biological Resources) within
Section V of this document, and mitigation measures have been recommended as applicable. No
additional mitigation measures are necessary.
1111612005 65
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 6 is reduced to a less than
significant level.
Impact
INSIG Impact 7 Development of the proposed project, including the proposed Class I bikeway
within the Sacramento Drive extension easement, would increase bicycle lane
usage on Orcutt Road.
Mitigation Measures
Implement TR/mm -6, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 7 is reduced to a less than
significant level.
Impact
INSIG Impact 8 Construction activities along the Orcutt Road and Broad Street frontages
would result in short-term impacts to recreational and commuter bicyclists.
Mitigation Measures
INSIG /mm -6 Prior to initiating construction, the applicant shall coordinate with the City
Public Works Department and provide the following:.
a. Signage along the length of all affected roads advising bicyclists of the
temporary construction and the estimated period of construction along
these routes.
b. Signage for an alternative bike route when existing routes are affected by
construction.
c. Signage alerting bicyclists and vehicular traffic of the need to exercise
caution.
INSIG /mm -7 During construction activities adjacent to the edge of pavement, construction
crews shall keep all equipment off of the paved roadway to the maximum
extent feasible to allow bicyclists to continue to use the road. (Note:
Exceptions to this measure shall include situations where sensitive habitat is
located adjacent to roadways and where safety issues exist.)
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
INSIG /mm -8 During construction when equipment is located in the roadway, the applicant
shall provide one flag person to separately guide bicyclists and motor vehicles
past the construction zone.
INSIG /mm -9 Upon completion of construction adjacent to Broad Street and Orcutt Road,
the applicant shall replace all bicycle lanes that have been damaged by the
construction process to City standards. In addition, if any paint is scuffed, the
applicant shall repaint the affected bicycle lane markings.
Finding:
Mitigation Has Been Incorporated into the Project. The City fords that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 8 is reduced to a less than
significant level.
4. Other Issues
Impact
INSIG Impact 9 The solid waste stream generated by the project would result in less than
significant energy impacts.
Mitigation Measures
INSIG /mm -10 Construction Solid Waste Minimization. During the construction phase of the
project, the following measures shall be implemented to reduce solid waste
generation to the maximum extent feasible:
a. The applicant shall develop and implement a Solid Waste Management
Program. The program shall identify the amount of waste generation .
projected during processing of the project.
b. Prior to construction, the applicant shall arrange for construction recycling
service with a waste collection provider. Roll -off bins for the collection of
recoverable construction materials shall be located onsite. Wood,
concrete, drywall, metal, cardboard, asphalt, soil, and land clearing debris
shall all be recycled.
c. The applicant shall designate a person to monitor recycling efforts and
collect receipts for roll -off bins and/or construction waste recycling. All
subcontractors shall be informed of the recycling plan, including which
materials are to be source- separated and placed in proper bins.
d. The applicant shall use recycled materials in construction wherever
feasible.
e. The above construction waste recycling measures shall be incorporated
into the construction specifications for the contractor.
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Four Creels Rezoning Project CEQA Findings - Exhibit A
INSIG /mm -11 Occupancy Solid Waste Minimization. During the long -term occupancy
phase of the project, the following measures shall be implemented to reduce
solid waste generation to the maximum extent feasible.
a. General Solid Waste. Space shall be allotted for storage of smaller
recyclable materials such as glass and plastic bottles and aluminum cans.
Such space shall be specified on building plans.
b. Gardening Waste. The following measures shall be the responsibility of
the applicant.
i. Landscape design trees shall be selected for the appropriate size and
scale to reduce pruning waste over the long -term.
ii. Slow - growing, drought- tolerant plants shall be included in the
landscape plan. Drought- tolerant plants require less pruning and
generate less long -term pruning waste, require less water, and require
less fertilizer than non drought- tolerant plants.
iii. Woody waste generated in the open space and park areas shall be
chipped and used as mulch, to the maximum extent feasible. The
chipped garden waste shall be directly applied soon after chipping.
Excess woody waste from the open space /park areas that is not utilized
as mulch shall be hauled offsite by the maintenance crew. Whenever
possible, grass clippings shall be re- applied directly to the turf areas
through the use of mulch mowers.
Finding:
Mitigation Has Been Incorporated into the Project. The City fords that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 9 is reduced to a less than
significant level.
Impact
INSIG Impact 10 The proposed turning radii in the Tumbling Waters portion of the project do
not allow for adequate access of emergency response vehicles.
Mitigation Measures
Implement TR/mm -15, as described above.
Finding:
Mitigation Has Been Incorporated into the Project. The City finds that the proposed
mitigation measures are feasible and have been adopted. With the proposed mitigation measures
incorporated into the project as conditions of approval, INSIG Impact 10 is reduced to a less than
significant level.
1111612005 68
Four Creeks Rezoning Project CEQA Findings - Exhibit A
VI. CUMULATIVE AND GROWTH INDUCING IMPACTS
A. CUMULATIVE IMPACTS
State CEQA Guidelines Section 15355 defines cumulative impacts as
"two or more individual effects which, when considered together, are considerable or which
compound or increase other environmental impacts". Further, "the cumulative impact from
several projects is the change in the environment which results from the incremental impact of
the project when added to other closely related past, present, and reasonably foreseeable
probable future projects. Cumulative impacts can result from individually minor but collectively
significant projects taking place over a period of time. "
The Guidelines require the discussion of cumulative impacts to reflect the severity of the impacts
and their likelihood of occurrence. However, the discussion need not be as detailed as the
analysis of impacts associated with the project, and should be guided by the rule of reason.
Cumulative impacts associated with Four Creeks Rezoning Project are discussed in the topical
analysis sections provided in Section V of the Final EIR.
Findings
1. Mitigation measures have been incorporated into the project that reduce cumulative impacts
to less than significant levels. Except for the impact listed below, the City finds that the
mitigation measures identified in Section V above are feasible and have been adopted to
reduce the cumulative impacts of the proposed project.
2. Mitigation measures have been incorporated into the project, which avoid or substantially
lessen AQ Impact 8 identified in the Final EIR; however, this impact remains significant and
unavoidable. The City has determined that AQ Impact 8 is acceptable by reason of the
overriding considerations discussed in Section VIII.
B. GROWTH INDUCING IMPACTS
Pursuant to Section 15126.2(d) of the State CEQA Guidelines, an EIR must address whether a
project would directly or indirectly foster growth. Section 15126.2(d) reads as follows:
"An EIR shall discuss the ways in which the proposed project could foster economic or
population growth, or the construction of additional housing, either directly or indirectly, in the
surrounding environment. Included in this are projects, which would remove obstacles to
population growth (a major expansion of wastewater treatment plant, might, for example, allow
for more construction in service areas). Increases in the population may further tax existing
community service facilities so consideration must be given to this impact. Also discuss the
characteristic of some projects, which may encourage and facilitate other activities that could
significantly affect the environment, either individually or cumulatively. It must not be assumed
that growth in any area is necessarily beneficial, detrimental, or of little significance to the
environment. "
1111611005 69
Four Creeks Rezoning Project CEQA Findings - Exhibit A
As discussed in this section, this analysis evaluates whether the proposed project would directly,
or indirectly, induce economic, population, or housing growth in the surrounding environment.
Findings
Population Growth: The 264 housing units of the proposed project would increase the
population of the City of San Luis Obispo by approximately 599 residents (264 housing units
x 2.27 persons per household based (U.S. Census 2000)). Based on the City's estimated 2004
population of 44,176 residents, an additional 599 residents would account for an approximate
1.34 percent increase in population. The addition of 264 units of housing to the City's total of
19,306 housing units (US Census 2000) would also represent an increase of approximately
1.34 percent in the number of housing units within the City. This increase in population is not
considered a substantial increase in the overall population of the City in terms of percentage,
and therefore is not considered significant on a communitywide basis.
2. Economic Growth: Normally, economic issues are not discussed in an EIR unless there is a
nexus with a physical impact on the environment (CEQA Guidelines Section 15131). CEQA
states that economic or social information may be included in an EIR or may be presented in
whatever form the agency desires. It also goes on to state in subsection (a) that "...economic
or social effects of a project shall not be treated as significant effects on the environment. An
EIR may trace a chain of cause and effect from a proposed decision on a project through
anticipated economic or social changes resulting from the project to physical changes caused
in turn by the economic or social changes. The intermediate economic or social changes
need not be analyzed in any detail greater than necessary to trace the chain of cause and
effect. The focus of the analysis shall be on the physical changes."
A market feasibility study was not conducted for the proposed project. Therefore, the
feasibility of the project and a cost - benefit analysis is not known. However, it is certain that
a mixed -use commercial project of this size would bring an increase in revenue resulting in
growth inducing impacts to the area. The effects will indirectly provide change in the social
and economic environment of the area and these changes may be considered beneficial or
adverse depending upon one's social perspective and desires for the growth of the area.
3. Employment Opportunities: Based on estimates from similar projects, the commercial
components of the proposed project are expected to employ approximately 60 people.
Additionally, there would be short-term employment opportunities during the construction of
both components of the proposed project. Given the ample supply of construction workers in
the local work force (both employed and unemployed), it is likely that a majority of these
workers would come from the local area. Long -term employment opportunities may include
part-time work, retail sales associates in low and moderate income ranges, with managers in
the higher income ranges. Most jobs, with the exception of managerial positions, are
secondary- income jobs and would likely go to spouses, students, and young adults. Although
there is a local employment base with the training to work at these commercial facilities, the
development could encourage a small number of persons relocating to the area, resulting in a
minor demand for housing, additional commuting, and secondary impacts to energy
consumption, air pollution, and an increase in traffic levels of service.
