HomeMy WebLinkAboutPC-1006-17 (GENP-1319-2015 SBDV-2042-2015 -- 175 Venture Drive)RESOLUTION NO. PC-1006-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR, AND APPROVAL OF, THE
AVILA RANCH DEVELOPMENT PLAN, AIRPORT AREA SPECIFIC
PLAN AMENDMENT, GENERAL PLAN AMENDMENT, REZONE, AND
VESTING TENTATIVE TRACT MAP NO. 3089 FOR PROPERTY
LOCATED AT 175 VENTURE DRIVE, AS REPRESENTED IN THE STAFF
REPORTS AND ATTACHMENTS DATED AUGUST 9, 2017 (175
VENTURE DRIVE, GENP-1319-2015; SPEC/ER-1318-2015; SBDV-2042-
2015 a.k.a. “AVILA RANCH PROJECT”)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on the Avila Ranch project June 28, June 29, July 12, and August 9, 2017; and
WHEREAS, the Planning Commission hearings were for the purpose of formulating and
forwarding recommendations to the City Council of the City of San Luis Obispo regarding the
project; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
San Luis Obispo to recommend to the City Council certification of the Final Environmental Impact
Report (EIR) and approval of the Avila Ranch Development Plan, Airport Area Specific Plan
Amendment, General Plan Amendment, Rezone, and Vesting Tentative Tract Map (“Avila Ranch
Project”). This resolution is based on the following CEQA Findings, Mitigation Measures,
Development Plan Modifications, and Map Conditions, with associated project findings:
Section 1. CEQA Findings, Mitigation Measures and Mitigation Monitoring
Program. Based upon all the evidence, the Planning Commission makes the following CEQA
findings in support of the Avila Ranch Project:
1. The Avila Ranch Development Plan Final Environmental Impact Report (FEIR) was
prepared in accordance with the California Environmental Quality Act (CEQA) and the
State CEQA Guidelines, adequately addressing impacts associated with the proposed
project; and
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 2
2. The proposed project is consistent with the requirements of the Avila Ranch Development
Plan Final Environmental Impact Report (FEIR) as proposed based on the attached
Findings and Statement of Overriding Considerations prepared consistent with CEQA
Guidelines Sections 15091 and 15093, and this approval incorporates those FEIR
mitigation measures as applicable to VTM #3089, as detailed below, and described more
fully in the attached “Findings of Fact and Statement of Overriding Considerations”
document.
3. All potentially significant effects were analyzed adequately in the referenced FEIR, and
reduced to the extent feasible, provided the following mitigation measures are
incorporated into the project and the mitigation monitoring program.
AVILA RANCH FEIR MITIGATION MEASURES
Agricultural Resources Mitigation
Mitigation Measure AG-1: The Applicant shall establish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City’s priority is that such agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implemented using one of the following options:
a. The Applicant shall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, within the City of San Luis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall
identify and purchase or place in a conservation easement a parcel of land of at least
71 acres of equal quality farmland, or provide in-lieu fees to allow the City to complete
such an acquisition.
b. If no suitable parcel exists within the City limits, the Applicant shall identify and
purchase or place in a conservation easement a parcel of farmland, of equal quantity
and quality, within the
City’s Sphere of Influence that is threatened by development of nonagricultural uses.
The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere of Influence). The Applicant may also provide
in-lieu fees to allow the City to complete such an acquisition.
c. In the event that no suitable land is available within the City limits or City’s Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement
a parcel of farmland, of equal quantity and quality, within the City’s urban reserve or
greenbelt that is threatened by development of nonagricultural uses. This parcel shall
be placed in an agricultural conservation easement (refer to Figure 1 in the Land Use
Element for City Planning Area). The Applicant may also provide in-lieu fees to allow
the City to complete such an acquisition. In the event that no suitable land for an
agricultural conservation easement is available for purchase within the City limits, the
City’s Sphere of Influence, or urban reserve or greenbelt Planning Area, the Applicant
shall identify and purchase or place in a conservation easement a parcel of farmland,
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 3
of equal quantity and quality, within County lands (e.g., agricultural lands north and
south of Buckley Road) that is considered to be threatened by the conversion to
nonagricultural use. This parcel shall be placed in an agricultural conservation
easement. The Applicant may also provide in lieu fees to allow the City to complete
such an acquisition. The Applicant shall demonstrate that such land is as close in
proximity to the City as feasible.
Mitigation Measure AG-2a: To address potential agricultural land use conflicts, the Applicant
shall coordinate with the City and County to fund installation of fencing and signs along Buckley
Road to minimize potential for increases in trespass and vandalism of adjacent agricultural areas.
Along the south side of Buckley Road, the use of three strand barbwire fencing would be
acceptable. Along the north side of the Buckley Road extension bordering the Class I bike path,
spit rail fencing shall be installed or other fencing acceptable to the County.
Mitigation Measure AG-2b: To reduce the potential for noise, dust, and pesticide drift to affect
future Project residents, the Applicant shall ensure that Project landscape plans include planting
of a windrow of trees and shrubs along the proposed southern landscape berm and eastern Project
site boundary at a sufficient density to buffer the site from surrounding agricultural operations.
Mitigation Measure AG-2c: To augment the existing 100-foot agricultural buffer to the Caltrans
property to the west of the Project site, the Applicant shall add a 20-foot hedgerow/windrow of
trees and vegetation along the east side of Vachell Lane.
AIR QUALITY MITIGATION
AQ-1a: A Construction Activity Management Plan (CAMP) shall be included as part of Project
grading and building plans and shall be submitted to the APCD and to the City for review and
approval prior to the start of construction. In addition, the contractor or builder shall designate a
person or persons to monitor the dust control program and to order increased watering, as
necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone of such persons shall be
provided to the APCD prior to land use clearance for map recordation and grading. The plan shall
include but not be limited to the following elements:
1. A Dust Control Management Plan that encompasses the following dust control measures:
a. Reduce the amount of disturbed area where possible;
b. Water trucks or sprinkler trucks shall be used during construction to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum,
this would require twice-daily applications. All dirt stock pile areas should be sprayed
daily as needed. Increased watering frequency would be required when wind speeds
exceed 15 miles per hour (mph). Reclaimed water or the onsite water well (non-
potable) shall be used when possible. 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;
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 4
c. All dirt stock-pile areas shall be sprayed daily as needed;
d. Permanent dust control measures identified in the approved Project revegetation and
landscape plans should be implemented as soon as possible following completion of
any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating native grass seed and watered
until vegetation is established;
f. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard in accordance with California Vehicle Code
Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible;
l. All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
m. The contractor or builder shall designate a person or persons to monitor the fugitive
dust control 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 holiday and weekend
periods when work may not be in progress. The name and telephone number of such
persons shall be provided to the APCD Compliance Division prior to the start of any
grading, earthwork or demolition.
2. Implementation of the following BACT for diesel-fueled construction equipment, where
feasible. The BACT measures shall include:
a. Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;
b. Repowering equipment with the cleanest engines available; and
c. Installing California Verified Diesel Emission Control Strategies.
3. Implementation of the following standard air quality measures to minimize diesel emissions:
a. Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
b. Fuel all off-road and portable diesel-powered equipment with CARB-certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road).
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 5
c. Use diesel construction equipment meeting CARB’s Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines and comply with the State On-Road
Regulation;
e. 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;
f. On- and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers and
operators of the five-minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors in not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and,
k. Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
4. Tabulation of on- and off-road construction equipment (age, horse-power, and miles and/or
hours of operation);
5. Schedule construction truck trips during non-peak hours (as determined by the Public Works
Director) to reduce peak hour emissions;
6. Limit the length of the construction work-day period; and
7. Phase construction activities, if appropriate.
AQ-1b: 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, such as Benjamin Moore Natura Paint
(Odorless, Zero VOC Paint). The Applicant or builder shall consider additional measures to reduce
daily and quarterly ROG and NOx levels related to architectural coatings, such as extending
coating applications by limiting daily coating activities.
AQ-1c: In order to further reduce Project air quality impacts, an offsite mitigation strategy shall
be developed and agreed upon by the developer, City, and APCD at least three months prior to the
issuance of grading permits, including added funding for circulation improvements and transit
operations. Such funding may be in the form of cash payment or included as part of the obligation
of the Community Facilities District. The Applicant shall provide this funding at least two months
prior to the start of construction to help facilitate emission offsets that are as real-time as possible.
Offsite mitigation strategies shall include one or more of the following:
a. Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit
buses;
b. Purchase VDECs for transit buses; and
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 6
c. Fund expansion of existing SLORTA transit services.
AQ-2a: The Applicant shall include the following:
a. Water Conservation Strategy: The Applicant shall install fixtures with the EPA
WaterSense Label, achieving 20 percent reduction indoor. The Project shall install drip,
micro, or fixed spray irrigation on all plants other than turf, also including the EPA
WaterSense Label, achieving 15 percent reduction in outdoor landscaping.
b. Solid Waste: The Applicant shall institute recycling and composting services to achieve
a 15 percent reduction in waste disposal, and use waste efficient landscaping.
c. Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area
disturbed in accordance with CARB Rule 403.
d. Energy Conservation Strategy: The Applicant shall install additional solar and
alternative energy features (e.g., solar panels on commercial buildings; solar canopies
over commercial parking areas).
AQ-2b. Consistent with standard mitigation measures set forth by the APCD, Projects generating
more than 50 lbs./day of combined ROG + NOx or PM10 shall implement all feasible measures
within Table 3-5 of the Air Quality Handbook.
BIOLOGICAL RESOURCES MITIGATION
BIO-1a. The Applicant shall prepare and implement a Biological Mitigation Plan that identifies
construction-related staging and maintenance areas and includes Project-specific construction best
management practices (BMPs) to avoid or minimize impacts to biological resources, including all
measures needed to protect riparian woodland along Tank Farm Creek, minimize erosion, and
retain sediment on the Project site. Such BMPs shall include (but not be limited to) the following:
1. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek, and shall
be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20-foot 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.
4. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, w hichever is
sooner) 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 creek banks.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 7
5. Construction equipment shall be inspected at the beginning of each work day to ensure that no
wildlife species is residing within any construction equipment (e.g., species have not climbed
into wheel wells, engine compartments, or under tracks since the equipment was last parked).
Any sensitive wildlife species found during inspections shall be gently encouraged to leave the
Project site by a qualified biologist or otherwise trained and City-approved personnel.
6. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
7. All trash and construction debris shall be picked up and properly disposed at the end of each
day and waste dumpsters shall be covered with plastic sheeting at the end of each workday and
during storm events. All sheeting shall be carefully secured to withstand weather conditions.
8. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank Farm
Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to sediment
basins designed to retain all sediment onsite.
9. Concrete truck and tool washout should occur in a designated location such that no runoff will
reach the creek.
10. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife species
found during inspections shall be gently encouraged to leave the Project site by a qualified
biologist or otherwise trained and City-approved personnel. Trenches will remain open for the
shortest period necessary to complete required work.
Existing facilities and disturbed areas shall be used to the maximum extent possible to minimize
the amount of disturbance of undeveloped areas and all construction access roads and staging areas
shall be located to avoid high quality habitat and minimize habitat fragmentation.
BIO-1b. The Applicant shall retain a qualified Environmental Monitor, subject to review and
approval by the City and in consultation with CDFW, RWQCB, and USFWS to oversee
compliance of the construction activities with the Biological Monitoring Plan and applicable laws,
regulations, and policies. The Environmental Monitor shall monitor all construction activities,
conduct a biological resources education program for all construction workers prior to the
initiation of any clearing or construction activities, and provide quarterly reports to the City
regarding construction activities, enforcement issues and remedial measures. The Environmental
Monitor shall be responsible for conducting inspections of the work area each work day to ensure
that excavation areas, restored habitats, and open water habitats in the area do not have oil sheen,
liquid oil, or any other potential exposure risk to wildlife. If any exposure risk is identified, the
Environmental Monitor shall implement measures that could include, but are not limited to,
hazing, fencing, and wildlife removals to eliminate the exposure risk.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 8
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
BIO-2b. The Biological Mitigation Plan shall provide details on timing and implementation of
required habitat restoration and shall be prepared in consultation with the City’s Natural Resource
Manager and CDFW. A copy of the final plan shall be submitted to the City for review and
approval. The plan shall be implemented by the Project Applicant, under supervision by the City
and Environmental Monitor, and:
1. Characterize the type, species composition, spatial extent, and ecological functions and values
of the wetland and riparian habitat that will be removed, lost, or damaged.
2. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soil, plants, and other materials
that will be necessary for successful habitat replacement, and a description of planting methods,
location, spacing, erosion protection, and irrigation measures that will be needed. Restoration
and habitat enhancement shall include use of appropriate native species and correction of bank
stabilization issues. Wetland restoration or enhancement areas shall be designed to facilitate
establishment of wetland plants such as willows, cottonwoods, rushes, and creeping wild rye.
3. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BIO-2c through 2e below and the findings in the Biological
Report (Appendix I).
4. Describe the program that will be used for monitoring the effectiveness and success o f the
habitat replacement approach.
5. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
6. Describe the criteria that will be used to evaluate the effectiveness and success of the habitat
replacement approach.
7. Indicate the timing and schedule for the planting of replacement habitat.
8. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible. Habitats
suitable for Congdon’s tarplant and other native wetland species shall be created onsite. If
Congdon’s tarplant is found in areas proposed for disturbance, the affected individuals shall
be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area. A
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 9
management plan for the species shall be developed consistent with applicable scientific
literature pertinent to this species.
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite mitigation
area is not practicable, an offsite mitigation plan shall be prepared as part of the Biological
Mitigation Plan and approved by permitting agencies.
10. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat, including
a detailed planting plan and maintenance plans using locally obtained native species and
include habitat enhancement to support native wildlife and plant species.
11. A weed management plan and weed identification list shall be included in the Biological
Mitigation Plan.
12. Habitat restoration or enhancement areas shall be maintained weekly for the first three years
after Phase completion and quarterly thereafter. Maintenance shall include eradication of
noxious weeds found on California Department of Food and Agriculture Lists (CDFA) A and
B. Noxious weeds on CDFA list C may be eradicated or otherwise managed.
13. Mitigation implementation and success shall be monitored quarterly for the first two years after
completion of each Phase, semi-annually during the third year, and annually the fourth and
fifth years. Annual reports documenting site inspections and site recovery status shall be
prepared and sent to the County and appropriate agencies.
BIO-2c. Within the required Biological Mitigation Plan, all temporary and permanent impacts to
riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
1. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
2. Permanent impacts to state jurisdictional areas, including isolated wetlands within agricultural
lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and enhanced
habitat to impacted habitat).
3. Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area of
created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted habitat).
4. 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: removed). Trees measured at 24 inches
or greater 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). Permanent impacts to riparian vegetation shall be mitigated at a 3:1 rati o to ensure no
net loss of acreage and individual plants.
5. Replacement trees shall 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. Replacement plants shall be monitored for 5 years with a goal of
at least 70 percent survival at the end of the 5-year period. Supplemental irrigation may be
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 10
provided during years 1 to 3; however, supplemental watering shall not be provided during the
final two years of monitoring.
BIO-2d. Project design shall be modified to preserve at a minimum the southern 275 feet of the
North-South Creek Segment to protect all existing mature riparian woodland, and the proposed
drainage plan shall be altered to convey remaining surface water flows from areas to the north to
this channel.
BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile sufficient emergent
vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm Creek. Stockpiled
vegetation shall be placed in earthen basins with the roots covered with moist soil and maintained
in a moist condition during construction operations.
[BIO-2f does not apply to the Mitigated Project.]
BIO-2g. A post-construction landscape and restoration report for each phase shall be prepared by
the Environmental Monitor based on as-built drawings and site inspections to document the final
grading, plantings, and habitat restoration activities. The report shall include as-built plans
prepared after restoration, grading, and mitigation habitat plantings are complete. The as -built
plans shall be prepared by landscape and grading contractors.
BIO-2h. Project activities within Tank Farm Creek and drainage channels, including any tree
pruning or removals, any necessary erosion repairs, or culvert removals, shall be performed when
the channel is dry, planned to the satisfaction of the City Engineer and Natural Resource Manager
per City Drainage Manual Standards, and be subject to monitoring by the Environmental Monitor.
BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed soils shall be
hydroseeded at the completion of grading for each construction phase. The seed mix shall contain
a minimum of three locally native grass species and may contain one or two sterile non-native
grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be completed no
later than November 15 of the year in which Project activities occurred. All exposed areas where
seeding is considered unsuccessful after 90 days shall receive a second application or seeding,
straw, or mulch as soon as is practical to reduce erosion.
BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek crossings shall be
placed outside mapped riparian areas and outside the top of the bank of the channel invert. The
Class I bridges shall be located within areas that have little to no riparian vegetation. No
construction activities or equipment shall occur in the stream channel. The placement of the bridge
and footings shall be indicated on the Development Plan, VTM, and Biological Mitigation Plan,
and shall show the bridges’ placement in relation to existing vegetation and the creek channel and
banks.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 11
BIO-3a. The City-approved qualified biologist shall conduct training to all construction personnel
to familiarize construction crews with sensitive species that have the potential to occur within the
Project site. This may include but is not limited to: California red-legged frog, western pond turtle,
Steelhead trout, bats, migratory birds, and Congdon’s tarplant. The educational program shall
include a description what constitutes take, penalties for take, and the guidelines that would be
followed by all construction personnel to avoid take of species during construction activities.
Descriptions of the California red-legged frog and its habits, Congdon’s tarplant, nesting and
migratory birds that may be encountered, and all other sensitive species that have a potential to
occur within the vicinity of Project construction shall be provided. The construction crew foreman
shall be responsible for ensuring that crew members comply with the guidelines and that all new
personnel receive the training before partaking in construction activities.
BIO-3b. The Biological Mitigation Plan shall address wildlife and special status species
movement as follows:
1. Migratory and Nesting Bird Management. Grading and construction activities shall avoid
the breeding season (typically assumed to be from February 15 to August 15) to the extent
practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland habitat. If
Project activities must be conducted during this period, pre-construction nesting bird surveys
shall take place within one week of habitat disturbance associated with each phase, and if active
nests are located, the following shall be implemented:
a. Construction activities within 50 feet of active nests shall be restricted until chicks have
fledged, unless the nest belongs to a raptor, in which case a 200-foot activity restriction
buffer shall be observed.
b. A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of the
buffer zone and make recommendations on additional monitoring requirements. A map
of the Project site and nest locations shall be included with the report.
c. The Project biologist conducting the nesting survey shall have the authority to reduce
or increase the recommended buffer depending upon site conditions and the species
involved. A report of findings and recommendations for bird protection shall be
submitted to the City prior to vegetation removal.
2. Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-
breastheight (DBH), a survey shall be conducted by a CDFW -approved qualified biologist to
determine if any tree proposed for removal or trimming harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost is
found, the qualified biologist 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 shall have similar cavities or crevices to those which are removed, including access,
ventilation, dimensions, height above ground, and thermal conditions. If a bat colony is
excluded from the Project site, appropriate alternate bat habitat shall be installed in the Project
site. To the extent practicable, alternate bat house installation shall be installed near the onsite
drainage.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 12
3. Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall
fund a site survey for Congdon’s tarplant, and: o If Congdon’s tarplant is found in areas
proposed for building, the affected individuals shall be replaced at a 1:1 ratio through seeding
in a suitable conserved natural open space area.
a. A mitigation and monitoring plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species. The plan shall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to
Congdon’s tarplant to a less than significant level.
b. The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon’s tarplant seeds from the site shall be
reintroduced.
4. Sensitive Species Management. Injury or mortality to the California red-legged frog, western
pond turtle, and steelhead shall be avoided. The plan shall include the following measures: pre-
project surveys; worker awareness; cessation of work in occupied areas; relocation (if
necessary) of frogs, turtles, and steelhead from the work area by a professional biologist
authorized by the USFWS and/or CDFW; and monitoring by a qualified biologist during
construction. Necessary permits shall be obtained from the state (CDFW) and federal (USACE
and USFWS) regulatory agencies with jurisdiction. Any other sensitive species observed
during the pre-construction surveys shall be relocated out of harm’s way by the qualified
biologist into the nearest suitable habitat as determined in consultation with the jurisdictional
resource agency outside the disturbance area.
BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek,
drainages, and seasonal wetlands, the Project site shall be surveyed for California red-legged frogs
by a qualified biologist. If any California red-legged frogs are found, work within 25 linear feet in
any direction of the frog shall not start until the frog has been moved from the area. The USFWS
shall be consulted for appropriate action; the Applicant shall obtain a Biological Opinion from the
USFWS and any additional authorization required by other regulatory agencies prior to the
commencement of work. The USFWS-qualified biologist, Environmental Monitor, or USFWS
personnel may determine that frog-exclusion fencing is necessary to prevent overland movement
of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion fencing should
contain no gaps and must extend at least 18 inches above ground; fences may be opened during
periods of no construction (e.g., weekends) to prevent entrapment.
BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank Farm Creek,
drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed for western
pond turtles by a qualified biologist. If any western pond turtles are found, work shall cease until
the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor all
ground-breaking work conducted within 50 feet of western pond turtle habitat. The City-approved
biologist Environmental Monitor may determine that silt fencing shall be installed adjacent to
western pond turtle habitat if concerns arise that the western pond turtle overland movement could
allow them to access construction areas.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 13
[BIO-3e does not apply to the Mitigated Project.]
BIO-4. The required Biological Mitigation Plan shall address bat colonies for the Buckley Road
Extension site. Bat surveys shall be conducted in buildings proposed for demolition. If surveys
determine bats are present, bat exclusion devices shall be installed between August and November,
and building demolition would occur between November and March. If demolition of structures
must occur during the bat breeding season, buildings must be inspected and deemed clear of bat
colonies/roosts within seven days of demolition and an appropriately trained and approved
biologist must conduct a daily site-clearance during demolition. If bats are roosting in a structure
in the Project site during the daytime but are not part of an active maternity colony, then exclusion
measures must include one-way valves that allow bats to get out but are designed so that the bats
may not re-enter the structure.
BIO-5a. All exterior building lights facing Tank Farm Creek shall be hooded to preven t light
spillover into the creek; all residential street lights over 10 feet in height shall be setback a
minimum of 100 feet from the top of the creek bank and hooded and/or directed away from the
creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low voltage and
hooded downward. Artificial light levels within 20 feet of the top of the creek bank shall not exceed
1-foot candle or the lowest level of illumination found to be feasible by the City.
BIO-5b. Tank Farm Creek restoration/enhancement plantings shall include native vegetation, such
as oaks, cottonwoods, willows, and sycamores along the entire length of the Project’s creek
frontage in order to minimize light spillover into the creek.
BIO-6. All work within 100 feet of Tank Farm Creek, including work within the creek setback,
shall occur outside the rainy season (April 15 to October 15, unless approved otherwise by the
RWQCB), during periods when the creek channel is dry and water flows are absent.
CULTURAL RESOURCES MITIGATION
CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall occur prior to the start
of construction to seek buried features and additional diagnostic artifacts. The Applicant shall
retain a Registered Professional Archaeologist familiar with the types of historic and prehistoric
resources that could be encountered within the Project site and a Native American monitor to
supervise the controlled grading, which shall occur in 10-centimeter lifts to culturally sterile
sediments or maximum construction depth (whichever is reached first).
• Any formed tools exposed during grading shall be collected. If archaeological features are exposed
(including but not limited to hearths, storage pits, midden deposits, or structural remains), the
archaeologist shall temporarily redirect grading to another area, so the features can be exposed,
recorded, and sampled according to standard archaeological procedures. Organic remains shall be
dated using the radiocarbon method and the geochemical source and hydration rim thickness of
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 14
any obsidian shall be determined. Technical analyses of plant remains, bone and shell dietary
debris, and other important materials shall also be performed.
• Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the findings
from this research shall be published in an appropriate scientific journal. The Applicant shall fund
all technical reporting and subsequent publication.
CR-2b. Following completion of controlled grading of CA-SLO-2798/H, the Applicant shall
retain a Registered Professional Archaeologist and a Native American consultant to monitor all
further earth disturbances within Phase 5 to ensure that previously unidentified buried
archaeological deposits are not inadvertently exposed and damaged. In the event archaeological
remains are encountered during grading or other earth disturbance, work in the vicinity shall be
stopped immediately and redirected to another location until the Project archaeologist evaluates
the significance of the find pursuant to City Archaeological Resource Preservation Program
Guidelines. If remains are found to be significant, they shall be subject to a Phase 3 mitigation
program consistent with City Guidelines and funded by the Applicant.
CR-3a. Prior to the issuance of building and grading permits for Phase 1, the Applicant shall retain
a City-approved Registered Professional Archaeologist and a Native American monitor to be
present during all ground disturbing activities within the Project site and Buckley Road Extension
site. In the event of any inadvertent discovery of prehistoric or historic-period archaeological
resources during construction, all work within 50 feet of the discovery shall immediately cease (or
greater or lesser distance as needed to protect the discovery and determined in the field by the
Project archaeologist). The Applicant shall immediately notify the City of San Luis Obispo
Community Development Department. The Project archaeologist shall evaluate the significance
of the discovery pursuant to City Archaeological Resource Preservation Program Guidelines prior
to resuming any activities that could impact the site/discovery. If the Project archaeologist
determines that the find may qualify for listing in the CRHR, the site shall be avoided or shall be
subject to a Phase 3 mitigation program consistent with City Guidelines and funded by the
Applicant. Work shall not resume until authorization is received from the City.
CR-3b. Prior to construction, workers shall receive education regarding the recognition of possible
buried cultural remains and protection of all cultural resources, including prehistoric and historic
resources, during construction. Such training shall provide construction personnel with direction
regarding the procedures to be followed in the unlikely event that previously unidentified
archaeological materials, including Native American burials, are discovered during construction.
Training would also inform construction personnel that exclusion zones must be avoided, and that
unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The
training shall be prepared by the Project archaeologist and shall provide a description of the
cultural resources that may be encountered in the Project site, outline steps to follow in the event
that a discovery is made, and provide contact information for the Project archaeologist, Native
American monitor, and appropriate City personnel. The training shall be conducted concurrent
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 15
with other environmental or safety awareness and education programs for the Project, provided
that the program elements pertaining to archaeological resources is provided by a qualified
instructor meeting applicable professional qualifications standards.
GEOLOGICAL RESOURCES (FROM THE INITIAL STUDY)
GEO-1. Design and construction of the buildings, roadway infrastructure and all subgrades shall
be engineered to withstand the expected ground acceleration that may occur at this site. The design
shall take into consideration the soil type, potential for liquefaction, and the most current and
applicable seismic attenuation methods that are available. All on-site structures shall comply with
applicable provisions of the 2010 California Building Code, local codes, and the most recent
California Department of Transportation seismic design standards.
GEO-2. For commercial 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.
GEO-3. A geotechnical study shall be prepared for the project site prior to site development. This
report shall include an analysis of the liquefaction potential of the underlying materials according
to the most current liquefaction analysis procedures. If the site is confirmed to be in an area prone
to seismically-induced liquefaction, appropriate techniques to minimize liquefaction potential
shall be prescribed and implemented. All on-site structures, transportation infrastructure and
subgrades shall comply with applicable methods of State and Local Building Codes and all
transportation infrastructure shall comply with the most current California Department of
Transportation design standards.
Suitable measures to reduce liquefaction impacts could include one or more of the following
techniques, as determined by a registered geotechnical engineer:
a. specialized design of foundations by a structural engineer;
b. removal or treatment of liquefiable soils to reduce the potential for liquefaction;
c. drainage to lower the groundwater table to below the level of liquefiable soil; • in-situ
densification of soils or other alterations to the ground characteristics; or
d. other alterations to the ground characteristics.
GEO-4. The Site Geotechnical Investigation shall include an evaluation of the potential for soil
settlement beneath the project site.
If the project site is identified to be in a high potential for settlement zone based on the Site
Geotechnical Investigation, the building foundations, transportation infrastructure and subgrades
shall be designed by a structural engineer to withstand the existing conditions, or the site shall be
graded in such a manner as to address the condition. Suitable measures to reduce settlement
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 16
impacts could include one or more of the following techniques, as determined by a qualified
geotechnical engineer:
a. excavation and recompaction of on-site or imported soils;
b. treatment of existing soils by mixing a chemical grout into the soils prior to
recompaction; or
c. foundation design that can accommodate certain amounts of differential settlement
such as post tensional slab and/or ribbed foundations designed in accordance with the
California Building Code (CBC).
GEO-5. The Site Geotechnical Investigation shall include an evaluation of the potential for soil
expansion beneath the project site.
If the project site is identified to be in a high expansive soil zone based on the Site Geotechnical
Investigation, the foundations and transportation infrastructure shall be designed by a structural
engineer to withstand the existing conditions, or the site shall be graded in such a manner as to
address the condition. Suitable measures to reduce impacts from expansive soils could include one
or more of the following techniques, as determined by a qualified geotechnical engineer:
a. excavation of existing soils and importation of non-expansive soils; and
b. foundation design to accommodate certain amounts of differential expansion such as
post tensional slab and/or ribbed foundations designed in accordance with the CBC.
GEO-6. The Site Geotechnical Investigation shall include soil parameter analyses to determine
the potential for subsidence at the project site. If the potential for subsidence is found to be
significant, then structural and grading engineering measures shall be implemented to incorporate
the results of the geotechnical study. These measures would be similar to those recommended to
mitigate impacts to soil settlement.
GEO-7. During drought periods, groundwater pumping limitations for the unconsolidated aquifer
underlying the project site shall be assessed and implemented to prevent soil subsidence.
HAZARDOUS AND HAZARDOUS MATERIALS MITIGATION
HAZ-1. Prior to earthwork and demolition activities, a site-specific Health and Safety Plan shall
be developed per California Occupational Safety and Health Administration (Cal/OSHA)
requirements. The Health and Safety Plan shall include appropriate best management practices
(BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA Construction
and Grading Project Form shall be submitted to the APCD prior to grading activities. All
construction employees that have the potential to come into contact with contaminated building
materials and soil/bedrock shall be briefed on the safety plan, including required proper training
and use of personal protective equipment. During earthwork and demolition activities, procedures
shall be followed to eliminate or minimize construction worker or general public exposure to heavy
hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs
within potential demolished materials. Procedures shall include efforts to control fugitive dust,
contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 17
characterization, segregation of contaminated soil from uncontaminated soil, and demolished
materials. The applicable regulations associated with excavation, removal, transportation, and
disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting).
HYDROLOGY AND WATER QUALITY MITIGATION
HYD-1a. Prior to the issuance of any construction/grading permit and/or the commencement of
any clearing, grading, or excavation, the Applicant shall submit a Notice of Intent (NOI) for
discharge from the Project site to the California SWRCB Storm Water Permit Unit.
HYD-1b. The Applicant shall require the building contractor to prepare and submit a Storm Water
Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of work for approval. The
contractor is responsible for understanding the State General Permit and instituting the SWPPP
during construction. A SWPPP for site construction shall be developed prior to the initiation of
grading and implemented for all construction activity on the Project site in excess of one (1) acre,
or where the area of disturbance is less than one acre but is part of the Project’s plan of
development that in total disturbs one or more acres. The SWPPP shall identify potential pollutant
sources that may affect the quality of discharges to storm water, and shall include specific BMPs
to control the discharge of material from the site. The following BMP methods shall include, but
would not be limited to:
a. Temporary detention basins, straw bales, sand bagging, mulching, erosion control
blankets, silt fencing, and soil stabilizers shall be used.
b. Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24
hours prior to and during inclement weather conditions.
c. Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded
areas to reduce surface soil movement, as necessary.
d. A routine monitoring plan shall be implemented to ensure success of all onsite erosion
and sedimentation control measures.
e. Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
f. Streets surrounding the Project site shall be cleaned daily or as necessary.
g. BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
h. Sandbags, or other equivalent techniques, shall be utilized along graded areas to
prevent siltation transport to the surrounding areas.
Additional BMPs shall be implemented for any fuel storage or fuel handling that could occur onsite
during construction. The SWPPP must be prepared in accordance with the guidelines adopted by
the SWRCB. The SWPPP shall be submitted to the City along with grading/development plans
for review and approval. The Applicant shall file a Notice of Completion for construction of the
development, identifying that pollution sources were controlled during the construction of the
Project and implementing a closure SWPPP for the site.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 18
HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek shall occur within the
dry season (May through October).
HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan. The Master Drainage
Plan shall address cumulative regional drainage and flooding impacts on the Project site, including
construction and stream stability, and set forth measures to coordinate Project drainage with
Chevron Tank Farm remediation and drainage improvements. The Master Drainage Plan shall be
implemented pursuant to the City’s SWMP submitted by the City to the RWQCB under the
NPDES Phase II program and pursuant to the programs developed under the City of San Luis
Obispo General Plan and the City of San Luis Obispo Waterways Management Plan. The Master
Drainage Plan shall meet the following requirements:
a. Development of a Construction Drainage Plan that details the control and retention of
runoff for each phase of construction, and clearly displays the location of bioretention
facilities, their retention capacity and relationship to subsurface drainage culverts,
alignment of creek and drainage channels for each phase.
b. Ensure that onsite detention facilities, particularly the pocket park/bioswale, are
designed to safely retain flood flows using either gently sloping exterior slopes (e.g.,
4:1) or provide safety fencing around perimeters, consistent with applicable City
standards.
c. Characterization of drainage from the East-West Channel and conveyance of flows
after removal of this channel.
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, contouring of creek invert to create pools and
removal of trash or debris as appropriate.
f. Location and extent of vegetated Swales designed to reduce sediment and particulate
forms of metals and other pollutants along corridors of planted grasses or native
vegetation.
g. Location and extent of vegetated Filter Strips, 15-foot wide vegetated buffer strips that
also reduce sediment and particulate forms of metals and nutrients.
The use, location and capacity of Hydrodynamic Separation Products to reduce suspended solids
greater than 240 microns, trash and hydrocarbons. These hydrodynamic separators must be sized
to handle peak flows from the Project site consistent with applicable regulatory standards.
[HYD-2b and HYD-2c do not apply to the Mitigated Project.]
HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall consider cumulative
regional drainage and flooding impacts of the Project, and shall be submitted to the City Public
Works Director for approval and shall meet the following requirements:
a. There shall be no significant net increase in upstream or downstream floodwater
surface elevations for the 100-year floodplain as a result of changes in floodplain
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 19
configuration and building construction. A significant threshold of a 2.5-inch increase
in floodwater surface elevations or 0.3 feet per second increase in stream velocities
shall be used. This shall be demonstrated to the satisfaction of the City Engineer or
County Public Works Director based on an Applicant furnished hydraulic analysis.
b. There shall be no significant net decrease in floodplain storage volume as a result of a
new development or redevelopment projects. This can be achieved by a zero-net fill
grading plan, which balances all fill placed on the 100-year floodplain with cut taken
from other portions of the floodplain within the Project site of the application, or with
cut exported offsite. Specifically, all fill placed in a floodplain shall be balanced with
an equal amount of soil material removal (cut) and shall not decrease floodplain storage
capacity at any stage of a flood (2, 10, 50, or 100-year event).
A net increase in fill in any floodplain is allowed only when all the conditions listed in the Managed
Fill Criteria of the DDM are also met.
HYD-3b. All bridges, culverts, outfalls, and modifications to the existing creek channels must be
designed and constructed in compliance with the City’s Drainage Design Manual and approved by
the City Engineer, USACE, CDFW, and Central Coast RWQCB, and must meet city standards
and policies.
HYD-4a. A site-specific, geotechnical investigation shall be completed in areas proposed for
HDD. Preliminary geotechnical borings shall be drilled to verify that the proposed depth of HDD
is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments and least fractures) and
to determine appropriate HDD methods (i.e., appropriate drilling mud mixtures for specific types
of sediments). The investigation shall include results from at least three borings, a geol ogic cross
section, a discussion of drilling conditions, and a history and recommendations to prevent frac-
outs.
