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HomeMy WebLinkAboutR-10927 certifying the Final Supplemental EIR approving the addendum to the Final EIR for and approval of the revised San Luis Ranch ProjectRESOLUTION NO. 10927 (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CERTIFYING THE FINAL SUPPLEMENTAL EIR, APPROVING THE ADDENDUM TO THE FINAL EIR FOR, AND APPROVAL OF, THE REVISED SAN LUIS RANCH PROJECT, INCLUDING A SPECIFIC PLAN AMENDMENT FOR PROPERTY LOCATED AT 1035 MADONNA ROAD (SPEC/ANNX/ER-1502-2015 a.k.a. "SAN LUIS RANCH") WHEREAS, on July 18, 2017, the City Council of the City of San Luis Obispo certified a Final EIR and approved the San Luis Ranch Specific Plan a well as related entitlements including a General Plan Amendment, prezoning of the site in anticipation of annexation, Development Plan/Vesting Tentative Tract Map No. 3096, and Term Sheet; and WHEREAS, on June 28, 2018, the Planning Commission recommended that the City Council: 1) certify the Final Supplemental EIR for the revised San Luis Ranch project, affirm and modify as needed previously -adopted CEQA Findings and Statement of Overriding Considerations to allow for a proposed Specific Plan Amendment, and modify the previously -approved Mitigation Monitoring and Reporting Plan to reflect updated mitigation measures from the previously -certified Final EIR; 2) approve an amendment to the San Luis Ranch Specific Plan; and 3) approve a Development Agreement to implement the revised project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on July 17, 2018, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering SPEC/ANNX/ER-1502-2015, which includes entitlements consistent with the Planning Commission recommendation of June 28, 2018, including a Specific Plan Amendment to accommodate a revised phasing approach for a land use pattern and buildout identical to that approved on July 18, 2017; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Final SEIR, CEPA Findings. Mitigation Measures and Mitigation Monitoring and Reporting Pro am. Based upon all the evidence, the City Council hereby certifies the Final Supplemental Environmental Impact Report (SEIR), adopts an updated Mitigation Monitoring and Reporting Program, and adopts the following CEQA Findings and Mitigation Measures in support of the San Luis Ranch Project: 1. The certified San Luis Ranch Final Environmental Impact Report (FEIR), as well as the Final R 10927 Resolution No. 10927 (2018 Series) Page 2 Supplemental EIR were prepared in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing impacts associated with the proposed project; and 2. The Revised San Luis Ranch Project is consistent with the requirements of the previously - approved and certified San Luis Ranch FEIR, mitigation measures, and findings as articulated through City Council Resolution No. 10822 (2017 Series) dated July 18, 2017, as augmented by the Final Supplemental EIR based on the attached Findings and Statement of Overriding Considerations associated with the revised project, which were prepared consistent with CEQA Guidelines Sections 15091 and 15093, as detailed below, and described more fully in the attached "Findings of Fact and Statement of Overriding Considerations" document. All potentially significant effects were analyzed adequately in the referenced certified FEIR and Final SEIR, and reduced to the extent feasible, provided that all mitigation measures included in the certified Final EIR are incorporated into the project and the mitigation monitoring program, as modified or augmented through the Final SEIR, as described below. UNAL SEIR — ADDITIONAL OR MODIF1 Except as noted below, all mitigation measures included in the certified FEIR would be applicable to the revised project in their original form. All mitigation measures listed below are modified from the certified Final EIR, and supersede those in the certified FEIR, with the exception of Mitigation Measures T-I1(a), T -11(b), and T -11(c), which are new mitigation measures unique to the SEIR. Tramsi)orta(ion miligatio T -1(a) Intersection #1: Madonna Road & Los Osos Valley Road. • City optimize signal timing to accommodate increased project volumes (ongoing by City) T -1(b) Intersection #3: Madonna Road & Dalidio Drive/Prado Road. • Extend existing westbound left turn lane on Madonna Road to Dalidio Drive/Prado Road to 310' (Prior to Building Permits or Occupancy) • Install 2nd westbound 310' left turn lane on Madonna Road to Dalidio Drive/Prado Road (Prior to Building Permits or Occupancy) • Install eastbound 250' right turn pocket on Madonna Road to Dalidio Drive/Prado Road (Prior to Building Permits or Occupancy) ■ Install 2nd northbound left shared with through -lane on Prado Road/Dalidio Drive to Madonna Road (Prior to Building Permits or Occupancy) • Prohibit westbound U-turns on Madonna Road (Prior to Building Permits or Occupancy) • Provide split phase operations & optimize signal timing (Prior to Building Permits or Occupancy) R 10927 Resolution No. 10927 (2018 Series) Page 3 T -1(c) Intersection #5: Madonna Road & U.S. 101 Southbound Ramps. • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -1(d) Intersection #8: Higuera Street & South Street. • Optimize Signal Timing (ongoing by City) T -1(e) Intersection #9: Los Osos Valley Road & Froom Ranch Way. • Install dedicated 230' right turn lane on northbound Froom Ranch Way approach to Los Osos Valley Road (with Froom Ranch Way bridge construction) • Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to 110' (with Froom Ranch Way bridge construction) • Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road (with Froom Ranch Way bridge construction) T -1(f) Intersection #10: Los Osos Valley Road & Auto Park Way. • Pay Fair Share Impact fees for Signalization (Prior to Building Permits or Occupancy) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -1(g) Intersection #16: S. Higuera Street & Tank Farm Road. • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • Extend northbound right turn pocket to 230' and channelize movement (Prior to Building Permits or Occupancy) R 10927 Resolution No. 10927 (2018 Series) Page 4 T -1(h) Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way. + Install multilane roundabout control (when connection is constructed) T -1(i) Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway. • Install multilane roundabout control or restricted access (when connection is constructed) T -2(a) Intersection #1: Madonna Road & Los Osos Valley Road. + Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(b) Intersection #2: Madonna Road & Oceanaire Drive. + Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(c) Intersection #5: Madonna Road & U.S. 101 S.B Ramps. + Extend northbound Madonna Road left turn lane to 150' (Prior to Building Permits or Occupancy) T -2(d) Intersection #6: Madonna Road & U.S. 101 Northbound Ramps. • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(e) Intersection #7: Madonna Road & Higuera Street. • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(f) Intersection #9: Los Osos Valley Road & Froom Ranch Way. • Install dedicated 230' right turn lane on Los Osos Valley Road approach to northbound Froom Ranch Way (with Froom Ranch Way bridge construction) R 10927 Resolution No. 10927 (2018 Series) Page 5 • Extend right turn lane on Los Osos Valley Road approach to southbound Froom Ranch Way to 110' (with Froom Ranch Way Bridge construction) • Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road (with Froom Ranch Way bridge construction) T -2(g) Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps. • Extend off -ramp left turn pocket to 320' (Prior to Building Permits or Occupancy) T -2(h) Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(i) Intersection #14: Los Osos Valley Road & Higuera Street. • Extend eastbound right turn lane to 180' or as far a practical (Prior to Building Permits or Occupancy) T-20) Intersection #18: Prado Road & Higuera Street. • Install 2nd U.S. 101 northbound left turn lane (Prior to Building Permits or Occupancy) • Extend westbound right turn pocket to 400' (Prior to Building Permits or Occupancy) T -3(a) Segments #1- #6: Madonna Road (Los Osos Valley Road to Higuera Street) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • As part of the TDMP, fund operations and financial assessment/assistance of decreasing transit headways to 25 minutes (Prior to Building Permits or Occupancy) • Construct parallel Class I multiuse path on Madonna between Hwy 101 and Oceanaire) and Class III Sharrows on Madonna Frontage Road Between Oceanaire and Los Osos Valley Road (Prior to Building Permits or Occupancy) T -3(b) Segments #7 - #8: Higuera Street (Madonna Road to Prado Road) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share PaymentsR 10927 Resolution No. 10927 (2018 Series) Page 6 established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) ■ Pay Fair Share Costs for Construction of Class I Path Parallel to Higuera as identified in City's Bicycle Transportation Plan (Prior to Building Permits or Occupancy) T -3(c) Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera Street) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • Pay Fair Share Costs for Construction of Class I Path Parallel to Los Osos Valley Road as identified in City's Bicycle Transportation Plan (Prior to Building Permits or Occupancy) T -3(d) Segments #18 - #20: Dalidio Drive/Prado Road (Froom Ranch Way to Higuera Street) Construct parallel Class I multiuse paths (Concurrent with Construction/Widening of Prado Road along project frontages) T-5 Froom Ranch Way Bridge Timing • The Froom Ranch Way bridge connection shall be completed prior to any residential or non-residential building permits or occupancy permits. T-11(a)Northbound U.S. 101 Prado Road Off Ramp ■ Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T-11(b)Northbound U.S. 101 North of Prado Road • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) R 10927 Resolution No. 10927 (2018 Series) Page 7 T-11(c)Northbound U.S. 101 North of Madonna Road • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). * Develop a Travel Demand Management Plan consistent with Section 2.4.3 [as described below] and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The key components of a Travel Demand Management Plan would include the following: Non -Residential Trip Reduction Program Non- Residential trip reduction programs shall be targeted primarily at employees since their travel behavior is easier to influence than customers. A separate customized trip reduction should be developed for each non-residential use to maximize effectiveness and include but not be limited to the following. • A travel demand coordinator that will implement and monitor the program. The travel demand coordinator will be responsible for preparing quarterly reports to the City and working with employees to minimize automobile travel. • Participation in SLO Regional Rideshare's Commute Survey and Trip Reduction Plan program. This program is provided at no cost to the employer and results in a Trip Reduction Plan prepared by Rideshare staff. • Create an on-site bike share program open to employees and residents of the project. Monitor usage and supply bicycles as needed to accommodate demand. • Provide close -in parking reserved for carpools and vanpools. • Provide transit pass subsidies to employees. • Provide on-site bike lockers and showers, on-site bicycle repair station, and secured bicycle parking. • Work with Fun Ride and/or Zip Car to provide permanent car sharing parking spot(s) on site. Residential Trip Reduction Program • Consider unbundled parking spaces from multi -family residential units. This enables households that do not use parking spaces to save on housing costs. Offer reserved parking spaces for lease or sale to households who need them. Monitor and adjust the R 10927 Resolution No. 10927 (2018 Series) Page 8 program as needed to ensure there is no parking spillover into nearby areas. Create a bus pass subsidy program and/or shuttle bus to reduce vehicle trips. ■ Consider operations and financial assessment/assistance of decreasing transit headways to 25 minutes. ■ Provide bicycles as part of the home purchase. AQ -2(a) Fugitive Dust Control Measures. Construction projects shall implement the following dust control measures so as to reduce PMIo emissions in accordance with SLOAPCD requirements. • Reduce the amount of the disturbed area where possible; • Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water or a SLOAPCD-approved dust suppressant shall be used whenever possible, to reduce the amount of potable water used for dust control. Please note that since water use is a concern due to drought conditions, the contractor or builder shall consider the use of an APCD- approved dust suppressant where feasible to reduce the amount of water used for dust control; SECTION 2. Addendum to Final EIR. The City Council does hereby approve the Addendum to the Final Environmental Impact Report for the San Luis Ranch project based on the following findings: Subsequent to the approval of the San Luis Ranch project in July 2017, the City conducted additional analysis of traffic operations along the U.S. Highway 101 corridor in the vicinity of Prado Road as part of on-going work for the US 101/ Prado Road Interchange Project. The Study Report -Project Development Support (PSR -PDS) approved by Caltrans in April 2018 and the Project Approval — Environmental Determination (PAED) for the interchange is currently underway. This Addendum incorporates the additional analysis for inclusion in the administrative record. 2. That the Addendum was prepared for the Project in compliance with the requirements of CEQA and the CEQA Guidelines. 3. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred. 4. In connection with the Proposed Project and this City Council's review of the Addendum, this City Council has independently reviewed all of the CEQA Documents and has exercised its independent judgment in making the findings and determinations set forth herein. R 10927 Resolution No. 10927 (2018 Series) Page 9 SECTION 3. Specific Plan Amendment Approval with Findings .& Conditions. The City Council does hereby approve application SPEC/ANNX/ER-1502-2015, a Specific Plan Amendment to the adopted San Luis Ranch Specific Plan that would modify the previously -adopted phasing plan that allows up to 580 dwelling units, including an 80 -unit density bonus consistent with City requirements, based on the following findings, and subject to the conditions of approval incorporated into the Vesting Tentative Tract Map by the City Council when it approved the project on July 18, 2017, as modified below: A. Findines: 1. The project area was identified as one of three Specific Plan areas designated for development when the General Plan Land Use and Circulation Elements update were adopted by the City Council in December 2014. The San Luis Ranch Specific Plan was prepared to implement this aspect of the General Plan. 2. The previously -approved San Luis Ranch Specific Plan is consistent with policy direction for the area included in the General Plan, specifically Land Use Element Policy 8.1.4, which identifies the San Luis Ranch area as a Special Focus Area (SP -2), subject to policies for the development of a specific plan and certain broad development parameters and principles. The Specific Plan is also consistent with all other applicable General Plan policies, as described in the July 18, 2017, staff report to the City Council, and as discussed further within the Final EIR. 3. The previously -approved General Plan Amendment/Pre-Zoning allows the implementation of the San Luis Ranch Specific Plan by: • Updating the City's Land Use Map to reflect the development pattern included in the Specific Plan; • Updating the City's Circulation Map to reflect the circulation system included in the Specific Plan; • Updating the relevant portions of the General Plan to update statistical data related to land use acreage and long-term buildout potential; and • Providing the pre -zoning information needed for LAFCo to consider annexation of the site to the City, which is a prerequisite for allowing development on the site under the City's General Plan. 4. As conditioned, the design of the previously -approved Vesting Tentative Tract Map is consistent with the General Plan because it is consistent with the San Luis Ranch Specific Plan, it respects existing environmental site constraints, will add to the City's residential housing inventory, allow for appropriate non-residential development, and provides needed infrastructure and roadway improvements identified in the City's General Plan. 5. The previously -approved Specific Plan project was reviewed by various City advisory bodies, including the Architectural Review Commission, Bicycle Advisory Committee, Parks and Recreation Commission, and Cultural Heritage Committee, and incorporates input consistent with their direction. Resolution No. 10927 (2018 Series) Page 10 6. The revised project will result in an identical buildout and land use pattern as the previously - approved project, with the key difference being that the phasing and order of development would be modified. 7. The Airport Land Use Commission found both the previously -approved and revised Specific Plan project to be consistent with the adopted Airport Land Use Plan. 8. Development under the Revised San Luis Ranch Project will occur consistent with the Vesting Tentative Tract Map and the required architectural review process, which will allow for detailed review of development plans to assure compliance with City plans, policies, and standards. 9. The Revised San Luis Ranch Project will provide affordable housing consistent with the intent of California Government Code §65915, and in compliance with City policies and the Housing Element. 10. The Revised San Luis Ranch Project will comply with all environmental mitigation measures prescribed in the certified Final EIR, as modified through the Supplemental Final EIR, and therefore is consistent with the California Environmental Quality Act, as implemented through the San Luis Ranch Final EIR. B. All previously -required conditions in Council Resolution No. 10822 (2017 Series) applicable to the Vesting Tentative Tract Map would still apply to the Revised San Luis Ranch Project, except for Condition 6, which would no longer be required, and would be superseded by updated mitigation measures and provisions within the Development Agreement that relate to the timing of the Prado Road interchange. In addition, Conditions 7, 9, 10, 14, 20, 22 and 112 will be slightly modified to address the fact that the overall phasing concept has been changed. In each case, these changes would not materially affect the intent of the condition, but instead would make them more implementable in the context of the Development Agreement. No additional conditions are required. 7. Prado Road Interchange. As part of, or prior to, recordation of the final map the subdivider shall submit an irrevocable offer to dedicate to the City property necessary to construct the Prado Road Overcrossing and Southbound U.S. 101 Ramps Improvements ("the Improvements"), and all appurtenances to the satisfaction of the Public Works Director. a. Approval of this map is contingent upon the effectiveness of an ordinance approving a development agreement for the project providing mechanism(s) to fund construction and maintenance of the Improvements ("Funding Mechanism"). b. The Development Agreement required by condition 6(a) shall waive the rights of the applicant, and any future successors in interest to the applicant in the property to oppose establishment of one or more Funding Mechanisms described in the Development Agreement or the imposing of any tax, assessment, fee or charge with respect to such a Funding Mechanism. In the event that voters or property owners dissolve a Funding R 10927 Resolution No. 10927 (2018 Series) Page 11 Mechanism, a Homeowners Association will be obliged to fund any and all costs for infrastructure and/or services that the Funding Mechanism would otherwise have funded. CC&Rs establishing such a Homeowners Association shall be submitted for the reasonable approval of the City Attorney and recorded before any building permit may issue for the improvement of the Project. c. Overcrossing and NB Ramp Improvements Fee Payment. The Funding Mechanism identified in 7(b) shall be adopted as established in the Development Agreement for this project. The subdivider shall pay its fair share mitigation fees for the Prado Rd. Overcrossing and Northbound U.S. 101 Ramps Improvements as established in the Development Agreement for this project. d. SB Ramp Improvements Fee Payments. Fair share fees, for the remainder of improvements, not included in the initial Interchange construction, (future South Bound Ramps of the Prado Rd. Interchange and all appurtenances) shall be collected prior to issuance of building permits issued consistent with the provisions of the Development Agreement. 