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CC 2014-03-25_09.a. GPA Heights at Vista Del MarMEMORANDUM TO: FROM: CITY COUNCIL v TERESA MCCLISH-1'0MMUNITY DEVELOPMENT DIRECTOR BY: ~.-ff'. KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO CHANGE THE LAND USE DESIGNATION AND PREZONE A 48.74-ACRE PROPERTY (VTTM 3048, HEIGHTS AT VISTA DEL MAR) ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION; APPLICANT -THE HEIGHTS AT VISTA DEL MAR GROUP, LLC DATE: MARCH 25, 2014 RECOMMENDATION: It is recommended the City Council: 1) Adopt a Resolution approving changes to the land use design·ation of 48.74-acre property located in the vicinity of Castillo Del Mar adjoining the City to the southeast for the purpose of annexation (GPA 14-001); and 2) Introduce an Ordinance to prezone the subject property for the purpose of annexation (DCA 14-003). FINANCIAL IMPACT: The costs related to road and drainage improvements are estimated to be $750,000 under the terms of the Memorandum of Understanding (MOU) between the Lucia Mar Unified School District, City of Arroyo Grande, J.H. Land Partnership, and John Taylor. The MOU was approved by Council on August 27, 2013 (see Attachment 1 for MOU). J.H. Land Partnership will pay up to $582,500 for the improvements. There is currently $63,000 budgeted, therefore an additional $100,000 appropriation may be necessary when the road construction occurs. Agricultural mitigation costs are $100,000, which will be paid by J. H. Land Partnership. The MOU included a non-refundable $43,000 payment from J.H. Land Partnership to provide for water retrofit offsets for the approved Heights at Vista Del Mar subdivision. The applicant has paid for this cost, as well as an additional $12,302 determined necessary for the water retrofit offsets. The proposal will have impacts on staff time related to proceedings necessary for annexation approval through the Local Agency Formation Commission (LAFCO). The Castillo Del Mar roadway extension is part of the City's adopted Capital Improvement Program and the provision of City water to the project will enable better management of water resources of the Santa Maria Ground Water basin. The City will benefit from additional impact fees should the property be annexed. Item 9.a. - Page 1 Item 9.a. - Page 2 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGE3 In May 2006, the City entered into a Memorandum of Understanding (MOU) with the Lucia Mar Unified School District (the "District"), J.H. Land Partnership (the applicant for VTTM 1789) and John Taylor (agricultural land owner) to enable the City to accomplish an extension of Castillo Del Mar to Valley Road. The MOU was amended in January 2007, April 2007, April 2008, December 2010 and August 2013. The primary objective of the City has been to provide an additional access route behind the high school to relieve existing traffic congestion on Orchard Street caused by the high school and to provide safe, alternative access routes for students and the general public. The key terms of the MOU, as previously amended, include the following: • J.H. Land Partnership will acquire approximately one acre of agricultural land from John Taylor, Trustee, which they will deed to the City at no cost; • J.H. Land Partnership will pay to City up to $582,500 for the cost of road improvements and mitigation of loss of agricultural land; • The District will transfer the private road to the City at no cost conditioned upon approval by City of a General Plan amendment and rezoning to hillside residential of 10 acres owned by the District on the south side of the roadway; • The existing access easement and access control located at the south end of Castillo Del Mar will be moved to the southern access point of the development proposed by J.H. Land Partnership; and • Remaining land deeded to the City by J.H. Land Partnership not used for road construction will be deeded to the District. The City subsequently approved the General Plan amendment and rezoning for the 10 acres owned by the District; the District has transferred the road easement to the City; and the City has constructed a portion of the bike lane improvements associated with the roadway extension. The MOU was amended last August to include additional terms regarding water service to the subject property from the City. Due to the economic downturn at the time of VTTM 1789 approval, development of the . project was not pursued. To improve the economic viability of the project, the developer revised the project and submitted an application to the County for six (6) additional units for a total of twenty-two units (VTTM 3048, the Heights at Vista Del Mar). The County approved VTTM 3048 on December 12, 2013 (see Attachment 2 for project description and Attachment 3 for conditions of approval). ANALYSIS OF ISSUES: The original intent of the MOU was to allow vehicle access from the project site through the City in exchange for significantly improved circulation provided by the extension of Castillo Del Mar. Additionally, in exchange for rezoning of District land, the City received from the District an irrevocable offer of dedication of the roadway behind the high school. However, funding from the developer to widen and realign the roadway Item 9.a. - Page 3 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGE4 and extend it to Valley Road is needed to complete the project. The agricultural land is needed for the realignment to improve the connection of the roadway to Valley Road. The District has benefited through rezoning of land they own behind the high school and will benefit by receiving the additional remaining portion of the agricultural land that it will use for the high school agricultural program. Water The City's General Plan discusses potential annexation of the unincorporated portion of the Arroyo Linda Crossroads and Williams properties within the existing SOI. These policies would apply to Tract 3048 regarding water service. Specifically, LU11-6.10.1 a) states that "The proposed annexation will not deplete the water resources required for potential General Plan development within other parts of the City nor divert water resources needed for current and future Agricultural irrigation". Through the MOU, a strategy has been approved to provide water to Tract 3048 by utilizing a portion of new water conservation offsets identified by City water audits and paid for by the developer. Since the water will come from conservation rather than new supply, a requirement of achieving a ratio of 2:1 savings when compared to increased use has been imposed. The most recent amendment to the MOU approved by the Council in August 2013 retains provisions regarding the extension of Castillo Del Mar to Valley Road, and adds provisions regarding City water service to the project. The originally entitled 16-unit project was to be served water from Rural Water Company. With the increase of six (6) lots, additional water had to be identified. It was determined that the City could provide a more appropriate source of water supply than groundwater from a private water purveyor because it can be better managed and would avoid negatively impacting projected groundwater supply. Approximately 5.54 acre-feet of. water per year was anticipated for the 16-lot development. An additional 2.07 acre-feet is needed to serve the approved twenty-two (22) lot project. The MOU was amended to include the following language regarding water service: (a) Within thirty (30) days from the full execution of this MOU, J.H. Land Partnership shall pay to CITY a nonrefundable payment in the amount of forty three thousand dollars ($43, 000) which shall be used by CITY to retrofit existing infrastructure as part of CITY's water conservation program. Such retrofits shall result in overall water savings in a ratio of 2 to 1 when compared to the projected water use of the proposed project currently consisting of twenty two (22) residential parcels, one (1) open space parcel, and one (1) detention basin parcel (the "Proj~cfJ. (b) CITY agrees to provide water service to the J.H. Land Tract for the Project subject to the terms and conditions set forth herein. Said water service shall be in the form of an Outside Water User Agreement (the "Water Agreement) Item 9.a. - Page 4 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGES which shall be subject to the approval of CITY's City Attorney. J.H. Land Partnership understands and acknowledges that the Water Agreement and CITY's extraterritorial water service to the J.H. Land Tract is conditioned on and subject to approval by the San Luis Obispo County Local Agency Formation Commission ("LAFCO'J. J. H. Land Partnership agrees to pay all normal water connection fees and all other costs and expenses required to connect the J.H. Land Tract to CITY's water system. (c) Upon CITY's receipt of funds described in Section 5(a) above, CITY shall submit and expeditiously process an application with LAFCO: (i) to amend the CITY's sphere of influence (''SOl'J to include the J.H. Land Tract property; and (ii) for approval of the Water Agreement and CITY's extraterritorial water service to the J.H. Land Tract. J.H. Land Partnership shall, at its sole costs and expense, provide any and all necessary reports, analysis and other information for such application. J.H. Land Partnership further agrees to pay for any and all of CITY's costs and expenses related to such application, including, but not limited to, application fees, engineering fees, expert studies, surveys, reports and attorney's fees. (d) Upon LAFCO approval of the Water Agreement and amendment of the CITY's SOI as described in Section 5(c) above, CITY shall submit and expeditiously process an application with LAFCO to annex the J. H. Land Tract within CITY's municipal boundaries. J.H. Land Partnership shall, at its sole costs and expense, provide any and all necessary reports, analysis and other information for such application. J.H. Land Partnership further agrees to pay for any and all of CITY's costs and expenses related to such application, including, but not limited to, application fees, engineering fees, expert studies, surveys, reports and attorney's fees. (e) J.H. Land Partnership agrees to pay CITY all normal development impact and permit fees associated with the development of the J.H. Land Tract. Since approval of the MOU in August 2013, the following progress has been made towards fulfilling MOU obligations: 1. Water Systems Consulting (WSC) has conducted a review of water supply for VTTM 3048 from water conservation offsets and submitted a technical memorandum (see Attachment A of the Initial Study). The technical report concludes that the project water use will be offset by more than 2: 1 with retrofit water savings. 2. The applicant has paid a total of $55,302 for water retrofit offsets. 3. The City adopted Resolution No. 4543 on August 27, 2013 approving initiation of pro~eedings for the amendment of the SOI. LAFCO approved an amendment to Item 9.a. - Page 5 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGE& the City's SOI to include the subject property within the City limits on November 21,2013. 4. The irrigation retrofit has been completed for the Arroyo Grande Cemetery and irrigation retrofits have begun for the Lucia Mar Unified School District (Paulding and Ocean View schools). Irrigation Improvements to Rancho Grande Park have not yet commenced. These water conservation projects are aimed at mitigating the water use of the project. If Council moves forward with the proposed annexation, staff will prepare the necessary documents to submit to LAFCO. Annexation City General Plan Policy LU 11-6 states "The City of Arroyo Grande shall cooperate with the County of San Luis Obispo, the Oceana Community Services District and LAFCO to establish more logical and recognizable jurisdictional boundaries adjoining urban areas and to provide appropriate separation or identity". The project area is bounded by the low density Vista Del Mar neighborhood to the north within the City, U.S. Highway 101 to the east, low density residential development (Falcon Ridge Estates) to the south within the County, and a mobile home park to the west within the City. Beyond Highway 101 to the east is the Fredericks property within the City, bounded to the south by the Fredericks/Williams property that comprises the City's SOI area. Annexing the project area into the City limits would not create an illogical boundary of the City's southern City limit line and would be consistent with the adjacent SOI area across the freeway. Annexation of the subject property is consistent with the City's 2013 Housing Element, which states in Policy A.1 that the "City shall adopt policies, programs, and procedures to attempt to meet the present and future needs of residents of the City, and to aim at providing their fair share regional housing need allocated (RHNA) for each income classification, within identified governmental, market, economic and natural constraints." Policy A.8 further states that "The City may annex land on the urban edge to promote orderly growth and the preservation of open space." Although the type of housing development approved for the subject property will be at the above-moderate income level, it does help the City meet its RHNA numbers. Annexation also provides orderly and logical growth since the density is compatible with the adjacent City Vista Del Mar residential development, the project site is surrounded by the City limits on three sides, and notably the project includes a 14.87 acre perpetual open space easement that preserves an existing oak woodland area. If LAFCO approves the annexation, the proposed GPA 14-001 would change the land use designation of the subject property from County Residential Suburban (RS) to City Low Density (LO) residential. The proposed DCA 14-003 would prezone the property to Item 9.a. - Page 6 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGE7 Residential Hillside (RH). LAFCO requires that the City prezone the property prior to formal annexation. Project -VTTM 3048 The project site is located at the current terminus of Castillo Del Mar, immediately southwest of U.S. Highway 101, southwest of the City limits. Surrounding land uses include low density residential development and open space to the north within the City, low density residential development to the east within the unincorporated County, and high density mobile homes to the west within the City. The project site is currently vacant with an unpaved emergency access road traversing from Castillo Del Mar to Falcon Ridge Estates located in the County. Topography of the site is gently to steeply sloping. An oak woodland exists on the steeper slopes, which is protected by an open space easement. The County of San Luis Obispo approved VTTM 3048 on December 12, 2013. Generally, the project character is compatible with the adjacent Vista Del Mar neighborhood in the City, although lot sizes are substantially larger, creating a logical transition to estate size lots in the County area to the south. The project was conditioned and provides mitigation for aesthetics by size limitations on some lots and building envelope locations. Although the lot size configuration deviates from comparable City zoning standards due to lot layout on slopes, the development is consistent with City subdivisions that cluster lots, decrease building envelop size within lot boundaries and provide open space. Below is a table comparing project attributes with both City and County development standards. City of-Arroyo Grande City of AG RH Tract 3048 Project Table 16.32.050-A Zoning Maximum density (DUs per 0.67 0.50 (1 unit) or 1.0 (with 2"0 units) gross acre) Minimum building site (net 49,000 Smallest Building Envelo12e areas: area in sq. ft.) (New Lot 1 = 20, 701 s.f. subdivisions) Lot 5 = 10,533 s.f. Lot 6 = 12,970 s.f. Lot 14 = 14,423 s.f. Lot 21 = 17,985 s.f. Minimum lot width new 130' Lot 8 = 114' min, wedge-shaped subdivisions Lot 9 = 95' min, wedge-shaped Lot 1 O = 119 min, wedge-shaped Lot 16 = 80', wedge-shaped Lot 18 = 40', wedge-shaped, 2 acres Lot 13 = 52' min, 5-sided, 200' max Lot 21 = 63' min, -118' ave. width Item 9.a. - Page 7 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGES City of A.