HomeMy WebLinkAboutR-10714 - Adopting a mitigated neg dec of environmental determination Vesting Tentative Tract Map No. 3083RESOLUTION NO. 10714 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL DETERMINATION FOR
VESTING TENTATIVE TRACT MAP NO. 3083 CREATING 77 LOTS
FOR PROPERTY LOCATED AT 1299 ORCUTT ROAD (SBDV-1769-
2015, TRACT #3083 a.k.a. "WEST CREEK")
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on April 13, 2016, reviewed the Initial Study -Mitigated Negative Declaration (IS -
MND), considered public comment, and recommended adoption of the IS -MND; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 3, 2016; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. CSA Findings, Mitigation Measures and Mitigation :Monitoring
Program. Based upon all the evidence, the City Council makes the following CEQA findings in
support of the Vesting Tentative Map SBDV-1769-2015 (VTM#3083):
1. The proposed project is consistent with the requirements of the Orcutt Area
Specific Plan Final Environmental Impact Report (FEIR) certified and adopted by
the City Council on March 2, 2010, and this approval incorporates those FEIR
mitigation measures as applicable to VTM#3083, as detailed below.
2. A supplemental initial study has been prepared for VTM#3083 addressing potential
environmental impacts which were not identified or detailed in the FEIR for the
Orcutt Area Specific Plan (GASP). The Community Development Director has
recommended that the results of that additional analysis be incorporated into a
Mitigated Negative Declaration (MND) o f environmental impacts, and
recommends adoption of additional mitigation measures to those imposed by the
FEIR, all of which are incorporated below.
R 10714
Resolution No. 10714 (2016 Series)
Page 2
3. There is no substantial evidence, in light of the whole record before the City Council,
that the project, as analyzed in the IS -MND prepared for the West Creek subdivision
(VTM#3083) dated March 29, 2015, will have a significant effect on the
environment; and that this determination reflects the City Council's independent
judgment and analysis; and the City Council hereby adopts the 2016 West Creek
VTM#3083 project -specific Initial Study -Mitigated Negative Declaration subject to
the following mitigation measures and the mitigation monitoring program which are
incorporated into the development project.
Operational Phase Mitigation
AQ -1(a) Energy Efficiency. The building energy efficiency rating shall be 10% above what is
required by Title 24 requirements for all buildings within the Specific Plan Area.
The following energy -conserving techniques shall be incorporated unless the
applicant demonstrates their infeasibility to the satisfaction of City Planning and
Building Department staff. increase walls and attic insulation beyond Title 24
requirements; orient buildings to maximize natural heating and cooling; plant
shade trees along southern exposures of buildings to reduce summer cooling needs;
use roof material with a solar reflectance value meeting the Environmental
Protection Agency/Department of Energy Star rating; build in energy efficient
appliances; use low energy street lighting and traffic signals; use energy efficient
interior lighting; use solar water heaters; use double -paned windows; solar panel
plumbing; grey water recycling; tank -less water heaters; dedicated hot water line
loops.
AQ -1(b) Transit. Bus turnouts and shelter improvements with direct pedestrian access shall
be installed at all bus stops.
AQ -1(c) Shade Trees. All parking lots shall include shade trees within the parking area. There
shall be at least one shade tree for every six vehicle parking spaces.
AQ -1(d) Telecommuting. All new homes within the Specific Plan area shall be
constructed with internal wiring/cabling that allows telecommuting,
teleconferencing, and tele -learning to occur simultaneously in at least three
locations in each home.
R 10714
Resolution No. 10714 (2016 Series)
Page 3
AQ -1(e) Pathways. Where feasible, all cul-de-sacs and dead-end streets shall be links by
pathways to encourage pedestrian and bicycle travel.
• AQ -1 Monitoring Program:
Compliance with operational phase mitigation measures will be reviewed with the subdivision
plans and accompanying architectural review plans and ultimately shown on improvement
plans and construction drawings.
Construction Phase Miti ag tion
AQ -3(a) Application of CBACT (Best Available Control Technology for construction
related equipment). The following measures shall be implemented to reduce
combustion emissions from construction equipment where a project will have an
area of disturbance greater than 1 acre.
• Specific Plan applicants shall submit for review by the Community
Development Department and Air Pollution Control District (APCD) staff a
grading plan showing the area to be disturbed and a description of construction
equipment that will be used and pollution reduction measures that will be
implemented. Upon confirmation by the Community Development Department
and APCD, appropriate CBACT features shall be applied. The application of
these features shall occur prior to Specific Plan construction.
