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HomeMy WebLinkAbout04/03/2001, 3 - CONTINUED PUBLIC HEARING ON DEVAUL RANCH SOUTH TENTATIVE MAP AND PLANNED DEVELOPMENT REZONING FOR 1 council acEnda aEpoin CITY O F SAN LUIS O B I S P O FROM: Ron Whisenand,Development Review Manager Prepared By: Peggy Mandeville,Associate Planner SUBJECT: CONTINUED PUBLIC HEARING ON DEVAUL RANCH SOUTH TENTATIVE MAP AND PLANNED DEVELOPMENT REZONING FOR 130 RESIDENTIAL UNITS AT 11955 LOS OSOS VALLEY ROAD (TR/PD/ER 87-00) CAO RECOMMENDATION. Approve the Planning Commission's recommendation to: A. Introduce an ordinance to print approving the Mitigated Negative Declaration and rezoning the 13.6 acre site from Conservation/Open Space (C/OS) to R-1-PD, R-2- PD, and R-3-PD based on findings. B. Adopt a resolution approving the tentative map based on findings and subject to the City's growth management phasing schedule, conditions and code requirements. REPORT IN BRIEF On February 20, 2001 the City Council continued their review of this item with direction to staff to return with additional information regarding traffic impacts, emergency access, the design of Los Osos Valley Road, setbacks from Froom Ranch; pedestrian connections with adjoining properties, and the project's water usage. For clarification purposes, this report also includes additional information regarding the project's secondary .dwelling units, Planned Development rezoning justification, parking for the apartments, palm tree planting/relocation; and additional environmental documentation. The February 20 staff report is included as an attachment to this report (see Attachment 6). Staff has reviewed the additional information compiled at Council's request and finds that the additional information supports the staff recommendation for approval of the Mitigated Negative Declaration,PD rezoning, and vesting tentative map.' DISCUSSION Project Description The applicant has submitted applications for subdivision, PD, rezoning, architectural review and environmental review. Thesubdivision would allow for the development of 77 apartment units, 19 single family dwellings, 34 duplexes and a maximum of 17 Council Agenda Report-:: PD/ER 87-00 Page 2 secondary dwelling units provided by the developer. The PD rezoning would allow for more variation in the project design than normal standards allow. The Planning Commission and Architectural Review Commission have recommended approval of these applications. Follow-up Analysis The following sections respond to issues raised at the February 20 public hearing. 1. Cumulative Traffic Analysis. The Council asked staff to return with additional traffic information which analyzed the current conditions on Los Osos Valley Road at the interchange with US 101. In essence, Council expressed concerns regarding the currently approved list of projects in the immediate area of the DeVaul Ranch South development and wondered if capacity is available to tolerate those projects as well as this development. Council also asked that staff provide information on "how much" additional capacity may still be available at the interchange if DeVaul Ranch South is approved. The applicant, acknowledging the importance of this issue, hired an independent traffic consultant (ATE) chosen by City staff to review the existing situation, validate/invalidate the traffic assumptions contained in the DeVaul Ranch North EIR and analyze the future conditions of the interchange using the current list of approved projects. As stated at the Council meeting, three separate EIR's (Froom Ranch, DeVaul Ranch North, Marketplace) have forecast future conditions at the interchange. Each of these EIR's included analysis of the DeVaul Ranch South additional traffic (see Attachment 7, Letter from Fehr and Peers traffic consultants). Of these three EIR's, the DeVaul Ranch North report is the most accurate in forecasting near term impacts of the interchange because it does not include the Prado Road Interchange in it's 10-year assessment and it used the City's traffic model to forecast future background traffic. The consultant used this information as background in developing assumptions for future traffic conditions. A list of all currently approved projects in the area was compiled and used by the consultant to forecast near—term conditions. ATE's analysis also included construction of a simulation model of the interchange and simulating near-term conditions..Their results indicate that the interchange ramps and Los Osos Valley Road will continue to operate at acceptable levels of service even with all currently approved projects built out, and development of the DeVaul Ranch South project. ATE identified residual capacity at the interchange location to give some idea of how much additional land use might be approved before the location exceeds City thresholds. Their results indicate an increase in traffic of approximately 15% (350 peak hour trips) over their forecasted scenario (Existing+Approved Projects+DeVaul Ranch South) would result in the interchange deteriorating to unacceptable levels of service. In order to give Council some assistance in understanding how that might relate to potential land use decisions, Table 1 has been tabulated to indicate a corresponding size of project that Council Agenda Report-Y'aPD/ER 87-00 Page 3 would generate traffic in this amount. Table 1 -Development Levels Which Would Cause LOS E Operations fl i U-, Single Family 346 Units 1.01/unit 350 PHT Shopping Center 66,000 S.F. 5.28/K.S.F. 349 PHT Discount Store 92,000 S.F 3.80/x.S.F 350 PHT Finally, ATE identified one low-cost improvement that could be done to the interchange in order to improve operations along LOVR — signal interconnection and coordination. Although this improvement is not required by the CEQA analysis, the applicant has offered to construct these improvements as part of their project. The project would receive TIF credits for this work under the congestion relief section of the TIF program. Staff concurs with this offer in that it will accomplish these improvements sooner rather than later, and the City would eventually be using TIF monies anyways to construct these improvements as part of a future capital improvement project. ATE and staff will be available at the Council meeting to respond to any questions regarding this analysis and the proposed improvements. 2. Interchange Capacity Monitoring. As discussed in the above section, traffic at the LOVR/101 interchange is nearing City thresholds. Based on these new traffic figures however, there is still some capacity for additional development before further improvements and possible widening of the interchange is needed. Although there are a variety of factors that can raise or lower the above capacity figures (i.e. change in signalization, at other locations, relocation of Calle Joaquin, etc.), it is critical for the City to monitor these changes as well as the traffic characteristics of new development to anticipate when LOS E may be reached. The City's development review process is designed to provide this careful monitoring. As new development proposals are submitted to the City for review; traffic studies will be required that contain traffic data on existing, existing with project, and build out conditions. This information will be incorporated into the project's environmental analysis, which will be used by the City decision makers to review the project and establish appropriate traffic mitigation including the eventual widening of the interchange. 3. Los Osos Valley Road Widening and LOVR Interchange Advance Development Work. The City Council had questions about what Los Osds Valley Road would look like at various locations after it is widened. The applicant's resubmittal booklet (Attachment 14, Sheets L2 and L3) includes plans and cross sections of Los Osos Valley Road (LOVR) which illustrate the location of travel lanes, roadway transitions, sidewalks, landscape median, existing palm trees and Garcia Drive. Also included in the back sleeve of the booklet is a widening plan for LOVR from Madonna Road to the freeway. 3-3 Council Agenda Report-4�uPD/ER 87-00 Page 4 In addition, staff has begun the process of improving the interchange at LOVR/US 101. The City, acting as lead agency, has acquired funding from the County and from SLOCOG to begin advance. development work required by Caltrans to make improvements to the State transportation system. A draft RFP to develop a Project Study Report, the initial study for improvement project, has been compiled by staff and is being reviewed by a project development team (PDT) that is comprised of representatives of Caltrans, SLOCOG and the County. It is anticipated that Council will review the RFP for advertisement and award in April. Development and ultimately, approval of the PSR by Caltrans, allows the project to become eligible for state and federal funding. The City's TIF programs contains $3,000,000 for improvements to the LOVR interchange however additional regional and state funds will be required to fully complete the project. Staff will be working with SLOCOG in the coming months to investigate funding sources for the project. Depending upon acquisition of outside grant sources, Table 2 outlines a possible schedule for the improvement project. Table 2—LOVR/US 101 Interchange Improvements Tentative Schedule AF PSR 2001 Acquire additional 2001-2004 funding E1R 2002- Caltrans 002Caltrans Project Report 2003 PS&E 2003-04 Construction 2004-05 A full project description for this project will be forthcoming as part of the City' FY 2001- 03 CIP process. 4. DeVaul Ranch South Water Usage. The City Council requested additional information regarding the project's proposed water usage. The estimated water use for the DeVaul Ranch South project is approximately 26 acre feet of water per year. The following is a breakdown of the estimated use: • Apartments- 77 units 9.24 acre feet/year • Duplexes- 34 units 6.12 acre feet/year • Studios- 17 units 1.70 acre feet/year • Single Family- 19 units 5.70 acre feet/year • Landscape- 59,436 sq. ft. 3.20 acre feet/year TOTAL 25.96 acre feet/year The EIR certified by the City Council for the DeVaul Ranch North project identified 102 acre feet of water as that project's annual water use. Now that the DeVaul Ranch North project's final plans have been submitted, it has been determined that the development Council Agenda Report-Tivi'D/ER 87-00 Page 5 will use approximately 75 acre feet per year; a 27 acre foot reduction. The combined water use for the DeVaul Ranch North and South projects is lower than the 102 acre foot figure used in the DeVaul Ranch North EIR. Currently, the City has an adequate supply of water available to serve the project. Consistent with the City's Water Management Element, the City allocates water to projects at the time building permits are obtained, not at annexation or when development approvals are given. In order to obtain a building permit, the applicant must comply with the City's retrofit program (by developing a water allocation through retrofitting to offset twice the project's expected water use) and pay the required fees. 5. Los Osos Valley Road Landscape Treatments and Setbacks. The City Council inquired about the landscape design of the project's Los Osos Valley Road frontage. Plans for the proposed landscape treatments on the project's LOVR frontage are provided in Attachment 14, Sheets L3 and L4 of the Applicant's Resubmittal Booklet. Plans call for a 7 foot wide landscape parkway, a 6 foot wide sidewalk and a one foot wide landscape planter within the public right of way. At the property line, the applicant proposes an additional 8 feet of landscaping abutting a retaining wall/trellis structure which screens the apartment's parking lot. Sixteen foot tall canary island palm trees are proposed to be planted every 35 feet within this landscape planter to miiror the existing palms on the north side of Los Osos Valley Road. The design allows for a total landscaping width of 9 feet between the sidewalk and the apartment complex parking lot which is consistent with what was approved for the DeVaul Ranch North project. For comparison purposes, the DeVaul Ranch North project has been approved with an 8 foot wide landscape parkway, a 6 foot wide sidewalk and a minimum 7 foot wide landscape planter within the public right of way. The two foot building setback approved for the project allows for a minimum total landscaping width of 9 feet between the sidewalk and apartment complex garage retaining wall. 6. Emergency Access to Froom Ranch. At the request of Council, emergency access has been provided to the commercially zoned property to the southeast. Attachment 14, Applicant's Resubmittal Booklet, illustrates the design of the emergency access to the Froom Ranch property. Staff recommends that the final design and location of the emergency access be reviewed and approved by the Public Works, Community Development, and Fire Departments. 7. Froom Ranch Setbacks. The City Council requested information regarding the interface between this project and the adjacent Froom Ranch property. A total of 12 dwellings are proposed to be located directly adjacent to the commercially zoned Froom Ranch property. With the goal of minimizing impacts that may result from locating residential uses next to commercial uses, these 12 properties have been designed with detached garages and a block wall that are located along the rear property line to act as a buffer between the two uses. Attachment 14, Sheet L15, Applicant's Resubmittal Booklet, illustrates how the garages and wall will be viewed from the Froom Ranch property prior to its development. Additional buffering on the Froom Ranch property 3—S Council Agenda Report-MPD/ER 87-00 Page 6 will be considered as part of the review of any commercial development application. Such application will be required to comply with Land Use Element Policy 'LU 2.2.4 which states, "In designing development at the boundary between residential and nonresidential uses,protection of a residential atmosphere is the first priority." 8. Pedestrian and Vehicular Connections with Adjoining Properties. The City Council expressed a desire to see how this project provides pedestrian connections with adjoining neighborhoods. The project design. provides numerous pedestrian and vehicular connections including emergency/pedestrian access to Quail Drive, access into the Irish Hills open space, and pedestrian access linking cul de sacs. Attachment 14, Applicant's Resubmittal Booklet identifies the location of these connections. 9. Planned Development Zoning Justification. The City Council discussed the need to make a finding in order to approve the Planned Development rezoning. Attachment 14, Applicant's Resubmittal Booklet, contains (in the back sleeve of the booklet) the applicant's statement of justification for approval of the proposed Planned Development (PD) zoning. As required by the PD zoning regulations, the City Council must find that the project meets one or more of the following criteria: 1. It provides facilities or amenities suited to a particular occupancy group (such as the elderly or families with children) which would not be feasible under conventional zoning; 2. It transfers allowable development, within a site,from areas ofgreater environmental sensitivity or hazard to areas of less sensitivity or hazard; 3. It provides more affordable housing than would be possible with conventional development; 4. Features of the particular design achieve the intent of conventional standards (privacy, usable open space, adequate parking, compatibility with neighborhood character, and so on) as well as or better than the standards themselves; S. It incorporates features which result in consumption of less materials, energy or water than conventional development; 6: The proposed project provides exceptional public benefits such as parking, open space, landscaping, public art, and other special amenities which would not be feasible under conventional development standards. The Planning Commission recommended Finding 4 citing traffic calming measures and the design of streetscapes as features that achieve the intent of the conventional standards as well as or better than the standards themselves. If Council wishes to further define this finding, staff recommends that the Council utilize the following wording to make finding for approval of the Planned Development: "Features of the design (ie. garages at the rear of properties,front porches, pedestrian connections with adjoining properties, private mini parks, reduced street widths, landscaped parkways, detached sidewalks, secondary dwelling .units, and bulbouts) achieve the intent of conventional standards as well as or better than the standards themselves. " ^ip Council Agenda Report-T'k7PD/ER 87-00 Page 7 10. Secondary Dwelling.Unit Information. The City Council questioned the ability to approve secondary dwelling units as part of the project's Planned Development. The City's Secondary Dwelling Unit regulations were established to expand housing opportunities by increasing the number of rental units available in existing neighborhoods that would not otherwise be allowed through conventional zoning. The intent of the regulations is not to allow secondary dwelling units in existing planned development or condominium projects because it is assumed that they have been designed for their ultimate buildout. By planning and designing for secondary dwelling units as part of the Planned Development rezoning process, the potential impacts (ie. parking, building and site design) can be identified and addressed. After reviewing the potential impacts, the Planning Commission recommended that of the approximately 30 residential lots that could accommodate secondary dwelling units, a minimum of 13 and a maximum of 17 secondary dwelling units should be provided. These units are required to be provided by the developer as part of the overall project construction. 11. Parking for the Apartments. The City Council was concerned about approving a parking reduction for the apartments. In response to this concern, the applicant has modified the site plan for the apartment portion of-the project to provide the required number of parking spaces by utilizing a shared driveway with the DeVaul North apartment project. Attachment 14, Sheet L1 of the Applicant's Resubmittal Booklet illustrates how additional parking can be provided using one shared driveway in lieu of two parallel driveways. 12. Palm Tree Planting/Relocation. At the February 20 City Council meeting, the idea of relocating some of the existing palm trees from the north side of Los Osos Valley Road to the south side was raised. Both the applicant and staff have researched the feasibility of relocating these mature trees. Attachment 8 provides the basis for staff's recommendation to not relocate any of the existing palm trees. The certified arborists that were consulted about the relocation cited concern with relocating.these mature palm trees given the low survival rate resulting from the trees age, height, and weak points along the tree trunks. 13. Adequacy of the Environmental Document. At the February 20 public hearing, several issues were raised regarding the adequacy of the proposed Mitigated Negative Declaration. Attachment 9 is a letter from Dennis Castrillo, EIR Consultant for the DeVaul North EIR, responding to the adequacy of the environmental document prepared for this project. Addtionally, staff has included the Mitigation Monitoring Program for DeVaul Ranch North as Attachment 10 to this report. Finally, follow up information on' the tarplant and ag. conversion are provided below. Congdon's tarplant. Initial site surveys conducted in 1998 and 1999 and a subsequent survey conducted in 2000 (see Attachment 11) identified the Congdon's tarplant along fencelines which border the property. To mitigate the project's impact on the tarplant, the proposed Mitigated Negative Declaration recommends that a restoration, transplanting, and monitoring plan be prepared and implemented by a qualified plant restoration 3- 7 Council Agenda Report-TK/PD/ER 87-00 Page 8 ecologist. The plan will identify the location of suitable site(s) in an open space area offsite where a colony of the tarplant can be established and the number of plants to be replanted and methods used to preserve the species at the new location.. The plan will include a monitoring program for yearly monitoring over a 3 to 5-year period. Additionally, the plan will include. the provision for replacement of habitat to the satisfaction of the Natural Resources Manager and the City Council should the initial mitigation program be unsuccessful within five years. The plan requirements are the same as what the City Council required of the DeVaul Ranch North project. Conversion of Agriculture Land. A letter from the Deputy Agricultural Commission (see Attachment 12) concludes that the agricultural impacts of this project are not considered significant. The letter notes that the DeVaul and Froom Ranch properties changed out of the Agricultural land use category during the County's San Luis Obispo Area Plan Update and that the County has approved a retail commercial development (Home Depot) adjacent to the DeVaul Ranch South site. Additionally, the City Council, in adopting the Land Use Element Update EIR, recognized the loss of agricultural land on this property and adopted a statement of overriding considerations. Compliance with Growth Management Policies The project is required to comply with the City's growth management regulations. The City's residential growth management phasing schedule (see Attachment 13) which was amended by the City Council on March 6, 2001 allocates 123 dwelling units for DeVaul Ranch South to be constructed within 2 three-year periods between the years 1999 and 2004. The project's seven low income dwelling units are exempt from these regulations. As a side note, the residential growth rate in the City over the last five years, beginning with 1996 has been 0.49, 0.79, 0.74, 0.3 1, and 0.54% for an average of about 0.6%. CONCURRENCES The Public Works, Utilities and Fire Departments have reviewed and commented on the proposed project. Their comments are included as conditions of approval. FISCAL IMPACT Fiscal impacts will be limited to costs to maintain the new public streets: The landscape parkways, the R-2-PD alleyway and detention basin will be maintained by the homeowners association, consistent with the requirements of DeVaul Ranch North. ALTERNATIVES 1. The Council may deny the subdivision and PD rezoning, if the Council finds that it is inconsistent with the General Plan or the necessary findings cannot be made. 2. The Council may approve the project with modified findings and/or conditions. 