HYD-4b. A Frac-out Contingency Plan shall be completed and shall include measures for training,
monitoring, worst case scenario evaluation, equipment and materials, agency notification and
prevention, containment, clean up, and disposal of released drilling muds. Preventative measures
would include incorporation of the recommendations of the geotechnical investigation to
determine the most appropriate HDD depth and drilling mud mixture. In accordance with the
RWQCB, HDD operations shall occur for non-perennial streams such as Tank Farm Creek only
when the stream is dry, and only during daylight hours. In addition, drilling pressures shall be
closely monitored so that they do not exceed those needed to penetrate the formation. Monitoring
by a minimum of two City approved monitors (located both upstream and downstream, who will
move enough to monitor the entire area of operations) shall occur throughout drilling operations
to ensure swift response in the event of a frac-out, while containment shall be accomplished
through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads,
straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic pails, shovels,
portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be submitted to the City,
and the RWQCB shall review the plan.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 20
HYD-5. A Development Maintenance Manual for the Project shall include detailed procedures for
maintenance and operations of any storm water facilities to ensure long-term operation and
maintenance of post-construction storm water controls. The maintenance manual shall require that
storm water 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 Development Maintenance Manual shall include the following:
a. All loading docks and trash storage areas shall be setback a minimum of 150 feet from
the top of the creek bank. No outdoor storage or larger trash receptacles shall be
permitted within this setback area. All trash and outdoor storage areas shall be operated
to reduce potential impacts to riparian areas;
b. Runoff shall be directed away from trash and loading dock areas;
c. Trash and loading dock areas shall be screened or walled to minimize offsite transport
of trash;
d. Bins shall be lined or otherwise constructed to reduce leaking of liquid wastes;
e. Trash and loading dock areas shall be paved;
f. Impermeable berms, drop inlets, trench catch basin, or overflow containment structures
around docks and trash areas shall be installed to minimize the potential for leaks, spills
or wash down water to enter the drainage system and Tank Farm Creek; and,
The developer or acceptable maintenance organization shall complete inspections of the site to
ensure compliance with BMPs and water quality requirements on a semi-annual basis (May 15
and October 15 of each year). A detailed summary report prepared by a licensed Civil Engineer
shall be submitted to the City of San Luis Obispo Public Works Department. The requirements for
inspection and report submittal shall be recorded against the property.
NOISE MITIGATION
NO-1a. 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, as shown in Table 3.9-
8 and Table 3.9-9 of the FEIR, across a residential or commercial property line.
NO-1b. For all construction activity at the Project site, noise attenuation techniques shall be
employed to ensure that noise levels are maintained within levels allowed by the City of San Luis
Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall include:
a. Sound blankets on noise-generating equipment.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 21
b. Stationary construction equipment that generates noise levels above 65 dBA at the
Project boundaries shall be shielded with a barrier that meets a sound transmission
class (a rating of how well noise barriers attenuate sound) of 25.
c. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
d. 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).
e. Temporary sound barriers shall be constructed between construction sites and
affected uses.
NO-1c. The contractor shall inform residents and business operators at properties within 300 feet
of the Project site of proposed construction timelines and noise complaint procedures to minimize
potential annoyance related to construction noise. Noise-related complaints shall be directed to the
City’s Community Development Department.
NO-3a. R-1 and R-2 residential units planned in the area of the Project site within 300 feet of
Buckley Road and R-4 units in the northwest corner of the Project site shall include noise
mitigation for any potential indoor space and outdoor activity areas that are confirmed to be above
60 dBA as indicated in the Project’s Sound Level Assessment. The following shall be implemented
for residential units with noise levels exceeding 60 dBA:
a. Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL
= 60 dBA, noise reduction measures shall be implemented, including but not limited
to:
b. Exterior living spaces of residential units such as yards and patios shall be oriented
away from Project boundaries that are adjacent to noise-producing uses that exceed
exterior noise levels of CNEL = 60 dBA, such as roadways and
industrial/commercial activities.
c. Construction of additional sound barriers/berms with noise-reducing features for
affected residences.
d. Exterior Glazing. Exterior window glazing for residential units exposed to potential
noise above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission
Class (OITC) 24 / Sound Transmission Class (STC) 30. Glazing systems with
dissimilar thickness panes shall be used.
e. Exterior Doors Facing Noise Source. According to Section 1207.7 of the California
Building Code, residential unit entry doors from interior spaces shall have a
combined STC 28 rating for any door and frame assemblies. Any balcony and ground
floor entry doors located at bedrooms shall have an STC 30 rating. Balconies shall be
oriented away from the northwest property line.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 22
f. Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered
building skin system over sheathing, with 4-inch to 6-inch deep metal or wood studs,
fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum
board on the interior face of the wall. If possible, electrical outlets shall not be
installed in exterior walls exposed to noise. If not possible, outlet box pads shall be
applied to all electrical boxes and sealed with non-hardening acoustical sealant.
g. Supplemental Ventilation. According to the California Building Code, supplemental
ventilation adhering to OITC/STC recommendations shall be provided for residential
units with habitable spaces facing noise levels exceeding Ldn=60 dBA, so that the
opening of windows is not necessary to meet ventilation requirements. Supplemental
ventilation can also be provided by passive or by fan-powered, ducted air inlets that
extend from the building’s rooftop into the units. If installed, ducted air inlets shall be
acoustically lined through the topmost 6 feet in length and incorporate one or more
90-degree bends between openings, so as not to compromise the noise insulating
performance of the residential unit’s exterior envelope.
h. Sound Walls. Sound walls shall be built on the north and east property lines of the
Project in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared
masonry. Further, proposed carports with solar canopies shall be installed around the
western and northern perimeter of the R-4 units, and these units shall be setback a
minimum of 100 feet from the property line.
i. Landscaping. Landscaping along the north and east Project site boundaries that
adjoin Suburban Road shall include a line of closely space trees and shrubs with
sufficient vegetative density to help reduce sound transmission.
NO-3b. Buckley Road widening improvements shall include the use of rubberized asphalts or
alternative paving technology to reduce noise levels for sensitive receptors near the roadway
PUBLIC SERVICES MITIGATION
PS-1. The Applicant shall prepare and implement a brief Security Plan for the Project site. The
Security Plan shall be prepared in consultation with the SLOPD and address public safety concerns
in common or public spaces, parks, bike paths and open space areas, the commercial center, and
parking lots. The Security Plan shall set forth lighting requirements, security recommendations for
parks, open space and trails (e.g., visibility, lighting, etc.), and establish rules for use of the public
areas.
PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share contribution to a future
citywide or area-wide fire protection service protection development impact fee program.
Additionally, the AASP should be amended to include a fee program to fund the City’s fifth fire
station and/or integrate such fair share fee programs into the proposed Community Facilities
District (CFD).
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 23
TRANSPORTATION AND TRAFFIC MITIGATION
TRANS-1. The Applicant shall prepare a Construction Transportation Management Plan for all
phases of the proposed Project for review and approval by the City prior to issuance of grading or
building permits to address and manage traffic during construction. The Pla n shall be designed to:
a. Prevent traffic impacts on the surrounding roadway network;
b. Restrict construction staging to within the Project site;
c. Minimize parking impacts both to public parking and access to private parking to the
greatest extent practicable;
d. Ensure safety for both those construction vehicles and works and the surrounding
community; and
e. Prevent substantial truck traffic through residential neighborhoods.
f. The Construction Transportation Management Plan shall be subject to review and
approval by the Public Works Director to ensure that the Plan has been designed in
accordance with this mitigation measure. This review shall occur prior to issuance of
grading or building permits. It shall, at a minimum, include the following ongoing
Requirements throughout the Duration of Construction:
g. A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane configurations;
warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes,
and parking lanes. The Plan shall include specific information regarding the Project’s
construction activities that may disrupt normal pedestrian and traffic flow and the
measures to address these disruptions. Such Plan shall be reviewed and approved by
the Community Development Department and implemented in accordance with this
approval.
h. Work within the public right-of-way shall be reviewed and approved by the City on a
case by case basis based on the magnitude and type of construction activity. Generally,
work shall be performed between 8:30 AM and 4:00 PM. This work includes dirt
hauling and construction material delivery. Work within the public right-of-way
outside of these hours shall only be allowed after the issuance of an after-hours
construction permit administered by the Building and Safety Division. Additionally,
restrictions may be put in place by Public Works Department depending on particular
construction activities and conditions.
i. Streets and equipment shall be cleaned in accordance with established Public Works
requirements.
j. Trucks shall only travel on a City-approved construction route. Limited queuing may
occur on the construction site itself.
k. Materials and equipment shall be minimally visible to the public; the preferred location
for materials is to be onsite, with a minimum amount of materials within a work area
in the public right-of-way, subject to a current Use of Public Property Permit.
l. Provision of off-street parking for construction workers, which may include the use of
a remote location with shuttle transport to the site, if determined necessary by the City.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 24
m. Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
n. The traveling public shall be advised of impending construction activities that ma y
substantially affect key roadways or other facilities (e.g., information signs, portable
message signs, media listing/notification, and implementation of an approved
Construction Impact Mitigation Plan).
o. A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load
Permit, as well as any Caltrans permits required for any construction work requiring
encroachment into public rights-of-way, detours, or any other work within the public
right-of-way shall be obtained.
p. Timely notification of construction schedules shall be provided to all affected agencies
(e.g., Police Department, Fire Department, Public Works Department, and Community
Development Department) and to all owners and residential and commercial tenants of
property within a radius of ¼ mile.
q. Construction work shall be coordinated with affected agencies in advance of start of
work. Approvals may take up to two weeks per each submittal.
Public Works Department approval of any haul routes for construction materials and equipment
deliveries shall be obtained.
TRANS-2a. The Applicant shall create and submit a Transportation Improvement Phasing Plan to
the City for review and approval, and shall ensure that construction of the Project follows the
sequential phasing order utilized in the TIS for such improvements. The Plan shall address the
timing and general design of all on and offsite transportation improvements.
[TRANS-2b through TRANS-2f do not apply to the Mitigated Project.]
TRANS-3a. Project roadway and driveway design shall be reviewed and approved by the City to
ensure compliance with City engineering standards and not conflict with intersection functional
areas (e.g., aligning driveways on opposite sides of the roadway, position driveways as far
upstream from intersections as possible).
TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed bumps, pedestrian
bulbouts, etc.) to control speed levels along internal roadways of the Project site, including the
extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by Policy 8.1.3.
TRANS-4. The Applicant shall prepare an improvement plan for Horizon Lane, Earthwood Lane,
and Suburban Road, including roadway, bicycle, and pedestrian improvements. Improvements
shall be constructed by the Applicant in coordination with the phasing plan required by MM
TRANS-2a, to ensure the Applicant constructs all offsite roadway improvements in a timely
manner consistent with Project phasing. The Project Applicant shall:
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 25
a. Prepare a detailed improvement plan for Horizon Lane to bring this road into
conformance with City standards for a commercial collector of width between 44 to 60
feet from Suburban Road to the Project boundary. This plan shall be developed in
coordination with adjacent property owners and the City Public Works Department.
Horizon Lane shall not be connected to the Project site until such a plan has been
completed and improvements are completed in accordance with the phasing plan, as
part of Phase 4. The section of Horizon Lane/Jespersen Road from the Project boundary
to Buckley Road shall be designated as a residential collector with a width of roadway
between 40 and 60 feet. Construction of the Horizon Road from Suburban Road to
Phase 4 of the Project shall be completed and open to travel prior to the issuance of any
occupancy permit for the 100th residential unit of Phase 4 development.
b. Design and improve the intersection of Horizon Lane/Suburban Road to be consistent
with City Uniform Design Criteria and Municipal Code Standards.
c. Coordinate with the property owners along Earthwood Lane and City staff to complete
the Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall
be developed to full City standards for a residential collector. Residential collectors
shall be 44 to
d. 60 feet wide as required by the City’s Uniform Design Criteria.
e. Coordinate with the property owners along Suburban Road and City staff to prepare a
detailed improvement plan for Suburban Road to bring this road into conformance with
City standards. This plan shall address widening of substandard sections near the east
end of this roadway, completion of missing sidewalk segments, installation of street
trees, pedestrian crossings (e.g.,
f. Suburban Road at Earthwood Lane). In accordance to the City’s Engineering Standards
and Specifications – Uniform Design Criteria, a commercial collector road shall be 44
to 68 feet wide to effectively serve commercial and industrial uses. Improvements from
Earthwood Lane to Higuera Street shall be done as part of Phase 1. Improvements from
Earthwood Lane to Horizon Lane shall be done as part of Phase 4 development, prior
to the connection of Horizon Lane with the Project site.
g. Prepare a detailed phasing plan that identifies reasonable timing of such improvements
for Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be
developed in close coordination with City staff. Construction of the Suburban Road
improvements from Horizon Road from Earthwood shall be completed and open to
travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to Higuera and the
Earthwood improvements on the Project site and between the Project and Suburban
shall be completed prior to issuance of the occupancy permit for the 1st dwelling unit.
TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the installation of a roundabout
at the Buckley Road/SR 227 intersection as identified in the SLOCOG SR 227 Operations Study.
The City shall collect the fair share fee and coordinate payment of Project fair share fees to help
fund improvements with the County. Alternatively, the City should consider an amendment of the
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 26
AASP impact fee program to establish a new areawide fee to help fund improvements to the
intersection to offset cumulative development impacts. If an amended AASP fee is created by the
City, it will suffice as appropriate mitigation for the Project’s participation in these improvements.
TRANS-6. The Applicant shall design and construct the extension of the northbound right turn-
lane at the South Street/Higuera Street intersection, to provide more storage capacity.
TRANS-7a. The Applicant shall design and construct a second northbound left-turn lane at the
intersection of South Higuera Street/Prado Road. The Applicant shall also pay a fair share fee for
the widening of Prado Road Creek Bridge west of South Higuera Street by participating in the
citywide transportation impact fee program.
TRANS-7b. The Applicant shall design and construct a second southbound left-turn lane at the
Tank Farm Road/South Higuera Street intersection.
[TRANS-7c and TRANS-7d do not apply to the Mitigated Project.]
TRANS-8a. The Project is located within the Los Osos Valley Road Interchange Sub Area fee
program, and, as such, the Applicant shall pay the Los Osos Valley Road subarea fee, for the cost
of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange project and
improvements along Los Osos Valley Road. The fee shall be associated with the number of
dwelling units and the square footage of commercial development in the Project site and shall be
paid the time of building permit issuance.
TRANS-8b. In coordination with the Applicant, the City shall retime the traffic signal at Los Osos
Valley Road/South Higuera Street intersection and installation of signage at the South Higuera
Street/Buckley Road intersection (terminus of the Buckley Road Extension) to inform drivers of
additional access to U.S. Highway 101 at Ontario Road. The City Public Works Department shall
ensure the improvements and signage meet safety criteria.
TRANS-10a. The Applicant shall design and construct ADA-compliant sidewalks and ADA
ramps on the east side of South Higuera Street to provide continuous paths of travel from the City
limit line to Los Osos Valley Road.
TRANS-10b. The Applicant shall design and construct continuous sidewalks along the east side
of South Higuera Street from Vachell Lane to Los Osos Valley Road including ADA ramps at the
Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-6 in the FEIR.
TRANS-10c. The Applicant shall design and construct continuous ADA-compliant sidewalks and
ADA ramps along the south side of Suburban Road from South Higuera Street to Earthwood Lane.
A receiving ramp shall be installed on the north side of Suburban Road at Earthwood Lane.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 27
TRANS-11. The Applicant shall construct two (2) separated bicycle bridges on each side of
Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as to provide
continuous and safe bicycle routing along Buckley Road. These sections of roadway and creek
crossings are under the jurisdiction of the County and would need to meet both City and County
design standards to the greatest extent feasible and are subject to approval of the City’s Public
Works Director.
TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that adequate service
would be provide to the two proposed bus stops and Project area. The bus stops shall be constructed
by the Applicant within the respective phase’s development area. To assure adequate service is
provided to the two new bus stops onsite, the Applicant shall pay for and install any physical
improvements to Earthwood Lane and Suburban Road needed to accommodate future service to
the site. In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6,
Service Standards.
TRANS-13. The City shall amend the Citywide TIF to include a fee program for the installation
of a second southbound right-turn lane at the Los Osos Valley Road/South Higuera Street
intersection, or create a separate mitigation fee for this purpose. The Applicant shall pay its fair
share of the improvement costs through the payment of the Citywide TIF of the ad hoc mitigation
fees, as appropriate, to the City prior to issuance of building permits.
TRANS-14. If approved by City Council, the City shall amend the TIF, or some other fee program,
to include a fee program for the installation of a Class I bicycle path from Buckley Road/South
Higuera Street intersection to Los Osos Valley Road/U.S. Highway 101 sout hbound ramps
intersection, connecting to the Bob Jones Trail. The Applicant shall pay its fair share fee to fund
the improvement through the adopted fee program. Alternatively, the City may establish a special
or ad hoc mitigation fee program to fund the Project’s share of these improvements.
TRANS-15a. The Applicant shall pay its fair share fee to the City to fund the widening of the
Prado Road/South Higuera Street intersection to accommodate a dual left -turn lane, dual thru-
lanes, and a right-turn lane on all approaches. Part of this share may be contained within existing
fee programs or ultimately incorporated into the Citywide TIF program. If amended into the
Citywide TIF an impact fee program, payment of those fees will address project impacts.
TRANS-15b. The Applicant shall pay its fair share mitigation fees to fund improvements to the
intersection of Higuera/Tank Farm Road to provide: 1) extension of the northbound right-turn lane,
2) the installation of a “pork chop” island to assist pedestrian crossings, and 3) widening on the
south side of Tank Farm to provide a slip lane for right turning traffic. The City should consider
incorporating this improvement into the AASP Fee program.
TRANS-15c. The City shall review the cross sections for improvements to Tank Farm
Road/Horizon Lane intersection as proposed within AASP to ensure long-term geometrics meet
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 28
the objectives of the General Plan. The Applicant shall pay fair share mitigation fees to fund the
installation of an additional northbound right-turn lane or a roundabout at the Tank Farm
Road/Horizon Lane intersection. The City should consider incorporating this improvement into
the AASP fee program.
TRANS-15d. The Applicant shall pay its fair share fees to fund the installation of a traffic s ignal
or a single-lane roundabout at the Buckley Road/Vachell Lane intersection. While not required,
this work may be implemented as part of the Buckley Road extension being installed as part of
Phase 2 of the Project. The City should consider incorporating this improvement into the AASP
fee program.
UTILITIES MITIGATION
UT-2. The size, location, and alignment of all on- and offsite water, wastewater, and energy
infrastructure offsite shall be subject to review and approval by the City’s Public Works and
Utilities Departments. The Applicant shall be responsible for constructing all required onsite and
offsite utility improvements and well as for repaving of damaged roadways.
Section 2. Specific Plan Amendment, General Plan Amendment, Rezone, Development
Plan, and Vesting Tentative Tract Map Approval with Findings & Conditions. The Planning
Commission does hereby recommend approval to City Council of application GENP 1319 -2015;
SPEC/ER-1318-2015; SBDV 2042-2015, a Specific Plan Amendment, General Plan Amendment,
Rezone, Development Plan, and Vesting Tentative Tract Map, to allow up to 720 dwelling units,
based on the following findings, and subject to the following conditions being incorporated into
the Vesting Tentative Tract Map:
Findings:
1. The project area was identified as one of four 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 Avila Ranch Development Plan, which encompasses a
portion of the Airport Area Specific Plan, was prepared to implement this aspect of the General
Plan.
2. The Avila Ranch Development Plan and Airport Area Specific Plan as amended are consistent
with policy direction for the area included in the General Plan, specifically Land Use Element
Policy 8.1.6, which identifies the Avila Ranch area as a Special Focus Area (SP-4), subject to
policies for the development of a specific plan and certain broad development parameters and
principles. The Development Plan and Airport Area Specific Plan as amended are also
consistent with all other applicable General Plan policies, as described and analyzed in Section
7.0 of the June 28 & 29, 2017, staff report to the Planning Commission for this project, and as
discussed further within the Final EIR.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 29
3. The Airport Area Specific Plan Amendment, General Plan Amendment and Rezone allow the
implementation of the Avila Ranch Development Plan by:
a. Updating the City’s General Plan and Specific Plan land use maps to reflect the
development pattern included in the Avila Ranch Development Plan;
b. Updating the City’s General Plan and Specific Plan circulation maps to reflect the
circulation system included in the Specific Plan; and
c. Rezoning the site to be consistent with the General Plan, Specific Plan, and
Development Plan.
4. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General
Plan and Specific Plan because it is consistent with the Avila Ranch Development 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 and Airport
Area Specific Plan.
5. The Avila Ranch project was reviewed by various City advisory bodies, including the
Architectural Review Commission, Bicycle Advisory Committee, and Parks and Recreation
Commission, and incorporates input consistent with their direction.
6. The Airport Land Use Commission found the Avila Ranch Development Plan project as
proposed to be consistent with the Airport Land Use Plan.
7. Development 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.
8. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision, and the project is consistent with
the pattern of development prescribed in the Avila Ranch Development Plan.
9. The proposed project will provide affordable housing consistent with the intent of California
Government Code §65915, and in compliance with City policies and the Housing Element.
10. The Tentative Map, as conditioned, will comply with all environmental mitigation measures
prescribed herein, and therefore is consistent with the California Environmental Quality Act,
as implemented through the Avila Ranch Final EIR.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 30
Planning Commission Recommended Modifications to the Development Plan or Specific
Plan
1. Infrastructure Timing and Connectivity. Include an estimated housing absorption schedule,
and relate it to projected citywide capital improvements, including roadways and bike
facilities, showing this information on a map, in order to better understand long-range
connectivity and potential gaps.
2. Affordable Housing. Applicant to work with City staff to implement additional opportunities
to maximize the number of affordable housing units include in the development.
3. Modal Split and Impact Fees. Impact fees should be connected to modal split objectives.
4. Sustainable Farming. Include provisions to encourage sustainable farming practices within
designated open space areas wherever appropriate.
5. Parks. Applicant to work with City staff to explore the potential for an additional pocket park
in the vicinity of Lots 130, 131 and 132 in the proposed Vesting Tentative Tract Map.
6. Greywater Use. Consistent with the adopted Climate Action Plan, include provisions in the
Development Plan to encourage the use of greywater wherever appropriate.
7. Buckley Road Safety. Include provisions in the design of Buckley Road improvements that
enhance public safety. These could include, but potentially not be limited to rumble strips.
Vesting Tentative Tract Map Conditions:
Planning
1. At the time of submittal of a request for approval of a final map, the subdivider shall provide
a written report detailing the methods and techniques employed for complying with these
conditions of approval and the mitigation measures imposed upon certification of the EIR for
the Project.
2. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure concerning
the noise, safety, or overflight impacts associated with airport operations prior to entering any
contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties
within the airport area consistent with the applicable provisions of the of the Airport Area
Specific Plan and Avila Ranch Development Plan.
3. Prior to final map, County of San Luis Obispo Avigation easements shall be recorded for each
parcel within the development.
4. Prior to the recording of any phase of the final map, the applicant shall enter into and record
an Affordable Housing Agreement with the City, detailing the timing of construction of
affordable units on-site, and with guarantees to ensure timely delivery of all of the required
affordable housing units. The Affordable Housing Agreement must be included as an exhibit
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 31
to the Development Agreement, and include appropriate guarantees to ensure the timely
delivery of affordable housing units, dedication of real property, or payment of in lieu fees,
consistent with the applicable sections of the Airport Area Specific Plan and Avila Ranch
Development Plan.
5. Pursuant to Government Code §66474.9(b), the subdivider shall defend, indemnify and hold
harmless the City and/or its agents, officers and employees from any claim, action or
proceeding against the City and/or its agents, officers or employees to attack, set aside, void
or annul, the approval by the City of this map and its related approvals, and all actions relating
thereto, including but not limited to environmental review. The City shall promptly notify the
subdivider of any claim, action, or proceeding and shall cooperate fully in the defense. If the
city fails to promptly notify the subdivider of any claim, action, or proceeding, or to cooperate
fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or
hold the City harmless.
Engineering Development Review
Dedications and Easements
6. Any easements including but not limited to provisions for all public and private utilities, water
wells, access, grading, drainage, agriculture / open space, slope banks, construction, public and
private streets/alleys, pedestrian and bicycle facilities, common driveways, and maintenance
of the same shall be shown on the final map and/or shall be recorded separately prior to or
concurrent with the recordation of the map, unless a deferral is requested by the subdivider and
granted by the City. Said easements may be provided for in part or in total as blanket
easements.
7. The final map and improvement plans shall show the extent of all on-site and known offsite
offers of dedication. Subdivision improvement plans, and / or preliminary designs may be
required for any deferred improvements so that dedication limits can be established. These
improvements may include but are not limited to road construction and widening, grading and
drainage improvements, stormwater facilities, utility easements, bridges, bike bridges, transit
stops, bikeways, pedestrian paths, signalized intersections, traffic circles, and roundabouts.
8. The final map and improvement plans shall clearly delineate the City-County limit line along
Vachell Lane and Buckley Road. The subdivision boundary shall consider said limits. The
map or an additional map sheet may be required to clearly delineate the limits and extent of
some or all of the off-site dedications to further clarify how and where the several mitigation
measures and conditions will be satisfied. Future, concurrent and/or prior recordations may
need to be included on the map, additional map sheet, or improvement plans for reference.
9. The subdivider shall dedicate a 10’ wide street tree easement and public utility easement
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 32
(P.U.E.) across the frontage of each residential lot. A 10’ wide street tree easement and 15’
P.U.E. shall be provided across the frontage of each commercial or multi -family lot unless
reduced with the approval of the City and of PGE. Said easements shall be adjacent to and
contiguous with all public right-of-way lines bordering each lot.
10. The subdivider shall include a separate offer of dedication for any offsite easements located
outside the tract boundary and/or map phase if needed for orderly development, circulation,
access, and/or utility extensions. The developer may, at the discretion of the City, be requested
to provide a separate offer of dedication for any easements related to a future map/development
phase where said easement(s) may be required for orderly development and might otherwise
sunset with a map offer only.
11. Prior to and at the time of approval of the first final map for the project, a Community Facilities
District (CFD) or other similar financing mechanism acceptable to the City, sh all be fully
operational, and all assessments shall be fully authorized and imposed on the project site which
are necessary to fully fund, in perpetuity, the maintenance of the phased public improvements
to the satisfaction of the City. If necessary, the subdivider shall provide startup funding for the
CFD in an amount to be determined by the City Engineer in the event there is insufficient
funding for City to maintain the public improvements until full build-out of the project. Avila
Ranch shall include within the Covenants, Conditions and Restrictions (CC&Rs) required for
each subdivision of the Property a requirement that the Master Homeowners’ Association, and
or each Homeowners’ Association for a subdivision within the Property (each, an “HOA”),
shall assume responsibilities to maintain, repair and insure the following items in the event that
such financing mechanism is dissolved or in the event that the fees, assessments, or taxes
generated thereby are repealed or reduced other than by discretionary action by the City
Council. In such event the HOA shall assume responsibility to maintain, repair and insure for
the publicly-owned facilities within the Property (as to a Master HOA) or subdivision (as to
another HOA), including but not limited to, Parks A through F, H and I, and “Stevenson Park”;
landscaped parkways and trees; low-impact development treatment facilities; riparian open
space, but expressly shall not assume responsibility to maintain, repair and insure streets,
curbs, gutters, sidewalks, regional parks (Park G), farmed agricultural open space, landscape
paseos connecting the public parks, retaining walls adjacent to the open space corridors, bike
paths, bike path bridges and bike path facilities (including bike paths and bike path facilities
in the County). Avila Ranch shall include the City as a third-party beneficiary of these CC&Rs
in language acceptable to the City Attorney, which shall grant the City the right to perform the
maintenance, repair and insurance obligations and to impose assessments against the affected
parcels in the event an HOA fails to perform its obligations under this subparagraph (4).
12. All private improvements shall be owned and maintained by the individual property owners, a
property owner association, or the Homeowner’s Association (HOA) as applicable, or by a
Community Facilities District if specifically identified upon the formation of the CFD. Private
improvements may include but are not limited to streets/alleys, parking lots, walks and paths,
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 33
sewer mains/laterals, drainage systems, detention basin(s), lighting, landscape, landscape
irrigation, common areas, pocket parks, and linear park improvements.
13. All stormwater treatment facilities shall be owned and maintained by the Homeowners
Association, Property Owner Association, property owner association, and/or by individual
property owners or by a Community Facilities District if specifically identified upon the
formation of the CFD. All stormdrain facilities shall be private property unless the final map
and subdivision improvement plans specifically designates them as offered to the City and the
City, in fact, accepts maintenance responsibility for them. A separate encroachment
agreement, in a form approved by the City Attorney, shall be recorded for any privat e
stormwater systems, piping, BMP’s, and other components of such systems that are approved
for location within the public right-of-way.
14. A notice of requirements or other agreement acceptable to the City of San Luis Obispo shall
be recorded upon the City’s written request in conjunction with recordation of each phase of
the Final Map to clarify development restrictions, fee payments, conditions of development,
and references to any pertinent conditions of approval related to this map, off-site
requirements, and/or the interaction of each map phase with a future map and/or development
phase.
15. Off-site dedication/acquisition of property for public right-of-way purposes will be necessary
to facilitate orderly development, anticipated build-out improvements, and/or to satisfy
mitigation measures, conditions of approval, or compliance with City Standards and policies.
The subdivider shall work with the City, County of San Luis Obispo, and the land owner(s) to
acquire the necessary rights-of-way. In the event the subdivider is unable to acquire said rights-
of-way, the City Council may consider lending the subdivider its powers of condemnation to
acquire the off-site right-of-way dedication, including any necessary slope and drainage
easements. If condemnation is required, the subdivider shall agree to pay all costs associated
with the off-site right-of-way acquisition (including attorney fees and court costs). The
developer shall confer with the County of San Luis Obispo on any condemnation processes
necessary for rights-of-way within the County.
16. With respect to all off-site improvements, prior to filing of the Final Map, the subdivider shall
either:
a. Clearly demonstrate their right to construct the improvements by showing title or
interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462.5 to do so, if
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 34
necessary. Subdivider shall also enter into an agreement with the City to pay all costs
of such acquisition including, but not limited to, all costs associated with
condemnation. Said agreement shall be in a form acceptable to the City Engineer and
the City Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity
to accompany the appraiser during any inspection of the property or
acknowledge in writing that they knowingly waived the right to do so;
iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appraised price.
v. Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated
costs, as determined by the City Attorney, of the condemnation proceedings.
The City does not and cannot guarantee that the necessary property rights can
be acquired or will, in fact, be acquired. All necessary procedures of law would
apply.
Transportation and Subdivision Improvements
17. Secondary access is required from all portions and/or phases of the subdivision where more
than 30 dwelling units are proposed. The location and development of the proposed secondary
access shall be presented to the City for review and approval prior to the preparation of the
related improvement plans or final map approval for each subsequent map or construction
phase. Any temporary or permanent emergency access location, construction, and controls
shall be in accordance with the Fire Code, City Engineering Standards, and shall be approved
to the satisfaction of the Fire Department and Public Works Department.
18. Fire Department access shall be provided for each building construction phase to the
satisfaction of the Fire Chief. Phased street construction shall consider and provide suitable
Fire Department hydrant access, circulation routes, passing lanes, and turn-around areas in
accordance with current City codes and standards.
19. All public streets shall conform to City Engineering Standards and the specific plan including
curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 35
Engineer. Where conflicts occur between the City Engineering Standards and concepts
identified in the specific plan and/or represented on the tentative map, the City Engineer shall
make the final determination of design approval and/or exceptions.
20. All subdivision improvements shall be consistent with the City Engineering Standards except
where the applicant has requested and been granted a formal design exception by the City
Engineer. Design exceptions shall be requested in a format approved by the City and shall be
accompanied by the required application and review fee. The applicant shall summarize the
need for the request, alternatives, and may be asked to propose final construction details,
specifications, and minimum construction tolerances/testing for review and approval by the
City Engineer in support of the request. The request shall be approved by the City Engineer
prior to submittal of complete public improvement plans.
21. Final street sections shall be approved in conjunction with the review and approval of the final
project drainage report. The final design shall consider drainage, transitions, and accessibility.
22. Final traffic circle and roundabout geometry shall be consistent with applicable engineering
standards and design guidelines.
23. The developer shall record a Notice of Requirements with each map phase regarding the
designed and installed traffic calming devices and that the subdivision is not eligible for a
future Residential Parking District or Neighborhood Traffic Management program processing.
24. The improvement plans shall include a line-of-sight analysis at applicable intersections to the
satisfaction of the Public Works Department. Fence heights and plantings in the areas of
control shall be reviewed in conjunction with the analysis. A separate recorded agreement or
Notice of Requirements for private property owner, HOA, or CFD maintenance of sight lines
may be required as a condition of the City Engineer’s approval of the development plans.
25. The subdivision improvement plans shall include full on-site and any off-site public and
private improvements as required to satisfy all mitigation measures, specific plan
requirements, and conditions of approval. The plans shall comply with the City Engi neering
Standards, Bike Plan, Community Design Guidelines, Cal Trans Highway Design Manual,
Specific Plan, City policies, and applicable County of San Luis Obispo Public Improvement
Standards.
26. Separate plans and permits are required from the County of S an Luis Obispo for work or
construction staging within County public rights-of-way. Said plans shall be provided to the
City of San Luis Obispo for review and approval of consistency with the project mitigation
measures, conditions of approval, Development Plan, Specific Plan, and conformance with the
subdivision improvements.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 36
27. Unless otherwise specifically approved and accepted for over-sight by the City, all stormwater
BMP’s related to the widening and/or extension of Buckley Road shall be subject to the review
and approval of the County of San Luis Obispo. The encroachment permit issued for this work
will establish additional conditions and restrictions that may require maintenance
responsibilities be provided by the CFD or HOA, in perpetuity.
28. Detailed plans shall be provided for any off-site or out-of-phase improvements in conjunction
with the proposed phasing plans unless preliminary or final designs are needed for orderly
development and/or to substantiate the design of an adjoining phase.
29. Any jurisdictional permits from authorities other than the City, including but not limited to,
those from the Army Corps of Engineers, California Fish and Wildlife Service, and the
Regional Water Quality Control Board shall be obtained prior to the City’s approval of
improvement plans and the Developer’s commencing with work for any construction phase
subject to the jurisdiction of such regulatory agencies.
30. Access rights shall be offered for dedication to the City and/or County of San Luis Obispo
along Buckley, South Higuera, Vachell, Earthwood, Venture, and Jespersen except at
approved driveway locations.
31. The subdivider shall install public street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and luminaires along all existing and
proposed City streets per City Engineering Standards, and each proposed and existing
intersection with Buckley Road per the County of San Luis Obispo Public Improvement
Standards.
32. Private street lighting may be provided along the private streets/alleys/parking areas, pocket
parks, and linear parks per City Engineering Standards and/or as approved in conjunction with
the final ARC approvals.
33. Street trees are required as a condition of development. Street trees shall generally be planted
at the rate of one 15-gallon street tree for each 35 lineal feet of property frontage. Landscape
plans may include grouping of trees to vary this standard to honor site/public improvements,
achieve visual variety, or to honor line-of-sight corridors within the subdivision. Trees and
other landscaping proposed in the County right-of-way must be approved by County Public
Works, and the encroachment permit will establish maintenance and liability conditions, in
perpetuity.
34. The public improvement plans shall provide a final analysis of the trees to be removed and
trees to be retained. The existing trees located along or across the tract boundary, within areas
of utility work, and/or within vacant lots proposed for future development shall be specifically
identified in those plans as removed or retained. The plan/map submittals shall include a tree
preservation plan and/or notice of requirements attached to the final map. Trees not previously
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 37
noted and approved for removal shall be retained unless otherwise specifically approved for
removal by the City. A tree preservation plan shall be provided by a Certified Arborist and
approved by the City for any trees to remain or to be relocated.
35. Improvement plans for the entire subdivision, including any off-site improvements shall be
approved to the satisfaction of the Public Works Department, Utilities Department, and Fire
Department prior to map recordation. Off-site improvements may include but are not limited
to roadways, sewer mains, water mains, recycled water mains, and storm drain improvements.
Off-site improvements may include off-site access roadways, transportation improvements,
and utility system improvements.
36. A separate demolition permit will be required from the Building Division for the removal of
any existing structures and related infrastructure. Building removals are subject to the Building
Demolition Regulations including the additional notification and timing requirements for any
structure over 50-years old.
37. The improvement plans shall clearly show all existing structures, site improvements, utilities,
water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include any
pertinent off-site water well and private waste disposal systems that are located within
regulated distances to the proposed drainage and utility improvements. The plan shall include
the proposed disposition of the improvements and any proposed phasing of their demolition
and removal.
38. The map and improvement plans shall show and clarify the extent of all existing public and
private easements. The developer shall provide any additional clarification regarding the use
and disposition of any water wells. Any private water well service piping that crosses or is
proposed to cross an existing or future public right-of-way shall be approved by the City and
shall be covered by an Encroachment Agreement to be recorded in a format approved by the
City. The developer shall provide any additional clarifications, amendments, and/or quit-
claims on any outstanding private easement agreements, as necessary.
39. Street paving shall be phased in accordance with City Engineering Standard 7110 unless un-
phased construction is otherwise specifically approved by the City Engine er. Phased
construction of the new street pavement shall provide for the ultimate structural street section
and pavement life per the City's Pavement Management Plan and City Engineering Standards.
The engineer of record shall detail the phased paving requirement in the public improvement
plans to the satisfaction of the City Engineer.
40. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the mitigation measures, conditions of approval, City codes, and s tandards.
A truck circulation plan and construction management and staging plan shall be included with
any demolition, stockpile, grading, or improvement plan submittal. General truck routes shall
be submitted for review and acceptance by the City. The engineer of record shall provide a
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 38
summary of the extent of cut and fill with estimates on the yards of import and export material.