~royo Grande . City of AG R.H Tract ~048 Project Table 16.32.050-A Zoning - Minimum lot depth new 200' Lot 1 = 192' one side subdivisions Lot 2 = 192' one side Lot 11 = 180' one side Lot 12 = 191' one side Minimum front yard (new 35' 25' subidivisions of 5+ lots) Minimum interior side yard 1 0% of lot width 30' (CalFire) setback Minimum street side yard 15% of lot width 30' setback Minimum rear yard setback 40' 30' Maximum lot coverage 35% NA Maximum buildino heioht 30' or 2 stories 35' (Lots 3-7 have visual height limits) ALTERNATIVES: The following alternatives are offered for Council's consideration: -Approve staff's recommendations and adopt a Resolution approving changes to the land use designation for the purpose of annexation of the subject property (GPA 14-001), and introduce an Ordinance to prezone the subject property (DCA 14-003) for the purpose of annexation; Modify and adopt a Resolution and introduce an Ordinance for the purpose of annexation; or Do not adopt a Resolution or introduce an Ordinance for the purpose of annexation, provide specific findings and direct staff to return with a Resolution denying approval of GPA 14-001 and DCA 14-003; or Provide direction to staff. ADVANTAGES: Annexation of the project will result in access improvements that will help relieve congestion related to high school traffic and enable the City to better manage use of groundwater within the basin. Approval of the recommendations for the purpose of annexation also has the benefit of providing the City with additional impact fee revenue. DISADVANTAGES: The City will be responsible for additional road maintenance costs within the project boundaries should the property be annexed. Water conservation offsets from retrofitting large facilities will be used. Item 9.a. - Page 8 CITY COUNCIL GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO PREZONE A 48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION MARCH 25, 2014 PAGE9 ENVIRONMENTAL REVIEW: Staff has reviewed this· project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for implementation of CEQA and has prepared a Mitigated Negative Declaration (Attachment 4). PUBLIC NOTIFICATION AND COMMENTS: A Notice of Public Hearing was published on Friday, March 14, 2014 in the Tribune and mailed to properties located within 300' of the project site. The Agenda was posted in front of City Hall on Thursday, August 22, 2013 and on the City's website on Friday, August 23, 2013. No public comments were received. Attachments: 1. Memorandum of Understanding (MOU) approved August 27, 2013 2. VTTM 3048 Project Description 3. VTTM 3048 Conditions of approval 4. Initial Study/Mitigated Negative Declaration • Attachment A: WSC Technical Memorandum dated December 6, 2013 Item 9.a. - Page 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT 14-001 AMENDING THE LAND USE MAP FOR PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR (APN 075-021-026) FOR THE PURPOSE OF ANNEXATION; APPLICANT-THE HEIGHTS AT VISTA DEL MAR GROUP, LLC WHEREAS, in 1990, the City appealed a Mitigated Negative Declaration for a 16-lot residential subdivision (VTTM 1789 -Busick Tract) located at the southeast terminus of Castillo Del Mar for the reason of traffic impacts; and WHEREAS, in 1994, the County of San Luis Obispo (the "County") required that an Environmental Impact Report (EIR) be prepared for VTTM 1789; and WHEREAS, in May 2006, the City entered into a Memorandum of Understanding (MOU) with the Lucia Mar Unified School District (the "District"), J.H. Land Partnership (the applicant for VTTM 1789) and John Taylor (agricultural land owner) to enable the City to accomplish an extension of Castillo Del Mar to Valley Road to improve circulation; and WHEREAS, in June 2008, the County adopted an EIR and approved VTTM 1789; and WHEREAS, the MOU was amended in January 2007, April 2007, April 2008, December 2010 and August 2013; and WHEREAS, VTTM 1789 was not pursued and a new Tract Map was instead submitted to the County for a 22-lot subdivision on the subject property (VTTM 3048, Heights at Vista Del Mar); and WHEREAS, the County approved VTTM 3048 on December 12, 2013; and WHEREAS, on August 27, 2013 the City Council adopted Resolution No. 4543 approving initiation of proceedings for the amendment of the City's Sphere of Influence (SOI) to include the subject property within the City limits; and WHEREAS, on November 21, 2013 the San Luis Obispo County Local Agency Formation Commission (LAFCO) approved an amendment to the City's SOI to include the subject property within the City limits; and WHEREAS, the City Council of the City of Arroyo Grande (the "City") adopted the updated General Plan which became effective on October 9, 2001 and which includes the Housing Element adopted in 2013; and Item 9.a. - Page 10 RESOLUTION NO. PAGE2 WHEREAS, the applicant has initiated General Plan Amendment 14-001 to amend the Land Use Map to designate the subject property as Low Density (LO) Residential; and WHEREAS, the Community Development Department has conducted CEQA initial studies and concluded that environmental impacts associated with the project will be mitigated to a less than significant level; and WHEREAS, the City Council, after public hearing, consideration of all testimony and evidence presented, finds the Mitigated Negative Declaration appropriate and adequate pursuant to State and local CEQA laws and guidelines and reflects its independent judgment and analysis; and WHEREAS, the City Council, after a duly noticed public hearing on March 25, 2014, consideration of the staff report, all testimony and evidence presented finds the proposed land use map changes as shown on Exhibit "A" · attached hereto and incorporated herein by this reference, to be appropriate and consistent with the intent of the 2001 General Plan Update adopted policies, specifically those policies in the Housing Element and Land Use Element; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following General Plan Amendment findings can be made in an affirmative manner: 1. The proposed amendment of GPA 14-001 to the 2001 General Plan land use element designation provides consistency with the goals, objectives, policies and programs of the General Plan Land Use and Housing Elements; and 2. The proposed GPA will not adversely affect the public health, safety, or welfare; and 3. The proposed GPA has been reviewed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and the City Council has determined that the impacts of the proposed project as described and included in a draft Initial Study and Mitigated Negative Declaration dated February 21, 2014, have been reduced to an insignificant level. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Mitigated Negative Declaration is hereby adopted and the amendments to the General Plan Land Use Map as shown in Exhibit "A" are hereby approved. Item 9.a. - Page 11 RESOLUTION NO. PAGE3 On motion by Council Member by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this , seconded by Council Member , and day of 2014. Item 9.a. - Page 12 RESOLUTION NO. PAGE4 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVE ADAMS, CITY MANAGER APPROVED A TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 9.a. - Page 13 Item 9.a. - Page 14 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PREZONING A 48.74-ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF IN THE VACINITY OF CASTILLO DEL MAR (APN 075-021-026) FOR THE PURPOSE OF ANNEXATION (DEVELOPMENT CODE AMENDMENT 14-003); APPLICANT -THE HEIGHTS AT VISTA DEL MAR GROUP, LLC · WHEREAS, in 1990, the City of Arroyo Grande (the "City") appealed a Mitigated· Negative Declaration for a 16-lot residential subdivision (VTTM 1789 -Busick Tract) located at the southeast terminus of Castillo Del Mar for the reason of traffic impacts; and WHEREAS, in 1994, the County of San Luis Obispo (the "County") required that an Environmental Impact Report (EIR) be prepared for VTTM 1789; and WHEREAS, in May 2006, the City entered into a Memorandum of Understanding · (MOU) with the Lucia Mar Unified School District (the "District"), J.H. Land Partnership (the applicant for VTTM 1789) and John Taylor (agricultural land owner) to enable the City to accomplish an extension of Castillo Del Mar to Valley Road to improve circulation; and WHEREAS, in June 2008, the County adopted an EIR and approved VTTM 1789; and WHEREAS, the MOU was amended in January 2007, April 2007, April 2008, December 2010 and August 2013; and WHEREAS, VTTM 1789 was not pursued and a new Tract Map was instead submitted to the County for a 22-lot subdivision on the subject property (VTTM 3048, Heights at Vista Del Mar); and WHEREAS, the County approved VTTM 3048 on December 12, 2013; and WHEREAS, on August 27, 2013 the City Council adopted Resolution No. 4543 approving initiation of proceedings for the amendment of the City's Sphere of Influence (SOI) to include the subject property within the City limits; and WHEREAS, on November 21, 2013 the San Luis Obispo County Local Agency Formation Commission (LAFCO) approved an amendment to the City's SOI to include the subject property within the City limits; and WHEREAS, the City Council adopted the updated General Plan which became effective on October 9, 2001 and which includes the Housing Element adopted in 2013; and Item 9.a. - Page 15 ORDINANCE NO. PAGE2 WHEREAS, the applicant has initiated General Plan Amendment 14-001 to amend the Land Use Map to designate the subject property as Low Density (LO) Residential; and WHEREAS, the Community Development Department has conducted CEQA initial studies and concluded that environmental impacts associated with the project will be mitigated to a less than significant level; and WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated Negative Declaration, all testimony and evidence presented, finds the Mitigated Negative Declaration appropriate and adequate pursuant to State and local CEQA laws and guidelines and reflects its independent judgment and analysis; and WHEREAS, the City Council, after a duly noticed public hearing on March 25, 2014, consideration of the staff report, all testimony and evidence presented finds the proposed changes to the zoning map as shown on Exhibit "A" attached hereto and incorporated herein, to be appropriate and consistent with the intent of the 2001 General Plan Update adopted policies, specifically those policies in the Housing Element and Land Use Element; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: 1. The proposed amendment is consistent with the goals, objectives, policies and programs of the general plan and will not result in any internal inconsistencies within the plan. The proposed amendment satisfies the following objectives and policies of the Land Use and Housing Elements of the General Plan: Policy LU11-1.4, which requires the City to "restrict new urban single family, multiple family and mobile home uses to infill areas adjacent to existing developments of similar density"; Objective LU10, to "Promote a pattern of land use that protects the integrity of existing land uses, area resources and infrastructure and involves logical jurisdictional boundaries with adjacent communities and the County"; Housing Element Policy A. 1 stating the "City shall adopt policies, programs, and procedures to attempt to meet the. present and future needs of residents of the City, and to aim at providing their fair share regional housing need allocated (RHNA) for each income classification, within identified governmental, market, economic and natural constraints"; and Policy A. 8 which states that "The City may annex land on the urban edge to promote orderly growth and the preservation of open space." 2. The proposed amendment will not adversely affect the public health, safety and welfare or result in an illogical land use pattern. There will be adequate provisions for water, sanitation, public utilities and services to serve the subject property. Specifically, water supply has been secured through water conservation offsets Item 9.a. - Page 16 ORDINANCE NO. PAGE3 and South San Luis Obispo County Sanitation District can accommodate the additional flow. 3. The proposed amendment is consistent with the purpose and intent of the Development Code. The primary purpose of the RH district is to provide for and protect rural atmosphere and lifestyles, as well as to provide for protection of existing hillside areas in accordance with general plan policies. This district is intended· as an area for development of low density, large Jot, single-family detached and small Jot single-family detached residential dwelling units at a maximum density of one dwelling unit per 1. 5 gross acres. Cluster development is encouraged in order to protect the environment. VTTM 3048 provides a logical and orderly pattern of development consistent with neighboring developments and preserves 14. 87 acres of open space containing an oak woodland habitat. 4. The potential environmental impacts of the proposed amendment are insignificant or can be mitigated to an insignificant level. The City Council has reviewed the amendment in compliance with the California Environmental Quality Act (CEQA) and has determined that a Mitigated Negative Declaration can be adopted. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: Section 1: The above recitals and findings are true and correct and incorporated herein. Section 2: The Mitigated Negative Declaration for the subject project is hereby adopted. Section 3: The boundaries of the zoning district established pursuant to Section 16.24.010 are hereby revised as outlined below and as more specifically set forth in Exhibit 'A', attached hereto and made a part hereof. ~ Prezone for annexation from County Residential Suburban (RS) to Residential Hillside (RH) as shown on Map Exhibit 'A'. Section 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. Section 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council Item 9.a. - Page 17 ORDINANCE NO . . PAGE4 meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. Section 6: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of 2014. Item 9.a. - Page 18 ORDINANCE NO. PAGES TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVE ADAMS, CITY MANAGER APPROVED A TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 9.a. - Page 19 Item 9.a. - Page 20 MEMORANDUM OF UNDERSTANDING AMONG ATIACHMENTl LUCIA MAR UNIFIED SCHOOL DISTRICT, CITY OF ARROYO GRANDE, J.B. LAND PARTNERSHIP, L.P. AND JOHN TAYLOR, TRUSTEE REGARDING EXTENSION OF CASTILLO DEL MAR ROADWAY 1. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") between the Lucia Mar Unified School District, (the "DISTRICT"), the City of Arroyo Grande (the ''CITY"), J.H. Land Partnership and John Taylor, Trustee (collectively the "Parties") constitutes a conceptual agreement framework for the Parties to work co0peratively and to coordinate and develop possible water service to the J.H. Land Tract (defined below) by CITY and to further coordinate and develop the proposed extension of the existing CITY roadway (sometimes hereinafter the "roadway extension") __ known as Castillo Del Mar, from its present terminus, to Valley Road to serve the existing Vista Del Mar development located within the CITY limits and the J.H. Land Partnership proposed development located within the unincorporated area of San Luis Obispo County (the "J.H. Land Tract." The proposed roadway extension will traverse the DISTRICT's existing Arroyo Grande High School ("AGHS") property. 