Loading...
HomeMy WebLinkAboutPC-1002-17 (SBDV,ER-2586-2016 -- 3777 Orcutt Road)RESOLUTION NO. PC -1002-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT AN INITIAL STUDY -MITIGATED NEGATIVE DECLARATION AND APPROVE VESTING TENTATIVE TRACT MAP #3095 AND GRANT EXCEPTIONS FOR HEIGHT (EXCLUDING LOTS 14 AND 15), ROAD DESIGN, REAR YARD SETBACKS (LIMITED TO LOTS 6, 8, 9 AND 10), AND GRADING AND DEVELOPMENT OF DRAINAGE AND STORMWATER FACILITIES WITHIN THE CREEK SETBACK, AS REPRESENTED IN THE STAFF REPORT AND ATTACIIMENTS DATED JANUARY 25, 2017 (3777 ORCUTT ROAD, SBDV/ER-2586-2016) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on January 25, 2017 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering SBDV-2586-2016, a vesting tentative tract map subdividing an approximately 5.49 -acre site into 23 lots; WHEREAS, the Planning Commission considered an Initial Study -Mitigated Negative Declaration (IS -MND) analyzing the proposed vesting tentative tract map; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission 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 Planning Commission of the City of San Luis Obispo as follows: SECTION 1. CEQA Findings, Mitigation Measures, and Mitigation Monitoring Program. Based upon all the evidence, the Planning Commission recommends that the City Council adopt the following CEQA findings in support of the project: 1. The proposed project, as conditioned herein, 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 action incorporates those FEIR mitigation measures as detailed herein. 2. A supplemental initial study has been prepared for the project, which addresses potential environmental impacts which were not identified or detailed in the FEIR for the Orcutt Area Specific Plan. The Community Development Director has recommended that the results of that additional analysis be incorporated into a Mitigated Negative Declaration (MND) of environmental impacts, and recommends adoption of additional mitigation measures to those imposed by the FEIR, all of which are incorporated below. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 2 3. All potentially significant effects were analyzed adequately in the referenced FEIR and IS/MND, subject to the following mitigation measures being incorporated into the project and the mitigation monitoring program: AESTHETICS AES -3(a) Minimize Lighting on Public Areas. Lighting shall be shielded as shown in the Specific Plan and directed downward. Lighting shall not be mounted more than 16 feet high. Streetlights, where they are included, shall be primarily for pedestrian safety, and shall not provide widespread illumination unless necessary to comply with safety requirements, as determined by the Public Works Director. Street lighting should focus on intersections and should be placed between intersections only when it is necessary to comply with safety requirements, as determined by the Public Works Director. Trail lighting shall be at a scale appropriate for pedestrians, utilizing bollards, although overhead lighting may be used where vandalism of bollard lights is a concern. Prior to development of individual lots, proposed lighting shall be indicated on site plans and shall demonstrate that spill-over of lighting would not affect nearby residential areas. AES -3(a) Monitoring Program: Compliance with lighting standards shall be shown on all tract and residential construction drawings, to the satisfaction of the Public Works and Community Development Directors. AIR QI ALITV MITIGATION 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; and use double -paned windows. Final building construction plans will include needed solar conduits required for each residential unit for installing a roof -mounted solar system, at the option of each owner. 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. 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. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 3 AQ -1(a, d, e) Monitoring Program: Compliance will be reviewed with the subdivision plans and accompanying architectural review plans and ultimately shown on improvement plans and construction drawings, and confirmed by the Public Works and Community Development Directors. Construction Phase Mitigation 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, or for all projects, regardless of the size of ground disturbance, when that disturbance would be conducted adjacent to sensitive receptors. • 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. • Maximize, to the extent feasible, the use of diesel construction equipment meeting ARB's 1996 and newer certification standard for off-road heavy-duty diesel engines. • Maximize, to the extent feasible, the use of on -road heavy-duty equipment and trucks that meet the ARB's 1998 or newer certification standard for on -road heavy- duty diesel engines. • All on and off-road diesel equipment shall not be allowed to idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and on job sites to remind drivers and operators of the 5 -minute idling limit. AQ -3(b) Dust Control. The following measures shall be implemented to reduce PM 10 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. • All dirt -stock -pile areas shall be sprayed daily as needed. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 4 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. s 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. 0 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. 0 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. AIR -1 Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities a geologic evaluation should be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Technical Appendix 4.4 of this Handbook includes a map of zones throughout SLO County where NOA has been found and geological evaluation is required prior to any grading. More information on NOA can be found at http://www.slocleanair. org/business/asbestos. asp. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 5 AIR -2 Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a buildings) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M- asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. More information on Asbestos can be found at http://www.slocleanair. org/business/asbestos.php. AQ -3(a -d), AIR -1, and AIR -2 Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant will also be required to comply with existing regulations and secure necessary permits from the Air Pollution Control District (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. BIOLOGICAL RESOURCES MITIGATION B -2(b) Special -Status Plant Buffer. Where special -status plants are found, site development plans shall be modified to avoid such occurrences with a minimum buffer of 50 feet. The applicant seeking entitlement shall establish conservation easements for such preserved areas, prior to issuance of the first building permit for subsequent tracts. The Specific Plan shall be amended at that time to place these areas formally into open space, possibly as an overlay area. If total avoidance is economically or technologically infeasible then plants shall be salvaged and relocated under direction of an approved botanist, in accordance with Mitigation Measures B -2(c) through B -2(f). If total avoidance can be achieved, Mitigation Measures B -2(c) through B -2(f) would not be required. (It should be noted that avoidance is likely to be more cost effective in the long run compared to mitigation in the form of salvage and relocation). If total avoidance of special -status plant species can be achieved through Mitigation Measure B -2(b), Mitigation Measures B -2(c) through B -2(f) would not be required. B -2(c) Incidental Take Permit. In the event that state listed species are discovered, the applicant seeking entitlements shall submit to the City signed copies of an incidental take permit and enacting agreements from the CDFG regarding those species as necessary under Section 2081 of the California Fish and Game Code prior to the initiation of grading. If a plant species that is listed under the federal Endangered Species Act is discovered, the applicant seeking entitlements shall provide proof of Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 6 compliance with the federal Endangered Species Act, inclusive as necessary of signed copies of incidental take permit and associated enacting agreements, to the City prior to the initiation of grading. B -2(b, c) Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part of the architectural review submittal and ultimately shown on improvement plans and construction drawings. As applicable, the Natural Resources Manager will confirm receipt of required resource agency permits and approvals. Compliance will be verified by the Natural Resources Manager in consultation with the Community Development Director. B -2(d) Special -Status Species CDFG-Approved Mitigation Plan. If total avoidance of the species occurrences is economically or technologically infeasible, a mitigation program shall be developed by the City in consultation with CDFG as appropriate. A research study to determine the best mitigation approach for each particular species to be salvaged shall be conducted. The special -status plant species mitigation program may include the following: • The overall goal and measurable objectives of the mitigation and monitoring plan; • Specific areas proposed for revegetation and their size. • Potential sites for mitigation would be any suitable site within proposed open space depending on the species that is appropriately buffered from development. For a list of suitable habitats for the mitigation of each species refer to the list in Mitigation Measure B -2(a). • Specific habitat management and protection concepts to be used to ensure long- term maintenance and protection of the special -status plant species to be included, including 4:1 in-kind replacement of removed native (i.e. oak and sycamore) trees, (i.e.: annual population census surveys and habitat assessments; establishment of monitoring reference sites; fencing of special -status plant species preserves and signage to identify the environmentally sensitive areas; a seasonally timed weed abatement program; and seasonally -timed seed and/or topsoil collection, propagation, and reintroduction of special -status plant species into specified receiver sites); • Success criteria based on the goals and measurable objectives to ensure a viable population(s) on the project site in perpetuity; • An education program to inform residents of the presence of special -status plant species and sensitive biological resources on-site, and to provide methods that residents can employ to reduce impacts to these species/resources in protected open space areas; • Reporting requirements to ensure consistent data collection and reporting methods used by monitoring personnel; and • Funding mechanism. B -2(e) Special -Status Plant Monitoring Frequency. Monitoring shall occur annually and shall last at least five years to ensure successful establishment of all re -introduced or salvaged plants and no -net -loss of the species or its habitat. In the case of annual plants, it is difficult to determine if there has been a net loss or gain in a five-year period. Therefore, an