• Specific Plan applicants shall be required to ensure that all construction
equipment and portable engines are properly maintained and tuned according to
manufacturer's specifications.
• Specific Plan applicants shall be required to ensure that off-road and
portable diesel powered equipment, including but not limited to bulldozers,
graders, cranes, loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, shall be fueled exclusively with CARB motor vehicle
diesel fuel (non -taxed off-road diesel is acceptable)
• Specific Plan applicants shall be required to install a diesel oxidation catalyst
on each of the two pieces of equipment projected to generate the greatest
emissions. Installations must be prepared according to manufacturer's
specifications.
AQ -3(b) Dust Control. The following measures shall be implemented to reduce PM10
emissions during all Specific Plan construction:
• Reduce the amount of the disturbed area where possible.
• Use water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Water shall be applied as soon as possible
whenever wind speeds exceed 15 miles per hour. Reclaimed (non -potable)
water should be used whenever possible.
R 10714
Resolution No. 10714 (2016 Series)
Page 4
• All dirt -stock -pile areas shall be sprayed daily as needed.
• Permanent dust control measures shall be identified in the approved Specific
Plan revegetation and landscape plans and implemented as soon as possible
following completion of any soil disturbing activities.
• Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading shall be sown with a fast -germinating native
grass seed and watered until vegetation is established.
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD.
• All roadways, driveways, sidewalks, etc., to be paved shall be completed as
soon as possible. In addition, building pads shall be laid as soon as possible
after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
• All trucks hauling dirt, sand, soil or other loose materials shall be covered or
shall maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with CVC Section 23114.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be used where
feasible.
AQ -3(c) Cover Stockpiled Soils. If importation, exportation, or stockpiling of fill material is
involved, soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation. Trucks transporting material
shall be tarped from the point of origin.
AQ -3(d) Dust Control Monitor. On all projects with an area of disturbance greater than
1 acre, the contractor or builder shall designate a person or persons to monitor the
dust control program and to order increased watering as necessary to prevent
transport of dust off-site. Their duties shall include holiday and weekend periods
when work may not be in progress.
• AQ -3 Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant will
also be required to secure necessary permits from the Air Pollution Control Board (APCD)
before the onset of grading or demolition activities including, but not limited to additional dust
control measures, evaluation for Naturally Occurring Asbestos. The applicant shall present
evidence of a plan for complying with these requirements prior to issuance of a grading or
building permit from the City. The applicant shall provide the City with the name and
telephone number of the person responsible for ensuring compliance with these requirements.
The Building Inspector and Public Works Inspectors shall conduct field monitoring.
R 10714
Resolution No. 10714 (2016 Series)
Page 5
BI0-1 If vegetation clearing, grading or demolition of any existing structures is to occur
during the nesting bird season (February 15 to September 15), the applicant should
retain a qualified biologist to conduct a nesting bird survey. If active bird nests are
detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird
species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest
sites. Construction activities in the established buffer zone should be prohibited until
the young have fledged the nest and achieved independence; and,
c. The qualified biologist should document all active nests and submit a letter -report to
the County, USFWS, and CDFW, documenting project compliance with the MBTA
and applicable project mitigation measures.
BI0-2 If demolition of any existing buildings or structures is to occur, a qualified biologist
should survey structure(s) to determine the presence/absence of roosting bats within
the existing structures. Should no roosting bats be present, exclusionary measures
shall be implemented to preclude roosting prior to demolition. If active roosting is
identified, the project should be delayed until the biologist can confirm that the
roosting bats have evacuated the structures on their own accord.
BI0-3(a) Construction Requirements. Development under the Specific Plan shall abide
by the requirements of the City Arborist for construction. Requirements shall
include but not be limited to: the protection of trees with construction setbacks from
trees; construction fencing around trees; grading limits around the base of trees as
required; and a replacement plan for trees removed including replacement at a
minimum 1:1 ratio.