3. The Council may continue action on this item if additional information is needed. Direction should be given to staff and the applicant. Council Agenda Report-Tfult/ER 87-00 Page 9 Attachments: 1. Vicinity Map 2. Site plan with proposed rezoning 3. Draft PD rezoning ordinance/Exhibit A, B, and C 4. Draft resolution of approval of tentative map 5. Draft resolution of denial of PD rezoning and tentative map 6. February 20, 2001 City Council staff report, initial study and .mitigation monitoring program 7. Letter from Fehr and Peers, traffic consultants 8. Palm tree relocation data 9. Letter from environmental consultant, Dennis Castrillo 10. DeVaul Ranch North Mitigation Monitoring Program 11. Congdon's tarplant letter from V.L. Holland 12. Letter from Department of Agriculture 13. Growth management phasing schedule 14. Applicant's Resubmittal Booklet (distributed to Council and available for review at the Community Development Department counter) Available in the Council.Reading File: • DeVaul Ranch North EIR • Froom Ranch EIR • DeVaul Ranch South City Council report of 2/20/01 with attachments • c.ea9s independent analysis of environmental impacts • ATE Traffic Study dated March 22, 2001 m 3 -9 1 ATTACHMENT 1 Devaul North os Froom o n so e� 'Project; A City Limit Line A/ Urban Reserve Line 3/O it Oil I �� r ? ttMEAN .MEN mmldpm_� n .. ®®I I / r IN f C mill I�:� � . • 1 � �: I J � • 1 II�t/-•�-I-II ` /' • � I � � _ I � I I® • • 11 1 • 11 ATTACHMENT 3 ORDINANCE NO. (2001 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE PROJECT'S MITIGATED NEGATIVE DECLARATION AND AMENDING THE ZONING REGULATIONS MAP TO CHANGE THE ZONING DESIGNATION FROM C/OS TO R-1-PD, R-2-PD AND R-3-PD AT 11955 LOS OSOS VALLEY ROAD (PD 87-00; DEVAUL RANCH SOUTH) WHEREAS, the Planning Commission conducted a public hearing on January 10, 2001, and recommended approval of the Mitigated Negative Declaration and amendment to the site's zoning as shown on Exhibit A and described in Exhibit B and C; and WHEREAS, the City Council has held public hearings on February 20, 2001 and April 3, 2001 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff, and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan, the purposes of the Zoning Regulations and other applicable City ordinances; and WHEREAS, the City Council has considered the project's Mitigated Negative Declaration of environmental impact as prepared by staff and revised by the Planning Commission;and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed Planned Development rezoning and vesting tentative map, and reflects the independent judgment of the City Council.. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Provide a landscape buffer along LOVR and along the south side of the property boundary abutting Froom Ranch. 2. Plant palm trees to mirror the existing palms across LOVR. 3. Coordinate landscape plans for the property with plans submitted for the adjacent DeVaul Ranch North and Froom Ranch. 4. Incorporate landscaping elements including decorative paving, walls, and fencing. 5. Install public art at the project's LOVR entry. 6. Create a"maintenance association"to facilitate long term care of landscaping. �3-12 1 Ordinance No. (2001 Series) ATTACHMENT Page 2 7. Eliminate on-street parking on DeVaul Ranch Road between LOVR and Tonini Drive. 8. Design the detention basin to appear as a naturally occurring feature and revegetate the perimeter with native plants and trees to further reduce its engineered appearance. 9. Limit the height of the three apartment buildings closest to LOVR to 26 feet in height. These building heights shall be considered maximum unless during the architectural review process the applicant can demonstrate through the site plan and architectural design that views of the upper portions of the Irish Hills will not be blocked. 10. Screen from view any necessary water pumps, valves, backflow preventers, and service cabinets. 11. Design the detention basin so it does not require fencing. 12. Submit a detailed landscaping plan for the LOVR project frontage and the southern edge of the property abutting the Froom Ranch property for review and approval by the City. The plan shall identify evergreen and deciduous plant materials, retaining walls, earth mounding, the horizontal and vertical limits of plantings, and other materials used to effectively screen the parking areas and soften the views of the development, but not hinder views of the hills. 13. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixtures, standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 14. All material excavated or graded shall be sufficiently watered with non-potable water to prevent excessive amounts of dust. During the time period in which grading will occur, watering shall occur at least twice daily including weekends with complete coverage, preferably in the late morning and after work is finished for the day. 15. All clearing, grading, earth-moving, or excavating activities shall cease during periods of high winds (greater than 15 mph averaged over one hour) to prevent excessive amounts of dust. 16. If soil materials are transported on or off-site, they shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 17. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast germinating native grass seed and watered until vegetation becomes established. 18. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting, or other methods approved in advance by APCD. �- 13 ATTACHMENT 3 Ordinance No. (2001 Series) Page 3 19. On-site vehicle speed during construction shall be limited to 15 mph for any unpaved surface. 20. All unpaved areas with vehicle traffic shall 'be watered at least twice per day including weekends, using non-potable water. 21. Wheel washers shall be installed where vehicles enter and exit unpaved roads and streets, or provisions shall be made to wash off trucks and equipment leaving the site. 22. Prior to issuing occupancy permits for each single family residence, shade trees shall be planted at a rate of not less than 1 tree/4000 s.f. of land. The trees shall be planted to provide shading of the residence in the summer so as to reduce air conditioning requirements and fossil fuel use. 23. Residences shall be equipped with solar-assisted water heaters or similar energy conserving feature consistent with City policies and programs at the time of construction. One method would be to increase wall and attic insulation beyond Title 24 requirements. 24. Bicycle lockers shall be included in the design of the apartment project. 25. Parking for the apartment project shall accommodate electric vehicles. 26. Site preparation activities (major earthwork) shall be scheduled to occur consecutively rather than simultaneously with the neighboring projects to the north and south. This approach, along with the other air quality mitigation measures, will minimize cumulative PM 10 emissions to a less than significant level. 27. At the applicant's expense, a restoration plan shall be prepared by a qualified plant restoration ecologist. The plan shall identify the location of a suitable site ors sites in an open space area off-site (possibly at the City's wastewater treatment plant) where a colony of Congdon's tarplant (Hemizonia parryi ssp. Congdonii) can be established. The restoration plan shall identify the number of plants to be replanted and the methods which will be used to preserve this species in this location. The plan shall also include a monitoring program so that the success of the effort can be monitored yearly over a three- to five-year period. The restoration effort shall be coordinated with the California Department of Fish and Game, the US Wildlife Service, the California Native Plant Society, and the City of San Luis Obispo. Any federal, state or local permits required to commence such a program will be acquired and implemented by the applicant. The mitigation plan shall include the provision for replacement of habitat to the satisfaction of the Natural Resources Manager and the City Council should the initial mitigation program be unsuccessful within five years. 28. If any previously undiscovered prehistoric cultural material or buried concentrations of historic cultural materials are discovered during any construction activities, all activities that may disrupt those materials shall cease and the Community Development Director shall be notified 31N ATTACHMENT Ordinance No. (2001 Series) Page 4 immediately of the discovery of archaeological materials. Under most circumstances, the applicant will be directed to retain a qualified archaeologist to immediately visti the site, evaluate the materials recovered, and consult with the Director to determine the appropriate course of action. Under the direction of the archaeologist, a mitigation plan shall be developed and approved by the City pursuant to the City's Archaeological Resource Preservation Guidelines. 29. Soils in the area have a medium to high potential for expansion and contraction. The designs of all foundations, curbs, and other structures shall be reviewed by a geotechnical engineer to ensure they are compatible with the soil properties and conditions of the site, consistent with standards of the Building Code. 30. All project related construction activity shall occur between 7 am and 6 pm Monday through Saturday, with no activities occurring on Sunday or holidays. City noise regulations related to construction activities shall be posted on site and made available to all contractors and sub- contractors. 31. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with the City's Noise Element through the preparation of a noise analysis for the apartment portion of the Planned Development. 32. The developer and/or property manager shall disclose to all perspective and actual Leasee/Renters that the subject property is in an airport flight traffic zone and possible noise impacts may occur. This disclosure shall be part of any sales or rental agreements which are signed by the owner or renter.. 33. To maintain consistency with policy H 4.2.1 of the Housing Element, the amount of and the specific location of inclusionary housing units should be identified with the consideration of the tentative tract map and approved only if found to be consistent with the City's requirements which includes intermixing the units within the project. 34. The project shall comply with the mitigation measures established for the DeVaul Ranch North project as outlined in the DeVaul Ranch North Final EIR and Mitigation Monitoring Program. 35. Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. 36. Grant an avigation easement for the protection of the San Luis Obispo County Airport, the City of San Luis Obispo, and the County of San Luis Obispo. 37. All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan. c � Ordinance No. (2001 Series) ATTACHMENT 6 Page 5 _. 38. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search-lights and strobe lights shall be prohibited. 39. The applicant shall dedicate 63 feet of right of way or as otherwise required by the City and make ultimate improvements to LOVR along the project's proposed frontage. 40. To mitigate potentially significant impacts of excessive speed on the project's residential streets, traffic calming measures shall be includedas a condition of the subdivision plans. 41. Prior to the issuance of a building permit, the applicant shall receive approval of a solid waste recycling plan for recycling discarded building materials such as concrete, sheetrock, wood and metals from the construction site. 42. Building plans shall show the location of convenient facilities for interior and exterior on-site recycling for each residential unit. SECTION 2. The City Council makes the following findings: 1. The components of the PD rezoning are consistent with the General Plan which calls for a range of housing types, with low density, medium density, and medium-high density development each occupying about one third of the area. 2. Features of the design (ie. garages at the rear of properties, front porches, pedestrian connections with adjoining properties, private mini-parks, reduced street widths, landscaped parkways, detached sidewalks, secondary dwelling units, and bulbouts) achieve the intent of conventional standards as well as or better than the standards themselves. 3. Mitigation measures have been approved by the City Council in conjunction with the approved Mitigated Negative Declaration. SECTION 3. The Zoning Regulations Map Amendment (PD 87-00) is hereby approved and the property rezoned to Planned Development (R-1-PD, R2-PD, R-3-PD) as shown on the attached Exhibit A and as described in Exhibit B and C contingent upon final approval of the annexation and subject to the following conditions: 1. Minimum lot widths in the R-2-PD zone shall be 35 feet. 2. A minimum 4-foot wide landscape strip shall be provided between the secondary dwelling unit and the rear property line to allow adequate room for a plant material buffer between the parking space and the adjoining property. 3. Minor revisions are needed to the site plan in order for the project to comply with the City's Parking and Driveway standards. 3 -16 Ordinance No. (2001 Series) ATTACHMENT 3 Page 6 4. Two enclosed parking spaces shall be provided for each single family and duplex unit and one uncovered parking space for each secondary dwelling unit. 5. If the DeVaul Ranch North apartment project is constructed as presently approved,the two projects shall share a common driveway aisle rather than both properties providing side-by-side single loaded driveway aisles. The resulting excess area shall be used for additional landscaping. 6. The apartment project shall maintain the following streetyard setbacks: Los Osos Valley Road frontage: 8 feet; DeVaul Ranch Road frontage: 10 feet; Tonini Drive: 6 feet. A minimum 5-foot exterior side yard is required in the R-1-PD and R-2=PD zone. 7. The applicant shall coordinate with the DeVaul Ranch North developers to provide a common landscaping theme along the frontage of LOVR and within the LOVR landscape median. 8. Details of the proposed parking lot screening around the apartment project shall be provided illustrating how the parking lot is screened from public view. The use of walls will not be allowed. 9. To reduce the visibility of the long driveways in the R-1 zone, a landscape mow strip shall be provided down the middle of the driveway. 10. The project shall include benches next to Lot 3.1 and with the detention basin area for use as private pocket parks. 11. The project shall include additional traffic calming measures such as bulbouts and stop signs to the maximum extent possible, to the approval of the Public Works, Community Development and Fire Departments. 12. The applicant's affordable housing program shall include 2 single-family homes, 5 duplex units and 6 apartment units as moderate income units and 7 apartments as low income units in the locations as shown on Exhibit"A". 13. A minimum of 13 and a maximum of 17 detached (or attached) secondary dwelling units shall be provided by the developer. 14. Traffic Mitigation Measures: Mitigation measures identified under Tentative Tract 2307 (DeVaul Ranch) shall be met and/or guaranteed under a subdivision agreement prior to recordation of the final map for this tract, to the satisfaction of the Public Works Director and Community Development Director. 15. Bicycle Parking and Storage: Project plans should clearly show how bicycle parking and storage is provided in compliance with Section 17.16.060, Table 6.5 of the Zoning Regulations and with design standards contained in the Bicycle Transportation Plan (1993). 3-/ 7 ATTACHMENT 3 Ordinance No. (2001 Series) Page 7 16. Water, wastewater, and traffic impact fees shall be assessed on date of building permit application and paid prior to building permit issuance. 17. Toilet retrofits to satisfy the water allocation shall be completed prior to permit issuance. 18. Apartment buildings at east side of project shall not be constructed across a property line. As shown, an area adjacent to the stairway appears to straddle the property line. 19. A minimum back up dimension between the garage opening and the back of the paved area shall be 24 feet. 20. On lots 20 through 29 cars parked in the driveway will block access to the adjacent garage. Conflicts may be created between neighbors under the proposed arrangement. Greater separation or an additional exterior parking area may alleviate the problem. 21. In the title report for each property and in the project's CC&R's, the developer shall disclose that the property may be impacted by noise or other activities associated with the nearby airport and the adjoining Froom Ranch property is designated for commercial development. Said language shall be to the approval of the City Attorney. 22. In conjunction with the applicant's application for the first phase of building permits, a noise analysis shall be submitted which identifies potential aircraft noise impacts and construction measures proposed to comply with interior noise levels. 23. Fire Department Access: Access shall be in accordance with Article 9 of the California Fire Code. Access roads shall have an unobstructed width of not less than 20 feet and shall be designed and maintained to support the imposed loads of a 60,000-pound fire apparatus. The surface shall provide all-weather driving capabilities. Prior to combustible construction all-weather access (i.e. base and first lift of asphalt) shall be installed and serviceable for fire apparatus. "E" Street shall be improved and connected to the adjoining DeVaul subdivision prior to the issuance of any building permits. 24. Water Supplies: Water supplies shall be in accordance with Sections 901 and 903 of the California Fire Code. An approved water supply connected to the City distribution system and capable of providing the required fire flow for fire protection is required. The fire flow shall be determining using Appendix III-A of the California Fire Code. . 25. Water lines and hydrants . shall be installed, tested and serviceable prior to combustible construction. All water mains shall be a minimum of 8" in size. Submittal indicates several 6" PVC mains. 26. Fire Hydrants: Fire hydrants shall be installed in accordance with Section 903.4 of the California sve i ATTACHMENT Ordinance No. (2001 Series) Page 8 Fire Code. The location, number and type of hydrants connected to the City system shall be determined using Appendix III-B of the California Fire Code and the approved City Engineering Standards. 27. The Fire Department shall review and approve the installation and location of all fire hydrants. In addition to internal hydrants the project will require a fire hydrant along LOVR. 28. Fire Protection Systems and Equipment: Fire protection systems shall be in accordance with the California Fire Code and California Building Code as amended by the City. An approved fire sprinkler system shall be required for all structures per City requirements. 29. Fire Safety During Construction: Buildings undergoing construction, alteration or demolition shall be in accordance with Article 87 of the California Fire Code. 30. 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. Appropriately sized reclaimed water mains shall be constructed from the City's trunk system to these irrigation areas. 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. 31. Potential buyers of lots that have the ability to have secondary dwelling units shall be notified that before a secondary dwelling unit established, the owner shall enter into an agreement with the City agreeing that the property will be owner-occupied and one additional on-.site parking space will be provided for the unit. 32. Should the DeVaul Ranch South planned development not be pursued, the Planned Development zoning for the project shall expire with the expiration of the vesting tentative map. 33. EPA Requirement: 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 five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. 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 Board. 34. Final street tree selection shall be approved by the City Arborist and Community Development Director. Suitable street trees for the project include Melaleuca linariifolia, Quercus suber, Gleditsia triacanthos, Tipuana tipu, or Tristania conferta (no single species should constitute more than 50%of the total street tree population for this development). 3-/ Ordinance No. (2001 Series) ATTACHMENT Page 9 35. Upon development, a water allocation will be required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of$150 per bathroom retrofitted. 36. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Currently, the Water Impact Fee is $6,827 per residential unit, and the Wastewater Impact Fee is $2,703. 37. 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. Currently, it is expected that a portion of the existing gravity sewer system will require improvement in order to accommodate the additional flows from this project. In addition, the project developer will be required to pay the project's fair share of the cost to provide additional capacity at the Water Reclamation Facility, the Laguna Lift Station, and possibly the Howard Johnson Lift Station, as well. 38. Water and wastewater facilities shall be designed in accordance with the City's design and drafting standards. The tentative map shall indicate that the minimum design standards can be achieved, including 8"min. sewer mains at 0.5%minimum slope. SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of the thirty (30) days after its final passage or upon final approval of the annexation by the Local Agency Formation Commission,whichever occurs later. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of , 2001, on a motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: 3-2 G Ordinance No. (2001 Series) Page 10 Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: acs.. . /y/Irom/rtoen ! R� J `►^� E�17# I Imp lz • I svilvr VESTING TENTATIVE MAP FOR TRACT 2401 DESCRIPTION PARCEL D OF THE MAP OF THE SUBOMSIONS OF PART OF LOT 60 OF JAS. T. STRATTON'S SUMMSIONS OF THE RANCHOS CANADA DE LOS OSOS & LA LAGUNA IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA BEING THE PROPERTY OF THE ESTATE OF R: J. BULLOCK, DECEASED. SURVEYED BY GEORGE STORY C.E., FEBRUARY, 1907, AS SHOWN ON MAP FILED IN BOOK A, PAGE 85 OF MAPS IN THE OFFICE OF THE RECORDER OF SAND COUNTY. 3�3 -- � �3 R-1 -PD EXCEPTIONS TO PROPERTY REQUEST DEVELOPMENT STANDARDS R-1 REQUIRED PROPOSED DENSITY 7/ DU NET AC .q(p -7:9-ES DU/AC COVERAGE 40% 31% (MAX.) LOT SIZE 1 6000 SF 6006 SF (MIN,) MIN. WIDTH 2 50 FT 50 FT(MIN.) MIN. DEPTH 90 FT 117 FT (MIN.) MIN. FRONTAGE 20 FT 50 FT MIN. BUILDING.HEIGHT 25 FT 27 FT(MAX.) YARDS FRONT 20 FT 15 FT TO PORCHES, 20 FT TO LIVING (MIN. FRONT SETBACKS) SIDE 5-15 FT 5FT(MIN.) REAR 5-15 FT 7TH MIN. PARKING 2.0 (SINGLE FAMILY) 36 SPACES (COVERED)1.0 (GRANNY FLATS) 11 SPACES (OPEN)SEE PARKING TABLE 1 CORNER LOT SIZE 6900 SF 8,640 SF (MIN:) 2 CORNER LOT WIDTH 60 FT 76 FT(MIN.) YHl&rr G Z�3 R-2-PD EXCEPTIONS TO PROPERTY REQUEST DEVELOPMENT STANDARDS R-2 REQUIRED PROPOSED DENSITY 12/ DU NET(MAX.) ll.lp CDU/AC COVERAGE 50% 50% (MAX.) LOT SIZE 6000 SF 3054 SF (MIN.) MIN. WIDTH 60 FT 32 FT(MIN.) MIN. DEPTH 90 FT 90 FT(MIN.) MIN. FRONTAGE. 