2. Tiffi ROADWAY EXTENSION PROJECT Exhibit "A", attached hereto and incorporated herein, illustrates, in conceptual form, an intended general location for the roadway extension from its present ten:ni.ilus, through a portion of the AGHS property and a portion of Assessor's Parcel No. 006-095-002 (the one acre portion is referenced to herein as the "Taylor Property"), to Valley Road. The exact design and location of the proposed roadway extension will be established through cooperation and agreement of the Parties. All Parties recogniz.e the need to provide safe access to the existing and proposed parcels and the importance of this proposed roadway extension in improving existing circulation conditions and as a safe, viable transportation corridor in the CITY'S long term traffic and circulation plan. 3. WELL AGREEMENT The parties agree that any rights created hereunder or contemplated to be created hereunder are subordinate to that certain "MODIFICATION OF WATER WELL EASEMENT AND MAINTENANCE AGREElvfENT AND RIGHT OF FIR.ST REFUSAL FOR LEASE" ("Well Agreement") recorded as Document Number 2004051468 in the official records of San Luis Obispo County, California, On June 11, 2004. DISTRICT and CITY agree to continue the water supply to the Taylor Property during construction of the roadway extension and thereafter in accord with the Well Agreement and to take no action in derogation of the Well Agreement John Taylor, Trustee, the City and the District agree to coordinate construction activity related to the water supply to the Taylor property so as to avoid disruption to Taylor's farming activity. I Item 9.a. - Page 21 4. PURPOSE AND NEED The purpose of this MOU is to express the Parties' conceptual agreement for the roadway ... extension and related issues. Specifically, the Parties are in conceptual agreement on the following: (a) The CITY and DISTRICT will plan for, design, and develop a local public roadway to improve circulation and enhance public safety and to provide vehicular, bicycle, and pedestrian access from the present terminus of the Castillo Del Mar roadway, through the AGHS Property and Taylor Property, to Valley Road. The Parties will work cooperatively to ensure the road location is consistent with the needs of the DISTRICT and the CITY. It is.the intention of the Parties that the final roadway design and location be established as soon as feasible. (b) The CITY will design and construct the proposed roadway extension, including all surveying, engineering, utility construction or relocation, grading, and drainage improvement costs, and shall comply with all required mitigation measures for the project, at no cost to DISTRICT, J.H. Land Partnership or John Taylor, Trustee. Thereafter, the roadway extension shall be maintained by CITY at no cost to DISTRICT, J.H. Land Partn'ership, or John Taylor, Trustee. ( c) The Parties will provide each other necessary information and assistance regarding the development of the proposed roadway extension, including without limitation, executing, acknowledging, and delivering all documents reasonably requested by one of the Parties or required by any governmental authority. (d) The DISTRICT intends to create a separate 10-acre± parcel on the south side of the proposed roadway extension ("DISTRICTS New Parcel") for present allowed use and potential future development. DISTRICT will process a public land parcel map application to separate this new parcel from the AGHS school and grounds. (e) The DISTRICT has applied for and CITY bas processed and approved a General Plan Amendment/rezoning application designating zoning the DISTRICTS New Parcel for "Residential Hillside" uses. (f) DISTRICT shall provide land consistent with the terms herein described, through the AGHS Property, to serve as part of the location for the roadway extension project by providing an irrevocable offer of dedication for the necessary land to CITY by no later than February 22, 2011. (g) No later than February 22, 2011, DISTRICT shall provide an ac;cess easement adjacent to the Castillo Del Mar road extension property behind the high school for construction of a Class 1 bike lane adjacent to the roadway extension. (h) No later than March l, 2011, J .H. Land Partnership agrees to pay to CITY the sum of fifty thousand dollars ($50,000) for design costs and matching funds for a Transportation Enhancement grant for construction of the Class 1 bike lane adjacent to 2 Item 9.a. - Page 22 the roadway extension and within the access easement referred in paragraph 3 (g) above. (i) DISTRICT may apply for and CITY shall expeditiously process a tentative tract map application to subdivide the DISTRICTs New Parcel consistent with its new zoning designation, subject to compliance with all laws. The DISTRICTS proposed tentative tract map application may include a request for approval of "density bonus" units (in excess of the number of units otherwise permitted by the CITY'S "Residential Hillside" zoning}, in accordance with the CITY'S density bonus and affordable housing ordinance and consistent with State law. G) No later than January 1, 2014 and subject to the approval of the revised Tentative Tract Map by the County of San Luis Obispo of the J.H. Land Tract, John Taylor, Trustee agrees to sell to J.H. Land Partnership and J.H. Land Partnership agrees to buy from John Taylor, Trustee approximately one acre ofland at the north side of the Taylor Property for a total sum of eight hundred thousand dollars ($800,000). J .H. Land Partnership shall obtain the right to access said road extension subject to issuance of a CITY encroachment permit. (k) J.H. Land Partnership agrees to deed to the CITY at no cost to CITY the entire property of approxin;uuely one acre acquired from iohn Taylor, Trustee for the purpose of enabling the connection of the roadway extension to Valley Road as partial mitigation for traffic impacts associated with access through City from Vista Del Mar and the development proposed by J.H. Land Partnership (the "J.H. Land Tract"). (l) The CITY agrees to deed to the DISTRICT the remainder portion of the Taylor Property created by the new roadway (the "Remainder Parcel") and re-designate and remne the Remainder Parcel from Agriculture to Public Facilities. CITY shall mitigate all impacts from said redesignation and rezoning of the Remainder Parcel. (m) CITY and DISTRICT will jointly determine the allowed uses of the Remainder Parcel, which generally will be combined with AGHS facilities and grounds, and will be restricted to agriculture and agricultural education related uses. No water, sewer, drainage or oth~ utilities relocation or improvements are proposed for .the Remainder Parcel as part if this MOU. . (n) No later than January 1, 2013 and subject to prior approval of the J .H. Land Partnership revised Tentative Tact Map by the County of San Luis Obispo, J.H. Land Partner.;hip agrees to pay CITY one hundred thousand doUars ($100,000) for mitigation of loss of prime agricultural property and the actual cost to construct the roadway extension and drainage improvements up to five hundred eighty-two thousand five hundred dollars ($582,500). (o) A portion of funds described in paragraph 4(n), above, shall be subject to reimbursement by the owner ("Reimbursing Party") of the DISTRICTs New Parcel. Reimbursement shall be paid by Reimbursing Party to J.H. Land Partnership within forty-five (45) days of recordation of a final map further subdividing the DISTICT's New Parcel. Reimbursement 3 Item 9.a. - Page 23 shall be equal to the amount of payment from J.H. Land Partnership to CITY for reconstruction of roadway extension and drainage improvements in excess of five hundred thousand dollars ($500,000) up to a maximwn of one hundred and fifty thousand dollars ($150,000). (p) DISTRICT agrees to maintain Remainder Parcel for agricultural purposes by use of an agricultural conservation easement as approved by the CITY, which shall be created and recorded at the time of transfer of the remainder parcel to the District. (q) Subject to payment to the CITY by J.H. Land Partnership of the funds described in 3(1) above, CITY and J.H. Land Partnership agiee to relocate the existing access easement and access control located at the south end of Castillo Del Mar to the southern access point of the J. H. Land Partnership Tract (r) The Parties will work cooperatively to cause the proposed roadway extension design and alignment to be modified through the planning process for the project to meet the needs of the DISTRICT and the CITY. (s) The CITY and DISTRICT jointly will prepare a schedule for accomplishing each of the tasks set forth in this MOU, including a schedule for the roadway extension construction. (t) The Parties are cognizant of the current fiscal constraints facing the DISTRICT, the need to creatively ameliorate the concomitant impacts to the DISTRICT's students and the related need to minimize DISTRICT outlays associated with this MOU. (u) The Parties agree that following approval of the revised Tentative Tract Map and no later than January I, 2013, J.H. Land Partnership and John Taylor, Trustee will enter into an agreement of purchase and sale and escrow instructions on the tenns and conditions set forth herein. All costs associated therewith will be borne by J.H. Land Partnership. The escrow will be at a licensed escrow company in San Luis Obispo County. (v) It is not the intent of CITY, DISTRICT or J.H. Land Partnership in any way to limit or inhibit John Taylor, Trustee's ability to continue to farm the remainder of his land as he currently does, and nothing in this MOU shall be considered in any way a limitation or inhibition on his ability to farm. 5. WATER SERVICE The purpose of this Section 5 is to express the conceptual agreement for possible water service to the J.H. Land Tract by CITY. Specifically, CITY and J.H. Land Partnership are in conceptual agreement on the following: (a) Within thirty (30) days from the full execution of this MOU, J.H. Land Partnership shall pay to CITY a nonrefundable payment in the amount of thirty five thousand dollars ($35,000) which shall be used by CITY to retrofit existing infrastructure as part of CITY's water conservation program. Such retrofits shall result in overall water savings in a ratio of 2 to 1 when compared to the projected water use of the proposed project currently consisting of twenty two (22) residential parcels, one ( 1) open space parcel; and one ( 1) detention basin parcel (the '"Project"). 4 Item 9.a. - Page 24 (b) CITY agrees to provide water service to the J.H. Land Tract for the Project subject to the terms and conditions set forth herein. Said water service shall be in the fonn of an Outside Water User Agreement (the "Water Agreement") which shall be subject to the approval of CITY's City Attorney. J.H. Land Partnership understands and acknowledges that the Water Agreement and CITY's extraterritorial water service to the J.H. Land Tract is conditioned on and subject to approval by the San Luis Obispo County Local Agency Formation Commission ("LAFCO"). J .H. Land Partnership agrees to pay all normal water connection fees and all other costs and expenses required to connect the J .H. Land Tract to CITY' s water system. (c) Upon CITY's receipt of funds described in Section S(a) above, CITY shall submit and exped,itiously proeess an application with LAFCO: (i) to amend the CITY's sphere of influence ("SOP') to include the J.H. Land Tract property; and (ii) for approval of the Water Agreement and CrrY's extraterritorial water service to the J.H. Land Tract. J.H. Land Partnership shall, at its sole costs and expense, proyide any and all necessary reports, analysis and other information for such application. J.H. Land Partnership further agrees to pay for any and all of CITY's costs and expenses related to such application, including, but not limited to, application fees, engineering fees, expert studies, surveys, reports and attorney's fees. (d) Upon LAFCO approval of the Water Agreement and amendment' of the CITY's SOI" as described in Section S(c) above, CITY shall submit and expeditiously process an application with LAFCO to annex the J.H. Land Tract within CITY's municipal boundaries. J.H. Land Partnership shall, at its sole costs and expense, provide any and all necessary reports, analysis and other information .for such application. J.H. Land Partnership further agrees to pay for any and all of CITY' s costs and expenses related to such application, including, but 001 limited to, application fees, engineering fees, expert studies, surveys, reports and attorney's fees. (e) J.H. Land PaJ1nership agrees to pay CITY all normal development impact and permit fees associated with the development of the J.H. Land Tract. · 6. GENERAL PROVISIONS The following are generaJ provisions of this MOU: (a) All coordination, assistance and services rendered as party to the development of reasonable and feasible solutions to improve cwrent and future traffic safety and circulation needs for the roadway extension under this MOU will be canied out in · 5 Item 9.a. - Page 25 compliance with the objectives and responsibilities of the Parties. Nothing in this MOU shall be in conflict with the responsibilities of any participating party as defined in Federal, State, or local law, statue, regulation, or participating parties' policies and procedures. (b) The Parties will exchange information and consult with each other before implementing the provisions hereof that may affect the ability of any other party to perform under this MOU. ( c) The CITY will address enviromnental ~ related to the development of the proposed roadway extension project, including acting as the "Lead Agency'' for the project under the California Environmental Quality Act. 6. ROLES AND RESPONSIBILITIES The Parties shall each designate in writing a single point of contact to ensure their respective responsibilities are satisfied. All future coirespondence regarding this MOU shall be directed to the designated single points of contact. 7. EFFECTIVE DA TE. TERMINATION AND MODIFICATION This MOU will become effective when executed by all Parties. This MOU will terminate upon an impasse in the negotiation among the parties, or by the mutual-consent of the parties. This MOU may be amended by written instrument executed by-all the parties. This MOU supercedes all previous offers, agreements, negotiations, understandiligs, and memorandums of understanding between the parties, whether oral or written. 8. MUTUAL INDEMNIFICATION F.ach of the Parties shall, to the fullest extent permitted by law, indemnify and hold each of the other parties harmless against any and all costs, expenses, losses, claims, suits, damages, and liabilities (including reasonable attorney's fees) for~ or omissions arising out of or in connection with this MOU. 6 Item 9.a. - Page 26 LUCIA MAR UNIFIED SCHOOL DISTRICT By: ~~ ~'7 Aftb P~~Board. J.H. LAND P ARTNERSIDP Dated: I~ I I g-/ 1.(J \'/J Board appr:Yed ~/ lfi / 20 t?J By:fo2 Dated: lo/~s / 13 7 Item 9.a. - Page 27 Zoning Legend ~~ Public Facility -Apia&lture .. Apicuhural Bufl'tr Raldaaalll Hillatde -Mobile Homo Pm .. Slnaie-Pamily .. City Limit Lino Arroyo Grando High School Property Lucia Mar Unified School District ZONING MAP January 17. 2006 Exhibit A -Pase one OA51.S LANDSC.Al'I: OCHITCCTUKC AllD PLANNING Item 9.a. - Page 28 I I .'I:!) . ' ' l Jf I ,' I ...... i ... ·' ,·"·/. ·--······.~· ---, __ _.. ... I Arroyo Onnde High School Property Lucia Mar. Unified School District Assessor's Map Proposed Land Use Scenarios January 17. 2006 Exhibit A -Page Two 006-095 .