BI04(c) Riparian/ Wetland Mitigation. If riparian and/or wetland habitat are proposed
for removal pursuant to development under the Specific Plan, such development
shall apply for all applicable permits and submit a Mitigation Plan for areas of
disturbance to wetlands and/or riparian habitat. The plan shall be prepared by a
biologist familiar with restoration and mitigation techniques. Compensatory
mitigation shall occur on- site using regionally collected native plant material at a
minimum ratio of 2:1 (habitat created to habitat impacted) in areas shown on figure
4.4-2 as directed by a biologist. The resource agencies may require a higher
mitigation ratio. If the Orcutt Regional Basin is necessary as a mitigation site for
waters of the U.S. and State it shall be designed as directed by a biologist taking
into consideration hydrology, soils, and erosion control and using the final
mitigation guidelines and monitoring requirements (U.S. Army Corps of Engineers,
2004). As noted above, the trail shall be setback out of the buffer area for riparian
and wetland habitat.
R 10714
Resolution No. 10714 (2016 Series)
Page 6
BIO -5(a) Bird Pre -Construction Survey. To avoid impacts to nesting special -status bird
species and raptors including the ground -nesting burrowing owl, all initial ground -
disturbing activities and tree removal shall be limited to the time period between
September 15 and February 1. If initial site disturbance, grading, and tree removal
cannot be conducted during this time period, a pre -construction survey for active
nests within the limits of grading shall be conducted by a qualified biologist at the
site two weeks prior to any construction activities (for ground -nesting burrowing
owl survey see below). If active nests are located, all construction work must be
conducted outside a buffer zone of 200 feet to 500 feet from the nests as
determined in consultation with the CDFG. No direct disturbance to nests shall
occur until the adults and young are no longer reliant on the nest site. A qualified
biologist shall confirm that breeding/nesting is completed and young have fledged
the nest prior to the start of construction.
BIO -5(b) Burrowing Owl Survey. When an applicant requests entitlements from the City
under the Specific Plan a qualified biologist shall conduct surveys for burrowing
owls during both the wintering and nesting seasons (unless the species is detected
on the first survey) in potentially suitable habitats prior to construction in
accordance with the guidelines described in the CDFG Staff Report on Burrowing
Owl Mitigation (1995). Winter surveys shall be conducted on the entire project site
between December 1 and February 1, and the nesting season survey shall be
conducted between April 15 and July 15. If burrowing owls are detected within the
proposed disturbance area, CDFG shall be contacted immediately to develop and
implement a mitigation plan to protect owls and their nest sites.
BIO -5(c) Monarch Pre -Construction Survey. If initial ground -breaking is to occur
between the months of October and March a pre -construction survey for active
monarch roost sites within the limits of grading shall be conducted by a qualified
biologist at the site two weeks prior to any construction activities. If active roost
sites are located no ground -disturbing activities shall occur within 50 feet of the
perimeter of the habitat. Construction shall not resume within the setback until a
qualified biologist has determined that the monarch butterfly has vacated the site.
BIO -5(d) VPFS Sampling Surveys. Prior to development in areas shown as potential VPFS
habitat on Figure 4.4-2, current USFWS protocol level sampling surveys shall be
conducted in all such areas. A report consistent with current Federal, State, and
local reporting guidelines shall be prepared to document the methods and results
of surveys. If VPFS are found, the report shall include a map that identifies the
VPFS locations. Should the presence of additional special -status wildlife species
be determined including California linderiella, a map identifying locations in
which these species were found shall be prepared and included in the report.
BIO -5(e) FESA Consultation and Mitigation Regarding VPFS. If any VPFS individuals
are located onsite pursuant to Mitigation Measure B -5(d), substantial setbacks from
their identified habitat shall be implemented to avoid take of a Federally listed
species. If complete avoidance is not economically or technically feasible, then
R 10714
Resolution No. 10714 (2016 Series)
Page 7
Section 10 of the Federal Endangered Species Act (FESA) shall be used to
authorize incidental take when no other Federal agency such as the Corps is
involved. This process include development of a Habitat Conservation Plan for
protecting and enhancing the Federally listed species at a specific location in
perpetuity. Species take can also be authorized under Section 7 of the FESA if a
Federal agency is involved in the project (e.g., Corps Section 404 permitting for
impacts to waters of the U.S. and/or Federal funding) and agrees to be the lead
agency requesting Section 7 consultation. This consultation process takes at a
minimum 135 days from the official request by the Federal lead agency.