30 FT 32 FT MIN. BUILDING HEIGHT 35 FT 24 FT(MAX.) YARDS FRONT 20 FT 5 FT MIN. TO PORCHES, 10 FT MIN. TO LIVING SIDE 5-15 FT 5FT(MIN,) REAR 5-15 FT 6TH MIN. o K.f6CavzoA 5/2 1.5 + .5 3 BDRM. 70 SPACES PARKING 1 .5 + 1 4 BDRM. 1.0 GRANNY FLATS 4 SPACES 74 SPACES TOTAL SEE PARKING TABLE ,3 as R-3-PD EXCEPTIONS TO PROPERTY REQUEST DEVELOPMENT STANDARDS R-3 REQUIRED PROPOSED DENSITY 18/ DU NET AC 16.67 DU/AC COVERAGE60%° 32% (MAX.) LOT SIZE 6000 SF 162,744 FT (MIN.) MIN. WIDTH 60 FT 320 FT (MIN.) MIN. DEPTH 90 FT 397 FT (MIN.) MIN. FRONTAGE 40 FT 320 FT MIN. BUILDING HEIGHT 35 FT 30 FT (MAX.) FROM FINISHED FLOOR YARDS-OTHER 5-10 FT $ FT LOVR 15 FT j 5 F (MIN.) TONINI 15 FT 6 FT (MIN.) DeVAUL RANCH RD 15 FT 10 FT MAIM. PARKING 1 .5 + .5 + 1/5 1591SPACES (SEE PARKING TABLE) i �I I� 3 a�a r ATTACHMENT 4 RESOLUTION NO. (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE VESTING TENTATIVE TRACT 2401, SUBDIVIDING A 13.6-ACRE SITE INTO 54 RESIDENTIAL LOTS AND ONE OPEN SPACE PARCEL AT 11955 LOS OSOS VALLEY ROAD (TR/PD 87-00) WHEREAS, the Planning Commission conducted a public hearing on January 10, 2001 and recommended approval of Vesting Tentative Tract Map TR 87-00; and WHEREAS, the City Council conducted a public hearing on February 20 and April 3, 2001 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the General Plan, the Zoning Regulations, and other applicable City ordinances with approval of the requested Planned Development(PD) rezoning; and WHEREAS, the City Council has considered the project's Mitigated Negative Declaration for its adequacy in evaluating this request. BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration approved in conjunction with the project's Planned Development rezoning adequately addresses the potential significant environmental impacts of the proposed project. All mitigation measures shall be applicable to this project. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map TR 87-00 and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the General Plan which designates this area as Medium Density Residential. 2. The site is physically suited for the type and density of development allowed in the R-1-PD, R-2-PD, and R-3-PD zones. 3. As conditioned, the design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The subdivision will not have a significant adverse impact on the environment with incorporation of the recommended mitigation measures into the project. SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map TR 87-00 is approved subject to the Council approval of the PD rezoning and Mitigated Negative t3 -a j 1 ATTACHMENT 4 Resolution No. (2001 Series) Page 2 Declaration for the DeVaul Ranch South Planned Development and the following phasing schedule, conditions and code requirements: (Growth Management Phasing Schedule) 1. The project shall comply with the City Council approved residential growth management phasing schedule for Irish Hills South. (Tentative Map Conditions) 1. .The subdivider shall dedicate 69 feet of property adjacent to Los Osos Valley Road for public right-of-way purposes, to the satisfaction of the Director of Public Works. The proposed drainage easement shall be contiguous with the street dedication(not within the street right- of-way to be dedicated). The width of the easement depends on the alignment and whether a pipe system or open channel is constructed. 2. Los Osos Valley Road shall be improved with a 2 meter wide detached sidewalk, within a 4.267m(14 feet) wide landscaped parkway, street pavement, raised median island, signing, striping, street lights, etc.,to the satisfaction of the Director of Public Works. Said improvements shall align with the Los Osos Valley Road improvements required of Tentative Tract 2307 (DeVaul Ranch). 3. If the pavement requirements, along the Los Osos Valley Rd. frontage of this tract, are completed under another adjacent development project,the subdivider shall pay reimbursement for such work, as determined by the Public Works Director, prior to final map approval. Traffic lane transitions required by the City and/or County for such adjacent project shall not be subject to reimbursement. 4. The final alignments and grades of all street improvements, water mains, sewer mains, storm drains and utilities are subject to minor adjustments, to the satisfaction of the Director of Public Works and City Utilities Engineer. 5. All internal streets shall be improved with curbs, gutters & detached sidewalks, landscaped parkways and bulb-outs (without speed tables), full width street pavement, signing, striping, street lights, etc., in accordance with the approved conditions and tentative map for tract 2307,to the satisfaction of the Director of Public Works. 6. Vehicular access rights along Los Osos Valley Road shall be dedicated to the City. 7. The subdivider shall dedicate a 2m-wide public utility easement across the frontage of each lot along internal streets and a 3 m-wide easement along Los Osos Valley Road, to the satisfaction of the Public Works Director. Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. ATTACHMENT 4 Resolution No. (2001 Series) Page 3 8. The subdivider shall dedicate a 3m wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 9. If construction phasing of the new street pavement is proposed, the phasing shall provide for the ultimate structural street section and pavement life (per the City's Pavement Management Plan)prior to acceptance by the City. The engineer or record shall detail this requirement in the public improvement plans,to the satisfaction of the Public Works Director. 10. The subdivider shall install street lighting and all associated facilities (conduits, vaults, fusing, wiring, luminaries, etc.) per City standards, to the satisfaction of the Director of Public Works. 11. Sewer lift station charges are required to be paid prior to recordation of the final map as determined by the Utilities Engineer. 12. Final grades and alignments of all public water, sewer and storm drains(including service laterals and meters) shall be subject to change to the satisfaction of the Director of Public Works and Utilities Engineer. 13. The subdivider shall place underground, all existing overhead utilities along the Los Osos Valley Road frontage, to the satisfaction of the Public Works Director and utility companies. If this underground work is completed by another developer, the subdivider shall reimburse such party for the pro-rata share of this work,prior to final map approval, to the satisfaction of the Public Works Director. 14. Storm detention facilities are required. Detention basin and associated control facilities shall be privately owned and maintained by a"homeowners association". 15. All lots shall be graded to preclude cross-lot drainage, or, appropriate easements and drainage facilities shall be provided,to the satisfaction of the Director of Public Works. 16. The final map,public improvement plans and specifications 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. 17. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad(Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 3-a 9 ATTACHMENT 4 Resolution No. (2001 Series) Page 4 18. Prior to approval of the public improvement plans,the developer's engineer shall submit a digital copy of the public improvement plans to the Director of Public Works. The format shall be compatible with Autocad(Digital Interchange Format, DXF) for Geographic Information System(GIS) purposes.. 19. Prior to acceptance by the City of any public improvements, the developer's engineer shall submit a digital copy, in addition to the plan-set, of the revised"record drawing"public improvement plans to the Director of Public Works. The format shall be compatible with Autocad(Digital Interchange Format, DXF) for Geographic Information System(GIS) purposes. 20. Pedestrian-Bicycle Connections to Adjoining Tract: Improvement plans for this project must demonstrate how non-motorized public access will be provided from the northwest ends of Streets "B"and"C"to similar cul-de-sacs that are part of the adjoining subdivision, Tract 2307 (DeVaul Ranch)to the west. 21. Frontage Improvements and Delineation Plan: The location of the curb line along Los Osos Valley Road shall be-set at its ultimate location, to the approval of the Public Works Director. A delineation plan shall be submitted that shows all modifications to lane striping and installation of medians within Los Osos Valley Road across this project's frontage. This delineation plan shall be coordinated with those for the approved subdivision to the northwest (DeVaul Ranch) and the commercial subdivision to the southeast (Froom Ranch), to the satisfaction of the Public Works Director. 22. Traffic mitigation measures identified under Tentative Tract 2307 (DeVaul Ranch) shall be met and/or guaranteed under a subdivision agreement prior to recordation of the final map for this tract,to the satisfaction of the Public Works Director and Community Development Director. 23. The applicant shall prepare and submit an Affordable Housing Agreement for City review and approval per Section 17.19.110 of the Zoning Regulations. 24. All traffic and pedestrian signage shall comply with international design standards. 25. Street name signs shall comply with the newly adopted City standards. 26. Final design and location of the emergency access to the Froom Ranch property shall be approved by the Public Works Director, Community Development Director and Fire Chief. (Code Requirements) 1. Traffic impact fees are required to be paid prior to the issuance of a building permit. 3_3D ATTACHMENT 4 Resolution No. (2001 Series) Page 5 2. EPA Requirement: 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 five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. 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 Board. 3. Final street tree selection shall be approved by the City Arborist and the Community Development Director. Suitable street trees for the project include Melaleuca linariifolia, Quercus suber, Gleditsia triacanthos, Tipuana tipu, or Tristania conferta (no single species should constitute more than 50%of the total street tree population for this development). 4. Upon development, a water allocation will be required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781-7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of$150 per bathroom retrofitted. 5. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Currently, the Water Impact Fee is $6,827 per residential unit, and the Wastewater Impact Fee is $2,703. 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. Currently, it is expected that a portion of the existing gravity sewer system will require improvement in order to accommodate the additional flows from this project. In addition, the project developer will be required to pay the project's fair share of the cost to provide additional capacity at the Water Reclamation Facility,the Laguna Lift Station, and possibly the Howard Johnson Lift Station, as well. 7. Water and wastewater facilities shall be designed in accordance with the City's design and drafting standards. The tentative map shall indicate that the minimum design standards can be achieved, including 8" min. sewer mains at 0.5%minimum slope. 8. The applicant shall pay park-in-lieu fees consistent with SLO Municipal Code Section 16.40.080 SECTION 4. Effective Date. The resolution shall go into effect upon completion of the annexation of the property to the City of San Luis Obispo and Council approval of the Planned Development rezoning and Mitigated Negative Declaration. 3-,51 z ATTACHMENT 4 Resolution No. (2001 Series) Page 6 Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 12001. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: J . J gense • Ci ttomey 3-3z AT ACHMEW s RESOLUTION NO. (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE VESTING TENTATIVE TRACT MAP FORA 55-LOT RESIDENTIAL SUBDIVISION AND PLANNED DEVELOPMENT REZONING AT 11955 LOS OSOS VALLEY ROAD (TR/PD 87-00, Tract 2401) WHEREAS, the Planning Commission conducted a public hearing on January 10, 2001 and recommended approval of the Vesting Tentative Tract Map TR 87-00 and Planned Development Rezoning PD 87-00;and WHEREAS, the City Council conducted a public hearing on February 20 and April 3, 2001 and has considered testimony of interested parties, the records of the Planning Commission hearing and action,and the project evaluation and recommendations of staff;and WHEREAS, the City Council has considered the project's Mitigated Negative Declaration of environmental impact for its adequacy in evaluating this request; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Findings. That this Council,after consideration of Vesting Tentative Tract Map TR 87-00 and Planned Development Rezoning PD 87-00, the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: (Council to insertfindings here) SECTION 3. Denial. The request for approval of Vesting Tentative Tract Map TR 87-00 and Planned Development Rezoning PD 87-00 are hereby denied. On motion of , seconded by ,and on the following roll call vote: AYES: ATTACHMENT 5 Resolution No. (2001 Series) Page 2 NOES: ABSENT: the foregoing resolution was passed and adopted this day of ,2001. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: City Attorney Jeff Jorgensen 3-3q ATTACHMENT 6 council MewiniDa. j acEnda nEpom CITY O F SAN LUIS O B I S P O FROM: Ron Whisenand, Development Review Manager Prepared By: Peggy Mandeville, Associate Planner' SUBJECT: DEVAUL RANCH SOUTH TENTATIVE MAP AND PLANNED DEVELOPMENT REZONING FOR 130 RESIDENTIAL UNITS AT 11955 LOS OSOS VALLEY ROAD (TR/PD/ER 87-00) CAO RECOMMENDATION Approve the Planning Commission's recommendation to: A. Introduce an ordinance to print approving the Mitigated Negative Declaration and rezoning the 13.6 acre site from Conservation/Open Space (C/OS) to R-1-PD, R-2- PD, and R-3-PD based on findings. B. Adopt a resolution approving the vesting tentative map based on findings and subject to the City's growth management phasing schedule, conditions and code requirements. DISCUSSION Background In August of last year, the City Council approved the annexation and prezoning of the DeVaul Ranch South site to Conservation/Open Space (C/OS); interim zoning for the . . .. property until residential development plans could be processed. The annexation of this property, along with the adjacent Froom Ranch, was approved by the Local Agency Commission (LAFCo) with annexation taking place after substantial construction occurs on the Froom Ranch Home Depot site. Proiect Description The applicant has submitted applications for subdivision, PI) rezoning, architectural review and environmental review. The subdivision would allow for the development of 77 apartment units, 19 single family dwellings, 34 duplexes and the potential for 17 secondary dwelling units. The PD rezoning would allow for more variation in the project design than normal standards allow. These applications have been reviewed by both the Planning Commission and Architectural Review Commission and their recommendations are included in this report. 3 3S Council Agenda Report-" D/ER 87-00 Page 2 ATTwCH11C11fT 6 Data Summary Address: 11955 Los Osos Valley Road Applicant: Jet-Ski Land Development County Zoning: Residential Multi-Family City General Plan: Medium Density Residential Environmental Status: A Mitigated Negative Declaration is recommended by the . Development Review Manager. Action Deadline: Legislative projects are not subject to permit streamlining deadlines. Site Description The 13.6 acre site is located on the south westerly side of Los Osos Valley Road, north westerly of US Highway 101 and south easterly of Madonna Road (see Attachment 1, Vicinity map). The rectangular site is bordered by Los Osos Valley Road to the north- east and the Irish Hills to the southwest. The site is relatively flat and is covered in row crops. A composite drawing showing the approved DeVaul Ranch North development and the proposed Froom Ranch Costco project in relation to.this project will be available for review at the meeting. A copy of the plans for the widening of Los Osos Valley Road can be found in the Council read file. Planning Commission Review On January 10, 2001 the Planning Commission recommended City Council approval of the Mitigated Negative Declaration, vesting tentative tract map and PD rezoning (see Attachment 2, Site plan with rezoning). .The Commission determined that the project density should not include the 17 secondary dwelling units which is consistent with the City's-Secondary Dwelling.Unit regulations.. The Commission generally supported the project and its design pursuant to the staff recommendation with the addition of 13 conditions and two mitigation measures (see Attachment 6, Planning Commission resolution). Project issues addressed by the Planning Commission can be found in the Planning Commission staff report and meeting minutes (Attachment 7 & 8). Architectural Review Commission Review On September 5, 2000 the Architectural Review Commission (ARC) held a study session to review preliminary plans for the site and provide direction to the applicant. On February 5, 2001 the ARC reviewed the revised plans and approved the project's architectural and site design pursuant to the staff recommendation with the addition of one condition subject to Council approval of the rezoning and tentative map. The additional condition ensures that two open space areas (adjacent to Lot 31 and the detention basin) include seating for their use as private pocket parks. The Commission generally liked the project design that had been refined by the applicant in response to staff and Commission comments. The Commission particularly liked the inclusion of J � Council Agenda Report-T WER 87-00 Page 3 AMrJ4MW 6 secondary dwelling units into the project design. Project issues addressed by the ARC can be found in the ARC staff report and meeting update(Attachment 9 & 10). Environmental Review A number of environmental initial studies have been prepared for this property and adjoining properties. The City Council certified the 1994 Land Use Element Update Supplemental EIR which addressed the potential change of use of this property from agricultural to residential including adoption of a statement of overriding considerations. The City Council certified the Final EIR for the adjacent DeVaul Ranch North project (which included a schematic design for a similar development on this property) and adopted a mitigation monitoring program to ensure that the adopted mitigation measures are implemented. The Board of Supervisors certified the Final EIR for the adjacent Eagle Hardware project that .considered the impacts of a residential development on this property similar to the current proposal. Finally, the City Council approved a Negative Declaration for the annexation and prezoning of the site to Conservation Open Space (C/OS)as interim zoning. The attached initial study (see Attachment 11) prepared for this project and revised by the Planning Commission utilizes information provided in the above environmental documents as well as information prepared specifically for this project. Mitigation measures are proposed to address potential environmental impacts. With the implementation of these mitigation measures, the project will not have a significant effect on the environment. Proposed mitigation measures include the provision of landscape buffers and view corridors, creation of a maintenance association, design of the drainage/debris basins and channels as naturally occurring features, Congdon tarplant mitigation, provision of affordable housing, granting of an avigation easement and transportation improvements. A letter submitted to the Planning Commission by Michael Sullivan cites inadequacies with the initial study. In response to the letter (see Attachment 12), staff made some revisions to the initial study for clarification purposes. Staff, however, did not change the environmental determination and does not support Mr. Sullivan's determination that the environmental document is inadequate. To ensure the adequacy of the proposed Mitigated Negative Declaration prepared by staff, the applicant (Jet-ski Land Development) hired C.ea Environmental Consultants (the firm that prepared the DeVaul Ranch EIR) to prepare an independent evaluation of the potential environmental impacts of the DeVaul Ranch South Planned Development. c.ea's analysis (available in the Council read file) concluded that a mitigated negative declaration was the appropriate environmental document for the project. c.ea recommended two additional.mitigation measures (concerning air quality and soils) to provide the project with added environmental protection. The Planning Commission reviewed these two additional mitigation measures at their meeting and voted to �3 37 Council Agenda Report-T, -VER 87-00 Page 4 AMHMENT 6 recommend their inclusion in the Mitigated Negative Declaration. It is important for the Council to remember thatthe purpose of the California Environmental Quality Act (CEQA) process is to fully study the impacts and develop a series of mitigation measures to less project impacts to a "less than significant" level. This can be accomplished with either a mitigated negative declaration or an EIR.. It is staff and the Planning Commission's belief that the detailed environmental analysis prepared for this project (which contains 42 mitigation measures and references past EIRs that addressed the residential development of this property) fully complies with the disclosure requirements of CEQA. General Plan Compliance The Land Use Element identifies the site as within the City's Urban Reserve Line and located within one of the City's principal expansion areas. The Land Use Element also identifies the site as within the Special Design Area of the Irish Hills and calls for the site to be"zoned for appropriate urban districts upon approval of development plans." Land Use Element policy 8.10.1 says,"About 38 acres northerly from the vicinity of the Garcia Drive intersection is designated Medium-Density Residential. This area may accommodate about 500 dwellings. There should be a range of housing types, with low density, medium density, and medium-high density development each occupying about one-third of the area." Together with the DeVaul Ranch North project approvals for 269 dwelling units, a total of 399 dwelling units will be constructed within this special study area. The resulting 130 dwelling units for the DeVaul Ranch South project (with the potential for 17 secondary dwelling units) complies with the density envisioned for this property in the General Plan. Land Use Element policy 13.3.2 says that within the urban reserve line, areas which are to be developed with urban uses should be annexed before urban development occurs. The proposed subdivision and PD rezoning implement these goals and policies of the City's General Plan and therefore can be found to be consistent with the General Plan. Additional General Plan policies that'apply to this project are identified and addressed in the Land Use and Planning section of the attached initial study (see Attachment 11). Compliance with Growth Management Policies The project is required to comply with the City's growth management regulations. The Council-approved residential growth management phasing schedule (see Attachmentl3) allocates 150 dwelling units for DeVaul Ranch South to be constructed within 3 three- year periods between the years 2005 and 2013. As part of the City's annual consideration of the phasing schedule (which is tentatively scheduled to be heard by the City Council in March), the applicant will be requesting that these allocations be moved forward to coincide with the DeVaul Ranch North construction. 