~ -· Item 9.a. - Page 29 ATTACHMENT 2 Project Description (REVISED August 19, 2013) The Heights at Vista Del Mar VTTM 3048 Date: August 19, 2013 To: Teresa Mcclish, City of Arroyo Grande Planning CC: Stephanie Fuhs, SLO County Planning and Building From: Cindy Chambers, Wallace Group Request: New 22-lot Vesting Tentative Tract Map to replace 16-lot VTTM 1789 PURPOSE This application proposes to increase the number of tentatively approved lots of Tract 1789 from 16 to 22 residential parcels to help offset the cost of improvements. Tentative Tract 1789 was approved in June of 2008, after a prolonged 17-year review process culminating in a Final Environmental Impact Report (FEIR) that focused on traffic and circulation, biological, visual, and drainage concerns. Resolving the project's site access resulted in a Memorandum of Understanding (MOU) executed on May 4, 2006 between the applicants, the City of Arroyo Grande, Lucia Mar School District and a nearby property owner, John Taylor. The MOU allowed the City to remove a non-access easement at the easterly terminus of Castillo Del Mar in exchange for fees to acquire land on which to extend Castillo Del · Mar to Valley Road. The subsequent change in market conditions since 2008 have made the project infeasible, due in part to the MOU's significant impact fees. This application seeks to increase density by six units within the same development area, without altering or adding to the potential for impacts previously analyzed in the FEIR. Studies and supporting documents have been prepared to demonstrate that conditions pertaining to traffic, visual, air quality, biological, and drainage impacts are adequately addressed and mitigated for this project by conditions imposed under the prior project. Requirements for building permit compliance with current air and water quality standards during and post-construction would be applicable to this tract. The drainage design incorporated into the new application meets current requirements for LID and drainage as required by the Regional Water Quality Control Board. Althouse and Meade conducted biological and botanical surveys on the site in the spring of 2013, and prepared a report that was submitted with this application. The focus of the report is to address any new conditions on site as part of the overall project design, with a goal of keeping the revised project within the range of impacts and mitigations previously studied under the FEIR. An informal assessment of potential wetland within the ephemeral drainage was conducted and the report WALLACE GROUP® CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES W.ALLACE GROUP A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 805 544·4294 www.wallacegroup.us Item 9.a. - Page 30 VTTM 3048 Project Description Revised Page 2 provides recommendations for permitting the detention basin. See detailed biological and botanical discussion below. PROJECT STATISTICS Project Title: Property Owners: County Case #s: Project Location: Parcel Size: APNs: Land Use: The Heights at Vista Del Mar: VTTM 3048 The Heights at Vista Del Mar Group, LLC 332 Creekview Way Arroyo Grande, CA 93420 VTTM 3048 VTTM 1789 (S890232T), ED90-061 State Clearinghouse #1994041043 (FEIR) PRE-2010-00031, PRE-2012-00059 Between the termini of Castillo Del Mar and Coast View Drive, southwest of State Route 101, south of Arroyo Grande 47.54 acres 075-021-026; 075-021-042 Residential Suburban, San Luis Bay Inland PROJECT COMPARISON This section includes a discussion of items analyzed in the FEIR for the 16-lot subdivision, and how the proposed 22-lot subdivision application compares. Please refer to the reduced-sized maps attached to this Project Description. Lotting. Open Space and Slopes The prior subdivision (VTTM 1789) created 16 residential lots over the entire 47.5- acre property, including the steeply sloped northerly portion containing sensitive oak woodlands. Due to the inclusion of the steepest slopes, the average slope of the lots exceeded 15% and the 16 lots ranged from 2.0 to 4.17 acres in size. Lots 2 through 7 exceeded the County length-to-width ratio of 3: 1. A building limit line identified through the visual assessment bisected Lots 1 through 8 on the north side. The map was conditioned to place an open space easement over the area north of the building limit line across Lots 1-8, encompassing the oak woodlands and steeper slopes. The open space easement was approved to be maintained on individual lots by the lot owners. The proposed detention basin located in the drainage area in the southeast corner was within an easement spanning two of the residential lots. See Exhibit 1, Approved VTTM 1789. The proposed subdivision VTTM 3048 creates 22 residential lots within the same general development area as the prior map; a common open space parcel of 14.9- acres encompassing the steeper slopes and oak woodland (Lot 23); and a 0.85-acre 8/19/13 WALIJ\CE GROUP® CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 805 544-4294 www.wallacegroup.us Item 9.a. - Page 31 VTTM 3048 Project Description Revised Page 3 common lot over the detention basin (Lot 24). The common lots are to be maintained in perpetuity by the HOA. Creating a common lot over the steepest portions of the site allowed the residential lots to be reduced in size over the more gently sloped areas. The map proposes 18 residential lots at one-acre minimum in areas with less than 15% average slope; Lots 17-19 and 22, in the southeast corner, are 2.0 acres or larger in size where average slope exceeds 15%. The previously identified building limit line bisects Lots 3 through 1 O; an open space easement will be placed over that portion of those lots to match the previous building limit line and will be maintained by the individual lot owners. The total open space area of Parcel 24 plus the "no-build" open space easement over Lots 3-10 is 18.5 acres, consistent with the previous tentative map open space. See Exhibit 2, Proposed VITM 3048. Geologic. Soils and Seismic Soils and Geotechnical analyses were performed for the 16-lot VITM 1789 by Earth Systems Pacific in 1996 and Pacific Geoscience in 1997. No potentially significant effects were identified. The 22 proposed residential lots are located within the same development envelope as the previous 16 lots; proposed roads, utilities, and the drainage basin are in essentially the same locations. No change to the previous findings for geologic, soils or seismic hazard potential will result from this proposed application. Drainage and Erosion Control A Preliminary Drainage Report has been prepared to analyze the proposed project's consistency with the previous drainage design and to verify conformity with current requirements and standards for drainage and water quality. Project conditions for VITM 1789 included compliance with erosion control requirements for grading activities and preparation of a SWPPP prior to construction. The conditions also include compliance with requirements of the NPDES municipal storm water program. Therefore, the proposed VITM 3048 project would be subject to all current NPDES requirements of the County's Stormwater Management Program, including post-construction stormwater quality and erosion control, prior to issuance of construction permits. Analysis of the project drainage with increased site density finds that the previously approved drainage design is adequate for the proposed project. Further analysis in final design of the existing culvert outlet and the Castillo Del Mar Drive drainage system is recommended. Just as with the currently approved map, storm water quality requirements will be defined and met through preparation of a Stormwater Quality Plan and development of post-construction water quality BMPs in the final design. Biological Resources 1) Ephemeral Drainage, Waters of the United States Conditions for Tract 1789 required that a wetland delineation of the ephemeral drainage be prepared prior to construction permit to determine the presence and extent of "Waters of the US". If wetlands are present, a number of conditions apply to ensure that impacts are less than significant. The proposed project design is essentially the same as the previously approved tract, with the cul-de- sac road and drainage basin in the same location. The same project conditions would apply to the proposed VITM 3048 project. The approved basin design of TR 1789 is adequate for the higher density of TR 3048, so there is no change 8/19/13 WALLACE GROUP® CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 805 544-4294 www.wallacegroup.us Item 9.a. - Page 32 VTTM 3048 Project Description Revised Page 4 proposed to the design that would change the potential for wetland impacts to occur with this project. Althouse and Meade reviewed the drainage area for potential wetland species while conducting spring surveys. While no new wetland indicators were found, the Regional Board has imposed new regulations on drainage and erosion control that the project will be required to meet. The applicant has directed Althouse and Meade to begin a Jurisdictional Determination to evaluate the drainage and obtain formal concurrence, initiating the review and permitting process necessary for construction of either tract configuration. 2) Oak Woodland Impacts The previous FEIR found that lot development and fire clearance for defensible space could impact up to 13 oaks and a portion of the existing oak woodland on the site. The proposed project development is within the same area as the previous tract, and therefore the same potential for impacts would exist. Three lots of TR 3048 have the potential to impact oaks: Lots 1, 2, and 22; these are comparable to Tract 1789 Lots 1, 2 and 16. The same conditions for mitigation, including an Oak Impact Report and Oak Tree Mitigation and Monitoring Plan would appropriately apply to the proposed subdivision lots. No change to the potential for impacts to oaks would occur with the proposed 22-lot subdivision under conditions applied from TR 1789. 3) Sensitive and Special-Status Botanic Species Spring surveys were conducted on the project site by Althouse and Meade biologists in February through June of 2013. The site had been grazed periodically in the past but has remained undisturbed for several years. Small patches of native grassland habitat were found on the site, located within the oak woodland area on the proposed open space parcel, and in several patches in the southeast corner of the property near the drainage. Exhibit 3, Grassland Habitat, in this project description, and the Althouse & Meade Biological Assessment provided with this application. The approved 16-lot tract has no requirements for pre-construction surveys for sensitive plant communities as loss of the existing grassland was considered less than significant. The revised project proposes to create a separate HOA- maintained open space parcel and improve the quality of existing grassland habitat through enhancement and restoration planting as part of the project. The biological report prepared for the project includes a conceptual Native Grassland Enhancement Program to be implemented on the open space as a part of the project design. The proposed 22-lot project would enhance approximately 0.15 acre of existing native grassland patches in the open space, and plant native grasses in approximately 0. 75 acre area contiguous with existing native grassland patches. Planted areas would be in sites currently supporting annual grassland with potential to support native perennial grassland habitat. Enhancement activities would include weed removal and control. Planting activities would include installing plugs of native grasses, providing temporary irrigation, and controlling weeds for three years. The planting palette would be selected from species native to the site. 8/19/13 WALLACE GROUP® CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 805 544-4294 www.wallacegroup.us Item 9.a. - Page 33 VTTM 3048 Project Description Revised Page 5 This restoration element is not proposed as part of the approved 16-lot plan, but the native grassland impact would be the same with the approved plan as for the 22-lot plan. The 22-lot plan provides the superior outcome for native perennial grassland in the Study Area. With all the previous tract conditions of approval applied to this project, no changes to the potential for adverse biological impacts will occur with this project, and a beneficial impact would result from protection and expansion of native grassland habitat. 4) Sensitive Biotic Species The approved project was found to have the potential to disturb burrowing owl, active bird nests, dusky-footed woodrat nests, American badger, and other sensitive species. The proposed project development is within the same developable area as the previous project, and therefore the same potential for impacts would exist. Applying the same conditions for mitigation and monitoring would reduce the potential for impacts to a less than significant level. In addition, the creation of a separate open space parcel maintained by the HOA, instead of an open space easement across eight individually-owned parcels, increases the habitat protection of sensitive species for this area. Visual Resources VTTM 1789 identified a building limit line and height limits that minimized the potential for visual impacts to a less than significant level. The area beyond (north of) the building limit line was to be placed in an Open Space easement so that proposed homes on Lots 1-8 would be located south of that line. The approved project conditions imposed building height limitations on Lots 3, 4, 5 and 6 to restrict construction below a specified elevation above sea level, to reduce visibility and minimize disruption to the skyline. Exhibit 4, Visual Impact Restrictions, shows the new lot lines overlaid on the original lots, and illustrates the applicability of building height limits on the proposed lots. Lots 3-7 of TR 3048 are building envelope restricted to match the visual analysis mitigations conducted under the FEIR for TR 1789. These limits will be incorporated into the Codes, Covenants and Restrictions (CC&Rs) for the project to ensure that the impact of TR 3048 is no greater than the approved VTTM 1789. Fencing requirements and restrictions for the 22 lots would be the same as under the previous map, except that property line fencing would not bisect the open space under the current lot configuration as it could have under the approved 16-lot map. As designed, no new impacts would occur with the 22-lot subdivision that were not previously identified and mitigated in the FEIR to a less than significant level. Traffic and Circulation Associated Transportation Engineering, Inc. (ATE) previously prepared a traffic impact analysis for the 16-lot subdivision, and has prepared an update evaluating the change of six added lots for the revised 22-lot project. The primary access for the subdivision is Castillo Del Mar, connecting the proposed lots to Orchard Ave. and Fair Oaks Avenue, and eventually to Valley Road. A secondary connection is provided at Coast View Drive to the east; this access is gated with emergency-only use monitored by camera and CC&R stipulations, enforced by the HOA. 8/19/13 WALLACE GROUP® CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 805 544-4294 www.wallacegroup.us Item 9.a. - Page 34 VTTM 3048 Project Description Revised Page 6 A component of this project's approval is the negotiated MOU with the City of Arroyo Grande to construct a through-road connection to Valley Road across the back of the Arroyo Grande High School. The MOU involved purchase of a 1.2 acre portion of an agricultural field adjacent to the high school to allow Castillo Del Mar to extend to Valley Road. The City acted as lead agency to process the lot line adjustment and CEQA review for acquisition of that right-of-way located in the City limits. Under the MOU, the 16-lot subdivision project is conditioned to pay significant traffic and agricultural impact fees to the City of Arroyo Grande for construction of this road. In the current market, the per-lot cost for these fees rendered the 16-lot project infeasible. The goal of this application is to spread this cost over 22 lots without generating any new, unmitigated impacts. The updated Traffic Analysis prepared by ATE dated March 6, 2013 for VTTM 3048 finds that the small increase in peak hour trips (5 AM trips and 6 PM trips) would not change existing levels of service and would not generate any new impacts. Traffic- related conditions of approval for the prior project would therefore be sufficient to render the potential for impacts to a less than significant level, including the requirements for payment of traffic and ag impact fees to the City of Arroyo Grande. Air Quality and Greenhouse Gas Effects The FEIR analyzed air quality and found a potential for impacts from construction emissions for TR 1789. Conditions were imposed to manage construction emissions and dust that reduced the potential for impact to a less than significant level. The original project was found to be inconsistent with the County's Clean Air Plan (CAP), which encourages increased density in urban areas over rural areas. For this particular case, the inconsistency is not significant because the density is consistent with what was assumed in the last CAP update, and because the project is adjacent to the City of Arroyo Grande urban area. A third finding was that forecast modeling (URBEMIS) identified that vehicles in the near future would produce substantially lower emissions. The project was conditioned to pay mitigation fees for air quality impacts to help fund strategies to improve air quality in the South County. With TR 3048, the mitigation fees would apply to 22 lots instead of 16 lots. The Air Quality and Greenhouse Gas Assessment prepared by Ambient Air Quality and Noise Consulting (May 8, 2012) evaluated the 22-lot subdivision for short-term and long-term thresholds of significance using the most currently available criteria (SLOAPCD CEQA Air Quality Handbook 2012). The report summary on Page 6. finds that: In comparison to the impact assessment prepared for the previously proposed 16-lot subdivision, implementation of the proposed 22-lot subdivision would not result in any new significant air quality impacts. However, it is recommended that mitigation measures for the control of fugitive dust emissions be updated to be consistent with current SLOAPCD guidance. Short-term and long-term emissions of GHGs attributable to the proposed project would not exceed the