The compensatory mitigation ratio shall be determined by the appropriate resource
agencies. Suitable replacement habitat shall be constructed either within the site
boundaries or offsite. [OASP FEIR] Figure 4.4-2 identifies areas that could be
appropriate for onsite VPFS mitigation. Figure 4.4-2 is not intended to preclude
development but shall be used as a starting point for incorporating VPFS
mitigation sites into the development plan. While the Orcutt Regional Basin
included in the potential VPFS mitigation sites may need regular maintenance and
may be seasonally flooded, depressions could be created on the upper edges of the
terrace in such a manner that they are protected from flooding. VPFS mitigation
areas shall be approved by a biologist familiar with VPFS habitat "creation"
techniques. Enhancement of the onsite seasonal freshwater wetland habitat that is
undisturbed by project activities may also be a part of the mitigation program.
Alternatively, fairy shrimp cysts could be collected during the dry season from the
existing habitat and placed into storage. Topsoil could also be removed and stored
in conditions suitable to retain cysts. Wetland habitat could be enhanced/created in
the areas shown on Figure 4.4-2 by grading depressions in the landscape and "top
dressing" the depressions with the preserved topsoil. Preserved cysts would be
added to the recreated wetlands in December or January, after sufficient ponding
has occurred.
It is important to note that VPFS habitat mitigation is still considered experimental.
VPFS habitat mitigation is ambitious as it is costly, labor intensive, and difficult to
ensure success. Habitat may be "created" only in an existing vernal pool landscape
that provides suitable soils and a number of other specific ecological factors
(USFWS, 2004).
An alternative to onsite mitigation is the purchase of mitigation bank credits.
Credits can be purchase by the acre as suitable mitigation for VPFS. There is
currently no known mitigation bank with VPFS habitat occurring within San Luis
Obispo County, however, mitigation banks may be available in the future.
• BIO -3a, BIO -4c, BIO -5 Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation
at time of review and prior to approval of grading plan(s) and during tract construction (B -3a,
B -4c, B-5).
R 10714
Resolution No. 10714 (2016 Series)
Page 8
BI0-6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland
habitats shall be reduced to the minimum width possible, while maintaining Fire
Department Requirements for emergency access, with slower speed limits introduced.
Posted speed limits should be 25 mph.
BI0-6(b) Culvert Design. Although closed culverts are to be the drainage conveyance method
of last resort per the City Waterways Management Plan, where they are required,
culverts connecting the Plan Area drainage corridors with upstream and downstream
drainage corridors shall be evaluated during the suitability analysis pursuant to
Mitigation Measure B -5(a) to determine their importance to wildlife who could use
them to travel to and from the site. If culverts are found to be of importance to
wildlife, the culverts shall be evaluated for their potential for improvement (i.e.
retrofitting, maintenance, or specific improvements depending on the types of species
using them). The development pursuant to the Specific Plan and the City shall
develop a plan for the improvement of the culverts. Preservation of the wildlife
corridors that are present on the project site can be achieved with sufficient setbacks
from riparian and wetland habitats. Refer to B-4 for mitigation regarding riparian and
wetland habitat setbacks.
BI0-6(c) Educational Pet Brochure. Any development pursuant to the Specific Plan shall
prepare a brochure that informs prospective homebuyers and Home Owners
Association (HOA) members about the impacts associated with non- native animals,
especially cats and dogs, to the project site; similarly, the brochure must
inform potential homebuyers and all HOA members of the potential for coyotes to
prey on domestic animals.
BI0-6(d) Landscaping Plan Review. To ensure that project landscaping does not introduce
invasive non-native plant and tree species to the region of the site, the final
landscaping plan shall be reviewed and approved by a qualified biologist. The
California Invasive Plant Council (Cal -IPC) maintains several lists of the most
important invasive plants to avoid. The lists shall be used when creating a
plant palette for landscaping to ensure that plants on the lists are not used. The
following plants shall not be allowed as part of potential landscaping plans pursuant
to development under the Specific Plan:
• African sumac (Rhus lancea)
• Australian saltbush (Atriplex semibaccata)
• Black locust (Robina pseudoacacia)
• California pepper (Schinus molle) and Brazilian pepper (S. terebinthifolius)
• Cape weed (Arctotheca calendula)
• Cotoneaster (Cotoneaster pannosus), (C. lacteus)
• Edible fig (Ficus carica)
• Fountain grass (Pennisetum setaceum)
• French broom (Genista monspessulana)
• Ice plant, sea fig (Carpobrotus edulis)
R 10714
Resolution No. 10714 (2016 Series)
• Leafy spurge (Euphorbia esula)
• Myoporum (Myoporum spp.)