9. Enhanced Madonna Pedestrian/Bicycle Crossings. Unless otherwise approved by the Public Works Director; prior to issuance of building permits for the initial phase of residential development the subdivider shall upgrade the pedestrian crossing at Madonna and Oceanaire to include curb extensions and a pedestrian refuge island with push button signal activation. Space for Curb extensions and refuge island should be accommodated by removing frontage street parking. Unless otherwise approved by the Public Works Director; prior to issuance of building permits for the residential multi -family (NG -30) component the subdivider shall construct a "hawk" pedestrian signal and crossing at the intersection of Dogwood and Madonna interconnected with the adjacent traffic signals. 10. Dalidio/Prado & Froom a multilane roundabout shall be constructed by the subdivider at the intersection of Dalidio/Prado & Froom Ranch Way prior to the issuance of building permits. An interim single lane roundabout is permitted consistent with the provisions of the Development Agreement for this project. Prior to recordation of the final map the applicant shall complete the design of the multilane roundabout and exhaust all feasible efforts to acquire the necessary off-site dedications, easements, and agreements for construction all to the satisfaction of the Public Works Director. If the Developer cannot acquire the necessary land interests to implement this mitigation measure, the Public Works Director may authorize the Developer in writing to modify the alignment and design of the roundabout such that off- site property interests are not necessary. The Final map shall reflect lot adjustments resulting from final roundabout design. Interim all -way stop control as shown in the proposed vesting tentative map or signalization is not approved. 14. Froom Ranch Widening. Design and construction of Froom Ranch widening to its final cross section from its existing northern terminus to the intersection of Froom and Los Osos Valley Road including a continuous Class I Multiuse path along the N/W side and a HAWK signal at the Oceanaire Drive crossing shall be completed prior to issuance of building permits for R 10927 Resolution No. 10927 (2018 Series) Page 12 Phase 1 unless otherwise deferred by the Community and Public Works Department Directors. The cross section shall at a minimum include: 12' class I multi -use path with two 2' shoulders, two 6.5' bicycle lanes, two 11' travel lanes and a 10' landscaped median. 20. As specified in the Development Agreement, the subdivider shall pay its fair share mitigation costs proportional to each phase for the intersection improvements as prescribed in the project EIR (see Table 123 of Appendix L -Traffic Impact Study). 22. The final map shall be revised to include a standard "knuckle" design at the intersection of San Luis Ranch Road and Haystack Place. The knuckle will include emergency access and pedestrian and bicycle access to the proposed Ped/Bike Bridge and the residential multi- family (NG -30) component. R 10927 Resolution No. 10927 (2018 Series) Page 13 112. Agricultural Heritage Facility and Learning Center: Prior to issuance of building permits for the residential multi -family (NG -30) component, the proposed relocation and rehabilitation/reconstruction of buildings at the Agricultural Heritage Facility and Learning Center shall be completed in conformance with Mitigation Measure CR -1(a). Prior to grading or commencement of any construction activities for infrastructure or building construction, a security and protection plan shall be submitted and approved to the satisfaction of the Community Development Director. The plan shall detail methods to prevent trespassing and prevent removal of any building materials. The plan shall continue to remain in active implementation prior to development of the residential multi -family (NG -30) component, and prior to the relocation action. Upon motion of Vice Mayor Christianson, seconded by Council Member Rivoire, and on the following roll call vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of 7 '- "' " ATTEST: Teresa Purrington, City Cler OVED AS TERM: istine Mitric C,, City Attorney IN WITNESS WHEREOF, l have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this I" day of A 1 L�hhJl. Teresa Purrington, City Clerk R 10927 Resolution No. 10927 (2018 Series) Page 14 SECTION 1. ENVIRONMENTAL DETERMINATION The City Council of the City of San Luis Obispo considers and relies on the Final Supplemental Environmental Impact Report (Final SEIR; State Clearinghouse Number 2015101083) for the San Luis Ranch Specific Plan in determining to carry out the Specific Plan Amendment and Development Agreement ("Revised San Luis Ranch Specific Plan Project" or "Revised Project"). The Final SEIR consists of the Draft SEIR, responses to comments on the Draft SEIR, a list of persons and agencies commenting on the Draft SEIR, a Mitigation Monitoring and Reporting Program, and technical appendices. It also incorporates by reference the CEQA Findings of Fact and Statement of Overriding Considerations adopted for the originally approved San Luis Ranch Specific Plan ("Original Project" or "Approved Project") on July 18, 2017, which were based on the Final EIR prepared for Original Project and certified on July 18, 2017. Except where noted below, the originally adopted CEQA Findings are fully applicable to the Revised Project. The City Council has received, reviewed, considered, and relied on the information contained in the Final EIR, as well as information provided at hearings and submissions of testimony from official participating agencies, the public, and other agencies and organizations. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a lead agency to adopt findings for each significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the lead agency must find that: • Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effects identified in the Final EIR; • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by that agency; or • Specific economic, social, legal, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the mitigation measures or project alternatives identified in the Final EIR infeasible. The California Code of Regulations, Title 14, Section 15091(b) requires that the City's findings be supported by substantial evidence in the record. Accordingly, the Lead Agency's record consists of the following, which are located at the City Community Development Department office, San Luis Obispo, California: • Documentary and oral evidence, testimony and staff comments and responses received and reviewed by the Lead Agency during public review and the public hearings on the Original San Luis Ranch Project. • The City of San Luis Obispo San Luis Ranch Project Final Environmental Impact Report (certified July 18, 2017). • Documentary and oral evidence, testimony and staff comments and responses received and reviewed by the Lead Agency during public review and the public hearings on the Revised San Luis Ranch Project. • The City of San Luis Obispo San Luis Ranch Project Final Supplemental Environmental Impact Report (June 2018). R 10927 Resolution No. 10927 (2018 Series) Page 15 In addition to making a finding for each significant impact, if the lead agency approves a project without mitigating all of the significant impacts, it must prepare a statement of overriding considerations, in which it balances the benefits of the project against the unavoidable environmental risks. The statement of overriding considerations must explain the social, economic, or other reasons for approving the project despite its environmental impacts (14 CCR 15093, Pub. Res. Code 21081). This document contains the findings and statement of overriding considerations for the approval of the Revised San Luis Ranch Specific Plan Project and reflects the City's independent judgment. This document incorporates by reference the Final SEIR. The SEIR, Specific Plan as amended, Development Agreement, and other portions of the administrative record are available for review at: City of San Luis Obispo Community Development Department 990 Palm Street San Luis Obispo, CA 93401 Contact: Tyler Corey (805)781-7169 Having received, reviewed and considered the foregoing information, as well as any and all information in the record, the City Council of the City of San Luis Obispo hereby makes these Findings pursuant to, and in accordance with, Section 21081 of the Public Resources Code. SECTION 2. PROJECT DESCRIPTION A. PROJECT OBJECTIVES As required by the City General Plan, the adopted San Luis Ranch Specific Plan contains policies and standards that will facilitate appropriate development of land, protection of open space, and provision of adequate public facilities. The adopted Specific Plan is more detailed than the General Plan but less precise than subdivision maps or construction plans. The overall objective of the Revised Project is to update the adopted Specific Plan for the San Luis Ranch project site, pursuant to the City General Plan. The City's objectives for the Revised San Luis Ranch Specific Plan are the same as for the adopted Specific Plan, and include: 1. Provide infill growth for the City that is anticipated and desired by City planning decisions and guidelines; 2. Preserve agricultural land and open space on site, maintain agricultural views from U.S. 101; 3. Create significant entry-level, workforce housing opportunities within the City that is specifically "affordable by design;" 4. Implement a walkable-bikeable neighborhood design that is integrated with public transit access and open space amenities that encourage alternative modes of transportation; 5. Create new commercial, office and hotel opportunities that will accommodate and complement existing businesses in downtown San Luis Obispo; 6. Develop an Agriculture Heritage Facilities & Learning Center offering seasonal attractions and local goods that promote the region's agricultural richness; 7. Establish an important link in the Bob Jones Regional Trail; R 10927 Resolution No. 10927 (2018 Series) Page 16 8. Provide fair -share financial contribution towards important public circulation improvements. B. PROPOSED PROJECT ■ Original Project (Adopters Specific Plan). As summarized in the certified Final EIR, the adopted San Luis Ranch Project consists of a Specific Plan, General Plan Amendment and Pre - Zone, Development Agreement/Memorandum of Understanding, and Development PlanNesting Tentative Tract Map for a 131 -acre project site, including annexation of the site into the City of San Luis Obispo. The site is located in unincorporated San Luis Obispo County, generally between Madonna Road and U.S. Highway 101, south of Dalidio Drive, and is identified by assessor's parcel number (APN) 067-121-022. The project is intended to be consistent with the development parameters described in the City's General Plan Land Use and Circulation Elements, which were updated in December 2014. The project includes a mixture of residential, commercial, office, and hotel uses, with approximately 53 acres of the site preserved for agriculture and approximately 7.4 acres preserved for open space uses. The project includes construction of up to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of office development, and a 200 -room hotel. The City Council unanimously certified the Final EIR and approved the project with minor modifications on July 18, 2017, pursuant to City Council Resolution No. 10822 (2017 Series). These minor modifications were found to be consistent with the analysis included in the certified Final EIR, and thus covered under that document. Lt Revised Pro'ect S ecifc Plan Amendment . After further investigation the applicant found the required fixed sequential phasing of development and timing requirements associated Prado Road Interchange project creates constraints on financing options, which potentially renders the development project infeasible. In order to address financing constraints, the project applicant proposes to modify the previously approved project by adjusting the phasing plan description such that each of the project phases could overlap, be out of sequence, or be concurrent, depending on market conditions and to adjust project conditions and/or mitigation measures to implement such adjusted phasing plan, including: (i) Removing phase numbering from mitigation measures T-1, T-2, & T-3; (ii) Removing condition of approval #6 "Project construction and infrastructure shall be completed in the sequential phase order as evaluated in the San Luis Ranch EIR..."; and (iii) Revising the mitigation measure monitoring program such that construction of the Prado Road Overpass and Northbound Ramp is not a requirement prior to occupancy of Phase 2 or any other project Phase. ■ The Prado Overpass and Northbound Ramps project is a joint City and Caltrans effort currently on schedule to begin construction in 2021. The proposed change in the San Luis Ranch project description does not affect the interchange Schedule or the project's requirement to dedicate the necessary right-of-way and pay its fair share. In addition, the revised project includes an amendment to the Specific Plan to permit the Community Development Director to authorize the developer, in any given year, to also construct 50% of the R 10927 Resolution No. 10927 (2018 Series) Page 17 units allocated to the project in the following year if the Director determines that doing so is necessary to facilitate construction of beneficial public facilities and infrastructure. The purpose of this authorization is to realize the public benefits associated with the project, mitigate known potential impacts resulting from the project, and implement development requirements, including infrastructure requirements, which the City has found to be consistent with, and not a waiver of, the requirements of the City's Growth Management Ordinance. These changes would be reflected in the Specific Plan and Development Agreement. No other approved entitlements would be affected. The proposed revision envisions no change to the land use plan or development potential compared to what was approved by the City on July 18, 2017. • These project elements are further described in the Final SEIR, specifically Section 1.3, Proposed Changes to the Approved Project. SECTION 3. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT A. BACKGROUND The City Council unanimously certified a Final EIR and approved the Original Project on July 18, 2017, pursuant to City Council Resolution No. 10822 (2017 Series). A Notice of Determination (NOD) was prepared, and there were no legal challenges to the adequacy of the Final EIR during the 30 -day statute of limitations associated with the NOD, pursuant to CEQA (PRC Section 21167 and CEQA Guidelines Section 15094). The proposed modification to the approved project would only affect the phasing and development schedule, not the land use pattern or ultimate buildout potential of the project. Nevertheless, this change requires a Specific Plan Amendment, which is a "discretionary" action that is subject to CEQA. A Supplement to the Final EIR (or "Supplemental EIR") was determined to be the appropriate approach to CEQA compliance pursuant to CEQA Guidelines Section 15163, focusing on only those issues where potential impacts could be different, or the analysis changed, from what was included in the certified Final EIR. A Supplemental EIR tiers from the original Final EIR and is appropriate when only minor changes to an approved project are contemplated. Section 1.0 of the Final SEIR describes the full legal basis for this determination. The SEIR serves as an informational document for the public and City of San Luis Obispo decision - makers. Based on a Planning Commission recommendation, the process will culminate with a City Council hearing to consider certification of a Final SEIR as well as the applicant's requested modifications to the previously -approved project. B. IMPACT ANALYSIS Three categories of impacts are identified in both the certified Final EIR and the Final SEIR: Class I Class I impacts are significant and unavoidable. To approve a project resulting in Class I impacts, the CEQA Guidelines require decision makers to make findings of overriding consideration that "specific legal, technological, economic, social, or other R 10927 Resolution No. 10927 (2018 Series) Page 18 considerations make infeasible the mitigation measures or alternatives identified in the EIR." Class II Class II impacts are significant but can be mitigated to a level of insignificance by measures identified in the Final EIR. When approving a project with Class II impacts, the decision makers must make findings that changes or alternatives to the project have been incorporated that reduce the impacts to a less than significant level. Class III Class III impacts are adverse but not significant. SECTION 4. FINDINGS FOR LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT The findings below are for Class III impacts. Class III impacts are adverse but not significant. Modified from those included in the Final EIR and related CEQA Findings, the City Council has concluded that the following effects are adverse but not significant, as described in the Final SEIR. G. LAND USE 2. Impact LU -5: The Revised Project would remove fixed sequential phasing, so it is possible that development could occur more quickly that under the originally approved Specific Plan. The proposed phasing concept would allow for managed growth pursuant to the San Luis Ranch Specific Plan. In addition, the overall buildout capacity of the Specific Plan is consistent with General Plan growth limitations pursuant to Land Use Element Policy 8.1.4, which directs future development within the San Luis Ranch area. For reasons described on pages 2.3-4 through 2.3- 10 of the Final SEIR, the Revised Project would be consistent with adopted City policies in the General Plan and Zoning Regulations related to growth management. (Refer to pages 2.3-4 through 2.3-10 of the Final SEIR.) a. Mitigation: None b. Finding: The City finds that the impact is less than significant. SECTION 5. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT THAT HAVE BEEN MITIGATED TO A LESS THAN SIGNIFICANT LEVEL Class II impacts are significant but can be mitigated to a level of insignificance by measures identified in the EIR. When approving a project with Class II impacts, the decision -makers must make findings that changes or alterations to the project have been incorporated that reduce the impacts to a less than significant level. This section presents the project's significant environmental impacts and feasible mitigation measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a lead agency to make findings for each R 10927 Resolution No. 10927 (2018 Series) Page 19 significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the lead agency must find that: • Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effects identified in the Final EIR; • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by that agency; or • Specific economic, social, legal, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the mitigation measures or project alternatives identified in the Final EIR infeasible. Each of these findings must be supported by substantial evidence in the administrative record. This section identifies impacts that can be fully avoided or reduced to a less -than -significant level through the incorporation of feasible mitigation measures into the project, as identified in the Final EIR and Final SEIR. The impacts identified in this section are considered in the same sequence in which they appear in the Final SEIR. Modified from those included in the Final EIR and related CEQA Findings, the City Council has concluded that the following effects are significant but mitigable to a less than significant level, as described in the Final SEIR. No new impacts have been identified. B. AIR QUALITY 1. Impact AQ -2: Construction of the project would generate temporary increases in localized air pollutant emissions. Construction emissions of ROG, NOx, and DPM would exceed SLOAPCD construction thresholds. However, with implementation of Mitigation Measures AQ -2(a) through AG -2(e) as included in the SEIR, which require fugitive dust control measures, standard control measures for construction equipment, Best Available Control Technology (BACT) for construction equipment, low or no VOC-emission paint for architectural coatings, and preparation of a Construction Activity Management Plan (CAMP), this impact would be reduced to a less than significant level. (Refer to pages 2.1-4 through 2.1-11 of the Final SEIR; impact and mitigation is not new, but Mitigation Measure AQ -2(a) is modified from Final EIR.) a. Mitigation: The following mitigation measures are required to reduce construction emissions of ROG, NOx, DPM, and fugitive dust. — Mitigation Measure AQ -2(a) Fugitive Dust Control Measures. Construction projects shall implement the following dust control measures so as to reduce PMio emissions in accordance with SLOAPCD requirements. • Reduce the amount of the disturbed area where possible; ■ Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water or a SLOAPCD-approved dust suppressant shall be used whenever possible, to reduce the amount of potable water used for dust control. Please note that since water R 10927 Resolution No. 10927 (2018 Series) Page 20 use is a concern due to drought conditions, the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control; • All dirt stock pile areas shall be sprayed daily as needed; • Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive 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 SLOAPCD; • All roadways, driveways, sidewalks, etc. to be paved shall be completed 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 are to 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 California Vehicle Code Section 23114; • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible; • All of these fugitive dust mitigation measures shall be shown on grading and building plans; and • The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Compliance Division prior to the start of any grading, earthwork or demolition. — Mifigation Measure AQ -2(b) Standard Control Measures for Construction Equipment. The following standard air quality mitigation measures shall be implemented during construction activities at the project site: • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for sue off-road); • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off -Road Regulation; • Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation; R 10927 Resolution No. 10927 (2018 Series) Page 21 • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; • On -road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel -fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non -California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle's primary diesel engine for greater than 5 - minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel -fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. • Off-road diesel equipment shall comply with the 5 -minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In -Use Off -Road Diesel regulation. • Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; • In addition to the state required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: 1. Signs that specify the no idling areas shall be posted and enforced at the site. 2. Diesel idling within 1,000 feet of sensitive receptors is not permitted; 3. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 4. Use of alternative fueled equipment is recommended; • Electrify equipment when feasible; • Substitute gasoline -powered in place of diesel -powered equipment, where feasible; and ■ Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. — Mitigation Measure AQ -2(c) Best Available Control Technology (BACT) for Construction Equipment. The following BACT for diesel -fueled construction equipment shall be implemented during construction activities at the project site, where feasible: ■ Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on -road compliant engines where feasible; • Repowering equipment with the cleanest engines available; and • Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel particulate filters. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm — Mitigation Measure AQ -2(d) Architectural Coating. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less. R 10927 Resolution No. 10927 (2018 Series) Page 22 — Mitigation Measure AQ -2(e) Construction Activity Management Plan. Emissions reduction measures and construction practices required to comply with Mitigation Measures AQ -2(a) through AQ -2(d) shall be documented in a Construction Activity Management Plan (CAMP) and submitted to SLOAPCD for review and approval at least three months before the start of construction. The CAMP shall include a Dust Control Management Plan, tabulation of on and off-road construction equipment (age, horse- power and miles and/or hours of operation), construction truck trip schedule, construction work -day period, and construction phasing. If implementation of the Standard Mitigation and Best Available Control Technology measures cannot bring the project below the Tier 1 threshold (2.5 tons of NOx+ROG per quarter), off-site mitigation shall be implemented in coordination with SLOAPCD to reduce NOx and ROG emissions to below the Tier 1 threshold. b. Findin : The City finds that changes or alterations have been required in, or incorporated into, the project to avoid or lessen to a less than significant level the significant environmental effects identified in the Final SEIR. K. TRANSPORTATION 1. Impact T-5: The timing of construction of the proposed Froom Ranch Way bridge would result in significant level of service and queuing impacts at study area intersections and roadway segments. Mitigation Measure T-5, Froom Ranch Way Bridge Timing, would ensure that LOS and queuing impacts associated with the project's proposed infrastructure phasing would be less than significant after mitigation. (Refer to pages 2.4-9 and 2.4-16 of the Final SEIR.) a. Mitigation: The following mitigation is required to reduce potentially significant LOS and queuing impacts that would result from the project's proposed infrastructure phasing. — Mitigation Measure T -S Froom Ranch Way Bridge Timing. The Froom Ranch Way bridge connection shall be completed prior to any residential or non-residential building permits or occupancy permits. b. Findin : The City finds that changes or alterations have been required in, or incorporated into, the project to avoid or lessen to a less than significant level the significant environmental effects identified in the Final EIR. SECTION 6. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE Class I impacts are significant and unavoidable. To approve a project resulting in Class I impacts, the CEQA Guidelines require decision makers to make findings of overriding consideration that "... specific legal, technological, economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR... ". R 10927 Resolution No. 10927 (2018 Series) Page 23 This section presents the project's significant environmental impacts and feasible mitigation measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a lead agency to make findings for each significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the lead agency must find that: • Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effects identified in the Final EIR; • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by that agency; or • Specific economic, social, legal, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the mitigation measures or project alternatives identified in the Final EIR infeasible. Each of these findings must be supported by substantial evidence in the administrative record. This section identifies impacts that can be reduced, but not to a less -than -significant level, through the incorporation of feasible mitigation measures into the project, and which therefore, remain significant and unavoidable, as identified in the Final EIR and Final SEIR. The impacts identified in this section are considered in the same sequence in which they appear in the SEIR. Where adoption of feasible mitigation measures is not effective in avoiding an impact or reducing it to a less -than -significant level, the feasibility of adopting alternatives to the proposed project is considered in Section 7 of this document. Modified from those included in the Final EIR and related CEQA Findings, the City Council has concluded that the following effects are significant and unavoidable, and cannot be mitigated to a less than significant level, as described in the Final SEIR. One additional significant and unavoidable impact not identified in the Final EIR is also described below. E. TRANSPORTATION 1. Impact T-1: Under Existing and Near -Term Plus Project conditions 9 study area intersections would operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal level of service standards during AM and PM peak hours. Of these 9 intersections, impacts to Madonna Road & U.S. 101 SB, Los Osos Valley Road & Auto Park Way, and Higuera & Tank Farm would be temporary until the Prado Road Overpass & NB Ramps are constructed. Although temporary, the impact at these three locations would be Class I, significant and unavoidable. a. Mitigation: Mitigation Measures T -1(a) through T -1(i) identify improvements at study area facilities that are required to reduce potentially significant project -specific impacts at study area intersections under Existing and Near -Term Plus Project Conditions. The project's equitable share of these improvements will be calculated using the method for calculating equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic Impact Studies (Caltrans, December 2002). Costs above and beyond the project's equitable share can be addressed through such options as fee credits, reimbursement agreements, or development agreements, based on City requirements. Implementation of Mitigation R 10927 Resolution No. 10927 (2018 Series) Page 24 Measures T -1(a) through T -1(i) would reduce impacts to multimodal level of service at study area intersections under Existing and Near -Term Plus Project conditions to a feasible extent. T -1(a) Intersection #1: Madonna Road & Los Osos Valley Road City optimize signal timing to accommodate increased project volumes (ongoing by City) T -1(b) Intersection #3: Madonna Road & Dalidio Drive/Prado Road • Extend existing westbound left turn lane on Madonna Road to Dalidio Drive/Prado Road to 310' (Prior to Building Permits or Occupancy) • Install 2nd westbound 310' left turn lane on Madonna Road to Dalidio Drive/Prado Road (Prior to Building Permits or Occupancy) • Install eastbound 250' right turn pocket on Madonna Road to Dalidio Drive/Prado Road (Prior to Building Permits or Occupancy) • Install 2nd northbound left shared with through -lane on Prado Road/Dalidio Drive to Madonna Road (Prior to Building Permits or Occupancy) • Prohibit westbound U-turns on Madonna Road (Prior to Building Permits or Occupancy) • Provide split phase operations & optimize signal timing (Prior to Building Permits or Occupancy) T -1(c) Intersection #5: Madonna Road & U.S. 101 Southbound Ramps. • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -1(d) Intersection #8: Higuera Street & South Street. • Optimize Signal Timing (ongoing by City) T -1(e) Intersection #9: Los Osos Valley Road & Froom Ranch Way. • Install dedicated 230' right turn lane on northbound Froom Ranch Way approach to Los Osos Valley Road (with Froom Ranch Way bridge construction) • Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to 110' (with Froom Ranch Way bridge construction) Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road (with Froom Ranch Way bridge construction) T-1(1) Intersection #10: Los Osos Valley Road & Auto Park Way. • Pay Fair Share Impact fees for Signalization (Prior to Building Permits or Occupancy) R 10927 Resolution No. 10927 (2018 Series) Page 25 Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -1(g) Intersection #16: S. Higuera Street & Tank Farm Road • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • Extend northbound right turn pocket to 230' and channelize movement (Prior to Building Permits or Occupancy) T -1(h) Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way. • Install multilane roundabout control (when connection is constructed) T -1(i) Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway. • Install multilane roundabout control or restricted access (when connection is constructed) b. Finding: While the mitigation measures identified in the Final SEIR are feasible, they insufficient to reduce potential impacts to a less than significant level. Implementation of the identified mitigation measures would improve LOS at six impacted intersections to acceptable levels, so impacts on these facilities would be less than significant after mitigation. However, impacts associated with multimodal level of service standards at three impacted intersections (Madonna & U.S. 101 SB Ramp, Los Osos Valley Road & AutoPark Way, and Higuera & Tank Farm) would remain significant and unavoidable. A statement of overriding considerations for this impact is made in Section 8. 2. Impact T-2: Under Existing and Near -Term Plus Project conditions the volume of traffic at 19 study area intersections would exceed lane capacities. Of these 19 intersections, impacts to Madonna & Los Osos Valley Road, Madonna & Oceanaire, Madonna & U.S. 101 NB, Madonna & Higuera, and Los Osos Valley Road & U.S. 101 NB would be temporary until the Prado Road Overpass & NB Ramps are constructed. Although temporary, the impact at these five locations would be Class I, significant and unavoidable. (Refer to pages 2.4-9 and 2.4-12 through 2.4-14 of the Final SEIR.) a. Mitigation: Mitigation Measures T -2(a) through T-20) identify improvements at study area facilities that are required to reduce potentially significant project -specific impacts at study area intersections under Existing and Near -Term Plus Project Conditions. The project's equitable share of these improvements will be calculated using the method for calculating equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic Impact Studies (Caltrans, December 2002). Costs above and beyond the project's equitable share can be addressed through such options as fee credits, reimbursement agreements, or development agreements, based on City requirements. Implementation of Mitigation R 10927 Resolution No. 10927 (2018 Series) Page 26 Measures T -2(a) through T-20) would reduce impacts associated with lane capacities identified for Existing and Near -Term Plus Project conditions to a feasible extent. T -2(a) Intersection #1: Madonna Road & Los Osos Valley Road • Pay Fair share costs and dedicate necessary ROWfor construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(b) Intersection #2: Madonna Road & Oceanaire Drive. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(c) Intersection #5: Madonna Road & U.S. 101 S.B Ramps. Extend northbound Madonna Road left turn lane to 150' (Prior to Building Permits or Occupancy) T -2(d) Intersection #6: Madonna Road & U.S. 101 Northbound Ramps. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(e) Intersection #7: Madonna Road & Higuera Street. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T-2(fi Intersection #9: Los Osos Valley Road & Froom Ranch Way. Install dedicated 230' right turn lane on Los Osos Valley Road approach to northbound Froom Ranch Way (with Froom Ranch Way bridge construction) Extend right turn lane on Los Osos Valley Road approach to southbound Froom Ranch Way to 110' (with Froom Ranch Way Bridge construction) Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road (with Froom Ranch Way bridge construction) R 10927 Resolution No. 10927 (2018 Series) Page 27 T -2(g) Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps. • Extend off -ramp left turn pocket to 320' (Prior to Building Permits or Occupancy) T -2(h) Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps. • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -2(i) Intersection #14: Los Osos Valley Road & Higuera Street. • Extend eastbound right turn lane to 180' or as far a practical (Prior to Building Permits or Occupancy) T-26) Intersection #18: Prado Road & Higuera Street. • Install 2nd U.S. 101 northbound left turn lane (Prior to Building Permits or Occupancy) • Extend westbound right turn pocket to 400' (Prior to Building Permits or Occupancy) b. Finding: Implementation of the identified mitigation measures would improve capacity at five impacted intersections to acceptable levels, so impacts on these facilities would be less than significant after mitigation. However, impacts associated with capacity at six other intersections (Madonna & Los Osos Valley Road, Madonna & Oceanaire, Madonna & U.S. 101 NB Ramps, Madonna & U.S. 101 SB Ramps, Madonna & Higuera, and Los Osos Valley Road & U.S. 101 NB Ramps) would remain significant and unavoidable. A statement of overriding considerations for this impact is made in Section 8. 3. Impact T-3: Under Existing and Near -Term Plus Project conditions 4 study area segment groups would operate at unacceptable automobile, bicycle, pedestrian, and/or transit LOS based on adopted multimodal level of service standards during AM and PM peak hours. Of these 4 segment groups, impacts to Madonna (Los Osos Valley Road to Higuera) and Los Osos Valley Road (Madonna to Higuera) would be temporary until the Prado Road Overpass & NB Ramps are constructed. Although temporary, the impact along these two segment groups would be Class I, significant and unavoidable. (Refer to pages 2.4-9, 2.4-14 and 2.4-15 of the Final SEIR.) a. Mitigation: Mitigation Measures T -3(a) through T -3(d) identify improvements at study area facilities that are required to reduce potentially significant project -specific impacts at study area roadway segments under Existing and Near -Term Plus Project Conditions. The project's equitable share of these improvements will be calculated using the method for calculating equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic Impact Studies (Caltrans, December 2002). Costs above and beyond the project's equitable share can be addressed through such options as fee credits, reimbursement agreements, or development agreements, based on City requirements. Implementation of Mitigation Measures T -3(a) through T -3(d) would reduce impacts associated with multimodal level of R 10927 Resolution No. 10927 (2018 Series) Page 28 service standards at study area roadway segments identified for Existing and Near -Term Plus Project conditions to a feasible extent. T -3(a) Segments #1- #6: Madonna Road (Los Osos Valley Road to Higuera Street) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • As part of the TDMP, fund operations and financial assessment/assistance of decreasing transit headways to 25 minutes (Prior to Building Permits or Occupancy) • Construct parallel Class I multiuse path on Madonna between Hwy 101 and Oceanaire) and Class III Sharrows on Madonna Frontage Road Between Oceanaire and Los Osos Valley Road (Prior to Building Permits or Occupancy) T -3(b) Segments #7 - #8: Higuera Street (Madonna Road to Prado Road) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • Pay Fair Share Costs for Construction of Class I Path Parallel to Higuera as identified in City's Bicycle Transportation Plan (Prior to Building Permits or Occupancy) T -3(c) Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera Street) • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) • Pay Fair Share Costs for Construction of Class I Path Parallel to Los Osos Valley Road as identified in City's Bicycle Transportation Plan (Prior to Building Permits or Occupancy) T -3(d) Segments #18 - #20: Dalidio Drive/Prado Road (Froom Ranch Way to Higuera Street) • Construct parallel Class I multiuse paths (Concurrent with Construction/Widening of Prado Road along project frontages) R 10927 Resolution No. 10927 (2018 Series) Page 29 b. Finding: Implementation of the identified mitigation measures would improve multimodal level of service at one impacted segment to acceptable levels, so impacts on this facility would be less than significant after mitigation. However, impacts associated with multimodal segment level of service at two other segments (Madonna Road (Los Osos Valley Road to Higuera Street) and Los Osos Valley Road (Madonna Road to Higuera Street) would remain significant and unavoidable. A statement of overriding considerations for this impact is made in Section 8. 