11/16/2005
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Four Creeks Rezoning Project CEQA Findings - Exhibit A
4. Employment Growth to Supporting Industries: The proposed project is considered growth
inducing because it would foster economic growth and employment not only for the project
itself but also for complimentary industries. Commercial developments require products and
supplies from existing industries to facilitate growth and success. These industries may
include: trucking, janitorial, advertising service, and service industries that serve the
secondary increase in employment base (food, sundries, etc.). The increase in supporting
industries could contribute to the cumulative need for more of these services in the area,
however it would not be considered significant for either primary service industries to the
commercial complex or the secondary service industries to the employees, and would not
likely attract new business to the area.
VII. FINDINGS FOR ALTERNATIVES TO THE PROPOSED PROJECT
A. INTRODUCTION
Six project alternatives were selected for review in the EIR because of their potential to avoid or
substantially lessen project impacts, or because they were required under CEQA Guidelines (e.g.,
the no project alternative). These alternatives include the following:
1. No Project Alternative
2. Alternative Land Uses Under the R -4 -PD, C -S -PD, and R -4 -S Designations
3. Reduced Density Alternative
4. Redesigned Project Alternative
5. Mitigated Project Alternative
6. Environmentally Superior Alternative
The Alternatives section of the FEIR provides a qualitative analysis of the six alternatives and
the level of impact that would result if they were to be implemented. Those alternatives that were
determined to significantly reduce the environmental impacts associated with the proposed
project and that were determined to be feasible were compared to the proposed project (refer to
EIR Section VI).
B. DESCRIPTION OF ALTERNATIVES
Of these alternatives, all but the Alternative Land Uses Alternative have been brought forward
for further review. The Alternative Land Uses Alternative has been determined to be feasible for
implementation; however, it does not meet most of the basic objectives of the proposed project
and was therefore not considered further in the alternatives analysis.
1. No Project Alternative: Analysis of this alternative includes the assumption that future
development would occur onsite under the existing M -PD and C -S -S land use designations
and would likely include development of commercial retail stores and/or commercial office
building or warehouse manufacturing and retail facilities.
2. Alternative Land Uses Under the R -4 -PD, C -S -PD, and R -4 -S Designations: This alternative
considers the various land uses that would be allowed under the proposed rezone, other than
the mixed -use development proposed. Alternative land uses include: mobile home parks,
1111612005 71
0
u
Four Creeks Rezoning Project CEQA Findings - Exhibit A
residential care facilities, family day care homes, convents and monasteries, and
parks /playgrounds.
3. Reduced Density Alternative: This alternative would retain the mixed -use land uses of the
proposed project, but would involve a 75 percent reduction in the proposed residential and
commercial square footage in order to minimize environmental impacts.
4. Redesigned Project Alternative: This alternative was developed with the objective of
minimizing Class I noise and aesthetics impacts while maintaining the mixed -use character
of the proposed project. Under this alternative, buildings would be re- oriented and
redesigned.
5. Mitigated Project Alternative: This alternative would implement all of the EIR recommended
mitigation measures intended to reduce significant environmental impacts. With
implementation of mitigation measures, all Class I impacts would be reduced to
insignificance, with the exception of cumulative air quality.
6. Environmentally Superior Alternative: This is the alternative with the least amount of
environmental impacts.
C. FINDINGS
1. No Project Alternative: As compared to the proposed project, No Project Alternative would
minimize the following environmental impacts:
• Noise: There would be no residential development under the No Project Alternative.
Noise impacts would be significantly reduced because sensitive receptors would not
be exposed to outdoor activity area noise levels in excess of 60 dBA.
• Hazards: Under the No Project Alternative, maximum non - residential densities,
proposed commercial land uses, and maximum building coverage would be required
to comply with ALUP standards for non - residential development located within
Aviation Safety Area S -2. This would reduce airport hazards impacts to less than
significant levels, as compared to the proposed project.
• Utilities: Commercial retail, commercial offices, and warehouse retail uses generally
consume less water and produce less wastewater than high - density residential
development. Water and wastewater impacts would be less than with the proposed
project.
• Aesthetic Resources: Under the No Project Alternative, building heights would be
required to comply with City ordinances that limit building heights to 35 feet. This
reduction in building height, as compared with the proposed project, would reduce
aesthetic resources impacts to less than significant levels.
• Recreation: Implementation of the No Project Alternative would reduce impacts to
recreational resources, as compared to the proposed project, because there is no
residential component of the No Project Alternative that would increase the use of
existing recreational facilities or create the need for new parks.
1111612005 72
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Potentially adverse impacts associated with implementation of the No Project Alternative
that would be more severe than those associated with the proposed project include:
Transportation/Circulation: Depending on the type of commercial retail facility
developed under the No Project Alternative, there is the possibility for traffic volumes
to increase as compared to the proposed project
Biological resources, air quality, and geology /hydrology impacts would remain the same as
with the proposed project. The Class I impacts associated with cumulative air quality would
remain. The No Project Alternative would reduce environmental impacts overall and has
been determined to be feasible for implementation. The No Project Alternative does not meet
most of the basic objectives of the proposed project, namely the City's desire for mixed -use
development in this area; however, it has been included in this alternatives analysis, per
CEQA requirements.
2. Reduced Density Alternative: As compared to the proposed project, Reduced Density
Alternative would minimize the following environmental impacts:
• Biological Resources: Reduced densities and building coverage onsite would allow
for 20 -foot creek setbacks, as required by City ordinance. In addition, impacts to
sensitive resources would be reduced.
• Transportation/Circulation: The Reduced Density Alternative would lower the
projected traffic volumes and reduce transportation impacts.
• Air Quality: With lower traffic volumes, air quality impacts associated with vehicular
trips would also decrease. Short-term air quality impacts from construction activities
would remain approximately the same.
• Noise: The reduced density of development would allow for greater setbacks from
transportation noise sources, which would significantly reduce noise impacts to
sensitive receptors. Transportation noise impacts from vehicular traffic would also be
reduced, because development under the Reduced Density Alternative would result in
lower traffic volumes. Although noise impacts would be much less with the Reduced
Density Alternative than with the proposed project, noise impacts would remain
significant.
• Hazards: Under the Reduced Density Alternative, maximum non - residential densities,
proposed commercial land uses, and maximum building coverage would be required
to comply with ALUP standards for non - residential development located within
Aviation Safety Area S -2. This would reduce airport hazards impacts to less than
significant levels, as compared to the proposed project.
• Utilities: Generally speaking, a 75 percent reduction in overall density would equate
to an approximate 75 percent reduction in water usage and wastewater generation. It
is possible that this significant reduction in wastewater generation would allow for
development to occur prior to completion of the Tank Farm Regional Lift Station
project.
• Aesthetic Resources: Because densities and building coverage under the Reduced
Density Alternative would be less, building heights would not be as tall as with the
proposed project, which would reduce impacts to aesthetic resources.
1111612005 73
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Four Creeks Rezoning Project CEQA Findings - Exhi6it A
There are no potentially adverse impacts associated with implementation of the Reduced
Density Alternative that would be more severe than those associated with the proposed
project. Geology/hydrology and recreation impacts would remain the same as with the
proposed project. The Class I impacts associated with cumulative air quality would remain.
The FEIR identified that the Reduced Density Alternative would reduce environmental
impacts overall, would meet most of the basic objectives of the proposed project, and has
been determined to be feasible for implementation; however, this project has not been
identified as the Environmentally Superior Alternative and will not be incorporated into the
proposed project.
4. Redesigned Project Alternative: As compared to the proposed project, Redesigned Project
Alternative would minimize the following environmental impacts:
• Noise: Noise impacts would be significantly reduced through the addition of interior
and exterior noise attenuation strategies and the reorientation of residential structures.
Although noise impacts would be much less with the Redesigned Project Alternative
than with the proposed project, noise impacts would remain significant.
• Aesthetic Resources: Under the Redesigned Project Alternative, building heights
would be limited to 35 feet. This reduction in building height, as compared with the
proposed project, would reduce aesthetic resources impacts to less than significant
levels.
There are no potentially adverse impacts associated with implementation of the Redesigned
Project Alternative that would be more severe than those associated with the proposed
project. Biological resources, transportation/circulation, air quality, hazards, utilities,
geology/hydrology, and recreation impacts would remain the same as with the proposed
project. The Redesigned Project Alternative would reduce environmental impacts overall,
would meet most of the basic objectives of the proposed project, and has been determined to
be feasible for implementation; however, this project has not been identified as the
Environmentally Superior Alternative and will not be incorporated into the proposed project.
5. Mitigated Project Alternative (Environmentally Superior Alternative): As compared to the
proposed project, Mitigated Project Alternative would minimize environmental impacts in all
issue areas. All identified Class I impacts would be fully mitigated (i.e., reduced to less than
significant levels), with the exception of cumulative air quality. The Mitigated Project
Alternative would reduce significant environmental impacts and meet most of the basic
objectives of the proposed project, and has been determined to be feasible for
implementation. Because the Mitigated Project Alternative is feasible for implementation and
reduces environmental impacts to a greater extent than the proposed project, the Mitigated
project Alternative has been identified as the Environmentally Superior Alternative. Portions
of the Environmentally Superior Alternative have been incorporated into the proposed
project, with the exception of mitigation measures AES /mm -1 and AES /mm -3. Alternate
mitigation measures have been developed; however, even with implementation of the
alternate mitigation measures aesthetic impacts remain significant and unavoidable. The City
1111612005 74
Four Creeks Rezoning Project CEQA Findings - Exhibit A
has determined that these impacts are acceptable by reason of the overriding considerations
discussed in Section VII.