SLOAPCD's bright line significance threshold of 1, 150 MT C02e/year and, therefore, would be considered to have a less than significant impact. Water Supply 8/19/13 WALLACE GROUP@ CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612CLARIONCT SAN LUIS OBISPO CALIFORNIA 93401 T 805544-4011 F 805 544-4294 www.wallacegroup.us Item 9.a. - Page 35 VTTM 3048 Project Description Revised Page 7 Water supply was not an issue of concern for the project in the 2008 FEIR and the site is outside the Nipomo Mesa Management Area (NMMA). The 16-lot tract has a valid will-serve letter from Rural Water Company, which is subject to the NMMA, and project conditions included the strict indoor and outdoor water conservation measures required in the Management Area. For Tract 1789, water use based on the landscape restrictions is estimated to be 0.35 acre-feet per year (AFY) per unit, or 5.54 AFY for the project. Although Rural Water Company staff believes that they can provide the water to service the proposed 22 lots, they are unable to identify a source of supplemental water for the additional lots pursuant to County requirements. The applicant has requested an Intent-to-Serve Letter to provide water service to the 22 lots from the City of Arroyo Grande. The City is able to serve the project if it is within the City's Sphere of Influence (SOI) and LAFCO staff supports this action because the Project site is surrounded by the City on three sides. The details of the SOI application and water agreement will be resolved in the next few months, but the intent is to secure 7.5 AFY for the project by way of a Memorandum of Understanding with the City as part of an annexation application process. The Applicant will retrofit existing high-consumption properties within the City to conserve water at a 2:1 to achieve a positive balance in the City. The applicant is proposing to limit indoor and outdoor water use of this subdivision per the standards required of TR 1789 to keep total water use to 0.35 acre-foot per year per unit. The six additional lots will require an additional 2.1 afy over TR 1789, for a total of 7.63 afy. See Exhibit 5, Water Demand Comparison and Exhibit 6, Cleath Letter. Sewer Service Tentative Tract 1789 was approved with sewer service to be provided by South San Luis Obispo County Sanitation District (SSLOCSD). The sewer service is to be provided through an executed Outside User Agreement between SSLOCSD and the City of Arroyo Grande; a copy is submitted with this application. A Sphere of Influence (SOI) revision bringing the project into the District's Sphere of Influence was certified by LAFCO on April 4, 2001 (OR Doc #2001-027120) to complete the agreement. That agreement included reference to the payment of fees through the County Tax Rolls, and the mechanism for that fee transfer is not clear to the District Staff at this time. District staff has· committed to reviewing the terms of the agreement to determine the specifics of updating it, and in the interim has provided a Letter of Intent to serve the 22 lots of VTTM 3048, attached as Exhibit 7. Future Annexation Consistency with City Zoning An agreement to serve this project with water by the City of Arroyo Grande would require annexation to the City's Sphere of Influence. Inclusion in the City's sphere could eventually result in annexation into the City. The project as proposed is generally compatible with the City's Residential Hillside (RH) zoning district, found under Chapter 16.32.020 of the City Zoning Code. 8/19/13 16.32.020.B: Residential Hillside (RH) District. The primary purpose of the RH district is to provide for and protect rural atmosphere and lifestyles, as well as to provide for protection of existing hillside WALLACE GROUP@ CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612CLARIONCT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544·4011 F 805 544·4294 www.wallacegroup.us Item 9.a. - Page 36 VTTM 3048 Project Description Revised Page 8 areas in accordance with general plan policies. This district is intended as an area for development of low density, large lot, single-family detached and small lot single-family detached residential dwelling units at a maximum density of one dwelling unit per 1.5 gross acres. Cluster development is encouraged in order to protect the environment. Other uses may be considered through a planned unit development or similar mechanism. Density: The maximum density of RH is one unit per 0.67 gross acres; the project proposes 22 lots on 47.9 gross acres, or 1 unit per 2.1 acres. Secondary dwelling units are allowed on the site under the current County zoning but are not proposed at this time; if secondary units were constructed on all lots, the 22-lot subdivision would not be within the City's density limit for RH. Site Development Standards: Tract 3048 as proposed compares to City of Arroyo Grande Residential Hillside (RH) zoning standards as follows: i City of Arroyo Grande Table City of AG TR 3048 Project 116.32.050-A RH Zoning J Maximum density (DUs per gross 0.67 .50 (1 unit) or 1.0 (with 2"a units) 1acre) Minimum building site 49,000 Smallest Building Envelo12e areas: (Net area in sq. ft.) (New subdivisions) Lot 1. = 20, 701 sf Lot 5 = 10,533 sf Lot 6 = 12,970 sf Lot 14 = 14, 423 sf I Lot 21 = 17,985 sf I Minimum lot width new subdivisions 130" Building Env Shortest Dimensions: I Lot 8 = 114' min, wedge-shaped l i Lot 9 = 95' min, wedge-shaped j Lot 1 O = 119 min, wedge-shaped i Lot 16 -80', wedge-shaped I I Lot 18 = 40', wedge-shaped, 2 acres Lot 13 = 52' min, 5-sided, 200' max i Lot 21 = 63' min, -118' ave. width I Minimum lot depth new subdivisions 200" Lot 1 = 192' one side Lot 2 = 192' one side Lot 11 = 180' one side Lot 12 = 191 ' one side I Minimum front yard 35" 25' i (New subdivisions of 5+ lots) j Minimum interior side yard setback 10% of lot 30' (CalFire) width I J Minimum street side yard setback 15% of lot 30' I width 8/19/13 WALLACE GROUP® CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP. A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 80 5 544-4294 www.wallacegroup.us Item 9.a. - Page 37 VTTM 3048 Project Description Revised Page 9 Minimum rear yard setback Maximum lot coverage Maximum Building Height Exhibits Attached Exhibit 1, Approved VTTM 1789 Exhibit 2, Proposed VTTM 3048 40" 35% 30'or2 stories Exhibit 3, Grassland Habitat Enhancement Exhibit 4, Visual Impact Restrictions 30' NA 35' (Lots 3-7 have visual height limits) Exhibit 5, Water Demand Comparison (dated 5-1-2013) Exhibit 6, Cleath and Associates Letter dated March 13, 2013 Exhibit 7, Letter of Intent to Serve, South SLO County Sanitation District, 6-27-13 8/19/13 I WALLACE GROUPe CIVIL AND TRANSPORTATION ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING I GIS SOLUTIONS WATER RESOURCES WALLACE GROUP A California Corporation 612 CLARION CT SAN LUIS OBISPO CALIFORNIA 93401 T 805 544-4011 F 805 544-4294 www.wallacegroup.us Item 9.a. - Page 38 :::> •. VESTING TENTATIVE TRACT MAP 3048 PROPOSED 8UBDMSION OF REMAINDER TRACT NO. 2207 •SI.II ACRES PORTION PARCEL A AGAL 1!15-J78 40 PM 4 APN075-021-021!1 APN075-0ll-042 TOTAL AREA• ~18 ACRES ',\ N.T.S. VICINITY MAP --.............. --t-~~ I IOI ~ --ii:-~ri-- 11 11• 100 ~}-~~~!! --::-~~!!_~~ "' -~-~~ II a'20 Jtu " LEGEND ~&Al'IUJllOlltll'O -··-··-CITYllMITIUNI! cnvoP .. ltllOYOGllANDE lOTNUlllB!"lt Nl!'T.t.tfft•GllOISAcr• (!}· Cl!tf'll!ltla.IE25VllDl!£MUGflCY~CfUfAll!11£"1 Pflllllll21U.CCE'11!0P(ll2tUf-1:111DJ'lTOllQ.UIDOOl£D .lLllXITAHCEllHCVM .. REVI lt.ll!V£l'F[£T ©-Pl/llllCwr.T[lt PU[WAlllll ..... Klnl!IM:CEllEASl!Mt:NT OIST!NG ... PtlS APN07il-021.ail 51,\CAE.li ,t.PNOt5"021.00 ..»._CR[S ~£11 ~LAND PAltTNEAIHIP LP l32CAEEJ(VIEWWAY o\Ri:tOYO ORANDE CA D3421J PltOP09£01JSE RESIOCHTIAL PAOl>OSEDW .. TERl5UPP\.'f PROPOSED 6EWAC:.E DISPOSAL SURVEY NOTES •UDl:IT....CUIN:l-HIU.a aJllVll•rl!T ~:!~:~~~!~Tc~!.EPORT. O•OUNUlllHlt -IUll".MloLll EXISllNOEAIEMENTINOTPLOTTED -l-!IOl•~TTCO•lllfAL.1.aOffEl!IOUltlQCAIJTILJJ)lll.ll.IU -""'"""ro••lf••u.•o"lllT' ~-.. ... .....000: U)Tlwcto•nuct:D1111- j ' j ·~1· l """"'""' I <"..:';:! ! ·-" " " ! '·;~~ 11 ~!lh I L .:.'.\:~:.~;:. --· CIDllllID•~U·UI TYPICAL •DEST ••cno ... II WAUACE GROUP. ~J---·-------·--§:~::§::!:.= ~ 0 $ ~ &: 0 a. :::J u. < 0 ;t :i; 0 I-. 0 0 .c 0 g .5 s "' ~ lj; " "' I-iii ~ ~ J: "' "' !!! < iii :i; 0 " -' !!l z w 3 F c "' ;!: z !li "' ;)j 5 Item 9.a. - Page 39 I Planning Commission 2-16 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 16 CONDITIONS -EXHIBIT B Approved Development · ATTACHMENT 3 1. This approval authorizes the division of a 48. 7 4-acre parcel into 22 residential lots of approximately 1.0 to 2.15 acres in size, one 14.9-acre common open space parcel (non- buildable), one 0.85-acre common lot (detention basin), construction of one 210,000- gallon water tank and access drive, abandonment of an existing 25-foot wide emergency access easement, and implementation of a Bunchgrass Restoration Plan (Wallace Group, June 11, 2013). Proposed revised Tract 3048 (the "Tract") is currently located in the unincorporated territory of San Luis Obispo County and is subject to approval and conditions of approval imposed by the County of San Luis Obispo ("County"). At the request of the applicant · and County, the City of Arroyo Grande recently applied b the San Luis Obispo County Local Agency Formation Commission for and received a Sphere of Influence Amendment to include the property underlying the Tract, which was required in order for Arroyo Grande to serve the Tract with water. It is anticipated that the Tract will be annexed into the City of Arroyo Grande prior to Final Map approval. As a result, the City of Arroyo Grande staff has worked with the County of San Luis Obispo staff and the applicant to address the requirements and concerns, and to mitigate impacts identified by each respective entity through the conditions of approval imposed upon Tract 3048 by the County. In the event that any City and County conditions conflict, the more stringent condition shall prevail. Access and Improvements 2. Prior to final map approval, roads and streets shall be constructed to the following standards unless design exceptions are approved by the Public Works Department in accordance with Section 1.2 of the Public Improvement Standards: a. New roads identified as Castillo Del Mar, Road 1, and Road 2 on the vesting tentative map shall be shall be constructed to an A-2c (urban) road within a minimum 52-fooot dedicated right-of-way easement with additional easement width as necessary to contain all elements of the roadway prism. This road shall provide access to the southerly limit of the project for to emergency vehicles, pedestrians and not motorized vehicles. b. Secondary access road constructed to an A-6a (urban cul-de-sac) section from the property to Valley Road (minimum paved width to be 40 feet) within a minimum 52- foot dedicated public right-of-way. c. All roadway grading shall be done in accordance with Appendix Chapter 33 of the 1997 Uniform Building Code. All lot lines shall be considered as Site Area Boundaries with slopes setback accordingly. d. Public emergency access road shall be constructed from the southerly end of Castillo Del Mar to the existing alignment of Coast View drive. This road· shall conform to current CAL FIRE standards and shall be constructed to provide emergency vehicle access, unrestricted pedestrian access and non-motorized vehicle access. Access to other motorized vehicle shall be restricted. 3. Prior to final map approval, the applicant shall offer for dedication to the public the following easements by certificate on the map or by separate document: Item 9.a. - Page 40 Planning Commission 2-17 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 17 a. A public utility easement along Castillo Del Mar, Road 1, and Road 2 to be described as 10-feet beyond the right-of-way, plus those additional easements as required by the utility company, shall be shown on the final map. b. Drainage easement(s) as necessary to contain both existing and proposed drainage improvements where those improvements accept storm water from the proposed roads. c. Access easement from Castillo Del Mar to Coast View Drive for public road, drainage, and utility purposes. d. A 25-foot radium property line return at the inter5ection of all streets. e. The 52-foot road easement terminating in a county cul-de-sac as shown on the tentative map. 4. The applicant shall show the following restrictions by certificate on the map or by separate document: a. If drainage basin(s) are required then the basin areas shall be indicated as a building restriction on the map. 5. The drainage basin along with rights of ingress and egress shall be offered for dedication to the public by certificate on the map with an additional easement reserved in favor of the owners and assigns. 6. Roads and/or streets shall be maintained as follows: a. Castillo Del Mar, Road 1, Road 2 and the public access to Coast View Drive may not be accepted for County maintenance following completion and certification of the improvements. The developer shall establish a Property Owners' Association or other organized and perpetual mechanism to ensure adequate private maintenance, acceptable to the Department of Planning & Building. 7. All grading shall be done in accordance with Appendix 33 of the Uniform Building Code. All lot lines shall be considered as Site Area Boundaries with slopes setback accordingly. Improvement Plans 8. Improvement plans shall be prepared in accordance with County Public Improvement Standards by a Registered Civil Engineer and submitted to the Department of Public Works and the county Health Department for approval. The plan is to include, as applicable: a. Street plan and profile. b. · Road plan and profile for the onsite shared access road improvements. c. Drainage ditches, culverts, and other structures (if drainage calculations require). d. Water plan to be approved jointly with County Environmental Health. e. Sewer plan to be approved jointly with County Environmental Health. · f. Sedimentation and erosion control plan for subdivision related improvement locations. g. Public utility plan, showing all existing utilities and installation of all new utilities to serve each lot. · 9. The applicant shall enter into an agreement and post a deposit with the County for the cost of checking the map, the improvement plans, and the cost of inspection of any such improvements by the County or its designated representative. The applicant shall also Item 9.a. - Page 41 2-18 Planning Commission _ Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 18 provide the county with an Engineer of Work Agreement retaining a Registered Civil Engineer to furnish construction phase services, Record Drawings and to certify the final product to the Department of Public Works. 10. The Registered Civil Engineer, upon completion of the improvements, shall certify to the Department of Public Works that the improvements are made in accordance with all conditions of approval, including any related land use permit conditions. and the approved improvement plans. All public improvements shall be completed prior to occupancy of any new structure. 11. If environmental permits from the Army Corps of Engineers or the California Department of Fish and Game are required for any public improvements that are to be maintained by the County, the applicant or his engineer, prior to the approval of the plans by the Department of Public Works shall: a. Submit a copy of all such permits to the Department of Public Works OR b. Document that the regulatory agencies have determined that said permit is not required. Drainage 12. Prior to approval of final map, all existing drainage features to be contained in drainage easements shall be dedicated on the map, to the satisfaction of the Department of Public Works. 13. Prior to approval of the final map, the applicant shall submit complete drainage calculations to the Department of Public Works for review and approval. Drainage must be retained or detained in a shallow drainage basin on the property [21.03.010(e)(2)]. The design of the basin shall be approved by the Department of Public Works, in accordance with county standards. 14. Prior to approval of the final map, the drainage basin along with rights of ingress and egress shall be reserved as a drainage easement in favor of the owners and assigns. 