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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