30C�1_ Council Agenda Report-T' WER 87-00 Page 5 � y 6 Compliance with Inclusionary Housing Ordinance The City's inclusionary housing ordinance requires residential projects within an expansion area (which this is) to build 5% low income dwelling units (7 units) and 10% moderate income dwelling units (13 units) or pay an in lieu fee. The applicant proposes to provide the affordable housing within the project by designating 2 single family units, 5 duplexes and 6 apartment units as moderate income units and 7 apartments as low income units (see Attachment 3, Exhibit C for location of affordable units). This allocation is consistent with what was provided for in the DeVaul Ranch North project (see Attachment 7, Planning Commission staff report for details). CONCURRENCES The Public Works, Utilities and Fire Departments have reviewed and commented on the proposed project. Their comments are included as conditions of approval. FISCAL IMPACT Fiscal impacts will be limited to costs to maintain the new public improvements (City streets). The landscape parkways, the R-2-PD alleyway and detention basin are recommended to be maintained by the homeowners association which is consistent with what was required of DeVaul Ranch North. ALTERNATIVES 1. The Council may deny the subdivision and PD rezoning, if the Council finds that it is inconsistent with the General Plan or the necessary findings cannot be made. 2. The Council may approve the project with modified findings and/or conditions. 3. The Council may continue action on this item if additional information is needed. Direction should be given to staff and the applicant. Attachments: 1. Vicinity Map 2. Site plan with proposed rezoning 3. Draft PD rezoning ordinance/Exhibit A, B, and C 4. Draft resolution of approval of tentative map 5. Draft resolution of denial of PD rezoning and tentative map 6. Planning Commission resolution 7. Planning Commission-staff report 8. Planning Commission meeting minutes 9. Architectural Review Commission staff report 10. Architectural Review Commission update 11. Environmental Initial Study and Mitigation Monitoring Program 12. Letter from Michael Sullivan 13. Growth management phasing schedule 3-.�9 AMENDED INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For Mitigated Negative Declaration ER 87-00 1 . Project Title: DeVaul Ranch South Planned Development 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street. San Luis Obispo, CA 93401 3, Contact Person and Phone Number: Peggy Mandeville, 781-7175 4. Project Location: 11955 Los Osos Valley Road 5. Project Sponsor's Name and Address: Jet-Ski Land Development #3, LLC 484 Mobil Ave., Suite 19 Camarillo, CA 93010 6. General Plan Designation: Medium Density Residential 7. Zoning: Conservation/Open Space (interim zoning) 8. Description of the Project: The proposed planned development rezoning from C/OS to R-1-PD, R-2-PD and R-3-PD, subdivision of the 13.6 acre site into 55 lots, and architectural review would allow the development of 77 apartment units, 19 single family units, 34 duplexes and the potential for 17 secondary dwelling units. 9. Surrounding Land Uses and Settings: To the general south is the Froom Ranch. ranchland,.farmhouse and outbuildings. County approvals allow the development of a home improvement store at this location. To the general north and west is agricultural land with City approvals for single and multi-family residential development. To the general east is existing single family residential development and a school.. 10. Project Entitlements Requested: Vesting tentative map, planned development rezoning and architectural review. 11 . Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): Airport Land Use Commission ATPAD_�_ 1' ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. X Aesthetics Geology/Soils Public Services Agricultural Resources Hazards & Hazardous Recreation Materials X X Air Quality Hydrology/Water Quality Transportation & Traffic X _ X Biological Resources Land Use and Planning Utilities and Service Systems X X Cultural Resources Noise Mandatory Findings of Significance Energy and Mineral Population and Housing Resources There is no evidence before the Department that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and NEGATIVE DECLARATION will be prepared. 1 find that although the proposed project could have a significant effect on the environment, there X will not be a significant effect in this casebecause revisions in the project have been made, or the mitigation measures described on an attached sheet(s) have been added and agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) ha been addressed by mitigation measures based on the earlier analysis as described on attache sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment because all potentially significant effects (1) have been analyzed adequately in an earlier EIR o NEGATIVE DECLARATION pursuant to applicable_ standards, and (2) have been avoided or CITY OF SAN Luis OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3-� l ATTACH mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or 17 mitigation measures that are imposed upon the proposed project, nothing further is required. .February 8, 2001 Signature Date Ronald Whisenand, Development Review Manager Community Development Dir. Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards.(e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. The explanation of each issue should identify the significance criteria or threshold, if any, used to evaluate each question. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce. the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) of the California Administrators Code. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. i CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3-�z � Y Issues and Supporting Informz Sources Sources Pot, !y Less Than Lessrhan rro Sigi,& Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporatc!Amcmff k1 b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they.address site-specific conditions for the project. . 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a_scenic vista? 1 X b) Substantially damage scenicresources, including, but not. X limited.to; trees, rock outcroppings, open§pace, and. historic buildings within a local or state scenic highway? c) Substantially degrade the existing visual character or. 8,9 X quality of the site and itssurroundings? d) Create a new source of substantial light or glare which 2 X would adversely effectday of nighttime views in the area: Views This section of Los Osos Valley Road is identified in the City's Circulation Element as a"road with moderate to high scenic value". The scenic designation is based on the visual quality of the landscape through which th road travels. The high visual quality of the Los Osos Valley Road corridor is generally defined by two primar factors: the unobstructed views of the adjacent hillsides and the rural character of the valley floor. This hig visual quality rating is moderated in areas where views of the hillsides are reduced or wherethe visual integrity of the rural open space has been altered.. The project site which is currently in use for crop production is visible from Los Osos Valley Road (LOVR). No structures are located on the site other than perimeter wire fencing. Prominent visual features seen from Lo Osos Valley Road include the site's pasture/agricultural lands in the foreground and the scenic backdrop of th Irish Hills. Introduction of the project features will eliminate the rural elements of the existing view and will create a definite urban appearance. The Land Use and Open Space Elements of the City's General Plan allo for urban development of this and adjoining sites. It is important however, that this development maintain views of the Irish Hills which will soften the impact of interjecting an urban development into a rural landscape It also creates the sense that the project is cognizant of its environment and has taken steps to blend into it surroundings. Previous project approvals on either side of this property (DeVaul Ranch North and Froom Ranch) will alter the existing rural character of the area. Likewise, the widening Los Osos Valley Road (required by the Froom an DeVaul Ranch North projects) will also alter this rural image. Although the visual characteristics of the area will further change with the development of this project, given the scale of this project and the fact that it i located between two developing properties, the project will not result in a significant impact to the visua quality of the area. Along Los Osos Valley Road, the visibility of the proposed apartments as well as the view of the Irish Hills will depend on the plant materials selected, the width of the landscape area and the final landscape design. A wel planned and effective berm and landscape strip may not be possible given the limited space shown on project plans. This impact is potentially significant unless the width of the landscape strip is increased, or the applicant demonstrates that the proposed strip can effectively screen the project and improve the visual qualit of the site and surrounding area. Additionally, coordination with the DeVaul Ranch North.landscape plan an the inclusion of palm trees in the landscape plan will provide a continuation of the existing landscape patter along LOVR and helps to integrate the project into the area. CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3- 43 i Issues and Supporting Informi Sources Sources IBot, y Less Than Less Than No Sigi. ..it Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporated ATTACNEW s Generally, landscaping which is sufficiently dense and tall to screen completely the proposed apartments coul also limit the ridgeline views of the hills. To mitigate this potential impact, the applicant should be required t submit a detailed landscaping plan for City review and approval. The plan should identify evergreen an deciduous plant materials, the horizontal and vertical limits of plantings, the materials used to screen th apartments and parking areas, but not hinder views of the hills. The project's southeasterly boundary will be in full view from LOVR since minimal screening is proposed along this boundary. Development of the adjacent parcel may eventually screen the site and reduce its exposure however there is no guarantee adjacent screening will be adequate. Failure to screen this view could b considered a potentially significant impact. To mitigate this potential impact, the applicant should submit detailed landscape plan for this area for City review and approval. Maintaining a two-story height limit for the apartments will retain ridgeline views of the Irish Hills. Although the apartments will block lower elevation views of the hills, maintaining the upper views helps preserve the imagery that a rural and urban interface exists. Additionally, the applicant's proposal to locate public art at th project's Los Osos Valley Road frontage may help make the site more visually appealing and interesting. Light and Glare To ensure project lighting does not create any negative aesthetic impacts, proposed lighting should be reviewe and approved by the City for compliance with City standards. CONCLUSION: Less than significant with mitigation incorporated. Mitigation Measures: 1. Provide a landscape buffer along LOVR and along the south side of the property boundary abutting Froom Ranch: 2. Plant palm trees to mirror the existing palms across LOVR. 3. Coordinate landscape plans for the property with plans submitted for the adjacent DeVaul Ranch North and Froom Ranch. 4. Incorporate landscaping elements including decorative paving, walls, and fencing. 5. Install public art at the project's LOVR entry. 6. Create a "maintenance association" to facilitate long term care of landscaping. 7. Eliminate on-street parking on DeVaul Ranch Road between LOVR and Tonini Drive. 8. Design the detention basin to appear as a naturally occurring feature and revegetate the perimeter wit native plants and trees to further reduce its engineered ,appearance. 9. Limit the height of the three apartment buildings closest to LOVR to 26 feet in height. These building heights shall be considered maximum unless during the architectural .review process the applicant ca demonstrate through the site plan and architectural design that views of the upper portions of the Iris Hills will not be blocked. 10. Screen from view any necessary water pumps, valves, backflow preventers, and service cabinets. 11. Design the detention basin so it does not require fencing. 12. Submit a detailed landscaping plan for the LOVR project frontage and the southern edge of the propert abutting the Froom Ranch property for review and approval by the City. The plan shall identify evergreen and deciduous plant materials, retaining walls, earth mounding, the horizontal and vertical limits of plantings, and other materials used to effectively screen the parking areas and soften the views of the development, but not hinder views of the hills. 13. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixtures,. standard and base, shall no be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directl beneath the fixture shall not exceed 10 footcandles. `� CITY OF SAN LUIS OBISPo 5 INITIAL STuoy ENVIRONMENTAL CHECKLIST 2000 Issues and Supporting Informa\ Sources Sources Pair v Less Than Less Than No _ Sign n Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact Mitigation 11955 Los Osos Valley Road Incorporated 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of 6,10, X Statewide Importance (Farmland), as shown on the maps 16 pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? c) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The 13.6 acre site is identified as having prime agricultural soils based on the 1984 USDA Soils Conservation Service Survey. The soil is well suited for vegetable crops, dryland farming and pasture, however, crop production is greatly reduced during the winter unless surface and subsurface drainage systems are installed For agricultural production, it has a capability of Class Its-5 when irrigated. This means the soil has moderate limitations that reduce the choice of plants or requires moderate conservation practices. The site has been used for grazing and periodically for field crops. The County Agricultural Commissioner has determined that development of the propertywould not result in significant agricultural resource issues (letter dated 9/5/00 from Robert Hopkins to Paul Hood). The City's General Plan and Zoning Regulations designate the site for residential development. Additionally, 269-unit residential development has been approved on the property to the immediate northwest and a Hom Depot home improvement store has been approved to the southeast leaving a limited area available fo agricultural production and the potential for land use conflicts should the agricultural production continue at location surrounded by urbanized development. Finally, it is generally recognized that there are agricultura benefits with locating residential suburbs within existing urban areas versus locating these uses further out i the rural areas with the accompanying set of problems'for agriculture. The site is not within a Williamson Act preserve. Therefore, no conflicts with existing zoning for agricultural use or a Williamson Act contract will result. CONCLUSION: Less than significant. Because the intent of the City's General Plan is to eventually convert the property to residential uses, this project is not considered a significant impact. In addition, the City Council, i adopting the Land Use Element EIR, recognized the loss of agricultural land on this property and adopted statement of overriding considerations. 3. AIR QUALITY. Would the project: a) Violate any air quality standard or contribute substantially 4,8, X to an existing or projected air quality violation? 117 b) Conflict with or obstruct implementation of the applicable 4,17 X air quality plan? c) Expose sensitive receptors to substantial pollutant X concentrations? d) Create objectionable odors affecting a substantial number X of people? e) Result in a cumulatively considerable net increase of any 4,8 X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? The project's impact to air quality will be from several different sources. Construction related emissions suc moi/ CRY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 Issues and Supporting Informa Sources Sources Por y Less Than Less Than No Sigi.. .nt Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporated as dust from grading will contribute to short term air quality impacts. Vehicular or mobile SOMARMINNIFUns wil incrementally degrade regional air quality as a result of trips to and from the project site. Emissions from various household sources will also incrementally degrade regional air quality over a long period of time. Short-term Impacts During project construction of future development, there will be increased levels of fugitive dust associate with construction and grading activities, as well as construction emissions associated with heavy-duty construction equipment. Compliance with the dust management practices contained in Municipal Code Sectio 15.04.040 X. (Sec. 3307.2) will adequately mitigate short-term impacts. Long-Term Impacts San Luis Obispo County is a non-attainment area for the State ozone and PM,o (fine particulate matter 10 microns or less in diameter) air quality standards. State law requires that emissions of non-attainment pollutants and their precursors be reduced by at least 5% per year until the standards are attained. The 199 Clean Air Plan (CAP) for San Luis Obispo County was developed and adopted by the Air Pollution Control District (APCD) to meet that requirement. The CAP is a comprehensive planning document designed to reduce emissions from traditional industrial and commercial sources, as well as from motor vehicle use. Land Use Element Policy 1..18.2 states that the City will help the APCD implement the Clean Air Plan. Motor vehicles account for about 40% of the precursor emissions responsible for ozone formation, and are als a significant source of PM,o. Thus, a major requirement in the CAP is the implementation of transportation control measures designed to reduce motor vehicle trips and miles traveled by local residents. The APC recommends that site development include mitigation measures to encourage transportation alternatives to th single occupant vehicle and make the project attractive to bicyclists and pedestrians. CONCLUSION: Less than significant with mitigation incorporated. Mitigation Measures: 14. All material excavated or graded shall be sufficiently watered with non-potable water to prevent excessive amounts of dust. During the time period in which.grading will occur, watering shall occur a least twice daily including weekends with complete coverage, preferably in the late morning and afte work is finished for the day. 15.All clearing, grading, earth-moving, or excavating activities shall cease during periods of high wind (greater than 15 mph averaged over one hour) to prevent excessive amounts of dust. 16. If soil materials are transported on or off-site, they shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 17. Exposed ground areas that are planned to be reworked at dates greater than one month after initia grading shall be sown with fast germinating native grass seed and watered until vegetation become established. 18.All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders jute netting, or other methods approved in advance by APCD. 19. On-site vehicle speed during construction shall be limited to 15 mph for any unpaved surface. 20.All unpaved areas with vehicle traffic shall be watered at least twice per day including weekends, using non-potable water. 21.Wheel washers shall be installed where vehicles enter and exit unpaved roads and streets, or provision shall be made to wash off trucks and equipment leaving the site. 22.Prior to issuing occupancy permits for each single family residence, shade trees shall be planted at rate of not less than 1 tree/4000 s.f. of land. The trees shall be planted to provide shading of the residence in the summer so as to reduce air conditioning requirements and fossil fuel use. 23. Residences shall be equipped with solar-assisted water heaters or similar energy conserving featur 111111111111iQ11 CITY OF SAN Luis OaISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 -,17L6 Issues and Supporting InformE Sources Sources Pot, y Less Than Less an No Sign. .nt Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporated consistent with City policies and programs at the time of construction. One method would be to increase wall and attic insulation beyond Title 24 requirements. 24. Bicycle lockers shall be included in the design of the apartment project. 25. Parking for the apartment project shall accommodate electric vehicles. 26. Site preparation activities (major earthwork) shall be scheduled to occur consecutively, rather tha simultaneously with the neighboring projects to the north and south. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or 1 X indirectly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect, on any riparian habitat 12,8, X or other sensitive natural community identified in local or 9 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Conflict with any local policies or ordinances protecting 1 X biological resources, such as a tree preservation policy or ordinance (e.g. Heritage Trees)? d) Interfere substantially with the movement of any native 9 X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with the provisions of an adopted habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? f). Have a substantial adverse effect on Federally protected X wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, etc.) through direct removal, filling, hydrological interruption, or other means? Animals No federal or state-listed wildlife species have been located or are expected to occur on the project site Typical wildlife expected to utilize the site include common birds and mammals adapted to human disturbance Wildlife observed on the site include the red-winged blackbird, red-tailed hawk, mourning dove, turkey vulture jackrabbit, and California ground squirrel. Plants The site is presently is use for agricultural production. In 1997, Dr. VL Holland observed at least one live Congdon's tarplant and scattered dry individuals of Congdon's tarplant in the site's fallow agricultural fields. I surveys conducted in 1998, 1999 and 2000, the Congdon's tarplant was common along the fenceline and dirl roads of the agricultural fields. While most of the 13.6 acre site is in row crops, the occurrence of Congdon' tarplant along the fencelines and roadsides indicate that the site and surrounding area are historical an potential habitat for this species. In 1998, the City Council amended the City's Open Space Element to allow for on-site and off-site protection of plant species on the California Native Plant Society (CNPS) List 1B and 2 when no practical alternative exists (see Attachment 5, Definition of practicable alternative). The Congdon's tarplant is one of the plant `/ CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 1 3l'T Issues and Supporting InformE Sources Sources Pot y Less Than Less Than No Sign. .m Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporated s identified on the CNPS's list (see Attachment 6, Tarplant location map). In this particular case, no practical alternative exists on-site and therefore off-site mitigation is recommended. This approach would protect the plant through an off-site mitigation program and maintain the General Plan's capacity for housing. CONCLUSION: Less than significant with mitigation incorporated. Mitigation Measures: 27.At the applicant's expense, a restoration and transplanting plan shall be prepared by a qualified plan restoration ecologist. The plan shall identify the location of a suitable site or sites in an open space are off-site (possibly at the City's wastewater treatment plant) where a colony of Congdon's tarplant (Hemizonia parryi ssp. Congdonii) can be established. The restoration plan shall identify the number o plants to be replanted and the methods which will be used to preserve this species in this location. Th plan shall also include a monitoring program so that the success of the effort can be monitored yearly ove a three- to five-year period. The restoration effort shall be coordinated with the California Department o Fish and Game, the US Wildlife Service, the California Native Plant Society, and the City of San Luis Obispo. Any federal, state or local permits required to commence such a program will be acquired an implemented by the applicant. The mitigation plan shall include the provision for replacement of habitat t the satisfaction of the Natural Resources Manager and the City Council should the initial mitigation prograrr be unsuccessful within five years. S. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of X a historic resource? (See CEQA Guidelines 15064.5) b) Cause a substantial adverse change in the significance of 11 X an archeological resource? (See CEQA Guidelines 15064.5) c) Directly or indirectly destroy a unique paleontological 8,9 X resource or site or unique geologic feature? d) Disturb any human remains, including those interred 8,9 X outside of formal cemeteries? An archival search identified several archaeological sites in the vicinity, but noton the subject property. Likewise, a surface survey did not find any signs of prehistoric cultural materials. Based on the surface survey and records search, the property is not likely to have a significant adverse impact on prehistoric cultural resources. CONCLUSION: Less than significant with mitigation. Mitigation Measures: 28. If any previously undiscovered prehistoric cultural material or buried concentrations of historic cultura materials are discovered during any construction activities, all activities that may disrupt those material shall cease and the Community Development Director shall be notified immediately of the discovery o archaeological materials. Under most circumstances, the applicant will be directed to retain a qualifie archaeologist to immediately visti the site, evaluate the materials recovered, and consult with the Directo to determine the appropriate course of action. Under the direction of the archaeologist, a mitigation pla shall be developed and approved by the City pursuant to the City's Archaeological Resource Preservatio Guidelines. 6. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? 1 X b) Use non-renewable resources in a wasteful and inefficient 1 X manner? `� CITY OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 Issues and Supporting Informa Sources Sources Pote Less Than Less Than No Sign.. _.d Significant Significant Impact Issues With Impact ER 87-00, Jet-Ski Planned Development Mitigation 11955 Los Osos Valley Road Incorporated ATTACH c) Result in the loss of availability of a known mineral 1 X resource that would be of value to the region and the residents of the State? The Energy Element states that, "New development will be encouraged to minimize the use of conventional energy for space heating and cooling, water heating, and illumination by means of proper design an orientation, including the provision and protection of solar exposure." The City implements energy conservation goals through enforcement of the California Energy Code which establishes energy conservatio standards for residential and nonresidential construction. Any development of the site must meet those standards. The City also implements energy conservation goals through architectural review. Project designer are asked to show how a project makes maximum use of passive solar energy by means of reducing conventional energy demand, as opposed to relying on mechanical systems to maintain comfort. CONCLUSION: No impact, as any development must comply with City established energy conservation standards and all applicable state requirements. 7. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including risk of loss, injury or death involving: I. Rupture of a known earthquake fault, as delineated in 7 X the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other substantial evidence of a known fault? II. Strong seismic ground shaking? 7 X Ill. Seismic related ground-failure, including liquefaction? 7 X IV. Landslides or mudflows? 7 X b) Result in substantial soil erosion or the loss of topsoil? 7 X c) Be located on a geologic unit or soil that is unstable, or 7 X that would become unstable as a result of the project, anc potentially result in on or off site landslides, lateral spreading, subsidance, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B o- 13 X the Uniform Building Code (19941, creating substantial risks to life or property? CITY OF SAN Luis OBISPo 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3 -� 9 Issues and Supporting Informa Sources Sources Potr v Less Than Less Than No Sip, at Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporated _ ATNOW 6 Faulting The closest mapped active fault is the Los Osos Fault zone, which extends to within about 0.75 mile and i northwest of the site. Other active faults in the region include the San Simeon-Hosgri fault zone, locate approximately 12 miles to the west, the San Andreas fault zone about 30 miles to the northeast, and the Nacimiento fault approximately 12 miles to the northeast. A fault investigation was performed on the DeVaul Ranch North property in June, 1998. Theinvestigation revealed a trace fault within the Los Osos fault zone in the designated open space area. The investigatio concluded that the property contained no mapped faults, nor was evidence of active faulting found, within 5 feet of any proposed residential lots. An Engineering Geology Investigation was completed and a subsurface fault investigation conducted by the applicant's consultants for the DeVaul South property. A 510-foot long trench was excavated approximate) 15 feet deep and no evidence of faulting was discovered within the trench. Routine development conditions, engineering, and construction procedures are measures which will mitigate any potential seismic impacts to less than significant level. Soils Results from the subsurface investigation show that soils are generally expansive, of low plasticity, relative) dense, moist to very moist with a moisture content greater than 40 percent, and have a high cohesion. Site soils are generally lean clays with groundwater at approximately 25 feet below ground surface. Assuming the recommendations of the soil engineering report are implemented, the potential for seismically induce settlement and differential settlement is considered to be low. Review of plans by a geotechnical engineer wil ensure compliance with required codes. The potential for grading and erosion impacts, while always present, is not likely to be disproportionately large or unique at this location. Cumulative grading and erosion impacts can be mitigated through continued projec review and the application of City required erosion control measures. CONCLUSION: Less than significant with mitigation incorporated. Mitigation Measures: 29. The designs of all foundations, curbs, and other structures shall be reviewed bya geotechnical engineer to ensure they are compatible with the soil properties and conditions on the site, consistent with standards of the Building Codes. S. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the 1 X environment though the routine use, transport or disposal of hazardous materials? b) Create a significant hazard to the public or the 1 X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Expose people or structures to existing sources of X hazardous emissions or hazardous or acutely hazardous materials, substances, or waste? e) Be located on a site which is included on a list of X CRY OF SAN Luis OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3 Issues and Supporting Informa Sources Sources Pote Less Than Less Than No �- Sign. t Significant Significant Impact Issues With Impact ER 87-00, Jet-Ski Planned Development Mitigation 11955 Los Osos Valley Road Incorporated AgAMWTVG hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, it would create a significant hazard to the public or the environment? f) For a project located within an airport land use plan, or 5 X within two miles of a public airport, would the project result in a safety hazard for the people residing or working in the project area? g) Impair implementation of, or physically interfere with, the 1 X adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of lose, 1 X injury, or death, involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents are intermixed with wildlands? The site does not contain any known hazardous substances and is not located in an area of high risk. The site is within Airport Land Use Zone 6, Other Land in Planning Area. Residential development is "compatible" use within Area 6. Because the site is within an area where airplanes are known to fly, safety and noise can be issues. The Airport Land Use Commission reviewed the applicant's request to annex this property for residential development and recommended approval of the residential development with condition called out in the Airport Plan as well as notification of potential residents of the site's proximity to the airport and possible flight overpath impacts. See the Transportation section of this initial study for airport relate mitigation measures. CONCLUSION: Less than significant. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge X requirements? b) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (eg. The production rate of preexisting nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? c) Create or contribute runoff water which would exceed the 14 X capacity of existing or planned storm-water drainage systems or provide substantial additional sources of polluted runoff. d) Substantially alter the existing drainage pattern of the site 14 X or area in a manner which would result in substantial erosion or siltation onsite or offsite? e) Substantially alter the existing drainage pattern of the site 14 X or area in a manner which would result in substantial flooding onsite or offsite? f) Place housing within a 100-year flood hazard area as 14 X mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map' g) Place within a 100-year flood hazard area structures 14 X which would impede or redirect flood flows? CITY OF SAN Luis OBIspo 12 INmAL STUDY ENVIRONMENTAL CHECKLIST 2000 3� 5/ Issues and Supporting Informa Sources Sources pote Less Than Less Than No Sign. rt Significant Significant Impact Issues With impact ER 87-00, Jet-Ski Planned Development Mitigation 11955 Los Osos Valley Road Incorporated h) Otherwise substantially degrade:water.quaiity? 1 X The City's plans and ordinances for minimizing flood damage are based on anticipated flooding from a 100-yea storm. All new construction must be designed so that the lowest floor of all residences is at least one foo above the 100-year flood elevation. Furthermore, all improvements must be designed in a way that accommodates drainage and does not contribute to flooding in downstream areas. In conjunction with City wide programs to maintain drainage channels and minimize flood hazards, these measures reduce th cumulative potential.for flooding impacts. Potential increases in storm runoff from new development along this section of Los Osos Valley Road are avoided on a project-by-project basis through the design and construction of detention basins and othe drainage improvements in individual developments. With the proposed improvements, estimated discharges are less than pre-development conditions which demonstrate that the design can maintain peak flows at or belo their current levels and not contribute to downstream flooding or impede the design of other drainage improvements in future developments. CONCLUSION: Less than significant. Increases in surface runoff represent a potentially significant impact, but improvements required of any development in the City will mitigate this impact to a less than significant level. 10. LAND USE AND PLANNING - Would the project: a) Conflict with applicable land use plan;.policy,.or regulation 1 X of an agency with jurisdiction over the project adopted fo the purpose of avoiding or 'mitigating an environmenta effect? b) -Physically divide an established community? 1 X c) ' Conflict with any applicable habitatconservation plan o 1 X natural community conservation.plans? The City's General Plan applies a designation of Medium Density Residential (12 du/ac) to the site. The proposed DeVaul Ranch South project proposes 130 dwelling units on a 13.6 acre site resulting in a density o 9.5 du/ac. complying with the densities called for in the General Plan. The project also complies with the following General Plan policies: LU 1.13.4: Development and Services Actual development in an annexed area may be approved only when adequate City services can be provided fo that development, without reducing the level of services or increasing the cost of services for existing development and for build-out within the City limits as of July 1994, in accordance with the City's water management policies. Water for development in an annexed area may be made available by any one or an combination of the following: AJ City water supply, including reclaimed water; B/ Reducing usage of City water in existing development so that there will be no net increase in long-ter water usage; C1 Private we# water, but only as an interim source, pending availability of an approved addition to City wate sources, and when it is demonstrated that use of the well water will not diminish the City's municipa groundwater supply. The City currently has adequate water treatment capacity for build-out of the DeVaul Ranch project and ha planned capacity upgrades to meet the needs of full build-out under the General Plan. Development impac fees reimburse the City's water fund for capital expenses required to ensure that new development funds it fair share of the cost of developing additional water supplies. Until the City obtains a supplemental source o supply, new development must retrofit to offset twice its expected water use before construction can begin Phased development of the DeVaul Ranch will proceed with a combination of water offsets, reclaimed water, and on-site well water. Compliance with the provisions of the Water Allocation Regulations and the paymen CITY OF SAN Luis Oaispo 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 � sz Issues and Supporting Informa Sources Sources Pot! v Less Than Less Than No Sign., .at Significant Significant impact Issues With impact ER 87-00, Jet-Ski Planned Development Mitigation 11955 Los Osos Valley Road Incorporated of water impact fees will adequately mitigate the effects of increased water demand. LIJ 2.1.5: Neighborhood Connections All areas should have a street and sidewalk pattern that promotes neighborhood and community cohesiveness There should be continuous sidewalks or paths of adequate width, connecting neighborhoods with each othe and with public and commercial services to provide continuous pedestrian paths throughout the City. The DeVaul Ranch project has been designed with pedestrian and vehicular connections to adjacent propertie thereby complying with this policy. LIJ 2.2.2: Separation and Buffering Residential areas should be separated or screened from incompatible, nonresidential activities, including mos commercial and manufacturing businesses, traffic arteries, the freeway, and the railroad. Residential area should be.protected from encroachment by detrimental commercial and industrial activities. Screening and buffering of the neighboring commercial development on Froom Ranch will be addressed throug the architectural review process. LIJ 2.2.12: Residential Project Objectives Residential projects should provide: a. Privacy, for occupants and neighbors of the project, b. Adequate usable outdoor area, sheltered from noise and prevailing winds, and oriented t receive light and sunshine; c. Use of natural ventilation, sunlight, and shade to make indoor and outdoor spaces comfortable with minimum mechanical support, d. Pleasant views from and toward the project; e. Security and safety; f. Separate paths for vehicles and for people, and bike paths along collector streets; g. Adequate parking and storage space; h. Noise and visual separation from adjacent roads and commercial uses. (Barrier walls, isclating project, are not desirable. Noise mitigation walls may be used only when there is no practicable alternative. Where walls are used, they should help create an attractive pedestrian, residentia setting through features such as setbacks, changes in alignment, detail and texture, places fol people to walk through them at regular intervals, and planting).. i. Design elements that facilitate neighborhood interaction, such as front porches, front yard along streets, and entryways facing public walkways. j. Buffers from hazardous materials transport routes, as recommended by the City Fire Department. As part.of the architectural review process, the project will be evaluated for compliance with the policy. LIJ 8.10.1: Medium Density Residential Development About 38 acres northerly from the vicinity of the Garcia Drive intersection is designated Medium Density Residential. This area may accommodate about 500 dwellings. There should be a range of housing types with low-density, medium density, and medium-high density development each occupying about one third o the area. The DeVaul Ranch project complies with this policy by providing a range of housing types and a total of 13 dwelling units. Together with the previously approved DeVaul Ranch North project, the area will providel CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 2 ,53 Issues and Supporting Informa Sources Sources Por y Less Than LessThan No Sigi. __ nt Significant Significant Impact Issues With Impact ER 87-00, Jet-Ski Planned Development Mitigation 11955 Los Osos Valley Road Incorporated &ARM 1601111 — b approximately 400 dwelling units. CONCLUSION: No impact because the project is in compliance with the City's General Plan. 11. NOISE. Would the project result in: a) Exposure of people to or generation of "unacceptable" 1,8,9 X noise levels as defined by the San Luis Obispo General Plan Noise Element, or general noise levels in excess of standards established in the Noise Ordinance? b) A substantial temporary, periodic, or permanent increase 8 X in ambient noise levels in the project vicinity above levels existing without the project? c) Exposure of persons to or generation of excessive 8 X groundborne vibration or groundborne noise levels? d) For a project located within an airport land use plan, or 5 X within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The most significant short term noise source is noise related to the construction activity. Because the construction will occur over several years, it is a potentially significant impact, however mitigation measure are available to reduce the potential impact to a less than significant level. The most significant long-term noise source in the vicinity is traffic related noise along LOVR. Increases i traffic will incrementally increase noise along LOVR. The City's Noise Element includes a land use compatibility table to identify acceptable levels of noise exposure for different types of land uses. For residential development, the maximum allowable noise exposure for transportation-related noise sources is 60 dB Ldn for outdoor activity areas and 45 dB Ldn for interior spaces. According to the General Plan Noise Element, a portion of the apartments that front Los Osos Valley Road appear to extend into an area that exceeds acceptable noise limits for residential uses. Compliance with the City's Noise Element will reduce any long term noise impacts to a less than significant level.Compliance must be demonstrated prior to the issuance of a building permit. Airplane noise is also identified as a transportation noise source which could impact the site. The Airport Lan Use Commission reviewed the applicant's request to annex this property for residential development an recommended approval with conditions called out in the Airport Plan as well as notification of potentia residents of the site's proximity to the airport and possible flight overpath impacts. CONCLUSION: Less than significant with mitigation measures incorporated. Mitigation Measures: 30. All project related construction activity shall occur between 7 am and 7pm Monday through Saturday, wit no activities occurring on Sunday or holidays.City noise regulations related to construction activities shall be posted on site and made available to all contractors and sub-contractors. 