VIII. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The CEQA Findings for the Four Creeks Rezoning Project identifies the following significant
and unavoidable impacts of the project:
• AQ Impact 8: Cumulative air quality impact
• AES Impact 4: Construction of project components that would be out -of -scale with the rest
of the project, the setting, and inconsistent with the pedestrian viewing experience.
For projects which would result in significant environmental impacts that cannot be avoided,
CEQA requires that the lead agency balance the benefits of these projects against the
unavoidable environmental risks in determining whether to approve the projects. If the benefits
of these projects outweigh the unavoidable impacts, those impacts may be considered acceptable
(CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such projects, the
public agency adopt a Statement of Overriding Considerations setting forth the reasons why the
agency finds that the benefits of the project outweigh the significant environmental effects
caused by the project. This statement is provided below.
B. FINDINGS
The City has incorporated all feasible mitigation measures into the project. Although these
measures will significantly lessen the unavoidable impacts listed above, the measures will not
fully avoid these impacts. The City has also examined a reasonable range of alternatives to the
project and has incorporated portions of these alternatives into the project in order to reduce
impacts.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of
the proposed project against its unavoidable environmental risks. For the reasons specified
below, the City finds that the following considerations outweigh the proposed project's
unavoidable environmental risks:
1) Implementation of the General Plan: The project implements a major program of the
General Plan Housing Element by re- designating land for high density residential
development (HE 6.3.7). The project will allow the City to pursue existing Housing
Element policies for Mixed - Income Housing (HE 4.1), Housing Variety and Tenure (5.0),
Housing Production (6.1) and Neighborhood Quality (7.1). The project also implements
goals and policies of the Land Use Element, including Goal 31, which promotes infill
development and a compact urban form. The project is consistent with the Land Use
Element policies for development of residential neighborhoods, including Residential
Project Objectives (LUE 2.2.12). The project is also consistent with the Open Space
Element and respects and preserves significant habitat areas on the project site to maintain
1111612005 75
O •
Four Creeks Rezoning Project CEQA Findings - Exhibit A
the health of the riparian corridors, which will help to provide the developed project with a
unique sense of place. The project also implements important plans for improvements
identified in the Circulation Element, including the widening of Orcutt Road to arterial
standards and the connection of Sacramento Drive to Orcutt Road, facilitating area -wide
circulation.
2) Provision of Affordable Housing: The project will provide affordable housing to the
residents of San Luis Obispo in a manner that exceeds the requirements of the City's
Inclusionary Housing Ordinance. This is made possible because of the proposed density of
development, which creates the significant and unavoidable impacts of the project. The
Tumbling Waters project will provide 12 affordable units. In conjunction with the City of
San Luis Obispo, the developer is proposing to establish a fiind of approximately $500,000
to use for interest rate buy - downs, making the units affordable to moderate income
households. In addition to this fund, the State BEGIN program has awarded the City a grant
of $300,000 to use for direct down payment assistance. The project qualified for the
BEGIN program because the proposed City actions (re- designating land for high density
development) facilitates housing development and helps the State meet its affordable
housing goals. The Creekston project also provides affordable housing — through its density
and design. Consistent with Table 2a of the Housing Element, the Creekston project is
considered "affordable by design" with 43 units out of 86, or 50% of the dwellings,
proposed to have 850 square -foot, 1- bedroom floor plans.
IX. MITIGATION MONITORING AND REPORTING PLAN
A. STATUTORY REQUIREMENT
When a Lead Agency makes findings on significant environmental effects identified in an EIR,
the agency must also adopt a "reporting or monitoring program for the changes to the project
which it has adopted or made a condition of approval in order to mitigate or avoid significant
effects on the environment" (Public Resources Code section 21081.6(a) and CEQA Guidelines
sections 15091(d) and 15097). The Mitigation Monitoring and Reporting Plan (MMRP) is
implemented to ensure that the mitigation measures and project revisions identified in the EIR
are implemented. Therefore, the MMRP must include all changes in the proposed project either
adopted by the project proponent or made conditions of approval by the Lead or Responsible
Agency.
B. ADMINISTRATION OF THE MMRP
The City of San Luis Obispo is the Lead Agency responsible for the adoption of the MMRP for
the Four Creeks Rezoning Project, if the project is approved. According to CEQA Guidelines
section 15097(a), a public agency may delegate reporting or monitoring responsibilities to
another public agency or to a private entity that accepts the delegation. However, until mitigation
measures hav° been completed, !be Lead Agency remains responsible for ensuring that the
implementation of thc measure occurs ir. accordarc? with the program.
11116/2005 76
C.
Four Creeks Rezoning Project CEQA Findings - Exhibit A
Mitigation measures listed in the Four Creeks Rezoning Project MMRP will be primarily
implemented by the project applicants, under the oversight of the City of San Luis Obispo and/or
an approved environmental monitor acting of the City's behalf.
C. MITIGATION MEASURES
The following mitigation measures have been recommended in the EIR. Included with each
mitigation measure are the Applicant Responsibilities, Party Responsible for Verification,
Method of Verification, and Verification Timing. For the purposes of this EIR, the timing
requirement "prior to issuance of building permits" includes issuance of all City permits for
grading and construction of the proposed project, including but not limited to grading permits,
permits for public improvements, and construction permits.
See Table beginning on the following page.
1111612005 77
9
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Table VIII -1
Mitigation Monitoring Program
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
BR/mm -1
Submit and
State Water
The City shall
Prior to
implement the
Resources Control
verify receipt,
issuance of
required plan.
Board; City of San
approval, and
building permits
Luis Obispo
proper
and throughout
implementation of
all phases of
the proposed plan
grading and
in accordance
construction
with the EIR
activities
mitigation
measure.
B10/mm-2
Comply with
City of San Luis
The retained
Throughout all
timing limitations.
Obispo;
Environmental
phases of
Environmental
Monitor or City
grading and
Monitor
Staff shall verify
construction
compliance with
activities.
required timing of
construction
activities.
B10/mm-3
Comply with
City of San Luis
The retained
Throughout all
equipment access
Obispo;
Environmental
phases of
and construction
Environmental
Monitor or City
grading and
limitations within
Monitor
Staff shall verify
construction
drainages.
compliance with
activities.
required
equipment access
and construction
limitations within
drainages.
BI0 1mm-4
Comply with storm
City of San Luis
The City shall
Throughout all
water BMPs, as
Obispo
verify proper
phases of
listed in the EIR.
implementation of
grading and
the approved
construction
SWPPP.
activities.
BI0 1mm -5
Comply with storm
City of San Luis
The City shall
Throughout all
water BMPs,
Obispo
verify proper
phases of
including
implementation of
grading and
permanent
the approved
construction
installation of
SWPPP.
activities.
filtration devices,
as listed in the
EIR.
B10 /mm -6
Comply with
City of San Luis
The retained
Throughout all
surfactant and
Obispo;
Environmental
phases of
herbicide
Environmental
Monitor or City
grading and
application
Monitor
Staff shall veri fy
construction
Final EIR 78
o •
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible-T
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
limitations.
compliance with
activities.
surfactant and
herbicide
application
limitations.
13I0 /mm -7
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo;
verify receipt,
issuance of
required plans.
Environmental
approval, and
building permits
Monitor
proper
and throughout
implementation of
all phases of
the proposed plan
grading and
in accordance
construction
with the EIR
activities
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
riparian setback
limitations in the
field.
BIO /mm-8
Submit and
City of San Luis
The City shall
Prior to
implement the
Obispo;
verify receipt,
issuance of
required
Environmental
approval, and
building permits
Revegetation and
Monitor
proper
and throughout
Restoration Plan.
implementation of
all phases of
the proposed plan
grading and
in accordance
construction
with the EIR
activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIO /mm -9
Obtain all required
U.S. Army Corps of
The City shall
Prior to
permits from
Engineers;
verify receipt of
recordation of
affected resource
California
copies of all
the final map
agencies.
Department of Fish
required resource
and issuance of
and Game;
agency permits/
grading permits.
Regional Water
authorizations or
Final EIR 79
O
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
Quality Control
documentation
Board; City of San
from the resource
Luis Obispo
agency that the
permit/
authorization is
not needed.
8I0/mm -10
Provide funding
City of San Luis
The City Natural
Prior to
for a City-
Obispo
Resources
issuance of
approved
Manager shall
building permits.
Environmental
verify
Monitor and
qualifications of
ensure submittal
Environmental
of required
Monitor. The
monitoring
retained
reports.
Environmental
Monitor shall
submit monitoring
reports to the City
Community
Development
Department (if
necessary).
810 /mm -11
Submit and
City of San Luis
The City shall
Prior to
implement the
Obispo;
verify receipt,
issuance of
required
Environmental
approval, and
building permits
Revegetation and
Monitor
proper
and throughout
Restoration Plan.
implementation of
all phases of
the proposed plan
grading and
in accordance
construction
with the EIR
activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
610 1mm -12
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo;
verify receipt,
issuance of
required plans.
Environmental
approval, and
building permits
Monitor
proper
and throughout
implementation of
all phases of
the proposed plan
grading and
in accordance
construction
with the EIR
activities
Final EIR 80
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
riparian setback
limitations in the
field.