• Olive (Olea europaea)
• Pampas grass (Cortaderia selloana), and Andean pampas grass (C. jubata)
• Russian olive (Elaeagnus angusticifolia)
• Scotch broom (Cytisus scoparius) and striated broom (C. striatus)
• Spanish broom (Spartium junceum)
• Tamarix, salt cedar (Tamarix chinensis), (T. gallica), (T. parviflora),
(T. ramosissima)
• Blue gum (Eucalyptus globulus)
• Athel tamarisk (Tamarix aphylla)
• BIO -6 Monitoring Program:
Page 9
Compliance with mitigation measures will be reviewed with landscaping plans as part of the
architectural review submittal and ultimately shown on improvement plans and construction
drawings.
CR -1(d) Archaeological Resource Construction Monitoring. At the commencement of
project construction, an orientation meeting shall be conducted by an archaeologist for
construction workers associated with earth disturbing procedures. The orientation
meeting shall describe the possibility of exposing unexpected archaeological resources
and directions as to what steps are to be taken if such a find is encountered. The City
should consider retaining a Chumash representative to monitor any field work
associated with Native American cultural material.
If human remains are exposed, State Health and Safety Code Section 7050.5 requires
that no further disturbance shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public Resources Code
Section 5097.98.
• CR- I (d) Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
D -2(a) Vegetative and Biotechnical Approaches to Bank Stabilization. Vegetative or
biotechnical (also referred to as soil bioengineering) approaches to bank
stabilization are preferred over structural approaches. Bank stabilization design
must be consistent with the SLO Creek Stream Management and Maintenance
R 10714
Resolution No. 10714 (2016 Series)
Page 10
Program Section 6. Streambank stabilization usually involves one or a combination
of the following activities:
• Regrading and revegetating the streambanks to eliminate overhanging banks
and create a more stable slope;
• Deflecting erosional water flow away from vulnerable
sites;
■ Reducing the steepness of the channel bed through installation of
grade stabilization structures;
• Altering the geometry of the channel to influence flow velocities and
sediment deposition;
• Diverting a portion of the higher flow into a secondary or by-pass
channel;
• Armoring or protecting the bank to control erosion, particularly at the toe
of slopes.
The bank stabilization design
will:
• Be stable over the long
term;
• Be the least environmentally damaging and the "softest" approach
possible;
• Not create upstream or downstream flooding or induce other local
stream instabilities;
■ Minimize impacts to aquatic and riparian
habitat.
D -2(c) Riparian Zone Planting. The OASP proposes riparian enhancement of creek
corridors. Section 11 guidelines of the SLO Creek Drainage Design Manual shall be
followed for riparian areas that are modified, created and/or managed for flood
damage reduction, stream enhancement, and bank repair. Linear park terrace
vegetation, streambank repair and channel maintenance projects may require stream
channel modifications that include shaping, widening, deepening, straightening, and
armoring. Many channel management projects also require building access roads
for maintenance vehicles and other equipment. These construction activities can
cause a variety of impacts to existing sensitive riparian and aquatic habitat that,
depending on the selected design alternative, range from slight disturbances to
complete removal of desirable woody vegetation and faunal communities. In urban
areas within the SLO creek watershed, riparian vegetation often provides the only
remaining natural habitat available for wildlife populations.
R 10714
Resolution No. 10714 (2016 Series)
Page 11
D -5(a) Biof Iters. The applicant shall submit to the Director of Community
Development for review and approval a plan that incorporates grassed swales
(biofilters) into the project drainage system where feasible for runoff conveyance
and filtering of pollutants.
D -5(c) Pervious Paving Material. Consistent with Land Use Element Policy 6.4.7, the
applicant shall be encouraged to use pervious paving material to facilitate rainwater
percolation. Parking lots and paved outdoor storage areas shall, where feasible, use
pervious paving to reduce surface water runoff and aid in groundwater recharge.
• D -2a, D -2c, D -5a, D -5c Monitoring Program:
Monitoring will include Natural Resources Department staff consultation and implementation
at time of landscaping construction plan review and Engineering -Public Works staff at the
time of tract construction.