The summary shall include rough grading, utility trench construction, road construction, AC
paving, concrete delivery, and vertical construction loading estimates on the existing City of
San Luis Obispo roadways. The developer shall either: 1) complete roadway deflection testing
before and after construction to the satisfaction of the City Engineer and shall complete repairs
to the pre-construction condition, or 2) shall pay a roadway maintenance fee in accordance
with City Engineering Standards and guidelines, or 3) shall propose a pavement
repair/replacement program satisfactory to the City Engineer. The roadway impacts analysis
and mitigation strategy shall be approved prior to commencing with grading or construction.
41. The developer shall acquire and provide a copy of the County as-built or record improvement
plans for Venture Lane and the adjoining improved sections of Vachell Lane. The as-built
condition of improvements and pavement design life analysis shall be approved to the
satisfaction of the City Engineer. The subdivision improvement plans shall show and note any
upgrades to Venture and Vachell Lane, the City Engineer determines are required to meet
current ADA and City Engineering Standards prior to acceptance of the improvements.
42. Street lighting, signage, striping, and street signage upgrades may be required per City
Engineering Standards for the intersection of Venture and Vachell. Any required
improvements shall be included in the subdivision improvement plans.
43. Retaining wall and/or retaining wall/fence combinations along property lines shall be approved
to the satisfaction of the Planning Division and shall conform with the zoning regulations for
allowed combined heights or shall be approved through the ARC, Specific Plan, or separate
Fence Height exception process.
44. The ARC plans and public improvement plans shall show the location of the proposed mail
receptacles or mail box units (MBU’s) to the satisfaction of the Post Master and the City
Engineer. The subdivider shall provide a mailbox unit or multiple units to serve all dwelling
units within this development as required by the Post Master. MBU’s shall not be located
within the public right-of-way or public sidewalk area unless specifically approved by the City
Engineer. Contact the Post Master at 543-2605 to establish any recommendations regarding
the number, size, location, and placement for any MBU’s to serve the several neighborhoods
and occupancies.
45. Porous concrete, pavers, or other surface treatments as approved by the City Engineer shall be
used for private parking areas, V-gutters, private curb and gutter, etc. to the extent feasible
within the over-all drainage design for water quality treatment/retention in accordance with the
specific plan and General Plan.
46. The subdivision improvement plans shall show that accessibility to all common areas, linear
parkways, and connecting neighborhood paths/trails is achieved per the ADA and the
California Building Code to the satisfaction of the City Engineer and Building Official.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 39
Utilities
47. Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s Municipal
Code. An annual Construction Water Permit is available from the City’s Utilities Department.
Recycled water is readily available near the intersection of South Higuera and Suburban Road,
and shall be stubbed within the project site with a temporary filling station / recycled water
hydrant assembly before grading operations begin.
48. Prior to issuance of a building permit in phase 1, the development’s recycled water system
shall have: an 8-inch recycled water system along Suburban Road from South Higuera to
Earthwood Lane, and along Earthwood Lane from Suburban Road to Venture Drive.
Subsequent phases of the development will need to add an 8-inch recycled water system along
Venture Drive from Earthwood Lane to Jespersen Road, along Jespersen Road from the south
end of Horizon Lane to Buckley Road, and along Buckley Road from Jespersen Road to the
east boundary of the subdivision.
49. Water flow rates and velocities shall comply with the requirements of the 2016 Potable Water
Distribution System Operations Master Plan. The City of San Luis Obispo shall be the sole
water purveyor for water services within the proposed development, which shall comply with
all municipal code requirements. Prior to issuance of a building permit in Phase 1, the
development’s water system shall have: a 12-inch water main extending southerly along
Vachell Lane from South Higuera to Earthwood Lane, along Earthwood Lane from Vachell
Lane to Suburban Road. Phase 1 shall also include a pressure reducing valve (PRV) station at
the intersection of Vachell Lane and Venture, and a second PRV at the intersection of
Earthwood Lane and Suburban Road. Each PRV station shall include a primary and a
secondary pressure reducing valve, a radio survey, telemetry radio, control panel, logic, and
all auxiliary infrastructure for creation of a new pressure zone. Subsequent phases of the
development shall add a 12-inch water main extending along Jespersen Road from Hughes
Lane to Buckley Road, and along Buckley Road from Jespersen Road to the east boundary of
the subdivision.
50. Sewer flow rates and velocities shall comply with the requirements of the 2016 Wastewater
Collection System Infrastructure Renewal Strategy. Prior to issuance of a building permit in
Phase 1, the development’s sewer system shall have: an 8-inch corrosion resistant gravity
sewer main extending along Tank Farm Road from the Tank Farm Lift Station to Long Street;
a 6-inch sanitary sewer force-main extending from Tank Farm Road along Long Street
continuing through public roads to the Buckley Lift Station. The Buckley Lift Station shall be
designed to collect and transmit the flow rates of each development phase, meet scour
velocities in the force-main, include a duplex station with pre-rotation basins, a natural gas
stand-by generator, surge control valves, and a block wall around the perimeter of the station.
All associated permits, easements, fees, and appurtenances shall be provided for construction
of a functional lift station. Subsequent phases of the development shall add a sewer collection
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 40
system that flows by gravity into the Buckley Lift Station without the use of siphons, and shall
provide additional pump capacity needed at Tank Farm Lift Station for build out conditions.
51. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be
served to each lot to the satisfaction of the Public Works Department and serving utility
companies. Fiber-optic communication shall be provided from the existing lift station to the
new lift station and proposed park. All public and private sewer mains/laterals shall be shown
on the public improvement plans and shall be constructed per City Engineering Standards
unless a waiver or alternate standard is approved by the City. The plans shall clearly delineate
and distinguish public and private improvements.
52. All proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time of improvement plan approval, and shall have alignments for maintenance
of public infrastructure acceptable to the Public Works Department. All public utilities shall
be within the public right of way, and final alignments of all water and sewer mains shall be
approved by the Utilities Engineer.
53. All existing sewer and water infrastructure impacted by the proposed road improvements
located outside of the tract boundary shall be relocated by the development per the Engineering
Design Standards and to the satisfaction of the Utilities Director.
54. City utilities proposed for location/encroachment within the County portions of Buckley Road,
Buckley Road extension, and Vachell Lane shall be approved by the City and County via an
encroachment permit issued by the County to the developer or City, and prior to approval of
the improvement plans. If an encroachment permit is not issued by the County, the plans shall
be revised to omit said encroachment(s).
55. The subdivision grading and improvements plans shall clearly show the horizontal and vertical
alignment of the existing high-pressure gas main for reference. The plans shall honor the
existing easement provisions, line location and protections to the satisfaction of the Gas
Company.
56. Final grades and alignments of all public and/or private water, recycled water, sewer and storm
drains shall be approved to the satisfaction of the Public Works Director and Utilities
Department. The final location, configuration, and sizing of on-site service laterals and meters
shall be approved in conjunction with the review of the building plans, fire sprinkler plans,
and/or public improvement plans.
57. The limit, extent, and method of termination for all public utilities shall be approved for each
map/construction phase to the satisfaction of the City Utilities Engineer. Redundant mains or
mainlines located with limited access for maintenance may need to be redesigned prior to
issuance of a building permit and as directed by the Utilities Engineer. The extension of
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 41
mainlines along the subdivision boundary/frontage may be required for orderly development
prior to issuance of a building permit and as a directed by the Utilities Engineer.
58. Unless otherwise approved by the City Engineer, the gas main shall be located in a joint trench
in accordance with PUC and utility company standards to provide additional clearances within
the pavement section of all streets to accommodate the several City public utility mains.
59. The improvement plans shall show the location of all domestic and landscape water meters.
The plan shall include service lateral sizes and meter sizes. Sizing calculations shall justify
service and meter sizing prior to issuance of a building permit and to the satisfaction of the
Utilities Director. Water impact fees related to the irrigation water meter(s) shall be paid prior
to approval of the subdivision improvement plans for each map and/or construction phase
depicting that meter or those meters.
60. A final sewer report and supporting documentation for the design of the public sewer mains
shall be approved by the Utilities Department prior to approval of the public improvement
plans. The depth of the off-site and on-site sewer mains shall be approved to the satisfaction
of the Utilities Director. Alternatives to extend the sewer collection system along the Buckley
Road extension from Vachell Lane to South Higuera shall be included in the sewer report, and
sewer easements shall be identified by the developer from the county to intercept existing
sewer mains east of Highway 101.
61. The public improvement plan submittal shall show all existing and proposed overhead wire
utilities. Any existing overhead primary and secondary wiring within the tract boundary shall
be undergrounded in conjunction with the subdivision improvements. Unless otherwise
specifically approved, pole relocation in lieu of undergrounding is not permitted. Off-site
service drops shall be eliminated. The new service feeds for the subdivision shall be completed
by underground wiring without a net increase in utility poles. Terminal end utility poles shall
be located off-site unless otherwise approved by the City.
62. Any widening of streets with existing overhead wire utilities shall include the undergrounding
of the existing wiring. The City Engineer may require replacement streetlights per City
Standards where streetlights exist on wood poles.
63. The developer shall exhaust all reasonable efforts to eliminate or underground the existing
overhead wiring located along the tract boundary. The elimination and/or undergrounding
shall consider existing services and/or utilization equipment to remain. The plan to eliminate,
reduce, or underground the existing services shall be approved to the satisfaction of the City,
Cal Trans, PGE, and billboard easement grantee. Undergrounding service to any existing or
proposed water well shall consider standard farming operations and the depth of deep ripping.
Any proposal for partial undergrounding, waiver, or deferral shall be subject to the approval
of the Community Development Director.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 42
64. Preliminary undergrounding plans for the entire subdivision shall be processed through PGE
and any respective wire utility companies in conjunction with public improvement plan
submittal. The preliminary PGE plans/memo shall be provided to the engineer of record and
the City for review and approval prior to commencing with the PGE final handout package.
The final PGE handout package shall be approved by the engineer of record and City prior to
commencing with construction.
65. Irrigation systems using recycled water shall be designed and operated as described in the
City’s Procedures for Recycled Water Use, including the requirement that sites utilizing
recycled water require backflow protection on all potable service connections. Three sets of
irrigation plans shall be submitted for review during the City’s improvement plan and/or
building permit review process. The public neighborhood park within the 11.55-acre parcel
located in the eastern part of the development can have the option of using a groundwater well
for irrigation, in accordance with the municipal code, in addition to the recycled water service
being provided by the vesting tentative map.
66. The project’s Landscape Plan shall be consistent with provisions of the City’s water
conservation efforts in effect at the time of development, requiring an Estimated Total Water
Use (ETWU) below the Maximum Applied Water Allowance (MAWA).
Grading, Drainage, and Stormwater
67. Any permit approvals required from the Army Corps of Engineers, California Fish and
Wildlife Service, or the Regional Water Control Board shall be secured and presented to the
City prior to the approval of any subdivision grading and/or improvements related to the
jurisdictional area for each construction phase. The engineer of record shall review the permit
approvals and any specific permit conditions for compliance with the plans, subdivision
improvement designs, drainage system design/report, and soils report. The engineer of record
shall forward the permits to the City with a notation that he or she has reviewed the and
determined that the design of the improvements are in general conformance with the permits.
68. The public improvement plans submittal shall clarify how any wetlands, creek corridors, and
riparian habitat areas will be preserved to the satisfaction of the Natural Resources Manager.
Include any specific details for the proposed creek crossings in accordance with any
preservation strategies, mitigation measures, and other requirements and needed permits from
agencies with jurisdiction or permitting authority. Sensitive areas shall be staked, fenced, or
otherwise delineated and protected prior to commencing with construction, grading, or
grubbing.
69. The developer shall exhaust reasonable efforts to eradicate and control the expansion of any
known non-native invasive plant species to the satisfaction of the Natural Resources Manager.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 43
These plants may require treatment in advance and prior to commencing with ground
disturbing activities and grading.
70. Expansion index testing or other soils analysis may be required on a lot -by-lot basis for all
graded pads and for in-situ soils on natural lots in accordance with the current Building Codes
or as otherwise deemed necessary by the City Engineer or Building Official.
71. Final pad certifications shall include the certification of pad construction and elevations. The
soils engineer shall certify all grading prior to acceptance of the public improvements and/or
prior to building permit issuance. The certification shall indicate that the graded pads are
suitable for their intended use.
72. Cut and fill slopes shall be protected as recommended by the soils engineer. Brow ditches,
drainage collection devices, and drainage piping may be required. The public improvement
plans, and final map shall reflect any additional improvements and private easements necessary
for slope protection and maintenance. Unless otherwise approved for public maintenance by
the City Engineer, brow ditches and drainage collection devices shall be maintained by private
property owners, a property owner association, CFD, Homeowners Association, or funded by
another Funding Mechanism.
73. A separate easement agreement for the existing unnamed channels, drainages, and creek
corridors shall be approved to the satisfaction of the City. The easement agreement shall be in
a format provided by the City. The agreement shall include the CFD, Homeowners
Association, or private property owner maintenance responsibilities, limitations in use within
the easement area, and City access rights for maintenance in an emergency or if the responsible
party fails to maintain.
74. The subdivision improvement plans shall include a complete grading plan to show site
accessibility in accordance with State and Federal regulations for all public and/or private
roads, transit stops, trails, paths, walks, bikeways, parks, and bridges where applicable. The
submittal shall provide additional analysis if site accessibility will not be provided and for any
feature or element where accessibility is purportedly not required. The accessibility
regulations or guidelines in effect at the time of subdivision improvement construction will be
applied.
75. The subdivision improvement plans, grading plans, drainage plans, and drainage reports shall
show and note compliance with City Codes, Standards and Ordinances, Floodplain
Management Regulations, specific plan stormwater provisions, Waterways Management Plan
Drainage Design Manual, and the Post Construction Stormwater Regulations as promulgated
by the Regional Water Quality Control Board, whichever pertinent sections are more
restrictive.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 44
76. The final grading/retaining wall designs proposed along the creek corridors shall by approved
to the satisfaction of the City Engineer, Community Development Director, and Natural
Resources Manager. The developer shall exhaust all reasonable efforts to pr ovide natural
slopes, planted rock slopes, gravity walls, stacked rock walls, or other approved materials.
Wall designs shall comply with City Engineering Standards, the Waterway Management Plan,
and City policy/design guidelines. The preferred wall desi gn(s) may require additional
encroachment into the channel and/or adjoining developed lands.
77. The improvement plan submittal shall include a complete grading, drainage, and erosion
control plan. The proposed grading, drainage plan, and reports shall consider the proposed
construction phasing. Historic off-site and upslope watersheds tributary to the area of phased
construction shall be considered. Run-on from all adjoining developed or undeveloped parcels
shall be considered.
78. The final drainage report and improvement plans shall consider the drainage impacts from both
the existing phase 1 construction and build-out run-on from Tract 2943 (Earthwood).
79. The final drainage report and improvement plans shall consider run-on from the developed
parcel at 125 Venture. The plans shall clarify the purpose and intent of the existing partially
failed concrete channel located near the toe of slope along the easterly and southerly property
lines of 125 Venture. The developer shall work with the upslope prope rty owner to resolve
any maintenance issues, shall accept the drainage, or shall notify the City of any alternate
strategy to address any current drainage system failures, concentrate drainage, and erosive
outlet(s).
80. The final drainage report and improvement plans shall consider run-on from the undeveloped
parcel located at the northeast corner of Vachell and Venture. The plans shall clarify how the
historic drainage will be collected and conveyed in an approved manner to a non-erosive outlet.
Off-site improvements necessary to re-direct, collect, and/or convey the drainage shall be
included in the subdivision improvement plans.
81. The project plan and reports shall show compliance with the City’s Floodplain Management
Regulations and FEMA requirements. Portions of the project are located within an unstudied
A zone. The required Conditional Letter of Map Revisions Based on Fill (CLOMR-F) shall
be processed and approved by FEMA prior to commencement of construction or placement of
fill within the Special Flood Hazard Area (SFHA). The final LOMR-F shall be submitted to
FEMA, along with the required Community Acknowledgement form, within 6 months of the
completion of the grading for each pertinent phase of construction. The Community
Acknowledgement form may require the signatures of both the City of San Luis Obispo and
County of San Luis Obispo. The LOMR-F shall be approved by FEMA prior to acceptance of
the final building pad and development grades by the City of San Luis Obispo and prior to
building permit issuance.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 45
82. The revised 100-year flood limits shall be shown and noted on the improvement plans and an
additional final map sheet for reference. The drainage report and final plans shall clarify the
100-year flood elevations, clearances, and freeboard at all new vehicle bridge, pedestrian/bike
bridge, and any pipe bridge crossings of the creek corridors.
83. The improvement plans shall clarify the extent of improvements at each respective water well
site related to the proposed grading, grade lowering, etc. The plan shall include any alterations
to well head and appurtenant electrical service, pumps, and panel boards. The plans shall show
and note compliance with the City’s Floodplain Management Regulations, adopted Building
Code/Electrical Code, and Department of Water Resources requirements for protection of the
service equipment and the well/groundwater.
84. The engineer of record shall provide a digital copy of the final Hydrologic Engineering
Center’s River Analysis System (HEC-RAS) modeling to the City in accordance with Section
4.0 of the Waterways Management Plan Drainage Design Manual.
85. The final drainage report, Post Construction Stormwater Regulation compliance strategy, and
improvement plans shall include all required design details. The final reports and O & M
Manual shall consider any need for on-going maintenance. The plan shall include reasonable
provisions for the capture of silt, trash, and debris through pre-basins or other methods to
minimize the impacts to the detention basin(s).
86. The final stormwater reports, plan, and program shall include consideration of solid waste/trash
and floating trash removal from the stormdrain system and BMP’s prior to discharge to the
adjoining creeks and/or waterways. The strategy shall consider any City or State regulations
or guidelines regarding trash removal available at the time of public improvement plan
development and shall be approved to the satisfaction of the City Engineer.
87. The developer shall prepare an Operations and Maintenance Manual for review and approval
by the City in conjunction with the development of any stormwater BMP’s that wil l be
maintained by the Homeowners Association, Property Owner Association, CFD, or by private
property owners. A Private Stormwater Conveyance Agreement shall be recorded in a format
provided by the City prior to final inspection approvals and acceptance of subdivision
improvements.
88. The subdivider/developer shall provide notification to private property owners regarding any
individual maintenance responsibility of any parkway or backyard stormwater BMP’s in
accordance with Section E.2 of the RQWCB Resolution R3-2013-0032. The notification may
be by Notice of Requirements or other method acceptable to the City.
89. The stormwater improvements other than City Standard public storm drain infrastructure shall
be maintained by CFD, private property owners, property owner association, and/or an HOA.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 46
A separate encroachment/hold harmless agreement may be required in conjunction with certain
improvements proposed for location within the public rights-of way.
90. The final details for any proposed bio-retention facilities or other stormwater BMP’s located
within the public right-of-way shall be approved to the satisfaction of the City Engineer. The
project soils engineer shall review and provide recommendations on any proposed site-
constructed and/or proprietary retention systems. Analysis of impacts to the public
improvements, protection of utilities, and methods to minimize piping and protection of private
properties shall be addressed in the final analysis.
91. The proposed detention basins and any pre-basin shall be designed in accordance with the
Waterways Management Plan Drainage Design Manual. The proposed surface runoff and
drainage from the detention basin(s) shall include a non-erosive outlet to an approved point of
discharge. The outlet(s) design and location should replicate the historic drainage where
feasible. Any off-site detention basin, temporary basin, or other drainage improvements shall
be subject to approval by the City. Any required or proposed off-site grading or drainage
improvements shall be completed within recorded easements or under an appropriate license
or other private agreement.
92. If applicable, the CC&R’s shall entitle the owners of the commercial lots, and any parcels
resulting from the further subdivision of those parcels to annex to the HOA to allow a common
stormwater management strategy for the subdivision, at the option of those owners unless they
will otherwise be self-contained in regard to stormwater requirements. The subsequent
development/re-subdivisions may, at the sole discretion of those developers or subdividers,
annex to the HOA, or demonstrate to the satisfaction of the City how they will provide storm
drainage mitigation through their own development strategies and/or subdivision designs and
their own Homeowners Association/property owner associations. The association or private
property owner shall provide for maintenance of all private common area drainage channels,
on-site and/or sub-regional drainage basins, water quality treatment and conveyance
improvements. The CC&R's shall be approved by the City and shall be recorded prior to or
concurrently with recordation of the Final Map. A Notice of Annexation or other appropriate
mechanism to annex future phases of the subdivisions into the HOA, including but not limited
to any shared regional detention basin, shall be recorded concurrently with the map.
93. Any existing areas of swale, creek and/or channel erosion shall be stabilized to the satisfaction
of the City Engineer, Natural Resources Manager, and other permitting agencies. The existing
channel shall be cleared of any illegal dumping, construction debris, grade level crossings, or
other deleterious material to the satisfaction of the City Natural Resources Manager.
94. The project soils engineer shall review the final grading and drainage plans and Low Impact
Development (LID) improvements. The soils report shall include specific recommendations
related to public improvements, site development, utility, and building pad/foundation
construction related to the proposed LID improvements. The project soils engineering report
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 47
shall be referenced on the final map in accordance with the Subdivision Regulations and City
Engineering Standards.
95. A Storm Water Pollution Prevention Plan (SWPPP) is required in accordance with State and
local regulations. A hard copy of the SWPPP shall be provided to the City in conjunction with
the Public Improvement Plan submittal and subsequent building plan submittals. The Water
Discharge Identification (WDID) number shall be included by reference on all construction
plans sets. An erosion control plan shall be included with the improvement plans and all
building plan submittals for demolitions, grading, and new construction.
96. The project development and grading shall comply with all air quality standards and mitigation
measures. The developer shall provide written notification from the County Air Pollution
Control District (APCD) to the City regarding compliance with all local, state, and federal
regulations including but not limited to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) regulations related to Naturally Occurring Asbestos (NOA) prior to plan
approval, permits, and commencing with development grading.
Transportation Division - Public Works Department
97. Unless a design exception is approved by the Public Works Director, the final map shall
conform to City adopted Engineering Standards, Engineering Specifications, Policies and
Plans.
98. Project construction and infrastructure shall be completed in the sequential phase order as
evaluated in the Avila Ranch Final EIR and Transportation Impact Study, or as agreed to
between the City and Developer. If phasing is modified, amendments to the Development Plan
and EIR may be required.
99. The applicant shall submit a final Transportation Improvement Phasing Plan for each final map
development phase of the Project for City review and approval prior to recordation of the first
final map.
100. Buckley Road Extension The Buckley Road Extension from Vachell to South Higuera
Street, which includes a Class I bicycle path to the north side of the road, Class II bicycle
lanes on both sides of the road; improvements to the intersection of Buckley Road at Higuera
Street including widening of Higuera Street for dedicated northbound right turn lane and
southbound left turn lane; installation of a traffic signal with pedestrian crossing devices
(including striping and signage) and streetlights; and improvements to the intersection of
Buckley Road at Vachell Lane including widening of Vachell Lane for dedicated southbound
right and left turn lanes, widening of Buckley Road for a dedicated eastbound left turn lane,
and installation of street lights, shall be constructed by the subdivider prior to issuance of the
occupancy permit for the first unit of Phase 2 development. Design and construction of these
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 48
improvements shall be initiated by the applicant prior to issuance of building permits for
Phase 2. In conjunction with these improvements, the applicant shall be responsible for
submitting improvement plans for retiming of the traffic signal at South Higuera & Los Osos
Valley Road, and for installation of signage at the South Higuera & Buckley intersection to
inform drivers of additional access to Highway 101 at Ontario Road. Prior to recordation of
the Phase 1 final map, the applicant shall complete the design of these improvements 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. Please refer
to Engineering Development Review condition on dedications and easements.
101. Earthwood Lane Extension The extension of Earthwood Lane from the project site north to
its existing terminus south of Suburban shall be constructed by the subdivider prior to issuance
of building permits for Phase 1 development. This extension shall be constructed to full City
Standards for a residential collector with a width of 44 to 60 feet. The cross section for the
off-site extension of Earthwood shall be modified in the final map to include eight-foot Class
II bike lanes in place of on-street parking. The applicant shall be responsible for addition of
curb markings, striping and signage to prohibit on-street parking on one side of the street in
order to add Class II bike lanes along the existing segment of Earthwood Lane south of
Suburban, based on a design and location at the discretion of and to be approved by City staff.
Prior to recordation of the final map, the applicant shall complete the design of these
improvements 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. Please refer to Engineering Development Review condition on dedications and
easements.
The existing section of Earthwood lane shall be restriped to add Class II bike lanes by
removing parking on one side of the street. The striping design shall be determined as part of
preparation of the Public Improvement Plans in consultation with surrounding property
owners.
102. Suburban Road Improvements The subdivider shall prepare a detailed improvement plan
for Suburban Road to bring this road into conformance with City Standards for a commercial
collector road with a width of 44 to 68 feet. Improvements include widening of substandard
sections near the east end of the roadway, completion of sidewalk segments, installation of
street trees, pedestrian crossings, addition of Class II bike lanes, and striping improvements
at the South Higuera & Suburban intersection to extend the length of the westbound left- and
right-turn lanes. Improvements from South Higuera to Earthwood shall be designed and
construction shall be initiated prior to issuance of building permits for Phase 1 development.
Improvements shall be completed prior to issuance of an occupancy permit for the 1st
residential unit of Phase 1 development. Improvements from Earthwood to Horizon/Jespersen
shall be designed and construction shall be initiated prior to issuance of building permits for
Phase 4 development. Improvements shall be completed prior to issuance of an occupancy
permit for the 100th residential unit of Phase 4 development. Prior to recordation of the final
map for each phase, the applicant shall complete the design of these improvements and
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 49
exhaust all feasible efforts to acquire the necessary off-site dedications, easements, and
agreements for construction all to the satisfaction of the Public Works Department. Please
refer to Engineering Development Review condition on dedications and easements.
103. Vachell & Venture, Vachell & Earthwood Ingress and egress to the development in Phase
1 at the intersections of Vachell & Venture and Vachell & Earthwood shall be restricted to
emergency vehicles, transit, bicycles and pedestrians only. Construction of access restrictions
shall be completed by the subdivider and operational prior to occupancy of Phase 1
development, but may also need to be completed during construction periods to mitigate
vehicle intrusion to the satisfaction of the Public Works Director. These access restrictions
shall be removed upon completion of the Buckley Road Extension in Phase 2.
104. South Higuera & Vachell Measures to restrict left turns into and out of the intersection of
South Higuera & Vachell shall be constructed by the subdivider after the Buckley Road
Extension is completed under Phase 2 of the Development Plan. Improvements shall be
designed, and construction shall be initiated prior to issuance of building permits for Phase 2
development. Improvements shall be completed prior to issuance of the occupancy permit for
the first residential unit of Phase 2 development.
105. Vachell Lane Bike Lanes Unless otherwise approved by the Public Works Director, prior to
issuance of building permits for Phase 1, the subdivider shall install Class II bicycle lanes
along Vachell Lane between Buckley and South Higuera. Work within the County right-of-
way shall require an encroachment permit by the County Department of Public Works which
may establish additional conditions.
106. Jespersen Road/Horizon Lane Connection to Suburban The subdivider shall prepare a
detailed improvement plan for the Jespersen Road/Horizon Lane connection between
Suburban Road and the project boundary to bring this road into conformance with City
standards for a commercial collector of width between 44 and 60 feet. This shall include
improvements to the intersection of Suburban and Horizon/Jespersen to be consistent with
City Engineering Standards. Construction of these improvements shall be initiated prior to
issuance of building permits for Phase 4 development and improvements shall be completed
by the subdivider and open to travel prior to issuance of an occupancy permit for the 100 th
residential unit of Phase 4 development. Prior to recordation of the final map the applicant
shall complete the design of this improvement and exhaust all feasible efforts to acquire the
necessary off-site dedications, easements, and agreements for constr uction all to the
satisfaction of the Public Works Department. Please refer to Engineering Development
Review condition on dedications and easements.
107. Buckley Road Frontage Improvements Design and construction of all Buckley Road
improvements along the project frontage from the Tank Farm Creek Bridge to the eastern site
boundary, including but not limited to, a Class I path to the north side of the road and Class
II bike lanes, shall be initiated prior to issuance of building permits for Phase 4 development.
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 50
Improvements shall be completed no later than the issuance of an occupancy permit for the
50th residential unit of Phase 4 development.
108. Buckley Road Intersection Connections All new intersection connections to Buckley Road
shall include, but not be limited to, widening of Buckley Road at each proposed intersection
to the subdivision for a dedicated left turn lane, widening in accordance with HDM 405.7 for
high speed intersections, and installation of street lights. All work shall require an
encroachment permit issued by the County.
109. Buckley Road Bicycle Bridges at Tank Farm Creek. A separate bicycle bridge shall be
constructed on each side of the existing The Buckley Road–Tank Farm Creek bridge (two
total bicycle bridges). Improvements shall be constructed concurrently with the extension of
Buckley Road to South Higuera prior to Phase 2.
110. Earthwood & Venture, Jespersen & Venture, Jespersen & Wright Brothers. Single lane
roundabouts shall be constructed by the subdivider at the intersections of Earthwood &
Venture (Phase 1), Jespersen & Venture (Phase 4) and Jespersen & Wright Brothers Way.
(Phase 4) prior to the issuance of building permits for the phase in which each is to be
constructed. Prior to recordation of the final map, the applicant shall complete the design of
the roundabouts to the satisfaction of the Public Works Director. The final map shall reflect
any lot adjustments resulting from final roundabout design.
111. South Higuera Pedestrian Improvements. The subdivider shall design and construct ADA-
compliant sidewalks and pedestrian ramps on the east side of South Higuera to provide a
continuous path of travel from Vachell Lane to the City Limit. Design and construction of
improvements between Vachell Lane and Los Osos Valley Road shall be initiated prior to
issuance of building permits for Phase 1 development. Improvements shall be completed prior
to issuance of an occupancy permit for the first residential unit of Phase 1 development.
Design and construction of improvements between Los Osos Valley Road and the City Limit
shall be initiated prior to issuance building permits for Phase 2 development. Improvements
shall be completed prior to issuance of an occupancy permit for Phase 2 development.
112. South & Higuera. The subdivider shall design and construct the extension of the northbound
right-turn lane from Higuera to South as illustrated in Figure 3.12-4 of the project EIR. Design
and construction of improvements shall be initiated prior to issuance of building permits for
Phase 1 development. Improvements shall be completed and operational prior to the issuance
of occupancy permits for the first residential unit for Phase 1 development. These
improvements may be eligible for credits for project payments of the Citywide TIF program,
as determined by the Public Works Director.
113. South Higuera & Prado Near-Term Improvements. The City will undertake widening of
the Prado Road Bridge and installation of a second northbound left-turn lane at the
intersection of South Higuera & Prado as a capital improvement project. The applicant shall
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 51
also contribute a fair share fee for widening of the Prado Road Bridge just west of South
Higuera through payment of applicable Citywide transportation impact fees. If the City
amends the Citywide TIF or AASP impact fee program to include installation of a second
northbound left-turn lane at the South Higuera & Prado intersection, payment of these impact
fees shall suffice as appropriate mitigation for the project’s participation in these
improvements. If the Citywide TIF or AASP impact fee programs are not amended to include
this improvement, the City may establish an ad hoc fee program for that purpose. The
applicant shall pay its fair share of the improvement by payment of the amended Citywide
TIF or the ad hoc fee.
114. Tank Farm & South Higuera Near-Term Improvements. The subdivider shall design and
construct the extension of the second southbound left-turn lane from Higuera to Tank Farm.
Design and construction of improvements shall be initiated prior to issuance of building
permits for Phase 1 development. Improvements shall be completed and operational prior to
the issuance of occupancy permits for the first residential unit for Phase 1 development. These
improvements are part of the AASP financing plan and may be eligible for credits or
reimbursements, as determined by the Public Works Director.
115. Prior to issuance of building permits, the subdivider shall pay applicable Citywide, Los Osos
Valley Road Subarea and AASP Subarea transportation impact fees.
116. Prior to recordation of the final map for each development phase, the subdivider shall pay its
fair share mitigation costs proportional to each phase for the intersection improvements
prescribed in the project EIR (see Table 29 of Appendix P – Transportation Impact Study).
Additional fair share mitigation contributions for cumulative project impacts are required as
follows:
a. Buckley & State Route 227. The applicant shall pay fair share mitigation fees to fund
the installation of a roundabout at the intersection of Buckley & State Route 227. If the
City amends the AASP impact fee program to include this improvement, this fee will
suffice as appropriate mitigation for the project’s participation in the improvements at
this intersection. The applicant shall pay the applicable impact fees prior to issuance of
a building permit for each unit. If the AASP impact fee program is not amended to
include the improvement, the applicant shall pay its fair share mitigation cost as
prescribed in the project EIR prior to recordation of the final map for Phase 1.
b. South Higuera & Los Osos Valley Road. The applicant shall pay fair share
mitigation fees to fund the installation of a second southbound right -turn lane at the
intersection South Higuera and Los Osos Valley. If the City amends the Citywide TIF
program to include this improvement, this fee will suffice as appropriate mitigation for
the project’s participation in these improvements and shall be paid prior to issuance of
building permits for each phase. If the Citywide TIF is not amended to include this
improvement, the City may establish an ad hoc fee program for that purpose and the
applicant shall pay its fair share mitigation cost prior to final map recordation for each
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 52
phase. The applicant shall pay its fair share of the improvement by payment of the
amended Citywide TIF or the ad hoc fee.
c. South Higuera Class I Path. The applicant shall pay fair share mitigation fees to fund
the construction of a Class I bicycle path from the Buckley Road & South Higuera
intersection to the Los Osos Valley & Highway 101 southbound ramps intersection
connecting to the Bob Jones Trail. If the City amends the Citywide TIF to include this
improvement, this fee will suffice as appropriate mitigation for the project’s
participation in these improvements and shall be paid prior to issuance of building
permits for each phase. If the Citywide TIF is not amended to include this
improvement, the City may establish an ad hoc fee program for that purpose and the
applicant shall pay its fair share mitigation cost prior to final map recordation for each
phase. The applicant shall pay its fair share of the improvement by payment of the
amended Citywide TIF or the ad hoc fee.
d. South Higuera & Prado Cumulative Improvements. Prior to issuance of building
permits, the applicant shall pay fair share mitigation fee to the City to fund the widening
of the Prado & South Higuera intersection to accommodate a dual left-turn lane, dual
through lanes, and a right-turn lane on all approaches. Part of this share may be
contained within existing fee programs and may ultimately be incorporated in full into
an amended Citywide TIF program. If amended into the Citywide TIF fee program,
payment of those fees will suffice as appropriate mitigation for the project’s
participation in the improvements at this intersection and shall be paid prior to issuance
of building permits for each phase. If not amended into the Citywide TIF program, the
fair share mitigation fee shall be determined by the City prior to recordation of final
maps and will be adjusted annually based on Engineering News-Record’s Construction
Cost Index (CCI) until final building permits are complete. Alternatively, the applicant
could pay the full fee as part of final map recordation for each phase of development.
e. South Higuera & Tank Farm Cumulative Improvements. The applicant shall pay
fair share mitigation fees to fund improvements to the intersection of South Higuera &
Tank Farm to provide: 1) the extension of the northbound right-turn lane, 2) the
installation of a “pork chop” island to assist pedestrian crossings, and 3) widening on
the south side of Tank Farm to provide a slip lane for right-turning traffic. If the City
amends the AASP program to include this improvement, this fee will suffice as
appropriate mitigation for the project’s participation in these improvements. If the
AASP program is not amended to include this improvement, the fair share mitigation
fee shall be determined by the City prior to recordation of final maps and will be
adjusted annually based on Engineering News-Record’s Construction Cost Index (CCI)
until final building permits are complete. Alternatively, the applicant could pay the full
fee as part of final map recordation for each phase of development.
f. Tank Farm/Horizon. The applicant shall pay fair share mitigation fees to fund the
installation of an additional northbound right-turn lane or roundabout at the intersection
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 53
of Tank Farm & Horizon. If the City amends the AASP program to include this
improvement, this fee will suffice as appropriate mitigation for the project’s
participation in these improvements. If the AASP program is not amended to include
this improvement, the fair share mitigation fee shall be determined by the City prior to
recordation of final maps and will be adjusted annually based on Engineering News -
Record’s Construction Cost Index (CCI) until final building permits are complete.
Alternatively, the applicant could pay the full fee as part of final map recordation for
each phase of development.
g. Buckley/Vachell. The applicant shall pay fair share mitigation fees to fund the
installation of a traffic signal or single-lane roundabout at the intersection of Buckley
& Vachell. While not required, this work may be implemented as part of the Buckley
Road extension being installed prior to Phase 2 development. If the City amends the
AASP program to include this improvement, this fee will suffice as appropriate
mitigation for the project’s participation in these improvements. If the AASP program
is not amended to include this improvement, the fair share mitigation fee shall be
determined by the City prior to recordation of final maps and will be adjusted annually
based on Engineering News-Record’s Construction Cost Index (CCI) until final
building permits are complete. Alternatively, the applicant could pay the full fee as part
of final map recordation for each phase of development.