B101mm -13
Submit and
City of San Luis
The City shall
Prior to
implement the
Obispo;
verify receipt,
issuance of
required
Environmental
approval, and
building permits
Revegetation and
Monitor
proper
and throughout
Restoration Plan,
implementation of
all phases of
the proposed plan
grading and
in accordance
construction
1
with the EIR
activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIOlmm -14
Submit and
City of San Luis
The City shall
Prior to
implement the
Obispo;
verify receipt,
issuance of
required
Environmental
approval, and
building permits
Revegetation and
j Monitor
proper
and throughout
Restoraton Plan.
implementation of
a!I phases of
I
the proposed plan
I grading and
in accordance
construction
with the EIR
activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIOlmm -15
Retain qualified
California
The City shall
Prior to
individual to
Department of Fish
verify recei t of
issuance of
Final EIR 81
C;
0
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible-F
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Ti min
conduct surveys,
and Game; City of
plant survey
building permits
and, if necessary,
San Luis Obispo
results, and, if
and throughout
submit and
necessary,
all phases of
implement the
receipt, approval,
grading and
Sensitive Plant
and proper
construction
Species
implementation of
activities.
Revegetation and
the proposed
Restoration Plan.
Sensitive Plant
Species
Revegetation and
Restoration Plan
in accordance
with the EIR
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Sensitive
Plant Species
Revegetation and
Restoration Plan
in the field.
8101mm -16
Submit and
City of San Luis
The City shall
Prior to
implement the
Obispo;
verify receipt,
issuance of
required Sensitive
Environmental
approval, and
building permits
Plant Species
Monitor
proper
and throughout
Revegetation and
implementation of
all phases of
Restoration Plan.
the proposed plan
grading and
in accordance
construction
with the EIR
activities.
mitigation
measure. The
retained
Environmental
Monitor or City
Staff shall verify
compliance with
the Revegetation
and Restoration
Plan in the field.
BIO /mm -17
Retain qualified
City of San Luis
The City shall
Prior to
individual to
Obispo;
verify receipt of
commencement
conduct surveys;
Environmental
pre- construction
of grading and
modify
Monitor
survey results and
construction
Final EIR 82
C�
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification.
Measure
Responsibilities
for Verification
Verification
Timing
construction
recommendations.
activities
location and
The retained
between
schedule as
Environmental
November 1
necessary to
Monitor or City
and March 1,
avoid active
Staff shall verify
and throughout
roosts.
compliance with
all phases of
the survey
grading and
recommendations
construction
in the field.
activities, as
necessary.
610 1mm -18
Retain qualified
California
The City and the
One week prior
individual to
Department of Fish
California
to
conduct surveys;
and Game; City of
Department of
commencement
modify
San Luis Obispo;
Fish and Game
of grading and
construction
Environmental
shall verify receipt
construction
location and
Monitor
of pre-
activities
schedule as
construction
between March
necessary to
survey results and
1 and August
avoid nesting
recommendations.
31, and
sites.
The retained
throughout all
Environmental
phases of
Monitor or City
grading and
Staff shall verify
construction
compliance with
activities, as
the survey
necessary.
recommendations
in the field.
TR/mm -1
Design necessary
City of San Luis
The City shall
Proposed
intersection
Obispo; Director of
verify receipt,
design shall be
improvement;
Public Works
approval, and
submitted,
and, complete
proper
reviewed, and
approved
implementation of
approved prior
intersection
the proposed
to issuance of
improvements or
intersection
building permits.
deposit required
improvement
Approved
mitigation fees.
design in
intersection
accordance with
improvements
the EIR mitigation
shall be
measure.
completed or
mitigation fees
shall be paid
prior to
issuance of
occupancy
permits
TR/mm -2
Design and install
City of San Luis
The City shall
Prior to
intersection
Obispo; Director of
verify receipt,
issuance of
improvements.
Public Works
approval, and
occupancy
Final EIR 83
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
proper
permits.
implementation of
the proposed
intersection
improvement
design in
accordance with
the EIR mitigation
measure.
TRImm4
Design necessary
City of San Luis
The City shall
Prior to
roadway
Obispo; Director of
verify receipt,
issuance of
improvements;
Public Works
approval, and
occupancy
and, complete
proper
permits.
approved roadway
implementation of
improvements or
the proposed
deposit required
roadway
mitigation fees.
improvement
design in
accordance with
the EIR mitigation
measure.
TRlmm -5
Design necessary City of San Luis
The City shall
Proposed
roadway Obispo; Director of
verify receipt,
design shall be
improvements; Public Works
approval, and
submitted,
and, complete
proper
reviewed, and
approved roadway
implementation of
approved prior
improvements or
the proposed
to issuance of
deposit required i
roadway
building permits.
mitigation fees
improvement
Approved
i
design in
roadway
accordance with
improvements
the EIR mitigation
shall be
I
measure.
completed or
mitigation fees
shall be paid
prior to
issuance of
occupancy
permits.
_
TWWim -6
Submit and City of San Luis
The City shall
Prior to
implement Obispo; Director of
verify receipt,
issuance of
required plans. Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
I
mitigation
Final.r_'R - - - - -._. _ ___. --- -- - -- - - -- 84
(7 \J
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
measure.
TRImm -7
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plans.
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -8
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plans.
Public Works; San
approval, and
building permits.
Luis Obispo Transit
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -9
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plans.
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRlmm -10
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt;
issuance of
required plans.
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -11
Stripe "Keep
City of San Luis
The City shall
Prior to
Clear" legend
Obispo; Director of
verify installation
occupancy
Public Works
of the roadway
clearance.
improvement in
accordance with
the EIR mitigation
measure.
Final EIR 85
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
TR/mm -12
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of '
verify receipt,
issuance of
required plans.
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -13
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plans.
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRImm -14
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plans.
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TR/mm -15
Submit and
City of San Luis
The City, in
Prior to
implement
Obispo; Director of
consultation with
issuance of
required plans.
Public Works; San
the City Fire
building permits.
Luis Obispo City
Department, shall
Fire Department
verify receipt,
approval, and
proper
implementation of
the proposed plan
in accordance
With the EIR
mitigation
measure.
TR/mm -16
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plans.
Public Works
approval, and
building permits.
proper
Final EIR 86
O C
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRlmm -17
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plans.
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
TRImm -20
Submit required
City of San Luis
City shall verify
Prior to
fees.
Obispo; Director of
submittal of
issuance of
Public Works
appropriate fees.
occupancy
permits .
TRImm -21
Submit required
City of San Luis
City shall verify
Prior to
fees.
Obispo; Director of
submittal of
issuance of
Public Works
appropriate fees.
building permits.
TRImm -21a
Submit required
City of San Luis
City shall verify
Prior to
fees.
Obispo; Director of
submittal of
issuance of
Public Works
appropriate fees.
buildin ermits.
TRImm -22
Submit required
City of San Luis
City shall verify
Prior to
fees.
Obispo; Director of
submittal of
issuance of
Public Works
appropriate fees.
occupancy
permits.
AQImm -1
Submit and
Air Pollution
The City shall
Prior to
implement
Control District;
verify receipt,
issuance of
required plan.
City of San Luis
approval, and
grading permits.
Obispo
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -2
Submit and
Air Pollution
The City shall
Prior to
implement
Control District;
verify receipt,
issuance of
required reports
City of San Luis
approval, and
grading permits.
and plans.
Obispo
proper
implementation of
the proposed plan
in accordance
Final EIR 87
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
with the EIR
mitigation
measure.
AQ/mm -3
Obtain necessary
Air Pollution
The City shall
Prior to
permits
Control District;
verify receipt of
issuance of
City of San Luis
necessary APCD
grading permits.
Obispo
permits
AQ/mm4
Submit and
Air Pollution
The City shall
Prior to
implement
Control District;
verify receipt,
issuance of
required plan.
City of San Luis
approval, and
grading permits.
Obispo;
proper
Environmental
implementation of
Monitor
the proposed plan
in accordance
with the EIR
mitigation
measure. The
Environmental
Monitor shall
verify compliance
in the field
throughout all
phases of
construction.
AQ/mm -5
Obtain necessary
Air Pollution
The City shall
Prior to
Authority to
Control District;
verify receipt of
issuance of
Construct
City of San Luis
necessary APCD
grading permits.
Obispo
ermits
AQ/mm -6
Submit and
Air Pollution
The City shall
Prior to
implement
Control District;
verify receipt,
issuance of
required plan.
City of San Luis
approval, and
grading permits.
Obispo
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure. The
Environmental
Monitor shall
verify compliance
in the field
throughout all
phases of
construction.
A01mm -8
Conduct geologic
Air Pollution
The City shall
Prior to
analysis and
Control District;
verify receipt,
issuance of
submit required
City of San Luis
approval, and
building permits.
Final EIR 88
C 0
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
reports, plans,
Obispo
proper
and /or exemptions
implementation of
requests
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQImm -9
Conduct surveys
Air Pollution
The City shall
Prior to Plan
and submit
Control District;
verify receipt,
approval.
required reports,
City of San Luis
approval, and
plans, and
Obispo
proper
notifications
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -10
Submit and
Air Pollution
The City shall
Prior to
implement plans
Control District;
verify receipt,
issuance of
that include the
City of San Luis
approval, and
building permits.
required
Obispo
proper
measures.
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -11
Submit and
Air Pollution
The City shall
Prior to
implement plans
Control District;
verify receipt,
issuance of
that include the
City of San Luis
approval, and
building permits.
required
Obispo
proper
measures.
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQ/mm -12
Submit and
Air Pollution
The City shall
Prior to
implement plans
Control District;
verify receipt,
issuance of
that include the
City of San Luis
approval, and
building permits.
required
Obispo
proper
measures.
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
Final EIR 89
0 0
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
AQlmm -13
Submit and
Air Pollution
The City shall
Prior to
implement
Control District;
verify receipt,
issuance of
required plan
City of San Luis
approval, and
building permits.