important component of the mitigation and monitoring plan shall be Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 7 adaptive management. The adaptive management program shall address both foreseen and unforeseen circumstances relating to the preservation and mitigation programs. The plan shall include follow up surveys every five years in perpetuity or until a qualified biologist can demonstrate that the target special -status species has not experienced a net loss. It shall also include remedial measures to address negative impacts to the special -status plant species and their habitats (i.e.: removal of weeds, addition of seeding/planting efforts) if the species is suffering a net loss at the time of the follow up surveys. B -2(i) Special -Status Species Habitat Replacement. The primary goal of the mitigation and monitoring plan is to ensure a viable population and no -net -loss of special -status species habitat within the project site. To ensure the no -net -loss of a species, the applicant shall create two acres of occupied special -status species habitat for every one acre of habitat impacted by project development. If resource agencies require a higher replacement ratio than 2:1, their requirements would prevail. The creation of habitat can occur in conjunction with the mitigation/relocation of wildflower field habitat if the research study indicates that the wildflower field and specific special -status plant species can be relocated and cohabitate. B -2(g) Bunchgrass Survey. If occurrences of native perennial bunchgrass habitat of 0.5 acre or greater containing at least 10% or greater coverage of native perennial bunchgrass are found that area shall be placed in open space and a deed restriction placed over the area to protect it in perpetuity. If the area cannot be avoided for economical or technological reasons, then native grasses including perennial bunchgrasses shall be incorporated into the landscaping plant palette and the erosion control plan to replace the lost habitat. The most effective areas to receive native grass seed are graded areas that will be revegetated adjacent to open space. The acreage ratio of lost native perennial bunchgrass habitat to habitat replaced shall be no less than 1:1. Native perennial bunchgrass material shall come from locally collected seed stock to avoid contamination of the local gene pool. Because perennial bunchgrasses grow slowly at first, a "nurse" crop consisting of Nuttall's fescue (Vulpia microstachys), California brome (Bromus carinatus), and pinpoint clover (Trifolium gracilentum) shall be added to the mix to stabilize any graded areas while the bunchgrasses become established. No non-native invasive plant species shall be used in landscaping. California Invasive Plant Council (Cal -IPC) maintains a list of the most important invasive plants to avoid. This list shall be used when creating a plant palette for landscaping. Planting equipment (i.e.: hydroseeding tank and dispensing mechanism) shall be cleaned of remaining seed from previous applications prior to use on-site. The hydroseed applicator shall be responsible for ensuring tanks have been properly cleaned of any seed that is not a part of the specified mix. Additional clarifying mitigation as recommended by applicant's biologist (Rincon August 2014): Pertinent and logistic details regarding the creation of valley needlegrass grassland habitat shall be outlined in a Habitat Mitigation and Monitoring Plan for this sensitive resource. This Plan will be approved by the City prior to its implementation and shall include the following: Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 8 • Overall goals and measurable plan objectives, • Identification of specific areas for mitigation, • Specific habitat management and protection concepts that will be used to ensure the long-term maintenance and continued protection of valley needlegrass grassland habitat, • Success criteria to be met, • An education program for residents, • Reporting requirements, and • Identification of funding mechanisms. The valley needlegrass grassland habitat mitigation areas shall be monitored annually for at least five years to ensure successful establishment and that no -net -loss of this sensitive habitat has been achieved. To ensure no -net -loss of valley needlegrass grassland habitat, the applicant shall create one acre of mitigation habitat for every one acre of valley needlegrass grassland habitat impacted by implementation of the project. A copy of all permits, or other correspondence stating that no permit is necessary, shall be filed with the City prior to project implementation. The City shall ensure that all the required documentation is received prior to initiation of construction activities and shall oversee implementation of the Valley Needlegrass Grassland Habitat Mitigation and Monitoring Plan. Likewise, the City shall ensure that all the avoidance, minimization, and/or mitigation measures prescribed are fully implemented. B -2(d -g) Monitoring Program: The Special -Status Species Mitigation Plan shall be submitted and approved by the Natural Resources Manager and Community Development Director prior to issuance of any grading and construction permits. As applicable, the Natural Resources Manager will confirm receipt of required resource agency permits and approvals. Compliance with the Mitigation Plan and submittal of required Monitoring Reports will be verified by the Natural Resources Manager in consultation with the Community Development Director. Trees (GASP) B -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 2:1 ratio. Removal of native trees, including sycamore and oak trees, shall require a minimum 4:1 replacement ratio, to be incorporated into the Special -Status Species Mitigation Plan and Five -Year Monitoring Plan. B -3(a) Monitoring Program: The Special -Status Species Mitigation Plan shall be submitted and approved by the Natural Resources Manager and Community Development Director prior to issuance of any grading and construction permits. As applicable, the Natural Resources Manager will confirm receipt of required resource agency permits and approvals. Compliance with the Resolution No. PC -1002-17 S13DWER-2586-2016 (3777 Orcutt Road) Page 9 Mitigation Plan and submittal of required Monitoring Reports will be verified by the Natural Resources Manager in consultation with the Community Development Director. Riparian Woodland and Wetland Habitat (OASP) 134(a) Trail Setbacks. Trails shall be setback out of riparian habitat and out of the buffer area. The trail shall be a minimum distance of 20 feet from top of bank or from the edge of riparian canopy, whichever is farther. Trails shall be setback from wetland habitat at a minimum distance of 30 feet and shall not be within the buffer. Native plant species that will deter human disturbance shall be planted in the area between the trail and the wetland/riparian habitat including plants such as California rose (Rosa californica) and California blackberry (Rubus ursinus). No passive recreational use shall be allowed in the riparian or wetland habitats or drainage corridors. 134(b) Development Setbacks. Development that abuts riparian and wetland mitigation areas shall also be setback at least 20 feet, and be buffered by an appropriately -sized fence and/or plants that deter human entry listed in BIO -4(a). 134(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 FEIR 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. The plan shall include, but not be limited to the following components: 1) Description of the project/impact site (i.e.: location, responsible parties, jurisdictional areas to be filled/impacted by habitat type); 2) goal(s) of the compensatory mitigation project (type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved, specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved); 3) description of the proposed compensatory mitigation -site (location and size, ownership status, existing functions and values of the compensatory mitigation - site); Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 10 4) implementation plan for the compensatory mitigation -site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan); 5) maintenance activities during the monitoring period (activities, responsible parties, schedule); 6) monitoring plan for the compensatory mitigation -site (performance standards, target functions and values, target hydrological regime, target jurisdictional and non jurisdictional acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports); 7) completion of compensatory mitigation (notification of completion, agency confirmation); and 8) contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). In addition, erosion control and landscaping specifications included in the mitigation plan shall allow only natural -fiber, biodegradable meshes and coir rolls, to prevent impacts to the environment and to fish and terrestrial wildlife. B -4(a -c) Monitoring Program: Compliance with mitigation measures will be reviewed with plans as part of the architectural review submittal and ultimately shown on improvement plans and construction drawings. As applicable, the Natural Resources Manager will confirm receipt of required resource agency permits and approvals. The Mitigation Plan shall be submitted and approved by the Natural Resources Manager and Community Development Director prior to issuance of any grading and construction permits. As applicable, the Natural Resources Manager will confirm receipt of required resource agency permits and approvals. Compliance with the Mitigation Plan and submittal of required Monitoring Reports will be verified by the Natural Resources Manager in consultation with the Community Development Director. Impacts to Wildlife(GASP) B -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 no more than 30 days prior to the start of any construction activities (for ground -nesting burrowing owl survey [OASP FEIR]). If active nests are located, all construction work must be conducted outside a buffer zone of 250 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. B -5(c) Monarch Pre -Construction Survey. If initial ground -breaking is to occur between the months of October and March a preconstruction survey for active monarch roost sites Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 11 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. B -5(a, c) Monitoring Program: Mitigation measures shall be shown on improvement plans and construction drawings. The Natural Resources Manager will confirm receipt of required pre - construction survey reports. Compliance will be verified by the Natural Resources Manager in consultation with the Community Development Director. B -6(a) Minimized Roadway Widths. Roadway widths adjacent to riparian and wetland habitats may 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. B -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(e) 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. B -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. B -6(a -c) Monitoring Program: Mitigation measures shall be shown on improvement plans and construction drawings. Compliance will be verified by the Natural Resources Manager in consultation