31. Prior to the issuance of a building permit, the applicant shall demonstratecompliance with the City Noise Element through the preparation of a noise analysis for the apartment portion ofthe Planned Development. 32. The developer and/or property manager shall disclose to all perspective and actual Leasee/Renters that t subject property is in an airport flight traffic zone and possible noise impacts may occur. This disclosure shall be part of any sales or rental agreements which are signed by the owner or renter. 12. POPULATION AND HOUSING. Would the project: �r CITY OF SAN Luis OBISPO is INmAL STUDY ENVIRONMENTAL CHECKLIST 2000 Issues and Supporting Informa, Sources Sources Pote Less Than Less Than No Sign, .t Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact Mitigation _ 11955 Los Osos Valley Road Incorporated A37ACM b a) Induce substantial population growth in an area, eithe 1 X directly (for example by proposing new homes of businesses) or indirectly (for example, through extensior of roads or other infrastructure)? b) Displace substantial numbers of existing housing or people 1 X necessitating the construction of replacement housini elsewhere? The project proposes to build 19 single family units, 34 duplex units, the potential for 17 secondary dwelling units, and 77 apartment units. City policy requires payment of in lieu fees or the provision of 5% of these units to be affordable to persons with low incomes and 10% of these units to be affordable to persons with moderate incomes as defined by the City's Housing Element. The applicantproposes to provide these units on- site, therefore complying with the General Plan policy. Housing Element Policy H 4.2.1 requires affordable housing to be intermixed within the project itself rather than segregated into separate enclaves. Through the tentative map and architectural review process, the project will be evaluated for compliance with this policy. CONCLUSION: Less than significant with mitigation measures incorporated. Mitigation Measures: 33. To maintain consistency with policy H 4.2.1 of the Housing Element, the amount of and the specific location of inclusionary housing units should be identified with the consideration of the tentative tract ma and approved only if found to be consistent with the City's requirements which includes intermixing the units within the project. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision, or need, of new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Fire protection? 1 X b) Police protection? 1 X c) Schools? 1 X d) Parks? 1 X e) Roads and other transportation infrastructure? 1 X f) Other public facilities? 1 X Police and fire protection services are available to serve the site. The City expects that service demands will increase in proportion to the amount of new development, and that the increase will be at a gradual pace ove several years. The school districts in the state are separate governing bodies with authority to collect fees to finance schoo construction and parcel acquisition. Section 65995 of the Government Code prohibits the City from denying subdivision or collecting any fees beyond those required by the school district itself, to mitigate effects o inadequate school facilities. Any effect that this project will have on school facilities will be mitigated in whole or in part by the district's per-square-footage fees, charged at the time of building permit issuance of each dwelling unit. A neighborhood park to serve the development will be provided on the adjoining DeVaul Ranch site via a 3-acr park. The park will be constructed prior to the occupancy of the DeVaul Ranch North property which has approvals for 269 dwelling units. The existing 435-acre Laguna Lake Community Park will also be available t residents of this project. Additionally, the project applicants are required to provide parkland or pay park in liet. fees as a condition of any development approvals. CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3 ss Issues and Supporting Informa Sources Sources Pote v Less Than Less Than No Sign —,,t Significant Significant Impact ER 87-00, Jet-Ski Planned Develo ment Issues with Impact P Mitigation 11955 Los Osos Valley Road Incorporatedoff - s As a condition of any development approvals, the applicants are required to widen and improve Los Oso Valley Road between Madonna Road and Calle Joaquin and pay their fair share of numerous off-site roadway improvements. CONCLUSION: Less than significant. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood or regional park: 1 X or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or 1 X expansion of recreational facilities, which might have an adverse physical effect on the environment? See discussion above under Public Services section. CONCLUSION: Less than significant. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation 1,8,9 X to the existing traffic load and capacity of the street system? b) Exceed, either individually or cumulatively, a level of 8 X service standard established by the county congestion management agency for designated roads and highways? c) Substantially increase hazards due to design features (e.g. 1 X sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? d) Result in inadequate emergency access? 1 X e) Result in inadequate parking capacity onsite or offsite? 2 X f) Conflict with adopted policies supporting alternative 1 X transportation (e.g. bus turnouts, bicycle racks)? g) Conflict with the with San Luis Obispo County Airport 5 X Land Use Plan resulting in substantial safety risks from hazards, noise, or a change in air traffic patterns? The EIRs for the DeVaul Ranch North and Froom Ranch projects included traffic studies that considered the development of this property in the traffic analysis. Twelve intersections were studied and projections fo project impacts at 10-year and buildout were formulated and mitigation measures developed. Specifically, prio to the occupancy of any development, the developers are required to dedicate and improve sufficient right o way along the project's Los Osos Valley Rd. frontage to accommodate the City and County adopted stree section to include six (ultimate) travel lanes, median island, bike lanes, sidewalk, bus turnout, landscape parkway and parking (adjacent to the developed properties, southeasterly of Auto Park Way), generally a depicted on improvement plans prepared by Central Coast Engineering. The dedication varies from 63 ft. wide along the northeasterly 800 feet (+/-) of the annexation area, tapering to the southeast to meet the existing right of way line near the intersection of Calle Joaquin. Offsite dedication to the southeast may be required to provide project specific mitigation of four lanes of traffic between Madonna Rd. and Calle Joaquin, consistent with the County-approved Eagle Hardware/Madonn project- D970143D. The traffic signal shall be relocated to the intersection of the proposed new onsite street, per the tentative minor subdivision map. (M.S. SLO 00-041). Additionally, the developers are required to pay their fair share of the following improvements: CITY OF SAN LUIS OBISPO 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 ^-S_4 Issues and Supporting Informa Sources Sources Potr v Less Than Less Than No Sign .It Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact Mitigation 11955 Los Osos Valley Road Incorporated Al IAUIFkNT fi • Madonna/U.S. 101 intersection improvements • LOVR/U.S. 101 intersection improvements • LOVR/Calle Joaquin intersection signalization • LOVR widening between South Higuera Street and U.S. 101 Details of these improvements can be found in the Traffic and Circulation sections of the County approve Eagle Hardware EIR and City approved DeVaul Ranch Planned Development EIR. The Airport Land Use Commission reviewed the applicant's request to annex this property for residential development and recommended approval of residential development at this location with conditions called ou in the Airport Plan as well as notification of potential residents of the site's proximity to the airport and possible flight overpath impacts (see additional mitigation measures called out in Section 11). CONCLUSION: Less than significant with mitigation. Mitigation Measures: 34. The project shall comply with the mitigation measures established for the DeVaul Ranch North project a outlined in the DeVaul Ranch North Final EIR and Mitigation Monitoring Program. 35. Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City' Noise Element and the San Luis Obispo County Airport Land Use Plan. 36. Grant an avigation easement for the protection of the San Luis Obispo County Airport, the City of San Luis Obispo, and the County of San Luis Obispo. 37. All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan. 38. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flight or aircraft operations. Search-lights and strobe lights shall be prohibited. 39. The applicant shall dedicate 63 feet of right of way or as otherwise required by the City andmake ultimate improvements to LOVR along the project's proposed frontage. 40. To mitigate potentially significant impacts of excessive speed on the project's residential streets, traffic calming measures shall be included as a condition of the subdivision plans. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the 15 X applicable Regional Water Quality Control Board? b) Require or result in the construction or expansion of new 1,15 X water treatment, wasterwater treatment, or storm drainage facilities, the construction of which could cause significant environmental effects? c) Have sufficient water supplies available to serve the 15 X project from existing entitlements and resources, or are new and expanded water resources needed? d) Result in a determination by the wastewater treatment 15 X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demanc and addition to the provider's existing commitment? `i Circ OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3 —S-7 Issues and Supporting Informz Sources Sources rot 'y Less Than Less Than No Sig _ .nt Significant Significant Impact Issues With Impact ER 87-00, Jet-Ski Planned Development Mitigation 11955 Los Osos Valley Road Incorporated MAO NEAR g e) Be served by a landfill with sufficient permitted capacity 3 X V to accommodate the project's solid waste disposal needs? f) Comply with federal, state, and local statutes and 3 X regulations related to solid waste? See the Land Use and Planning section above for information regarding the City's water supplies. Wastewater The City will provide wastewater collection and treatment services for the project. The wastewater treatment capacity required to serve development in the Irish Hills area will be provided by adding planned modules at the existing Water Reclamation Facility, funded through developer contributions and development impact fees. The City's wastewater collection system will be extended into the site as development occurs. Service extensions will be paid for by the development. A portion of the existing collection system may require up- sizing in order to accommodate the additional flows from the development. Any needed augmentation of the existing system, will be the responsibility of the developer. Wastewater from the site will ultimately flow to the Howard Johnson and Laguna Lift Stations, which are currently at or very near capacity. The Laguna Lift Station replacement project is currently under construction The new Laguna Lift Station is expected to be completed prior to occupancy of the proposed development The Howard Johnson Lift Station will also require replacement within the next several years. Although it i reaching the end of its service life, the Howard Johnson Lift Station has capacity available to serve the proposed development. The City's draft Wastewater Facilities Master Plan has tentatively scheduled the replacement of the Howard Johnson Lift Station between 2005 and 2009. The developer is required to pay for their share of the additional capacity at the Water Reclamation Facility, as well as the two lift stations. Based on the proposed development of 18 single-family and 109 multi-family units, the total of these costs is $68,397. This will be collected with the Water and Sewer Impact Fees at the time building permits are issued. Solid Waste Solid waste from the site will be delivered to Cold Canyon landfill, which currently has a capacity to accep solid waste for approximately 18.5 years, based on the current rate of disposal and ongoing trends showing reduction in per capita waste generation. To help reduce the waste stream associated with the projec construction, a solid waste reduction plan for recycling discarded construction materials should be prepared To help reduce the waste stream created by the new residents, the project should include facilities for interio and exterior recycling. CONCLUSION: Less than significant with mitigation. Mitigation Measures: 41. Prior to the issuance of a building permit, the applicant shall receive approval of a solid waste recycling plan for recycling discarded building materials such as concrete, sheetrock, wood and metals from the construction site. 42. Building plans shall show the location of convenient facilities for interior and exterior on-site recycling for each residential unit. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate CITY OF SAN LUIS OBISPO 19 INITIAL STUDY ENVIRONMENTAL CHECVUST 2000 3-5_F_ Issues and Supporting Informs Sources Sources Pot y Less Than Less Than No Sign. At Significant Significant Impact ER 87-00, Jet-Ski Planned Development Issues with Impact p Mitigation 11955 Los Osos Valley Road Incorporated a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Without mitigation, the project could have the potential to have adverse impacts on all of the issue area checked in the table on Page 2. b) Does the project have impacts that are individually limited X but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) The impacts identified in this initial study are specific to this project and would not be categorized a cumulatively significant. c) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? With the incorporation of mitigation measures, the project will not result in substantial adverse impacts o humans. 18. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one o more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. The DeVaul Ranch and Froom Ranch EIR's as well as the City of San Luis Obispo 1994 Land Use Element Update EIR supplement can be reviewed at the City of San Luis Obispo Community Development Department at 990 Palm Street, San Luis Obispo, California. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scop of and adequately analyzed in an earlier document pursuant to applicable legal standards, and stat whether such effects were addressed by mitigation measures based on the earlier analysis. This initial study relies on data found in the final DeVaul Ranch and Froom Ranch EIR's and the fins supplemental EIR for the City's 1994 Land Use Element Update. Information regarding noise, traffic c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describ, the mitigation measures which were incorporated or refined from the earlier document and the extent t which they address site-specific conditions of the project. Mitigation measures contained within this document address site specific conditions of this project. Th EIR's for the neighboring Froom Ranch and DeVaul Ranch were reviewed and considered when the mitigation measures were developed for this project. 19. SOURCE REFERENCES 1. City of San Luis Obispo General Plan: Land Use, Circulation, Noise, Energy, Open Space, Safety, Water and Wastewater Management Elements 2. City of San Luis Obispo Zoning Regulations, February 18, 2000 3. City of San Luis Obispo Source Reduction and Recycling Element 4. 1995 Clean Air Plan (CAP) for San Luis Obispo County CITY OF SAN Luis OBISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3-s9 ATTACI{W 6 5. SLO County Airport Land Use Plan 6. City of San Luis Obispo Informational Map Atlas 7. San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist- Priolo Earthquake Fault Zoning Act, effective January 1, 1990 8. Final EIR for the DeVaul Ranch North development certified by the San Luis Obispo City Council on December 15, 1998 9. Final Supplemental EIR for the Madonna/Eagle Hardware and Garden certified by the County Board of Supervisors on November 2, 1999 10. City of San Luis Obispo 1994 Land Use/Circulation Element Update and EIR supplement 11. City of San Luis Obispo Archaeological Resource Preservation Guidelines, October 1995 12. Congdon's tarplant survey prepared by Dr. V.L. Holland, October 10, 2000 13. Site Soils Engineering Report prepared by GeoSolutions, March 3, 2000 14. City of San Luis Obispo Flood Damage Prevention Guidelines, 1979 15. City of San Luis Obispo Urban Water Management Plan, 1994 16. County of San Luis Obispo Department of Agriculture Letter dated Sept. 5, 2000 17. Air Pollution Control District Letter dated Dec. 13, 2000 �� CITY OF SAN LUIS OBISPO 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 ATTACHAW c 20. MITIGATION MEASURES/MONITORING PROGRAM 1. Provide a landscape buffer along LOVR and along the south side of the property boundary abutting Froom Ranch. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review ofplans submitted for a building permit. 2. Plant palm trees to mirror the existing palms across LOVR. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review ofplans submitted for a building permit. 3. Coordinate landscape plans for the property with plans submitted for the adjacent DeVaul Ranch North and Froom Ranch. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review ofplans submitted for a building permit. 4. Incorporate landscaping elements including decorative paving, walls, and fencing. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review ofplans submitted for a building permit. 5. Install public art at the project's LOVR entry. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for the final map improvement plans and building permits. 6. Create a"maintenance association"to facilitate long term care of landscaping. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of the project's CC&R's. 7. Eliminate on-street parking on DeVaul Ranch Road between LOVR and Tonini Drive. Monitoring Program: Compliance with this requirement will be monitored by Public Works and Community Development Department staff through the review of final map improvement plans. d1h;;i CITY OF SAN LUIS OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3-61 I ATTACHA 6 8. Design the detention basin to appear as a naturally occurring feature and revegetate the perimeter with native plants and trees to further reduce its engineered appearance. Monitoring Program: Compliance with this requirement will be monitored by Public Works and Community Development Department staff through the review of final map improvement plans. 9. Limit the height of the three apartment buildings closest to LOVR to 26 feet in height. These building heights shall be considered maximum unless during the architectural review process the applicant can demonstrate through the site plan and architectural design that views of the upper portions of the Irish Hills will not be blocked. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for grading and building permits. 10. Screen from view any necessary water pumps, valves, backflow preventers, and service cabinets. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for a building permit. 11. Design the detention basin so it does not require fencing. Monitoring Program: Compliance with this requirement will be monitored by Public Works and Community Development Department staff through the review offinal map improvement plans. 12. Submit a detailed landscaping plan for the LOVR project frontage and the southern edge of the property abutting the Froom Ranch property for review and approval by the City. The plan shall identify evergreen and deciduous plant materials, retaining walls, earth mounding, the horizontal and vertical limits of plantings, and other materials used to effectively screen the parkin& areas and soften the views of the development, but not hinder views of the hills. Monitoring Program: Compliance with this requirement will be monitored by Public Works and Community Development Department staff through the review of final map improvement plans and building permits. 13. Exterior lighting shall .be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixtures, standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for a building permit. 14. All material excavated or graded shall be sufficiently watered with non-potable water to prevent excessive amounts of dust. During the time period in which grading will occur, watering shall i� CITY OF SAN Luis OBISPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 � �a ATTAO4MENT 6 occur at least twice daily including weekends with complete coverage, preferably in the late morning and after work is finished for the day. Monitoring Program.: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans and grading permits. 15. All clearing, grading, earth-moving, or excavating activities shall cease during periods of high winds (greater than 15 mph averaged over one hour) to prevent excessive amounts of dust. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans and grading permits. 16. If soil materials are transported on or off-site, they shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans and grading permits. 17. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast germinating native grass seed and watered until.vegetation becomes established. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans and grading permits. 18. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting, or other methods approved in advance by APCD. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the'review of final map improvement plans and grading permits. 19. On-site vehicle speed during construction shall be limited to 15 mph for any unpaved surface. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans, grading and building permits. 20. All unpaved areas with vehicle traffic shall be watered at least twice per day including weekends, using non-potable water. `� CITY OF SAN LUIS OBtSpo 24 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 ATTACHMENT 6 Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans, grading and building permits. 21. Wheel washers shall be installed where vehicles enter and exit unpaved roads and streets, or provisions shall be made to wash off trucksandequipment leaving the site. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans, grading and building permits. 