Obispo
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQImm -14
Submit and
Air Pollution
The City shall
Prior to
implement plans
Control District;
verify receipt,
issuance of
that include the
City of San Luis
approval, and
building permits.
required measure.
Obispo
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AQlmm -15
NIA
Air Pollution
The City shall
Prior to
Control District;
coordinate with
approval of the
City of San Luis
the APCD to
development
Obispo
determine
plan.
appropriate
mixed -use
designations and
to determine
potential uses that
would require
APCD permit
approval.
NS /mm -1
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
NS /mm -2
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
building permits.
proper
implementation of
the proposed plan
Final EIR 90
u l�
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhihit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
in accordance
with the EIR
mitigation
measure.
NSImm -3
Submit required
City of San Luis
The City shall
Prior to final
report.
Obispo
verify receipt of
inspection or
the proposed
occupancy,
report in
which occurs
accordance with
first.
the EIR mitigation
measure..
NS /mm-4
Submit and
City of San Luis
The City shall
Prior to
implement plans
Obispo
verify receipt,
issuance of
that include the
approval, and
building permits.
required measure.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
NS /mm -5
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
NS /mm-6
Submit required
City of San Luis
The City shall
Prior to final
report.
Obispo
verify receipt of
inspection or
the proposed
occupancy,
report in
which occurs
accordance with
first.
the EIR mitigation
measure.
NS /mm-7
Develop CUR
City of San Luis
The City shall
Prior to
disclosures
Obispo
verify receipt of
recordation of
the CC &Rs
the Final Map
accordance with
the EIR mitigation
measure.
NS /mm -8
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
building permits..
proper
Final EIR 91
C
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
HAZImm -1
Submit and
Airport Land Use
The City shall
Prior to
implement revised
Commission; City
ensure that the
development
plans, if
of San Luis Obispo
project is referred
plan, rezoning,
necessary
to the ALUC; the
or general plan
ALUC shall
amendment
determine
approval
whether or not the
proposed project
is consistent with
the ALUP and
make any
necessary
recommendations
HAZImm -2
Develop CC &R
City of San Luis
The City shall
Prior to
disclosures
Obispo
verify receipt of
recordation of
the CC &Rs
the Final Map
accordance with
the EIR mitigation
measure.
HAZImm -5
Submit and
Airport Land Use
The City shall
Prior to
implement revised
Commission; City
ensure that the
development
plans, if
of San Luis Obispo
project is referred
plan, rezoning,
necessary
to the ALUC; the
or general plan
ALUC shall
amendment
determine
approval
whether or not the
proposed project
is consistent with
the ALUP and
make any
necessary
recommendations
HAZImm -6
Submit and
Airport Land Use
The City shall
Prior to
implement revised
Commission; City
ensure that the
development
plans, if
of San Luis Obispo
project is referred
plan, rezoning,
necessary
to the ALUC; the
or general plan
ALUC shall
amendment
determine
approval
whether or not the
proposed project
is consistent with
the ALUP and
Final EIR 92
O O
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
make any
necessary
recommendations
HAZImm -7
Develop CUR
City of San Luis
The City shall
Prior to
disclosures
Obispo
verify receipt of
recordation of
the CC &Rs
the Final Map
accordance with
the EIR mitigation
measure.
HAZImm -7a
Submit required
City of San Luis
The City shall
Prior to
documentation
Obispo
verify receipt of
issuance of
the required
occupancy
documentation
permits
accordance with
the EIR mitigation
measure.
HAZImm -7b
Develop CUR
City of San Luis
The City shall
Prior to
disclosures
Obispo
verify receipt of
recordation of
the CC &Rs
the Final Map
accordance with
the EIR mitigation
measure.
UTIUmm -1
Submit and
City of San Luis
The City shall
At the time of
implement
Obispo
verify receipt,
application for
required plan
approval, and
building permits,
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
UTIUmm -2
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo; Director of
verify receipt,
issuance of
required plan
Public Works
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
UTIUmm -3
Submit required
City of San Luis
City shall verify
Prior to
fees.
Obispo; Director of
submittal of
issuance of
Public Works
appropriate fees.
building permits.
UTIUmm4
Submit required
City of San Luis
The City shall
Prior to
documentation
Obispo; Director of
verify receipt of
issuance of
Final EIR 93
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhihit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
Public Works
the required
building permits
documentation
accordance with
the EIR mitigation
measure.
AES /mm -1
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
grading permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AES /mm -2
Submit revised
Architectural
The City shall not
Prior to
plans, if
Review
approve the
issuance of
necessary
Commission; City
project unless the
grading permits
of San Luis Obispo
findings identified
in the mitigation
measure can be
made
AES /mm -3
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
grading permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AESlinm -4
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan;
approval, and
grading permits;
install landscaping
proper
and prior to
and irrigation
implementation of
occupancy
the proposed plan
clearance
in accordance
with the EIR
mitigation
measure.
AES /mm -5
Submit revised
Architectural
The City shall not
Prior to
plans, if
Review
approve the
issuance of
necessary
Commission; City
project unless the
grading permits
of San Luis Obispo
findings identified
in the mitigation
measure can be
Final EIR 94
0
x
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A.
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
made
AES /mm -6
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AES /mm -7
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan.
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure. The
Plan shall also be
field verified by a
Certified Arborist
AES /mm-8
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
AES /mm -9
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan .
approval, and
building permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIG /mm -1
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
grading permits.
proper
Final EIR 95
t
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
Applicant
Party Responsible
Method of
Verification
Measure
Responsibilities
for Verification
Verification
Timing
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIGImm -2
Submit and
City of San Luis
The City shall
Prior to
implement
Obispo
verify receipt,
issuance of
required plan
approval, and
grading permits.
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIGImm -3
Retain City-
City of San Luis
The City shall
Prior to
approved
Obispo;
verify that a
commencement
archaeologist to
Environmental
qualified
of initial grading
conduct worker-
Monitor
archaeologist has
and grubbing
training
been retained to
conduct worker -
training;
Environmental
Monitor shall be
present at and
verify training
cnsite
INSIGImm -4
Submit and
City of San Luis
The City shall
During
implement
Obispo
verify receipt,
construction.
required plan, if
approval, and
necessary
proper
implementation of
the proposed plan
in accordance
with the EIR
mitigation
measure.
INSIGImm -5
Dedicate land or
City of San Luis
City shall verify
Prior to land use
pay required fees
Obispo
submittal of
permit issuance
appropriate fees.
INSIGImm -6
Provide the
City of San Luis
The City shall
Prior to initiating
required signage
Obispo; Director of
verify installation
construction
Public Works
of required
si na e.
INSIG /mm -7
Keep all
City of San Luis
The City and the
During
equipment off of
Obispo;
Environmental
construction
the paved
Environmental
Monitor shall
activities.
Final EIR 96
C i��
Four Creeks Rezoning Project Mitigation Monitoring and Reporting Plan Exhibit A
Mitigation
I Applicant
Party Responsible
Method of
Verification
Measure
I Responsibilities
for Verification
Verification
Timing
roadway to the
Monitor
verify that all
maximum extent
equipment is kept
feasible
off the paved
roadways, in
accordance with
the EIR mitigation
measure.
INSIGImm -8
Retain flag person
City of San Luis
The City and the
During
to guide motorists
Obispo;
Environmental
construction
and bicyclists, as
Environmental
Monitor shall
activities.
necessary
Monitor
verify that a flag
person is onsite,
in accordance
with the EIR
mitigation
measure.
INSIGImm -9
Replace all
City of San Luis
The City shall
Upon
damaged bicycle
Obispo
verify that all
completion of
lanes
bicycle lanes have
construction
been replaced.
adjacent to
Broad Street
INSIGImm -10
Implement
City of San. Luis
The City and the
During
required
Obispo
Environmental
construction
measures
Monitor shall
verify that all
construction solid
waste
minimization
measures have
been
implemented, in
accordance with
the EIR mitigation
measure.
INSIGImm -11
Implement
City of San Luis
The City and the
During the long -
required
Obispo
Environmental
term occupancy
measures
Monitor shall
phase of the
verify that all
project
occupancy solid
waste
minimization
measures have
been
implemented, in
accordance with
the EIR mitigation
measure.