with the Community Development Director. B -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 Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 12 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) • 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) With the exception of poison oak, only those species listed in the Specific Plan's Suggested Plant List [Orcutt Area Specific Plan Appendix E] shall not be planted anywhere on-site because they are invasive non-native plant species. Poison oak is a native plant species and could be used to deter human entrance to an area such as a mitigation/enhancement area. B -6(d) Monitoring Program: 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. Compliance will be verified by the Natural Resources Manager in consultation with the Community Development Director. CULTURAL RESOURCES MITIGATION CR -1(d) Archaeological Resource Construction Monitoring. Prior to commencement of construction, the applicant shall submit a Cultural Resources Monitoring Plan, prepared by a qualified archaeologist. The intent of this Plan is to monitor all earth -disturbing activities. The Monitoring Plan shall include at a minimum: a . List of personnel involved in the monitoring activities; b. Inclusion of involvement of the Native American community, as appropriate; C. Description of how the monitoring shall occur; d. Description of frequency of monitoring (e.g., full-time, part time, spot checking); Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 13 e. Description of what resources are expected to be encountered; f. Description of circumstances that would result in the halting of work at the project site (e.g., What is considered "significant" archaeological resources?); g. Description of procedures for halting work on the site and notification procedures; and h. Description of monitoring reporting procedures 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. In the event that prehistoric or historic archaeological resources are exposed during project construction, constructional earth disturbing work within 50 meters (164 feet) of the find must be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated (e.g., curation, preservation in place, etc.), work in the area may resume. 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 -3(a) Prohibition of Archaeological Site Tampering. Off-road vehicle use, unauthorized collecting of artifacts, and other activities that could destroy or damage archaeological or cultural sites shall be prohibited. Signs shall be posted on the property to discourage these types of activities and warn of trespassing violations and imposed fines. CR -1(d), CR -3(a) Monitoring Program: Requirements for cultural resource mitigation, in the event of unforeseen encounter of materials, shall be clearly noted on all plans for project grading and construction. Compliance will be verified by the Community Development Director. DRAINAGE AND WATER QUALITY MITIGATION D -1(a) Erosion Control Plan. Prior to issuance of the first Grading Permit or approval of improvement plans, the applicant shall submit to the Directors of Community Development and Public Works for review and approval a detailed erosion control plan (ECP) to mitigate erosion and sedimentation impacts during the construction period. The detailed ECP shall be accompanied by a written narrative and be approved by the City Engineer. At a minimum, the ECP and written narrative should be prepared according to the guidelines outlined in the DDM and should include the following: • A proposed schedule of grading activities, monitoring, and infrastructure milestones in chronological format; • Identification of critical areas of high erodibility potential and/or unstable slopes; Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 14 • Soil stabilization techniques such as short-term biodegradable erosion control blankets and hydroseeding should be utilized. Silt fences should be installed downslope of all graded slopes. Straw bales should be installed in the flow path of graded areas receiving concentrated flows, as well as around storm drain inlets; • Description of erosion control measures on slopes, lots, and streets; • Contour and spot elevations indicating runoff patterns before and after grading; • Filter systems at catch basins (drop inlets) in public streets as a means of sediment control; and • The post -construction inspection of all drainage facilities for accumulated sediment, and the clearing of these drainage structures of debris and sediment. D -1(b) Storm Water Pollution Prevention Plan. The applicant shall comply with NPDES General Construction Activities Storm Water Permit Requirements established by the CWA. Pursuant to the NPDES Storm Water Program, an application for coverage under the statewide General Construction Activities Storm Water Permit (General Permit) must be obtained for project development. It is the responsibility of the project applicant to obtain coverage prior to site construction. The applicant can obtain coverage under the General Permit by filing a Notice of Intent (NOI) with the State Water Resource Control Board's (SWRCB) Division of Water Quality. The filing shall describe erosion control and storm water treatment measures to be implemented during and following construction and provide a schedule for monitoring performance. These BMPs will serve to control point and non -point source (NPS) pollutants in storm water and constitute the project's SWPPP for construction activities. While the SWPPP will include several of the same components as the ECP, the SWPPP will also include BMPs for preventing the discharge of other NPS pollutants besides sediment (such as paint, concrete, etc.) to downstream waters. • Notice of Intent. Prior to beginning construction, the applicant shall file a Notice of Intent (NOI) for discharge from the proposed development site. • Storm Water Pollution Prevention Plan. The applicant shall require the building contractor to prepare and submit a SWPPP to the City forty-five (45) days prior to the start of work for approval. The contractor is responsible for understanding the State General Permit and instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activity on the project site in excess of one acre. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur on-site during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB). The SWPPP shall be also submitted to the City along with grading/development plans for review and approval. • Notice of Completion of Construction. The applicant shall file a notice of completion of construction of the development, identifying that pollution sources were controlled during the construction of the project and implementing a closure SWPPP for the site. Resolution No. PC -1002-17 S13DWER-2586-2016 (3777 Orcutt Road) Page 15 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 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. • Specify that only natural -fiber, biodegradable meshes and coir rolls be used, to prevent impacts to the environment and to fish and terrestrial wildlife. 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. D -4(a) Compliance with City's Drainage Design Manual. All drainage improvements must be constructed in accordance with Section 9 of the City's Drainage Design Manual. Either subregional facilities shall be constructed with the first phase of development or interim (on-site) drainage control shall be constructed. Interim facilities can be abandoned once regional facilities are available. The applicant shall submit a detention system plan to the Director of Public Works for review and approval. The detention Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 16 basins shall be designed to comply with applicable City drainage design standards and at a minimum have the following features: • Each basin should include an outlet structure to allow the basin to drain completely within 48 hours. The amount of outflow can be regulated with a fixed outfall structure. Such a structure must include an outfall pipe of a size and length that will give positive control on the outfall head. The principal outlet regulates the design discharge from the watershed above at a water level in the basin that does not exceed a certain maximum elevation. • Regional, or larger on-site facilities can pose significant hazards to public safety in the event of failure. In addition to the outlet control structure, an emergency overflow spillway (secondary overflow) must be provided. This spillway must satisfy the following requirements: — The spillway must be designed to pass the 100 -year design storm event if the outlet works fail or if a runoff event exceeds the design event. The spillway design will be based on peak runoff rates for developed site conditions, assuming that the basins fill to the crest of the spillway prior to the beginning of the design event. — The spillway must be located so overflow is conveyed safely to the downstream channel. • Each basin shall be designed with an emergency spillway that can pass the 100 - year storm event with 2 -foot freeboard between the design water surface elevation and the top of the embankment. At a minimum, the basin must contain the 10 -year flow without release to emergency spillway. If flows over the emergency spillway do occur, provisions must be made or be in place that will convey such flows safely. • The design volume of the basin must be sized to include the capacity for a five (5) year accumulation of sediment. Generally, the basin should be cleared out when it is half -full, as determined on a marked staff in the bottom of the basin, or a mark on a riser pipe. The amount of potential sedimentation in the basin shall be determined by a Soils Engineer or Hydrologist, using the procedures such as those outlined in the Association of Bay Area Government's (ABAG) Manual of Standards for Erosion and Sediment Control (May 1995) or as approved by the City Engineer or County Public Works Director. • The basin and its outfall must be sized so that approximately 85% of the total stormwater storage, excluding sediment storage in the basin, can be recovered within twenty-four hours of the peak inflow. A basin overflow system must provide controlled discharge (emergency spillway) for the 100 -year design event without overtopping the basin embankment and maintain adequate freeboard. The design must provide controlled discharge directly into the downstream conveyance system or safe drainage way. The principal outlet must be able to drain the detention facility within 48 hours of the end of the 100 -year storm by gravity flow through the principal outlet. • Any detention basin design must be accompanied by a soils report. This report should address allowable safe basin slopes with respect to liquefaction, rapid draw down, wave action and so forth. Additionally, the report should also address sedimentation transport from areas above the basin and allowable bearing pressures where structures are to be placed. The soils report must address the level of the water table and the effects of the basin excavation on the water table. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 17 D -4(b) Final Drainage Detention System Verification. Final detention basin system designs for project -specific EIRs within the Orcutt Plan Area shall be submitted to the Public Works Department. Per the Wastewater Management Plan, the project shall not cause more than a 5% increase of peak run off rates for the 2-, 50-, and 100 -year 24-hour storm event. Final basin designs shall provide stage -storage -outflow curves and outfall structure details for all detention basins. The San Luis Obispo SLO/Zone 9 HEC -HMS hydrology model may be used to model final detention basin system cumulative downstream impacts should specific projects propose substantial changes to conceptual design, at the discretion of the City Engineer. D -5(a) Biofilters. 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. A preferred alternative to concrete drainage swales to transport the runoff to roadside ditches, these swales shall be lined with grass or appropriate vegetation to encourage the biofiltration of sediment, phosphorus, trace metals, and petroleum from runoff prior to discharge into the formal drainage network. General design guidelines relevant to optimizing the pollutant removal mechanisms of grassed swales are: 1) a dense, uniform growth of fine -stemmed herbaceous plants for optimal filtering of pollutants; 2) vegetation that is tolerant to the water, climatological, and soil conditions of the project site is preferred; 3) grassed swales that maximize water contact with the vegetation and soil surface have the potential to substantially improve removal rates, particularly of soluble pollutants; and 4) pollutant removal efficiency is increased as the flow path length is increased. General maintenance guidelines for biofilters are discussed in Mitigation Measure D -5(b). A Best Management Practice (BMP) filter device shall be installed to intercept water flowing off of proposed parking lot and roadway surfaces. Water quality BMPs shall be those identified in the California Stormwater Quality association's BMP handbook. Whenever feasible, the preferred approach to treating surface runoff will be the use of drainage swales rather than mechanical devices. The chosen method for treating runoff shall be a proven and documented pollution prevention technology device that removes oil and sediment from stormwater runoff, and retains the contaminants for safe and easy removal. The chosen device shall possess design features to prevent resuspension of previously collected contaminants and materials, and contain a built-in diversion structure to divert intense runoff events and prevent scouring of the previously collected sediments. The filter devices shall be designed and sized to treat the run off from the first 25 mm (1 inch) of rainfall. The storm water quality system must be reviewed and approved by the City Director of Public Works. D -5(b) SWPPP Maintenance Guidelines. Prior to issuance of the first grading permit or approval of improvement plans, the applicant shall submit to the Director of Community Development and Director of Public Works for review and approval a long-term storm water pollution prevention plan (SWPPP) to protect storm water quality after the construction period. The SWPPP shall include the following additional BMPs to protect storm water quality: • Proper maintenance of parking lots and other paved areas can eliminate the majority of litter and debris washing into storm drains and thus entering local waterways. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 18 Regular sweeping is a simple and effective BMP aimed at reducing the amount of litter in storm drain inlets (to prevent clogging) and public waterways (for water quality). The project applicant shall enter into an agreement with the City of San Luis Obispo to ensure this maintenance is completed prior to approval of improvement plans or final maps. • Proper maintenance of biofilters is essential to maintain functionality. The maintenance of biofilters on the project site will be the responsibility of a homeowner's association for the proposed project. Biofilter maintenance would include: 1) Regular mowing to promote growth and increase density and pollutant uptake (vegetative height should be no more than 8 inches, cuttings must be promptly removed and properly disposed of); 2) Removal of sediments during summer months when they build up to 6 inches at any spot, cover biofilter vegetation, or otherwise interfere with biofilter operation; and 3) Reseeding of biofilters as necessary, whenever maintenance or natural processes create bare spots. • Proper maintenance of detention basins is necessary to ensure their effectiveness at preventing downstream drainage problems and promoting water quality. Necessary detention basin maintenance includes: 1) regular inspection during the wet season for sediment buildup and clogging of inlets and outlets; 2) regular (approximately every 2-3 years) removal of basin sediment; and 3) if an open detention basin is used, mowing and maintenance of basin vegetation (replant or reseed) as necessary to control erosion. A maintenance plan must be developed and provided along with the design documents. Long-term detention basin maintenance plans must clearly delineate and assign maintenance and monitoring responsibilities for local and regional detention basins. Maintenance reports shall be submitted annually to City's Public Works Department. • For basins greater than 5,000 m3 (4 ac -ft) storage (i.e. the Upper Fork regional detention basin), vehicular access for maintenance of the basin and outlet works, removal of sediment, and removal of floating objects during all weather conditions must be provided. An access road must be provided to the basin floor of all detention facilities. This road must have a minimum width of 3.7 in (12 ft) and a maximum grade of 20%. Turnarounds at the control structure and the bottom of the basin must have a 12-m (40 -ft) minimum outside turning radius. • The applicant shall prepare informational literature and guidance on residential BMPs to minimize pollutant contributions from the proposed development. This information shall be distributed to all residences at the project site. At a minimum, the information should cover: 1) general information on biofilters and detention basins for residents concerning their purpose and importance of keeping them free of yard cuttings and leaf litter; 2) proper disposal of household and commercial chemicals; 3) proper use of landscaping chemicals; 4) clean-up and appropriate disposal of yard cuttings and leaf litter; and 5) prohibition of any washing and dumping of materials and chemicals into storm drains. • The stormwater BMP devices shall be inspected, cleaned and maintained in accordance with the manufacturer's maintenance specifications. The devices shall be cleaned prior to the onset of the rainy season (i.e. November 1st) and immediately after the end of the rainy season (i.e. May 1 st). All devices will be checked after major storm events. The results of the inspection and maintenance report shall be submitted to the City of San Luis Obispo Public Works Department. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 19 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 -5(d) Low Impact Development Practices. In addition to the low impact development (LID) practices described in the above measures, the Specific Plan shall incorporate the following as requirements of future development within the area, to the extent appropriate for type and location of development: • Reduced and disconnected impervious surfaces • Preservation of native vegetation where feasible • Use of tree boxes to capture and infiltrate street runoff • Roof leader flows shall be directed to planter boxes and other vegetated areas • Soil amendments shall be utilized in landscaped areas to improve infiltration rates of clay soils. • Incorporate rain gardens into landscape design These LID practices shall be utilized wherever feasible and appropriate to ensure that the pre -development stormwater runoff volume and pre -development peak runoff discharge rate are maintained, and that the flow frequency and duration of post development conditions are identical (to the extent feasible) to those of pre -development conditions. LID practices are subject to the review and approval of the Regional Water Quality Control Board, as part of the City's National Pollution Discharge Elimination System Permit compliance. D -1(a, b), D -2(a, c), D -4(a -b), D -5(a -d) Monitoring Program: Mitigation measures shall be shown on grading and construction plans. 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. Compliance will be verified by the City Public Works Department in consultation with the Natural Resources Manager. GEOLOGY AND SOILS MITIGATION G -2(a) Geotechnical Study Parameters. As stated in Program 3.4.1.a. of the proposed Specific Plan, a geotechnical study shall be prepared by a State -registered engineering geologist for the project site prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials according to the most current liquefaction analysis procedures. This study shall also: • evaluate the potential for soil settlement beneath the project site; • evaluate the potential for expansive soils beneath the project site; and • assess the stability of all slopes in the areas where construction is to occur. This evaluation shall determine the potential for adverse soil stability and discuss appropriate mitigation techniques. Appropriate setbacks from unstable slopes and areas below potential rockfall zones shall be implemented. No development of residential structures is to occur in areas where rockfall hazards could damage buildings. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 20 The following suitable measures to reduce liquefaction impacts could include but need not be limited to: • specialized design of foundations by a structural engineer; • removal or treatment of liquefiable soils to reduce the potential for liquefaction; • drainage to lower the groundwater table to below the level of liquefiable soil; • in-situ densification of soils or other alterations to the ground characteristics; or • other alterations to the ground characteristics. G -3(a) Soil Settlement Engineering. If the project site is identified to be in a high potential for settlement zone (through the Geotechnical Study required in Mitigation Measure G -2(a)) the building foundations, transportation infrastructure and subgrades shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the condition. Suitable measures to reduce settlement impacts could include but need not be limited to: ■ excavation and recompaction of on-site or imported soils; ■ treatment of existing soils by mixing a chemical grout into the soils prior to recompaction; or • foundation design that can accommodate certain amounts of differential settlement such as posttensional slab and/or ribbed foundations designed in accordance with Chapter 18, Division III of the Uniform Building Code(UBC). G -4(a) Expansive Soils Grading. If the project site is identified as having expansive soils (through the Geotechnical Study required in Mitigation Measure G -2(a)), the foundations and transportation infrastructure shall be designed by a structural engineer to withstand the existing conditions, or the site shall be graded in such a manner as to address the condition. Suitable measures to reduce impacts from expansive soils could include but need not be limited to: • excavation of existing soils and importation of non -expansive soils; and ■ foundation design to accommodate certain amounts of differential expansion such as posttensional slab and/or ribbed foundations designed in accordance with Chapter 18, Division III of the UBC. G -2(a), G -3(a), G -4(a) Monitoring Program: City Engineering staff and building inspectors. Development Director. NOISE MITIGATION Monitoring will include review and approval by Compliance will be verified by the Community 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 Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 21 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. Compliance will be verified by the Community Development Director. PUBLIC SAFETY MITIGATION S -2(b) Disclosure. Prior to recordation of final map, the applicant shall develop Covenants, Codes, and Restrictions (CC&Rs) that disclose to potential buyers or leasers that aircraft over -flights occur, and that such flights may result in safety hazard impacts should an aircraft accident occur. In addition, prior to recordation of final map, avigation easements shall be recorded over the entire project site for the benefit of the SLO County Regional Airport. 