117. Transit Service. The applicant shall coordinate with SLO Transit to ensure that adequate
service would be provided to the two proposed bus stops and project area. The bus stops shall
be constructed by the applicant within the respective phase’s development area and shall
include on-street turnouts per City Standards. The applicant shall design and pay for
installation any physical improvements to Earthwood and Suburban needed to accommodate
future service to the site. Prior to recordation of the final map, the applicant shall complete
the design of the bus turnouts to the satisfaction of the Public Works Director. The final map
shall reflect any lot adjustments resulting from final bus stop/turnout design. Proposed on-site
transit service shall meet standards stated in General Plan Circulation Element Policy 3.1.6
(Service Standards). Prior to issuance of an occupancy permit for the 50th residence of Phase
1 development, the applicant shall ensure that adequate transit facilities w ould be available
for the project site.
118. Prior to recordation of the final map for each phase, design shall be completed for in -tract
traffic calming to the approval of the Public Works Director, per Final EIR Mitigation
Measures MM TRANS-3b. The final map shall reflect lot adjustments resulting from
completed traffic calming design, where applicable.
119. As part of final map, the subdivider shall dedicate access easements for potential
pedestrian/bicycle connections at the following locations:
a. Between the Tank Farm Creek Class I path and Earthwood Lane (via access easement
between Lots 7-10).
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 54
b. Between Earthwood Lane and the Tank Farm Creek Class I path near the Phase 1
bridge crossing Tank Farm Creek (via access easement between Lots 19-22).
c. Between Earthwood Lane and Tango Way (via access easement through Lot 87 and
lots north of park)
d. Between Bravo Court (via easement through Lot 183).
e. Between Foxtrot Court, Earthwood Lane and Tank Farm Creek (via easement through
Lot 230 park).
f. Between Earthwood Lane and Kitty Hawk Court (via easement through Lot 312 or
318)
g. Between Venture Drive and Kitty Hawk Court (via easement through Lot 341/342)
120. With the exception of local streets, on-street parking shall be prohibited on all new streets
within the plan area.
121. The improvement plans shall include striped bike lane buffers along applicable streets with
Class II bike lanes to the satisfaction of the Public Works Department.
122. To minimize traffic impacts, a trip reduction plan and implementation program is required.
The plan shall include at a minimum, a) designation of a coordinator to administer the
program, and b) dissemination of carpool, carshare, bicycling and transit information. The
trip reduction plan information shall be provided to all new occupants as part of home sales,
commercial leases/sales or rental agreements. A draft of the plan shall be submitted for
review as part of the building permit application for Phase 1 development. Occupancy shall
not be granted until the plan has been approved by the Public Works Director.
123. Add a roadway classification sheet to the final map that is consistent with the General Plan
classification system and Avila Ranch project EIR recommendations.
124. The developer shall install continuous sidewalk improvements along Vachell Lane from
Venture northerly to conform to the existing sidewalk improvements. The City Council may
consider exercising its powers of eminent domain to acquire any off-site right-of-way
dedication necessary to complete these improvements as provided in Government Code
section 66462.5.
125. The developer shall design and install a southbound left turn lane on Vachell Lane at Venture
per City Engineering Standards if the improvement is determined to be feasible to the
satisfaction of the Public Works director. If determined to be infeasible this condition is
waived. The City Council may consider exercising its powers of eminent domain to acquire
any off-site right-of-way dedication necessary to complete these improvements as provided
in Government Code section 66462.5.
126. Prior to issuance of building permits for Phase 1 the developer shall design a ramp meter for
the SB 101 On-Ramp at Los Osos Valley Road as identified in the US 101 Corridor Mobility
Resolution No. PC-1006-17
GENP-1319-2015, SPEC/ER-1318-2015, SBDV-2042-2015 (175 Venture Drive)
Page 55
Master Plan and submit the plans to Caltrans for approval and encroachment permit to
construct. The applicant shall construct the ramp meter within 6 months of Caltrans issuance
of the encroachment permit. The ramp meter shall be constructed prior to occupancy of the
75th unit. The applicants share of this cost is established at 3%, costs above and beyond this
fair share proportion are eligible for crediting against Los Osos Valley Road Interchange Sub
Area Impact fees.
Prior to issuance of building permits for Phase 1 the developer shall also design a ramp meter for
the SB 101 On-Ramp at S. Higuera at identified in the US 101 Corridor Mobility Master Plan,
submit the plans to Caltrans, adequately respond to comments, and receive State concurrence on
the design. If Caltrans does not respond to submittals within 60 working days this requirement
specific to 101 at S. Higuera is considered satisfied.
Natural Resources
127. The developer shall provide the potential for water well irrigation to all areas of the Open
Space/Agricultural zoned and mapped lot(s) to help promote a viable agricultural operation.
The potential for irrigated agriculture shall be pursued unless dryland farming is otherwise
approved by the City. Well irrigation shall be available to the designated Agricultural land to
remain prior to the physical and/or practical displacement of the existing water well supply.
The three distinct agricultural areas shall be served by existing proven wells or shall be
provided with a new water well or wells. The existing or proposed well development and
basic irrigation services shall be approved by the City. The irrigation well development plan
shall be reviewed by a geologist and agriculturist and shall be submitted with their respective
recommendations to the City for review and approval. The final development shall be
certified as being in general conformance with the plan and recommendations. The well water
quality shall be acceptable for the intended use or shall be treated to achieve the intent. The
well development shall include but is not limited to well construction, development, testing,
electrical supply, panel board, controller equipment, and pumping equipment. Any private
irrigation system crossing of a public street shall be approved by the City Engineer and shall
be accompanied by an encroachment agreement in a format provided by the City.
128. The Agricultural and Open Space areas shall be delineated and protected prior to commencing
with any demolition, stockpile, subdivision grading, and development. The delineated areas
shall be shown and noted in the SWPPP and subdivision improvement plans and shall not be
used for construction staging, stockpile, or borrow areas unless specifically approved by the
City.
129. The subdivision grading and improvement plans shall include details of the interface between
the agricultural fields/access roads and the adjoining open space, creek corridors, public
roadways, and Class 1 bikeways to the satisfaction of the City. The plan shall include
temporary and appropriate permanent delineation fencing. The plan shall include a detailed
grading and drainage strategy to promote the viability of the agricultural operations and to
protect adjoining public improvements. The submittal shall include a detailed operational
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
1
SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo considers and relies on the Final Environmental Impact
Report (EIR; State Clearinghouse Number 2015081034) for the Avila Ranch Development Plan in
determining to carry out the Project. The Avila Ranch Development Plan includes a General Plan
Amendment, amendments to the Airport Area Specific Plan (AASP), and a Vesting Tract Map (VTM), as
described in the Final EIR Project description for the development of the 150-acre Project site. (“Project”).
The Final EIR consists of the Draft EIR, responses to comments on the Draft EIR, a list of persons and
agencies commenting on the Draft EIR, a Mitigation Monitoring and Reporting Program, and technical
appendices. 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 Avila Ranch
Development Project.
• The City of San Luis Obispo Avila Ranch Development Project Final Environmental Impact Report
(June 2017).
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
Avila Ranch Development Plan and reflects the City’s independent judgment. This document incorporates
by reference the Final EIR. The EIR, specific plan, and other portions of the administrative record are
available for review at:
City of San Luis Obispo
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
2
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
Contact: Doug Davidson
(805) 781-7177
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 Avila Ranch Development Plan is intended to contain policies
and standards that will facilitate appropriate development of land, protection of open space, and provision
of adequate public facilities. The overall objective of the Avila Ranch Development Plan is to adopt a
specific plan for the Avila Ranch project site, pursuant to the City General Plan. The City’s objectives for
the Avila Ranch Development Plan include:
1. Development of an economically feasible specific plan that is consistent with, and implements
policies within the City’s LUCE and AASP;
2. Establishment of a complete “linked” community with the inclusion of amenities such as
neighborhood parks and commercial goods and services that can serve the neighborhood;
3. Provision of a variety of housing opportunities for a wide range of socioeconomic groups and
affordability levels;
4. Provision of a well-connected open space network that includes the addition of community gardens,
neighborhood parks, bicycle paths, pedestrian sidewalks, open space buffers, and spaces for
recreational activities;
5. Establishment of an internal transportation and circulation network of collector and residential
roads, Class I and II bicycle paths, and pedestrian sidewalks that is integrated with, and enhances
the regional transportation system;
6. Restoration of Tank Farm Creek with improvements to the riparian creek corridor and
establishment of open space buffers; and,
7. Model sustainable development practices and design features and achieve compliance with
Leadership in Energy and Environmental Design Neighborhood Development (LEED-ND) Silver
standards and the County of San Luis Obispo’s Emerald certification rating.
B. PROPOSED PROJECT (MITIGATED PROJECT ALTERNATIVE)
The Applicant intends to seek approval of the version of the Avila Ranch Development Plan studied in the
Mitigated Project Alternative (MPA) (described and analyzed in Section 5.4.2.2 of the EIR) rather than the
original proposed Project. Similar to the proposed Project, the MPA consists of a General Plan Amendment,
and AASP Amendment, and a Vesting Tract Map (VTM) for a 150-acre Project site. A comparison of the
MPA to the original proposed Project is located in Table 5-1 of the FEIR. The MPA would also address a
Development Agreement/Memorandum of Understanding, which provides a mechanism for Project
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
3
implementation. The Avila Ranch Development Plan is intended to be consistent with the development
parameters described in the City’s Land Use and Circulation Element (adopted in December 2014). The
MPA includes construction of up to 720 residential units and 15,000 square feet of commercial
development, with a portion of the site preserved for agriculture and open space uses. In addition, the MPA
would include the following features, which were either previously required as mitigation for significant
impacts under the Project or have been included as design features to enhance consistency with applicable
plans and policies; more specifically, the following features have been included as aspects of the MPA to
reduce or avoid impacts attributed to realignment of Tank Farm Creek or phasing of transportation and
circulation improvements:
1. The North-South Tank Farm Creek Segment alignment would be retained and widened to
accommodate flood flows to reduce impacts to riparian habitat, rather than realignment and
extension of Tank Farm Creek through the site under the proposed Project (removes the need for
MM BIO-2f and MM BIO-3e).
2. The East-West Channel alignment would be retained to reduce hydrological impacts and preserve
in-channel wetland habitat, rather than removing the channel under the proposed Project (removes
the need for MM HYD-2c).
3. Creek/riparian buffer setbacks would be established at 35 feet, with a minimum 20-foot buffer
along no more than 700 linear feet to improve habitat and the wildlife corridor, rather than a general
varying 5 – 25-foot setback under the proposed Project.
4. The Tank Farm Creek Class I Bicycle Path would be set back a minimum of 35 feet from the top
of the creek bank/riparian canopy with a 20-foot minimum setback along no more than 700 linear
to improve habitat and the wildlife corridor, rather than allowing the Tank Farm Creek Class I
Bicycle Path within the creek/riparian buffer under the proposed Project.
5. Retaining/flood walls would be setback along the east side of the creek at the toe of the slope along
the creek corridor to improve erosion protection and bio-filtration for runoff, rather than not
including any retaining/flood walls along Tank Farm Creek under the proposed Project.
6. Implement turn restrictions on Vachell Lane/South Higuera Street under Phase 2 after the Buckley
Road Extension is completed (removes the need for MM TRANS-2b).
7. Restricted ingress and egress during Phase 1 at the Project site border on Venture Drive and the
Vachell Lane/Earthwood Lane intersection, which would be removed under Phase 2, concurrent
with the Buckley Road Extension (removes the need for MM TRANS-2c).
8. Construction of an interim bus turn-around location within the Project site or other measures as
deemed appropriate by the City to accommodate this interim transit access due to required site
access limitations during Phase 1 construction; the roundabout at Venture Drive/Earthwood Lane
has been designed to serve this purpose and no interim improve ments should be needed (removes
the need for MM TRANS-2c).
9. Construction of Class II bicycle lanes that connect to the regional bicycle network along the entire
stretch of Vachell Lane, between Buckley Road and South Higuera Street, as part of Phase 1
development (removes the need for MM TRANS-2d).
10. Construction of Buckley Road frontage improvements from Tank Farm Creek to Phase 1
development from Vachell Lane to the Class II bicycle lane to bicycle path diversion, Phase 5 from
the diversion up to and including the Jesperson/Buckley intersection, and the remaining portion
with Phase 6 (removes the need for MM TRANS-2f).
11. Extension of the Jespersen Road/Horizon Lane connection as well as improvements to bring this
road segment to City standards for a residential collector as part of Phase 4 (removes the need for
MM TRANS-2e).
The Avila Ranch Development Plan under the MPA is proposed to be constructed in six phases. Phases 1,
2, and 3 would consist of development of 422 R-2 and R-4 residential units, along with Project site
preparation/grading, and utility and infrastructure improvements, with construction planned to begin in
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
4
2020 and anticipated to be completed by 2025. In addition, Phase 3 would include development of the
Interim Fire Station to provide service to the Project site and vicinity pending completion of City Fire
Station 5. Phases 4 and 5 would include development of the remaining 298 R-3 and R-1 residential units,
while Phase 6 would consist primarily of build out of commercial development, with construction planned
to begin in 2026 and anticipated to be completed by 2030. The proposed phasing plan is shown in Figure
2-14 (Project Phasing Plan) of the Final EIR.
These MPA elements are further described in the EIR, specifically Section 5.4.2.2, Mitigated Project
Alternative. The Avila Ranch Development Plan for the MPA is included in the EIR as Appendix Q, and is
available at the following link: http://www.slocity.org/government/department-directory/community-
development/planning-zoning/specific-area-plans/avila-ranch. Because the Applicant seeks approval of the
MPA, rather than the Project as originally proposed, the findings below relate to the MPA.
SECTION 3. ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The Final EIR was prepared in compliance with CEQA and State CEQA Guidelines. In accordance with
Section 15121 of the State CEQA Guidelines, the purpose of this Final EIR is to serve as an informational
document for the public and City of San Luis Obispo decision makers.
Pursuant to CEQA Guidelines Section 15182, “where a public agency has prepared an EIR on a specific
plan after January 1, 1980, no EIR or negative declaration need be prepared for a residential project
undertaken pursuant to and in conformity to that specific plan if the project,” as long as the residential
project is within the scope of the EIR, no new environmental effects are anticipated to occur, and no new
mitigation measures are required for the residential project.
In accordance with Section 15088 of the State CEQA Guidelines, Draft EIR was circulated for a 55-day
public review period that began November 23, 2016 and concluded on January 18, 2017. The original 45-
day comment period was scheduled to end on January 8, 2017, but was extended 10 days. The City held a
public Planning Commission hearing on December 14, 2016, which was continued on January 11, 2017, to
allow for additional time for the public to review the project and to receive public testimony in the form of
verbal comments on the Draft EIR.
In addition, Section 5.0, Other CEQA-Related Discussions, of the Draft EIR was recirculated for a 45-day
public review period that began February 21, 2017 and concluded on April 7, 2017. This section of the
Draft EIR was revised to include an updated discussion of energy use and conservation related to the project.
This recirculation also included the relevant portions of Appendix H as originally contained in the Draft
EIR. It should be noted that as a result of this new discussion, no new significant impacts or mitigation
measures were identified. Pursuant to Section 15088.5(c) of the State CEQA Guidelines, if the revisions
subject to recirculation are limited to a few portions of the Draft EIR, the lead agency need only recirculate
the portions that have been modified.
Responses to each written and verbal comment that the City received are included in Section 8.0, Response
to Comments of Final EIR. The Draft EIR and Responses to Comments collectively comprise the Final EIR
for the project.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
5
B. IMPACT ANALYSIS
Five categories of impacts are identified in the Environmental Impact Report:
Significant and Unavoidable (Class I) – a significant impact to the environment that remains significant
even after mitigation measures are applied. To approve a project resulting in significant
and unavoidable 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.”
Significant but Mitigable (Class II) – a significant impact that can be avoided or reduced to a less than
significant level with mitigation. When approving a project with significant but mitigable
impact, the decision makers must make findings that changes, mitigation measures, or
alternatives to the project have been incorporated that reduce the impacts to a less than
significant level.
Less than Significant (Class III) – a potential impact that would not meet or exceed the identified
thresholds of significance for the resource area.
No Impact (Class IV) – no impact would occur for the resource area.
Beneficial Impact (Class IV) – a positive effect on the natural or human environment would occur.
SECTION 4. FINDINGS FOR NON-ADVERSE OR BENEFICIAL
IMPACTS OF THE MITIGATED PROJECT ALTERNATIVE
The findings below are for impacts that would not result in adverse environmental effects or have a
beneficial effect on the natural and human environment (Class IV).
The City Council has concluded that the following impacts would not result in adverse effects on the natural
or human environment.
A. POPULATION AND HOUSING
1. Impact PH-2: The construction of 720 units under the MPA would provide additional housing for the
City of San Luis Obispo, having beneficial impacts related to the jobs/housing imbalance. (Refer to
pages 3.10-24 and 5-66 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have a beneficial effect.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
6
SECTION 5. FINDINGS FOR LESS THAN SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE MITIGATED PROJECT
ALTERNATIVE
The findings below are for impacts that are adverse, but would not result in significant effects on the
natural and human environment.
The City Council concluded that the following impacts would result in adverse, but less than significant
effects on the natural or human environment.
A. AESTHETICS
1. Impact VIS-1: Implementation of the MPA would result in impacts to the existing scenic resources
present at the site, particularly due to conversion of agricultural land to urban development, loss of
mature native trees along Tank Farm Creek, and impairment of distant views of Santa Lucia Mountains,
Islay Hill, and Irish Hills from adjacent public roads. (Refer to pages 3.1-21 and 5-44 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact VIS-2: The MPA would result in a change in the existing visual character of the site with the
change of the rural character to a commercial and residential neighborhood. (Refer to pages 3.1-25 and
5-44 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact VIS-3: Construction of the MPA would create short-term disruption of the visual
appearance of the site for travelers along Buckley Road, Vachell Lane, and Venture Drive. (Refer
to pages 3.1-27 and 5-44 of the Final EIR.)
a. Mitigation: The following measure was included as mitigation for the Project and is considered an
MPA project design feature to reduce visual disruption of the site and proposed development for
travelers along local roadways. City planning staff will confirm incorporation of this feature on
plan sets and submittals.
— Mitigation Measure VIS-3 (Project). The Applicant shall include the development of the entire
landscape and open space buffer outside of the URL within Phase 1 of the construction period.
Vegetation within the buffer would provide partial screening of ongoing construction.
b. Finding: The City finds that the impact would have an adverse, but less than significant effect. The
MPA includes an open space buffer and landscaped berm along Buckley Road that would be
constructed during Phase 1. This would reduce visual impacts from construction within the MPA
site from viewpoints along Buckley Road.
4. Impact VIS-4: The MPA would introduce a major new source of nighttime light, impacting the quality
of the nighttime sky and increasing ambient light. (Refer to pages 3.1-28 and 5-45 of the Final EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
7
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
5. Cumulative Aesthetic and Visual Resources Impacts: As determined in the LUCE Update EIR, all
development that adheres to applicable General Plan policies would result in less than significant
aesthetic impacts. Therefore, the overall aesthetic impact of cumulative development in the Project
vicinity would be less than significant. Cumulative effects under the MPA would be similar to those of
the Project as described on page 3.1-28 of the Final EIR.
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
B. AIR QUALITY
1. Impact AQ-3: Release of toxic diesel emissions during initial construction and long-term operation of
the Project could expose nearby sensitive receptors to such emissions. (Refer to pages 3.3-42 and 5-49
of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Cumulative Greenhouse Gas Emissions Impact: Due to the cumulative nature of greenhouse gas
emissions and the less than significant effects of the project, cumulative greenhouse gas e missions are
considered adverse, but less than significant. (Refer to pages 3.3-51 and 5-55 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
C. CULTURAL RESOURCES
1. Impact CR-1: The MPA would result in adverse impacts to the octagonal silo foundation, historic
feature P-40-038310. (Refer to pages 3.5-15 and 5-56 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
D. HAZARDS AND HAZARDOUS MATERIALS
1. Impact HAZ-2: The MPA would not create a hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials. (Refer to pages 3.6-26 and 5-58 of the Final
EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
8
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact HAZ-3: The MPA site is located within the LUCE defined AOZs and ALUP Safety Areas and
would potentially result in an airport-related safety hazard for people residing or working in the Project
site. (Refer to pages 3.6-26 and 5-58 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
c. Impact HAZ-4: Implementation of the MPA could expose people or structures to a significant risk of
loss, injury, or death involving wildfire. (Refer to pages 3.6-28 and 5-58 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
d. Cumulative Hazards and Hazardous Materials Impacts: As described in the LUCE Update EIR,
adherence to applicable General Plan policies and applicable State and federal regulatory requirements
would reduce any cumulative hazards and hazardous materials impacts resulting from buildout of the
City under the General Plan, including buildout of the Avila Ranch Development Plan, to a less than
significant level. Cumulative effects under the MPA would be similar to those of the Project as
described on page 3.6-28 of the Final EIR.
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
E. HYDROLOGY AND WATER QUALITY
1. Impact HYD-6: The MPA would potentially deplete groundwater supplies or interfere with
groundwater recharge. (Refer to pages 3.7-52 and 5-61 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Cumulative Hydrology and Water Quality Impacts: The MPA, in combination with approved,
pending, and proposed development within the City, would not contribute a substantial increase in
development and associated water quality impacts, or alteration of the existing hydrologic environment,
such that the abundance and natural flow of water resources of the area would be diminished. When
properly implemented, water quality requirements of the Central Coast RWQCB and the City and
County of San Luis Obispo would be expected to mitigate any adverse impacts resulting from new
cumulative development. (Refer to pages 3.7-58 and 5-61 of the Final EIR.)
a. Mitigation: None
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
9
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
E. LAND USE AND PLANNING
1. Impact LU-1: MPA development would include residential uses located within the LUCE-defined
Airport Overlay Zones (AOZs) that would be consistent with AOZ density and use restrictions and that
would not interfere with airport operations or create safety impacts under recognized state and federal
guidance for airport operations and safety. (Refer to pages 3.8-53 and 5-62 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact LU-2: The proposed MPA would include development within ALUP Safety Areas S-1B, S-
1C, and S-2; however, the Project would be potentially consistent with the ALUP. (Refer to pages 3.8-
55 and 5-63 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Land Use and Planning Impacts: The proposed MPA, in combination with
pending/future developments, is aligned with the City’s plans for build-out around the year 2057, as
foreseen in the LUCE. All pending/future projects would be required to adhere to City developments
regulations and General Plan policies in order to retain character of the City and mitigate environmental
impacts where feasible. In addition, all pending and future projects would be reviewed for consistency
with the City General Plan and all other applicable regulatory land use actions prior to approval. As
such, cumulative impacts are considered less than significant (Refer to page s 3.8-55 and 5-65 of the
Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
F. NOISE
1. Impact NO-2: Short-term noise construction activities could result in exposure of persons to or
generation of excessive groundborne vibration. (Refer to pages 3.9-27 and 5-66 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact NO-4: Development within the ALUP noise contours could cause persons within the MPA site
to be exposed to unacceptable noise levels. (Refer to pages 3.9-33 and 5-66 of the Final EIR.)
a. Mitigation: None
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
10
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Noise Impacts: Cumulative projects in the area would increase traffic levels and
subsequent noise levels mainly on arterials and major roadways, and the noise-related impacts to
residential and local streets would be nominal. Implementation of the LUCE Update could cumulatively
increase stationary source noise levels from new development, but because the City’s Noise Element
contains policies and programs that would address and mitigate potential site-specific impacts for
individual projects in the future, and because the MPA would contribute a marginal increase in
stationary source noise, this cumulative impact would be considered less than significant. Cumulative
effects under the MPA would be similar to those of the Project as described on page 3.9-34 of the Final
EIR.
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
G. POPULATION AND HOUSING
1. Impact PH-1: Residential development and associated population growth resulting from the MPA
would not exceed the adopted annual growth rate threshold. (Refer to pages 3.10-22 and 5-67 of the
Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact PH-3: The construction of affordable housing units under the MPA would provide additional
affordable housing for the City of San Luis Obispo. (Refer to pages 3.10-26 and 5-67 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Population and Housing Impacts: Cumulative buildout permitted under the LUCE
Update would include development of areas within existing City boundaries, as well as identified
expansion areas. The Land Use Element can accommodate over 98 percent of projected demand for
nonresidential square footage under the MPA, proposed cumulative development projects, and
cumulative buildout under the LUCE Update. Therefore, cumulative impacts are considered less than
significant. Cumulative effects under the MPA would be similar to those of the Project as described on
page 3.10-26 of the Final EIR.
c. Mitigation: None
d. Finding: The City finds that the impact would have an adverse, but less than significant effect.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
11
H. PUBLIC SERVICES
1. Impact PS-3: Development of 720 new homes as part of the MPA would generate increases in
enrollment at public schools (Los Ranchos Elementary, Laguna Middle, and San Luis High). (Refer to
pages 3.11-19 and 5-68 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact PS-4: Implementation of the MPA would potentially increase the demand for public parks
beyond current capacity. (Refer to pages 3.11-21 and 5-69 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Public Services Impacts: The proposed project and other cumulative development would
increase demand for public services. However, new demand for these services could be met through
existing service availability, planned service improvements, and development project fee requirements.
Cumulative effects under the MPA would be similar to those of the Project as described on page 3.11-
21 of the Final EIR.
c. Mitigation: None
d. Finding: The City finds that the impact would have an adverse, but less than significant effect.
I. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-9: The proposed MPA would generate and attract trips to and from U.S. Highway
101, incrementally increasing congestion of the region’s main highway. (Refer to pages 3.12-67 and 5-
73 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
J. UTILITIES
1. Impact UT-1: MPA generated wastewater would contribute to demand for wastewater collection
facilities and remaining capacity of the City’s Water Resource Recovery Facility (WRRF). (Refer to
pages 3.13-24 and 5-75 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
12
2. Impact UT-3: MPA-related increases in water use would incrementally increase demand for the City’s
potable water supply. (Refer to pages 3.13-29 and 5-76 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact UT-4: The MPA would generate additional solid waste for disposal at the Cold Canyon
Landfill. (Refer to pages 3.13-32 and 5-78 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Utility Impacts: As indicated by the LUCE Update EIR, the MPA and other planned
development would not result in any significant or adverse effects on the supply of water, solid waste,
or energy utilities. Therefore, the cumulative impact of this project and pending cumulative projects
within the vicinity on water supply, solid waste management, and the energy utilities would be less
than significant. Further, the pending WRRF upgrades would also increase capacity to handle both wet-
weather and dry-weather flow, which would reduce the impact of cumulative development on the
WRRF’s capacity to sufficiently treat the City’s wastewater to meet RWQCB standard and avoid
periodic spills into San Luis Obispo Creek. Cumulative effects under the MPA would be similar to
those of the Project as described on page 3.13-32 of the Final EIR.)
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
SECTION 6. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL
EFFECTS OF THE MITIGATED PROJECT ALTERNATIVE THAT HAVE
BEEN MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
The findings below are for impacts that would result in potentially significant effects on the natural and
human environment, but could be reduced to a less than significant level through feasible changes or
alternations to the project or implementation of mitigation measures. When approving a project with
significant but mitigable 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 MPA’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
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
13
• 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. The impacts
identified in this section are considered in the same sequence in which they appear in the EIR.
A. AGRICULTURAL RESOURCES
1. Impact AG-2: Development of the proposed MPA would create potential land use conflicts with
continued agricultural operations to the south and east of the Project site. (Refer to pages 3.2-24 and 4-
45 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce land use conflicts between
existing agricultural uses and the residential and commercial development proposed for the site.
— Mitigation Measure AG-2a. To address potential agricultural land use conflicts, the Applicant
shall coordinate with the City and county to fund installation of fencing and signs along
Buckley Road to minimize potential for increases in trespass and vandalism of adjacent
agricultural areas. Along the south side of Buckley Road, the use of three strand barbwire
fencing would be acceptable. Along the north side of the Buckley Road extension bordering
the Class I bike path, spit rail fencing shall be installed or other fencing acceptable to the
County.
— Mitigation Measure AG-2b. To reduce the potential for noise, dust, and pesticide drift to affect
future Project residents, the Applicant shall ensure that Project landscape plans include planting
of a windrow of trees and shrubs along the proposed southern landscape berm and eastern
Project site boundary at a sufficient density to buffer the site from surrounding agricultural
operations.
— Mitigation Measure AG-2c. To augment the existing 100-foot agricultural buffer to the
Caltrans property to the west of the Project site, the Applicant shall add a 20-foot
hedgerow/windrow of trees and vegetation along the east side of Vachell Lane.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. The mitigation measures will reduce land use conflicts by buffering the
site from surrounding land uses.
B. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-4: Construction and operation of the MPA would result in impacts to global climate change
from the emissions of GHGs and would be potentially inconsistent with the City’s Climate Action Plan.
(Refer to page 5-49 of the Final EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
14
a. Mitigation: To reduce MPA short-term construction and long-term operational greenhouse gas
emissions to level below adopted Climate Action Plan policies and greenhouse gas emission
reduction targets, the following measures are required:
— Mitigation Measure AQ-2a. The Applicant shall include the following:
• Water Conservation Strategy: The Applicant shall install fixtures with the EPA WaterSense
Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed
spray irrigation on all plants other than turf, also including the EPA WaterSense Label,
achieving 15 percent reduction in outdoor landscaping.
• Solid Waste: The Applicant shall institute recycling and composting services to achieve a 15
percent reduction in waste disposal, and use waste efficient landscaping.
• Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of area
disturbed in accordance with CARB Rule 403.
• Energy Conservation Strategy: The Applicant shall install additional solar and alternative
energy features (e.g., solar panels on commercial buildings; solar canopies over commercial
parking areas).
— Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the APCD,
Projects generating more than 50 lbs./day of combined ROG + NOx or PM10 shall implement all
feasible measures within Table 3-5 of the Air Quality Handbook.
— Mitigation Measure TRANS-10a. The Applicant shall design and construct ADA-compliant
sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of
travel from the City limit line to Los Osos Valley Road.
— Mitigation Measure TRANS-10b. The Applicant shall design and construct continuous sidewalks
along the east side of South Higuera Street from Vachell Lane to Los Osos V alley Road including
ADA ramps at the Vachell Lane and South Higuera Street intersection, as indicated in Figure 3.12-
6.
— Mitigation Measure TRANS-10c. The Applicant shall design and construct continuous ADA-
compliant sidewalks and ADA ramps along the south side segment of Suburban Road from South
Higuera Street to Earthwood Lane. A receiving ramp shall be installed on the north side Suburban
Road at Earthwood Lane.
— Mitigation Measure TRANS-11. The Applicant shall construct two (2) separated bicycle bridges
on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as
to provide continuous and safe bicycle routing along Buckley Road. These sections of roadway and
creek crossings are under the jurisdiction of the County and would need to meet both City and
County design standards to the greatest extent feasible and are subject to approval of the City’s
Public Works Director.
— Mitigation Measure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provide to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase’s development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install
a fair share to fund any physical improvements needed to accommodate future service to the site.
In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service
Standards.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
15
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. The mitigation measure will reduce the MPA’s greenhouse gas impacts
by reducing water usage; ensuring consistency with the Climate Action Plan’s water usage, solid
waste and transportation goals; reducing the Project’s operational energy usage; and improving
bicycle and pedestrian connections to reduce reliance on automobiles.
C. BIOLOGICAL RESOURCES
1. Impact BIO-1: Construction activities within the MPA site and Buckley Road Extension site, including
extensive grading, excavation, and fill, would result in permanent and temporary impacts to sensitive
habitats and species, particularly in areas within or near Tank Farm Creek. (Refer to pages 3.4-32 and
5-52 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure HYD-1a. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit.
— Plan Requirements and Timing. Prior to issuance of grading permits for Phase 1 the Applicant shall
submit a copy of the NOI to the City.
— Mitigation Measure HYD-1b. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s
plan of development that in total disturbs one or more acres. The SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soil stabilizers shall be used.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
16
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
• Plan Requirements and Timing. The Applicant shall prepare a SWPPP that includes the
above and any additional required BMPs. The SWPPP and notices shall be submitted f or
review and approval by the City prior to the issuance of grading permits for Phase 1
construction. The SWPPP shall be designed to address erosion and sediment control during
all phases of development of the site until all disturbed areas are permanently stabilized.
— Mitigation Measure HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
1. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20 -foot 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.
4. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) 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
creek banks.
5. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
6. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
7. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
17
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
8. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
9. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
10. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
11. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM HYD-1a through 1c would help reduce
significant impacts to sensitive biological resources within the creek corridor with implementation
of a Storm Water Pollution Prevention Plan (SWPPP) and noticing to reduce construction impacts
to water quality. In addition, MM BIO-1a would reduce or avoid construction-related impacts to
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
18
sensitive habitats and species, and MM BIO-1b would require a qualified Environmental Monitor
and/ or a California Department of Fish and Wildlife (CDFW)-approved biologist to oversee
compliance of the construction activities with the Biological Monitoring Plan and applicable laws,
regulations, and policies. With implementation of the aforementioned mitigation measures, impacts
to biological resources during construction would remain potentially significant but mitigable. (See
FEIR pp. 5-54 through 5-55.)
2. Impact BIO-2. Onsite MPA development would result in permanent loss of habitats within the Project
site, including protected wetlands and riparian areas associated with Tank Farm Creek. (Refer to pages
3.4-39 and 5-52 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
12. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
13. Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
14. In the event that construction must occur within the creek or 20-foot 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.
15. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) 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
creek banks.
16. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
17. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
18. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
19. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
19
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
20. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
21. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
22. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work a rea each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
Regulations.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
20
— Mitigation Measure BIO-2b. The Biological Mitigation Plan shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City’s
Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for
review and approval. The plan shall be implemented by the Project Applicant, under supervision
by the City and Environmental Monitor, and:
1. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
2. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soil, plants, and other
materials that will be necessary for successful habitat replacement, and a description of
planting methods, location, spacing, erosion protection, and irrigation measures that will
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
3. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BIO-2c through BIO-2e below and the findings in the
Biological Report (Appendix I).
4. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
5. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
6. Describe the criteria that will be used to evaluate the effectiveness and success of the
habitat replacement approach.
7. Indicate the timing and schedule for the planting of replacement habitat.
8. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible.
Habitats suitable for Congdon’s tarplant and other native wetland species shall be created
onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural
open space area. A management plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species.
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved by permitting agencies.
10. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wildlife and plant species.
11. A weed management plan and weed identification list shall be included in the Biological
Mitigation Plan.
12. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds found on California Department of Food and Agriculture
Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise
managed.
13. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the third year, and annually the fourth
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
21
and fifth years. Annual reports documenting site inspections and site recovery status shall
be prepared and sent to the County and appropriate agencies.
— Mitigation Measure BIO-2c. Within the required Biological Mitigation Plan, all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
1. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
2. Permanent impacts to state jurisdictional areas, including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and
enhanced habitat to impacted habitat).
3. Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area
of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted
habitat).
4. 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: removed). Trees measured at 24
inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated
at a 3:1 ratio to ensure no net loss of acreage and individual plants.
5. Replacement trees shall 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. Replacement plants shall be monitored 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.
— Mitigation Measures BIO-2d. Project design shall be modified to preserve, at a minimum, the
southern 275 feet of the North-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
— Mitigation Measure BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
— Mitigation Measure BIO-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and habitat restoration activities. The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-built plans shall be prepared by landscape and grading contractors responsible for realignment
and restoration within Tank Farm Creek.
— Mitigation Measure BIO-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
22
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream
and downstream including channel width, gradient, and vegetation.
— Mitigation Measure BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which Project activities occurred. All exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
— Mitigation Measure BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation
and the creek channel and banks.
— Mitigation Measure AG-1. The Applicant shall establish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City’s priority is that such agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implemented using one of the following options:
a. The Applicant shall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, within the City of San Luis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or place in a conservation easement a parcel of land of at least 71 acres of
equal quality farmland, or provide in-lieu fees to allow the City to complete such an
acquisition.
b. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase
or place in a conservation easement a parcel of farmland, of equal quantity and quality,
within the City’s Sphere of Influence that is threatened by development of nonagricultural
uses. The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere of Influence). The Applicant may also provide
in-lieu fees to allow the City to complete such an acquisition.
c. In the event that no suitable land is available within the City limits or City’s Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland, of equal quantity and quality, within the City’s urban reserve or
greenbelt that is threatened by development of nonagricultural uses. This parcel shall be
placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to
complete such an acquisition.
d. In the event that no suitable land for an agricultural conservation easement is available for
purchase within the City limits, the City’s Sphere of Influence, or urban reserve or
greenbelt Planning Area, the Applicant shall identify and purchase or place in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be
threatened by the conversion to nonagricultural use. This parcel shall be placed in an
agricultural conservation easement. The Applicant may also provide in-lieu fees to allow
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
23
the City to complete such an acquisition. The Applicant shall demonstrate that such land is
as close in proximity to the City as feasible.