N -1(a) Compliance with City Noise Ordinance. Construction hours and noise levels shall
be compliant with the City Noise Ordinance [Municipal Code Chapter 9.12,
Section
9.12.050(6)]. Methods to reduce construction noise can include, but are not limited
to, the following:
• Equipment Shielding. Stationary construction equipment that generates noise
can be shielded with a barrier.
• Diesel Equipment. All diesel equipment can be operated with closed engine
doors and equipped with factory -recommended mufflers.
• Electrical Power. Whenever feasible, electrical power can be used to run
air compressors and similar power tools.
• Sound Blankets. The use of sound blankets on noise generating equipment.
• N-1 a Monitoring Program:
Requirements for construction noise mitigation shall be clearly noted on all plans for
project grading and construction.
R 10714
Resolution No. 10714 (2016 Series)
Page 12
S -2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants,
Codes, and Restrictions (CC&R's) that disclose to potential buyers or leasers that
aircraft over -flights occur, and that such flights may result in safety hazard impacts
should an aircraft accident occur. In addition, prior to recordation of final map,
avigation easements shall be recorded over the entire project site for the benefit of the
SLO County Regional Airport.
• S -2b Monitoring
Program:
Monitoring will include Community Development, City Attorney and Engineering staff
approvals of the Disclosure(s) prior to recordation of a final tract map.
ER 224-14 CEOA MITIGATION MEASURES specifically applicable to VTM#3083
AESTHETIC MITIGATION
AES-VTM3083-1 Lighting and Glare. Final Design Review by ARC shall include specific
lighting and glare reduction/elimination techniques included with the lighting plans for the
project, consistent with OASP Program 4.4.3a.
• AES-VTM3083-1 Monitoring Program: Community Development Department staff
will insure ARC and staff level application of these standards during any final design
review and building permit submittals.
AIR UALITY MITIGATION,
AQ-VTM3083-2 Solar Conduits. Final building construction plans will include needed
conduits required for each residential unit for installing a roof -mounted solar system, at the
option of each owner.
• AQ-VTM3083-2 Monitoring Program: Community Development Department staff
will insure ARC and staff level application of these standards during any final design
review and building permit submittals.
AQ-VTM3083-3 Naturally -occurring Asbestos. If excavation into the Franciscan Melange
rock units is planned, and serpentinite is encountered, work in the vicinity of the find will be
temporarily halted and the materials will be tested to determine if asbestos is present. If asbestos
is found to be present, an appropriate mitigation plan will be developed by the Project Soils
Engineer -Geologist, and submitted to the City Engineer for approval before work in such
area(s) may recommence.
R 10714
Resolution No. 10714 (2016 Series)
Page 13
• AQ-VTM3083-3 Monitoring Program: Final tract improvement plans shall include a
protocol for ceasing work and conducting required testing in the event serpentinite rock
units are encountered during site grading and/or utility construction. Any mitigation plan
shall be subject to City Engineer approval.
BIOLOGICAL MITIGATION
BIO-VTM3083-1 Tree Retention/Removal. Final Design Review by ARC shall include
recommendations from the City Arborist for tree retention and removal, and will define a final
land plan with grading and housing placement to address the tree removal and retention options.
To the extent this mitigation measure reduces density or alters site plans, those changes will be
evaluated for major or minor modifications to the approved VTM.
BIO-VTM3083-1 Monitoring Program: City Arborist will insure ARC and staff level
application of these standards during any final design review submittals. Should changes
to the subdivision design become necessary, these changes will be implemented prior to
recordation of any final map.
BIO-VTM3083-2 Nesting Bird Surveys. If vegetation clearing, grading or demolition of any
existing structures is to occur during the nesting bird season (February 15 to September 15), the
applicant should retain a qualified biologist to conduct a nesting bird survey. If active bird nests
are detected the following measures should be implemented:
a. The project should be modified or delayed as necessary to avoid direct take of bird
species protected under the MBTA;
b. A qualified biologist should establish an appropriate buffer zone around active nest
sites. Construction activities in the established buffer zone should be prohibited
until the young have fledged the nest and achieved independence; and,
C. The qualified biologist should document all active nests and submit a letter -report
to the County, USFWS, and CDFW, documenting project compliance with the
MBTA and applicable project mitigation measures.