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. PUBLIC SERVICES MITIGATION PS -2(a) Road Widths, Fire Hydrants. Road widths and internal circulation, as well as the placement of fire hydrants, shall be designed with the guidance of the Fire Department. A road system that allows unhindered Fire Department access and maneuvering during emergencies shall be provided. The San Luis Obispo Fire Department shall review all improvement plans for proposed development in the Orcutt Area to ensure compliance with City standards and the Uniform Fire Code. PS -2(b) Non-combustible exteriors. Buildings that are in areas of moderate fire hazard and which are close to areas of high or extreme fire hazard shall have non-combustible exteriors. PS -2(c) Defensible Space. Accessible space free of highly combustible vegetation and materials shall be provided in the area 30 feet around all structures located within the moderate wildland fire hazard areas. PS -3(a) Buildout Date Notification. The applicant shall notify the San Luis Coastal Unified School District of the expected buildout date of each phase of the project to allow the District time to plan in advance for new students. PS -3(b) Statutory School Fees. The applicant shall pay the statutory school fees in effect at the time of issuance of building permits to the appropriate school districts. PS -2(a -c) and PS -3(a -b) Monitoring Program: Requirements shall be clearly noted on all plans for project grading and construction, to be verified by the City Fire Marshal and Community Development Department. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 22 TRANSPORTATION AND CIRCULATION MITIGATION TR -1 Prior to issuance of grading and construction permits, the applicant shall submit plans showing the construction of a "Pork chop " island at the intersection of "I" Street and "B" Street", which would restrict this intersection to right -turn -in and right -turn -out movements. The plan shall be reviewed and approved by the City Public Works Department. TR -1 Monitoring Program: Requirements shall be clearly noted on all plans for project grading and construction, to be verified by the City Public Works Department. UTILITIES AND SERVICES MITIGATION USS -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 issuance of any building permits for any of the residential and/or commercial uses. USS -1 Monitoring Program: Compliance will be reviewed and implemented by the City Engineer' s office with the subdivision plans and shall be completed prior to issuance of any building permits for Tract 3095. SECTION 2. Vesting Tract Map Approval with Findings & Conditions. The Planning Commission does hereby recommend the City Council approve application SBDV/ER-2586-2016 (VTM #3095, "Imel Ranch"), a vesting tentative tract map to create up to 23 residential, drainage, and open space lots, based on the following findings, and subject to the following conditions being incorporated into the project. Findinils: As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's residential housing inventory, results in parcels that meet minimum density standards, and will be consistent with the density, lot sizes and project amenities established by the Orcutt Area Specific Plan (GASP). 2. The site is physically suited for the type and density of development allowed in the C/OS-SP, and R-1 zoning districts. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 23 3. The design of the vesting tentative tract map 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, since further development or redevelopment of the proposed parcels will occur consistent with VTM #3095 and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, and standards. 4. As conditioned, the design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision, and the project is consistent with the pattern of development prescribed in the Orcutt Area Specific Plan. 5. The proposed project will provide affordable housing consistent with the intent of California Government Code §65915, and in compliance with City policies and the Housing Element. 6. The tentative map, as conditioned, will comply with all environmental mitigation measures prescribed herein, and therefore is consistent with the California Environmental Quality Act, the OASP Final EIR, and the Initial Study -Mitigated Negative Declaration (IS -MND). 7. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. Road _Design Exception and Rear Yard Setback Exception, Required Finding's as Required by Subdivision Regulations Section 16.23.020: 8. The property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of the regulations codified in the City Subdivision Regulations and the Orcutt Area Specific Plan, specifically related to the design of "B Street" and "I Street", and rear yard setbacks on Lots 6, 8, 9 and 10. 9. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification to the design of "B Street" and "I Street", and rear yard setbacks on Lots 6, 8, 9, and 10. 10. The modifications will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. 11. Granting the modifications is in accord with the intent and purposes of these regulations, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. Creek Setback Exception, Required Findings as Required by Zoning Regulations Section 17.16.025.G.4.d Discretionary Exceptions: Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 24 12. The placement of drainage and stormwater features, bridge crossing, five-foot wide pedestrian trail, and temporary grading and restoration within the creek setback satisfies each of the following required findings: a. The location and design of the feature receiving the creek setback exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement, as the features would comply with OASP policies Policy 2.2.6, which states that the on-site drainage detention areas be designed to support wetlands characteristics they may provide aesthetic, habitat and flood control benefits, and restoration of the creek corridor is required as part of the project; b. The exception will not limit the city's design options for providing flood control measures that are needed to achieve adopted city flood policies because the features will be designed considering the potential for flooding; c. The exception will not prevent the implementation of city -adopted plans, nor increase the adverse environmental effects of implementing such plans, as the project is consistent with the OASP and incorporates all mitigation adopted with the certification of the OASP Final Environmental Impact Report; d. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning, as site is constrained by internal circulation requirements and two creeks that traverse the site, and the OASP (Figure 6.3 Drainage Plan) calls for the project site (Imel Ranch) to accommodate a new individual detention basin and separately mitigating drainage, and the OASP assumed pedestrian trails may be located within identified creek setbacks, and no residential building pads are located within the creek setback; e. The exception will not constitute a grant of special privilege —an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning, as the features would serve the public benefit by providing drainage and stormwater management and public access; f. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; g. Based on the design of proposed drainage and stormwater features, site development cannot be accomplished with a redesign of the project; h. Redesign of the project would deny the property owner reasonable use of the property as described in the OASP. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 25 Use Permit Findings Allowing Height Exception as Required by Zoning Regulations Section 17.16.040 (Height) and 17.58.040 (Findings to Grant a Use Permit): 13. The proposed height exception will not be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity, as the additional height above 25 feet is limited to five feet (for a total of 30 feet) and would not adversely affect views of Righetti Hill. Conditions: Dedications and Easements Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, slope banks, construction, public and private streets, pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior to or concurrent with the map, unless a deferral is requested by the subdivider and granted by the City. Said easements may be provided for in part or in total as blanket easements. 2. The final map and improvement plans shall show the extent of all on-site and off-site offers of dedication. Subdivision improvement plans and or preliminary designs may be required for any deferred improvements so that dedication limits can be established. These improvements may include but are not limited to road construction and widening, grading and drainage improvements, utility easements, bridges, bike bridges, transit stops, bikeways, pedestrian paths, signalized intersections, traffic circles, and roundabouts. 3. Access rights shall be dedicated to the City along Orcutt Road except at approved driveway locations and intersections as shown on the tentative map or as otherwise approved by the city. 4. The subdivider shall dedicate a 10' wide street tree easement and 6' public utility easement (P.U.E.) across the frontage of each lot. Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. A 10' street tree easement and 15' P.U.E. shall be provided along the Orcutt Road frontage (tract boundary). 