— Mitigation Measure HYD-4a. A site-specific, geotechnical investigation shall be completed in
areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the
proposed depth of HDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments
and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud
mixtures for specific types of sediments). The investigation shall include results from at least three
borings, a geologic cross section, a discussion of drilling conditions, and a history and
recommendations to prevent frac-outs.
— Mitigation Measure HYD-4b. A Frac-out Contingency Plan shall be completed and shall include
measures for training, monitoring, worst case scenario evaluation, equipment and materials, agency
notification and prevention, containment, clean up, and disposal of released drilling muds.
Preventative measures would include incorporation of the recommendations of the geotechnical
investigation to determine the most appropriate HDD depth and drilling mud mixture. In
accordance with the RWQCB, HDD operations shall occur for non-perennial streams such as Tank
Farm Creek only when the stream is dry, and only during daylight hours. In addition, drilling
pressures shall be closely monitored so that they do not exceed those needed to penetrate the
formation. Monitoring by a minimum of two City-approved monitors (located both upstream and
downstream, who will move enough to monitor the entire area of operations) shall occur throughout
drilling operations to ensure swift response in the event of a frac -out, while containment shall be
accomplished through construction of temporary berms/dikes and use of silt fences, straw bales,
absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic
pails, shovels, portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be
submitted to the City, and the RWQCB shall review the plan.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. MM BIO-1a will avoid or minimize impacts to biological resources,
minimize erosion and retain sediment by implementing best management practices. MM BIO-2a
would avoid the potential impacts of manufactured slopes and the Class I bicycle path intruding
into the bank of Tank Farm Creek or its riparian habitat by establishing setbacks for a wider wildlife
corridor. This would also protect the creek and riparian habitat from potential impacts associated
with temporary or permanent loss of habitat, construction impacts, siltation and erosion, and
operational impacts associated with increased human activity. Implementation of MM BIO-2b
through 2c would offset the loss of sensitive habitat and trees and compensates at appropriate
replacement ratios onsite consistent with appropriate agencies, to the maximum extent feasible.
Impacts to riparian vegetation would be reduced within implementation of MM BIO-2d and 2e.
MM BIO-2g would ensure appropriate restoration of riparian habitat. MM BIO -2h would reduce
potential erosion and siltation impacts within the creek. Implementation of MM BIO -2i in
combination with MM BIO-1a and 1b and all subparts, would reduce temporary impacts to
jurisdictional aquatic features from construction activities by requiring work to be completed when
water flow in the creek is dry, and appropriate measures are taken to prevent sedimentati on. MM
BIO-2j would address potential impacts to Tank Farm Creek from the proposed Class I bicycle
path footings placement. MM HYD-4a and b would address potential impacts of frac-outs.
Implementation of MM BIO-2a through MM BIO-2e, MM BIO-2g through BIO-2j, in combination
with MM BIO-1a and b and MM HYD-4a and b, would reduce impacts to sensitive habitats to less
than significant after mitigation.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
24
3. Impact BIO-3. Onsite MPA development would interfere with the movement of common wildlife and
special status species through establishment of confined wildlife corridors within the Project site. (Refer
to pages 3.4-53 and 5-55 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
23. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
24. Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
25. In the event that construction must occur within the creek or 20 -foot 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.
26. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) 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
creek banks.
27. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
28. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
29. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
30. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
31. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
32. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
25
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently enc ouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
33. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
Regulations.
— Mitigation Measure BIO-2b. The Biological Mitigation Plan shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City’s
Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for
review and approval. The plan shall be implemented by the Project Applicant, under supervision
by the City and Environmental Monitor, and:
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
26
1. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
2. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soil, plants, and other
materials that will be necessary for successful habitat replacement, and a description of
planting methods, location, spacing, erosion protection, and irrigation measures that will
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
3. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BIO-2c through BIO-2e below and the findings in the
Biological Report (Appendix I).
4. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
5. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
6. Describe the criteria that will be used to evaluate the effectiveness and success of the
habitat replacement approach.
7. Indicate the timing and schedule for the planting of replacement habitat.
8. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible.
Habitats suitable for Congdon’s tarplant and other native wetland species shall be created
onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural
open space area. A management plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species.
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved by permitting agencies.
10. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wildlife and plant species.
11. A weed management plan and weed identification list shall be included in the Biological
Mitigation Plan.
12. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds found on California Department of Food and Agri culture
Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise
managed.
13. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the third year, and annually the fourth
and fifth years. Annual reports documenting site inspections and site recovery status shall
be prepared and sent to the County and appropriate agencies.
— Mitigation Measure BIO-2c. Within the required Biological Mitigation Plan, all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
27
1. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
2. Permanent impacts to state jurisdictional areas, including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and
enhanced habitat to impacted habitat).
3. Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area
of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted
habitat).
4. 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: removed). Trees measured at 24
inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated
at a 3:1 ratio to ensure no net loss of acreage and individual plants.
5. Replacement trees shall 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. Replacement plants shall be monitored 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.
— Mitigation Measures BIO-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
— Mitigation Measure BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
— Mitigation Measure BIO-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and habitat restoration activities. The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-built plans shall be prepared by landscape and grading contractors responsible for realignment
and restoration within Tank Farm Creek.
— Mitigation Measure BIO-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately u pstream
and downstream including channel width, gradient, and vegetation.
— Mitigation Measure BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
28
completed no later than November 15 of the year in which Project activities occurred. All exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
— Mitigation Measure BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation
and the creek channel and banks.
— Mitigation Measure BIO-3a. The City-approved qualified biologist shall conduct training to all
construction personnel to familiarize construction crews with sensitive species that have the
potential to occur within the Project site. This may include but is not limited to: California red -
legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon’s tarplant.
The educational program shall include a description what constitutes take, penalties for take, and
the guidelines that would be followed by all construction personnel to avoid take of species during
construction activities. Descriptions of the California red-legged frog and its habits, Congdon’s
tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that
have a potential to occur within the vicinity of Project construction shall be provided. The
construction crew foreman shall be responsible for ensuring that crew members comply with the
guidelines and that all new personnel receive the training before partaking in construction activities.
— Mitigation Measure BIO-3b. The Biological Mitigation Plan shall address wildlife and special
status species movement as follows:
• Migratory and Nesting Bird Management. Grading and construction activities shall
avoid the breeding season (typically assumed to be from February 15 to August 15) to the
extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland
habitat. If Project activities must be conducted during this period, pre-construction nesting
bird surveys shall take place within one week of habitat disturbance associated with each
phase, and if active nests are located, the following shall be implemented:
• Construction activities within 50 feet of active nests shall be restricted until chicks have
fledged, unless the nest belongs to a raptor, in which case a 200-foot activity restriction
buffer shall be observed.
• A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of the
buffer zone and make recommendations on additional monitoring requirements. A map of
the Project site and nest locations shall be included with the report.
• The Project biologist conducting the nesting survey shall have the authority to reduce or
increase the recommended buffer depending upon site conditions and the species involved.
A report of findings and recommendations for bird protection shall be submitted to the City
prior to vegetation removal.
• Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to
determine if any tree proposed for removal or trimming harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost
is found, the qualified biologist shall install one-way valves or other appropriate passive
relocation method. For each occupied roost removed, one bat box shall be installed in
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
29
similar habitat and shall have similar cavities or crevices to those which are removed,
including access, ventilation, dimensions, height above ground, and thermal conditions. If
a bat colony is excluded from the Project site, appropriate alternate bat habitat shall be
installed in the Project site. To the extent practicable, alternate bat house installation shall
be installed near the onsite drainage.
• Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall
fund a site survey for Congdon’s tarplant, and:
• If Congdon’s tarplant is found in areas proposed for building, the affected individuals shall
be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area.
• A mitigation and monitoring plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species. The plan shall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s
tarplant to a less than significant level.
• The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon’s tarplant seeds from the site shall be
reintroduced.
• Sensitive Species Management. Injury or mortality to the California red-legged frog,
western pond turtle, and steelhead shall be avoided. The plan shall include the following
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs, turtles, and steelhead from the work area by a
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any
other sensitive species observed during the pre-construction surveys shall be relocated out
of harm’s way by the qualified biologist into the nearest suitable habitat as determined in
consultation with the jurisdictional resource agency outside the disturbance area.
— Mitigation Measure BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, and seasonal wetlands, the Project site shall be surveyed for California red-
legged frogs by a qualified biologist. If any California red-legged frogs are found, work within 25
linear feet in any direction of the frog shall not start until the frog has been moved from the area.
The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological
Opinion from the USFWS and any additional authorization required by other regulatory agencies
prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or
USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland
movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion
fencing should contain no gaps and must extend at least 18 inches above ground; fences may b e
opened during periods of no construction (e.g., weekends) to prevent entrapment.
— Mitigation Measure BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed
for western pond turtles by a qualified biologist. If any western pond turtles are found, work shall
cease until the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor
all ground-breaking work conducted within 50 feet of western pond turtle habitat. The City-
approved biologist Environmental Monitor may determine that silt fencing shall be installed
adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland
movement could allow them to access construction areas.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
30
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.4-61 through 3.4-62 and 5-55.) MM BIO-3a through
3d would reduce potential direct permanent impacts to wildlife species from loss of habitat and loss
of species. MM BIO-3a would provide educational training all construction personnel in order for
them to identify sensitive species, take appropriate actions, and avoid “take”. MM BIO-3b through
3d would reduce potential impacts to special status birds and bats to less than significant by
avoiding disturbance during the breeding season and roosting times when these species are most
vulnerable to disturbance and ensuring compliance with appropriate avoidance buffers if
construction during the season cannot be avoided. Mitigation would limit construction in the creek
during nesting season and peak activity periods, thus reducing impacts to migrating species.
Implementation of MM BIO-3b through 3d would also reduce potential impacts to special status
amphibians, reptiles, and fish by requiring plan preparation with requirements for pre-construction
surveys for the species, including development of necessary additional avoidance and minimization
measures, and onsite monitoring during construction to prevent construction runoff from
contaminating aquatic habitats. MM BIO-3b would minimize or avoid impacts to Congdon’s
tarplant. MM BIO-1a will avoid or minimize impacts to biological resources and sensitive species
by implementing best management practices. MM BIO-2a would avoid the potential impacts of
manufactured slopes and the Class I bicycle path intruding into the bank of Tank Farm Creek or its
riparian habitat by establishing setbacks for a wider wildlife corridor. This would also protect
sensitive species from potential impacts associated with temporary or permanent loss of habitat,
construction impacts, siltation and erosion, and operational impacts associated with increased
human activity. Implementation of MM BIO-2b through 2c would offset the loss of sensitive habitat
and trees and compensates at appropriate replacement ratios onsite consistent with appropriate
agencies, to the maximum extent feasible. Impacts to sensitive species would be reduced with
implementation of MM BIO-2d and 2e. MM BIO-2g would ensure appropriate restoration of
riparian habitat. MM BIO-2h would reduce potential erosion and siltation impacts within the creek.
Implementation of MM BIO-2i in combination with MM BIO-1a and 1b and all subparts, would
reduce temporary impacts to sensitive species from construction activities, and appropriate
measures are taken to prevent sedimentation. MM BIO-2j would address potential impacts to Tank
Farm Creek from the proposed Class I bicycle path footings placement. Impacts would be less than
significant after mitigation.
4. Impact BIO-4. Offsite improvements to and extension of Buckley Road and associated bicycle and
pedestrian paths have the potential to create permanent impacts to special status species through
removal of suitable habitat. (Refer to page 3.4-62 and 5-55 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
34. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
35. Prior to construction activities adjacent to Tank Farm Creek, the creek shall be fenced with
orange construction fencing and signed to prohibit entry of construction equipment and
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
31
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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
36. In the event that construction must occur within the creek or 20-foot 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.
37. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) 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
creek banks.
38. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
39. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
40. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
41. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
42. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
43. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
44. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
32
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
— Mitigation Measure BIO-3a. The City-approved qualified biologist shall conduct training to all
construction personnel to familiarize construction crews with sensitive species that have the
potential to occur within the Project site. This may include but is not limited to: Californi a red-
legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon’s tarplant.
The educational program shall include a description what constitutes take, penalties for take, and
the guidelines that would be followed by all construction personnel to avoid take of species during
construction activities. Descriptions of the California red-legged frog and its habits, Congdon’s
tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that
have a potential to occur within the vicinity of Project construction shall be provided. The
construction crew foreman shall be responsible for ensuring that crew members comply with the
guidelines and that all new personnel receive the training before partaking in construction activities.
— Mitigation Measure BIO-3b. The Biological Mitigation Plan shall address wildlife and special
status species movement as follows:
o Migratory and Nesting Bird Management. Grading and construction activities shall
avoid the breeding season (typically assumed to be from February 15 to August 15) to the
extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland
habitat. If Project activities must be conducted during this period, pre-construction nesting
bird surveys shall take place within one week of habitat disturbance associated with each
phase, and if active nests are located, the following shall be implemented:
o Construction activities within 50 feet of active nests shall be restricted until chicks have
fledged, unless the nest belongs to a raptor, in which case a 200-foot activity restriction
buffer shall be observed.
o A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of the
buffer zone and make recommendations on additional monitoring requirements. A map of
the Project site and nest locations shall be included with the report.
o The Project biologist conducting the nesting survey shall have th e authority to reduce or
increase the recommended buffer depending upon site conditions and the species involved.
A report of findings and recommendations for bird protection shall be submitted to the City
prior to vegetation removal.
o Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to
determine if any tree proposed for removal or trimming harbors sensitive bat species or
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
33
maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost
is found, the qualified biologist 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 shall have similar cavities or crevices to those which are removed,
including access, ventilation, dimensions, height above ground, and thermal conditions. If
a bat colony is excluded from the Project site, appropriate alternate bat habitat shall be
installed in the Project site. To the extent practicable, alternate bat house installation shall
be installed near the onsite drainage.
o Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall
fund a site survey for Congdon’s tarplant, and:
o If Congdon’s tarplant is found in areas proposed for building, the affected individuals shall
be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area.
o A mitigation and monitoring plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species. The plan shall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s
tarplant to a less than significant level.
o The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon’s tarplant seeds from the site shall be
reintroduced.
o Sensitive Species Management. Injury or mortality to the California red-legged frog,
western pond turtle, and steelhead shall be avoided. The plan shall include the following
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs, turtles, and steelhead from the work area by a
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any
other sensitive species observed during the pre-construction surveys shall be relocated out
of harm’s way by the qualified biologist into the nearest suitable habitat as determined in
consultation with the jurisdictional resource agency outside the disturbance area.
— Mitigation Measure BIO-4. The required Biological Mitigation Plan shall address bat colonies for
the Buckley Road Extension site. Bat surveys shall be conducted in buildings proposed for
demolition. If surveys determine bats are present, bat exclusion devices shall be installed between
August and November, and building demolition would occur between November and March. If
demolition of structures must occur during the bat breeding season, buildings must be inspected
and deemed clear of bat colonies/roosts within seven days of demolition and an appropriately
trained and approved biologist must conduct a daily site-clearance during demolition. If bats are
roosting in a structure in the Project site during the daytime but are not part of an active maternity
colony, then exclusion measures must include one-way valves that allow bats to get out but are
designed so that the bats may not re-enter the structure.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See pages 3.4-63 and 5-55 of the Final EIR.) With the implementation
of mitigation measures MM BIO-3a through 3b, as well as MM BIO-4, which require pre-
construction surveys and exclusion measures for sensitive bats and protection or replacement of
the Congdon’s tarplant, impacts to bat colonies and sensitive plant species due to the Buckley Road
Extension would be less than significant after mitigation. Additionally, with MM BIO -1a and 1b,
which provide best management practices during construction, impacts to sensitive species in the
offsite Buckley Road Extension site would be less than significant after mitigation.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
34
5. Impact BIO-5. Long-term operation of the MPA has the potential to create significant impacts to
biological resources as a result of increased light, noise, and increased human presence and other urban
edge effects. (Refer to pages 3.4-64 and 5-55- of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure BIO-5a. All exterior building lights facing Tank Farm Creek shall be hooded
to prevent light spillover into the creek; all residential street lights over 10 feet in height shall be
setback a minimum of 100 feet from the top of the creek bank and hooded and/or directed away
from the creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low
voltage and hooded downward. Artificial light levels within 20 feet of the top of the creek bank
shall not exceed 1-foot candle or the lowest level of illumination found to be feasible by the City.
— Mitigation Measure BIO-5b. Tank Farm Creek restoration/enhancement plantings shall include
native vegetation, such as oaks, cottonwoods, willows, and sycamores along the entire length of
the Project’s creek frontage in order to minimize light spillover into the creek.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM BIO-5a will restrict lighting near Tank Farm
Creek and MM BIO-5b will ensure native vegetation is installed along the creek frontage to
minimize light spillover, reducing the impact to less than significant. (See F EIR pages 3.4-65 and
5-55 to 5-56.)
6. Impact BIO-6. MPA development could impact offsite biological resources from sedimentation into
Tank Farm Creek. (Refer to pages 3.4-66 and 5-56 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
1. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20 -foot 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.
4. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
35
species. No construction night lighting shall be permitted within 100 yards of the top of the
creek banks.
5. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
6. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
7. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
8. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
9. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
10. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
11. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
36
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obisp o Zoning
Regulations.
Mitigation Measure BIO-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream
and downstream including channel width, gradient, and vegetation.
Mitigation Measure BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation
and the creek channel and banks.
Mitigation Measure BIO-6. All work in and within 100 feet of Tank Farm Creek, including work
within the creek setback, shall occur outside the rainy season (April 15 to October 15, unless
approved otherwise by RWQCB), during periods when the creek channel is dry and water flows
are absent.
— Mitigation Measure HYD-1a. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit.
— Plan Requirements and Timing. Prior to issuance of grading permits for Phase 1 the Applicant shall
submit a copy of the NOI to the City.
— Mitigation Measure HYD-1b. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
37
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s
plan of development that in total disturbs one or more acres. The SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soil stabilizers shall be used.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
• Plan Requirements and Timing. The Applicant shall prepare a SWPPP that includes the
above and any additional required BMPs. The SWPPP and notices shall be submitted for
review and approval by the City prior to the issuance of grading permits for Phase 1
construction. The SWPPP shall be designed to address erosion and sediment control during
all phases of development of the site until all disturbed areas are permanently stabilized.
— Mitigation Measure HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Significant impacts to downstream biological resources from
construction related sedimentation would be reduced to less than significant with the
implementation of MM BIO-1a and 1b, MM BIO-6, MM HYD-1a through -1c. (See FEIR pages
3.4-67 and 5-56.)
7. Cumulative Biological Resources Impacts. With retention of open space along the creek corridor and
incorporation of project specific mitigation measures, the project would be consistent with the LUCE’s
determination for a less than significant cumulative effect, and the MPA’s contribution to regional
cumulative impacts to biological resources would be significant but mitigable. (Refer to pages 3.4-67
and 5-56 of the Final EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
38
a. Mitigation: The following mitigation measures would be required to reduce the Project’s
cumulatively considerable impacts to biological resources to a less than significant level.
— Mitigation Measure AG-1. The Applicant shall establish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City’s priority is that such agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implemented using one of the following options:
e. The Applicant shall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, within the City of San Luis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or place in a conservation easement a parcel of land of at least 71 acres of
equal quality farmland, or provide in-lieu fees to allow the City to complete such an
acquisition.
f. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase
or place in a conservation easement a parcel of farmland, of equal quantity and quality,
within the City’s Sphere of Influence that is threatened by development of nonagricultural
uses. The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere of Influence). The Applicant may also provide
in-lieu fees to allow the City to complete such an acquisition.
g. In the event that no suitable land is available within the City limits or City’s Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland, of equal quantity and quality, within the City’s urban reserve or
greenbelt that is threatened by development of nonagricul tural uses. This parcel shall be
placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to
complete such an acquisition.
h. In the event that no suitable land for an agricultural conservation easement is available for
purchase within the City limits, the City’s Sphere of Influence, or urban reserve or
greenbelt Planning Area, the Applicant shall identify and purchase or place in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be
threatened by the conversion to nonagricultural use. This parcel shall be placed in an
agricultural conservation easement. The Applicant may also provide in-lieu fees to allow
the City to complete such an acquisition. The Applicant shall demonstrate that such land is
as close in proximity to the City as feasible.
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
1. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
2. Prior to construction activities adjacent to Tank Farm Creek, the creek 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
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
39
from the edge of the riparian canopy or top of bank, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
3. In the event that construction must occur within the creek or 20 -foot 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.
4. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) 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
creek banks.
5. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
6. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
7. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withstand
weather conditions.
8. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
9. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
10. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
11. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure risk
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
40
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of hab itats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
Regulations.
— Mitigation Measure BIO-2b. The Biological Mitigation Plan shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City’s
Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for
review and approval. The plan shall be implemented by the Project Applicant, under supervision
by the City and Environmental Monitor, and:
1. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
2. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soil, plants, and other
materials that will be necessary for successful habitat replacement, and a description of
planting methods, location, spacing, erosion protection, and irrigation measures that will
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
3. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BIO-2c through BIO-2e below and the findings in the
Biological Report (Appendix I).
4. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
5. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
6. Describe the criteria that will be used to evaluate the effectiveness and success of the
habitat replacement approach.
7. Indicate the timing and schedule for the planting of replacement habitat.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
41
8. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible.
Habitats suitable for Congdon’s tarplant and other native wetland species shall be created
onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural
open space area. A management plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species.
9. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved by permitting agencies.
10. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wildlife and plant species.
11. A weed management plan and weed identification list shall be included in the Biological
Mitigation Plan.
12. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds found on California Department of Food and Agriculture
Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise
managed.
13. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the third year, and annually the fourth
and fifth years. Annual reports documenting site inspections and site recovery status shall
be prepared and sent to the County and appropriate agencies.
— Mitigation Measure BIO-2c. Within the required Biological Mitigation Plan, all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
6. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
7. Permanent impacts to state jurisdictional areas, including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and
enhanced habitat to impacted habitat).
8. Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area
of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted
habitat).
9. 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: removed). Trees measured at 24
inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated
at a 3:1 ratio to ensure no net loss of acreage and individual plants.
10. Replacement trees shall 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. Replacement plants shall be monitored 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.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
42
— Mitigation Measures BIO-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
— Mitigation Measure BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
— Mitigation Measure BIO-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and habitat restoration activities. The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-built plans shall be prepared by landscape and grading contractors responsible for realignment
and restoration within Tank Farm Creek.
— Mitigation Measure BIO-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream
and downstream including channel width, gradient, and vegetation.
— Mitigation Measure BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which Project activities occurred. All exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
— Mitigation Measure BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation
and the creek channel and banks.
— Mitigation Measure BIO-3a. The City-approved qualified biologist shall conduct training to all
construction personnel to familiarize construction crews with sensitive species that have the
potential to occur within the Project site. This may include but is not limited to: California red-
legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon’s tarplant.
The educational program shall include a description what constitutes take, penalties for take, and
the guidelines that would be followed by all construction personnel to avoid take of species during
construction activities. Descriptions of the California red-legged frog and its habits, Congdon’s
tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that
have a potential to occur within the vicinity of Project construction shall be provided. The
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
43
construction crew foreman shall be responsible for ensuring that crew members comply with the
guidelines and that all new personnel receive the training before partaking in construction activities.
— Mitigation Measure BIO-3b. The Biological Mitigation Plan shall address wildlife and special
status species movement as follows:
• Migratory and Nesting Bird Management. Grading and construction activities shall
avoid the breeding season (typically assumed to be from February 15 to August 15) to the
extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland
habitat. If Project activities must be conducted during this period, pre-construction nesting
bird surveys shall take place within one week of habitat disturbance associated with each
phase, and if active nests are located, the following shall be implemented:
• Construction activities within 50 feet of active nests shall be restricted until chicks have
fledged, unless the nest belongs to a raptor, in which case a 200-foot activity restriction
buffer shall be observed.
• A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of the
buffer zone and make recommendations on additional monitoring requirements. A map of
the Project site and nest locations shall be included with the report.
• The Project biologist conducting the nesting survey shall have the authority to reduce or
increase the recommended buffer depending upon site conditions and the species involved.
A report of findings and recommendations for bird protection shall be submitted to the City
prior to vegetation removal.
• Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to
determine if any tree proposed for removal or trimming harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost
is found, the qualified biologist 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 shall have similar cavities or crevices to those which are removed,
including access, ventilation, dimensions, height above ground, and thermal conditions. If
a bat colony is excluded from the Project site, appropriate alternate bat habitat shall be
installed in the Project site. To the extent practicable, alternate bat house installation shall
be installed near the onsite drainage.
• Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall
fund a site survey for Congdon’s tarplant, and:
• If Congdon’s tarplant is found in areas proposed for building, the affected individuals shall
be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area.
• A mitigation and monitoring plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species. The plan shall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s
tarplant to a less than significant level.
• The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon’s tarplant seeds from the site shall be
reintroduced.
• Sensitive Species Management. Injury or mortality to the California red-legged frog,
western pond turtle, and steelhead shall be avoided. The plan shall include the foll owing
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs, turtles, and steelhead from the work area by a
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
44
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any
other sensitive species observed during the pre-construction surveys shall be relocated out
of harm’s way by the qualified biologist into the nearest suitable habitat as determined in
consultation with the jurisdictional resource agency outside the disturbance area.
— Mitigation Measure BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, and seasonal wetlands, the Project site shall be surveyed for California red-
legged frogs by a qualified biologist. If any California red-legged frogs are found, work within 25
linear feet in any direction of the frog shall not start until the frog has been moved from the area.
The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological
Opinion from the USFWS and any additional authorization required by other regulatory agencies
prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or
USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland
movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion
fencing should contain no gaps and must extend at least 18 inches above ground; fences may be
opened during periods of no construction (e.g., weekends) to prevent entrapment.
— Mitigation Measure BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed
for western pond turtles by a qualified biologist. If any western pond turtles are found, work shall
cease until the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor
all ground-breaking work conducted within 50 feet of western pond turtle habitat. The City-
approved biologist Environmental Monitor may determine that silt fencin g shall be installed
adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland
movement could allow them to access construction areas.
— Mitigation Measure BIO-4. The required Biological Mitigation Plan shall address bat colonies for
the Buckley Road Extension site. Bat surveys shall be conducted in buildings proposed for
demolition. If surveys determine bats are present, bat exclusion devices shall be installed between
August and November, and building demolition would occur between November and March. If
demolition of structures must occur during the bat breeding season, buildings must be inspected
and deemed clear of bat colonies/roosts within seven days of demolition and an appropriately
trained and approved biologist must conduct a daily site-clearance during demolition. If bats are
roosting in a structure in the Project site during the daytime but are not part of an active maternity
colony, then exclusion measures must include one-way valves that allow bats to get out but are
designed so that the bats may not re-enter the structure.
— Mitigation Measure BIO-5a. All exterior building lights facing Tank Farm Creek shall be hooded
to prevent light spillover into the creek; all residential street lights over 10 feet in h eight shall be
setback a minimum of 100 feet from the top of the creek bank and hooded and/or directed away
from the creek. Any night lighting adjacent to the creek (e.g., walkway lights) shall be of low
voltage and hooded downward. Artificial light levels within 20 feet of the top of the creek bank
shall not exceed 1-foot candle or the lowest level of illumination found to be feasible by the City.
— Mitigation Measure BIO-5b. Tank Farm Creek restoration/enhancement plantings shall include
native vegetation, such as oaks, cottonwoods, willows, and sycamores along the entire length of
the Project’s creek frontage in order to minimize light spillover into the creek.
—
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
45
— Mitigation Measure BIO-6. All work in and within 100 feet of Tank Farm Creek, including work
within the creek setback, shall occur outside the rainy season (April 15 to October 15, unless
approved otherwise by RWQCB), during periods when the creek channel is dry and water flows
are absent.
— Mitigation Measure HYD-1a. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit.
— Mitigation Measure HYD-1b. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permi t and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s
plan of development that in total disturbs one or more acres. The SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soil stabilizers shall be used.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
• Plan Requirements and Timing. The Applicant shall prepare a SWPPP that includes the
above and any additional required BMPs. The SWPPP and notices shall be submitted for
review and approval by the City prior to the issuance of grading permits for Phase 1
construction. The SWPPP shall be designed to address erosion and sediment control during
all phases of development of the site until all disturbed areas are permanently stabilized.
— Mitigation Measure HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
46
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM BIO-2a would avoid the potential impacts of
manufactured slopes and the Class I bicycle path intruding into the bank of Tank Farm Creek or its
riparian habitat by establishing setbacks for a wider wildlife corridor. This would also protect the
creek and riparian habitat from potential impacts associated with temporary or permanent loss of
habitat, construction impacts, siltation and erosion, and operational impacts associated with
increased human activity. Implementation of MM BIO-2b and 2c would offset the loss of sensitive
habitat and trees and compensates at appropriate replacement ratios onsite consistent with
appropriate agencies, to the maximum extent feasible. Impacts to riparian vegetation would be
reduced within implementation of MM BIO-2d and 2e. MM BIO-2g would ensure appropriate
restoration of riparian habitat. MM BIO-2h would reduce potential erosion and siltation impacts
within the creek. Implementation of MM BIO-2i in combination with MM BIO-1a and 1b and all
subparts, would reduce temporary impacts to jurisdictional aquatic features from construction
activities by requiring work to be completed when water flow in the creek is dry, and appropriate
measures are taken to prevent sedimentation. MM BIO-2j would address potential impacts to Tank
Farm Creek from the proposed Class I bicycle path footings placement. MM HYD-4a and b would
address potential impacts of frac-outs. MM BIO-3a would provide educational training all
construction personnel in order for them to identify sensitive species, take appropriate actions, and
avoid “take”. MM BIO-3b through 3d would reduce potential impacts to special status birds and
bats to less than significant by avoiding disturbance during the breeding season and roosting times
when these species are most vulnerable to disturbance and ensuring compliance with appropriate
avoidance buffers if construction during the season cannot be avoided. Mitigation would limit
construction in the creek during nesting season and peak activity periods, thus reducing impacts to
migrating species. MM BIO-4, which requires pre-construction surveys and exclusion measures
for sensitive bats and protection or replacement of the Congdon’s tarplant, would minimize
cumulative impacts to bat colonies and sensitive plant species. Implementation of MM BIO-5a and
5b would reduce long-term impacts to the habitat value and wildlife corridor functions associated
with increased disturbance from light and glare in the Project vicinity. MM BIO-6 and MM BIO-
2h and 2j, address measures to avoid degradation of water quality in the creek from sedimentation
and construction. Implementation of these mitigations, would mitigate the Project’s contribution
towards cumulative impacts to biological resources.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
47
D. CULTURAL RESOURCES
1. Impact CR-2. Development and grading would result in direct significant impacts to known prehistoric
resources within the Project site. (Refer to pages 3.5-15 and 5-56 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall
occur prior to the start of construction to seek buried features and additional diagnostic artifacts.
The Applicant shall retain a Registered Professional Archaeologi st familiar with the types of
historic and prehistoric resources that could be encountered within the Project site and a Native
American monitor to supervise the controlled grading, which shall occur in 10 -centimeter lifts to
culturally sterile sediments or maximum construction depth (whichever is reached first).
• Any formed tools exposed during grading shall be collected. If archaeological features are
exposed (including but not limited to hearths, storage pits, midden deposits, or structural
remains), the archaeologist shall temporarily redirect grading to another area, so the
features can be exposed, recorded, and sampled according to standard archaeological
procedures. Organic remains shall be dated using the radiocarbon method and the
geochemical source and hydration rim thickness of any obsidian shall be determined.
Technical analyses of plant remains, bone and shell dietary debris, and other important
materials shall also be performed.
• Artifacts, features, and other materials recovered through this pr ocess shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
— Mitigation Measure CR-2b. Following completion of controlled grading of CA-SLO-2798/H,
the Applicant shall retain a Registered Professional Archaeologist and a Native American
consultant to monitor all further earth disturbances within Phase 5 to ensure that previously
unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the
event archaeological remains are encountered during grading or other earth disturbance, work in
the vicinity shall be stopped immediately and redirected to another location until the Project
archaeologist evaluates the significance of the find pursuant to City Archaeological Resource
Preservation Program Guidelines. If remains are found to be significant, they shall be subject to
a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.5-19 and 5-56 to 5-57.) As avoidance of prehistoric
resource site CA-SLO-2798/H would result in conflicts with LUCE goals and Project Objectives,
controlled grading and artifact recovery would take place within the prehistoric site area allowing
for documentation for the site and preservation of recovered artifacts. While prehistoric sites such
as CA-SLO-2798/H are uncommon in the area, monitoring, adherence to the City-approved
archaeological testing and mitigation program, and artifact recovery and documentation would
reduce impacts to a less than significant level after mitigation.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
48
3. Impact CR-3. Earthwork and ground disturbing construction activities for the MPA could potentially
uncover significant unknown prehistoric or historic archaeological resources. If improperly handled,
such resources could be adversely impacted. (Refer to pages 3.5-19 and 5-57 of the Final EIR.)
— Mitigation Measure CR-3a. Prior to the issuance of building and grading permits for Phase 1, the
Applicant shall retain a City-approved Registered Professional Archaeologist and a Native
American monitor to be present during all ground disturbing activities within the Project site and
Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-
period archaeological resources during construction, all work within 50 feet of the discovery shall
immediately cease (or greater or lesser distance as needed to protect the discovery and determined
in the field by the Project archaeologist). The Applicant shall immediately notify the City of San
Luis Obispo Community Development Department. The Project archaeologist shall evaluate the
significance of the discovery pursuant to City Archaeological Resource Preservation Program
Guidelines prior to resuming any activities that could impact the site/discovery. If the Project
archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided
or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by
the Applicant. Work shall not resume until authorization is received from the City.
— Mitigation Measure CR-3b. Prior to construction, workers shall receive education regarding the
recognition of possible buried cultural remains and protection of all cultural resources, including
prehistoric and historic resources, during construction. Such training shall provide construction
personnel with direction regarding the procedures to be followed in the unlikely event that
previously unidentified archaeological materials, including Native American burials, are
discovered during construction. Training would also inform construction personnel that
unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The
training shall be prepared by the Project archaeologist and shall provide a description of the cultural
resources that may be encountered in the Project site, outline steps to follow in the event that a
discovery is made, and provide contact information for the Project archaeologist, Native American
monitor, and appropriate City personnel. The training shall be conducted concurrent with other
environmental or safety awareness and education programs for the Project, provided that the
program elements pertaining to archaeological resources is provided by a qualified instructor
meeting applicable professional qualifications standards.
Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.5-21 and 5-57.) Implementation of the above
mitigation would ensure that appropriate precautions and protection measures are taken to avoid
potentially significant impacts to unknown or undiscovered archaeological resources during
construction activities on- and offsite. After mitigation, impacts would result less than significant
residual impacts.
4. Cumulative Cultural Resources Impacts. The MPA would mitigate impacts to cultural resources
with implementation of Mitigation Measures CR-2a and 2b, and CR-3a and b, and therefore would not
contribute to cumulatively considerable impacts to cultural resources. Cumulative projects would be
required to comply with General Plan Policies relating to historic and archaeological resources, and
would be subject to review by the City Cultural Heritage Commission for conformance with guidelines
for cultural resources protection. Further, cumulative projects would be subject to environmental review
under CEQA, which requires avoidance of significant historical resources whenever feasible; if
avoidance is not feasible, then appropriate mitigation measures would be applied. As such, cumulative
impacts are considered significant but mitigable. Cumulative effects under the MPA would be similar
to those of the Project as described on page 3.5-22 of the Final EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
49
Mitigation: Mitigation Measures CR-2a and 2b, and CR-3a and 3b would be required to reduce the
project’s contribution to cumulatively considerable impacts to cultural resources to a less than
significant level.
— Mitigation Measure CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall
occur prior to the start of construction to seek buried features and additional diagnostic artifacts.
The Applicant shall retain a Registered Professional Archaeologist familiar with the type s of
historic and prehistoric resources that could be encountered within the Project site and a Native
American monitor to supervise the controlled grading, which shall occur in 10 -centimeter lifts to
culturally sterile sediments or maximum construction depth (whichever is reached first).
• Any formed tools exposed during grading shall be collected. If archaeological features are
exposed (including but not limited to hearths, storage pits, midden deposits, or structural
remains), the archaeologist shall temporarily redirect grading to another area, so the
features can be exposed, recorded, and sampled according to standard archaeological
procedures. Organic remains shall be dated using the radiocarbon method and the
geochemical source and hydration rim thickness of any obsidian shall be determined.
Technical analyses of plant remains, bone and shell dietary debris, and other important
materials shall also be performed.
• Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate s cientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
— Mitigation Measure CR-2b. Following completion of controlled grading of CA-SLO-2798/H,
the Applicant shall retain a Registered Professional Archaeologist and a Native American
consultant to monitor all further earth disturbances within Phase 5 to ensure that previously
unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the
event archaeological remains are encountered during grading or other earth disturbance, work in
the vicinity shall be stopped immediately and redirected to another location until the Project
archaeologist evaluates the significance of the find pursuant to City Archaeological Resource
Preservation Program Guidelines. If remains are found to be significant, they shall be subject to
a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.
— Mitigation Measure CR-3a. Prior to the issuance of building and grading permits for Phase 1, the
Applicant shall retain a City-approved Registered Professional Archaeologist and a Native
American monitor to be present during all ground disturbing activities within the Project site and
Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-
period archaeological resources during construction, all work within 50 feet of the discovery shall
immediately cease (or greater or lesser distance as needed to protect the discovery and determined
in the field by the Project archaeologist). The Applicant shall immediately notify the City of San
Luis Obispo Community Development Department. The Project archaeologist shall evaluate the
significance of the discovery pursuant to City Archaeological Resource Preservation Program
Guidelines prior to resuming any activities that could impact the site/discovery. If the Project
archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided
or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by
the Applicant. Work shall not resume until authorization is received from the City.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
50
— Mitigation Measure CR-3b. Prior to construction, workers shall receive education regarding the
recognition of possible buried cultural remains and protection of all cultural resources, including
prehistoric and historic resources, during construction. Such training shall provide construction
personnel with direction regarding the procedures to be followed in the unlikely even t that
previously unidentified archaeological materials, including Native American burials, are
discovered during construction. Training would also inform construction personnel that
unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The
training shall be prepared by the Project archaeologist and shall provide a description of the cultural
resources that may be encountered in the Project site, outline steps to follow in the event that a
discovery is made, and provide contact information for the Project archaeologist, Native American
monitor, and appropriate City personnel. The training shall be conducted concurrent with other
environmental or safety awareness and education programs for the Project, provided that the
program elements pertaining to archaeological resources is provided by a qualified instructor
meeting applicable professional qualifications standards.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the above mitigation would ensure that appropriate
precautions and protection measures are taken to mitigate the MPA’s contribution to cumulative
impacts to unknown or undiscovered archaeological resources. (
E. HAZARDS AND HAZARDOUS MATERIALS
1. Impact HAZ-1: During grading/construction activities and Project operations, the MPA would
potentially expose persons to potentially toxic, hazardous, or otherwise harmful chemicals through
reasonably foreseeable upset and accidental conditions involving the release of hazardous materials
into the environment. (Refer to pages 3.6-22 and 5-57 of the Final EIR.)
a. Mitigation: The following mitigation measure would be required.
— Mitigation Measure HAZ-1. Prior to earthwork and demolition activities, a site-specific Health
and Safety Plan shall be developed per California Occupational Safety and Health Administration
(Cal/OSHA) requirements. The Health and Safety Plan shall include appropriate best management
practices (BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA
Construction and Grading Project Form shall be submitted to the APCD prior to grading activities.
All construction employees that have the potential to come into contact with contaminated building
materials and soil/bedrock shall be briefed on the safety plan, including required proper training
and use of personal protective equipment. During earthwork and demolition activities, procedures
shall be followed to eliminate or minimize construction worker or general public exposure to heavy
hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within
potential demolished materials. Procedures shall include efforts to control fugitive dust, contain
and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization,
segregation of contaminated soil from uncontaminated soil, and demolished materials. The
applicable regulations associated with excavation, removal, transportation, and disposal of
contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting).
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
51
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.6-25 and 5-57 to 5-58.) MM HAZ-1 would facilitate
the safe removal of potentially hazardous building materials and the cleanup of contaminated soils,
thus reducing the level of risk within the MPA site.
F. HYDROLOGY AND WATER QUALITY
1. Impact HYD-1: The MPA would result in potentially significant impacts to water quality due to
polluted runoff during construction activities. (Refer to pages 3.7-32 and 5-59 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure HYD-1a. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit.
— Mitigation Measure HYD-1b. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s
plan of development that in total disturbs one or more acres. The SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soil stabilizers shall be used.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant sh all file a Notice of
Completion for construction of the development, identifying that pollution sources were
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
52
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
— Mitigation Measure HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measures would reduce the
potentially significant construction runoff and erosion, reducing the impact to less than significant.
(See FEIR pages 3.7-36 and 5-59.)
2. Impact HYD-2: MPA development would substantially alter existing drainage patterns on the Project
site and Buckley Road Extension property, which could potentially result in substantial flooding,
erosion, or siltation onsite and offsite. (Refer to pages 3.7-36 and 5-59 of the Final EIR.)
a. Mitigation: The following mitigation measures shall be required.
— Mitigation Measure HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan.
The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the
Project site, including construction and stream stability, and set forth measures to coordinate Project
drainage with Chevron Tank Farm remediation and drainage improvements. The Master Drainage
Plan shall be implemented pursuant to the City’s SWMP submitted by the City to the RWQCB
under the NPDES Phase II program and pursuant to the programs developed under the City of San
Luis Obispo General Plan and the City of San Luis Obispo Waterways Management Plan. The
Master Drainage Plan shall meet the following requirements:
• Development of a Construction Drainage Plan that details the control and retention of
runoff for each phase of construction, and clearly displays the location of bioretention
facilities, their retention capacity and relationship to subsurface drainage culverts,
alignment of creek and drainage channels for each phase.
• Ensure that onsite detention facilities, particularly the pocket park/bioswale, are designed
to safely retain flood flows using either gently sloping exterior slopes (e.g., 4:1) or provide
safety fencing around perimeters, consistent with applicable City standards.
• Characterization of drainage from the East-West Channel and conveyance of flows after
removal of this channel.
• Demonstrate peak flows and runoff for each phase of construction.
• Be coordinated with habitat restoration efforts, including measures to minimize removal of
riparian and wetland habitats, contouring of creek invert to create pools and removal of
trash or debris as appropriate.
• Location and extent of vegetated Swales designed to reduce sediment and particulate forms
of metals and other pollutants along corridors of planted grasses or native vegetation.
• Location and extent of vegetated Filter Strips, 15-foot wide vegetated buffer strips that also
reduce sediment and particulate forms of metals and nutrients.
• The use, location and capacity of Hydrodynamic Separation Products to reduce suspended
solids greater than 240 microns, trash and hydrocarbons. These hydrodynamic separators
must be sized to handle peak flows from the Project site consistent with applicable
regulatory standards.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
53
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
Regulations.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.7-44 through 3.7-45 and 5-59.) Preparation of the
Master Drainage Plan and would ensure coordination of drainage improvements with the Chevron
Tank Farm property to the north, and establish the schedule and timing of onsite improvements.
MM BIO-2a, relocation of the Class I path outside of the 35-foot creek buffer, would reduce erosion
and siltation.
3. Impact HYD-3: The MPA could potentially result in flooding, including increased flood water
surface elevations across the Project site, adjacent properties, and within Tank Farm Creek. (Refer
to pages 3.7-45 and 5-60 of the Final EIR.)
a. Mitigation: The following measures would be required.
— Mitigation Measure HYD-3a. The Applicant shall prepare a Master Drainage Plan which shall
consider cumulative regional drainage and flooding impacts of the Project, and shall be submitted
to the City Public Works Director for approval and shall meet the following requirements:
• There shall be no significant net increase in upstream or downstream floodwater surface
elevations for the 100-year floodplain as a result of changes in floodplain configuration
and building construction. A significant threshold of a 2.5-inch increase in floodwater
surface elevations or 0.3 feet per second increase in stream velocities shall be used. This
shall be demonstrated to the satisfaction of the City Engineer or County Public Works
Director based on an Applicant furnished hydraulic analysis.
• There shall be no significant net decrease in floodplain storage volume as a result of a new
development or redevelopment projects. This can be achieved by a zero-net fill grading
plan, which balances all fill placed on the 100-year floodplain with cut taken from other
portions of the floodplain within the Project site of the application, or with cut exported
offsite. Specifically, all fill placed in a floodplain shall be balanced with an equal amount
of soil material removal (cut) and shall not decrease floodplain storage capacity at any
stage of a flood (2, 10, 50, or 100-year event).
• A net increase in fill in any floodplain is allowed only when all the conditions listed in the
Managed Fill Criteria of the Drainage Design Manual (DDM) are also met.
— Mitigation Measure HYD-3b. All bridges, culverts, outfalls, and modifications to the existing
creek channels must be designed and constructed in compliance with the City’s Drainage Design
Manual and approved by the City Engineer, USACE, CDFW, and Central Coast RWQCB, and
must meet city standards and policies.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
54
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measures above would
reduce the potentially significant flooding impact to less than significant by ensuring floodplain
storage within the MPA site is not substantially decreased. (See FEIR p. 3.7-48 and 5-60.)
4. Impact HYD-4: Installation of at least two utility lines using horizontal directional drilling would
bisect Tank Farm Creek and has the potential to impact water quality. (Refer to pages 3.7-48 and 5-60
of the Final EIR.)
a. Mitigation: The following measures would be required.
— Mitigation Measure HYD-4a. A site-specific, geotechnical investigation shall be completed in
areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the
proposed depth of HDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments
and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud
mixtures for specific types of sediments). The investigation shall include results from at least three
borings, a geologic cross section, a discussion of drilling conditions, and a history and
recommendations to prevent frac-outs.
— Mitigation Measure HYD-4b. A Frac-out Contingency Plan shall be completed and shall include
measures for training, monitoring, worst case scenario evaluation, equipment and materials, agency
notification and prevention, containment, clean up, and disposal of released drilling muds.
Preventative measures would include incorporation of the recommendations of the geotechnical
investigation to determine the most appropriate HDD depth and drilling mud mixture. In
accordance with the RWQCB, HDD operations shall occur for non-perennial streams such as Tank
Farm Creek only when the stream is dry, and only during daylight ho urs. In addition, drilling
pressures shall be closely monitored so that they do not exceed those needed to penetrate the
formation. Monitoring by a minimum of two City-approved monitors (located both upstream and
downstream, who will move enough to monitor the entire area of operations) shall occur throughout
drilling operations to ensure swift response in the event of a frac -out, while containment shall be
accomplished through construction of temporary berms/dikes and use of silt fences, straw bales,
absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic
pails, shovels, portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be
submitted to the City, and the RWQCB shall review the plan.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of mitigation measures MM HYD-4a and b would
ensure that water quality within Tank Farm Creek is not adversely impacted by HDD drilling
activities. (See FEIR pages 3.7-50 and 5-60 to 5-61.)
5. Impact HYD-5: Operation of the Project would result in potentially significant impacts to water quality
of Tank Farm and San Luis Obispo Creeks due to polluted urban runoff and sedimentation. (Refer to
page 3.7-50 and 5-61 of the Final EIR.)
a. Mitigation: The following measures would be required.
— Mitigation Measure HYD-2a. The Applicant shall prepare and submit a Master Drainage Plan.
The Master Drainage Plan shall address cumulative regional drainage and flooding impacts on the
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
55
Project site, including construction and stream stability, and set forth measures to coordinate Project
drainage with Chevron Tank Farm remediation and drainage improvements. The Master Drainage
Plan shall be implemented pursuant to the City’s SWMP submitted by the City to the RWQCB
under the NPDES Phase II program and pursuant to the programs developed under the City of San
Luis Obispo General Plan and the City of San Luis Obispo Waterways Management Plan. The
Master Drainage Plan shall meet the following requirements:
• Development of a Construction Drainage Plan that details the control and retention of
runoff for each phase of construction, and clearly displays the location of bioretention
facilities, their retention capacity and relationship to subsurface drainage culverts,
alignment of creek and drainage channels for each phase.
• Ensure that onsite detention facilities, particularly the pocket park/bioswale, are designed
to safely retain flood flows using either gently sloping exterior slopes (e.g., 4:1) or provide
safety fencing around perimeters, consistent with applicable City standards.
• Characterization of drainage from the East-West Channel and conveyance of flows after
removal of this channel.
• Demonstrate peak flows and runoff for each phase of construction.
• Be coordinated with habitat restoration efforts, including measures to minimize removal of
riparian and wetland habitats, contouring of creek invert to create pools and removal of
trash or debris as appropriate.
• Location and extent of vegetated Swales designed to reduce sediment and particulate forms
of metals and other pollutants along corridors of planted grasses or native vegetation.
• Location and extent of vegetated Filter Strips, 15-foot wide vegetated buffer strips that also
reduce sediment and particulate forms of metals and nutrients.
• The use, location and capacity of Hydrodynamic Separation Products to reduce suspended
solids greater than 240 microns, trash and hydrocarbons. These hydrodynamic separators
must be sized to handle peak flows from the Project site consistent with applicable
regulatory standards.
— Mitigation Measure HYD-5. A Development Maintenance Manual for the Project shall include
detailed procedures for maintenance and operations of any storm water facilities to ensure long-
term operation and maintenance of post-construction storm water controls. The maintenance
manual shall require that storm water 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 Development Maintenance Manual shall include the
following:
• All loading docks and trash storage areas shall be setback a minimum of 150 feet from the
top of the creek bank. No outdoor storage or larger trash receptacles shall be permitted
within this setback area. All trash and outdoor storage areas shall be operated to reduce
potential impacts to riparian areas;
• Runoff shall be directed away from trash and loading dock areas;
• Trash and loading dock areas shall be screened or walled to minimize offsite transport of
trash;
• Bins shall be lined or otherwise constructed to reduce leaking of liquid wastes;
• Trash and loading dock areas shall be paved;
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
56
• Impermeable berms, drop inlets, trench catch basin, or overflow containment structures
around docks and trash areas shall be installed to minimize the potential for leaks, spills or
wash down water to enter the drainage system and Tank Farm Creek; and,
• The developer or acceptable maintenance organization shall complete inspections of the
site to ensure compliance with BMPs and water quality requirements on a semi -annual
basis (May 15 and October 15 of each year). A detailed summary report prepared by a
licensed Civil Engineer shall be submitted to the City of San Luis Obispo Public Works
Department. The requirements for inspection and report submittal shall be recorded against
the property.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measures listed above would
reduce runoff entering Tank Farm Creek and reduce the impacts to less than significant. (See FIER
page 3.7-52 and 5-61.)
G. LAND USE AND PLANNING
1. Impact LU-3: The proposed Project would be potentially inconsistent with adopted City policies in
the General Plan designed to protect biological resources and agricultural resources and ensure
provision of adequate utilities and public services. (Refer to pages 3.8-57 and 5-63of the Final EIR.)
a. Mitigation: The following mitigation measures would be required to ensure Project consistency
with applicable City General Plan policies.
— Mitigation Measure AG-1. The Applicant shall establish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City’s priority is that such agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implemented using one of the following options:
i. The Applicant shall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, within the City of San Luis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or place in a conservation easement a parcel of land of at least 71 acres of
equal quality farmland, or provide in-lieu fees to allow the City to complete such an
acquisition.
j. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase
or place in a conservation easement a parcel of farmland, of equal quantity and quality,
within the City’s Sphere of Influence that is threatened by development of nonagricultural
uses. The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere of Influence). The Applicant may also provide
in-lieu fees to allow the City to complete such an acquisition.
k. In the event that no suitable land is available within the City limits or City’s Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland, of equal quantity and quality, within the City’s urban reserve or
greenbelt that is threatened by development of nonagricultural uses. This parcel shall be
placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to
complete such an acquisition.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
57
l. In the event that no suitable land for an agricultural conservation easement is available for
purchase within the City limits, the City’s Sphere of Influence, or urban reserve or
greenbelt Planning Area, the Applicant shall identify and purchase or place in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be
threatened by the conversion to nonagricultural use. This parcel shall be placed in an
agricultural conservation easement. The Applicant may also provide in-lieu fees to allow
the City to complete such an acquisition. The Applicant shall demonstrate that such land is
as close in proximity to the City as feasible.
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obi spo Zoning
Regulations.
— Mitigation Measure BIO-2b. The Biological Mitigation Plan shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City’s
Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for
review and approval. The plan shall be implemented by the Project Applicant, under supervision
by the City and Environmental Monitor, and:
14. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
15. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soil, plants, and other
materials that will be necessary for successful habitat replacement, and a description of
planting methods, location, spacing, erosion protection, and irrigation measures that will
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
16. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BIO-2c through BIO-2e below and the findings in the
Biological Report (Appendix I).
17. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
18. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
19. Describe the criteria that will be used to evaluate the effectiveness and success of the
habitat replacement approach.
20. Indicate the timing and schedule for the planting of replacement habitat.
21. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent possible.
Habitats suitable for Congdon’s tarplant and other native wetland species shall be created
onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
58
open space area. A management plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species.
22. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved by permitting agencies.
23. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wildlife and plant species.
24. A weed management plan and weed identification list shall be included in the Biological
Mitigation Plan.
25. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds found on California Department of Food and Agriculture
Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise
managed.
26. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the third year, and annually the fourth
and fifth years. Annual reports documenting site inspections and site recovery status shall
be prepared and sent to the County and appropriate agencies.
— Mitigation Measure BIO-2c. Within the required Biological Mitigation Plan, all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
11. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
12. Permanent impacts to state jurisdictional areas, including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and
enhanced habitat to impacted habitat).
13. Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area
of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted
habitat).
14. 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: removed). Trees measured at 24
inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated
at a 3:1 ratio to ensure no net loss of acreage and individual plants.
15. Replacement trees shall 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. Replacement plants shall be monitored 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.
— Mitigation Measures BIO-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
59
— Mitigation Measure BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
— Mitigation Measure BIO-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and habitat restoration activities. The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-built plans shall be prepared by landscape and grading contractors responsible for realignment
and restoration within Tank Farm Creek.
— Mitigation Measure BIO-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream
and downstream including channel width, gradient, and vegetation.
— Mitigation Measure BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which Project activities occurred. All exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
— Mitigation Measure BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. The
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation
and the creek channel and banks.
— Mitigation Measure PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share
contribution to a future citywide or area-wide fire protection service protection development impact
fee program. Additionally, the AASP should be amended to include a fee program to fund the
City’s fifth fire station and/or integrate such fair share fee programs into the proposed Community
Facilities District (CFD).
— Mitigation Measure TRANS-4. The Applicant shall prepare an improvement plan for Horizon
Lane, Earthwood Lane, and Suburban Road, including roadway, bicycle, and pedestrian
improvements. Improvements shall be constructed by the Applicant in coordination with the
phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway
improvements in a timely manner consistent with Project phasing. The Project Applicant shall:
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
60
• Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance
with City standards for a commercial collector of width between 44 to 60 feet from
Suburban Road to the Project boundary. This plan shall be developed in coordination with
adjacent property owners and the City Public Works Department. Horizon Lane shall not
be connected to the Project site until such a plan has been completed and improvements
are completed in accordance with the phasing plan, as part of Phase 4. The section of
Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be
designated as a residential collector with a width of roadway between 40 and 60 feet. Per
MM TRANS-2e, construction of the Horizon Road from Suburban Road to Phase 4 of the
Project shall be completed and open to travel prior to the issuance of any occupancy permit
for the 100th residential unit of Phase 4 development.
• Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with
City Engineering Standards and Specifications – Uniform Design Criteria and Municipal
Code Standards.
• Coordinate with the property owners along Earthwood Lane and City staff to complete the
Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall be
developed to full City standards for a residential collector. Resi dential collectors shall be
44 to 60 feet wide as required by the City’s Uniform Design Criteria.
• Coordinate with the property owners along Suburban Road and City staff to prepare a
detailed improvement plan for Suburban Road to bring this road into confor mance with
City standards. This plan shall address widening of substandard sections near the east end
of this roadway, completion of missing sidewalk segments, installation of street trees,
pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance to the City’s
Engineering Standards and Specifications – Uniform Design Criteria, a commercial
collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial
uses. Improvements from Earthwood Lane to Higuera Street shall be done as part of Phase
1. Improvements from Earthwood Lane to Horizon Lane shall be done as part of Phase 4
development, prior to the connection of Horizon Lane with the Project site.
• Prepare a detailed phasing plan that identifies reasonable timing of such improvements for
Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed
in close coordination with City staff. Per MM TRANS 2e, construction of the Suburban
Road improvements from Horizon Road from Earthwood shall be completed and open to
travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to Higuera and the
Earthwood improvements on the Project site and between the Project and Suburban shall
be completed prior to issuance of the occupancy permit for the 1st dwelling unit.
— Mitigation Measure TRANS-10a. The Applicant shall design and construct ADA-compliant
sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of
travel from the City limit line to Los Osos Valley Road.
— Mitigation Measure TRANS-10b. The Applicant shall design and construct continuous sidewalks
along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including
ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-
6.
— Mitigation Measure TRANS-10c. The Applicant shall design and construct continuous ADA-
compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera
Street to Earthwood Lane. A receiving ramp shall be installed on the north side of Suburban Road
at Earthwood Lane.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
61
— Mitigation Measure TRANS-11. The Applicant shall construct two (2) separated bicycle bridges
on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as
to provide continuous and safe bicycle routing along Buckley Road. These sections of roadway and
creek crossings are under the jurisdiction of the County and would need to meet both City and
County design standards to the greatest extent feasible and are subject to approval of the City’s
Public Works Director.
— Mitigation Measure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provided to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase’s development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and
install any physical improvements to Earthwood Lane and Suburban Road needed to
accommodate future service to the site. In addition, the proposed transit service onsite shall meet
standards stated in Policy 3.1.6, Service Standards.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of mitigation measure MM AG-1 would protect
agricultural lands consistent with LU Policies 1.8.1 and 1.9.2. Implementation of Mitigation
Measures BIO-2a through 2e, and BIO-2g through 2j, would achieve consistency with policies that
protect wildlife corridors and Tank Farm Creek. Implementation of Mitigation Measure PS-2 would
offset the MPA’s contribution to increased demand on fire protection services. Implementation of
mitigation measures within Section 3.12, Transportation and Traffic would result in Project
consistency with General Plan Circulation policies and standards, and would result in less than
significant impacts. (See FEIR pages 3.8-61 through 3.8-60 and FEIR page 5-63.)
H. NOISE
1. Impact NO-3: Long-term operational noise impacts would include higher roadway noise levels from
increased vehicle traffic generated by the MPA, MPA operational noise, and exposure of future
residents to high noise levels that could result in the exceedance of thresholds in the City’s General
Plan Noise Element and Noise Guidebook. (Refer to pages 3.9-28 and 5-66 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure NO-3a. R-1 and R-2 residential units planned in the area of the Project site
within 300 feet of Buckley Road and R-4 units in the northwest corner of the Project site shall
include noise mitigation for any potential indoor space and outdoor activity areas that are confirmed
to be above 60 dBA as indicated in the Project’s Sound Level Assessment. The following shall be
implemented for residential units with noise levels exceeding 60 dBA:
• Outdoor Activity Area Noise Mitigation. Where exterior sound levels exceed CNEL = 60
dBA, noise reduction measures shall be implemented, including but not limited to:
• Exterior living spaces of residential units such as yards and patios shall be oriented
away from Project boundaries that are adjacent to noise-producing uses that exceed
exterior noise levels of CNEL = 60 dBA, such as roadways and
industrial/commercial activities.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
62
• Construction of additional sound barriers/berms with noise-reducing features for
affected residences.
• Exterior Glazing. Exterior window glazing for residential units exposed to potential noise
above Ldn=60 dBA shall achieve a minimum Outdoor-Indoor Transmission Class (OITC)
24 / Sound Transmission Class (STC) 30. Glazing systems with dissimilar thickness panes
shall be used.
• Exterior Doors Facing Noise Source. According to Section 1207.7 of the California
Building Code, residential unit entry doors from interior spaces shall have a combined STC
28 rating for any door and frame assemblies. Any balcony and ground floor entry doors
located at bedrooms shall have an STC 30 rating. Balconies shall be oriented away from
the northwest property line.
• Exterior Walls. Construction of exterior walls shall consist of a stucco or engineered
building skin system over sheathing, with 4-inch to 6-inch deep metal or wood studs,
fiberglass batt insulation in the stud cavity, and one or two layers of 5/8-inch gypsum board
on the interior face of the wall. If possible, electrical outlets shall not be installed in exterior
walls exposed to noise. If not possible, outlet box pads shall be applied to all electrical
boxes and sealed with non-hardening acoustical sealant.
• Supplemental Ventilation. According to the California Building Code, supplemental
ventilation adhering to OITC/STC recommendations shall be provided for residential units
with habitable spaces facing noise levels exceeding Ldn=60 dBA, so that the opening of
windows is not necessary to meet ventilation requirements. Supplemental ventilation can
also be provided by passive or by fan-powered, ducted air inlets that extend from the
building’s rooftop into the units. If installed, ducted air inlets shall be acoustically lined
through the top-most 6 feet in length and incorporate one or more 90-degree bends between
openings, so as not to compromise the noise insulating performance of the residential unit’s
exterior envelope.
• Sound Walls. Sound walls shall be built on the north and east property lines of the Project
in Phase 3 that adjoin Suburban Road. The barrier shall consist of mortared masonry.
Further, proposed carports with solar canopies shall be installed around the western and
northern perimeter of the R-4 units, and these units shall be setback a minimum of 100 feet
from the property line.
• Landscaping. Landscaping along the north and east Project site boundaries that adjoin
Suburban Road shall include a line of closely space trees and shrubs with sufficient
vegetative density to help reduce sound transmission.
— Mitigation Measure NO-3b. Buckley Road widening improvements shall include the use of
rubberized asphalts or alternative paving technology to reduce noise levels for sensitive receptors
near the roadway.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.9-33 and 5-66.) The mitigation above would ensure
that lower indoor space noise levels would not exceed the threshold of 45 dBA.
I. PUBLIC SERVICES
1. Impact PS-1: Implementation of the MPA would potentially increase demand on the SLOPD for police
protection services. (Refer to pages 3.11-14 and 5-67 of the Final EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
63
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure PS-1. The Applicant shall prepare and implement a brief Security Plan for the
Project site. The Security Plan shall be prepared in consultation with the SLOPD and address public
safety concerns in common or public spaces, parks, bike paths and open space areas, the
commercial center, and parking lots. The Security Plan shall set forth lighting requirements,
security recommendations for parks, open space and trails (e.g., visibility, lighting, etc.), and
establish rules for use of the public areas.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.11-16 and 5-68.) Implementation of the above
mitigation measure, in combination with the ability to consider increases in future police staffing,
would reduce demand on SLOPD police protection services.
2. Impact PS-2: MPA implementation would increase the demand for SLOFD fire protection services,
create potential declines in firefighter to resident ratios, be located outside of accepted response time
performance area and necessitate construction of an additional fire protection facility, with potential
for secondary environmental impacts. (Refer to pages 3.11-16 and 5-68 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure PS-2. Fair Share Contribution. The Applicant shall agree to pay a fair share
contribution to a future citywide or area-wide fire protection service protection development impact
fee program. Additionally, the AASP should be amended to include a fee program to fund the
City’s fifth fire station and/or integrate such fair share fee programs into the proposed Community
Facilities District (CFD).
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. (See FEIR pages 3.11-19 and 5-67.)
J. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-1: Project construction activities would potentially create traffic impacts due to
congestion from construction vehicles (e.g., construction trucks, construction worker vehicles,
equipment, etc.) as well as temporary traffic lane and sidewalk closures. (Refer to pages 3.12-38 and
5-71 of the Final EIR.)
a. Mitigation: The following mitigation measure would be required.
— Mitigation Measure TRANS-1. The Applicant shall prepare a Construction Transportation
Management Plan for all phases of the proposed Project for review and approval by the City prior
to issuance of grading or building permits to address and manage traffic during construction. The
Plan shall be designed to:
• Prevent traffic impacts on the surrounding roadway network;
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
64
• Restrict construction staging to within the Project site;
• Minimize parking impacts both to public parking and access to private parking to
the greatest extent practicable;
• Ensure safety for both those construction vehicles and works and the surrounding
community; and
• Prevent substantial truck traffic through residential neighborhoods.
• The Construction Transportation Management Plan shall be subject to review and approval
by the Public Works Director to ensure that the Plan has been designed in accordance with
this mitigation measure. This review shall occur prior to issuance of grading or building
permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane
configurations; warning, regulatory, guide, and directional signage; and area
sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific
information regarding the Project’s construction activities that may disrupt normal
pedestrian and traffic flow and the measures to address these disruptions. Such
Plan shall be reviewed and approved by the Community Development Department
and implemented in accordance with this approval.
• Work within the public right-of-way shall be reviewed and approved by the City
on a case by case basis based on the magnitude and type of construction activity.
Generally, work shall be performed between 8:30 AM and 4:00 PM. This work
includes dirt hauling and construction material delivery. Work within the public
right-of-way outside of these hours shall only be allowed after the issuance of an
after-hours construction permit administered by the Building and Safety Division.
Additionally, restrictions may be put in place by Public Works Department
depending on particular construction activities and conditions.
• Streets and equipment shall be cleaned in accordance with established Public
Works requirements.
• Trucks shall only travel on a City-approved construction route. Limited queuing
may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be onsite, with a minimum amount of materials within
a work area in the public right-of-way, subject to a current Use of Public Property
Permit.
• Provision of off-street parking for construction workers, which may include the
use of a remote location with shuttle transport to the site, if determined necessary
by the City.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
• The traveling public shall be advised of impending construction activities that may
substantially affect key roadways or other facilities (e.g., information signs,
portable message signs, media listing/notification, and implementation of an
approved Construction Impact Mitigation Plan).
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
65
• A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize
Load Permit, as well as any Caltrans permits required for any construction work
requiring encroachment into public rights-of-way, detours, or any other work
within the public right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected
agencies (e.g., Police Department, Fire Department, Public Works Department,
and Community Development Department) and to all owners and residential and
commercial tenants of property within a radius of ¼ mile.
• Construction work shall be coordinated with affected agencies in advance of start
of work. Approvals may take up to two weeks per each submittal.
• Public Works Department approval of any haul routes for construction materials
and equipment deliveries shall be obtained
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the MPA to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR. Preparation of a Construction
Transportation Management Plan as part of MM TRANS -1 would reduce construction-
related traffic impacts to the maximum extent feasible by establishing truck routes and
parking locations for construction workers. (See FEIR page 3.12-41 and 5-71.)
2. Impact TRANS-2: Phased MPA development combined with limited site access and related increases
in congestion on surrounding roadways would have the potential to cause transportation deficiencies
throughout the Project vicinity. (Refer to pages 3.12-41 and 5-71 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-2a. The Applicant shall create and submit a Transportation
Improvement Phasing Plan to the City for review and approval, and shall ensure that construction
of the Project follows the sequential phasing order utilized in the TIS for such improvements. The
Plan shall address the timing and general design of all on and offsite transportation improvements.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM TRANS-2a would require the Applicant to
follow the sequencing of the approved phasing construction plan, which would ensure that any
potential impacts during Phase 1, 2, and 4 are mitigated.
3. Impact TRANS-3: MPA-generated traffic would potentially create turning movement conflicts at
driveways and intersections on the Project site. (Refer to pages 3.12-49 and 5-71 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-3a. Project roadway and driveway design shall be reviewed and
approved by the City to ensure compliance with City engineering standards and not conflict with
intersection functional areas (e.g., aligning driveways on opposite sides of the roa dway, position
driveways as far upstream from intersections as possible).
— Mitigation Measure TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed
bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
66
site, including the extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by
Policy 8.1.3.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM TRANS-3a and -3b, would ensure that the
design and operation of these roads are consistent with safety regulations on residential roads and
this impact would be less than significant.
4. Impact TRANS-4: MPA-generated traffic would exceed Circulation Element maximum volume
thresholds at Vachell Lane, Earthwood Lane, Horizon Lane, and Suburban Road. (Refer to pages 3.12-
51 and 5-72 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-2a. The Applicant shall create and submit a Transportation
Improvement Phasing Plan to the City for review and approval, and shall ensure that construction
of the Project follows the sequential phasing order utilized in the TIS for such improvements. The
Plan shall address the timing and general design of all on and offsite transportation improvements.
— Mitigation Measure TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed
bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project
site, including the extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by
Policy 8.1.3.
— Mitigation Measure TRANS-4. The Applicant shall prepare an improvement plan for Horizon
Lane, Earthwood Lane, and Suburban Road, including roadway, bicycle, and pedestrian
improvements. Improvements shall be constructed by the Applicant in coordination with the
phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway
improvements in a timely manner consistent with Project phasing. The Project Applicant shall:
• Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance
with City standards for a commercial collector of width between 44 to 60 feet from
Suburban Road to the Project boundary. This plan shall be developed in coordination with
adjacent property owners and the City Public Works Department. Horizon Lane shall not
be connected to the Project site until such a plan has been completed and improve ments
are completed in accordance with the phasing plan, as part of Phase 4. The section of
Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be
designated as a residential collector with a width of roadway between 40 and 60 feet. Per
MM TRANS-2e, construction of the Horizon Road from Suburban Road to Phase 4 of the
Project shall be completed and open to travel prior to the issuance of any occupancy permit
for the 100th residential unit of Phase 4 development.
• Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with
City Engineering Standards and Specifications – Uniform Design Criteria and Municipal
Code Standards.
• Coordinate with the property owners along Earthwood Lane and City staff to complete the
Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall be
developed to full City standards for a residential collector. Residential collectors shall be
44 to 60 feet wide as required by the City’s Uniform Design Criteria.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
67
• Coordinate with the property owners along Suburban Road and City staff to prepare a
detailed improvement plan for Suburban Road to bring this road into conformance with
City standards. This plan shall address widening of substandard sections near the east end
of this roadway, completion of missing sidewalk segments, installation of street trees,
pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance to the City’s
Engineering Standards and Specifications – Uniform Design Criteria, a commercial
collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial
uses. Improvements from Earthwood Lane to Higuera Street shall be done as part of Phase
1. Improvements from Earthwood Lane to Horizon Lane shall be done as part of Phase 4
development, prior to the connection of Horizon Lane with the Project site.
• Prepare a detailed phasing plan that identifies reasonable timing of such improvements for
Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed
in close coordination with City staff. Per MM TRANS 2e, construction of the Suburban
Road improvements from Horizon Road from Earthwood shall be completed and open to
travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to Higuera and the
Earthwood improvements on the Project site and between the Project and Suburban shall
be completed prior to issuance of the occupancy permit for the 1st dwelling unit.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the MPA to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR. MM TRANS-3b would require speed
calming measures on internal roadways to ensure speed limits do not exceed thresholds.
The construction of these roadways is described in Impact TRANS-2 and associated
mitigation measures address phasing impacts on these roadways. To assure Suburban Road
operates at acceptable levels, MM TRANS-4 would require widening of the roadway.
5. Impact TRANS-6: MPA-generated traffic would exacerbate existing queuing at the South
Street/Higuera Street intersection northbound right-turn lane, resulting in significant impacts. (Refer to
pages 3.12-58 and 5-72 of the Final EIR.)
a. Mitigation: The following mitigation measure would be required.
— Mitigation Measure TRANS-6. The Applicant shall design and construct the extension of the
northbound right turn-lane at the South Street/Higuera Street intersection, to provide more storage
capacity.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. MM TRANS-6 would require the Applicant to construct the extension
of the northbound turn-lane at South Street/Higuera Street, providing more storage capacity and
reducing the impact to less than significant. (See FEIR pages 3.12-58 to -59 and 5-72.)
6. Impact TRANS-7: MPA-generated traffic would cause exceedance of storage capacities at several
intersections along South Higuera Street. (Refer to pages 3.12-59 and 5-72 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-7a. The Applicant shall design and construct a second northbound
left-turn lane at the intersection of South Higuera Street/Prado Road. The Applicant shall also pay
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
68
a fair share fee for the widening of Prado Road Creek Bridge west of South Higuera Street by
participating in the citywide transportation impact fee program.
— Mitigation Measure TRANS-7b. The Applicant shall design and construct a second southbound
left-turn lane at the Tank Farm Road/South Higuera Street intersection.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of MM TRANS-7a, and 7b, would require the
Applicant to install roadway improvements at multiple intersections along South Higuera Street to
avoid traffic impacts at these intersections.
7. Impact TRANS-8: MPA-generated traffic would cause delays and exceedance of intersection
capacities at several intersections along Los Osos Valley Road. (Refer to pages 3.12-64 and 5-73 of the
Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-8a. The Project is located within the Los Osos Valley Road
Interchange Sub Area fee program, and, as such, the Applicant shall pay the Los Osos Valley Road
subarea fee, for the cost of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange
project and improvements along Los Osos Valley Road. The fee shall be associated with the
number of dwelling units and the square footage of commercial development in the Project site and
shall be paid the time of building permit issuance.