22. Prior to issuing occupancy permits for each single family residence, shade trees shall be planted at a rate of not less than 1 tree/4000 s.f. of land. The trees shall be planted to provide shading of the residence in the summer so as to reduce air conditioning requirements and fossil fuel use.. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for final map improvement plans and building permits. 23. Residences shall be equipped with solar-assisted water heaters or similar energy conserving feature consistent with City policies and programs at the time of construction. One methos would be to increase wall and attic insulation beyond Title 24 requirements. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for a building permit. 24. Bicycle lockers shall be included in the design of the apartment project. 116nitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the.review of plans submitted for a building permit. 25. Parking for the apartment project shall accommodate electric vehicles. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for building permits for the apartments. 26. Site preparation activities (major earthwork) shall be scheduled to occur consecutively rather than simultaneously with the neighboring projects to the north and south. This approach, along with the other air quality mitigation measures, will minimize cumulative PM 10 emissions to a less than significant level. Monitoring Program: Compliance with this requirement will be monitored by Public Works and Community Development Department staff through the review of final map improvement plans and grading permits. CITY OF SAN LUIS Owspo 25 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 / ATTACHMENT 6 27. At the applicant's expense, a restoration plan shall be prepared by a qualified plant restoration ecologist. The plan.shall identify the location of a suitable site ors sites in an open space area off-site (possibly at the City's wastewater treatment plant) where a colony of Congdon's tarplant (Hemizonia parryi ssp. Congdonii) can be established. The restoration plan .shall identify the number of plants to be replanted and the methods which will be used to preserve this species in this location. The plan shall also include a monitoring program so that the success of the effort can be monitored yearly over a three- to five-year period. The restoration effort shall be coordinated with the California Department of Fish and Game, the US Wildlife Service, the California Native Plant Society, and the City of San Luis Obispo. Any federal, state or local permits required to commence such a program will be acquired and implemented by the applicant. The mitigation plan shall include the provision for replacement of habitat to the satisfaction of the Natural Resources Manager and the City Council should the initial mitigation program be unsuccessful within five years. Monitoring Program: Compliance with this requirement will be monitored by the Natural Resources Manager and Community Development Department staff through the review of final map improvement plans and building permits. 28. If any previously undiscovered prehistoric cultural material or buried concentrations of historic cultural materials are discovered during any construction activities, all activities that may disrupt those materials shall cease and the Community Development Director shall be notified immediately of the discovery of archaeological materials. Under most circumstances, the applicant will be directed to retain a qualified archaeologist to immediately visti the site, evaluate the materials recovered, and consult with the Director to determine the appropriate course of action. Under the direction of the archaeologist, a mitigation plan shall be developed and approved by the City pursuant to the City's Archaeological Resource Preservation Guidelines. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map.improvement plans and building permits. 29. Soils in the area have a medium to high potential for expansion and contraction. The designs of all foundations, curbs, and other structures shall be reviewed by a geotechnical engineer to ensure they are compatible with the soil properties and conditions of the site, consistent with standards of the Building Code. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans. 30. All project related construction activity shall occur between 7 am and 7pm Monday through Saturday, with no activities occurring on Sunday or holidays. City noise regulations related to construction activities shall be posted on site and made available to all contractors and sub- contractors. CITY OF SAN LUIS OBISPO 26 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 3^�s - y ATTACHMENT 6 Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans and building permits and by the Police Department during construction. 31. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with the City's Noise Element through the preparation of a noise analysis for the apartment portion of the Planned Development. Monitoring Program: Compliance with this requirement will be monitored by the Community Development Department staff through the review of building permits. 32. The developer and/or property manager shall disclose to all perspective and actual Leasee/Renters that the subject property is in an airport flight traffic zone and possible noise impacts may occur. This disclosure shall be part of any sales or rental agreements which are signed by the owner or renter. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of the project's CC&R's. 33. To maintain consistency with policy H 4.2.1 of the Housing Element, the amount of and the specific location of inclusionary housing units should be identified with the consideration of the tentative tract map and approved only if found to be consistent with the City's requirements which includes intermixing the units within the project. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of the project's inclusionary housing program. 34. The project shall comply with the mitigation measures established for the DeVaul Ranch North project as outlined in the DeVaul Ranch North Final EIR and Mitigation Monitoring Program. Monitoring Program: Compliance with this requirement will be monitored by Public Works and Community Development Department staff through the review of plans.submitted for final map improvement plans and building permits. 35. Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for a building permit. 36. Grant an avigation easement for the protection of the San Luis Obispo County Airport, the City of San Luis Obispo, and the County of San Luis Obispo. �� CITY OF SAN Luis OBISpo 27 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 _ ATROWENT 6 Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of the project's CC&R's and updated title report. 37. All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of the project's CC&R's_and plans submitted for building permits. 38. All exterior lighting shall be shielded down-lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search-lights and strobe lights shall be prohibited. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for building permits. 39. The applicant shall dedicate 63 feet of right of way or as otherwise required by the City and make ultimate improvements to LOVR along the project's proposed frontage. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans. 40. To mitigate potentiallysignificant impacts of excessive speed on the project's residential streets, traffic calming measures shall be included as a condition of the subdivision plans. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of final map improvement plans. 41 . Prior to the issuance of a building permit, the applicant shall receive approval of a solid waste recycling plan for recycling discarded building materials such as concrete, sheetrock, wood and metals from the construction site. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for a building permit. 42.Building plans shall show the location of convenient facilities for interior and exterior on-site recycling for each residential unit. Monitoring Program: Compliance with this requirement will be monitored by Community Development Department staff through the review of plans submitted for a building permit. �� CITY OF SAN Luis OBISPO 28 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2000 MOW 7 f J FEHR&PEERS ASSOCIATES,INC. Transportation Consultants RECEIVED 1A 1 g 200 ' 3685 Mt. Diablo Blvd.,Suite 301 Lafayette, CA 94549-3763 925 284-3200 • Fax 925 284-2691 RECEIVED fehrandpeers.com r1Q12 1 2001 March 13, 2001 CITY OF SAN LUiS OBISPO COMMUMTy DEVELOPMENT Ms. Desiree Peacock EDA 1320 Nipomo Street San Luis Obispo, CA 93401 Subject: Assumptions Used in the DeVaul Ranch EIR for the Laguna West Property Dear Ms. Peacock: This letter is to confirm the land use assumptions used in the preparation of the traffic element of the DeVaul Ranch Environmental I.mpact Report (EIR) by Fehr & Peers Associates in 1998. The proposed DeVaul Ranch development (the project and the subject of the EIR) was analyzed as 147 single family residences and 106 multi-family dwelling units. The traffic analysis evaluated a 10-year development horizon and a buildout horizon as required by the City of San Luis Obispo. The 10-year planning horizon included proposed and planned land uses that were anticipated to be developed by the year 2010. This list of development projects was provided to Fehr & Peers Associates by the City planning department. The list of developments included 150 single family residential units in the property directly south of the DeVaul Ranch project site (indicated in the City's list as Laguna West). The buildout horizon -include the development in the 10-year scenario plus buildout of the City's General Plan. Please call me if you have any questions. ince , J es . Daisa, P.E. rincipal . PACIFIC HORTICULTURE DIVISION OF DELTA-PACIFIC HORTICULTURE.INC.. LANDSCAPE AND AGRONOMY CONSULTANTS ATTACHMENT 8 March 12, 2001- J 2, 2001J & G Landscape Architects 3350 Loma Vista. Road Ventura, "California 93003 . Attention: Paul Jordan . subject: Transplanting Phoenix canariensis Palms Dear Paul: This correspondence addresses'your concerns relative to relocating 50-55' tall mature Phoenix canariensis,palms on Los Osos Valley . Road in San Luis Obispo,. California. ' This report is based on a review-of fhe site'treephotographs provided by your office and over 20 years'of.professionalexperience With. , utilization of palm trees inlandscapi'ng. Although one of the most popular and aesthetic of the palm species, Canary Island Date Palms are-known to have a fairly, high transplant. loss ratio when compared to other palm species. It is not'unusuai to experience a 15-20% casualty rate in-mature'date palm transplanting due to the stress and on-set of Fusarium Wsporum, a vascular wilt fungus. Further complicating the matter is the fact that the disease is spread by chain saws utilized for shaping and pruning the trees. Another difficulty-in relocating large. mature palms, such as Canary. Island Date, is a risk for trunk breakage due to_the height and, . frequent weak points along. the trunk. This factor is not always calculatable and occurs frequently on tall trunk species such as - Canary Island Date and Washingtonia palms. In essence, the literature supports.moving palms as somewhat a easy task, butdoes not address the potential surviable rate; which from field experience; especially,with. Canary Island Date palms, reduces the overall success and increases the economic'cost. (805)641-3931 •Fax(805) 641-0122. 1000 Woodstock Lan6•Ventura,.California 93001-3838•P.O. Boz 3276•Ventura, California 93006-3276 3-68F7 ATTANAUT g J & G Landscape Architects Palm Trees March 12, 2001 pp 2 Lastly, from reviewing the photographs of the site trees, it appears that several of the specimens exhibit deformed trunks, abnormal basal crowns and weak foliage canopies. These palms would be suspect candidates for transplaning and should be field inspected to insure their health and vigor as potential viable trees for relocation. I have personally been involved with numerous transplanting projects involving Canary Island Date Palms for Cal Trans, Colleges, Shopping Centers and Municipalities throughout Santa Barbara, Ventura and Los Angeles counties and have observed that on every project, there is a significant loss of large trees similar to the age and size as the trees on Los Osos Valley Road. I would recommend as a more feasible approach to transplanting these large trees, to consider establishing new palms in the size range of 15-20', which demonstrate a higher success rate in relocating. In addition, your planting and pruning specifications should address specific palm transplanting procedures and the trees should be inspected for potential diseases prior to installation. Should you have any questions or should you desire additional information, do not hesitate in calling. Sincerely, 04� WOZO� Donald F. RodriguWs Horticulture Consultant ISA Certified Arborist 272/Ca. PCA 3505 3 69 • ! M , n: a� _:f r a may.: •. .. •=� - -.,:= ;'ter:,.-�. r 1����. ?.,gib.. w..�� .��- •�' � `��1// '!r—• « ,,�- _ ■ • Peggy Mandeville Re:-LOVR palm treF' Page 1 ATTACHMENT g From: Todd Martin To: Mandeville, Peggy Date: 3/19/01 7:49AM Subject: Re: LOVR palm trees I got the same information from Jimenez Nursery in Ventura regarding Canary Island palms. These people specialize in moving and transplanting large palms. Based on what we've both heard from"experts", I think it would be best to bring in new palms for this project and leave the existing palms where their at.. >>> Peggy Mandeville 03/16/01 01:32PM >>> Todd, via fax I am sending you a letter from a certified arborist(hired by the DeVaul Ranch South people) informing us that the exisitng palms will be difficult to relocate given a variety of circumstances. I would appreciate hearing your opinion of this letter. Thanks. MINI CST= 0-21- 1 + ZwOtAN KIM S IZIn & J- OUB 101 11100; If 0 Ceea Environmental Consultants AITAtA1T 9 9339 Twin Lakes Ave. . Orangevale, CA 95662 9161988-3717 of5ce• 916/2074011 Mobile•916/988-3717 Fax March 19, 2001 Mrs.Peggy Mandeville City of San Luis Obispo Community Development Department San.Luis Obispo,CA 93401 RE: DeVaul Ranch South Planted Development Dear Peggy: The purpose of my letter is to provide additional information regarding the environmental document for the DeVaul Ranch South Planned Development(DRSPD). Specifically, my letter addresses the questions of whether a mitigated negative declaration or environmental impact report should be prepared for this project and whether the mitigated negative declaration should be recirculated for review. Summary 1. Should an tAK or Negative Declaration be Prepared for DRSPD! Each of the potentially significant impacts identified in the City's initial study can be mitigated to a less than significant level by implementing the revisions(mitigation measures)recommended by staff. This is the type of situation in which CEQA envisions the preparation of a mitigated negative declaration. An EIR is unnecessary for this project. 2: Should the Mitigated Negative Declaration be Recirculated for Review if Two Mitigation Measures Are Added? Tn my previous correspondence to the City,I recommended two additional mitigation measures he added to the draft mitigated negative declaration prepared for DRSPD. In that letter, I concluded the additional measures did not"change the conclusions reached in the City's initial study". Even if the two measures I recommended were not adopted as a part of the mitigated negative declaration,the impacts of the proposed project would still be mitigated to a less than significant level. These measures do not represent a"substantial revision"as identified in Section 15073.5 of the CEQA Guidelines and therefore,recirculation is not required. The discussion below provides further information as to how my conclusions were rwchal. �z StNI tSY: ;J-21- 1 'L;JOAN KIM s 1LLI1 @ i1 OU-3 101 /11J,* L/ a Peggy Mandeville ATTAC} W . 9 March 19,2001 Page Two DISCUSSION Should an EIR or Negative Declaration be Prepared for DRSPD? When determining the type of environmental document to prepare for a project that is clearly not exempt from the California Environmental Quality Act(CEQA),a lead agency must(in nearly all situations)prepare an"initial study". The initial study is used to determine whether a project may have a significant adverse effect on the environment. CEQA allows mitigated negative declarations to be used when: "the initial study has identified potentially significant effects on the environment, but(1) revisions in the project plans or proposals made by,or a6reed to by,the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and(2)there is no substantial evidence the project, as revised,may have a significant effect on the environment"(Public Resources Code, Section 21064.5). Staffprepared an initial study for DRSPD that examined 16 environmental issues. For nine of these issues, staff concluded that no sign ficant adverse environmental impact would occur. For the remaining issues, staff determined there were potentially significant adverse impacts unless the project was revised to mitigate them. For these issues,staff identified 40 revisions(mitigation measures)that would eliminate or reduce the impacts to a less than.signifieant level. Since each potentially significant environmental impact can be mitigated,staff has correctly determined that the appropriate environmental document is a mitigated negative declaration. 1n a previous letter to the City,l indicated I had conducted my own separate environmental assessment of DRSPD. My review indicated there were no environmental impacts that could not be mitigated to a less than significant level and therefore, a mitigated negative declaration was the appropriate environmental document. Although my environmental assessment recommended two additional mitigation measures,the additional measures do not affect the conclusion reached in the City's initial study. Although,the City has received letters indicating that an EIR should be prepared for DRSPD,no substantive information has been submitted(to date)that would alter the conclusions reached by staff or myself in our separate environmental assessments of this project. �3 JpYI DI • J-Z1' 1 , z-ooam , nlnxo s 1Zin & J-' OUB 101 1110,4 J/ 0 Peggy Mandeville O March 1 ?001 Page Three e AITACHMEW 9 Recirculation of the Fnvironmental Document The other issue I examined is when recirculation of a negative declaration is required under CEQA. As indicated previously,my environmental assessment of DRSPD recommended that two additional measures be added to the City's initial study_ These additional measures were subsequently added to the initial study and adopted by the City. One of the measures I recommended called for the preparation of a soils report. After sending our letter to the City,I learned that such a procedure already exists as part of the City's building permit review process. Prior to issuing any building permits,the City will require the builder to submit a soils report to determine whether any special construction techniques must be used to prevent adverse impacts from the"shrink/swell" behavior of the soils in this area. Although the proposed mitigation measure provides useful information it merely reflects a procedure the City already has in place. The other measure 1 recommended involved staging the grading of land development projects in the city to reduce the temporary impact of dust(PM 10)generation. However, as indicated in my previous correspondence(January 9,2001),this additional treasure does not change the conclusions reached in the City's initial study.The air quality mitigation measures proposed for DRSPD in the City's mitigated negative declaration were similar to,or the same as,those previously adopted by the City for other projects in the arca. During the public review of the mitigated negative declaration,the air quality impacts and the mitigation measures were reviewed by the Air Pollution Control District (District). The District did not raise any objections to the analysis of the air quality impacts or to the mitigation measures the City proposed. However,due to the addition of these measures, a question was raised as to whether the mitigated negative declaration should be recirculated for additional review. Under Section 15073.5 of the CEQA Guidelines a lead agency is required to recirculate an environmental document when any of the following occur: "(a)A lead agency is required to recirculate a negative declaration when the document must.be substantially revised after public notice of its availability has previously been given pursuant to Section 15072,but prior to its adoption.Notice of recirculation shall comply with Sections 15072 and 15073. (b)A"substantial revision"of the negative declaration shall mom: (1) A new,avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance,or (2)The lead agency determines that the proposed initigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required." e3—/A/ SENT BY: 3-11- 1 2:39AM : KInKO s lztn & .i- ou5 101 Iiia,* sir a Peggy Mandeville ATTACHMENT 9 March 19,2001 Page Four None of the requirements for recirculation have been met by the addition of two new measures. No new avoidable significant effects have been identified nor must any new mitigation measures be added to reduce the impact to a less than significant level. In regards to the two additional measures I recommended,my previous letter indicated that the measures provided added environmental protection but they did not change the conclusions reached in the City's initial study. The CEQA Guidelines provide further guidance in regard to recirculating a mitigated negative declaration. Section 15073.5 indicates that recirculation is not required when any of the following occur: (1)Mitigation measures are replaced with equal or more effective measures pursuant to Scction 15074.1. (2)New project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration that are not new avoidable significant effects. (3)Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA,which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect- (4)New information is added to the negative declaration that merely clarifies, amplifies, or makes insignificant modifications to the negative declaration Although two additional measures were added by the City,they are not necessary to mitigate an avoidable significant effect. The discussion on page three of this letter indicates the reasons why sections 15073.5(3)and(4)apply in this instance. In addition to the CEQA guidelines the case involving Gentry v. Marietta (36 Cal.App.e 1359)also describes how this matter should be treated. In this case,the court determined the following: ". . . . .if the initial public review demonstrates the initial mitigation will adequately reduce potential effects to insignificance, imposition of additional mitigation does not require further public review."