5. The subdivider shall dedicate any public Open Space lots in fee to the City in conjunction with or prior to map recordation. If applicable, the land shall be granted free and clear of all encumbrances to the satisfaction of the City. Unless otherwise amended by the City, Lot 21 shall be a dedicated to the public and lots 19, 20, 22, and 23 shall be private for maintenance by the HOA. 6. The subdivider shall include a separate offer of dedication for all sections of the Orcutt Area Specific Plan (GASP) Street B located outside the phase boundary, but within the tract boundary in accordance with the tentative map street alignments and map conditions in conjunction with or prior to map recordation. The developer shall include the offers of dedication for the Orcutt Road widening improvements in conjunction with or prior to map Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 26 recordation. The developer shall include any other out-of-phase offers of dedication related to the need for public utility extensions related to orderly development of the OASP where not otherwise located within a public street. 7. All private improvements shall be owned and maintained by the individual property owners or the Homeowner's Association (HOA) as applicable. Private improvements include but are not limited to private pedestrian/bike paths, private open space/creek corridors, drainage systems, detention basin(s), landscape, landscape irrigation, common areas, pocket parks, and linear park improvements. 8. The private open space and detention basin Lots 19 20, 22, and 23 along with the proposed improvements, including but not limited to trails, walls, fences, drainage improvements, landscaping, and landscape irrigation shall be owned and maintained by the HOA. Private Open Space easements shall be shown and noted on the final map. A creek maintenance easement and agreement shall be provided for specific private open corridors in a format approved by the City. The easement agreement shall include provisions to allow for city maintenance if necessary. 9. A wildland fuel management/reduction zone along with any required easements and/or zone limits shall be shown and noted on the final map and improvement plans for reference. The limits of the zone shall be in accordance with the adopted Fire Code and approved to the satisfaction of the City Fire Chief and City Natural Resources Manager. The HOA shall be responsible for wildland fuel management and weed abatement within the established fuel reduction zone(s) and private open space areas. 10. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may need to be recorded in conjunction with the Final Map to clarify development restrictions, conditions of development, and references to any pertinent conditions of approval related to infrastructure phasing. 11. Off-site easements and/or dedications may be required to facilitate through street access and public water and sewer main extensions beyond the tract boundary and in accordance with the GASP. Looped water mains may be required in accordance with the tentative map, development phasing, and the City water model to provide adequate service and compliance with adopted codes and standards. 12. Off-site dedication/acquisition of property for this public right-of-way purpose is necessary to facilitate orderly development and the anticipated OASP improvements. The subdivider shall work with the City and the land owner(s) to acquire the necessary rights-of-way. In the event the subdivider is unable to acquire said rights-of-way, the City Council may consider lending the subdivider its powers of condemnation to acquire the off-site right-of-way dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall agree to pay all costs associated with the off-site right-of-way acquisition (including attorney fees and court costs). Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 27 13. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider shall either: a. Clearly demonstrate their right to construct the improvements by showing title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary. subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California; ii. Preliminary title report including chain of title and litigation guarantee; iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so; iv. Copies of all written correspondence with off-site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. v. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. Transportation 14. Fire Department access shall be provided for each construction phase to the satisfaction of the Fire Chief. Phased street construction shall consider and provide suitable Fire Department hydrant access, circulation routes, passing lanes, and turn -around areas in Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 28 accordance with current codes and standards. Building permits for combustible construction may be withheld until adequate services and access are provided. 15. All public streets shall conform to City Engineering Standards including curb, gutter, sidewalk, driveway approaches, and curb ramps. 16. The improvement plans shall include all final line -of -sight analysis at certain intersections to the satisfaction of the Public Works Department. Fence heights and plantings in the areas of control shall be reviewed in conjunction with the analysis. A separate recorded agreement or Notice of Requirements for private property owner or HOA maintenance of sight lines may be required. 17. The public improvement plans shall include full frontage improvements on Orcutt Road from B Street to the edge of Tract 3095. The plans shall show all improvements including concrete curb, gutter, and sidewalk per City Engineering Standards and previous entitlements to the satisfaction of the Public Works Department. Lane configurations and transitions for improvements along Orcutt Road and/or any phased approach for access prior to the full development of Orcutt Road, shall be approved to the satisfaction of the Public Works Department. 18. The east side of Orcutt Road where widening is proposed or required may terminate in an AC berm to match the existing adjoining road sections per City Engineering Standards or the appropriate County rural road standards where approved by the City Engineer. The Orcutt Road plans shall include all phases of construction including road widening, storm drain improvements, culvert extensions, grading/walls, and any water quality BMPs. Some off-site dedication of property for public right-of-way purposes may be required to facilitate the Orcutt Road improvements and transitions between the OASP full build -out road section and adjoining road segments beyond the tract boundaries. 19. The Orcutt Road improvements from B Street to the edge of Tract frontage along with any transition lanes, shall be constructed as a condition of this map unless a deferral is requested by the subdivider and granted by the City. Improvement Plans 20. Improvement plans for the entire subdivision, including any off-site improvements shall be approved to the satisfaction of the Public Works Department, Utilities Department, and Fire Department prior to map recordation. Off-site improvements may include but are not limited to roadways, sewer mains, water mains, and storm drain improvements. 21. A separate demolition permit will be required from the Building Division for the removal of any existing structures and related infrastructure. Building removals are subject to the Building Demolition Regulations including the additional notification and timing requirements for any structure over 50 -years old. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 29 22. The improvement plans shall clearly show all existing structures, site improvements, utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any pertinent off-site water well and private waste disposal systems that are located within regulated distances to the proposed drainage and utility improvements. The plan shall include the proposed disposition of the improvements and any proposed phasing of the removal and demolition. All structures and utilities affected by the proposed lot lines shall be removed and receive final inspection approvals prior to map recordation. 23. Unless otherwise approved by the City Engineer, the construction of the new public street shall be phased per City Engineering Standard #7110. The engineer of record shall detail this requirement for phased street construction in the public improvement plans to the satisfaction of the City Engineer. 24. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval. A truck circulation plan and construction management and staging plan shall be included with the improvement plan submittal. General truck routes shall be submitted for review and acceptance by the City. The engineer of record shall provide a summary of the extent of cut and fill with estimates on the yards of import and export material. The summary shall include rough grading, utility trench construction, road construction, AC paving, concrete delivery, and vertical construction loading estimates on the existing public roadways. Unless otherwise waived by the City Engineer, the developer shall either; 1) complete roadway deflection testing before and after construction to the satisfaction of the City Engineer and shall complete repairs to the pre - construction condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall propose a pavement repair/replacement program to the satisfaction of the City Engineer prior to acceptance of the subdivision improvements. 25. Retaining wall and/or retaining wall/fence combinations along property lines shall be approved to the satisfaction of the Planning Division and shall conform with the zoning regulations for allowed combined heights or shall be approved through the ARC or separate Fence Height exception process. 26. The ARC plans and public improvement plans shall show the location of the proposed mail receptacles or mail box units (MBUs) to the satisfaction of the Post Master and the City Engineer. Provide a mailbox unit or multiple units to serve all dwelling units within this development as required by the Post Master. MBUs shall not be located within the public right-of-way or public sidewalk area unless specifically approved by the City Engineer. Contact the Post Master at 543-2605 to establish any recommendations regarding the number, size, location, and placement for any MBUs. 27. Street trees are required as a condition of development. Tree species and planting requirements shall be in accordance with City Engineering Standards. Street trees shall generally be planted at the rate of one 15 -gallon street tree for each 35 lineal feet of property frontage. The subdivision improvement plans/landscape plans shall also include street tree plantings along the Orcutt Road frontages of Lots 14, 15, 16, 17, 18, and 23. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 30 28. The subdivision/public improvement plans shall clearly show and label all existing trees to remain and trees to be removed. The plan may include generic information on the limits of tree removals but shall clearly identify the diameter, species, and location of the trees to remain. 29. A separate tree preservation plan shall be prepared by a certified arborist and shall be approved by the City Arborist, Planning Division, and Public Works Department prior to commencing with demolition, grading, or subdivision improvements. Tree preservation measures shall be shown and noted on all plans. Some tree preservation measures may need to be implemented and inspected prior to permit issuance and/or plan approvals. 