— Mitigation Measure TRANS-8b. In coordination with the Applicant, the City shall retime the
traffic signal at Los Osos Valley Road/South Higuera Street intersection and installation of signage
at the South Higuera Street/Buckley Road intersection (terminus of the Buckley Road Extension)
to inform drivers of additional access to U.S. Highway 101 at Ontario Road. The City Public Works
Department shall ensure the improvements and signage meet safety criteria.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. The recently completed Los Osos Valley Road/U.S. Highway 101
interchange project has improved interchange operations to an acceptable LOS that the Project is
substantially benefitting from and residual impacts associated with Project traffic would be less
than significant. Retiming of the traffic signal at the intersection of South Higuera Street/Buckley
Road and installing directional signage to inform drivers of additional U.S. Highway 101 access at
Ontario Road, as part of the Buckley Road Extension, would alleviate existing queues by diverting
traffic away from this intersection. All improvements would mitigate impacts to acceptable levels,
resulting in a less than significant impact.
8. Impact TRANS-10: The proposed MPA would potentially degrade level of service for various
pedestrian facilities serving the Project vicinity. (Refer to page 5-73 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
69
— Mitigation Measure TRANS-3b. The Applicant shall install traffic calming measures (e.g., speed
bumps, pedestrian bulb-outs, etc.) to control speed levels along internal roadways of the Project
site, including the extensions of Venture Drive, Horizon Lane, and Jespersen Road as required by
Policy 8.1.3.
— Mitigation Measure TRANS-4. The Applicant shall prepare an improvement plan for Horizon
Lane, Earthwood Lane, and Suburban Road, including roadway, bicycle, and pedestrian
improvements. Improvements shall be constructed by the Applicant in coordination with the
phasing plan required by MM TRANS-2a, to ensure the Applicant constructs all offsite roadway
improvements in a timely manner consistent with Project phasing. The Project Applicant shall:
• Prepare a detailed improvement plan for Horizon Lane to bring this road into conformance
with City standards for a commercial collector of width between 44 to 60 feet from
Suburban Road to the Project boundary. This plan shall be developed in coordination with
adjacent property owners and the City Public Works Department. Horizon Lane shall not
be connected to the Project site until such a plan has been completed and improvements
are completed in accordance with the phasing plan, as part of Phase 4. The section of
Horizon Lane/Jespersen Road from the Project boundary to Buckley Road shall be
designated as a residential collector with a width of roadway between 40 and 60 feet. Per
MM TRANS-2e, construction of the Horizon Road from Suburban Road to Phase 4 of the
Project shall be completed and open to travel prior to the issuance of any occupancy permit
for the 100th residential unit of Phase 4 development.
• Design and improve the intersection of Horizon Lane/Suburban Road to be consistent with
City Engineering Standards and Specifications – Uniform Design Criteria and Municipal
Code Standards.
• Coordinate with the property owners along Earthwood Lane and City staff to complete the
Earthwood Lane Extension to the Project site as part Phase 1. Earthwood Lane shall be
developed to full City standards for a residential collector. Residential collectors shall be
44 to 60 feet wide as required by the City’s Uniform Design Criteria.
• Coordinate with the property owners along Suburban Road and City staff to prepare a
detailed improvement plan for Suburban Road to bring this road into conformance with
City standards. This plan shall address widening of substandard sections near the east end
of this roadway, completion of missing sidewalk segments, installation of street trees,
pedestrian crossings (e.g., Suburban Road at Earthwood Lane). In accordance to the City’s
Engineering Standards and Specifications – Uniform Design Criteria, a commercial
collector road shall be 44 to 68 feet wide to effectively serve commercial and industrial
uses. Improvements from Earthwood Lane to Higuera Street shall be done as part of Phase
1. Improvements from Earthwood Lane to Horizon Lane shall be done as part of Phase 4
development, prior to the connection of Horizon Lane with the Project site.
• Prepare a detailed phasing plan that identifies reasonable timing of such improvements for
Suburban Road, Horizon Lane, and Earthwood Lane. The phasing plan shall be developed
in close coordination with City staff. Per MM TRANS 2e, construction of the Suburban
Road improvements from Horizon Road from Earthwood shall be completed and open to
travel prior to issuance of an occupancy permit for the 100th residential unit of Phase 4
development. The Suburban Road improvement from Earthwood to Higuera and the
Earthwood improvements on the Project site and between the Project and Suburban shall
be completed prior to issuance of the occupancy permit for the 1st dwelling unit.
— Mitigation Measure TRANS-8a. The Project is located within the Los Osos Valley Road
Interchange Sub Area fee program, and, as such, the Applicant shall pay the Los Osos Valley Road
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
70
subarea fee, for the cost of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange
project and improvements along Los Osos Valley Road. The fee shall be associated with the
number of dwelling units and the square footage of commercial development in the Project site and
shall be paid the time of building permit issuance.
— Mitigation Measure TRANS-10a. The Applicant shall design and construct ADA-compliant
sidewalks and ADA ramps on the east side of South Higuera Street to provide continuous paths of
travel from the City limit line to Los Osos Valley Road.
— Mitigation Measure TRANS-10b. The Applicant shall design and construct continuous sidewalks
along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including
ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-
6.
— Mitigation Measure TRANS-10c. The Applicant shall design and construct continuous ADA-
compliant sidewalks and ADA ramps along the south side of Suburban Road from South Higuera
Street to Earthwood Lane. A receiving ramp shall be installed on the north side of Suburban Road
at Earthwood Lane.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measures would require
installation of pedestrian facilities, continuous sidewalks and ADA ramps, where needed, ensuring
that pedestrian facilities in the Project vicinity operate at acceptable levels and reducing the impact
to less than significant. (See FEIR pages 3.12-70 and 5-73.)
9. Impact TRANS-11: MPA development would increase demand for bicycle facilities in an underserved
area and would potentially conflict with the City’s Bicycle Transportation Plan regulations and General
Plan thresholds. (Refer to page 5-73 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-8a. The Project is located within the Los Osos Valley Road
Interchange Sub Area fee program, and, as such, the Applicant shall pay the Los Osos Valley Road
subarea fee, for the cost of reconstructing the Los Osos Valley Road/U.S. Highway 101 interchange
project and improvements along Los Osos Valley Road. The fee shall be associated with the
number of dwelling units and the square footage of commercial development in the Project site and
shall be paid the time of building permit issuance.
— Mitigation Measure TRANS-11. The Applicant shall construct two (2) separated bicycle bridges
on each side of Buckley Road at Tank Farm Creek and provide connections to Buckley Road so as
to provide continuous and safe bicycle routing along Buckley Road. These sections of roadway and
creek crossings are under the jurisdiction of the County and would need to meet both City and
County design standards to the greatest extent feasible and are subject to approval of the City’s
Public Works Director.
b. Finding: 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. Implementation of MM TRANS-8a and -11 would require that all
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
71
proposed bicycle lanes are design to meet BTP requirements and ensure consistency with General
Plan thresholds and the BTP goals and guidelines.
10. Impact TRANS-12. The proposed MPA would increase demand for transit services in an
underserved area, presenting a barrier to both transit dependent and non-transit dependent households
for using transit. (Refer to page 3.12-74 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce the project’s impacts from
increases in demand for transit services.
— Mitigation Measure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provided to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase’s development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and
install any physical improvements to Earthwood Lane and Suburban Road needed to
accommodate future service to the site. In addition, the proposed transit service onsite shall meet
standards stated in Policy 3.1.6, Service Standards.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the significant environmental effects
identified in the Final EIR. Implementation of the proposed mitigation measure will meet the
increased demand for transit service and reduce the impact to less than significant. (See FEIR page
3.12-75 and 5-73.)
11. Cumulative Impact TRANS-14: Under near-term conditions, the proposed MPA would cumulatively
contribute incrementally to increased demand for bicycle and pedestrian facilities, potentially
conflicting with the City’s BTP regulations and General Plan thresholds. (Refer to page 5-74 of the
Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-10b. The Applicant shall design and construct continuous sidewalks
along the east side of South Higuera Street from Vachell Lane to Los Osos Valley Road including
ADA ramps at the Vachell Lane and South Higuera Street intersection, as illustrated in Figure 3.12-
6.
— Mitigation Measure TRANS-14. If approved by City Council, the City shall amend the TIF, or
some other fee program, to include a fee program for the installation of a Class I bicycle path from
Buckley Road/South Higuera Street intersection to Los Osos Valley Road/U.S. Highway 101
southbound ramps intersection, connecting to the Bob Jones Trail. The Applicant shall pay its fair
share fee to fund the improvement through the adopted fee program. Alternatively, the City may
establish a special or ad hoc mitigation fee program to fund the Project’s share of these
improvements.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the cumulatively significant environmental
effects identified in the Final EIR. Implementation of MM-TRANS-10b would require the
Applicant to install continuous sidewalks to improve pedestrian LOS on Higuera Street from LOVR
to Vachell Lane. In addition, MM TRANS-14 would require the Applicant to pay its fair share fee
to fund the design and installation of a Class I bike path connection from Buckley Road/South
Higuera Street intersection to the Los Osos Valley Road/U.S. Highway 101 southbound ramps
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
72
intersection if approved by Council. The Class I bicycle path would provide a parallel route to
South Higuera Street and avoid intersections along that segment. Therefore, with the installation of
Class I bicycle paths and continuous pedestrian facilities, cumulative impacts would be less than
significant.
12. Cumulative Impact TRANS-15: Under long-term cumulative plus Project conditions, MPA-
generated traffic would result in a cumulatively considerable contribution to potentially significant
impacts to the operational conditions at four intersections. (Refer to page 5-74 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the
installation a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG
SR 227 Operations Study. The City shall collect the fair share fee and coordinate payment of Project
fair share fees to help fund improvements with the County. Alternatively, the City should consider
an amendment of the AASP impact fee program to establish a new areawide fee to help fund
improvements to the intersection to offset cumulative development impacts. If an amended AASP
fee is created by the City, it will suffice as appropriate mitigation for the Project’s participation in
these improvements.
— Mitigation Measure TRANS-15a. The Applicant shall pay its fair share fee to the City to fund the
widening of the Prado Road/South Higuera Street intersection to accommodate a dual left-turn lane,
dual thru-lanes, and a right-turn lane on all approaches. Part of this share may be contained within
existing fee programs or ultimately incorporated into the Citywide TIF program. If amended into
the Citywide TIF fee program, payment of those fees will address project impacts.
— Mitigation Measure TRANS-15b. The Applicant shall pay its fair share mitigation fees to fund
improvements to the intersection of Higuera/Tank Farm Road to provide: 1) extension of the
northbound right-turn lane, 2) the installation of a “pork cop” island to assist pedestrian crossings,
and 3) widening on the south side of Tank Farm to provide a slip lane for right turning traffic. The
City should consider incorporating this improvement into the AASP Fee program.
— Mitigation Measure TRANS-15c. The City shall review the cross sections for improvements to
Tank Farm Road/Horizon Lane intersection as proposed within AASP to ensure long-term
geometrics meet the objectives of the General Plan. The Applicant shall pay its fair share mitigation
fees to fund the installation of an additional northbound right-turn lane or a roundabout at the Tank
Farm Road/Horizon Lane intersection. The City should consider incorporating this improvement
into the AASP fee program.
— Mitigation Measure TRANS-15d. The Applicant shall pay fair share mitigation fees to fund the
installation of a traffic signal or a single-lane roundabout at the Buckley Road/Vachell Lane
intersection. While not required, this work may be implemented as part of the Buckley Road
extension being installed as part of Phase 2 of the Project. The City should consider incorporating
this improvement into the AASP fee program.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into, the
MPA to avoid or lessen to a less than significant level the cumulatively significant environmental
effects identified in the Final EIR. The above measures would ensure that study intersections
continue to operate at acceptable levels. Therefore, impacts to roadways under the cumulative plus
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
73
Project conditions for Tank Farm Road/South Higuera Street, Tank Farm Road/Horizon Lane, and
Buckley Road/Vachell Lane would be less than significant after mitigation.
K. UTILITIES
1. Impact UT-2: The MPA would require the expansion of utility infrastructure to serve new
development, including water, sewer, gas and electricity into the site; the construction of which could
cause environmental effects. (Refer to page 5-75 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required.
— Mitigation Measure UT-2. The size, location, and alignment of all on- and offsite water,
wastewater, and energy infrastructure offsite shall be subject to review and approval by the City’s
Public Works and Utilities Departments. The Applicant shall be responsible for constructing all
required onsite and offsite utility improvements and well as for repaving of damaged roadways.
— Mitigation Measure AQ-1a. A Construction Activity Management Plan (CAMP) shall be included
as part of Project grading and building plans and shall be submitted to the APCD and to the City
for review and approval prior to the start of construction. In addition, the contractor or builder shall
designate a person or persons to monitor the dust control program and to order increased watering,
as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone of such persons shall be
provided to the APCD prior to land use clearance for map recordation and grading. The plan shall
include but not be limited to the following elements:
1. A Dust Control Management Plan that encompasses the following dust control measures:
• Reduce the amount of disturbed area where possible;
• Water trucks or sprinkler trucks shall be used during construction to keep all areas
of vehicle movement damp enough to prevent dust from leaving the site. At a
minimum, this would require twice-daily applications. All dirt stock pile areas
should be sprayed daily as needed. Increased watering frequency would be
required when wind speeds exceed 15 miles per hour (mph). Reclaimed water or
the onsite water well (non-potable) shall be used when possible. 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 should 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 native grass seed
and watered until vegetation is established;
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the APCD;
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
74
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard 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 should 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 control 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 holiday
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior
to the start of any grading, earthwork or demolition.
2. Implementation of the following BACT for diesel-fueled construction equipment, where
feasible. The BACT measures shall include:
• Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;
• Repowering equipment with the cleanest engines available; and
• Installing California Verified Diesel Emission Control Strategies.
3. Implementation of the following standard air quality measures to minimize diesel
emissions:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel-powered equipment with CARB-certified
motor vehicle diesel fuel (non-taxed version suitable for use off-road).
• Use on-road heavy-duty trucks that meet the CARB’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- and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers
and operators of the five-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors in not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
75
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and,
• Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
4. Tabulation of on- and off-road construction equipment (age, horse-power, and miles and/or
hours of operation);
5. Schedule construction truck trips during non-peak hours (as determined by the Public
Works Director) to reduce peak hour emissions;
6. Limit the length of the construction work-day period; and
7. Phase construction activities, if appropriate.
— Mitigation Measure AQ-1b. 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, such as Benjamin Moore
Natura Paint (Odorless, Zero VOC Paint). The Applicant or builder shall implement additional
measures to reduce daily and quarterly ROG and NOx levels related to architectural coatings to the
extent determined feasible by the City and APCD, such as extending coating applications by
limiting daily coating activities.
— Mitigation Measure AQ-1c. In order to further reduce Project air quality impacts, an offsite
mitigation strategy shall be developed and agreed upon by the developer, City, and APCD at least
three months prior to the issuance of grading permits, including added funding for circulation
improvements and transit operations. Such funding may be in the form of cash payment or included
as part of the obligation of the Community Facilities District. The Applicant shall provide this
funding at least two months prior to the start of construction to help facilitate emission offsets that
are as real-time as possible. Offsite mitigation strategies shall include one or more of the following:
• Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit buses;
• Purchase VDECs for transit buses; and
• Fund expansion of existing SLORTA transit services.
— Mitigation Measure BIO-1a. The Applicant shall prepare and implement a Biological Mitigation
Plan that identifies construction-related staging and maintenance areas and includes Project-
specific construction best management practices (BMPs) to avoid or minimize impacts to biological
resources, including all measures needed to protect riparian woodland along Tank Farm Creek,
minimize erosion, and retain sediment on the Project site. Such BMPs shall include (but not be
limited to) the following:
12. Construction equipment and vehicles shall be stored at least 100 feet away from Tank Farm
Creek and adjacent riparian habitat, and all construction vehicle maintenance shall be
performed in a designated offsite vehicle storage and maintenance area.
13. Prior to construction activities adjacent to Tank Farm Creek, the creek 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, whichever is further from the creek,
and shall be maintained throughout the construction period for each phase of development.
14. In the event that construction must occur within the creek or 20-foot 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.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
76
15. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever
is sooner) 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
creek banks.
16. Construction equipment shall be inspected at the beginning of each work day to ensure that
no wildlife species is residing within any construction equipment (e.g., species have not
climbed into wheel wells, engine compartments, or under tracks since the equipment was
last parked). Any sensitive wildlife species found during inspections shall be gently
encouraged to leave the Project site by a qualified biologist or otherwise trained and City-
approved personnel.
17. Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should 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).
18. All trash and construction debris shall be picked up and properly disposed at the end of
each day and waste dumpsters shall be covered with plastic sheeting at the end of each
workday and during storm events. All sheeting shall be carefully secured to withst and
weather conditions.
19. The Applicant shall implement erosion control measures designed to minimize erosion and
retain sediment on the Project site. Such measures shall include installation of silt fencing,
straw waddles, or other acceptable erosion control devices along the perimeter of Tank
Farm Creek and at the perimeter of all cut or fill slopes. All drainage shall be directed to
sediment basins designed to retain all sediment onsite.
20. Concrete truck and tool washout should occur in a designated location such that no runoff
will reach the creek.
21. All open trenches shall be constructed with appropriate exit ramps to allow species that
incidentally fall into a trench to escape. All open trenches shall be inspected at the
beginning of each work day to ensure that no wildlife species is present. Any sensitive
wildlife species found during inspections shall be gently encouraged to leave the Project
site by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
22. Existing facilities and disturbed areas shall be used to the maximum extent possible to
minimize the amount of disturbance of undeveloped areas and all construction access roads
and staging areas shall be located to avoid high quality habitat and minimize habitat
fragmentation.
— Mitigation Measure BIO-1b. The Applicant shall retain a qualified Environmental Monitor,
subject to review and approval by the City and in consultation with CDFW, RWQCB, and USFWS
to oversee compliance of the construction activities with the Biological Monitoring Plan and
applicable laws, regulations, and policies. The Environmental Monitor shall monitor all
construction activities, conduct a biological resources education program for all construction
workers prior to the initiation of any clearing or construction activities, and provide quarterly
reports to the City regarding construction activities, enforcement issues and remedial measures.
The Environmental Monitor shall be responsible for conducting inspections of the work area each
work day to ensure that excavation areas, restored habitats, and open water habitats in the area do
not have oil sheen, liquid oil, or any other potential exposure risk to wildlife. If any exposure ri sk
is identified, the Environmental Monitor shall implement measures that could include, but are not
limited to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, a CDFW-approved biologist shall be present during all construction occurring within
50 feet of Tank Farm Creek, riparian habitat, drainages, and seasonal or permanent wetlands. The
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
77
biologist shall also conduct sensitive species surveys immediately prior to construction activities
(within the appropriate season) and shall monitor construction activities in the vicinity of habitats
to be avoided (see also, MM BIO-3 and all subparts below).
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Monitor on a daily basis. The biologist and/or Environmental Monitor shall inspect
construction and sediment control fencing each work day during construction activities to ensure
that sensitive species are not exposed to hazards. Any vegetation clearing activities shall be
monitored by the biologist and/or Environmental Monitor.
— Mitigation Measure BIO-2a. Project designs shall be modified to realign the Tank Farm Class I
bicycle path and relocate manufactured slopes for housing pads in order to create a minimum of a
35-foot creek setback from either the top of the bank of Tank Farm Creek or edge of riparian habitat,
whichever is further, for at least 90 percent of corridor length. No more than 10 percent of the
length of the corridor (700 linear feet) shall have a setback of less than 35 feet, but at least 20 feet
from the top of the bank or edge of riparian canopy, whichever is further. However, in any instance
the creek setback shall be no less than 20 feet from the edge of riparian canopy or top of bank,
whichever is further, consistent with Section 17.16.025 of the City of San Luis Obispo Zoning
Regulations.
— Mitigation Measure BIO-2b. The Biological Mitigation Plan shall provide details on timing and
implementation of required habitat restoration and shall be prepared in consultation with the City’s
Natural Resource Manager and CDFW. A copy of the final plan shall be submitted to the City for
review and approval. The plan shall be implemented by the Project Applicant, under supervision
by the City and Environmental Monitor, and:
27. Characterize the type, species composition, spatial extent, and ecological functions and
values of the wetland and riparian habitat that will be removed, lost, or damaged.
28. Describe the approach that will be used to replace the wetland and riparian habitat removed,
lost, or adversely impacted by the Project, including a list of the soil, plants, and other
materials that will be necessary for successful habitat replacement, and a description of
planting methods, location, spacing, erosion protection, and irrigation measures that will
be needed. Restoration and habitat enhancement shall include use of appropriate native
species and correction of bank stabilization issues. Wetland restoration or enhancement
areas shall be designed to facilitate establishment of wetland plants such as willows,
cottonwoods, rushes, and creeping wild rye.
29. Describe the habitat restoration ratio to be used in calculating the acreage of habitat to be
planted, consistent with MM BIO-2c through BIO-2e below and the findings in the
Biological Report (Appendix I).
30. Describe the program that will be used for monitoring the effectiveness and success of the
habitat replacement approach.
31. Describe how the habitat replacement approach will be supplemented or modified if the
monitoring program indicates that the current approach is not effective or successful.
32. Describe the criteria that will be used to evaluate the effectiveness and success of the
habitat replacement approach.
33. Indicate the timing and schedule for the planting of replacement habitat.
34. Habitat restoration or enhancement areas shall be established within the Project boundaries,
adjacent to and contiguous with existing wetlands to the maximum extent pos sible.
Habitats suitable for Congdon’s tarplant and other native wetland species shall be created
onsite. If Congdon’s tarplant is found in areas proposed for disturbance, the affected
individuals shall be replaced at a 1:1 ratio through seeding in a suitable conserved natural
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
78
open space area. A management plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species.
35. Habitat restoration or enhancement sites shall be placed within deed-restricted area(s), and
shall be maintained and monitored for a minimum of five years. If sufficient onsite
mitigation area is not practicable, an offsite mitigation plan shall be prepared as part of the
Biological Mitigation Plan and approved by permitting agencies.
36. The Biological Mitigation Plan shall identify appropriate restoration and enhancement
activities to compensate for impacts to seasonal creek, wetland, and riparian habitat,
including a detailed planting plan and maintenance plans using locally obtained native
species and include habitat enhancement to support native wildlife and plant species.
37. A weed management plan and weed identification list shall be included in the Biological
Mitigation Plan.
38. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Phase completion and quarterly thereafter. Maintenance shall include
eradication of noxious weeds found on California Department of Food and Agriculture
Lists (CDFA) A and B. Noxious weeds on CDFA list C may be eradicated or otherwise
managed.
39. Mitigation implementation and success shall be monitored quarterly for the first two years
after completion of each Phase, semi-annually during the third year, and annually the fourth
and fifth years. Annual reports documenting site inspections and site recovery status shall
be prepared and sent to the County and appropriate agencies.
— Mitigation Measure BIO-2c. Within the required Biological Mitigation Plan, all temporary and
permanent impacts to riparian trees, wetlands, and riparian habitat shall be mitigated, as follows:
16. Temporary impacts to wetland and riparian habitat shall be mitigated at a minimum 1:1
mitigation ratio for restoration (area of restored habitat to impacted habitat).
17. Permanent impacts to state jurisdictional areas, including isolated wetlands within
agricultural lands and riparian habitat will be mitigated at a 1.5:1 ratio (area of restored and
enhanced habitat to impacted habitat).
18. Permanent impacts to federal wetlands shall be mitigated at a minimum 3:1 ratio (1:1 area
of created to impacted habitat plus 2:1 area of created/enhanced habitat to impacted
habitat).
19. 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: removed). Trees measured at 24
inches or greater 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). Permanent impacts to riparian vegetation shall be mitigated
at a 3:1 ratio to ensure no net loss of acreage and individual plants.
20. Replacement trees shall 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. Replacement plants shall be monitored 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.
— Mitigation Measures BIO-2d. Project design shall be modified to preserve at a minimum the
southern 275 feet of the North-South Creek Segment to protect all existing mature riparian
woodland, and the proposed drainage plan shall be altered to convey remaining surface water flows
from areas to the north to this channel.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
79
— Mitigation Measure BIO-2e. To minimize impacts to riparian habitat, the Project shall stockpile
sufficient emergent vegetation (e.g., cattails) for later planting in the realigned reach of Tank Farm
Creek. Stockpiled vegetation shall be placed in earthen basins with the roots covered with moist
soil and maintained in a moist condition during construction operations.
— Mitigation Measure BIO-2g. A post-construction landscape and restoration report for each phase
shall be prepared by the Environmental Monitor based on as-built drawings and site inspections to
document the final grading, plantings, and habitat restoration activities. The report shall include as-
built plans prepared after restoration, grading, and mitigation habitat plantings are complete. The
as-built plans shall be prepared by landscape and grading contractors responsible for realignment
and restoration within Tank Farm Creek.
— Mitigation Measure BIO-2h. Project activities within Tank Farm Creek and drainage channels,
including any tree pruning or removals, any necessary erosion repairs, or culvert removals, shall be
performed when the channel is dry, planned to the satisfaction of the City Engineer and Natural
Resource Manager per City Drainage Manual Standards, and be subject to monitoring by the
Environmental Monitor. Upon removal of the existing steel culvert currently used for farm access
across Tank Farm Creek, the channel shall be restored to match conditions immediately upstream
and downstream including channel width, gradient, and vegetation.
— Mitigation Measure BIO-2i. To reduce erosion and runoff from all exposed soils, all bare disturbed
soils shall be hydroseeded at the completion of grading for each construction phase. The seed mix
shall contain a minimum of three locally native grass species and may contain one or two sterile
non-native grasses not to exceed 25 percent of the total seed mix by count. Seeding shall be
completed no later than November 15 of the year in which Project activities occurred. All exposed
areas where seeding is considered unsuccessful after 90 days shall receive a second application or
seeding, straw, or mulch as soon as is practical to reduce erosion.
— Mitigation Measure BIO-2j. The Tank Farm Creek Class I bicycle path bridge footings for creek
crossings shall be placed outside mapped riparian areas and outside the top of the bank of the
channel invert. The Class I bridges shall be located within areas that have little to no riparian
vegetation. No construction activities or equipment shall occur in the stream channel. Th e
placement of the bridge and footings shall be indicated on the Development Plan, VTM, and
Biological Mitigation Plan, and shall show the bridges’ placement in relation to existing vegetation
and the creek channel and banks.
— Mitigation Measure BIO-3a. The City-approved qualified biologist shall conduct training to all
construction personnel to familiarize construction crews with sensitive species that have the
potential to occur within the Project site. This may include but is not limited to: California r ed-
legged frog, western pond turtle, Steelhead trout, bats, migratory birds, and Congdon’s tarplant.
The educational program shall include a description what constitutes take, penalties for take, and
the guidelines that would be followed by all construction personnel to avoid take of species during
construction activities. Descriptions of the California red-legged frog and its habits, Congdon’s
tarplant, nesting and migratory birds that may be encountered, and all other sensitive species that
have a potential to occur within the vicinity of Project construction shall be provided. The
construction crew foreman shall be responsible for ensuring that crew members comply with the
guidelines and that all new personnel receive the training before partaking in construction activities.
— Mitigation Measure BIO-3b. The Biological Mitigation Plan shall address wildlife and special
status species movement as follows:
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
80
• Migratory and Nesting Bird Management. Grading and construction activities shall
avoid the breeding season (typically assumed to be from February 15 to August 15) to the
extent practicable, particularly within 50 feet of Tank Farm Creek and riparian or wetland
habitat. If Project activities must be conducted during this period, pre-construction nesting
bird surveys shall take place within one week of habitat disturbance associated with each
phase, and if active nests are located, the following shall be implemented:
• Construction activities within 50 feet of active nests shall be restricted until chicks have
fledged, unless the nest belongs to a raptor, in which case a 200-foot activity restriction
buffer shall be observed.
• A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of the
buffer zone and make recommendations on additional monitoring requirements. A map of
the Project site and nest locations shall be included with the report.
• The Project biologist conducting the nesting survey shall have the a uthority to reduce or
increase the recommended buffer depending upon site conditions and the species involved.
A report of findings and recommendations for bird protection shall be submitted to the City
prior to vegetation removal.
• Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH), a survey shall be conducted by a CDFW-approved qualified biologist to
determine if any tree proposed for removal or trimming harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed. If a non-maternal roost
is found, the qualified biologist 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 shall have similar cavities or crevices to those which are removed,
including access, ventilation, dimensions, height above ground, and thermal conditions. If
a bat colony is excluded from the Project site, appropriate alternate bat habitat shall be
installed in the Project site. To the extent practicable, alternate bat house installation shall
be installed near the onsite drainage.
• Congdon’s Tarplant Management. Prior to initiation of construction, the Applicant shall
fund a site survey for Congdon’s tarplant, and:
• If Congdon’s tarplant is found in areas proposed for building, the affected individuals shall
be replaced at a 1:1 ratio through seeding in a suitable conserved natural open space area.
• A mitigation and monitoring plan for the species shall be developed consistent with
applicable scientific literature pertinent to this species. The plan shall provide for the
annual success over an area of at least 1,330 square feet with approximately 500-750
individuals (the current aerial extent) and be implemented to reduce impacts to Congdon’s
tarplant to a less than significant level.
• The mitigation plan shall be incorporated into the Biological Mitigation Plan, wherein
wetland sites shall be created and Congdon’s tarplant seeds from the site shall be
reintroduced.
• Sensitive Species Management. Injury or mortality to the California red-legged frog,
western pond turtle, and steelhead shall be avoided. The plan shall include the following
measures: pre-Project surveys; worker awareness; cessation of work in occupied areas;
relocation (if necessary) of frogs, turtles, and steelhead from the work area by a
professional biologist authorized by the USFWS and/or CDFW; and monitoring by a
qualified biologist during construction. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction. Any
other sensitive species observed during the pre-construction surveys shall be relocated out
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
81
of harm’s way by the qualified biologist into the nearest suitable habitat as determined in
consultation with the jurisdictional resource agency outside the disturbance area.
— Mitigation Measure BIO-3c. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, and seasonal wetlands, the Project site shall be surveyed for California red-
legged frogs by a qualified biologist. If any California red-legged frogs are found, work within 25
linear feet in any direction of the frog shall not start until the frog has been moved from th e area.
The USFWS shall be consulted for appropriate action; the Applicant shall obtain a Biological
Opinion from the USFWS and any additional authorization required by other regulatory agencies
prior to the commencement of work. The USFWS-qualified biologist, Environmental Monitor, or
USFWS personnel may determine that frog-exclusion fencing is necessary to prevent overland
movement of frogs if concerns arise that frogs could enter construction areas. Frog-exclusion
fencing should contain no gaps and must extend at least 18 inches above ground; fences may be
opened during periods of no construction (e.g., weekends) to prevent entrapment.
— Mitigation Measure BIO-3d. Within 48 hours prior to construction activities within 50 feet of Tank
Farm Creek, drainages, seasonal wetlands, and riparian habitat, the Project site shall be surveyed
for western pond turtles by a qualified biologist. If any western pond turtles are found, work shall
cease until the turtle is relocated to the nearest suitable habitat. The qualified biologist shall monitor
all ground-breaking work conducted within 50 feet of western pond turtle habitat. The City-
approved biologist Environmental Monitor may determine that silt fencing shall be installed
adjacent to western pond turtle habitat if concerns arise that the western pond turtle overland
movement could allow them to access construction areas.
— Mitigation Measure BIO-6. All work in and within 100 feet of Tank Farm Creek, including work
within the creek setback, shall occur outside the rainy season (April 15 to October 15, unless
approved otherwise by RWQCB), during periods when the creek channel is dry and water flows
are absent.
— Mitigation Measure CR-2a. Data recovery through controlled grading of CA-SLO-2798/H shall
occur prior to the start of construction to seek buried features and additional diagnostic artifacts.
The Applicant shall retain a Registered Professional Archaeologist familiar with the types of
historic and prehistoric resources that could be encountered within the Project site and a Native
American monitor to supervise the controlled grading, which shall occur in 10-centimeter lifts to
culturally sterile sediments or maximum construction depth (whichever is reached first).
• Any formed tools exposed during grading shall be collected. If archaeological features are
exposed (including but not limited to hearths, storage pits, midden deposits, or structural
remains), the archaeologist shall temporarily redirect grading to another area, so the
features can be exposed, recorded, and sampled according to standard archaeological
procedures. Organic remains shall be dated using the radiocarbon method and the
geochemical source and hydration rim thickness of any obsidian shall be determined.
Technical analyses of plant remains, bone and shell dietary debris, and other important
materials shall also be performed.
• Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
82
— Mitigation Measure CR-2b. Following completion of controlled grading of CA-SLO-2798/H,
the Applicant shall retain a Registered Professional Archaeologist and a Native American
consultant to monitor all further earth disturbances within Phase 5 to ensure that previously
unidentified buried archaeological deposits are not inadvertently exposed and damaged. In the
event archaeological remains are encountered during grading or other earth disturbance, work in
the vicinity shall be stopped immediately and redirected to another location until the P roject
archaeologist evaluates the significance of the find pursuant to City Archaeological Resource
Preservation Program Guidelines. If remains are found to be significant, they shall be subject to
a Phase 3 mitigation program consistent with City Guidelines and funded by the Applicant.
— Mitigation Measure CR-3a. Prior to the issuance of building and grading permits for Phase 1, the
Applicant shall retain a City-approved Registered Professional Archaeologist and a Native
American monitor to be present during all ground disturbing activities within the Project site and
Buckley Road Extension site. In the event of any inadvertent discovery of prehistoric or historic-
period archaeological resources during construction, all work within 50 feet of the discovery shall
immediately cease (or greater or lesser distance as needed to protect the discovery and determined
in the field by the Project archaeologist). The Applicant shall immediately notify the City of San
Luis Obispo Community Development Department. The Project archaeologist shall evaluate the
significance of the discovery pursuant to City Archaeological Resource Preservation Program
Guidelines prior to resuming any activities that could impact the site/discovery. If the Project
archaeologist determines that the find may qualify for listing in the CRHR, the site shall be avoided
or shall be subject to a Phase 3 mitigation program consistent with City Guidelines and funded by
the Applicant. Work shall not resume until authorization is received from the City.
— Mitigation Measure CR-3b. Prior to construction, workers shall receive education regarding the
recognition of possible buried cultural remains and protection of all cultural resources, including
prehistoric and historic resources, during construction. Such training shall provide construction
personnel with direction regarding the procedures to be followed in the unlikely event that
previously unidentified archaeological materials, including Native American burials, are
discovered during construction. Training would also inform construction personnel that
unauthorized collection or disturbance of artifacts or other cultural materials is not allowed. The
training shall be prepared by the Project archaeologist and shall provide a description of the cultural
resources that may be encountered in the Project site, outline steps to follow in the event that a
discovery is made, and provide contact information for the Project archaeologist, Native American
monitor, and appropriate City personnel. The training shall be conducted concurrent with other
environmental or safety awareness and education programs for the Project, provided that the
program elements pertaining to archaeological resources is provided by a qualified instructor
meeting applicable professional qualifications standards.
— Mitigation Measure HAZ-1. Prior to earthwork and demolition activities, a site-specific Health
and Safety Plan shall be developed per California Occupational Safety and Health Administration
(Cal/OSHA) requirements. The Health and Safety Plan shall include appropriate best management
practices (BMPs) related to the treatment, handling, and disposal of NOA and ACMs. A NOA
Construction and Grading Project Form shall be submitted to the APCD prior to grading activities.
All construction employees that have the potential to come into contact with contaminated building
materials and soil/bedrock shall be briefed on the safety plan, including required proper training
and use of personal protective equipment. During earthwork and demolition activities, procedures
shall be followed to eliminate or minimize construction worker or general public exposure to heavy
hydrocarbons and other potential contaminants in soil and groundwater, and potential ACMs within
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
83
potential demolished materials. Procedures shall include efforts to control fugitive dust, contain
and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization,
segregation of contaminated soil from uncontaminated soil, and demolished materials. The
applicable regulations associated with excavation, removal, transportation, and disposal of
contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting).
— Mitigation Measure HYD-1a. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading, or excavation, the Applicant shall submit a Notice of
Intent (NOI) for discharge from the Project site to the California SWRCB Storm Water Permit Unit.
— Mitigation Measure HYD-1b. The Applicant shall require the building contractor to prepare and
submit a Storm Water Pollution Prevention Plan (SWPPP) to the City 45 days prior to the start of
work for approval. The contractor is responsible for understanding the State General Permit and
instituting the SWPPP during construction. A SWPPP for site construction shall be developed prior
to the initiation of grading and implemented for all construction activity on the Project site in excess
of one (1) acre, or where the area of disturbance is less than one acre but is part of the Project’s
plan of development that in total disturbs one or more acres. The SWPPP shall identify potential
pollutant sources that may affect the quality of discharges to storm water, and shall include specific
BMPs to control the discharge of material from the site. The following BMP methods shall include,
but would not be limited to:
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets,
silt fencing, and soil stabilizers shall be used.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion and
sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
• Additional BMPs shall be implemented for any fuel storage or fuel handling that could
occur onsite during construction. The SWPPP must be prepared in accordance with the
guidelines adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for
the site.
— Mitigation Measure HYD-1c. Installation of the eight drainage outlets within Tank Farm Creek
shall occur within the dry season (May through October).