BIO-VTM3083-3 Roosting Bat Survey. If demolition of any existing buildings or structures is
to occur, a qualified biologist should survey structure(s) to determine the presence/absence of
roosting bats within the existing structures. Should no roosting bats be present, exclusionary
measures shall be implemented to preclude roosting prior to demolition. If active roosting is
identified, the project should be delayed until the biologist can confirm that the roosting bats
have evacuated the structures on their own accord.
BIO-VTM3083-1, -2 and -3 Monitoring Program: Natural Resources Manager and
Community Development Department staff will insure mitigation measures will be
reviewed prior to approval of tract grading plans and ultimately shown on improvement
plans and construction drawings.
R 10714
Resolution No. 10714 (2016 Series)
CULTURAL RESOURCES MITIGATION
Page 14
CR-VTM3083-1 Photo Documentation. Prior to development, a qualified historian shall be
retained to conduct a photo documentation of the 50+ year old structures within the West Creek
VTM#3083 project using the City's Historic Preservation Program Guidelines.
• CR-VTM3083-1 Monitoring Program: Community Development Department staff will
insure mitigation measures are completed prior to approval of tract grading construction
drawings.
��f�YT�tillh�f�_i�M:Cll,�r.�_C�]►�
T-VTM3083-1 Orcutt Road & Street A: Provide roundabout control.
• T-VTM3083-1 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction
drawings.
T-VTM3083-2 South Eastern Intersection: Provide "Knuckle" curve with driveway approach
for access to the east.
• T-VTM3083-2 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction
drawings.
UTILITIES AND SERVICE SYSTEMS MITIGATION
USS-VTM3083-1 Off-site Water Main Line Extensions to the OASP To Meet Fire Flow
and Storage Standards. Concurrent with applications for Final Map(s), the applicant shall
submit a water supply plan to meet adequate fire flow standards for all lots within each Final
Map. Implementation of such a water line extension plan shall be included as a part of public
improvement plans for the subdivision, and approved by Utilities, Public Works and the City
Engineer. This implementation plan may include a financing plan, including reimbursement
provisions, approved by the City Council at the time of considering any Final Map. Required
water main line extension(s) to the subdivision shall be completed and operational to the
satisfaction of the Utilities Director, prior to occupancy of any of the residential uses.
USS-VTM3083-1 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction
drawings.
R 10714
Resolution No. 10714 (2016 Series)
Page 15
USS-VTM3083-2 Off-site Sewer Line Replacements. Concurrent with applications for Final
Map(s), the applicant shall submit a plan to replace the existing 10 -inch sewer line crossing the
Union Pacific railroad tracks. Implementation of such a sewer line extension plan shall be
included as a part of public improvement plans for the subdivision, and approved by Utilities,
Public Works and the City Engineer. This implementation plan may include a financing plan,
including reimbursement provisions, approved by the City Council at the time of considering
any Final Map. Required sewer main line extension(s) to the subdivision shall be completed and
operational to the satisfaction of the Utilities Director, prior to occupancy of any of the
residential uses.
• USS-VTM3083-2 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction
drawings.
USS-VTM3083-3 Off-site Recycled Water Main Line Extension. Concurrent with
applications for Final Map(s), the applicant shall submit a recycled water supply plan to meet
the project's landscape irrigation needs for all approved uses. Implementation of the recycled
water line extension plan shall be included as a part of public improvement plans for the
subdivision, and approved by Utilities, Public Works and the City Engineer. This
implementation plan may include a financing plan, including reimbursement provisions,
approved by the City Council at the time of considering any Final Map. The required recycled
water main line extension to the subdivision shall be completed and operational to the
satisfaction of the Utilities Director for landscape irrigation.
• USS-VTM3083-3 Monitoring Program: Compliance will be reviewed with the
subdivision plans and ultimately shown on improvement plans and construction
drawings.
Upon motion of Council Member Christianson, seconded by Council Member Rivoire, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
and Vice Mayor Carpenter
NOES: None
ABSENT: None
RECUSED Mayor Marx
R 10714
Resolution No. 10714 (2016 Series) Page 16
The foregoing resolution was adopted this 17`h day of May, 2016.
vie4vor an C
ATTEST:
Lee Price, MMC
Interim City Clerk
APPROVED AS TO
ristine Dietrick
Attorney
IN WITNESS WHEREOF, I have h nto set my n and affixed
of San Luis Obispo, California, this day of
official seal of the City
Lee Price, MMC
Interim City Clerk
R 10714