30. The existing Sycamore tree located on Lot 21 shall be preserved unless otherwise determined to be impractical by the Public Works and Community Development Directors. The road and utility improvement plans, alignments, methods, and materials shall be reasonably adjusted to support the tree preservation efforts. A separate tree preservation surety shall be provided based on standard tree valuation calculations to be approved by the City Arborist. Utilities 31. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each lot to the satisfaction of the Public Works Department and serving utility companies. All public and private sewer mains shall be shown on the public improvement plans and shall be constructed per City Engineering Standards unless a waiver or alternate standard is otherwise approved by the City. The plans shall clearly delineate and distinguish the difference between public and private improvements. 32. City recycled water or another non -potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City's Utilities Department. Recycled water is readily available near the intersection of Tank Farm Road and Orcutt Road. 33. Final grades and alignments of all public and/or private water, sewer and storm drains shall be approved to the satisfaction of the Public Works Director and Utilities Department. The final location, configuration, and sizing of service laterals and meters shall be approved in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 34. Unless otherwise approved by the City Engineer and Utilities Engineer, the public sewer main extension from Street I through open space Lot 21 to the future park shall be limited to a single main. Final line and grade shall be approved by the City prior to submittal of the subdivision improvement plans and shall consider function, maintenance, stability, and tree preservations. 35. The improvement plans shall show the location of all domestic and landscape water meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations may be Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 31 required to justify service and meter sizing. Water impact fees related to the irrigation water meter(s) shall be paid prior to approval of the subdivision improvement plans for each pertinent map and/or construction phase. 36. Off-site utility improvements shall include the water main upgrade/replacement and extension from the High Pressure/Bishop pressure zone at the intersection of Tanglewood/Johnson Avenue to serve the subdivision. Pipe sizing is contingent upon the modeling for the proposed development phases and looping of the main. Improvement plans may be required to clarify the design for main extensions. Pressure regulating valves, control valves, or other appurtenances may be required by the Utilities Department as a part of the required water system improvements to be certain that the new area interacts properly with the existing water system. 37. A reimbursement request, if proposed for the off-site water main upgrade, shall include all pertinent details and analysis in accordance with City and State codes and ordinances and shall be presented separately to the City Council. 38. A final sewer report and supporting documentation for the OASP public sewer main design may be required prior to approval of the public improvement plans. Said report shall consider prior entitlements. 39. The depth of the off-site and on-site sewer mains shall be approved to the satisfaction of the Utilities Director. The depth analysis shall consider the balance between the possible extent of the gravity sewer basin needed to serve the other GASP properties and the long-term public maintenance requirements related to sewer depth. 40. The public improvement plan submittal shall show all existing and proposed overhead wire utilities. Any existing overhead wiring within the tract boundary and adjoining Orcutt Road frontage shall be undergrounded in conjunction with the subdivision improvements. Unless otherwise specifically approved, pole relocation in lieu of undergrounding is not supported. 41. Terminal end utility poles shall be located off-site unless otherwise approved by the City. Preliminary undergrounding plans for the entire subdivision shall be processed through PGE and any respective wire utility companies with approval by the City in conjunction with the approval of the subdivision improvement plans. 42. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all public streets including Orcutt Road per City Engineering Standards. 43. Private street lighting shall be provided along the private streets per OASP lighting requirements, City Engineering Standard and/or as approved in conjunction with the final ARC approvals. 44. Lighting fixtures, including public streetlights shall not exceed 16' in height in accordance with the OASP unless otherwise required for traffic safety. The developer shall submit a Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 32 streetlight proposal for approval by the City Engineer for any public streetlights. Street lights associated with the Orcutt Road improvements shall comply with the Highway Design Manual and City Engineering Standards. 45. Recycled water mains shall be extended from Tank Farm Road in coordination with other development in the OASP for irrigation of common area landscaping, streetscape, and any irrigated park or open space areas. Applicant shall work with the Water Division of the City's Utilities Department to determine the appropriate size of all proposed recycled water mains. 46. A reimbursement request, if proposed for the off-site potable and recycled water main improvements shall include all pertinent details and analysis in accordance with City and State codes and ordinances and shall be presented separately to the City Council. 47. Irrigation systems using recycled water shall be designed and operated as described consistent with the City's Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. Three sets of irrigation plans shall be submitted to the Building Department for review during the City's building permit review process. 48. Final alignment of all water and sewer mains to be approved by the Utilities Department. 49. The project's Landscape Plan shall be consistent with provisions of the City's declared drought emergency (estimated total water use (ETWU) cannot exceed 50 percent of maximum applied water allowance or (MAWA)). 50. Potable city water shall not be used for major construction activities, such as grading and dust control, as required under Prohibited Water Uses; Chapter 17.07.070.0 of the City's Municipal Code. Recycled water is available through the City's Construction Water Permit program. Information on the program is available at: http://www.slocity.org/home/showdocument?id=5909 Grading, Drainage & Stormwater 51. Any permit approvals required from the Army Corps of Engineers, California Department of Fish and Wildlife, or the Regional Water Quality Control Board shall be secured and presented to the City prior to the approval of any subdivision grading and/or improvements related to the proposed phase of construction. The engineer of record shall review the permit approvals and any specific permit conditions for compliance with the plans, subdivision improvement designs, drainage system design/report, and soils report. The engineer of record shall forward the permits to the City with a notation that the permits have been reviewed and are in general conformance with the design of the improvements. 52. The public improvement plans submittal shall clarify how the creek corridors, and riparian habitat areas will be preserved to the satisfaction of the Natural Resources Manager. Include any specific details for the proposed creek crossings in accordance with any preservation strategies, mitigation measures, and higher governmental authority agency permits. Sensitive Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 33 areas shall be staked, fenced, or otherwise delineated and protected prior to commencing with construction, grading, or grubbing. 53. Expansion index testing or other soils analysis may be required on a lot -by -lot basis for all graded pads and for in-situ soils on natural lots in accordance with the current Building Codes or where deemed necessary by the City Engineer or Building Official. 54. Final pad certifications shall include the certification of pad construction and elevations. The soils engineer shall certify all grading prior to acceptance of the public improvements and/or prior to building permit issuance. The certification shall indicate that the graded pads are suitable for their intended use. 55. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches, drainage collection devices, and drainage piping may be required. The public improvement plans and final map shall reflect any additional improvements and private easements necessary for slope protection and maintenance. Unless otherwise approved for public maintenance by the City Engineer, brow ditches and drainage collection devices upslope of building sites shall be maintained by the HOA. 56. The subdivision improvement plans shall include a complete grading plan to show site accessibility in accordance with State and Federal regulations for all public and/or private roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where applicable. The submittal shall provide additional analysis if site accessibility will not be provided and for any feature or element where accessibility is purportedly not required. The accessibility regulations or guidelines in effect at the time of subdivision improvement construction will be applied. 57. The subdivision improvement plans, grading plans, drainage plans, and drainage reports shall show and note compliance with City Codes, Standards and Ordinances, Floodplain Management Regulations, OASP stormwater provisions, Waterways Management Plan Drainage Design Manual, and the Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board, whichever pertinent sections are more restrictive. 58. The improvement plan submittal shall include a complete grading, drainage, and erosion control plan. The proposed grading shall consider the proposed construction phasing. Historic off-site and upslope watersheds tributary to the area of phased construction shall be considered. Run-on from adjoining developed or undeveloped parcels shall be considered. 59. The calculated 100 -year flood limits shall be shown and noted on the improvement plans and an additional final map sheet for reference. The drainage report and final plans shall clarify the 100 -year flood elevations, clearances, and freeboard at all new vehicle bridge, pedestrian bridge, and pipe bridge crossings of the creek corridors. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 34 60. The engineer of record shall provide a digital copy of the final HEC -RAS modeling to the City in accordance with Section 4.0 of the Waterways Management Plan Drainage Design Manual. 61. The developer shall prepare an Operations and Maintenance Manual for review and approval by the City in conjunction with the development of any stormwater BMPs that will be maintained by the HOA or by the respective private property owner. A Private Stormwater Conveyance Agreement shall be recorded in a format provided by the City prior to final inspection approvals and acceptance of subdivision improvements. 