15. The project shall comply with the requirements of the National Pollutant Discharge Elimination System Phase I and/or Phase II storm water program and the County's Storm Water Pollution Control and Discharge Ordinance. Stormwater Pollution Prevention 16. Prior to approval of the final map, the applicant shall update the Preliminary Drainage Report (dated June 28, 2013) and the project design to reflect revisions to 22.10.155 Stormwater Management Ordinance. The Preliminary Drainage Report shall be approved by Public Works. 17. In accordance with the Land Use Ordinance, Section 22.10.155 for Stormwater Management, the Registered Civil Engineer shall provide certification of the best management practices (BMPs) used and shall demonstrate compliance with all applicable standards in the ordinance, prior to approval of the final map. Item 9.a. - Page 42 Planning Commission 2-19 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 19 Soils Report 18. A final soils report by a Registered Civil Engineer shall be submitted. for review prior to the final inspection of the improvements. 19. Three (3) copies of a Preliminary Soils Report prepared by a Registered Civil Engineer in accordance with Sections 17953, 17954, 17955 of the California Health and Safety Code shall be submitted to the Public Works, Health and Planning and Building Departments prior to the filing of the final parcel or tract map. The date and person who prepared the report are to be noted on the map. Utilities 20. All new underground electric power, telephone and cable television services shall be completed to each new parcel and ready for service. Applicant responsibilities for electric service and distribution line extensions (facilities and equipment) are detailed in PG&E Electric Rule No.15 and Rule No.16, respectively. 21. Prior to final map recordation, electric, telephone, and cable television services shall be completed, and shall meet the utilities' installation requirements, unless (in-lieu) financial arrangements with the utility for the installation of these systems have been made. 22. New gas distribution mains shall be installed along the entire project frontage(s) and gas service laterals shall be stubbed to each new parcel unless otherwise directed by the gas purveyor. Design 23. The lots shall be numbered in sequence. 24. The applicant shall apply to the Department of Planning and Building for approval of new street names prior to the filing of the final parcel or tract map. Approved street names shall be shown on the final parcel or tract map. · 25. Prior to approval of the final map, an open space easement shall be recorded for Lot 24. The easement shall be held in common by the Homeowner's Association, and shall be maintained as such in perpetuity. 26. Prior to approval of the final map, the applicant shall place the portions of lots 3 through 10 that are outside of the Building Limit Line into a permanent open space easement for the purpose of protecting the existing native trees on each subject parcel. No development (except for fences as specified in conditions for landscape plans) or uses shall be allowed within the open space easement that would change the natural · · appearance of this area. The specific language of the open space easement shall be subject to review and approval by the San Luis Obispo County Department of Planning and Building. Vector Control and Solid Waste 27. A determination of method of pick-up shall be specified by the waste handler and if centralized facilities for the pick-up are required, provisions shall be made within the project for central facilities that meet Land Use Ordinance requirements for trash enclosures. If centralized facilities are established, this shall include provisions for Item 9.a. - Page 43 Planning Commission 2-20 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 20 recycling if service is·'available or subsequent installation of such facilities if recycling service becomes available in the Mure. Fire Protection 28. For all residential structures, provide minimum fire flow of 1,000 gallons per minute at 20 to 150 psi, as per nationally recognized standard. Fire flows to be maintained for a minimum two hour duration. 29. The applicant shall obtain a fire safety clearance letter from Cal Fire establishing fire safety requirements prior to filing the final parcel or tract map. Parks and Recreation (Quimby) Fees 30. Unless exempted by Chapter 21.09 of the county Real Property Division Ordinance or California Government Code section 66477, prior to filing of the final tract map, the· applicant shall pay the in-lieu fee that will be used for community park and recreational purposes as required by Chapter 21.09. The fee shall be based on the total number of new parcels or remainder parcels shown on the map that do not already have legal residential units on them. lnclusionarv Housing 31. Prior to filing the final tract map, the applicant shall enter into an inclusionary housing agreement to ensure the construction of inclusionary housing unit(s), in conformance with Section 22.12.080. As an alternative, the applicant may pay the residential in-lieu fee pursuant to Section 22.12.080.C.2.b, or defer in-lieu fee payment pursuant to Section 22.12.080.J.4.c. City of Arroyo Grande Fees 32. Prior to the Final Map approval, the applicant shall pay an affordable housing in-lieu fee pursuant to Arroyo Grande Municipal Code Section 16.80.050.B. 33. Prior to Final Map approval or two (2) years from the approval of this Vesting Tentative Tract Map ·3048, whichever is earlier, the applicant shall pay to the City of Arroyo Grande $582,500 for the extension of Castillo Del Mar from its present terminus to Valley Road. 34. Prior to Final Map approval or two (2) years from the approval of this Vesting Tentative Tract Map 3048, whichever is earlier, the applicant shall pay to the City of Arroyo Grande $100,000 for mitigation of the loss of prime agricultural land. Easements 35. An open space easement shall be recorded for the open space parcel (Lot 24). It is to be held in common by the Homeowner's Association or transferred to a public trust or conservancy agency approved by the Department of Planning and Building. The open space parcel is to be maintained as such in perpetuity. Item 9.a. - Page 44 Planning Commission 2-21 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 21 Landscape Plans 36. The applicant shall submit detailed landscaping plans in compliance with Chapter 22.16/Section 23.04.180 et seq. to the Department of Planning and Building for review and approval prior to approval of improvement plans or filing of the final tract map, whichever occurs first. Said plans shall include the location, species, size, and method of maintenance· of all proposed plant mate.rials. All proposed plant materials shall be of a drought tolerant variety and be sized to provide a mature appearance within three years of installation. The plan shall include: a. Drainage basin fen.cing. b. Drainage basin perimeter landscape screening. c. Landscaping for erosion control. d. Landscaping plans, planting materials, and irrigation shall be consistent with the Nipomo Mesa Water Conservation Standards of Section 22.112.020(F) of the Land Use Ordinance. 37. All approved landscaping shall be installed or bonded for prior to completion of the improvements or filing of the final tract map, whichever occurs first, and thereafter maintained in a viable condition on a continuing basis. If bonded for, landscaping shall be installed within 90 days of completion of the improvements. Additional Map Sheet 38. The applicant shall prepare an additional map sheet to be approved by the county Department of Planning and Building and the Department of Public Works. The additional map sheet shall be recorded with the final tract map. The additional map sheet shall include the following: a. Notification to prospective buyers that all subdivision roads and streets are to be privately maintained, indicating the proposed maintenance mechanism. b. The owner(s) of lots 1 through 22 are responsible for on-going maintenance of drainage basin and adjacent landscaping in a viable condition on a continuing basis into perpetuity. The basin(s) area shall be indicated as a building restriction. c. All driveway approaches shall be constructed in accordance with County Public Improvement Standards. All driveway approaches constructed on County roads or project related roads to be accepted for County maintenance shall require an encroachment permit. d. The limits of inundation from a 100 year storm shall be shown on the additional map sheet. e. If improvements are bonded for, all public improvements (roads, drainage, and utilities) shall be completed to the satisfaction of the County prior to occupancy of any new structure. f. The applicant shall demonstrate that the project construction plans are in conformance with the Source Control BMPs as identified for project incorporation in the applicant's Stormwater Quality Plan Application for Priority Projects. g. Designated building sites (and access drives) shall be shown on the additional map sheet reflecting the approved tentative map. At the time of application for construction permits, the applicant shall clearly delineate the approved building site and access drive on the project plans. h. In the event archaeological resources are unearthed or discovered during any ·construction activities, the following standards apply: Item 9.a. - Page 45 Planning Commission 2-22 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 22 i. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law. ii. In the event archaeological resources are found to include human remains, or in any other case where human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department arid Environmental Coordinator so that proper disposition may be accomplished. i. Effective February 25, 2000, the APCD prohibited developmental burning of vegetative material within San Luis Obispo County. Under certain circumstances where no technically feasible alternatives are· available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. If you have any questions regarding these requirements, please contact the APCD Enforcement Division at 781-5912. j. Prior to issuance of building permits for individual lot development, In the instance wood burning stoves are proposed, the applicant shall submit building plans showing the use of APCD-approved wood burning devices limited to the following: i. All EPA-Certified Phase II wood burning devices; ii. Catalytic wood burning devices that emit less than or equal to 4.1 grams per hour of particulate matter that are not EPA-Certified but have been verified by a nationally-recognized testing lab; iii. Non-catalytic wood burning devices that limit less than or equal to 7.5 grams per hour of particulate matter that are not EPA-Certified but have been verified by a nationally-recognized testing lab; iv. Pellet-fueled woodheaters, and; v. Dedicated gas-fired fireplaces. k. Prior to issuance of building permits for individual lot development, the following conditions shall apply to Lots 3, 4, 5, 6, 7, 8, 9, and 10: i. Those portions of development on Lot 3 that are more than 100 feet from Castillo Del Mar Drive shall not exceed an elevation of 25 feet above natural grade. ii. The top of any development on Lots 4 and 5 shall not exceed an elevation of 290 feet above sea level (based on contour maps used in this document). iii. The top of any development on Lots 6 and 7 shall not exceed an elevation of 295 feet above sea level (based on contour maps used in the Final EIR). iv. No development shall exceed 35 feet above natural grade. I. The following shall be noted on plans prior to issuance of subsequent grading permits and incorporated into all future development: i. The applicant shall clearly delineate the height of new development on the project plans. All development on Lots 3, 4, 5, 6, and 7 shall not exceed the heights shown above and as defined in the County of San Luis Obispo Land Use Ordinance, Section 22.10.090, as follows: "The height of a building or structure shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the vertical plane of the exterior walls would touch the natural grade level of the site". Item 9.a. - Page 46 Planning Commission 2-23 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 23 ii. The applicant shall clearly delineate all fencing proposed for areas outside of the "Building Limit Line" on the project plans for Lots 3, 4, 5, 6, 7, 8, 9, and 10. All fencing proposed for the areas outside of the "Building Limit Line" shall conform to the following: 1) No proposed fencing shall be constructed of solid, flat planes; 2) Fence colors shall be similar to surrounding natural colors and no brighter than 6 in chroma and value on the Munsell Color Scale on file in the County Department of Planning and Building; and, 3) White paint or other white materials shall be prohibited. m. Prior to issuance of construction permits for individual lot development, the applicant shall submit architectural elevations of all proposed structures to the Department of Planning and Building for review and approval. n. The County Department of Planning and Building shall review elevations, which shall include the parameters specified below. The elevations shall show forms, dimensions, exterior finish materials and colors, as follows: i. Building colors shall be similar to surrounding natural colors and no brighter than 6 in chroma and value on the Munsell Color Scale on file in the County Department of Planning and Building. ii. Exterior wall colors shall be limited to muted earth tones and white paint shall be prohibited. iii. Roof colors shall be limited to deep earth tones, deep muted reds, browns and grays and no brighter than 6 in chroma and value on the Munsell Color Scale on file in the County Department of Planning and Building. Shiny metal roofs, bright orange, red, or blue shall be prohibited. o. The height of new development for Lots 6 and 7 shall be clearly .delineated on project plans, and shall not exceed an elevation of 295 feet above sea level, as shown for the tentative tract map contour mapping .. p. Prior to issuance of construction permits, the appl_icant shall submit architectural elevations of the water tank and related support facilities to the Department of Planning and Building for review and approval. The elevations shall show forms, dimensions, exterior finish materials and colors, as follows: i. Exterior colors shall be similar to surrounding natural colors and no brighter than 6 in chroma and value on the Munsell Color Scale on file in the County Department of Planning and Building. ii. Shiny metal components shall not be used. q. Prior to issuance of construction permits, the applicant shall submit landscape plans for the water tank site to the Department of Planning and Building for review and approval. The plans shall show oak trees and native shrubs planted on the southern, . eastern and western sides of the water tank and pump facilities, with a goal of fully screening the tank and support equipment from Key Viewing Areas (KVAs). Revegetation monitoring shall be conducted until at least 75 percent screening is achieved. r. Prior to issuance of construction permits for individual lot development, the landowner shall submit plans showing the location of existing oak trees, the diameter at breast height, and if they will be removed or impacted (disturbance within the dripline including trimming) within 25 feet of .project boundaries. Up to thirteen oak trees may. be removed or impacted by the development and additional trees may be trimmed for fire prevention measures. s. Prior to issuance of construction plans for individual lot development, the applicant shall comply with the approved Oak Tree Mitigation and Monitoring Plan and Bunchgrass Habitat Revegetation Maintenance and Monitoring Plan. The Oak Tree Mitigation and Monitoring Plan and Bunchgrass Habitat Revegetation Maintenance and Monitoring Plan shall be written per the County's Mitigation and Monitoring Plan Guidelines. At a minimum the plan shall include goals, performance standards, and Item 9.a. - Page 47 Planning Commission 2-24 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 24 remedial measures to implement if the perfonnance standards are not met. The plan shall provide for the replacement, in kind at a 4: 1 ratio all oak trees removed as a result of the development of the project, and in addition, shall provide for the planting, in kind at a 2:1 ratio, of oak trees to mitigate for