(Id.,at pp. 1356-1357,272 Cal.Rptr. 372.)It found"no substantial evidence that the initial mitigating measures were inadequate to reduce any impacts to insignificance. Thus,if County imposed further conditions in an excess of caution, they were not subject to public review." �3-7s XAI EST; J-11- 1 + 1 J�tTIl1 KI1)KO S 1LTII & J� oun 101 111J;7F a/ 0 C,i Peggy Mandeville ATTACHMENT 9 March 19,2001 Page Five In a related case,Leonoff v. Monterey County Board of Supervisors(222 Ca1.App3d 1337),the Court determined: "Assuming for the sake of discussion that the potential impacts on ground and surface water were significant absent mitigation,there is no substantial evidence that the initial mitigating measures were inadequate to reduce any impacts to insignificance.Thus,if County imposed further conditions in an excess of caution,they were not subject to public review." CONCLUSIONS •Each of the potentially significant impacts identified in the City's initial study can be mitigated to a less than significant level by implementing revisions to the project(mitigation measures). In such situations,a mitigated negative declaration should be prepared for the project. •In my previous correspondence to the City, I recommended two additional mitigation measures be added to the draft mitigated negative declaration prepared for the DRSPD. These measures do not represent a"substantial revision"as identified in Section 15073.5 of the CEQA Guidelines and therefore,re- circulation of the mitigated negative declaration is not required. I hope that my thoughts on these matters are beneficial to staff and the City County during their review of this project. As always,please feel free to call me if you have any questions. Sincerely, : i~t5 � „//Dennis Castrillo 3-/fo ATTAO#Zff 10 l DeVaul Ranch Planned Development Mitigation Monitoring Program City of San Luis Obispo Community Development Department November 1998 DeVaul Ranch PD ElR (� ;�� I1.2098 Mitigation Program ATTACHMENT 1-0 INTRODUCTION For years, land use professionals have been concerned that there was a loophole in California's environmental review procedures. In many instances, the mitigation measures recommended by environmental documents were not part of the conditions of approval nor were they fully implemented during the development of the project. As a result, opportunities to mitigate potential problems fully were lost. State legislation, AB 3180, is designed to close this loophole. This law requires all public agencies in California to adopt a mitigation monitoring program when they approve projects that are subject to the requirements of the California Environmental Quality Act. The objective of the law is to establish a process that defines the following: ' • The measures the agency intends to adopt to mitigate significant environmental impacts; and •The procedures the agency intends to use to monitor the implementation of these conditions. AB 3180 Although AB 3180 is a significant piece of environmental legislation, its provisions are simply stated. The entire text of the bill is as follows: SECTION 1: Section 21081.6 is added to the Public Resources Code, to read: 21081.6 When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2)of subdivision (c)of Section 21081,the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction bylaw over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency,prepare and submit a proposed reporting or monitoring program. SECTION 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the local agency or school district has the authority to levy service fees or assessments sufficient to pay for the program or level of service mandated by this act. 1 3- 7S>` DeVaul Ranch PD EIR �; H•20.98 Mitigation_Reporting ATTACHMENT 1 o Mitigation reporting refers to a written report which lists all of the mitiagation measures a public agency intends to adopt which will reduce or eliminate a projects potentially significant impacts. Although many conditions may be part of the project's approval, not all the conditions must be included in the mitigation reporting program. AB 3180 addresses itself only to those issues that would have a significant impact unless mitigation measures are applied. Section 21081.6 indicates that lead agencies must adopt a reporting program in order to "avoid significant effects on the environment." Monitoring Monitoring is the follow-up effort by a public agency to ensure that the mitigation measures they have adopted have been implemented. In some instances, the monitoring work can be accomplished by the Planning or Public Works staff as they review project plans. In other instances, field inspection may be necessary. Written documentation of the monitoring effort is a necessary and important part of the mitigation program to provide the City and the public with a written record of the mitigation program. While this mitigation program identifies who is responsible for implementing the EIR's mitigation measure, the City must document when and how the mitigation measure is implemented. Each time a department or agency takes an action related to the implementation of a mitigation measure, a written report must beprepared to describe the way in which each mitigation measure was carried out, any observations that were made, the need for any follow-up work, and recommendations to improve the monitoring or the success of the mitigation measure. Collectively, the written reports will provide a written history of the implementation of these mitigation measures. 2 3- 79 O (D (D p rt p ' n m y A rt .p+ N o p (D OQ r � eD rt •� rt pni � (¢D O r. (D (D rt (D OQ m .� •,3 3 .'� $ ►� O (D A) ID 7 0 O� �- > W. ... o rL o Q. (� o. � weD � � o- SD p p p K y LX p p ? . ) p� (D rt p o '.s' (D rt m Qq n n `C (D (p N 0�4 n w o C o (v o a (p ao V• H� M. 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N peod �(apeA soap sod ;t t rl�¢f co w �� Lfii a iIUIHXa 3 -ll AT"MW 7 DEVAUL RANCH Planned Development Mitigation Monitoring Program Corrections approved by Council December 15, 1998 Aesthetics D-8. a. Eliminate proposed lots 55, 56, and 57 as shown on the original project concept plan to allow greater exposure of the ranch house/complex area and the surrounding open space. If possible, the applicant should be allowed to adjust the tentative tract map so that the overall number of residential lots remains the same. D-10. A neighborhood green space including landscaping and appropriate site amenities shall be created on the existing vacant lot proposed as part of the emergency/pedestrian/utility service access between Quail Drive and the proposed Falcon Court. The details of the design and acquisition of the Quail Drive lot shall be finalized as part of the development review process. The following measures shall guide the development of the green space: a. Require the access for emergency/pedestriaNutitity service and nen my as described in the Traffic and Circulation section of this EIR and that the width of any one paved surface the assess mad URI shall be no wider than 12 feet, Cultural Resources E-3. The drainage basin as shown on the original project concept plan shall be moved to-allow the DeVaul Ranch house-to stay in.its present location. PFOpesed *R theR RFR;a M.-Rt de EE=9. Mitigation measure E-6 shall also include a requirement for monitoring by a qualified archaeologist and Native American monitor during site disturbance within the DeVaul Ranch complex. Additionally. Mitigation measure E-6. shall also apply to any ground disturbing activities (e.g. -grading, road or trail construction) within proximity of any identified prehistoric cultural resource site. E-10. Prior to site disturbance or construction activities, a pre-constructuion meeting shall be held.with the developer, building and grading contractors, and City staff to discuss the mitigation and monitoring 3-0 �) ATTACHMENT 10 requirements and to clarify measures to be.taken to protect cultural resources. E-11. The developer shall rehabilitate the DeVaul Ranch House for its continued residential use or other appropriate adaptive reuse, consistent with the Secretary of the Interiors Standards for Rehabilitating.Historic Properties. E-12. Prior to construction permit issuance, the developer shall enter into a ;reservation covenant to ensure that any changes or additions to the DeVaul Ranch House are done in a manner which complies with the City's Historic Preservation.Program Guidelines and the Secretary of the Interior's Standards for Rehabilitating Historic Properties. Biological Resources F-1 Dedication of 184 acres to the City for open space. Reporting Milestone: Upon approval of final map annexation 2A pFezen g F-2. Annexation and prezoning of 145.8 4.84 acres as conservation/open space with 160-acre minimum parcel size (C/OS-160). Since the preparation of the Draft EIR, the applicant has submitted a letter to the City offering the dedication of 184 acres. F-3. At the applicant's expense, a restoration plan shall be prepared by a qualified plant restoration ecologist. The plan shall identify the location of a suitable site or sites in an open space area offsite (possibly Laguna Lake) where a colony of Congdon's tarplant (Hemizonia parryi ssp. Congdonii) can be established. The restoration plan shall identify the number of plants to be replanted and the methods which will be used to preserve this species in this location. The plan shall also include a monitoring program so that the success of the effort can be monitored yearly over a three-to five-year period. The restoration effort shall be coordinated with the California Department of Fish and Game, the U.S. Wildlife Service, the California Native Plant Society, and the City of San Luis Obispo. Any federal, state or local permits required to commence such a program will be acquired and implemented by the applicant. The mitigation plan shall include the provision for replacement of habitat to the satisfaction of the Natural Resources Manager and the City Council should the initial mitigation program be unsuccessful within five years. Verification Responsibility: Community Development Department/Administration 3 -Jl � ATTACHMENT 1 0 Utilities H-6. Each single family dwelling in the project will require payment of pay a sewer impact fee and lift station fee. These fees are based on the City's fee schedule at the time building permits are accepted as complete and are paid when building permits are issued. H-8. The applicant shall teplaGe the existing eight iFiGh sewet. Gamin �+ pIrl aui41� annFi+vim +alai 4,259 feet of. ten innti eeurer main be responsible for any necessary up-sizing of the existing wastewater collection system to ensure adequate capacity to serve this development. Traffic and Circulation J-3.. Provide an emergency vehiclepedestrian/utility service erg access to Quail Drive from the proposed DeVaul Road utilizing one of the vacant parcels on Quail Drive to mitigate significant impacts to emergency vehicle access. J-5. a. Provide an emergency/nen msized vehicle/pedestrian/utility-.service access connection between the project site and Quail Drive, d-C ' nstall uKMR n J-9. To mitigate a potentially significant impact related to the length of the cul- de-sacs (Eto and Falcon Courts) and emergency access, Eto Court shall be realigned to connect with Falcon Court as a through street. A gate (or other device to restrict unauthorized vehicles to the satisfaction of the Cwt )to the Quail Drive emergency access connection on the Eto Court realignment shall be provided. The applicant shall redesign the alignments of Eto and Falcon Courts, showing emergency access connection to Quail Drive, and shall submit revised plans to the City for review. J-10. To mitigate the Madonna/LOVR intersection to LOS D (delay 25.6 seconds/vehicle), the project shall Genti:ibute its fair F;hare to the f4gilewing construct the following intersection improvements as illustrated in Figure J-10: Reporting Milestone: Required fait.,,-sham fees shall be paid in accordance with conditions of approval of the tentative subdivision map. ATTADiWff 10 e. Widen westbound LOVR to ultimate width to provide an exclusive left- turn lane, one through-lane and a through right-tum.lane, t14rOUg#} , , g. Convert the eastbound LOVR right-turn lane to a shared through/right lane and prohibit on-street parking on the south side of LOVR for at least 250 feet from the intersection. h. Construct a raised median on LOVR from Madonna Road to the beginning of the eastbound transition at least Gzamia Drivpte-pfevede-a developmeRt. The mitigation plan shall include a pedestrian refuge and median refuge push button at the Madonna intersection, and J-11. To mitigate significant impacts to the Madonna Road/U.S. 101 southbound ramp intersection resulting in LOS D (delay 31.4 second/vehicle), the project shall contribute its fair share to the following intersection improvements (or as otherwise required by Caltrans) as illustrated in Figure J-11: b. Restripe the southbound Madonna Inn driveway approach to provide two an exclusive left-tum lanes, a through and right-tum lane, or, . alternatively, two exclusive left-turn lanes, and a through-right lane. At the conceptual design stage, the wheelpaths of simultaneous dual left turns from the north and south approaches must be evaluated. and J-12. To mitigate significant impacts to the Madonna/LOVR intersection to LOS D (delay 39.5 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure d-9 J-10 and as illustrated in Figure J-10. J-13. To mitigate significant impacts to the Madonna Road/U.S. 101 southbound ramp intersection, resulting in LOS C (delay 22.8 seconds/vehicle), the project should contribute its fair share to the measures described in mitigation measure J-14 J-11 (or as otherwise required by Caltrans) and as illustrated in Figure J-11. J-14. To mitigate significant impacts at the LOVR?U.S. 101 southbound ramp intersection to LOS D (delay 28.4 seconds/vehicle), the project shall 3-/ao ATIADW 10 contribute its fair share to the following improvements (or as otherwise required by Caltrans) as illustrated in Figure J-12: d. Widen and reconfigure the eastbound LOVR approach to provide two through-lanes and an exclusive right-tum lane. The two through-lanes should extend across the overcrossing to the U.S. 101 northbound ramp intersection. This mitigation may be modfied as a result of the fequired Project Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. J-15. To mitigate significant impacts to the LOVR/U.S. 101 northbound ramps to LOS C (delay 15.8 seconds/vehicle), the project should contribute its fair share to the following measures (or as otherwise required by Caltrans) as illustrated in Figure J-12: c. Widen and reconfigure the northbound off-ramp to provide two exclusive right-turn lane. This mitigation may be modified as a result of the required-Project Study Report (PSR), which may identify alternative interchange configurations including consolidation of the southbound ramps with Calle Joaquin. Noise K-2. The apartments will be setback about 148 feet from the centerline of Los Osos Valley Road as shown on the original project concept plan. 3-ia � ATTACHMENT 1 1 October 10, 2000 Mr. Dick Komorowski Jet Ski Land Development#322C 434 Mobile Avenue Suite 19 Camarillo, CA 03010 Dear Mr. Komorowski: The purpose of this letter is to inform you that Hemizonia parryi ssp. congdonii (Congdon's tarplant) is present on your 13.64 acre site.. The subject site was once a portion of the old DeVaul Ranch but was not included in the approved development for the old ranch. Your 13.64-acre portion was referred to previously as Laguna West Planned Development site. In 1997 we observed at least one live Congdon's tarplant and scattered dry individuals of Congdon's tarplant in the fallow agricultural fields west of Los Osos Valley Road in the southern portion of DeVaul Ranch including your site (Laguna West Planned Development site), and the adjacent Froom Ranch owned by Alex Madonna. In our July 1998 survey we found thousands of Congdon's tarplants throughout the entire area defined as the DeVaul Ranch Development Site PHASE 1. The plants were far too numerous for us to even give an accurate estimate of numbers without detailed sampling. Observations of your 13.64 parcel at that time indicated that Congdon's tarplant was common along the fenceline and dirt roads of the agricultural fields. This type of distribution on your land has also been observed during our 1999 sampling period and in my most recent October 2000 site visit. While most of your 13.64 site is in row crops, the occurrence of Congdon's tarplant along the fence lines and roadsides indicate that this entire area, as well as similar habitats on the adjacent Froom Ranch, are historical and potential habitat for this species. Because the proposed plans include development of the entire 13.64-acre site, the only feasible mitigation for the loss of Congdon tarplant habitat would be an off-site mitigation plan similar to that used for the DeVaul Ranch. Hemizonia parryi ssp. congdonii (Congdon's tarplant) is an erect to prostrate, summer-flowering annual herb. Growth begins in mid to late spring with production of a rosette of basal leaves. The basal and first-formed stem leaves are thin, and the lower i ATMOMW leaves are divided into narrow lobes. Secondary clusters of stiff, spine-tipped leaves are soon produced along the main stem and branches. The stems and leaves are glandular and bear long, soft hairs. Flowering begins in mid summer and may continue into early autumn. The tiny yellow flowers are borne in small, stalkless, daisy-like flower heads along the upper branches. Each flower head is surrounded by a cluster of rigid, spine- tipped bracts. As the plants gradually dry up and die in autumn, the seed heads shatter. Congdon's tarplant is included in the CNPS inventory in List 1B (Plants Rare and Endangered in California and Elsewhere). It has an R-E-D code of 3-373 (endemic to California, endangered throughout its range, and highly restricted in distribution). It is included in the California Department of Fish and Game Natural Diversity Data Base List of Special Plants, but it is not at present listed by the state as endangered or threatened. It is listed by the federal government as a Species of Concern and has a global ranking of G1 (Less than 6 viable element occurrences or less than 2,000 acres). Historically Hemizonia parryi ssp. congdonii occurred from Contra Costa and Solano Counties south to San Luis Obispo County. It has apparently been extirpated in some of the counties where it formerly occurred and is seriously threatened in the remaining areas. It occurs primarily in clay-rich valley soils that flood in winter and dry to hard clay soil in the summer. In much of its former range its habitats were long ago converted to agriculture or have been swallowed up by urban expansion. In San Luis Obispo County, Congdon's tarplant is known only from the eastern end of the Los Osos Valley from the base of Bishop Peak and Laguna Lake to the DeVaul and Froom Ranches. It also occurs on UNOCAL land along Tank Farm Road and a few smaller sites around San Luis Obispo. Congdon's tarplant is threatened by agricultural practices (e.0, recent cultivation of fields along Los Osos Valley Road) and urban expansion (approved development of the DeVaul Ranch and of Froom Ranch). If I can be of further service or answer any questions, please do not hesitate to let me know. Sincerely, V. L. Holland, Ph.D. Plant and Restoration Ecology 1697 El Cerrito Court San Luis Obispo, CA 93401 805.756.2788 .3-ia3 . OUNTY OF SAN LUIS OBISPO - AITACHMEAJj 1 2 Department of Agriculture/Measurement Standards i 2156 SIERRA WAY, SUITE A • SAN LUIS OBISPO, CALIFORNIA 93401-4556 ' F.F RICHARD D. GREEK (805) 781-5910 ti AGRICULTURAL COMMISSIONER/SEALER FAX (805) 781-1035 AgCommSLO@co.s1o.ca.us September 5,2000 TO: Paul L. Hood,Executive Officer,LAFCO FROM: Robert Hopldms,Deputy Agricultural Commissioner SUBJECT: City of San Luis Obispo County Annexation 62 (Froom Ranch and DePaul Ranch South) Introduction This abbreviated report responds to your request for icomments on the proposed Froom Ranch parcel and DeVaul Ranch South Parcel annexations into the City of San Luis Obispo. The comments and recommendations in our report are based on current departmental policy to conserve agriculture resources and to provide for public health, safety and welfare while mitigating negative impacts of development to agriculture. Project Description and Agricultural Setting The project entails the annexation of 67 acres comprising two parcels of 54 acres (Froom) and 13 Acres (DeVaul)respectively. The site exists within the San Luis Obispo Urban Reserve Line and within the Commercial Retail land use category. Historicallythe Froom property and surrounding land have been used for livestock grazing. The Devaul property has been used periodically for field crops. The development plan site consists of a class I (irrigated), III (nonirrigated)soil and class IT (irrigated), III nonirrigated soil. These soils are considered primeunder irrigated conditions. ATTApiIfiWr 12 ' 99 Paul L. Hood,Executive Officer,LAFCO September 5,2000 Page 2 Agricultural Resource Issues Summary The evaluation of the annexation raised three agricultural resource issues which are;the conversion of prime agricultural soils,increased conversion pressure on surrounding agricultural lands and the potential to generate an incompatible land use pattern with adjacent agricultural uses. Typically these potential impacts to agriculture would be considered fairly substantial However. in context. the agricultural impacts are not considered significant. These properties changed out of the Agriculture land use category during the San Luis Obispo Area Plan update,with the subsequent approval of retail hardware use on the Froom property. There is full recognition that these properties were slated for annexation into the city of San Luis.Obispo for commercial type development by previous land use decisions. Additionally,it is generally recognized there are agricultural benefits with.locating commercial retail uses within urban areas versus locating these uses further out in the rural areas with the accompanying set of problems for agriculture.. If we can be of further assistance please call. H:IR MUMPAISLO City Am=62 Froom Devaul."d 3~I a- ATTACHMENT 1 3 N O O O O co 00 0 CO N N O CO f- N IV O O CA D O N O S N CO N N M O N fa r r CM CO OCDO A N 0 m r N 0 0 0 0 0 co O O W C N O ca N N r c; O N ui in d O rn c a N c g c O N O O O O O O CCD O r- a) w N > w v r r r '0 .L-. C p > � O N O O O O `O cc d' N fl w 0 m cog ca 'a r l r a) c S' cc c � O N N O w p E L O m p a � n E m ` N mCD Orn O0 O O O O M O M O CA c a rn 3 N CO N O M M CA E O Qi c - E ,c r ' O (U O ;O O .O co w a) .yam c6E C O m a) c O Q 0 0 0 0 0 0 0 0 LO 0 O !� CO L $. 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