4. Impact T-11: Under Existing and Near-term Plus Project conditions buildout of the project prior to construction of the Prado Road Overpass & NB ramps would result in portions of Highway 101 from Marsh Street to Los Osos Valley Road operating below Caltrans level of service standards. This is a Class I, significant and unavoidable impact. (Refer to pages 2.4-9, 2.4-10, 2.4-16, and 2.4-17 of the Final SEIR.) a. Mitigation: Implementation of Mitigation Measures T -11(a) through T -8(c) would reduce impacts to mainline operations on U.S. Highway 101 in the vicinity of the project to the extent feasible. T -11(a) Northbound U.S. 101 Prado Road Off Ramp ■ Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -11(b) Northbound U.S. 101 North of Prado Road • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). • Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) T -11(c) Northbound U.S. 101 North of Madonna Road • Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). ■ Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) b. Finding: Implementation of the identified mitigation measures would lessen project volumes on the Highway 101 mainline and mitigate interim impacts to the maximum extent feasible. However, impacts associated with mainline Highway 101 operations would remain significant and unavoidable. A statement of overriding considerations for this impact is made in Section 8. R 10927 Resolution No. 10927 (2018 Series) Page 30 SECTION 7. FINDINGS FOR ALTERNATIVES TO THE REVISED PROJECT Various alternatives to the Original Project were considered in the Final EIR to reduce one or more environmental impacts associated with the project. For the Revised Project, a Supplemental EIR (SEIR) was prepared because only minor changes were contemplated from the originally approved project, and no changes to the approved land use pattern or buildout potential were contemplated. An SEIR is not required to consider additional project alternatives, and in this case did not. No Findings related to Alternatives are required or can be made for the Revised Project. SECTION 8. STATEMENT OF OVERRIDING CONSIDERATIONS A. INTRODUCTION Based on the certified Final EIR for the originally approved project, as modified by the findings of the Final SEIR, the following significant and unavoidable impacts are associated with the Revised Project: 1. The Revised Project would be inconsistent with the SLOAPCD 2001 Clean Air Plan because it would result in an increase in vehicle miles traveled (VMT) that would exceed the rate of population growth. 2. The Revised Project is inconsistent with the 2001 Clean Air Plan, which SLOAPCD guidance states is a cumulative air quality impact. 3. The Revised Project would result in the relocation, demolition, and removal of structures on the San Luis Ranch property which are individually identified as historic resources. In addition, the project would eliminate the San Luis Ranch Complex, which is eligible for listing as a historic resource. Relocation, demolition, and/or removal of these historic resources would permanently alter the historic context of the project site and on-site structures. 4. Removal of the San Luis Ranch Complex would contribute to the cumulative loss of historic resources in the City. 5. The Revised Project would be potentially inconsistent with adopted City policies in the General Plan designed to protect historical resources and ensure adequate multimodal transportation levels of service. 6. Temporary construction activity would create noise that could exceed City of San Luis Obispo Municipal Code regulations, and mitigation may not be feasible to reduce the impact to less than the applicable threshold. 7. Under Existing and Near -Term Plus Project conditions 9 study area intersections would operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal level of service standards during AM and PM peak hours. Of these 9 intersections, impacts to Madonna Road & U.S. 101 SB, Los Osos Valley Road & Auto Park Way, and Higuera & Tank Farm would be temporary until the Prado Road Overpass & NB Ramps are constructed. Although temporary, the impact at these three locations would be significant and unavoidable. 8. Under Existing and Near -Term Plus Project conditions the volume of traffic at 19 study area intersections would exceed lane capacities. Of these 19 intersections, impacts to Madonna & Los Osos Valley Road, Madonna & Oceanaire, Madonna & U.S. 101 NB, Madonna & Higuera, and Los Osos Valley Road & U.S. 101 NB would be temporary until the Prado Road R 10927 Resolution No. 10927 (2018 Series) Page 31 Overpass & NB Ramps are constructed. Although temporary, the impact at these five locations would be significant and unavoidable. 9. Under Existing and Near -Term Plus Project conditions 4 study area segment groups would operate at unacceptable automobile, bicycle, pedestrian, and/or transit LOS based on adopted multimodal level of service standards during AM and PM peak hours. Of these 4 segment groups, impacts to Madonna (Los Osos Valley Road to Higuera) and Los Osos Valley Road (Madonna to Higuera) would be temporary until the Prado Road Overpass & NB Ramps are constructed. Although temporary, the impact along these two segment groups would be significant and unavoidable. 10. Under Cumulative Plus Project conditions nine study area intersections would operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal level of service standards during AM and PM peak hours. Mitigation would reduce impacts at seven of these intersections to an acceptable level. However, impacts at the Madonna Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way intersections would be significant and unavoidable. 11. Under Cumulative Plus Project conditions, the volume of traffic at 18 study area intersections would exceed lane capacities. Mitigation would reduce impacts at 17 of these intersections to an acceptable level. However, impacts at the Madonna Road & Dalidio Drive and Los Osos Valley Road & Froom Ranch Way intersections would be significant and unavoidable. 12. Under Existing and Near-term Plus Project conditions buildout of the project prior to construction of the Prado Road Overpass & NB ramps would result in portions of Highway 101 from Marsh Street to Los Osos Valley Road operating below Caltrans level of service standards. This is a significant and unavoidable impact. For projects which would result in significant environmental impacts that cannot be avoided, CEQA requires that the lead agency balance the benefits of these projects against the unavoidable environmental risks in determining whether to approve the projects. If the benefits of these projects outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such projects, the public agency adopt a Statement of Overriding Considerations setting forth the reasons why the agency finds that the benefits of the project outweigh the significant environmental effects caused by the project. This statement is provided below. B. REQUIRED FINDINGS The City has incorporated all feasible mitigation measures into the Revised Project. Although these measures will lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts. In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the proposed project against its unavoidable environmental risks. For the reasons specified below, the City finds that the following considerations outweigh the Revised Project's unavoidable environmental risks: 1. Provision of new Residential and Commercial Uses. The San Luis Ranch Specific Plan will develop a new residential neighborhood that fulfills a portion of the City's unmet housing needs and that designates sufficient land for neighborhood serving commercial uses to provide for the convenience of area residents, consistent with Land Use Element Policies 2.3.6, 3.3.1, and 8.1.4. I:i[1I91 0 Resolution No. 10927 (2018 Series) Page 32 2. Provision of a Variety of Housing Types for all Income Levels. The San Luis Ranch Specific Plan provides a variety of housing types and costs to meet the needs of renters and buyers with a variety of income -levels, including inclusionary affordable housing for residents with moderate, low, and very -low income levels, consistent with General Plan Land Use Element Goal 2, Affordability. 3. Open Space and Agricultural Protection: Implementation of the San Luis Ranch Specific Plan would preserve approximately 53 acres of the site in agriculture adjacent to the San Luis Obispo City Farm, including development of the agricultural heritage facilities & learning center, which would relocate and preserve historically important structures from the San Luis Ranch Complex and integrate them into an enhanced and inter -connected, working agricultural setting. The project would also preserve approximately 7.4 acres of the site in open space. 4. Provision of Park and Recreational Facilities. The San Luis Ranch Specific Plan will provide a variety of park and recreational facilities for residents of the City, such as parks, trails and other recreational facilities, and passive recreational opportunities within open space, both by constructing facilities on site and providing needed funding for enhancement of existing offsite City park and recreational facilities. 5. Well -Planned Neighborhood Would Reduce Per -Capita Vehicle Trips: The San Luis Ranch Specific Plan would develop a new residential neighborhood to meet the City's housing needs and that designates sufficient land for neighborhood serving commercial uses to reduce vehicle trips and provide for the convenience of area residents. In addition, the San Luis Ranch Specific Plan encourages the use of bicycles and walking within the Plan Area by including specific policies and development standards that will result in subdivision and building designs that facilitate bike use and pedestrian access and incorporating multiple classes of bike lanes and including bike and pedestrian paths through the parks and open space areas. 6. Provision of New Jobs: The project would create new construction -related and permanent jobs in the project area. Planned commercial development would provide jobs in close proximity to housing, consistent with Community Goal 34 in the General Plan Land Use Element and Land Use Element Policy 1.5, which states that the gap between housing demand and supply should not increase. 7. Transient Occupancy Tax: Development of commercial hotel uses would contribute Transient Occupancy Tax revenues that help fund needed City services. 8. National Flood Insurance Program (NFIP) and the Community Rating System (CRS) Rating Improvement: The proposed significant dedication of acreage for designated Natural Beneficial Functions (CRS Activity 420) would improve the City's point total with the CRS point system. The City has improved its CRS rating steadily from a Class 10 community to a Class 6 community. The improvement in class is directly related to a reduction in flood insurance premiums citywide. 9. Implementation of the General Plan: As required by the City General Plan, the San Luis Ranch Specific Plan contains policies and standards that will facilitate appropriate development of land, protection of open space, and provision of adequate public facilities consistent with the City's recent LUCE update and the housing and transportation objectives. R 10927 Resolution No. 10927 (2018 Series) Page 33 10. Prado Road Interchange. Beyond mitigation for the Project, the Prado Road Interchange provides enhanced operations of State and Local roadways, improved mobility of bicyclists and pedestrians, improves transit performance and transit opportunities, and is ranked as the top sustainable communities infrastructure project in the region. San Luis Ranch is a critical funding partner in implementing the interchange, if San Luis Ranch does not proceed there will not be enough funding to complete the interchange. Accordingly, the City finds that the project's adverse, unavoidable environmental impacts are outweighed by these considerable benefits. Dated: 2018 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 1 MITIGATION MONITORING AND REPORTING PROGRAM This document is the Mitigation Monitoring and Reporting Program (MMRP) for the San Luis Ranch Project, proposed in the City of San Luis Obispo, California. Public Resources Code Section 21081.6(a)(1) requires that a Lead Agency adopt an MMRP before approving a project in order to mitigate or avoid significant impacts that have been identified in an Environmental Impact Report (EIR). The purpose of the MMRP is to ensure that the required mitigation measures identified in the EIR are implemented as part of the overall project development process. In addition to ensuring implementation of mitigation measures, the MMRP provides guidance to agency staff and decision-makers during project implementation, and identifies the need for enforcement action before irreversible environmental damage occurs. Where an impact was identified to be less than significant in the EIR, no mitigation measures were required. The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning, and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including annexation of the site into the City of San Luis Obispo. The project includes construction of up to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of office development, and a 200-room hotel, with a portion of the site preserved for agriculture and open space uses. The following table summarizes the mitigation measures for each issue area identified in the Final EIR as updated through the Final Supplemental EIR for the project. Specifically, the table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring conditions; and the agency or party responsible for ensuring that the monitoring is performed. In addition, the table includes columns for compliance verification. Resolution No. 10927 (2018 Series)Page 34 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 2 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Agricultural Resources AG -1 Agricultural Conservation. Prior to issuance of any grading permits, the project proponent shall provide that for every one (1) acre of Important Farmland (Prime Farmland, Farmland of Statewide Importance, and Unique Farmland) on the site that is permanently converted to non-agricultural use as a result of project development, one (1) acre of land of comparable agricultural productivity shall be preserved in perpetuity. The land dedicated to agriculture pursuant to this measure shall be of size, location and configuration appropriate to maintain a viable, working agricultural operation. The acreage required to meet the 1:1 ratio may be met by the off-site agricultural conservation easement/deed restriction proposed by the project applicant, as long as this land meets the conditions outlined in this measure. Said mitigation shall be satisfied by the applicant through: 1)Granting a perpetual conservation easement(s), deed restriction(s), or other farmland conservation mechanism(s) to the City or qualifying entity which has been approved by the City, such as the Land Conservancy of San Luis Obispo, for the purpose of permanently preserving agricultural land. The required easement(s) area or deed restriction(s) shall therefore total a minimum of 59.3 56 acres of Prime Farmland. The land covered by said on- and/or off-site easement(s) or deed restriction(s) shall be located within or contiguous to the City’s Urban Reserve Line or Greenbelt subject to review and approval of the City’s Natural Resources Manager; or 2)Making an in-lieu payment to a qualifying entity which has been approved by the City, such as the Land Conservancy of San Luis Obispo, to be applied toward the future purchase of a minimum of 59.3 56 acres of Prime Farmland in San Luis Obispo County, together with an endowment amount as may be required. The payment amount shall be determined by the qualifying entity or a licensed appraiser; or 3)Making an in-lieu payment to a qualifying entity which has been approved by the City and that is organized for conservation purposes, to be applied toward a future perpetual conservation easement, deed restriction, or other farmland conservation mechanism to preserve a minimum of 59.3 56 acres of Prime Farmland in San Prior to issuance of any grading permits for the project, the applicant shall provide evidence of the recorded easement(s), deed restriction(s), or evidence of payment to the City Planning Department or qualifying entity for approval to demonstrate compliance with this measure. Notices, payment of in-lieu fees, and/or dedication of agricultural conservation easements shall be completed by the applicant prior to development plan approval. The City shall ensure compliance with Land Use Element Policy 8.6.3. The City shall make the final decision on the specific requirements for agricultural mitigation prior to development plan approval. City of San Luis Obispo Planning Department or qualifying entity; City of San Luis Obispo Natural Resources Manager. Resolution No. 10927 (2018 Series)Page 35 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 3 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Luis Obispo County. The amount of the payment shall be determined by the qualifying entity or a licensed appraiser; or 4)Any combination of the above. AG -3(a) Agricultural Conflict Avoidance Measures. The following language shall be added to Section 4.2.1, Agricultural Buffer, of the San Luis Ranch Specific Plan: Agricultural buffers will include City-approved measures to reduce availability of public access to agricultural cultivation areas adjacent to the project site (e.g., fencing, signs, etc.). Future residents will be notified of agricultural buffers as part of purchase or lease agreements. The applicant shall add the agricultural buffer specifications to the Specific Plan. The City Natural Resources Manager shall make the final decision on the specific requirements for agricultural conflict avoidance measures prior to development plan approval for the project, and shall ensure that agricultural conflict avoidance measures are implemented in compliance with applicable General Plan policies. City of San Luis Obispo Natural Resources Manager. AG -3(b) Agricultural Fencing. The project applicant shall coordinate with the City to fund installation of fencing and signs along Froom Ranch Way and Dalidio Drive/Prado Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas. The applicant shall clearly identify agricultural fencing within the development plan and tract map. The City Natural Resources Manager shall review the development plan and VTTM to ensure that design includes installation of fencing and signs as required under Mitigation Measures AG-3(b) and AG-3(c). The City Natural Resources Manager shall also review the final landscape plan to ensure that the species mix and density of proposed plantings would provide an adequate landscape buffer. Field inspections at appropriate phases of project construction shall confirm installation and compliance with Mitigation Measures AG-3(b) and AG-3(c). City of San Luis Obispo Natural Resources Manager. AG -3(c) Buffer Landscaping. To reduce the potential for noise, dust, and pesticide drift to affect future residents on the project site, the project applicant shall ensure that project landscape plans include planting of a windrow of trees and shrubs within the agricultural buffer along Froom Ranch Way at a sufficient density to buffer the site from surrounding agricultural operations. The applicant shall clearly identify buffer landscaping within the development plan and tract map. The City Natural Resources Manager shall review the development plan and VTTM to ensure that design includes installation of fencing and signs as required under Mitigation Measures AG-3(b) and AG-3(c). City of San Luis Obispo Natural Resources Manager. Resolution No. 10927 (2018 Series)Page 36 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 4 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments The City Natural Resources Manager shall also review the final landscape plan to ensure that the species mix and density of proposed plantings would provide an adequate landscape buffer. Field inspections at appropriate phases of project construction shall confirm installation and compliance with Mitigation Measures AG-3(b) and AG-3(c). Air Quality AQ -1 Encourage Telecommuting. The project applicant or developers of individual projects within the Specific Plan Area shall include provisions to encourage employers within the proposed commercial, office, and hotel components of the project to implement telecommuting programs and include teleconferencing capabilities, such as web cams or satellite linkage, which will allow employees to attend meetings remotely without requiring them to travel out of the area. The project applicant or developers of individual projects within the Specific Plan Area shall submit proof that employers within the proposed commercial, office, and hotel components of the project have either implemented telecommuting programs or include teleconferencing capabilities, or proof that such a program is infeasible. The Community Development Department shall verify teleconferencing capabilities, if feasible, are included in tenant improvements prior to issuance of occupancy permits. City of San Luis Obispo Community Development Department. AQ -2(a) Fugitive Dust Control Measures. Construction projects shall implement the following dust control measures so as to reduce PM10 emissions in accordance with SLOAPCD requirements. •Reduce the amount of the disturbed area where possible; •Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water or a SLOAPCD-approved dust suppressant shall be used whenever possible, to reduce the amount of potable water used for dust control. Please note that since water use is a concern due to drought conditions, the contractor or builder shall consider the use of an Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 37 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 5 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control; • All dirt stock pile areas shall be sprayed daily as needed; • Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive 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 SLOAPCD; • All roadways, driveways, sidewalks, etc. to be paved shall be completed 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 are to 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 California Vehicle Code Section 23114; • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible; • All of these fugitive dust mitigation measures shall be shown on grading and building plans; and • The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include Resolution No. 10927 (2018 Series)Page 38 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 6 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Compliance Division prior to the start of any grading, earthwork or demolition. AQ -2(b) Standard Control Measures for Construction Equipment. The following standard air quality mitigation measures shall be implemented during construction activities at the project site: • Maintain all construction equipment in proper tune according to manufacturer’s specifications; • Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for sue off-road); • Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation; • Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOX exempt area fleets) may be eligible by proving alternative compliance; • On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle's primary diesel engine for greater than 5-minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 39 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 7 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. • Off-road diesel equipment shall comply with the 5- minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In-Use Off- Road Diesel regulation. • Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; • In addition to the state required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: 1. Signs that specify the no idling areas shall be posted and enforced at the site. 2. Diesel idling within 1,000 feet of sensitive receptors is not permitted; 3. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 4. Use of alternative fueled equipment is recommended; • Electrify equipment when feasible; • Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. AQ -2(c) Best Available Control Technology (BACT) for Construction Equipment. The following BACT for diesel- fueled construction equipment shall be implemented during construction activities at the project site, where feasible: • Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines where feasible; • Repowering equipment with the cleanest engines available; and • Installing California Verified Diesel Emission Control Strategies, such as level 2 diesel particulate filters. Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 40 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 8 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm AQ -2(d) Architectural Coating. To reduce ROG and NOX levels during the architectural coating phase, low or no VOC- emission paint shall be used with levels of 50 g/L or less. Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. City of San Luis Obispo Community Development Department. AQ -2(e) Construction Activity Management Plan. Emissions reduction measures and construction practices required to comply with Mitigation Measures AQ-2(a) through AQ-2(d) shall be documented in a Construction Activity Management Plan (CAMP) and submitted to SLOAPCD for review and approval at least three months before the start of construction. The CAMP shall include a Dust Control Management Plan, tabulation of on and off- road construction equipment (age, horse-power and miles and/or hours of operation), construction truck trip schedule, construction work-day period, and construction phasing. If implementation of the Standard Mitigation and Best Available Control Technology measures cannot bring the project below the Tier 1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be implemented in coordination with SLOAPCD to reduce NOX and ROG emissions to below the Tier 1 threshold. Future development shall incorporate the listed provisions into development plans prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure construction is in accordance with approved plans. City of San Luis Obispo Community Development Department. AQ -3(a) Standard Operational Mitigation Measures. Prior to issuance of grading permits, the applicant shall define and incorporate into the San Luis Ranch Specific Plan standard emission reduction measures from the SLOAPCD CEQA Air Quality Handbook to reduce emissions to below daily threshold levels. Emission reduction measures shall include, but would not be limited to: • Increase the building energy rating by 20 percent above 2013 Title 24 requirements (used in the California Emissions Estimator Model) or consistent with 2016 Title 24 requirements, whichever is stricter. Measures used to reach the 20 percent rating cannot be double counted; • Utilize onsite renewable energy systems (e.g., solar, Future development shall incorporate the listed provisions into development plans and submit proof that emissions have been reduced to below daily threshold levels through a combination of these measures and off-site mitigation (described in Mitigation Measure AQ-3[b]) prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 41 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 9 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments wind, geothermal, low-impact hydro, biomass and bio- gas); and • Provide bicycle-share program. In addition, the proposed hotel component of the Specific Plan shall participate in the SLO Car Free Program, provide incentives to car-free travelers, and promote the program in their communication tools. AQ -3(b) Off-Site Mitigation. If implementation of standard emission reduction measures from the SLOAPCD CEQA Air Quality Handbook described in Mitigation Measure AQ-3(a) is insufficient to reduce emissions to below daily threshold levels, then the applicant shall coordinate with SLOAPCD to provide funding for off-site emission reduction measures to reduce emissions to below daily threshold levels. In accordance with SLOAPCD methodology, the excess emissions shall be multiplied by the cost effectiveness of mitigation as defined in the State’s current Carl Moyer Incentive Program Guidelines to determine the annual off- site mitigation amount. This amount shall then be extrapolated over the life of the project to determine total off- site mitigation. Off-site emission reduction measures may include, but would not be limited to: • Developing or improving park-and-ride lots; • Retrofitting existing homes in the project area with SLOAPCD-approved wood combustion devices; • Retrofitting existing homes in the project area with energy-efficient devices; • Constructing satellite worksites; • Funding a program to buy and scrap older, higher emission passenger and heavy-duty vehicles; • Replacing/re-powering transit buses; • Replacing/re-powering heavy-duty diesel school vehicles (i.e. bus, passenger or maintenance vehicles); • Funding an electric lawn and garden equipment exchange program; • Retrofitting or re-powering heavy-duty construction equipment, or on-road vehicles; • Re-powering marine vessels; • Re-powering or contributing to funding clean diesel Future development shall incorporate the listed provisions into development plans and submit proof that emissions have been reduced to below daily threshold levels through a combination of the measures described in Mitigation Measure AQ-3(a) and this off- site mitigation prior to issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 42 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 10 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments locomotive main or auxiliary engines; • Installing bicycle racks on transit buses; • Purchasing particulate filters or oxidation catalysts for local school buses, transit buses or construction fleets; • Installing or contributing to funding alternative fueling infrastructure (i.e. fueling stations for CNG, LPG, conductive and inductive electric vehicle charging, etc.); • Funding expansion of existing transit services; • Funding public transit bus shelters; • Subsidizing vanpool programs; • Subsidizing transportation alternative incentive programs; • Contributing to funding of new bike lanes; • Installing bicycle storage facilities; and • Providing assistance in the implementation of projects that are identified in City or County Bicycle Master Plans. Biological Resources BIO-1(a) Best Management Practices. The applicant shall ensure the following general wildlife Best Management Practices (BMPs) are required for construction activity within the San Luis Ranch Specific Plan Area: • No pets or firearms shall be allowed at the project site during construction activities. • All trash that may attract predators must be properly contained and removed from the work site. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site. • All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from Prefumo Creek and in a location where a spill would not drain toward aquatic habitat. A plan must be in place for prompt and effective response to any accidental spills prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an accidental spill occur. • Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. City of San Luis Obispo approved Environmental Monitor. Resolution No. 10927 (2018 Series)Page 43 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 11 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments material spills occur, materials and/or contaminants shall be cleaned from the project site and recycled or disposed of to the satisfaction of the Regional Water Quality Control Board (RWQCB). • Prior to construction activities in areas adjacent to Prefumo Creek and Cerro San Luis Channel, the drainage features shall be fenced with orange construction fencing and signed to prohibit entry of construction equipment and personnel unless authorized by the City. Fencing should be located a minimum of 20 feet from the edge of the riparian canopy or top of bank and shall be maintained throughout the construction period for each phase of development. Once all phases of construction in this area are complete, the fencing may be removed. • To control sedimentation during and after project implementation, appropriate erosion control BMPs (e.g., use of coir rolls, jute netting, etc.) shall be implemented to minimize adverse effects on Prefumo Creek. No plastic monofilament netting shall be utilized on site. • Construction equipment shall be inspected at the beginning of each day to ensure that wildlife species have not climbed into wheel wells or under tracks since the equipment was last parked. Any sensitive wildlife species found during inspections shall be gently encouraged to leave the area by a qualified biological monitor or otherwise trained personnel. • All vehicles and equipment shall be in good working condition and free of leaks. • Environmentally Sensitive Areas shall be delineated by a qualified biologist prior to construction to confine access routes and construction areas. • Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period) species. No construction night lighting shall be permitted within 100 yards of the top of the Prefumo Creek bank. • Concrete truck and tool washout shall be limited to locations designated by a qualified biologist such that no runoff will reach Prefumo Creek or Cerro San Luis Channel. • All open trenches shall be constructed with appropriate Resolution No. 10927 (2018 Series)Page 44 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 12 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments exit ramps to allow species that accidentally fall into a trench to escape. Trenches will remain open for the shortest period necessary to complete required work. • Existing facilities and disturbed areas shall be used to the extent possible to minimize the amount of disturbance and all new access roads other than the Froom Ranch Way Bridge shall be cited to avoid high quality habitat and minimize habitat fragmentation. • In the event that construction must occur within the creek or creek setback, a biological monitor shall be present during all such activities with the authority to stop or redirect work as needed to protect biological resources. BIO-1(b) Worker Environmental Awareness Program Training. Prior to the initiation of construction activities (including staging and mobilization), the applicant shall ensure all personnel associated with project construction attend a Worker Environmental Awareness Program (WEAP) training. • The training shall be conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and avoidance measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of the project. All employees shall sign a form provided by the trainer documenting they have attended the WEAP and understand the information presented to them. WEAP training requirements shall be included on project plans and shall be submitted for review and approval by the City prior to the approval of grading and construction permits. The Environmental Monitor shall verify environmental compliance of the construction personnel in accordance with WEAP training requirements. City of San Luis Obispo approved Environmental Monitor. BIO-1(c) Western Pond Turtle and Two-Striped Garter Snake Impact Avoidance and Minimization. The applicant shall ensure the following actions are implemented to avoid and minimize potential impacts to western pond turtle and two-striped garter snake (these reptiles utilize similar habitats; therefore, implementation of the proposed measures for western pond turtle are also suitable and Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring City of San Luis Obispo approved Environmental Monitor. Resolution No. 10927 (2018 Series)Page 45 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 13 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments appropriate for two-striped garter snake): • A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the onset of work activities within and around areas that may serve as potential western pond turtle habitat. If this species is found and the individuals are likely to be injured or killed by work activities, the approved biologist shall be allowed sufficient time to move them from the project site before work activities begin. The biologist(s) must relocate the any western pond turtle the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project. • Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the project goal and minimize potential impacts to western pond turtle habitat including locating access routes and construction staging areas outside of wetlands and riparian areas to the maximum extent practicable. required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. reports to the City. BIO-1(d) California Red-legged Frog, Western spadefoot, and Coast Range Newt Impact Avoidance and Minimization. The applicant shall implement the following to avoid and minimize potential impacts to CRLF. Because coast range newt and western spadefoot are amphibians that utilize similar habitats to CRLF, implementation of the following measures provided for CRLF shall be implemented for these species as well. • Only USFWS-approved biologists shall participate in activities associated with the capture, handling, and monitoring of CRLF. • Ground disturbance shall not begin until written approval is received from the USFWS that the biologist is qualified to conduct the work. If the USFWS does not authorize the relocation of CRLF occurring within the project site, CRLF found within the project site shall be avoided with a 100-foot buffer and no activities shall occur within that buffer until the CRLF has left the project site on its own. • Areas of the project site that lie within 100 feet upland from riparian or jurisdictional areas shall be surrounded by a solid temporary exclusion fence (such as silt fencing) that shall extend at least three feet above the ground and be buried into the ground at least 6 inches Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. City of San Luis Obispo approved Environmental Monitor. Resolution No. 10927 (2018 Series)Page 46 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 14 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments to exclude CRLF from the project site. Plastic monofilament netting or other similar material will not be used. The location of the fencing shall be determined by a qualified biologist. The fence shall remain in place throughout construction activities. Installation of the exclusion fencing shall be monitored by a qualified biologist to ensure that it is installed correctly. • During new grading activities in habitats within 100 feet upland from riparian or jurisdictional areas, a qualified biologist shall be on-site to recover any spadefoot toads that may be excavated/unearthed with native material or found under vegetation. If the animals are in good health, they shall be immediately relocated to a designated release area. If they are injured, the animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to be released into the designated release area. • To ensure that diseases are not conveyed between work sites by the approved biologist, the fieldwork code of practice developed by the Declining Amphibian Populations Task Force shall be followed at all times. BIO-1(e) Steelhead Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to steelhead: • Before any activities begin on the project, a qualified biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the steelhead and its habitat, the specific measures that are being implemented to conserve this species for the project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions. • During the duration of project activities, all trash that may attract predators will be properly contained and secured, promptly removed from the work site, and disposed of regularly. Following construction, all trash and construction debris will be removed from the work areas. • All refueling, maintenance, and staging of equipment Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. City of San Luis Obispo approved Environmental Monitor. Resolution No. 10927 (2018 Series)Page 47 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 15 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments and vehicles will occur at least 100 feet from riparian habitat or bodies of water and in a location where a potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). The monitor shall ensure that contamination of suitable habitat does not occur during such operations. Prior to the onset of work activities, a plan must be in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should an accidental spill occur. • The number of access routes, size of staging areas, and the total area used for construction activities shall be limited to the minimum area necessary to achieve the project goals. • The City will only permit work within the immediate vicinity of Prefumo Creek for times of the year when potential impacts to steelhead would be minimal. Work shall be restricted during the wet season (October 15 through April 30) and should ideally occur during the late summer and early fall during the driest portion of the year; however, water may still be present during construction. If work is proposed in the streambed and water is present during construction, a diversion will be required to dewater the work area and the following avoidance and minimization measures will apply: 1. Upstream and downstream passage for fish, including juvenile steelhead, shall be provided through or around the construction site at all times construction is occurring within the Prefumo Creek streambed. 