62. The subdivider/developer shall provide notification to private property owners regarding any individual maintenance responsibility of backyard stormwater BMPs in accordance with Section E.2 of the Regional Water Quality Control Board (RWQCB) Resolution R3-2013- 0032. The notification may be by Notice of Requirements or other method acceptable to the City. 63. The stormwater improvements other than City Standard public storm drain infrastructure shall be maintained by the HOA. A separate encroachment/hold harmless agreement may be required in conjunction with certain improvements proposed for location within the public rights-of-way. 64. The final details for the proposed bioretention and private stormwater management facilities along with any improvements located within the public right-of-way shall be approved to the satisfaction of the City. The project soils engineer shall review and provide recommendations on the proposed site constructed and/or proprietary retention systems. Analysis of impacts to the public improvements, protection of utilities, and methods to minimize piping and protection of private properties shall be addressed in the final analysis. 65. The proposed detention basin and any pre -basin shall be designed in accordance with the OASP requirements and the Waterways Management Plan Drainage Design Manual. The proposed surface runoff and drainage from the detention basin(s) shall include a non-erosive outlet to an approved point of disposal. The outlet(s) design and location should replicate the historic drainage where feasible. Any off-site detention basin, temporary basin, or other drainage improvements shall be approved by the City. Any required or proposed off-site grading or drainage improvements shall be completed within recorded easements or under an appropriate license or other private agreement. 66. The subdivider shall submit CC&Rs with the Final Map that establishes a Homeowner's Association (HOA). The HOA shall provide for the optional automatic annexation of all other tracts in the OASP as it relates to the shared regional detention basin. The subsequent tracts may, at their sole discretion, annex to the HOA, or demonstrate to the city's satisfaction how they will provide storm drainage mitigation through their own subdivision design and HOA. The HOA shall provide for maintenance of all private common area drainage channels, on-site and/or sub -regional drainage basins, water quality treatment and conveyance improvements. The CC&Rs shall be approved by the City and shall be recorded prior to or concurrent with recordation of the Final Map. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 35 67. The naming of the local creeks and drainages shall comply with the appropriate and pertinent creek naming standards and justifications. The inclusion of the naming on the final map and/or improvement plans shall be approved by the City prior to map and/or plan approval as applicable. 68. All bridging, culverting and modifications to the existing creek channels along with any necessary clearing of existing creek and drainage channels, including tree pruning or removals, and any necessary erosion repairs shall be in compliance with the OASP, city standards and policies, the Waterways Management Plan and shall be approved by the Natural Resources Manager, Public Works Department, Army Corp of Engineers, the Regional Water Quality Control Board, and California Fish & Wildlife. 69. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the satisfaction of the City Engineer, Natural Resources Manager, and other permitting agencies. 70. The project soils engineer shall review the final grading and drainage plans and Low Impact Development (LID) improvements. The soils report shall include specific recommendations related to public improvements, site development, utility, and building pad/foundation construction related to the proposed LID improvements. The project soils engineering report shall be referenced on the final map in accordance with the Subdivision Regulations and City Engineering Standards. 71. The final plans and drainage report shall show and note compliance with City Engineering Standard 1010.B for spring or perched groundwater management and for water quality treatment of run-off from impervious streets, drive aisles, parking areas, and trash enclosures. 72. A SWPPP is required in accordance with State and local regulations. A hard copy of the SWPPP shall be provided to the City in conjunction with the Public Improvement Plan submittal and subsequent building plan submittals. The WDID number shall be included by reference on all construction plans sets. An erosion control plan shall be included with the improvement plans and all building plan submittals for demolitions, grading, and new construction. 73. The project development and grading shall comply with all air quality standards and mitigation measures. The developer shall provide written notification from the County Air Pollution Control District (APCD) regarding compliance with all local, state, and federal regulations including but not limited to the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations related to Naturally Occurring Asbestos (NOA). Planning Requirements 74. At the time of submittal of a request for a final map, the subdivider shall provide a written report detailing the methods and techniques employed for complying with all required environmental mitigation measures as adopted herein. Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 36 75. In order to be consistent with the requirements of the Orcutt Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 76. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) shall receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 77. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. Proposed refuse storage area(s) and on -site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/ or easements shall be considered in the final design. Any common storage areas shall be maintained by the HOA and shall be included in the OCR's or other property maintenance agreement accordingly. The solid waste solutions shall be shown and noted on the submittal(s) for Architectural Review Commission (ARC) approvals. 78. Prior to the issuance of building permits for residential units, the Architectural Review Commission shall review the residential building program, including building and landscape improvements, and provide comments and recommendations to the Community Development Director. Final architectural design approval authority shall be vested in the Community Development Director. 79. Prior to recordation of any phase of the final map, the applicant shall either enter into an Affordable Housing Agreement with the City or verify an Affordable Housing Agreement has already been recorded; which details proposed transfer of affordable units to other parcels, timing of construction of affordable units, and contains guarantees for failure to complete any or all affordable housing units required. 80. The invasive species Tamarisk, commonly known as Salt Cedar, shall be removed from the easterly drainage tangent to Orcutt Road, in coordination with and to the satisfaction of the Natural Resources Manager. 81. A construction phasing plan shall be submitted to the Community Development Director prior to the issuance of the first building permit. 82. The subdivider shall develop a Construction Management Plan for review and approval by the Public Works and Community Development Directors.- The plan shall be submitted prior to the issuance of a building permit for proposed project buildings and/ or a phase of buildings. In addition, the contractor or builder shall designate a person or persons to monitor the Construction Management Plan components and provide their contact names and phone numbers. The Construction Management Plan shall include at least the following items and requirements: Resolution No. PC -1002-17 SBDV/ER-2586-2016 (3777 Orcutt Road) Page 37 a. A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, directional signs for construction vehicles, and designated construction access routes. b. Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries and more intensive site work may be occurring, c. Location of construction staging areas which shall be located on the project site, for materials, equipment, and vehicles. d. Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety, and noise impacts to surrounding neighbors. e. The applicant shall ensure that the construction contractor employs the following noise reducing measures: i. Standard construction activities shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. ii. All equipment shall have sound- control devices no less effective than those provided by the manufacturer. No equipment shall have un- muffled exhaust pipes; and iii_ Stationary noise sources shall be located as far from sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent possible. f. Temporary construction fences to contain debris and material and to secure the site. g. Provisions for removal of trash generated by project construction activity. h. A process for responding to, and tracking, complaints pertaining to construction activity. i. Provisions for monitoring surface streets used for truck routes so that any damage and debris attributable to the trucks can be identified and corrected. j. Designated location(s) for construction worker parking. 83. Pursuant to Government Code § 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and /or its agents, officers and employees from any claim, action or proceeding against the City and /or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Resolution No. PC -1002-17 S13DWER-2586-2016 (3777 Orcutt Road) Page 38 84. Conditions relating to phasing and timing of infrastructure are approved as contained herein, or as approved by the Community Development and Public Works Directors during review of public improvement plans and final maps. 85. Financing and " fair share" contribution plans may be submitted for City Council review with any final map application. The City Council will have sole discretion as to any reimbursement and /or fee credit programs implemented with said final maps. 86. To the maximum extent feasible, improvement plans shall show a reduction in the steepness of the graded slopes along the eastern property edge (adjacent to Orcutt Road) and western property edge (adjacent to the future park) from 2:1 to 3:1 slopes, or less. Improvement and grading plans shall demonstrate how final graded slopes would be stabilized, landscaped, and maintained in perpetuity, which is the primary intent of this condition, to the satisfaction of the City Public Works Director and Community Development Director. On motion by Commissioner Knight, seconded by Commissioner Dandekar, and on the following roll call vote: AYES: Commissioners Bisheff, Knight, Malak, Larson, Dandekar, and Chair Stevenson NOES: None REFRAIN: None ABSENT: Vice -Chair Fowler The foregoing resolution was adopted this 25`h day of January, 2017. Doug David n, Secretary Planning Commission