— Mitigation Measure HYD-4a. A site-specific, geotechnical investigation shall be completed in
areas proposed for HDD. Preliminary geotechnical borings shall be drilled to verify that the
proposed depth of HDD is appropriate to avoid frac-outs (i.e., the depth of finest grained sediments
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
84
and least fractures) and to determine appropriate HDD methods (i.e., appropriate drilling mud
mixtures for specific types of sediments). The investigation shall include results from at least three
borings, a geologic cross section, a discussion of drilling conditions, and a history and
recommendations to prevent frac-outs.
— Mitigation Measure HYD-4b. A Frac-out Contingency Plan shall be completed and shall include
measures for training, monitoring, worst case scenario evaluation, equipment and materials, agency
notification and prevention, containment, clean up, and disposal of released drilling muds.
Preventative measures would include incorporation of the recommendations of the geotech nical
investigation to determine the most appropriate HDD depth and drilling mud mixture. In
accordance with the RWQCB, HDD operations shall occur for non-perennial streams such as Tank
Farm Creek only when the stream is dry, and only during daylight hours . In addition, drilling
pressures shall be closely monitored so that they do not exceed those needed to penetrate the
formation. Monitoring by a minimum of two City-approved monitors (located both upstream and
downstream, who will move enough to monitor the entire area of operations) shall occur throughout
drilling operations to ensure swift response in the event of a frac -out, while containment shall be
accomplished through construction of temporary berms/dikes and use of silt fences, straw bales,
absorbent pads, straw wattles, and plastic sheeting. Clean up shall be accomplished with plastic
pails, shovels, portable pumps, and vacuum trucks. The Frac-out Contingency Plan shall be
submitted to the City, and the RWQCB shall review the plan.
— Mitigation Measure NO-1a. 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, as
shown in Table 3.9-8 and Table 3.9-9, across a residential or commercial property line.
— Mitigation Measure NO-1b. For all construction activity at the Project site, noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed 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 a barrier that meets 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.
• 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.
— Mitigation Measure NO-1c. The contractor shall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise complaint
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
85
procedures to minimize potential annoyance related to construction noise. Noise-related complaints
shall be directed to the City’s Community Development Department.
— Mitigation Measure TRANS-1. The Applicant shall prepare a Construction Transportation
Management Plan for all phases of the proposed Project for review and approval by the City prior
to issuance of grading or building permits to address and manage traffic during construction. The
Plan shall be designed to:
• Prevent traffic impacts on the surrounding roadway network;
• Restrict construction staging to within the Project site;
• Minimize parking impacts both to public parking and access to private parking to
the greatest extent practicable;
• Ensure safety for both those construction vehicles and works and the surrounding
community; and
• Prevent substantial truck traffic through residential neighborhoods.
• The Construction Transportation Management Plan shall be subject to review and approval
by the Public Works Director to ensure that the Plan has been designed in accordance with
this mitigation measure. This review shall occur prior to issuance of grading or building
permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane
configurations; warning, regulatory, guide, and directional signage; and area
sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific
information regarding the Project’s construction activities that may disrupt normal
pedestrian and traffic flow and the measures to address these disruptions. Such
Plan shall be reviewed and approved by the Community Development Department
and implemented in accordance with this approval.
• Work within the public right-of-way shall be reviewed and approved by the City
on a case by case basis based on the magnitude and type of construction activity.
Generally, work shall be performed between 8:30 AM and 4:00 PM. This work
includes dirt hauling and construction material delivery. Work within the public
right-of-way outside of these hours shall only be allowed after the issuance of an
after-hours construction permit administered by the Building and Safety Division.
Additionally, restrictions may be put in place by Public Works Department
depending on particular construction activities and conditions.
• Streets and equipment shall be cleaned in accordance with established Public
Works requirements.
• Trucks shall only travel on a City-approved construction route. Limited queuing
may occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be onsite, with a minimum amount of materials within
a work area in the public right-of-way, subject to a current Use of Public Property
Permit.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
86
• Provision of off-street parking for construction workers, which may include the
use of a remote location with shuttle transport to the site, if determined necessary
by the City.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
• The traveling public shall be advised of impending construction activities that may
substantially affect key roadways or other facilities (e.g., information signs,
portable message signs, media listing/notification, and implementation of an
approved Construction Impact Mitigation Plan).
• A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize
Load Permit, as well as any Caltrans permits required for any construction work
requiring encroachment into public rights-of-way, detours, or any other work
within the public right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected
agencies (e.g., Police Department, Fire Department, Public Works Department,
and Community Development Department) and to all owners and residential and
commercial tenants of property within a radius of ¼ mile.
• Construction work shall be coordinated with affected agencies in advance of start
of work. Approvals may take up to two weeks per each submittal.
• Public Works Department approval of any haul routes for construction materials
and equipment deliveries shall be obtained.
b. Finding: 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. Implementation of mitigation measure MM UT-2, as well as
construction-related mitigation measures for air quality, biological resources, cultural resources,
hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic,
would ensure that installation of utility lines does not result in the exceedance of environmental
thresholds.
SECTION 7. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL
EFFECTS OF THE PROPOSED MITIGATED PROJECT ALTERNATIVE
FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE
The findings below are for impacts that would result in potentially significant effects on the natural or
human environment that could not be lessened to a less than significant level through changes or
alternations in the project or implementation of mitigation measures. To approve a project resulting in
significant and unavoidable 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...".
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:
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
87
• 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. The impacts identified in this section are considered in the same sequence in
which they appear in the EIR. 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.
A. AGRICULTURAL RESOURCES
1. Impact AG-1: The proposed Project would impact agricultural land within the Project site and offsite
Buckley Road Extension with the direct conversion of historically cultivated farmland to urban
development. (Refer to page 5-45 of the Final EIR.)
a. Mitigation: The incorporation of the following mitigation measure is required to ensure the
Project’s consistency with policies of the City General Plan Land Use Element and Conservation
and Open Space Element, which require the acquisition and conservation of an equivalent area of
prime farmland soils offsite that would be converted from non-agricultural use with development
of the Project site:
— Mitigation Measure AG-1. The Applicant shall establish an offsite agricultural conservation
easement or pay in-lieu fees to a City designated fund dedicated to acquiring and preserving
agricultural land. While the City’s priority is that such agricultural land be acquired in the closest
feasible proximity to the City, mitigation may be implemented using one of the following options:
m. The Applicant shall ensure permanent protection of farmland of equal area and quality,
which does not already have permanent protection, within the City of San Luis Obispo,
consistent with City Policy 8.6.3(C) and AASP Policy 3.2.18. The Applicant shall identify
and purchase or place in a conservation easement a parcel of land of at least 71 acres of
equal quality farmland, or provide in-lieu fees to allow the City to complete such an
acquisition.
n. If no suitable parcel exists within the City limits, the Applicant shall identify and purchase
or place in a conservation easement a parcel of farmland, of equal quantity and quality,
within the City’s Sphere of Influence that is threatened by development of nonagricultural
uses. The parcel shall be placed in an agricultural conservation easement (refer to Figure 2
in the Land Use Element for City Sphere of Influence). The Applicant may also provide
in-lieu fees to allow the City to complete such an acquisition.
o. In the event that no suitable land is available within the City limits or City’s Sphere of
Influence, the Applicant shall identify and purchase or place in a conservation easement a
parcel of farmland, of equal quantity and quality, within the City’s urban reserve or
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
88
greenbelt that is threatened by development of nonagricultural uses. This parcel shall be
placed in an agricultural conservation easement (refer to Figure 1 in the Land Use Element
for City Planning Area). The Applicant may also provide in-lieu fees to allow the City to
complete such an acquisition.
p. In the event that no suitable land for an agricultural conservation easement is available for
purchase within the City limits, the City’s Sphere of Influence, or urban reserve or
greenbelt Planning Area, the Applicant shall identify and purchase or place in a
conservation easement a parcel of farmland, of equal quantity and quality, within County
lands (e.g., agricultural lands north and south of Buckley Road) that is considered to be
threatened by the conversion to nonagricultural use. This parcel shall be placed in an
agricultural conservation easement. The Applicant may also provide in-lieu fees to allow
the City to complete such an acquisition. The Applicant shall demonstrate that such land is
as close in proximity to the City as feasible.
b. Finding: The City finds that while implementation of Mitigation Measure AG-1 would ensure the
MPA is consistent with adopted policies of the City General Plan, the irreversible conversion or
loss of prime farmland soils for non-agricultural use through development of the Project would
result in significant effects to agricultural resources, as these lost soils could not be replaced or
recreated. Therefore, impacts would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 9.
2. Cumulative Agricultural Resources Impacts: The MPA, and other cumulative development, is
subject to adopted policies of the City General Plan and AASP relating to the protection and
conservation of agricultural resources. However, cumulative development would continue to result in
the irreversible loss of agricultural land and important agricultural soils. Cumulative effects under the
MPA would be similar to those of the Project as described on page 3.2-28 of the Final EIR.
a. Mitigation: No other feasible mitigation is available that would result in the replacement or
recreation of prime farmland soils and other important agricultural resources.
b. Finding: The City finds that cumulative development would continue to result in the irreversible
loss or conversion of agricultural resources. However, no feasible mitigation is available for
cumulative impacts to agricultural resources, and impacts would remain significant and
unavoidable. A statement of overriding considerations for this impact is made in Section 9.
B. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-1: The MPA would result in potentially significant construction-related air quality impacts
from dust and air pollutant emissions generated by grading and construction equipment operation.
(Refer to page 3.3-22 of the Final EIR.)
a. Mitigation: The following mitigation measures are required by the San Luis Obispo APCD to
reduce project construction ROG and NOX and DPM and recommended to improve consistency
with the Clean Air Plan (CAP).
— Mitigation Measure AQ-1a. A Construction Activity Management Plan (CAMP) shall be included
as part of Project grading and building plans and shall be submitted to the APCD and to the City
for review and approval prior to the start of construction. In addition, the contractor or builder shall
designate a person or persons to monitor the dust control program and to order increased watering,
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
89
as necessary, 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 of such persons shall be
provided to the APCD prior to land use clearance for map recordation and grading. The plan shall
include but not be limited to the following elements:
8. A Dust Control Management Plan that encompasses the following dust control measures:
• Reduce the amount of disturbed area where possible;
• Water trucks or sprinkler trucks shall be used during construction to keep all areas
of vehicle movement damp enough to prevent dust from leaving the site. At a
minimum, this would require twice-daily applications. All dirt stock pile areas
should be sprayed daily as needed. Increased watering frequency would be
required when wind speeds exceed 15 miles per hour (mph). Reclaimed water or
the onsite water well (non-potable) shall be used when possible. 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 should 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 native grass seed
and watered until vegetation is established;
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the APCD;
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard 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 should 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 control 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 holiday
and weekend periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior
to the start of any grading, earthwork or demolition.
9. Implementation of the following BACT for diesel-fueled construction equipment, where
feasible. The BACT measures shall include:
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
90
• Use of Tier 3 and Tier 4 off-road equipment and 2010 on-road compliant engines;
• Repowering equipment with the cleanest engines available; and
• Installing California Verified Diesel Emission Control Strategies.
10. Implementation of the following standard air quality measures to minimize diesel
emissions:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel-powered equipment with CARB-certified
motor vehicle diesel fuel (non-taxed version suitable for use off-road).
• Use on-road heavy-duty trucks that meet the CARB’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- and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers
and operators of the five-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors in not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and,
• Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
11. Tabulation of on- and off-road construction equipment (age, horse-power, and miles and/or
hours of operation);
12. Schedule construction truck trips during non-peak hours (as determined by the Public
Works Director) to reduce peak hour emissions;
13. Limit the length of the construction work-day period; and
14. Phase construction activities, if appropriate.
— Mitigation Measure AQ-1b. 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, such as Benjamin Moore
Natura Paint (Odorless, Zero VOC Paint). The Applicant or builder shall implement additional
measures to reduce daily and quarterly ROG and NOx levels related to architectural coatings to the
extent determined feasible by the City and APCD, such as extending coating applications by
limiting daily coating activities.
— Mitigation Measure AQ-1c. In order to further reduce Project air quality impacts, an offsite
mitigation strategy shall be developed and agreed upon by the developer, City, and APCD at least
three months prior to the issuance of grading permits, including added funding for circulation
improvements and transit operations. Such funding may be in the form of cash payment or included
as part of the obligation of the Community Facilities District. The Applicant shall provide this
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
91
funding at least two months prior to the start of construction to help facilitate emission offsets that
are as real-time as possible. Offsite mitigation strategies shall include one or more of the following:
• Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit buses;
• Purchase VDECs for transit buses; and
• Fund expansion of existing SLORTA transit services.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measures AQ-1a through 1c are feasible and have been adopted. However, no additional
mitigation is available that would reduce the project’s anticipated construction emissions below
established APCD Tier 1 Quarterly Thresholds. Therefore, impacts related to project construction
emissions are significant and unavoidable. A statement of overriding considerations for this impact
is made in Section 9.
2. Impact AQ-2. The MPA would result in significant long-term operation-related air quality impacts
generated by area, energy, and mobile emissions. (Refer to page 5-48 of the Final EIR.)
a. Mitigation: The following mitigation measures are required by the San Luis Obispo APCD to
reduce project operational emissions.
— Mitigation Measure AQ-2a. The Applicant shall include the following:
• Water Conservation Strategy: The Applicant shall install fixtures with the EPA WaterSense
Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed
spray irrigation on all plants other than turf, also including the EPA WaterSense Label,
achieving 15 percent reduction in outdoor landscaping.
• Solid Waste: The Applicant shall institute recycling and composting services to achieve a
15 percent reduction in waste disposal, and use waste efficient landscaping.
• Fugitive Dust: The Applicant shall replace ground cover of at least 70 percent of a rea
disturbed in accordance with CARB Rule 403.
• Energy Conservation Strategy: The Applicant shall install additional solar and alternative
energy features (e.g., solar panels on commercial buildings; solar canopies over
commercial parking areas).
— Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the APCD,
Projects generating more than 50 lbs./day of combined ROG + NOx or PM10 shall implement all
feasible measures within Table 3-5 of the Air Quality Handbook.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measures AQ-2a and 2b are feasible and have been adopted. However, no additional
mitigation is available that would reduce the project’s anticipated operational long-term emissions
below established APCD maximum daily emissions thresholds. Therefore, impacts related to
project construction emissions are significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 9.
3. Impact AQ-5. The MPA is potentially inconsistent with the County of San Luis Obispo APCD’s 2001
Clean Air Plan. (Refer to page 5-52 of the Final EIR.)
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
92
a. Mitigation: The following mitigation measures are required to improve consistency with the CAP.
— Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the APCD,
Projects generating more than 50 lbs./day of combined ROG + NOx or PM10 shall implement all
feasible measures within Table 3-5 of the Air Quality Handbook.
— Mitigation Measure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provide to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase’s development area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install
a fair share to fund any physical improvements needed to accommodate future service to the site.
In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service
Standards.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measure AQ-2b and TRANS-12 are feasible and has been adopted. However, mitigation
is not available that would reduce projected population growth such that the project’s increase in
vehicle trips rate would be consistent with overall land use planning principles contained in the
2001 CAP. Therefore, impacts related to consistency with the 2001 CAP would remain significant
and unavoidable. A statement of overriding considerations for this impact is made in Section 9.
4. Cumulative Air Quality Impacts: As analyzed in the LUCE Update EIR, full buildout under the
LUCE would not be consistent with the 2001 Clean Air Plan. Mitigation Measure AQ-2b and
Mitigation Measure TRANS-12 would reduce the project’s contribution to this cumulative impact to
the maximum extent feasible. However, no additional mitigation is available to address cumulative air
quality impacts. As such, cumulative impacts on air quality would remain significant and unavoidable.
(Refer to page 3.3-50 of the Final EIR.)
a. Mitigation: The following mitigation measures would be required to reduce the project’s
cumulative impact to the maximum extent feasible.
— Mitigation Measure AQ-2b. Consistent with standard mitigation measures set forth by the APCD,
Projects generating more than 50 lbs./day of combined ROG + NOx or PM10 shall implement all
feasible measures within Table 3-5 of the Air Quality Handbook.
— Mitigation Measure TRANS-12. The Applicant shall coordinate with SLO Transit to ensure that
adequate service would be provide to the two proposed bus stops and Project area. The bus stops
shall be constructed by the Applicant within the respective phase’s devel opment area. To assure
adequate service is provided to the two new bus stops onsite, the Applicant shall pay for and install
a fair share to fund any physical improvements needed to accommodate future service to the site.
In addition, the proposed transit service onsite shall meet standards stated in Policy 3.1.6, Service
Standards.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measure AQ-2b and Mitigation Measure TRANS-12 are feasible and has been adopted.
However, no additional feasible mitigation is available for cumulative air quality impacts, which
would remain significant and unavoidable. A statement of overriding considerations for this impact
is made in Section 9.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
93
C. NOISE
1. Impact NO-1: Short-term construction activities would generate noise levels that would exceed
thresholds established in the City’s General Plan Noise Element and Noise Guidebook, with potential
impacts to sensitive receptors. (Refer to page 5-65 of the Final EIR.)
a. Mitigation: The following mitigation measures are required to reduce project construction -related
noise to the maximum extent feasible:
— Mitigation Measure NO-1a. 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, as
shown in Table 3.9-8 and Table 3.9-9, across a residential or commercial property line.
— Mitigation Measure NO-1b. For all construction activity at the Project site, noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed 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 a barrier that meets 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.
• 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.
— Mitigation Measure NO-1c. The contractor shall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise complaint
procedures to minimize potential annoyance related to construction noise. Noise-related complaints
shall be directed to the City’s Community Development Department.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measures NO-1a through NO-1c are feasible and have been adopted. Available
mitigation would not reduce periodic construction-noise below the applicable City standards over
the 10-year MPA construction period. Therefore, temporary noise impacts associated with on-site
construction activity would be significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 9.
D. TRANSPORTATION AND TRAFFIC
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
94
1. Impact TRANS-5: MPA-generated traffic would cause increase delays and cause exceedance of
intersection capacity at the Buckley Road/SR 227 intersection in both the AM and PM peak hours.
(Refer to page 5-72 of the Final EIR.)
a. Mitigation: The following mitigation measure is required to reduce project impacts to traffic
operations at the Buckley Road/SR 227 intersection to the maximum extent feasible.
— Mitigation Measure TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the
installation a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG
SR 227 Operations Study. The City shall collect the fair share fee and coordinate payment of Project
fair share fees to help fund improvements with the County. Alternatively, the City should consider
an amendment of the AASP impact fee program to establish a new areawide fee to help fund
improvements to the intersection to offset cumulative development impacts. If an amended AASP
fee is created by the City, it will suffice as appropriate mitigation for the Project’s participation in
these improvements.
b. Finding: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measure TRANS-5 is feasible and has been adopted. However, because improvements
to this intersection have not yet been funded or planned, the MPA would continue to contribute to
exceedance of thresholds at this intersection until such improvements are completed . A statement
of overriding considerations for this impact is made in Section 9.
2. Cumulative Impact TRANS-13. Under near-term plus Project conditions, MPA-generated traffic
would cause contribute to delays and exceedance of storage capacities at Buckley/SR 227. The Project
would also contribute to exceedance of storage capacities along Los Osos Valley Road/South Higuera
Street and contribute to road segment congestion; however, impacts to Los Osos Valley Road would
be mitigated to a less than significant level. (Refer to page 5-74 of the Final EIR.)
a. Mitigation: The following mitigation measure is required to reduce project impacts to the maximum
extent feasible.
— Mitigation Measure TRANS-5. The Applicant shall pay a pro-rata fair share fee to fund the
installation a roundabout at the Buckley Road/SR 227 intersection as identified in the SLOCOG
SR 227 Operations Study. The City shall collect the fair share fee and coordinate payment of Project
fair share fees to help fund improvements with the County. Alternatively, the City should consider
an amendment of the AASP impact fee program to establish a new areawide fee to help fund
improvements to the intersection to offset cumulative development impacts. If an amended AASP
fee is created by the City, it will suffice as appropriate mitigation for the Project’s participation in
these improvements.
— Mitigation Measure TRANS-13. The City shall amend the Citywide TIF to include a fee program
for the installation of a second southbound right-turn lane at the Los Osos Valley Road/South
Higuera Street intersection, or create a separate mitigation fee for this purpose. The Applicant shall
pay its fair share of the improvement costs through the payment of the Citywide TIF of the ad hoc
mitigation fees, as appropriate, to the City prior to issuance of building permits.
b. Findings: The City finds that specific economic, social, legal, technological, or other considerations
make the mitigation measures or project alternatives identified in the Final EIR infeasible.
Mitigation Measure TRANS-5 and TRANS-13 are feasible and have been adopted. However,
because improvements to Buckley Road/SR 227 Intersection have not yet been funded or planned,
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
95
the project would continue to contribute to exceedance of thresholds at this intersection until such
improvements are completed. A statement of overriding considerations for this impact is made in
Section 9.
SECTION 8. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
MITIGATED PROJECT ALTERNATIVE
A. INTRODUCTION
As identified in Section 7 of this document, the proposed project will cause the following significant and
unavoidable environmental impacts to occur:
• Impact AG-1: Irreversible conversion of prime farmland soils
• Cumulative Agricultural Resources Impacts
• Impact AQ-1: Exceedance of APCD construction-emissions thresholds
• Impact AQ-2: Exceedance of APCD operational-emissions thresholds
• Impact AQ-5: Inconsistency with the 2001 CAP
• Cumulative Air Quality Impacts: Cumulative inconsistencies in the 2001 CAP from buildout of the
LUCE
• Impact NO-1: Unacceptable short-term construction noise
• Impact TRANS-5: Exceedance of capacity at Buckley Road/SR 227 intersection
• Cumulative Impact TRANS-13: Exceedance of capacity at Buckley Road/SR 227 intersection
under Cumulative conditions
Because the proposed project will cause significant and unavoidable environmental impacts to occur as
identified above, the City must consider the feasibility of any environmentally superior alternatives to the
project, as proposed. The City must evaluate whether one or more of these alternatives could substantially
lessen or avoid the unavoidable significant environmental effects.
As such, the environmental superiority and feasibility of each alternative to the project is considered in this
section. Specifically, this section evaluates the effectiveness of these alternatives in reducing the significant
and unavoidable impacts of the proposed project.
B. DESCRIPTION OF THE ALTERNATIVES
The Final EIR for the project evaluates the following three alternatives to the MPA: (1) the original
Proposed Project (2); a No Project Alternative, which could result in one of two scenarios; and (3) a
Residential Plus Business Park Land Use Alternative.
1. Originally Proposed Project: Under the originally proposed project, which is the basis of the Project
Description in the Final EIR, the Avila Ranch Development Plan dated December 18, 2015 would be
adopted, including an amendment to the AASP, a rezone, and related actions to permit a mix of
residential uses (68.23 acres), neighborhood commercial (3.34 acres), and open space/park uses (71.30
acres) with construction of 720 units and 15,000 sf commercial space. In addition, the Project would
include realignment of the North-South Segment of Tank Farm Creek, burial of 600 feet of the northern
creek segment, restoration of disturbed areas, and enhancement of existing retained habitats. Key
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
96
drainage improvements would include installation of a culvert through the existing 15- to 20-foot high
berm along the Project site/Chevron Tank Farm property boundary to convey runoff water via Tank
Farm Creek to San Luis Obispo Creek.
2. Alternative 1: No Project Alternative. As required by CEQA, this EIR evaluates the environmental
consequences of not proceeding with the project. This alternative assumes that the Avila Ranch
Development Plan is not adopted and that none of the proposed entitlements are implemented. This
alternative could result in one of two scenarios: a No Development scenario (Alternative 1A); and, a
General Plan Development Alternative (Alternative 1B).
Under the No Project Alternative A, ongoing agricultural production would continue, with associated
water use, application of pesticides and herbicides and other ongoing impacts (e.g., dust generation).
Tank Farm Creek would not be restored, and no substantial new source of new automobile trips would
be generated with associated impacts to congestion, air pollutant and GHG emissions. Development of
the site would not contribute to the City’s housing supply, the potential for displacement of City
residents would increase, and a greater jobs/housing imbalance would result.
Under the No Project Alternative B, the project site would be developed in-line with the 2014 LUCE
identification of the site as a Special Focus Area – SP-4, which contains guidelines for development of
the site with between 500 and 700 residential units, along with requirements for the provision of 15,000
to 25,000 square feet of commercial space and retention of large areas of open space for agricultural
buffers, provision of parks and creek restoration. The Buckley Road Extension, as envisioned in the
updated LUCE, would occur under this alternative. Lastly, it is assumed the realignment of the North-
South Creek Segment of Tank Farm Creek would not occur.
3. Alternative 3: Residential Plus Business Park Land Use Alternative. This alternative would
combine development of the site as a residential area with development of the site as a business park
with supporting commercial development. This alternative would provide for development of a
business area, following the site’s current zoning for “BP-SP”, or Business Park – Specific Plan,
encouraging employment growth in the eastern region of the Project site. The residential component of
the alternative would allow up to 700 units, located in the western and northeastern regions of the
Project site, contained within the Airport Land Use Plan Safety Areas S-1C and S-2.
C. EFFECTIVENESS OF ALTERNATIVES IN AVOIDING SIGNIFICANT PROJECT
IMPACTS
This section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable
impacts of the proposed project.
1. Significant and Unavoidable Agricultural Resources Impacts. The MPA would result in significant
and unavoidable project-level impacts related to the permanent conversion and loss of agricultural land
and prime farmland soils. Under Alternative 1A, no development would occur, and the site would
continue to support agricultural uses; therefore, agricultural resource impacts would be s ubstantially
reduced. Under Alternative 1B, the Proposed Project, and Alternative 3, the site would be developed
and would no longer be available to support agricultural uses, resulting in the conversion or loss of
agricultural resources at a similar level; therefore, resulting in similar significant and unavoidable
impacts.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
97
2. Significant and Unavoidable Air Quality Impacts. The MPA would result in significant and
unavoidable project-level impacts related to construction emissions, operational emissions, and project-
level and cumulative impacts related to Clean Air Plan (CAP) inconsistency. Under Alternative 1A, no
development would occur, and no additional vehicle trips would be generated; therefore, air quality
impacts would be substantially reduced. Under Alternative 1B, the site would be developed with
residential and commercial uses at a slightly smaller scale than the proposed project, resulting in
negligible decreases in construction and operational emission; therefore, air quality impacts would
remain significant and unavoidable. Under the Proposed Project, construction and operation would
result in a similar level of air quality emissions; therefore, air quality impacts would remain significant
and unavoidable. Alternative 3 would result in a similar amount of residential development and a
greater amount of Neighborhood Commercial development in addition to development of a 120,000
square-foot Business Park, increasing vehicle trips to and from the site and associated vehicle miles
traveled, resulting in greater amounts of air pollutant emissions; therefore, resulting in greater
significant and unavoidable impacts.
3. Significant and Unavoidable Noise Impacts. The MPA would result in significant and unavoidable
impacts to the noise environment from the generation of construction-related noise which could exceed
established noise standards periodically over the 10-year construction period. Under Alternative 1A,
no development would occur, and the site would continue to support agricultural uses and associated
activities which generate a minor amount of noise which would be consistent with the rural agricultural
nature of the surrounding vicinity; therefore, impacts from noise would be substantially reduced.
Alternative 1B, the Proposed Project, and Alternative 3 would result in a similar degree of construction
activity on the project site. Development of the site under these alternatives would result in similar
construction schedules and associated noise-generated activities, and would therefore result in similar
significant and unavoidable impacts associated with temporary construction activity.
4. Significant and Unavoidable Transportation Impacts. The MPA would result in project-level and
cumulative transportation impacts associated with exceedances of capacity at the Buckley Road/SR
227 intersection. Under Alternative 1A, no development would occur; therefore, the significant and
unavoidable transportation impacts would be avoided. Alternative 1B would result in a similar number
of vehicle trips to and from the project site; therefore, this alternative would result in similar
transportation impacts that would remain significant and unavoidable. The Proposed Project would
include all mitigation measures identified in the EIR; however, this alternative would result in similar
significant and unavoidable impacts to Buckley Road/SR 227 intersection. Therefore, impacts are less,
but are considered similar and remain significant and unavoidable. Alternative 3 would result in a
greater amount of development and a substantial number of estimated net new ADT which would
greatly increase the potential significant and unavoidable impacts of the project; therefore, impacts to
transportation under these alternatives would greater and would remain significant and unavoidable.
D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE AND FEASIBILITY OF
PROJECT ALTERNATIVES
1. Finding: The original Proposed Project would result in similar physical environmental impacts when
compared to the MPA. With a similar level of residential and commercial development, the original
Proposed Project results in the same amount of disturbed area, resulting in similar physical impacts to
the environment. However, the original Proposed Project includes realignment of Tank Farm Creek
which would result in several significant impacts. The original Proposed Project would not reduce or
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
98
avoid any of the significant and unavoidable impacts of the MPA; however, the original Proposed
Project would meet all of the Project objectives. As a result, the City finds that the original Proposed
Project is feasible, and would satisfy all of the Project objectives, but would result in greater
environmental impacts.
2. Finding: Alternative 1A (No Development) is environmentally superior overall, since no development
would occur under the City jurisdiction. However, Alternative 1A fails to meet the City’s objectives
for the Project area as well as any of the Project objectives. As a result, the City finds that Alternative
1 would be infeasible to implement.
3. Finding: Alternative 1B (General Plan Development) would result in similar physical environmental
impacts when compared to the MPA. With a similar degree of residential and commercial development,
this alternative could have environmental effects but would likely r esult in similar significant and
unavoidable impacts associated with construction and operational air quality emissions, construction-
related noise levels, and transportation and traffic. However, this alternative would not fully meet the
objectives and goals of the Project. As a result, the City finds that Alternative 1B would not satisfy the
Project objectives.
4. Finding: Alternative 2 (Mitigated Project Alternative) would result in similar physical environmental
impacts when compared to the originally proposed Project. With a similar level of residential and
commercial development, this alternative results in the same amount of disturbed area, resulting in
similar physical impacts to the environment. However, this alternative would include several
development features which would reduce or eliminate several significant impacts of the Project,
including impacts resulting from realignment of Tank Farm Creek under the proposed Project, as the
current alignment of Tank Farm Creek would remain in place under this alternative. Alternative 2 would
not reduce or avoid any of the significant and unavoidable impacts of the proposed Project; however,
Alternative 2 would meet all of the objectives of the Project and would reduce the degree of impacts
associated with biological resources, hydrology and water quality, transportation and traffic, and
utilities, but would. As a result, the City finds that Alternative 2 is feasible, environmentally superior
to the proposed Project, and would satisfy all of the project objectives.
5. Finding: Alternative 3 (Residential Plus Business Park Land Use) would result in greater physical
environmental impacts when compared to the MPA. With a greater amount of Neighborhood
Commercial and Business Park development, this alternative results in a greater amount of disturbed
area, resulting in greater physical impacts to the environment. However, this alternative would avoid
or reduce potentially significant impacts to hydrologic and biological resources by retaining much of
the existing alignment of Tank Farm Creek. Alternative 3 would not reduce or avoid any of the
significant and unavoidable impacts of the project and would result in greater impacts to aesthetics and
visual resources, air quality, cultural resources, hazards and hazardous materials, land use and planning,
noise, transportation and traffic, and utilities. Alternative 3 would meet all of the objectives of the
project and would reduce the degree of impacts associated with biological resources and hydrology and
water quality. As a result, the City finds that Alternative 3 is environmentally superior to the Project,
but is not feasible.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
99
SECTION 9. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The Final EIR for the MPA identifies the following significant and unavoidable impacts of the MPA:
1. The MPA would result in the irreversible conversion and loss of prime farmland soils which could
not be replaced or recreated.
2. The MPA, in addition to other cumulative projects within the City, would result in the irreversible
loss of agricultural land and important agricultural soils.
3. Construction of the MPA would exceed established SLO APCD Tier 1 Quarterly thresholds for
ROG, NOX, and DPM construction vehicle exhaust.
4. Operation of the MPA would exceed established SLO APCD thresholds for operational ROG, NOX,
PM10, and DPM air pollutants.
5. The MPA would be inconsistent with the SLO APCD 2001 Clean Air Plan because it would result
in an increase in projected population growth, resulting in an increase in vehicle trips and vehicle
miles traveled, which would conflict with overall land use planning principles contained in the
2001 Clean Air Plan.
6. The MPA is inconsistent with the 2001 Clean Air Plan, which SLO APCD guidance states is a
cumulative air quality impact.
7. 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.
8. The MPA would result in the generation of new vehicle trips which would contribute to exceedance
of storage capacity at the Buckley Road/SR 227 intersection during both the AM and PM peak
hour. Mitigation is required to reduce the project contribution to exceedances at this intersection.
However, Project traffic could be generated and result in exceedance of capacity at this intersection
prior to the planning or installation of necessary intersection improvements.
9. Under Near-Term Cumulative conditions, the volume of traffic at the Buckley Road/SR 227
intersection would exceed storage capacities. Mitigation would reduce impacts the MPA
contribution to exceedances at this intersection. However, exceedances could occur prior to the
planning or installation of necessary intersection improvements and i mpacts would be significant
and unavoidable.
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 Project. Although these measures will
lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts.
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
100
The City has also examined a reasonable range of alternatives to the project and has determined that
Alternative 2 (Mitigated Project Alternative) is feasible, environmentally superior, and would satisfy the
all of the Project objectives to the same or greater extent as the original Proposed Project.
The MPA would reduce the effects of several of the significant impacts of the project and would achieve
all of the City’s objectives for the project and considered feasible. The MPA is therefore considered to be
environmentally superior to the proposed Project. Alternative 3 would allow a greater amount of
development and physical environmental effects, resulting in greater impacts to aesthetics and visual
resources, air quality, cultural resources, hazards and hazardous materials, land use and planning, noise,
transportation and traffic, and utilities. However, Alternative 3 would achieve the City’s objectives for the
Project, including establishment of a “linked” community with a variety of housing opportunities and a
well-connected vehicle, bicyclist, and pedestrian network, as well as a number of amenities such as
neighborhood parks and commercial goods and services that can serve the neighborhood.
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
considerations below outweigh the proposed MPA’s unavoidable environmental risks. The City further
finds that each of these findings is individually sufficient to support the approval of the MPA. A
determination that one of more of these findings is not supported by substantial evidence shall not affect
the validity of the remaining findings.
1. Provision of new Residential and Commercial Uses. The Avila Ranch Development 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 and recreational opportunities
to provide for the convenience and enjoyment of area residents, consistent with City General Plan Land
Use Element Policies 3.3.1, and 8.1.6 and Airport Area Specific Plan policy 7.10.1.
2. Provision of a Variety of Housing Types for all Income Levels. The Avila Ranch Development 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 Avila Ranch Development Plan
would preserve approximately 27 acres of the site for irrigated agriculture under the MPA, and a total
of 55.3 acres of land as open-space.
4. Protection and Restoration of Tank Farm Creek. The Avila Ranch Development Plan will protect
and restore sensitive biological resources within Tank Farm Creek, improving the overall quality of
this habitat over the long term.
5. Provision of Park and Recreational Facilities. The Avila Ranch Development Plan will provide a
variety of park and recreational facilities for residents of the City, such as parks, trails, pathways 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.
6. Well-Planned Neighborhood Would Reduce Per-Capita Vehicle Trips: The Avila Ranch
Development 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 Avila Ranch Development Plan
encourages the use of bicycles and walking within the project site by including specific policies and
Findings of Fact and Statement of Overriding Considerations
Avila Ranch Development Plan
City of San Luis Obispo July 2017
101
development standards that will result in subdivision and building designs that facilitate bike use and
pedestrian access and incorporating multiple classes of bike lanes which provide critical connections
in the existing bicycle network and including bike and pedestrian paths through the parks and open
space areas.
7. Provision of New Jobs: The MPA would create new construction-related and permanent jobs in the
project area. Planned Neighborhood 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.
8. Sales Tax: Development of Neighborhood Commercial development would contribute sales tax
revenues that help fund needed City services.
9. Implementation of the General Plan: As required by the City General Plan, the Avila Ranch
Development 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.
10. Local Preference for Housing: Through its affordable housing program, the project would include a
preference for those who already either live or work in the City of San Luis Obispo, which will not only
have local economic and housing benefits, but by improving the local balance of housing and jobs will
reduce commute distances, and thus reduce air emissions and address potential traffic impacts.
11. Owner Occupancy: Through its affordable housing program, the project will require owner
occupancy for many of the housing units, which will discourage outside speculative investment that
tends to drive housing prices higher than the market would otherwise indicate. In this way, the project
will help the local economy by keeping housing as affordable as possible for local residents, and
encouraging them to remain within the community, which will help support and retain skilled
employees for local businesses.
Accordingly, the City finds that the MPA’s adverse, unavoidable environmental impacts are outweighed
by these considerable benefits.
Dated: ___________, 2017
Heidi Harmon
Mayor, City of San Luis Obispo