Final EIR 97
J
Four Creeks General Plan Map Amendment - Exhibit B
Existing:
o �
ORCUTT /
o
\ Services and Manufacturing
j Creekston
Tumbling Waters
00 /
ROC
Proposed:
ORCUTT
��� o 0
RESOLUTION NO. 9746 (2005 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REQUESTING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES
(NACIMIENTO PIPELINE PROJECT), 2005 SERIES A, BY THE SAN LUIS OBISPO
COUNTY FINANCING AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $7,000,000, AUTHORIZING THE EXECUTION OF A PLEDGE
AGREEMENT AND OTHER MATTERS RELATED THERETO
WHEREAS, the City of San Luis Obispo (the "City ") is a chartered city and municipal
corporation duly organized under the laws of the State of California, and is authorized pursuant
to Article 4 of Chapter 5 of Division 7 or Title 1 of the California Government Code,
commencing with Section 6584, et seq. (the "Act "), to borrow money by the issuance of short -
term notes, the proceeds of which may be used and expended for any purpose for which the City
is authorized to spend moneys; and
WHEREAS, the City has heretofore entered into that certain Water Delivery Entitlement
Contract, dated as of July 7, 2004, as amended (the "Delivery Contract "), with the Flood Control
District of the County of San Luis Obispo (the "Flood Control District "), pursuant to which the
City has undertaken certain obligations with respect to the proposed construction of the
Nacimiento Pipeline (the "Pipeline "); and
WHEREAS, pursuant to the terms of the Delivery Contract, the City is obligated to pay
its pro rata share (the "City Share ") of the Design Phase Expenses (as that term is defined in the
Delivery Contract) for Pipeline construction, in an amount not to exceed $7,000,000; and
WHEREAS, the City has now elected to pay the City Share through the issuance of
certain bond anticipation notes (the "Authority Notes ") by the SLO County Financing Authority
(the "Authority ") on terms to be established upon the pricing and sale of the Authority Notes;
and
WHEREAS, the City has previously
enterprise (the "Water Enterprise "), for which
pledged (the "Senior Obligations "); and
incurred certain obligations against its water
the net revenues of the Water Enterprise are
WHEREAS, the City has determined to pledge available revenues of the Water
Enterprise on a basis subordinate to the pledge supporting the Senior Obligations for the payment
of scheduled interest on the Authority Notes, redemption premium thereon, if any, and, to the
extent that revenue bonds of the Authority to pay the long -term costs of the Pipeline ( "Revenue
Bonds ") are not timely issued and the Authority Notes are not rolled over, the principal thereof
(the "Pledged Revenues "); and
WHEREAS, in order to obtain the assistance of the Authority in fulfilling its obligations
with respect to the Pipeline, the City desires to apply to become an associate member of the
Authority; and
WHEREAS, in order to effect the preceding actions, there have been presented at this
meeting of the Council the following documents:
R 9746
C,,,.
Resolution No. 9746 (2005 Series)
Page 2
Form of Associate Membership Agreement (the "Membership Agreement "); and
2. Form of Pledge Agreement in favor of the Authority, pursuant to which the City
will pledge the Pledged Revenues to secure the Authority Notes; and
3. Draft Appendix A: The Water System ( "Appendix A ") intended to be used as an
appendix to the preliminary and final official statements of the Authority for the marketing and
sale of the Authority Notes.
NOW, THEREFORE, the Council of the City of San Luis Obispo (the "Council ") does
hereby resolve and determine as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. It hereby applies to the Authority for the status of Associate Member,
pursuant to the terms of the JPA Agreement, in order that the City may be able to meet its
obligations under the Delivery Contract.
Section 3. The Council hereby requests the Authority to issue the Authority Notes in
the aggregate principal amount of not to exceed $7,000,000 at an interest rate of not -to- exceed
4.5% per annum. The Authority Notes shall have a term of not to exceed (36) thirty -six months,
subject to the right of the Authority to roll the Authority Notes over for additional terms. The
Authority Notes shall provide by their terms that interest thereon shall be paid from Pledged
Revenues and that maturing principal shall be paid, first, from the proceeds of the Revenue
Bonds or roll -over bond anticipation notes of the Authority, and second, from Pledged Revenues.
Section 4. The forms of Membership Agreement and the Pledge Agreement, each by
and between the Authority and the City are hereby approved and the Director of Finance &
Information Technology of the City ( "Authorized Officer ") is hereby authorized and directed to
execute and deliver the Membership Agreement and the Pledge Agreement substantially in the
forms presented and considered by this meeting of the Council, with such changes therein,
deletions therefrom and modifications thereto as he shall approve, such approval to be
conclusively evidenced by the execution and delivery of each thereof.
Section 5. The draft Appendix A is hereby approved, in substantially the form
submitted to and considered by the City Council at this meeting, to be used in the disclosure
documents of the Authority respecting the Authority Notes, with such changes therein, deletions
therefrom and modifications thereto as the Authorized Officer shall approve, such approval to be
conclusively evidenced by his delivery to the Authority or its underwriter of a certification to
such effect.
Section 6. The net proceeds of the Authority Notes shall be applied towards the City
Share of Design Phase Expenses and for the payment of costs of issuance associated with the
Authority Notes, and for no other purpose; provided, that any excess proceeds may be applied to
the payment thereof at maturity.
Resolution No. 9746 (2005 Series)
Page 3
Section 7. The City hereby evidences its intention to comply in all respects with the
requirements of the Act and the Internal Revenue Code of 1986, as amended (the "Code "),
applicable to the Authority Notes and declares that the Authority Notes shall be allocable to the
City for purposes of Section 265(b)(3) of the Code.
Section 8. Members of the Council, City Officials and staff are hereby authorized
and directed, jointly and severally, to do any and all things and to execute and deliver any and all
documents which they may deem necessary or advisable in order to assist the Authority with the
issuance of the Authority Notes and otherwise carry out, give effect to and comply with the
terms and intent of this Resolution. Such actions heretofore taken by such officers, officials and
staff are hereby ratified, confirmed and approved.
Section 9. The City Clerk is hereby directed to certify a copy of this Resolution
promptly following its adoption and to deliver a copy hereof to the Authority and to Bond
Counsel for the Authority, being the law firm of Fulbright & Jaworski L.L.P.
Section 10. This Resolution shall take effect immediately upon its adoption.
Upon motion of Vice Mayor Ewan seconded by Council Member Settle and on the
following vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted on November 15, 2005.
kyj Rvem p. we I I •• •
FW 111I elyl9
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
J P. Lowell
City Attorney
C' �'
o C
RESOLUTION NO. 9745 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE MODIFICATION OF A PERMIT FOR OUTDOOR BARBEQUING
AT 600 MARSH STREET, AP -PC- 49 -04
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on June 23, 2004, pursuant to the appeals received on May 21, 2004 and June 1,
2004, and upheld the Hearing Officer's determination, approving a use permit to allow the
barbeque, based on findings, and subject to modified conditions; and
WHEREAS, an appeal of the Planning Commission's approval of the use permit was
received on July 2, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo considered testimony of the
applicant, interested parties and appellant, and the evaluation and recommendations by staff and
the Planning Commission and approved the use permit subject to ten conditions of approval on
August 3, 2004 as set forth in it's Resolution No. 9597 (2004 Series); and
WHEREAS, the City Council of the City of San Luis Obispo considered a modification to the
use permit to revise conditions of approval on November 1, 2005; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. As conditioned, the proposed use will not harm the general health, safety, and welfare of
those working and living in the vicinity because conditions of approval limiting the
number of barbeques, and the frequency and duration of their use have reduced the smoke
generated by the facility and its effect on the environment.
2. The continued use of the outdoor barbeque without further modifications or the
construction of a vent and hood system will not harm the general health, safety, and
welfare of those working and living in the vicinity because required modifications to the
business operations have satisfactorily reduced potential impacts related to smoke and
neighborhood compatibility.
3. The total required parking for the Old County Deli with the outdoor barbeque and
customer service area is seven spaces, which is provided with existing on -site parking
and through payment of in -lieu fees.
R 9745
Resolution No. 9745 (2005 senes)
Page 2
4. The use is consistent with General Plan Land Use Element Policy 4.16.1 which supports
street level activities, including restaurants, which benefit from and contribute to
pedestrian traffic, and; complies with Zoning Regulation requirements with approval of
this use permit.
5. The project is categorically exempt from environmental review (CEQA Guidelines,
Section 15301, Existing Facilities).
SECTION 2. Action.
The Council hereby modifies the use permit previously approved under its Resolution No. 9597
(2004 Series) by the removal of Condition No. 10. The use permit allowing the outdoor
barbeque shall remain in effect, subject to the following conditions:
1. Any new use, or change in use, at the subject address that is beyond the scope of this use
permit shall be submitted to the Community Development Director for review and
approval prior to the change.
2. Operation shall be limited to a single outdoor barbeque four days per week and legal
holidays, between the hours of 9:00 am and 5:00 pm and 9:00 am and 9:00 pm on
Thursdays. A second barbeque may be allowed on Thursdays between 2:00 pm and 8:00
pm with the location subject to approval of the City Fire Department. The fire may burn
down after operation hours. Consistent with these restrictions, a schedule of barbeque
days shall be provided to the Community Development Department Staff.
Building Department
3. An outdoor dining area will require accessible toilet rooms for patrons. If seating is
provided for 10 or more occupants, a separate toilet room must be provided for each sex.
4. As a food establishment, approval from the Health Department is required.
Fire Department
5. All barbeque pits shall be 10 feet from buildings and any combustible materials,
including live trees and landscaping.
6. No barbeque shall be moved once it is lit. Barbeques being used for the Thursday
evening Farmer's Market shall be moved into position on Higuera Street and lit at 4:45
pm in accordance with the Downtown Association's Guidelines.
7. All barbeque pits shall be extinguished by smothering or allowing the fire to burn out
until cool so as to minimize contaminated water entering storm drains.
Resolution No. 9745 (2005 series)
Page 3
Public Works Department
8. The parking -in -lieu fee, if proposed to satisfy parking requirements for the expanded use
and/or elimination of a parking space for said use shall be based on the fee requirement
for additions (expanded use) rather than the fee allowed for changes of occupancy. The
fee per parking space may be calculated based on the fee resolution in effect at the time
the use was purportedly established, $4,000 per space.
9. The project plans and description of operations shall be amended to preclude the runoff of
water from the firebox to the city street/public storm drain. The provisions for putting out
the fire shall be revised to use an alternate method to extinguish the fire or collect all
waters in the firebox or separate sump for disposal to an approved location.
Requirements for extinguishing fires, supervision of the BBQ operation, clearances to
combustible construction, etc. shall be reviewed and approved to the satisfaction of the
Fire Department.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this ls` day of November, 2005.