2. A qualified biologist shall conduct a pre- construction survey and be present onsite during the diversion installation and dewatering process to capture and relocate any trapped steelhead and/or other fish. Upon approval from the NMFS, the biologist(s) must relocate these individuals the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project. 3. Dewatering operations shall employ a five millimeter mesh screen fastened to the intake hose to exclude fish and other wildlife species from the pump. Resolution No. 10927 (2018 Series)Page 48 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 16 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments 4. Steelhead shall be excluded from the construction zone with block nets installed upstream and downstream the of the bridge construction zone. The distance upstream and downstream for block net installation will depend on the type of construction activities occurring in the streambed. • To control sedimentation during and after project implementation, the following BMPs shall be implemented. If the BMPs are somehow ineffective, consultation with the City and appropriate resource agencies will be undertaken, and all attempts to remedy the situation will commence immediately. 1. It shall be the owner’s/contractor’s responsibility to maintain control of the entire construction operations and to keep the entire site in compliance. 2. The owner/contractor shall be responsible for monitoring erosion and sediment control measures (including but not limited to fiber rolls, inlet protections, silt fences, and gravel bags) prior, during and after storm events, monitoring includes maintaining a file documenting onsite inspections, problems encountered, corrective actions, and notes and a map of remedial implementation measures. 3. Erosion shall be controlled by covering stockpiled construction materials (i.e. soil, spoils, aggregate, fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic yards that are not actively being used, consistent with the applicable construction general permit, or through other means of erosion control approved by the City (e.g., surrounding with straw bales or silt fencing). The site shall be maintained to minimize sediment-laden runoff to any storm drainage system including existing drainage swales and/or sand watercourses. a. Construction operations shall be carried out in such a manner that erosion and water pollution will be minimized. b. State and local laws concerning pollution abatement shall be complied with. c. If grading operations are expected to denude slopes, the slopes shall be protected with Resolution No. 10927 (2018 Series)Page 49 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 17 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments erosion control measures immediately following grading on the slopes. 4. Specifically, in order to prevent sedimentation and debris from entering Prefumo Creek during construction, silt fencing shall be installed along the top of the banks on the west side of the channel prior to the onset of construction activities. • The project biologist will monitor construction activities, in stream habitat, and overall performance of BMPs and sediment controls for the purpose of identifying and reconciling any condition that could adversely affect steelhead or their habitat. The biologist will halt work if necessary and will recommend site-specific measures to avoid adverse effects to steelhead and their habitat. • Equipment will be checked daily for leaks prior to the initiation of construction activities. A spill kit will be placed near the creek and will remain readily available during construction in the event that any contaminant is accidentally released. • In addition to these avoidance and minimization measures, Mitigation Measure BIO-2(a) would also ensure that potential temporary and permanent indirect impacts to steelhead from the project are reduced as much as practicable. BIO-1(f) Great Blue Heron and Monarch Butterfly Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to overwintering monarch butterflies and nesting great blue herons. • Tree trimming/removal and construction activities that affect eucalyptus trees near or within the monarch overwintering grove or active great blue heron nests identified in the San Luis Ranch Monarch Trees Inspection Memo, Results of 2015 and 2016 San Luis Ranch Heron Rookery Surveys Memo, and San Luis Ranch – Prefumo Creek Widening Biological Constraints Memo prepared by Althouse and Meade (Appendix F), shall not be conducted during the monarch butterfly overwintering season from October 1 through March 31 if monarch butterflies are present, or while great blue heron nests are active from February 1 to August 31. If construction activities must be Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. City of San Luis Obispo approved Environmental Monitor. Resolution No. 10927 (2018 Series)Page 50 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 18 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments conducted during these periods, a qualified biologist shall conduct overwintering monarch surveys and/or nesting great blue heron surveys within one week of habitat disturbance. If surveys do not locate clustering monarchs or nesting great blue herons, construction activities may be conducted. If clustering monarchs and/or nesting great blue herons are located, no construction activities shall occur within 100 feet of the edge of the overwintering grove and/or active nest(s) until the qualified biologist determines that no more monarchs are overwintering in the grove or the nest(s) are no longer active. • A qualified biologist shall prepare and implement a habitat enhancement plan prior to issuance of grading permits to enhance and restore overwintering and nesting habitat that is to be preserved. The habitat enhancement plan shall include native shrubs and trees such as Monterey Cypress (Hesperocyparis macrocarpa) that may support heron roosting and monarch butterfly overwintering. As eucalyptus trees senesce, they shall be replaced with native species. Native trees and shrubs shall also be used to supplement gaps in canopy or act as windbreaks. • Create new offsite nesting habitat for great blue herons to mitigate for removal of onsite nesting habitat. With a qualified biologist present, the current rookery may be moved to a suitable offsite location where the same great blue herons can resume nesting, following methods detailed in Crouch et al. (2002). It should be noted that creating offsite nesting habitat for great blue herons is experimental and that the relocation techniques described in Crouch et al. (2002) were used to relocate black-crowned night heron (Nycticorax nycticorax). In addition, an agreement with the City will be required prior to implementation of the offsite strategy on their property. The methods detailed in Crouch et al. (2002) include: a. This entails at least one year of pre-construction monitoring of the rookery, where the timing of rookery activities will be noted: arrival of breeding adults, egg laying, hatching, and fledging. During this time, audio recordings of adults and juveniles shall be made. b. Following the completion of the nesting season in Resolution No. 10927 (2018 Series)Page 51 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 19 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments late summer, a certified arborist specializing in the translocation of trees will examine the mature trees onsite and work with the City’s Natural Resources Manager to determine whether or not it is feasible to relocate the mature trees containing nests across Madonna Road to a suitable location at Laguna Lake Open Space. c. Prior to the start of the next nesting season (based on timing of adult arrival in previous years), nesting adults will be recruited to the new location via decoys and playback of vocalizations. The new location will be monitored regularly by a qualified biologist for the following three breeding seasons. BIO-1(g) Nesting Birds Impact Avoidance and Minimization. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to nesting birds: • For construction activities occurring during the nesting season (generally February 1 to September 15), surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 14 days prior to vegetation removal. The surveys shall include the disturbance area plus a 500-foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment 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 removal of the buffer. • If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to occur in the fall and winter (between September 1 and February 14), after fledging and before the initiation of the nesting season. Special status species protection plans and surveys shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. BIO-1(h) Roosting Bats Impact Avoidance and Minimization. The applicant shall ensure the following Special status species protection plans and surveys The Environmental Monitor shall monitor environmental Resolution No. 10927 (2018 Series)Page 52 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 20 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments actions are undertaken to avoid and minimize potential impacts to roosting bats: • Prior to issuance of grading permits, a qualified biologist shall conduct a survey of existing structures within the project site to determine if roosting bats are present. The survey shall be conducted during the non-breeding season (November through March). The biologist shall have access to all interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.) If the bats are not part of an active maternity colony, passive exclusion measures may be implemented in close coordination with CDFW. These exclusion measures must include one-way valves that allow bats to exit the structure but are designed so that the bats may not re-enter the structure. • If a bat colony is excluded from the project site, appropriate alternate bat habitat as determined by a qualified biologist shall be installed on the project site or at an approved location offsite. • Prior to removal of any trees over 20 inches diameter- at-breast-height (DBH), a survey shall be conducted by a qualified biologist to determine if any of the trees proposed for removal or trimming harbor sensitive bat species or maternal bat colonies. If a non-maternal roost is found, the qualified biologist, in close coordination with CDFW shall install one-way valves or other appropriate passive relocation method. For each occupied roost removed, one bat box shall be installed in similar habitat and should have similar cavity or crevices properties to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies may not be disturbed. shall be prepared by the applicant and shall be submitted to for review and approval by the City prior to the approval of grading and construction permits. Any required permits shall be obtained from the state and federal agencies prior to issuance of grading permits. compliance of the construction activities throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City. BIO-2(a) Habitat Mitigation and Monitoring Plan. A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared which will provide a minimum 2:1 ratio (replaced: removed) for temporary and permanent impacts to riparian habitat. The HMMP will identify the specific mitigation sites and it will be implemented immediately following project completion. The HMMP shall include, at a minimum, the following components: The HMMP required by Mitigation Measure BIO-2(a) shall specify the location, timing, species composition, and maintenance of all restored, enhanced, and newly established riparian and wetland areas, and tree replacement. The applicant The City shall review and approve the HMMP (and associated tree replacement requirements) for compliance prior to issuance of grading permits and the onset of construction for each phase, as well as the onset of construction of the Froom Ranch Way Bridge City of San Luis Obispo Natural Resources Manager; City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 53 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 21 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments • Description of the project/impact site (i.e. location, responsible parties, areas to be impacted by habitat type); • 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]; • Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values of the compensatory mitigation site); • Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [including plant species to be used, container sizes, seeding rates, etc.]); • Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule); • Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports); • Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 80 percent relative cover by vegetation type; • An adaptive management program and remedial measures to address negative impacts to restoration efforts; • Notification of completion of compensatory mitigation and agency confirmation; and • Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). shall submit the HMMP to the City for approval prior to recordation of the VTTM, and shall update and resubmit to the City prior to each phase of construction. crossing. The applicant shall submit annual documentation to the City and appropriate agencies demonstrating compliance with HMMP requirements. The City shall review and approve the final Froom Ranch Way Bridge crossing design for compliance prior to issuance of grading permits. Replacement plants shall be monitored by a qualified biologist for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering shall not be provided during the final two years of monitoring. BIO-2(b) Tree Replacement. Riparian trees four inches or greater measured at diameter-at-breast-height (DBH) shall be replaced in-kind at a minimum ratio of 3:1 (replaced: Tree and vegetation replacement shall occur within the same construction phase The City shall review and approve the tree replacement requirements for compliance City of San Luis Obispo Natural Resources Resolution No. 10927 (2018 Series)Page 54 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 22 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments removed). Trees 24 inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows and cottonwoods may be planted from live stakes following guidelines provided in the California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and container stock (CDFW 2010). • Tree replacement shall be conducted in accordance with a Natural Habitat Restoration and Enhancement Plan to be approved by the City’s Natural Resource Manager. • The Natural Habitat Restoration and Enhancement Plan shall prioritize the planting of replacement trees on-site where feasible, but shall allow that replacement trees may be planted off-site with approval of the City’s Natural Resource Manager. • Replacement trees may be planted in the fall or winter of the year in which trees were removed. All replacement trees will be planted no more than one year following the date upon which the native trees were removed. as tree and vegetation removal. prior to issuance of grading permits and the onset of construction for each phase. Replacement plants shall be monitored by a qualified biologist for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering shall not be provided during the final two years of monitoring. Manager; City of San Luis Obispo Community Development Department. BIO-2(c) Froom Ranch Way Bridge Design to Avoid Riparian Areas. The Froom Ranch Way Bridge crossing footings shall be placed outside mapped riparian areas. The placement of the bridge and footings shall be indicated on the Development Plan, VTTM, and HMMP, and shall show the bridge’s placement in relation to existing vegetation and the bed and bank of Prefumo Creek. Tree and vegetation removal associated with the construction of the Froom Ranch Way Bridge crossing shall be replaced during or immediately subsequent to completion of that project component. The City shall review and approve the HMMP for compliance prior to issuance of grading permits and the onset of construction for each phase, as well as the onset of construction of the Froom Ranch Way Bridge crossing. The applicant shall submit annual documentation to the City and appropriate agencies demonstrating compliance with HMMP requirements. The City shall review and approve the final Froom Ranch Way Bridge crossing design for compliance prior to issuance of grading permits. Replacement plants shall be monitored by a qualified biologist for 5 years with a goal of at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be provided during years 1 to 3; however, supplemental watering City of San Luis Obispo Natural Resources Manager; City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 55 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 23 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments shall not be provided during the final two years of monitoring. Cultural Resources CR-1(a) Historical Structure Relocation and Reconstruction Plan. In order to implement Specific Plan Policy 2.5, a relocation and reconstruction plan for the former spectator’s barn/viewing stand, main residence, and main barn shall be developed by a qualified historic architect. The plan shall include a structural/architectural report documenting existing integrity and conditions and include detailed treatment methods and measures to ensure that historic integrity is retained and that all identified character defining features will be preserved. The project applicant shall prepare the relocation and reconstruction plan for the main residence and the spectators’ barn/viewing stand to the satisfaction of the Community Development Director prior to the issuance of project grading permits. Project grading plans shall detail phasing and include sufficient detail to demonstrate the sequencing and completion of the relocation and reconstruction plan. The City shall confirm completion of and approve the relocation and reconstruction plan and archival documentation. The City shall also review applicable plans for compliance with recommendations of the relocation and reconstruction plan and periodically inspect the site to ensure compliance. City of San Luis Obispo Community Development Director. CR-1(b) Archival Documentation of Historic Buildings. The applicant shall provide archival documentation of the San Luis Ranch Complex in as-built and as-found condition in the form of an Historic American Building Survey (HABS) Level II documentation. The documentation shall comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation (NPS 1990), and shall include large-format photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983). The original archival-quality documentation shall be offered as donated material to the History Center of San Luis Obispo County. Archival copies of the documentation shall also be submitted to the San Luis Obispo County Library. The applicant shall complete archival documentation of the San Luis Ranch Complex prior to the removal, relocation, reconstruction, and/or demolition of the structures on the project site to the satisfaction of the Community Development Director. The City shall confirm completion of and approve the archival documentation. The City shall confirm submittal of the documentation to the History Center of San Luis Obispo County and the San Luis Obispo County Library. City of San Luis Obispo Community Development Director. CR-1(c) Informational Display of Historic Resources. A retrospective interpretive display detailing the history of the San Luis Ranch Complex and the project site, its significance, and its important details and features shall be developed by the applicant. The information should be incorporated into a publicly-accessed building on the project The applicant shall develop and install an informational display of the site’s identified historical resources prior to opening of the Agricultural Heritage Facilities and The information display shall be prepared in accordance with recommendations of a qualified historic consultant and shall be approved by the Community City of San Luis Obispo Community Development Director. Resolution No. 10927 (2018 Series)Page 56 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 24 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments site, such as the proposed Agricultural Heritage Facilities and Learning Center, or a publicly-accessed outdoor location. The display shall include images and details from the HABS documentation described in Mitigation Measure CR-1(b) and any collected research pertaining to the historic property. The content shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards for History and/or Architectural History (NPS 1983). Learning Center to the public. Development Director. CR-2(a) Retain a Qualified Principal Investigator. In accordance with Conservation and Open Space Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to archaeological resources. Monitoring shall involve inspection of subsurface construction disturbance at or in the immediate vicinity of known sites, or at locations that may harbor buried resources that were not identified on the site surface. A Native American monitor shall also be present because the area is a culturally sensitive location. The monitor(s) shall be on-site on a full-time basis during earthmoving activities, including grading, trenching, vegetation removal, or other excavation activities. The project applicant shall retain a qualified principal investigator prior to the issuance of grading permits. The City shall confirm the qualifications of and approve the applicant’s choice of a qualified principal investigator. City of San Luis Obispo Community Development Department. CR-2(b) Unanticipated Discovery of Archaeological Resources. In the event that archaeological resources are exposed during construction, all work shall be halted in the vicinity of the archaeological discovery until a qualified archaeologist can visit the site of discovery and assess the significance of the cultural resource. In the event that any artifact or an unusual amount of bone or shell is encountered during construction, work shall be immediately stopped and relocated to another area. The lead agency shall stop construction within 100 feet of the exposed resource until a qualified archaeologist/paleontologist can evaluate the find (see 36 CFR 800.11.1 and CCR, Title 14, Section 15064.5[f]). Examples of such cultural materials might include: ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools such as projectile points or choppers; flakes of stone not consistent with the immediate geology such as obsidian or fused shale; historic trash pits containing bottles and/or ceramics; or structural remains. If The project applicant shall retain a qualified Native American monitor prior to the issuance of grading permits. The requirement that construction work be stopped in the event of discovery of archaeological resources shall be included on construction plans prior to the issuance of grading permits. The City shall confirm the qualifications of and approve the applicant’s choice of a qualified Native American monitor. The City shall also inspect the site periodically during grading and demolition to ensure compliance with this measure. The City shall review construction plans and periodically inspect project construction to ensure compliance with this measure. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 57 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 25 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments the resources are found to be significant, they must be avoided or will be mitigated consistent with State Historic Preservation Office (SHPO) Guidelines. Geology and Soils GEO-1 Earthquake and Ground Acceleration Design and Construction Measures. Design and construction of the buildings, roadway infrastructure and all subgrades shall be specifically proportioned to resist Design Earthquake Ground Motions (Design amax) of SD1=0.481 and SDS=0.832 and engineered to withstand Maximum Considered Earthquake (MCE) peak ground acceleration (PGAM) equal to 0.519 g, as described in the Soils Engineering Report for the project (GeoSolutions, Inc., 2015). The design should take into consideration the soil type, potential for liquefaction, and the most current and applicable seismic attenuation methods that are available. These requirements shall be incorporated into project design plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. City of San Luis Obispo Community Development Department. GEO-2 Operational Seismic Safety Requirement. For retail stores included in the project, goods for sale may be stacked no higher than 8 feet from the floor in any area where customers are present, unless provisions are made to prevent the goods from falling during an earthquake of up to 7.5 magnitude. The stacking or restraint methods shall be reviewed and approved by the City before approval of occupancy permits, and shall be a standing condition of occupancy. These requirements shall be incorporated into project site plans submitted for approval before the approval of final development plan. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. City of San Luis Obispo Community Development Department. GEO-3 Geotechnical Design. The project plans and specifications shall include the geotechnical recommendations included in the Soils Engineering Report, prepared by GeoSolutions, Inc. on May 29, 2015. Recommendations therein that shall be incorporated into the final project building plans include specification for the following components of development preparation and design: • Building Pad Preparation • Paved Areas Preparation • Pavement Design • Interlocking Concrete Pavers • Conventional Foundations • Post-Tensioned Slabs • Slab-On-Grade Construction • Retaining Walls These requirements shall be incorporated into project site plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 58 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 26 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments • Exterior Concrete Flatwork Hazards and Hazardous Materials HAZ-4 Soil Sampling and Remediation. Prior to issuance of any grading permits, a contaminated soil assessment shall be completed in the portions of land to be graded for development. Soil samples shall be collected under the supervision of a professional geologist or environmental professional to determine the presence or absence of contaminated soil in these areas. The sampling density shall be in accordance with guidance from San Luis Obispo County Environmental Health Services, so as to define the volume of soil that may require remediation. Laboratory analysis of soil samples shall be analyzed for the presence of organochlorine pesticides, in accordance with EPA Test Method SW8081A, and heavy metals in accordance with EPA Test Methods 6010B and 7471A. If soil sampling indicates the presence of pesticides or heavy metals exceeding applicable environmental screening levels, the soil assessment shall identify the volume of contaminated soil to be excavated. If concentrations of contaminants exceed EPA action levels and therefore warrant remediation, contaminated materials shall be remediated either prior to concurrent with construction and an Environmental Site Assessment (ESA) shall be prepared. Cleanup may include excavation, disposal, bio-remediation, or any other treatment of conditions subject to regulatory action. All necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The contaminated materials shall be remediated under the supervision of an environmental consultant licensed to oversee such remediation and under the direction of the lead oversight agency. The remediation program shall also be approved by a regulatory oversight agency, such as the San Luis Obispo County Environmental Health Services, the Regional Water Quality Control Board (RWQCB), or DTSC. All proper waste handling and disposal procedures shall be followed. Upon completion of the remediation, the environmental consultant shall prepare a report summarizing the project, the remediation approach implemented, and the analytical results after completion of the remediation, including all waste disposal or treatment manifests. The contaminated soils assessment and remediation program, if necessary, shall be submitted and approved by the City’s Community Development Department and applicable regulatory oversight agency prior to the issuance of project grading permits. As applicable, the Community Development Department shall ensure implementation of a remediation program according to the measures included therein and as approved by a regulatory oversight agency. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 59 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 27 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments HAZ-6 HAZ-6 Naturally Occurring Asbestos Exposure Avoidance and Minimization: a. Prior to earthwork activities, a site-specific health and safety plan shall be developed per California Occupational Safety and Health Administration (CalOSHA) requirements. The plan shall include appropriate health and safety measures if NOA is detected in soil or bedrock beneath the project site. All construction workers that have the potential to come into contact with contaminated soil/bedrock and groundwater shall be knowledgeable of the requirements in the health and safety plan, which includes proper training and personal protective equipment. The health and safety plan shall prescribe appropriate respiratory protection for construction workers. b. Prior to beginning construction, a soil and bedrock analysis for asbestos using polarized light microscopy and transmission electron microscopy by a qualified laboratory shall be conducted. Samples of soil shall be collected from multiple locations across the site, and bedrock samples shall be collected from locations where excavation into bedrock is anticipated. If NOA is detected, appropriate regulations pertaining to excavation, removal, transportation, and disposal of NOA shall be followed. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). c. During earthwork activities, appropriate procedures shall be incorporated in the event that NOA is detected in soil or bedrock beneath the project site. These procedures shall be followed to eliminate or minimize construction worker or general public exposure to potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover The measures to avoid and minimize exposure to NOA shall be included on project grading and building plans, and submitted to and approved by the City’s Community Development Department and, as applicable, California Professional Geologist prior to the issuance of project grading and building permits. As applicable, the Community Development Department shall ensure implementation of avoidance and minimization measures included therein and as approved by a California Professional Geologist. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 60 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 28 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). These procedures may be subject to San Luis Obispo APCD requirements under the California ARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. Hydrology and Water Quality HWQ-1(a) Stormwater Pollution Prevention Plan. All required actions shall be implemented pursuant to a SWPPP and SWMP to be prepared by the project applicant and submitted by the City to the Regional Water Quality Control Board under the NPDES Phase II program. At a minimum, the SWPPP/SWMP shall including the following BMPs: • The use of sandbags, straw bales, and temporary de- silting basins during project grading and construction during the rainy season to prevent discharge of sediment-laden runoff into stormwater facilities; • Revegetation as soon as practicable after completion of grading to reduce sediment transport during storms; • Installation of straw bales, wattles, or silt fencing at the base of bare slopes before the onset of the rainy season (October 15th through April 15th); • Installation of straw bales, wattles, or silt fencing at the project perimeter and in front of storm drains before the onset of the rainy season (October 15th through April 15th); and/or • Alternative BMPs as approved by the RWQCB as part of the SWPPP submittal. The project applicant shall prepare a SWPPP and SWMP that identifies construction- related staging and maintenance areas, and at a minimum, the BMPs identified in Mitigation Measure HWQ- 1(a). The SWPPP and notices shall be submitted for review and approval by the City prior to the initiation of construction. The SWPPP/SWMP shall be designed to address erosion and sediment control during all phases of development of the site until all disturbed areas are permanently stabilized. The City shall ensure compliance with the SWPPP. A Geotechnical Engineer or an Engineering Geologist shall be made available to monitor technical aspects of the grading activities, including installation of the drainage outlets and associated headwalls and aprons. The City shall also inspect the site during grading to monitor runoff and after conclusion of grading activities. City of San Luis Obispo Community Development Department. HWQ-1(b) Berms and Basins. As specified in the SWPPP, the applicant shall be required to manage and control runoff by constructing temporary berms, sediment basins, runoff diversions, or alternative BMP’s as approved by the RWQCB as part of the SWPPP submittal, in order to avoid unnecessary siltation into local streams during construction activities where grading and construction shall occur in the vicinity of such streams. The applicant shall include required berms and basins on project design plans which must be reviewed and approved by the City prior to the approval of the VTTM. The City shall ensure compliance with runoff control requirements. A Geotechnical Engineer or an Engineering Geologist shall be made available to monitor technical aspects of the grading activities, including installation of the berms and basins. The City City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 61 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 29 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments • Berms and basins shall be constructed when grading commences and be periodically inspected and maintained. The project applicant shall sufficiently document, to the CCRWQCB satisfaction, the proper installation of such berms and basins during grading. shall also inspect the site during grading to monitor runoff and after conclusion of grading activities. HWQ-1(c) Concept Grading Plan and Master Drainage Plan. As specified in the SWPPP and the City’s Floodplain Management Regulations, the applicant shall be required to submit a Grading Plan and Master Drainage Plan to the Planning Division and City Public Works Director for approval prior to approval of the VTTM. The grading and drainage plans shall be designed to minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the project’s SWPPP. The plans shall include the following: a. Graded areas shall be revegetated with deep-rooted, native, non-invasive drought tolerant species to minimize slope failure and erosion potential. Geotextile fabrics shall be used if necessary to hold slope soils until vegetation is established; b. Temporary storage of construction equipment shall be limited to a minimum of 100 feet away from drainages on the project site; and c. Erosion control structures shall be installed. d. Demonstrate peak flows and runoff for each phase of construction. e. Be coordinated with habitat restoration efforts, including measures to minimize removal of riparian and wetland habitats and trees (Mitigation Measures BIO-2[a] and BIO-2[b]). f. Grading and drainage plans shall be submitted for review and approval by the Planning Division. The applicant shall ensure installation of erosion control structures prior to beginning of construction of any structures, subject to review and approval by the City. The project applicant shall prepare a Grading Plan and Master Drainage Plan. The Grading Plan and Master Drainage Plan shall be submitted for review and approval by the City prior to the approval of the VTTM. The grading and drainage plans shall be designed to minimize erosion and water quality impacts, to the extent feasible, and shall be consistent with the project’s SWPPP. The City shall ensure compliance with the grading and drainage plans. A Geotechnical Engineer or an Engineering Geologist shall be made available to monitor technical aspects of the grading activities, including installation of the drainage outlets and associated headwalls and aprons. The City shall also inspect the site during grading to monitor runoff and after conclusion of grading activities. City of San Luis Obispo Community Development Department. HWQ-3(a) Stormwater Quality Treatment Controls. BMP devices shall be incorporated into the stormwater quality system depicted in the Master Drainage Plan (refer to Mitigation Measure HWQ-1[c]). The final design of the stormwater quality system shall be reviewed and approved by the City. BMP devices shall be incorporated into the stormwater quality system depicted in the Master Drainage Plan (refer to Mitigation Measure HWQ- 1[c]). The final design of the The applicant shall demonstrate inclusion of BMPs within the VTTM, Utilities Plan, and Master Drainage Plan, which shall be submitted for review and approval by the City prior to Development Plan approval and City of San Luis Obispo Community Development Department and Public Works Resolution No. 10927 (2018 Series)Page 62 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 30 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments The Master Drainage Plan shall contain the following relevant BMPs: • Vegetated bioswales to reduce sediment and particulate forms of metals and other pollutants along corridors of planted grasses. • Vegetated buffer strips to reduce sediment and particulate forms of metals and nutrients. stormwater quality system shall be reviewed and approved by the City. VTTM recordation. Department. HWQ-3(b) Stormwater BMP Maintenance Manual. The project applicant shall prepare a development maintenance manual for the stormwater quality system BMPs (refer to Mitigation Measure HWQ-3[a]). The maintenance manual shall include detailed procedures for maintenance and operations of all stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned, and maintained in accordance with the manufacturer’s maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. The project applicant shall prepare a development maintenance manual for the stormwater quality system BMPs according to the specifications in this measure. The maintenance manual shall be submitted for review and approval by the City prior to Development Plan approval and VTTM recordation. City of San Luis Obispo Community Development Department and Public Works Department. HWQ-3(c) Stormwater BMP Semi-Annual Maintenance Report. The property manager(s) or acceptable maintenance organization shall submit to the City of San Luis Obispo Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and May 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. The property manager(s) or acceptable maintenance organization shall submit to the City of San Luis Obispo Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and May 15th of each year) The maintenance reports shall be submitted for review and approval by the City on a semi- annual basis and shall be included with the VTTM recordation. City of San Luis Obispo Community Development Department and Public Works Department. HWQ-4 Conditional Letter of Map Revision/Letter of Map Revision. The applicant, in conjunction with the City of San Luis Obispo, shall prepare the CLOMR application and obtain a LOMR from FEMA. The applicant shall prepare the CLOMR application and submit it to FEMA. The City will confirm that FEMA has approved the CLOMR prior to issuance of a grading permit, and LOMR prior to occupancy. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 63 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 31 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Noise N-1(a) Construction Vehicle Travel Route. Construction vehicles and haul trucks shall utilize roadways which avoid residential neighborhoods and sensitive receptors where possible. The applicant shall submit a proposed construction vehicle and hauling route for City review and approval prior to grading/building permit issuance. The approved construction vehicle and hauling route shall be used for soil hauling trips prior to construction as well as for the duration of construction. Construction plans shall note construction hours and truck routes, and shall be submitted to the City for approval prior to grading and building permit issuance for each project phase. The Community Development department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. City staff shall ensure compliance throughout all construction phases. Building inspectors and permit compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. City of San Luis Obispo Community Development Department. N-1(b) Construction Activity Timing. Except for emergency repair of public service utilities, or where an exception is issued by the Community Development Department, no operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work shall occur daily between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA for multi-family residential, and 85 dBA for mixed residential/commercial land uses across a residential or commercial property line. Construction plans shall note construction hours and shall be submitted to the City for approval prior to grading and building permit issuance for each project phase. Schedule and neighboring property owner notification mailing list shall be submitted 10 days prior to initiation of any earth movement. The Community Development department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. All construction workers shall be briefed at a pre- construction meeting on construction hour limitations. A workday schedule will be adhered to for the duration of construction for all phases. City staff shall ensure compliance throughout all construction phases. Building inspectors and permit compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. City of San Luis Obispo Community Development Department. N-1(c) Construction Equipment Best Management Practices (BMPs). For all construction activity at the project site, noise attenuation techniques shall be employed to ensure that noise levels are maintained within levels allowed Construction plans shall note construction Best Management Practices (BMPs) and shall be submitted City staff shall ensure compliance throughout all construction phases. Building inspectors and permit City of San Luis Obispo Community Development Resolution No. 10927 (2018 Series)Page 64 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 32 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include: • Sound blankets on noise-generating equipment. • Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with barriers that meet a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. • All diesel equipment shall be operated with closed engine doors and shall be equipped with factory- recommended mufflers. • For stationary equipment, the applicant shall designate equipment areas with appropriate acoustic shielding on building and grading plans. Equipment and shielding shall be installed prior to construction and remain in the designated location throughout construction activities. • Electrical power shall be used to power air compressors and similar power tools. • The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). • Temporary sound barriers shall be constructed between construction sites and affected uses. to the City for approval prior to grading and building permit issuance for each project phase. BMPs shall be identified and described for submittal to the City for review and approval prior to building or grading permit issuance. BMPs shall be adhered to for the duration of the project. The applicant shall provide and post signs stating these restrictions at construction site entries. Signs shall be posted prior to commencement of construction and maintained throughout construction. Schedule and neighboring property owner notification mailing list shall be submitted 10 days prior to initiation of any earth movement. The Community Development department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. All construction workers shall be briefed at a pre- construction meeting on how, why, and where BMP measures are to be implemented. A workday schedule will be adhered to for the duration of construction for all phases. compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. Department. N-4(a) HVAC Equipment. Retail HVAC equipment shall be shielded and located on building rooftops, or a minimum of 100 feet from the nearest residential property line. These requirements shall be incorporated into project site plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of operating permits. The Community Development Department shall site inspect to ensure development is in City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 65 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 33 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments accordance with approved plans prior to occupancy clearance. Community Development staff shall verify compliance in accordance with approved building plans. N-4(b) Parking Lot/Loading Dock Orientation and Noise Barrier. If parking areas or loading docks would be located within 250 feet of the residential properties to the west, a masonry noise barrier shall be installed along the eastern boundary of the proposed residences adjacent to the commercial land use area on the eastern portion of the project site. The noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. These requirements shall be incorporated into project site plans submitted for approval before the issuance of grading and building permits. The Community Development Department shall verify compliance prior to issuance of operating permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify compliance in accordance with approved building plans. City of San Luis Obispo Community Development Department. N-5(a) Interior Noise Reduction. The project applicant shall implement the following measures, or similar combination of measures, which demonstrate that interior noise levels in proposed residences adjacent to Froom Ranch Way and Madonna Road, hotel, and offices would be reduced below the City’s 45 dBA CNEL interior noise standard. The required interior noise reduction shall be achieved through a combination of standard interior noise reduction techniques, which may include (but are not limited to): • In order for windows and doors to remain closed, mechanical ventilation such as air conditioning shall be provided for all units (Passive ventilation may be provided, if mechanical ventilation is not necessary to achieve interior noise standards, as demonstrated by a qualified acoustical consultant). • All exterior walls shall be constructed with a minimum STC rating of 50, consisting of construction of 2 inch by 4 inch wood studs with one layer of 5/8 inch Type “X” gypsum board on each side of resilient channels on 24 inch centers and 3 ½ inch fiberglass insulation. • All windows and glass doors shall be rated STC 39 or higher such that the noise reduction provided will satisfy the interior noise standard of 45 dBA CNEL. These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 66 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 34 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments • An acoustical test report of all the sound-rated windows and doors shall be provided to the City for review by a qualified acoustical consultant to ensure that the selected windows and doors in combination with wall assemblies would reduce interior noise levels sufficiently to meet the City’s interior noise standard. • All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall have at least two 90 degree turns in the duct. • All windows and doors shall be installed in an acoustically-effective manner. Sliding window panels shall form an air-tight seal when in the closed position and the window frames shall be caulked to the wall opening around the perimeter with a non-hardening caulking compound to prevent sound infiltration. Exterior doors shall seal air-tight around the full perimeter when in the closed position. The applicant shall submit a report to the Community Development Department by a qualified acoustical consultant certifying that the specific interior noise reduction techniques included in residential, hotel, and office components of the project would achieve interior noise levels that would not exceed 45 dBA CNEL. N-5(b) Residential Outdoor Activity Area Noise Attenuation. Outdoor activity areas (e.g., patios and hotel pool areas) associated with shared multifamily residential recreational spaces, hotel, commercial, and office uses shall be protected from sound intrusion so that they meet the City’s exterior standard of 60 dBA CNEL. Outdoor activity areas shall be oriented away from traffic noise such that intervening buildings reduce traffic noise or shall include noise barriers capable of reducing traffic noise levels to meet the City’s exterior standard. Hotel pool areas shall be located a minimum of 500 feet from the U.S. 101 right-of- way. Noise barriers may be constructed of a material such as tempered glass, acrylic glass, or masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. The applicant shall submit a report to the Community Development Department by a qualified acoustic consultant certifying that the specific outdoor noise reduction techniques in combination with the orientation of outdoor activity areas of shared multifamily residential recreational spaces, hotel, commercial, and offices would achieve exterior noise levels that would not These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 67 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 35 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments exceed 60 dBA CNEL. N-5(c) Froom Ranch Way Noise Barrier. A masonry noise barrier or alternative barrier, such as a landscaped berm, shall be installed along the southern property line of residential lots that abut Froom Ranch Way to protect outdoor activity areas (patios and pools) at these residences from sound intrusion from traffic along Froom Ranch Way. The noise barrier or berm shall provide, at minimum, a 6 foot high barrier between Froom Ranch Way and the neighboring residences from the final grade of whichever use (i.e., Froom Ranch Way or residences) has a higher final elevation. If a masonry noise barrier is implemented, the noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community Development Department by a qualified acoustical consultant certifying that the specific exterior noise reduction techniques included would achieve exterior noise levels that would not exceed 60 dBA CNEL. These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. City of San Luis Obispo Community Development Department. N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the hotel includes an outdoor activity area (such as a patio or pool) a masonry noise barrier or alternative barrier, such as berms, landscaping, or glass, must be installed along the eastern property line of the hotel where it abuts the U.S. 101 right of way to protect these outdoor activity areas from sound intrusion from traffic along U.S. 101. If a masonry noise barrier is implemented, the noise barrier shall provide, at minimum, an 8 foot high barrier between U.S. 101 and the hotel from the final grade of whichever use (i.e., U.S. 101 or hotel) has a higher final elevation. Such a noise barrier shall be constructed of any masonry material with a surface density of at least three pounds per square foot, and shall have no openings or gaps. If an alternative material is used, the developer shall submit a report to the Community Development Department by a qualified acoustical consultant demonstrating that the specific exterior noise reduction techniques included in the hotel component of the project would achieve exterior noise levels that would not exceed 60 dBA CNEL. These requirements shall be incorporated into all construction documents submitted for approval before the issuance of grading permits. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. City of San Luis Obispo Community Development Department. Resolution No. 10927 (2018 Series)Page 68 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 36 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Recreation REC-1 Parkland In-lieu Fees. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program for the parkland shortage. The project’s specific fee shall be determined by the City at the time of project approval, after accounting for parkland provided within the San Luis Ranch Specific Plan Area. The in-lieu fees collected from the project shall be directed to new projects or improvements to existing parks and recreation facilities within the City of San Luis Obispo parks system. The project applicant shall pay parkland in-lieu fees in accordance with the City’s parkland in-lieu fee program prior to Development Plan approval. The Parks and Recreation Department shall verify compliance prior to Plan approval. City of San Luis Obispo Parks and Recreation Department. Transportation Madonna Road & Dalidio Drive/Prado Road Intersection 1. Extend existing westbound left turn lane on Madonna Road to Dalidio Drive/Prado Road to 310’ 2. Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio Drive/Prado Road 3. Install eastbound 250’ right turn pocket on Madonna Road to Dalidio Drive/Prado Road 4. Install 2nd northbound left shared with through-lane on Prado Road/Dalidio Drive to Madonna Road 5. Prohibit westbound U-turns on Madonna Road 6. Provide split phase operations & optimize signal timing Implementation of improvements shall occur prior to building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Los Osos Valley Road & Froom Ranch Way Intersection 1. Install dedicated 230’ right turn lane on northbound Froom Ranch Way approach to Los Osos Valley Road 2. Extend right turn lane on southbound Froom Ranch Way approach to Los Osos Valley Road to 110’ 3. Install 2nd southbound left turn lane on Froom Ranch Way approach to eastbound Los Osos Valley Road Implementation of improvements shall occur with Froom Bridge construction. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Los Osos Valley Road & Auto Parkway Intersection 1. Pay Fair Share Impact fees for Signalization (Prior to Building Permits or Occupancy) 2. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Resolution No. 10927 (2018 Series)Page 69 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 37 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Luis Ranch Development Agreement). 3. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) occupancy. Los Osos Valley Road & U.S. 101 Southbound Off Ramp 1. Extend off ramp left turn lane to 320’ Implementation of improvements shall occur by building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Los Osos Valley Road & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Madonna & U.S. 101 Southbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) 3. Extend northbound Madonna Road left turn lane to 150’ (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP and Madonna ramp extension to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Madonna & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Resolution No. 10927 (2018 Series)Page 70 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 38 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) TDMP to be established prior to building permits or occupancy. Madonna & Higuera Street 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Madonna & Los Osos Valley Road 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Higuera Street & Tank Farm Road 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) 3. Extend northbound right turn pocket to 230’ and channelize movement (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP and extended NB right turn pocket to be completed prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Resolution No. 10927 (2018 Series)Page 71 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 39 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments Prado Road & Higuera Street Intersection 1. Install 2nd U.S. 101 northbound left turn lane 2. Extend westbound right turn pocket to 400’ Implementation of improvements shall occur by building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Los Osos Valley Road & Higuera Street 1. Extend eastbound right turn lane to 180’ Implementation of improvements shall occur by building permits or occupancy. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Install Multilane Roundabout at Prado/Dalidio & Froom Intersection Implementation of improvements shall occur with Prado/Dalidio Road construction. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Install Multilane Roundabout Control or Restricted Access at Prado Road/Dalidio Drive & Project Driveways Implementation of improvements shall occur with Prado/Dalidio construction. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. Parallel Class I Multiuse Paths or Bike Boulevard Fair Share Payment: 1. Higuera Street (Madonna Road to Prado Road) 2. Los Osos Valley Road (Madonna Road to Higuera Street) 3. Madonna Road (Los Osos Valley Road to Higuera Street) Construct: 4. Prado Road/Dalidio Drive (Froom Ranch Way to Higuera Street) Payment of fair share for implementation identified improvements shall occur per Development Agreement. Implementation of Prado Road/Dalidio Drive improvement shall occur with Prado construction. City Public Works staff shall ensure implementation of this measure. City of San Luis Obispo Public Works Department. City Transit Headway Optimization 1. Fund assessment of decreasing traffic headways to 25 min Implementation of improvements shall be ongoing as determined necessary by City Public Works. City Public Works staff shall ensure implementation of these improvements following approval of the final design plans for the Specific Plan Area. City of San Luis Obispo Public Works Department. City Signal Timing Optimization Implementation of improvements shall be City Public Works staff shall ensure implementation of these City of San Luis Obispo Public Resolution No. 10927 (2018 Series)Page 72 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 40 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments ongoing as determined necessary by City Public Works. improvements following approval of the final design plans for the Specific Plan Area. Works Department. Traffic Calming and/or Reconfiguration of New Neighborhood Streets The project applicant shall include neighborhood traffic circles at key intersections and traffic-calming features on final design plans for development within the Specific Plan Area. City Public Works staff shall confirm inclusion of neighborhood traffic circles at key intersections and traffic- calming features, and approve final design plans prior to issuance of grading permits. City of San Luis Obispo Public Works Department. Froom Ranch Way Bridge Construction The Froom Ranch Way bridge connection shall be completed prior to any residential or non- residential building permits or occupancy permits. City Public Works staff shall confirm implementation of this measure. City of San Luis Obispo Public Works Department. Construction Traffic Management Plan The project applicant shall submit the construction traffic management plan for review and approval by the City prior to the initiation of construction. The City shall ensure compliance with the construction traffic management plan through routine monitoring throughout all phases of project construction. City of San Luis Obispo Public Works Department. Madonna & Los Osos Valley Road 1. City optimize signal timing to accommodate increased project volumes Ongoing by City. City Public Works staff shall monitor timing as needed. City of San Luis Obispo Public Works Department. Madonna Road & Oceanaire Drive 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Higuera Street & South Street 1. City optimize signal timing to accommodate increased Ongoing by City. City Public Works staff shall monitor timing as needed. City of San Luis Obispo Public Resolution No. 10927 (2018 Series)Page 73 R 10927 San Luis Ranch Project EIR Mitigation Monitoring and Reporting Program (updated June 2018) City of San Luis Obispo 41 Mitigation Measure/Condition of Approval Plan Requirements and Timing Monitoring Responsible Agency or Party Compliance Verification Initial Date Comments project volumes Works Department. Prado & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. North of Prado & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. North of Madonna & U.S. 101 Northbound Off Ramp 1. Pay Fair share costs and dedicate necessary ROW for construction of the Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as established in San Luis Ranch Development Agreement). 2. Develop a Travel Demand Management Plan consistent with section 2.4.3 and to the satisfaction of the Public Works Director (Prior to Building Permits or Occupancy) The developer shall pay fair share mitigation fees in accordance with a City- adopted funding mechanism consistent with the Development Agreement. TDMP to be established prior to building permits or occupancy. City Public Works staff shall confirm payment of applicable fees, dedication of ROW, and completion of TDMP. City of San Luis Obispo Public Works Department. Resolution No. 10927 (2018 Series)Page 74 R 10927