Mayor David F. Romero
ATTEST:
0
Audrey Hoo� r
City Clerk
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
��� o
���
RESOLUTION NO. 9744 (2005 Series)
ADDING PROPERTY LOCATED AT 1323 MILL STREET TO THE MASTER LIST OF
HISTORIC RESOURCES AND APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AND BRENDON AND KATHRYN MCADAMS, OWNERS OF A
DESIGNATED HISTORIC RESOURCE AT 1323 MILL STREET, SAN LUIS OBISPO.
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing
historical preservation program guidelines, including procedures for adding properties to the
listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on October 11, 2005 to consider a request by Dr. Brendon McAdams and Kathryn
McAdams, owners of 1323 Mill Street, to add said property to the Master List of Historic
Resources;
WHEREAS, said property was being considered for historic status, in part, because of its
architectural style, craftsmanship and aesthetic quality, and environmental design continuity with
its neighborhood setting; and
WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical
documentation on the property and recommended that the City Council add the property to the
Master List; and
WHEREAS, this City Council considered this recommendation during an advertised
public hearing on November 1, 2005, pursuant to historic. preservation guidelines established by
Council Resolution No. 6157 (1987 Series); and
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
R 9744
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Resolution No. 9744
Page 2
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001 - 223 -002, located at 1323 Mill Street, San Luis Obispo, California 93401, also
described as the Laird House, (hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et.seq.. of the Revenue
and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo based on the Cultural Heritage Committee's recommendation, documentation for the
property on file in the Community Development Department, public testimony, the staff report,
and on the City's Historical Preservation Program Guidelines, the following:
SECTION 1. Findings. The building located at 1323 Mill Street Johnson Avenue meets the
Historic Preservation Program Guidelines criteria for historic listing as a Master List Property under
Architectural Criteria I. Style - (3); 11 Design — (2); and V. Environmental Design Continuity —
(2), based on the following findings:
1. The property exemplifies traditional, vernacular and/or eclectic influences that
represent a particular social milieu and period of the community; and /or the
uniqueness of hybrid styles and how these styles are put together.
2. Overall attractiveness because of craftsmanship and aesthetic value, though not
necessarily unique.
3. Compatibility of a structure with neighboring structures in its setting on the basis of
period, style (form, height, roof lines), design elements, landscapes, and natural
features; and how these combine together to create an integral cultural, historic, or
stylistic setting.
SECTION 2. Addition to Master List of Historic Resources. The property and buildings
located at 1323 Mill Street, "The Laird House," hereby added to the Master List of Historic
Resources as a Type 5 Property, not eligible for the National Register of Historic Places but
O
Resolution No. 9744
Page 3
significant at a local level, based on historic documentation on file in the Community Development
Department, as described in Exhibit A.
SECTION 3. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement between the City of San Luis Obispo and the
owners, Attachment 1.
SECTION 4. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 5. Environmental Determination. The City Council has determined that the above
actions do not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 6. Recording of Historic Properties. The City Clerk is hereby directed to record the
properties' historic designation and legal description with the San Luis Obispo County Recorder,
pursuant to State Law.
SECTION 7. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
SECTION 8. Publish Revised Master List of Historic Resources. The Community
Development Director is hereby directed to amend the Master List of Historic Resources to include
the property listed above and to publish a revised Inventory of Historic Resources for public
distribution.
Upon motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: None
O
Resolution No. 9744
Page 4
•
The foregoing Resolution was adopted this I" day of November 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
Jonat ` well
City Attorney
Resolution No. 9744 (2005 Series)
EXHIBIT A
LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY
Following is the legal description of the property added to the City of San Luis Obispo's
Master List of Historic Resources, by City Council Resolution No. 9744 (2005 Series):
1323 Mill Street, San Luis Obispo, California. (Historic Name: "Laird House ")
City of San Luis Obispo, Block 42, Portions of Lots 1 & 2 (Assessor's Parcel Number
001- 223 -002). Owners: Dr. Brendan and Kathryn McAdams.
0
•
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1323 MILL STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA.
THIS AGREEMENT is made and entered into this 1 �f day of N(DV" (, 2005, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City "), and Brendan and Kathryn McAdams (hereinafter referred to as "Owners "), and
collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance and
improvements measures described in "Exhibit A ", attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date, such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining..
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
o •
Historic Property Agreement, 1323 Mill Street
Page 2
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings; interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, to the satisfaction of the Community Development Director or his
designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre- arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans; City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic.
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character -
defining architectural features such as oak and mahogany details, pillars and arches,
special tilework or architectural ornamentation, to the greatest extent possible.
D. The Community Development Director shall be notified by the Owner of changes to
character - defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, remodeling,
or other exterior alterations requiring a building permit. The Owner agrees to secure all
necessary City approvals and/or permits prior to changing the building's use or
commencing construction work.
E. Owner agrees that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
design, as determined by the Community Development Director.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
Historic Property Agreement, 1323 Mill Street _
Page 3
G. and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owners' compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owner has breached any of the conditions of this agreement or has allowed the property
to deteriorate to the point that it no longer meets the standards for a qualified historic
property; or if the City determines that the Owner has failed to preserve, maintain or
rehabilitate the property in the manner specified in Section 4 of this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 1/2% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement by the
Owner, the City shall give written notice of violation to the Owner by registered or
certified mail addressed to the address stated in this agreement. If such a violation is not
corrected to the reasonable satisfaction of the Community Development Director or
designee within thirty (30) days thereafter, or if not corrected within such a reasonable
time as may be required to cure the breach or default of said breach; or if the default
cannot be cured within thirty (30) days (provided that acts to cure the breach or default
may be commenced within thirty (30) days and shall thereafter be diligently pursued to
completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically
enforce the obligations of the Owner growing out of the terms of this agreement, apply to
Historic Property Agreement, 1323 Mill Street
Page 4
any court, state or federal, for injunctive relief against any violation by the owners, or
apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property
located at 1323 Mill Street, San Luis Obispo, Califomia, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owner hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners: Brendon and Kathryn McAdams
1323 Mill Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
01 •
Historic Property Agreement, 1323 Mill Street
Page 5
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owner, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owner hereby agrees to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by, reason of the Owner's activities in
connection with the historic property, excepting however any such claims or actions
which are the result of the sole negligence or willful misconduct of City, its officers,
agents or employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whither or not the City prepared, supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such
proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition
to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
be effected thereby.
G. This agreement shall be construed and governed in accordance with the laws of the State
of California.
C •
Historic Property Agreement, 1323 Mill Street
Page 6
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owner; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the city and owners have executed this agreement on the day
and year written above.
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor Date
OWNERS
Brendan Mc dams Date
Kathrytf McAdams
OF CA)
) ss.
't` y PO )
On this day of Gc a
for said State, persona appeared
the City of San Luis Obis a munic
the State of California.
Witness my h
2005, before me, the undD
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Nkd and official seal.
Date
gned, a Notary Public in and
IN e to be the mayor of
P-anized under the laws of
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On November 14, 2005, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Oty Clerk
(Seal)
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 17 /S Tby I c— PIUS&A4J471017
Document Date: -Number of Pages:
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EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1323 MILL STREET, SAN LUIS OBISPO, CALIFORNIA.
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development
Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis
Obispo for property located at 1323 Mill Street. Character - defining features shall include, but are
not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors
and windows, window screens and shutters, balustrades and railings, foundations, and surface
treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this
contract, but in no case later than November 1, 2015, or ten (10) years from the contract date,
which ever comes first. All changes or repairs shall be consistent with the City's Historic
Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment
of Historic Properties:
A. Replace roof.
B. Repair broken wall stucco.
C. Repair and repaint exterior stucco and trim.
D. Replace old plumbing and sewer lateral.
E. Replace and maintain landscaping and irrigation.
F. Correct basement water leakage.
G. Repair and maintain casement windows.
H. Add appropriate low -level safety lighting at entries.
OWNERS
Brendan McAdams
Kathryn McAdams
JH/u -26-05
Date
Date
O
RESOLUTION NO. 9743 (2005 Series)
APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF
SAN LUIS OBISPO, STATE OF, CALIFORNIA, AND RUSSELL AND REA BERG,
OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1306 MILL STREET,
SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001 - 214 -004, located at 1306 Mill Street, San Luis Obispo, California 93401, also
described as the Lind House, (hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as a historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part.5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. sea. of the Revenue
and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby
approves the attached historic preservation agreement between the City of San Luis Obispo and
the owners, Attachment 1.
R 9743
Resolution No. 9743 (2005 Series)
Page 2
SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council
hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of
San Luis Obispo.
SECTION 3. Environmental Determination. The City Council has determined that
this historic preservation agreement is not a project, as defined by Section 15378 of the
California Environmental Quality Act and is exempt from environmental review.
SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the
parties execute and enter into said agreement, the City Clerk shall cause this agreement to be
recorded in the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1" day of November 2005.
e�G _ _ P
Mayor David David F. Romero
F.%110:1.11
LZ 5�'� 4�' Z' � cx! ��
Audrey oper
City Cle
Jon . Lowell
City Attorney
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1306 MILL STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA.
THIS AGREEMENT is made and entered into this day of NN 2005, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City "), and Russell and Rea Berg (hereinafter referred to as "Owners "), and collectively referred
to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance and
improvements measures described in "Exhibit A ", attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date, such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:.
Historic Property Agreement. 1306 Mill Street
Page 2
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character- defining features; including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, to the satisfaction of the Community Development Director or his
designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans, City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character -
defining architectural features such as oak and mahogany details, pillars and arches,
special tilework or architectural ornamentation, to the greatest extent possible.
D. The Community Development Director shall be notified by the Owner of changes to
character - defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, remodeling,
or other exterior alterations requiring a building permit. The Owner agrees to secure all
necessary City approvals and/or permits prior to changing the building's use or
commencing construction work.
E. Owner agrees that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
design, as determined by the Community Development Director.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
Historic Property Agreement, 1306 Mill Street
Page 3
G. and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owners' compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owner has breached any of the conditions of this agreement or has allowed the property
to deteriorate to the point that it no longer meets the standards for a qualified historic
property; or if the City determines that the Owner has failed to preserve, maintain or
rehabilitate the property in the manner specified in Section 4 of this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 1/2% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement by the
Owner, the City shall give written notice of violation to the Owner by registered or
certified mail addressed to the address stated in this agreement. If such a violation is not
corrected to the reasonable satisfaction of the Community Development Director or
designee within thirty (30) days thereafter; or if not corrected within such a reasonable
time as may be required to cure the breach or default of said breach; or if the default
cannot be cured within thirty (30) days (provided that acts to cure the breach or default
may be commenced within thirty (30) days and shall thereafter be diligently pursued to
completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically
enforce the obligations of the Owner growing out of the terms of this agreement, apply to
C
Historic Property Agreement, 1306 Mill Street
Page 4
any court, state or federal, for injunctive relief against any violation by the owners, or
apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property
located at 1306 Mill Street, San Luis Obispo, California, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owner hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners:
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
1 1 n
Historic Property Agreement, 1306 Mill Street
Page 5
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owner, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owner hereby agrees to and shall defend the City and its elected and appointed officials,
officers, agents; and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by, reason of the Owner's activities in
connection with the historic property, excepting however any such claims or actions
which are the result of the sole negligence or willful misconduct of City, its officers,
agents or employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whither or not the City prepared, supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, tights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives; assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such
proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition
to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
be effected thereby.
G. This agreement shall be construed and governed in accordance with the laws of the State
of California.
� o
Historic Property Agreement, 1306 Mill Street
Page 6
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owner; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the city and owners have executed this agreement on the day
and year written above.
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
Date
Date
Date
APPROVED AS TO FORM:
HAN P. LOWELL
City Attomey
On this day of , 2005, before me, the undersigned, a Notary Public in and
for said State, personally appeared , known to me to be the mayor of
the City of San Luis Obispo, a municipal corporation existing and organized under the laws of
the State of California.
Witness my hand and official seal.
On this day of�'r , 2005, before me, the undersigned,
a Notary Public in and for the state of Massachusetts, personally
appeared R,,�� �(t� known to me
through iden U ip
Notary Pub 1 i cif - - --
My com missi expires
b"20J 1 tu_ :4201656 BEAUT.FUL FEET B001•:5 Pa, ,E 31
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EXHIBIT "A"
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1306 MILL STREET, SAN LUIS OBISPO. CALIFORNIA.
Owner shall preserve. maintain, and repair the historic building, including its
character - defining architectural features in good condition. to the satisfaction of the
Community Development Director. or designee, pursuant to a Mills Act Preservation
Contract with the City of San Luis Obispo for property located at 1306 Mill Street.
Character - defining features shall include, but arc not limited to: roof, caves, trim.
porches, walls and siding, architectural detailing, doors and windows, balustrades and
railings. foundations and other surface treatment.
2. Owner agrees to make the following improvements and /or repairs during the term of
this contract, but in no case later than January 31, 2015, or ten (10) years from the
contract date, whichever comes first. All changes and repairs shall be consistent with
the City's Historic Preservation Program Guidelines and the Secretary of the Interior's
Standards for the Treatment of Historic Properties;
MAIN RESIDENCE
Lower Floor
1. Add dining area (approximately 120 square feet to west of existing kitchen).
2. Remodel kitchen: new cabinets and countertops; new flooring
3. Add window on east wall to match existing adjacent windows.
4. Add toilet room near kitchen
5. Create new connection between "library" and new dining area. Remove existing
windows and replace with cased opening.
6. Rc- finish front (entry) door
Upper Floor
7. Repair and re -paint or re- finish interior surfaces
8. Remove roof over existing northeast bedroom (added in 1983), and rc -build gable roof
to be more compatible with existing architecture
9. Re- configure existing northeast bedroom to provide a more functional master bath and
bedroom area. Replace aluminum window with new wood windows to match
character of existing windows.
10. Create new deck above new addition to be accessed from master bedroom.
Miscellaneous Items
11. Upgrade plumbing and electrical systems as required by applicable construction codes.
12. Remove existing shinglc siding and replace with natural cedar shingles.
13. Replace existing shingle roofing with new shingle roof
14. Repair or re -build damaged wood windows, throughout.
15. Re -build second -story front porch elements
16. Extend chimney on north wall to meet current code requirements.
17. Clear seal shingles: repair and re -paint all trim.
o
SITE
18. Remove lattice garden structure.
19. Remove existing rear brick patio: replace with flagstone/lawn area (using existing
flagstone).
20. Remove "carport" abutting shed at northwest corner of site.
21. Remove existing single story shed on northwest corner of site (future): create
secondary dwelling unit (future). New structure shall be architecturally compatible
with the main residence.
22: Remove fence along Johnson Avenue frontage: replace with new fence.
23. Add veneer brick on face of existing low garden wall at back of sidewalk on street
frontages.
24. Remove blue cedar tree immediately adjacent to front porch.
OWNERS:
Russ 11 Berg
Date
4!?Y21 b Qr-
Rea erg
Date
r� O
STATE OF CALIFORNIA )
)Ss
COUNTY OF SAN LUIS OBISPO )
On November 2, 2005, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to me (er -eede t e
be the person(g) whose named) is /are subscribed to the
within instrument and acknowledged to me that he /she/they executed the same in his/her heir
authorized capacity(*9j, and that by his/hen4Ieir signatureM on the instrument the persona), or
the entity upon behalf of which the person(4 acted, executed the instrument.
WITNESS my hand and official seal.
Signature
t Clerl
(Seal)
r
RESOLUTION NO. 9742 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO OF INTENTION TO ABANDON A 60 BY 150 FOOT
UNDEVELOPED PORTION OF RUTH STREET AT IRIS STREET
(ABAN 125 -05)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on September 28, 2005 for the purpose of making a General Plan determination
and formulating a recommendation to the City Council on a request for abandonment of a portion
of undeveloped right of way adjacent to Iris Street known as Ruth Street;.
WIIEREAS, research of the title report shows that the City of San Luis Obispo does not
have fee ownership of land underlying the Street RIW; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings and subject to conditions as indicated in the
Planning Commission Resolution, incorporated herein by reference;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon a portion of Ruth Street (as described and shown in Attached Exhibits A and
C attached hereto and incorporated herein by reference), pursuant to Section 8300 et seq. of the
State of California Streets and Highways Code, and that the abandonment shall be based on the
following findings, and subject to the following conditions and code requirements:
Findings
1. The proposed right -of -way abandonment is consistent with the General plan because it
is no longer needed for present or future public purposes.
2. Development of the right -of -way as a public street could create significant
environmental impacts and serve no reasonable public purpose since each property
fronting the right -of- way can already gain access from other existing streets.
3. The right -of -way abandonment will benefit the general public by eliminating an unused
right of way and eliminating the City's costs for maintaining infrastructure within the
right of way.
4. The proposed right -of -way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
R 9742
Resolution No. 9742 (20O eves)
Page 2
Conditions
1. Dedication of a 20 foot wide easement for any existing or future public or private
utilities over the abandonment area. The easement shall also allow for egress ingress into
all properties abutting the abandonment area. The easement shall be recorded concurrent
with or prior to recordation of the City Council resolution abandoning the street.
2. P G &E shall reserve the right to install, maintain, repair, operate, replace, remove
and renew lines of wires, poles, and other structures, equipment and fixtures both above
ground and underground for the operation of said facilities in the abandoned portion of
right of way.
3. Prepare all required pictorial exhibits and/or legal descriptions necessary to
complete the abandonment process shall be provided by the project applicant to the
satisfaction of the Public Works Director. All exhibits and/or legal descriptions shall be
prepared by a Licensed Land Surveyor or Civil Engineer who is authorized to practice
Land Surveying, in accordance with the California Business and Professions Code
Section 8700 et seq.
4. Informational note: although the abandonment may result in additional property to
be deeded back to adjacent contiguous properties, the abandonment does not constitute
creation of a separate lot or a potential future subdivision.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment
are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, January 3, 2006, at 7:00 p.m. in the Council Chamber of the City
Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all
persons interested in or objecting to the proposed abandonment, which time is more than fifteen
(15) days from the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be published once in
full at least ten (10) days before the public hearing on the proposed street right -of -way
abandonment, in The Tribune, a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street right -of -way to be abandoned
at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
Resolution No. 9742 (2005 eries)
Page 3
On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1st day of November 2005.
• � . • ' • - •
ATTEST:
Audrey Hoo r
City Clerk
Jo an P. Lowell
City Attorney
Attachment:
Exhibit "A" Legal description
Exhibit "C" - Street right -of -way Abandonment Map
Exhibit
EXHIBIT A
Ruth Street Abandonment
Legal Description
All that portion of Ruth Street as shown on the map of Loomis's Addition to the City of San
Luis Obispo, according to the map filed in Book A of Maps at Page 126, in the Recorder's Office
of the County of San Luis Obispo, California, lying northwest of the northwest right of way line
of Upham (now Iris) Street and lying southeast of a line parallel with and 150.00 feet northwest
of said northwest line of Upham Street, as shown on said map.
The above- described parcel contains 9000 square feet, more or less.
The above - described parcel is graphically shown on Exhibit C attached hereto and made a part
hereof.
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Exhibit C
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