trees impacted but not removed. Tree removal shall not be permitted outside of the "building limit line." Native grassland shall be replaced at a minimum 1: 1 ratio. The Oak Tree Mitigation and Monitoring Plan shall include, but not be limited to, the following tree planting guidelines, which shall be printed on all applicable plans: INITIAL PLANTING Replanting shall be completed as soon as it is feasible (e.g. irrigation water is available, grading done in replant area). If possible, planting shall be completed in the late fall or winter months (October to January). If planting cannot occur during these optimal months, a landscape irrigation plan shall be submitted prior to construction permit issuance showing how plants will be watered on a regular basis. If planting occurs outside of optimal months, a thorough watering will be completed at the time of planting. Replant areas shall either be either in native topsoil or areas where native topsoil has been reapplied. If the latter, top soil shall be carefully removed and stockpiled for spreading over graded areas to be replanted (setting . aside enough for 6-12" layer for entire tree replant area). Stockpile areas shall be shown on all applicable grading and/or construction plans. Planting hole depths shall exceed container depths to sufficiently avoid roots from turning upwards. Soil returned around containers shall be compacted sufficiently to eliminate air pockets. To provide for greatest success for replacement oaks, planting stock should be either seedlings (preferred) or up to one-gallon container sizes. Small seedlings should be tubed. Clustering of seedings in groups of two to four is preferred (but would need to maintain the overall on-center plant average described below. Where possible, planting should be outside of, but as near as possible to, existing driplines of oak trees. Average tree planting densities shall be no greater than one tree every 20 feet and shall average no more than four planted trees per 2,000 square feet, unless it is shown to the county by a qualified biologist that existing average tree (with five-inch diameters or more) densities are greater. Where natural densities are shown to be greater than one tree every 2,000 square feet, planting densities (4:1) could match that density. This average planting density, and respective area needed, will be reflected on all applicable construction plans. In the event that inadequate on-site area exists for replanting of replacement trees, a fee per equivalent tree removed shall be applied, pursuant to the County Guidelines for Tree Protection. Location of newly planted trees should adhere to the following, whenever possible: on the north side of and at the canopy/dripline edge of existing mature native trees; on north-facing slopes; close to drainage swales/gullies (except when riparian habitat present); where topsoil is present; at least 25 feet away from continuously wet areas (e.g. lawns, leach lines); random and clustered planting patterns to create natural appearance, and;· planting locations away from known animal populations (e.g., squirrels, gophers). MAINTENANCE AND PROTECTION These newly planted trees shall be maintained until successfully established. The following planting and maintenance measures are necessary for successful . establishment, and shall be included as part of monitoring efforts: provide and maintain protection (e.g. tree shelters, caging) from animals (e.g., deer, rodents); regular mulching and weeding (minimum of once early Fall and once early Spring) of at least a three foot radius out from plant (or larger area may be needed to ensure Item 9.a. - Page 48 Planning Commission 2-25 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 25 survivability of the trees); adequate watering (e.g., drip-irrigation system), and watering should be controlled so only enough is used to initially establish the tree, and reducing to zero over a three year period; avoidance of planting between April and September unless irrigation system with timer is provided, where trees are watered one gallon every four weeks (may vary); application of standard planting procedures (e.g., planting tablets, initial deep watering, etc.}, and; when planting with, or near, other landscaping, all landscape vegetation within the eventual mature oak tree root zone (25-foot radius of planted oak) will need to have similar water requirements as the oak (including no summer watering once established). Protection of newly planted trees shall include the following measures, and be shown on all applicable plans prior to issuance of construction permit for lot development: i. An above-ground shelter (e.g., tube, wire caging) shall be provided for each tree upon planting, and shall be of sturdy material that will provide protection from browsing animals for no less than seven years (unless monitor determines the trees are successfully established). ii. Caging to protect roots from burrowing animals shall be inst~lled when the tree is planted, and be made of material that will last no less than seven years. iii. Each shelter shall include the following, unless manufacturer's instructions recommend a more successful approach: A. Shelter shall be secured with stake that will last seven years; B. Height of shelter shall be no less than three (3) feet; C. Base of shelter shall be buried into the ground; D. Top of shelter shall be securely covered with plastic netting, or better, and last for no less than seven years; and, E. If required planting is located in areas frequented by deer, tube/caging heights shall be increased to at least four feet or plantings shall be protected with deer fencing. To provide for adequate weed control around replacement trees, while still minimizing impacts to other existing sensitive vegetation, the following approach will be needed: 1) the newly:-planted tree shall be fully protected during application of herbicides; and 2) either installation of a securely staked "weed mat" (covering at least a three-foot radius from center of plant}, or hand removal of weeds (covering at least a three-foot radius from center of plant) will be completed for each plant (where hand removal weeding will be kept up on a regular basis (at least once in late spring [April] and once in early winter [December]). This should be done until tree is at least three feet tall. Use of weed-free mulch (at least three inches deep), with regular replenishment, may be substituted for weed mat. GRASSLAND RESTORATION AND ENHANCEMENT Native grasses shall be planted within Lot 24 contiguous with existing native grassland patches (refer to Bunchgrass Restoration Areas, prepared by Wallace Group, June 11, · 2013). Enhancement actions shall include weed removal and control. Planting activities shall include installation of plugs of native grasses, provision of temporary irrigation, and weed control for a period of three years (minimum). The planting palette shall be selected from species native to the project site. Upon initial plantings, the qualified individual shall conduct quarterly inspections of the restoration areas for a period of no less than five years to ensure establishment and identified grassland restoration areas on Lot 24. Inspection reports shall be provided to the Department of Planning and Building on a quarterly basis, and shall document consistency with the approved Plan and any remediation actions taken to ensure consistency. Item 9.a. - Page 49 Planning Commission 2-26. Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 26 t. Prior to final inspection of individual residences, the landowner shall replace, at a 4:1 ratio, coast live oak trees to be removed at a 2:1 ratio, the coast live oak trees that would be impacted as a result of grading and implementation of fire prevention measures including oak tree limb trimming. Replacement trees shall be located on the project parcel outside of the buildable area within existing oak woodland. Native grassland shall be replaced at a 1 : 1 ratio within Lot 24, consistent with the Bunchgrass Restoration Areas plan (Wallace Group, June 11, 2013). u. To promote the success of the new trees, the applicant shall retain a qualified individual (e.g., arborist, landscape architect/contractor, certified arborist, certified nursery person, botanist) to prepare a letter stating the required planting and protection measures have been completed. This verification letter shall be submitted to the Department of Planning and Building prior to final inspection of each residence. The letter shall specify the following: 1) when planted; 2) type and container size of vegetation planted; 3) approximate planting locations; and, 4) health of plants at the time of planting or when observed. GPS coordinates and photo- documentation shall be provided. The retained individual shall monitor the survivability and vigor of the planted trees until they are successfully established, and shall prepare annual monitoring reports for a minimum of seven years. The first monitoring report shall be submitted to the County Environmental Coordinator one year after the initial planting and thereafter on an annual basis until the monitor, in consultation with the County, has determined that the initially-required vegetation is successfully established. Additional planting and monitoring will be necessary if initially-required vegetation is not considered successfully established. At a minimum, the monitoring report shall include: 1) reference and comparison to previous reports, 2) approximate planting locations shown on map, 3) health and vigor of all plantings, 4) any problems associated with survivability of plants, and 5) any remedial measures needed to ensure long-term health of all required plantings. The applicant, and successors-in-interest, agrees to complete any necessary remedial measures identified in the report(s) to maintain the required population of initially-planted vegetation. Remedial work shall be completed by the applicant, or successors-in-interest (individual lot owners), within 30 days of it being identified. v. Prior to issuance of construction permits for individual lot development, to avoid the potential for inadvertent disturbance of scattered oak trees not scheduled for removal or impact, the applicant shall retain a qualified individual (e.g., arborist, landscape architect/contractor, nurseryperson) to clearly mark the dripline area of each oak tree located outside of, but adjacent to the proposed development areas. The dripline of each tree shall be marked with highly visible flagging or construction fencing, immediately prior to construction. Grading, utility trenching, compaction of soil, material/equipment storage, or placement of fill shall be avoided within fenced areas. Tree protection areas shall be identified with at least one weatherproof sign placed within each temporarily fenced area in the most visible location for construction crews that states "Tree Protection Area -Stay Out" (four inch letter size or greater). For larger fenced areas, multiple signs will be placed at 50-foot increments. All construction fencing and signage shall remain in place and kept in good working order until final inspection. w. To minimize impacts to the sensitive oak woodland understory habitat (e.g., coastal· scrub), the applicant agrees to the following during individual lot construction activities, and for the life of the project: i. The applicant recognizes that trimming of oaks can be detrimental in the following respects and agrees to minimize trimming of the remaining oaks: removal of larger lower branches should be minimized to 1) avoid making tree top heavy and more susceptible to "blow-overs", 2) reduce having larger limb cuts that take longer to heal and are much more Item 9.a. - Page 50 Planning Commission 2-27 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 27 susceptible to disease and infestation, 3) retain the wildlife that· is found only in the lower branches, 4) retains shade to keep summer temperatures cooler (retains higher soil moisture, greater passive solar potential, provides better conditions for oak seedling volunteers) and 5) retain the natural shape of the tree. Limit the amount of trimming (roots or canopy) done in anyone season as much as possible to limit tree stress/shock (10% or less is best, 25% maximum). Excessive and careless trimming not only reduces the potential life of the tree, but can also reduce property values if the tree dies prematurely or has an unnatural appearance. If trimming is necessary, the applicant agrees to either use a skilled arborist or apply accepted arborist's techniques when removing limbs. Unless a hazardous or unsafe situation exists, trimming shall be done only during the winter for deciduous species. Smaller trees (smaller than 5 inches in diameter at four feet above the ground) within the project area are considered to be of high importance, and when possible, shall be given similar consideration as larger trees. ii. All native vegetation removal shall be· shown on all applicable -grading/ construction plaris, and reviewed/ approved by the County (Planning and Building Dept.) before any work begins. iii. Vegetation removal of native habitat shall be limited to what is shown on the county-approved grading/ construction /improvement plans. iv. Vegetation clearance for fire safety purposes shall be limited to the minimum setbacks required by Cal Fire. Where feasible, all efforts will be made to retain as much of this vegetation within the setback as possible (e.g. remove/trim only enough vegetation to create non-contiguous islands of native vegetation). v. All allowed uses within the native habitat area shall be "passive," where the use will have either no or minimal impact on the habitat. vi. Removal and restoration of native bunchgrass shall be consistent with the Bunchgrass Restoration Areas Plan (Wallace Group, June 11, 2013). x. Prior to issuance of construction permits for individual lot development, the applicant shall submit a cost estimate for planting, maintenance, and/or monitoring by qualified individuals. Qualified individuals shall show they are experienced and successful in planting, maintaining and/or monitoring native vegetation. The cost estimate shall include all critical elements to insure the success of any replanting efforts (e.g., plant materials, amendments, irrigation, regular maintenance, etc.). When cost estimates are required, the applicant shall either post a performance bond equal to the county- approved cost estimate, or establish a trust account with the county to administer implementation of one or more of these 'components, or a combination of the two. Where a county trust account is required, the work scope and selection of qualified individual(s) shall be approved or determined by the county. y. Prior to issuance of construction permits for individual lot development, the applicant, or landowner as applicable, shall retain a County-qualified wildlife biologist to conduct a pre-activity survey for· burrowing owl. The survey shall be conducted within 30-days prior to site disturbance. If ground disturbing activities are delayed or suspended for more than 30 days after the preconstruction_ survey, the site shall be preserved. Results of the survey shall be documented in.a report and shall include the date of the survey, methods of inspection, and findings. The report shall be submitted to the County Division of Environmental and Resource Management and the California Department of Fish and Game (CDFG). If no burrowing owls are found to occupy the site at that time, no further measures would be necessary unless burrowing owls are subsequently observed at the project site, in which case the following mitigation measure would be implemented. Item 9.a. - Page 51 Planning Commission 2-28 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 28 z. If burrowing owls are found within the project site, the applicant or successors-:-in- interest (individual lot owners) shall immediately contact the CDFG and implement all measures identified in the CDFG staff report on burrowing owl mitigation, additional measures required by CDFG, and measures described in the Burrowing Owl Survey report (McCormick; 1997) shall be implemented. Measures shall include, but not be limited to, the following: i. If feasible, burrowing owl burrows shall be avoided. No disturbance shall occur within 50 meters of occupied burrowing owl burrows during the non- breeding season (September 1 through January 31) or within 75 meters during the breeding season (February 1 through August 31). A minimum of 6.5 acres of foraging habitat shall be permanently preserved contiguous with the occupied burrow sites for each pair of breeding burrowing owls or single unpaired resident owl. The configuration of the protected habitat shall be reviewed and approved by the Environmental Coordinator and California Department of Fish and Game. If avoidance of burrowing owl burrows is not feasible, the following measures shall apply, upon approval by the Environmental Coordinator and California Department of Fish and Game. A. Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by CDFG verifies that either: 1) birds have not begun egg-laying and incubation: or 2) that juveniles from the occupied burrows are foraging independently and capable of independent survival. B. A minimum of 6.5 acres of foraging habitat per pair or unpaired resident burrowing owl shall be acquired and permanently protected. The protected area shall be adjacent to occupied burrowing owl habitat and at a location approved by the California Department of Fish and Game. The protected habitat shall contribute to the long- term conservation of the burrowing owl and the ecosystem(s) on which they depend. C. When destruction of occupied burrows is unavoidable, a Burrowing Owl Habitat Replacement Management and Monitoring Plan shall be prepared by a County-approved biologist, and submitted to the Environmental Coordinator for review and approval. The plan shall identify the burrow affected by potential development, and demonstrate how existing unsuitable burrows shall be enlarged or Cleared of debris or created (e.g., by installing artificial burrows) at a 1: 1 ratio within a protected area. Mitigation success criteria shall be identified, and monitoring reports shall be prepared annually for a minimum of three years. Monitoring reports shall be submitted to the Environmental Coordinator and California Department of Fish and Game. D. If owls must be moved away from the disturbance area, passive relocation techniques shall be used (i.e., use of artificial burrows and tunnels), and trapping shall be prohibited. A minimum of one week shall be required to accomplish relocation to allow owls to acclimate to alternative burrows. aa. According to the CDFG Code 3503, "take" of the nest or eggs of any bird-is prohibited, except upon approval from CDFG. To avoid take of active bird nests, any necessary tree removals shall be conducted between August 15 and March 15, outside of the typical breeding season. If tree removals are determined necessary during the typical breeding season, a County-qualified biologist shall conduct a bird nest survey within three days of proposed development activities. The results of the Item 9.a. - Page 52 Planning Commission 2-29 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 29 bird nest survey shall be submitted to the County of San Luis Obispo Division of Environmental and Resource Management, via a letter report. The report shall include the date of the survey, methods of inspection, and findings. If the biologist determines that a tree slated for removal is being used for nesting at that time, no site disturbance or use of equipment shall be allowed within an appropriate buffer area to be determined by the biologist, based on bird species, topography, and type of activity until after the biologist has determined that the young have fledged from the nest and achieved independence. No construction or grading activity shall occur within the buffer area. If no nesting is found to occur, necessary tree removal could then proceed. bb. Prior to issuance of construction permits for road and infrastructure construction and individual lot development, if construction and site disturbance activities occur during the typical songbird nesting season (March 15 through August 15), the applicant or successors-in-interest (individual lot owners) shall retain a County-qualified biologist to conduct a pre-construction survey for nesting songbirds. This condition shall also apply to fuel reduction and vegetation management actions (i.e. mowing) for the life of the project. The survey shall be conducted within three days of· proposed site disturbance, vegetation management,\ and construction activities to determine presence/absence of nesting birds on the project site. If no breeding or nesting activities are detected within 100 feet of the proposed work areas, construction and vegetation management activities may proceed. If, however, active nests are found within areas proposed .for disturbance, the biologist shall establish an appropriate buffer area based on the bird species, topography, and type of activity. No construction, vegetation management, or grading activities shall occur within the buffer area until the biologist has determined that the young have fledged from the nest and achieved independence or upon approval from CDFG. cc. Prior to issuance of construction permit, the applicant or successors-in-interest (individual lot owners) shall retain a County-qualified biologist to conduct a pre- activity survey for Monterey dusky-footed woodrat that may occupy the site. The survey shall be conducted within 30 days prior to proposed site disturbance and construction activities. Results of the survey shall immediately be submitted to the County Division of Environmental and Resource Management and CDFG as necessary. The survey report shall include the date of the survey, methods of inspection, and findings. If active burrows of woodrats are found within proposed development areas during the survey, the biologist shall establish an appropriate buffer area to protect the nest(s). No site disturbance shall occur within the buffer area until a Memorandum of Understanding (MOU) is obtained from CDFG (unless CDFG no longer requires a MOU). An alternative to a buffer area is to disassemble nests by hand outside of the nesting season (February through September) and allow the woodrats to leave the site. dd. Prior to issuance of construction permit, the applicant or successors-in-interest (individual lot owners) shall retain a County-qualified biologist to conduct a pre- activity survey for American badger that may occupy the site. The pre-con.struction survey shall be conducted within 30 days of beginning work on the project to identify if badgers are using, the site. The results of the survey shall be sent to the project manager, CDFG, and the County of San Luis Obispo. · ee. If the pre-construction survey finds potential badger dens, they shall be inspected to determine whether they are occupied. The survey shall cover the entire property, and shall examine both old and new dens. If potential badger dens are too long to completely inspect from the entrance, a fiber optic scope shall be used to examine the den to the end. If a fiber optic 'scope is not available, occupation of the den can be determined by partially obscuring the den entrance with sticks and leaves to indicate animal passage into and out of the den and dusting the den entrance with a Item 9.a. - Page 53 Planning Commission 2-30 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 30 fine layer of dust or tracking material for three consecutive nights and examining the following mornings for footprints. Inactive dens may be excavated by hand with a shovel to prevent re-use of dens during construction. If badgers are found in dens on the property between February and July, nursing young may be present. To avoid disturbance and the possibility of direct take of adults and nursing young, and to prevent badgers form becoming trapped in burrows during construction activity, no grading shall occur within 100 feet of active badger dens between February and July. If badger dens are found on the property during the pre-construction survey, the CDFG wildlife biologist for the area shall be contacted to review current allowable management practices. ff. Prior to issuance of building permits for the development of each lot, Individual lot owners shall contribute to the County of San Luis Obispo Traffic Impact Fee for the South County Benefit Area 2. Air Quality 39. The following measures shall be incorporated into the construction phase of the project and shown on all applicable plans prior to improvement plan approval. a. Maintain all construction equipment in proper tune according to manufacturer's specifications; b. Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (non- taxed version suitable for use off-road); c. Use diesel construction equipment meeting· ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation; d. Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e. Construction or trucking companies with fleets that 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. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g. Diesel idling within 1,000 feet of sensitive receptors is 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 on-site where feasible; and, I. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. · 40. The following measures shall be incorporated into the construction phase of the project and shown on all applicable plans prior to improvement plan approval: Fugitive PM10 Mitigation Measures a. Reduce the amount of the disturbed area where possible; b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency· would be required whenever Item 9.a. - Page 54 Planning Commission 2-31 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 31 wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock pile areas should 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 should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should 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 should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC 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. I. Water sweepers with reclaimed water should be used where feasible; m. All of these fugitive dust mitigation measures shall be shown on grading and building plans; n. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. o. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. p. Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project applicant shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include, but are not limited to: 1) an Asbestos Dust Mitigation Plan, which must be approved by the APCD prior to construction, and 2) an Asbestos Health and Safety Program. If NOA is not present, the applicant shall file an exemption request with the APCD. Please refer to the APCD web page at http://www.slocleanair.org/business/asbestos.asp for more information regarding these requirements. If you have any questions regarding these requirements, please contact Karen Brooks of the APCD Enforcement Division at 781-5912. Item 9.a. - Page 55 Planning Commission 2-32 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 32 41. Prior to approval of the final map, the Condition, Covenants, and Restrictions (CC&Rs) shall include the following language: a. The Homeowners Association (or their designee) shall be responsible for retaining a qualified individual to conduct an annual inspection of the detention basin located within Lot 23, for the lifetime of the project. Maintenance activities recommended by the retained inspector shall be conducted by the Homeowners Association (or their designee), and shall be conducted in compliance with the County Code and all other required permits and regulations (i.e., Army Corps of Engineers authorization, Stormwater Pollution Prevention Plan). b. The Homeowners Association (or their designee) shall be responsible for retaining a qualified individual to prepare and implement a Bunchgrass Habitat Revegetation Maintenance and Monitoring Plan, for review and approval by the County Department of Planning and Building, consistent with the Bunchgrass Restoration Areas plan (Wallace Group, June 11, 2013). Upon initial plantings, the qualified individual shall conduct quarterly inspections of the restoration areas for a period of no less than five years to ensure establishment and identified grassland restoration areas on Lot 24. Inspection reports shall be provided to the Department of Planning and Building on a quarterly basis, and shall document consistency with the approved Plan and any remediation actions taken to ensure consistency. 42. Prior to approval of improvement plans, the applicant and/or individual lot owner shall prepare and implement a Sedimentation and Erosion Control Plan per the requirements of LUO Section 22.52.120, which shall address both temporary and permanent measures to control erosion and reduce sedimentation. If vegetation is included as the means to stabilize the soils, it shall be planted at least 30 days before the beginning of the wet season, and watered regularly to ensure adequate root establishment. Otherwise, non-vegetative means shall be employed. 43. Prior to approval of improvement plans, the applicant shall prepare and implement a Storrnwater Pollution Prevention Plan approved by the State Water Resources Control Board, pursuant to LUO Section 22.52.130. Biological Resources 44. Prior to approval of improvement plans relating to the design and construction of the proposed access road, storm water improvements, and detention basin, a wetland delineation and, if necessary, a jurisdictional determination shall be conducted to determine the presence and extent of 'Waters of the U.S.," including wetlands. Results of the wetland delineation shall immediately be submitted to the County Division of Environmental and Resource Management and Army Corps of Engineers (Corps). The applicant shall be responsible for contacting the Corps and California Department of Fish and Game (CDFG) prior to project implementation to determine specific permitting requirements and mitigation responsibilities associated with disturbance of the identified drainage, and any associated areas of wetland. 45. Prior to approval of the final map, the applicant shall obtain all appropriate authorizations and permits from affected resource agencies including, but not limited to a Section 404 permit from the Corps to discharge dredged or fill material into Waters of the U.S. and a 1600 California Department of Fish and Game Streambed Alteration Permit for disturbance of any portion of a channel located beneath the top of bank. If authorization and/or permits are not required, the applicant shall submit documentation from the applicable agency. If the approval of tract improvements is issued in phases, Corps authorization shall be obtained prior to approval of tract improvements relating to Item 9.a. - Page 56 Planning Commission 2-33 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 33 construction of the detention basin or other activities that require ground. disturbance within 100 feet of the identified drainage. 46. If wetlands, including "Waters of the United States," are identified onsite, prior to approval of tract improvements, the applicant shall submit a wetlands mitigation plan approved by the Corps for the approval of the County Division of Environmental and Resource Management and California Department of Fish and Game. If Corps jurisdictional wetlands are present, the plan shall also be submitted to the Corps. The mitigation plan shall be prepared as per the County's Guidelines for Mitigation/Monitoring Plans. The wetlands mitigation plan shall be implemented by the applicant and/or successors-in-interest (Homeowners Association). In addition to any measures and elements required by the Corps, the mitigation plan shall include the following elements: a. Quantification of temporarily and permanently impacted wetland areas; b. Identification of the wetland area to be restored at a mitigation ratio no less than 1: 1; c. Methodology for restoration, including a planting site plan, inventory of plants for revegetation, installation of irrigation or other suitable watering method, and scheduling of maintenance activities; and, d. A description of a restoration monitoring plan, success criteria, reporting schedule, and cost estimate to implement the plan. If wetlands are present within the area proposed for construction of the access road and storm water management system, the applicant may minimize the permanently affected area by preparing and submitting a revised plan showing proposed access to parcels south of the proposed Castillo Del Mar Drive extension. If the applicant chooses this option, the revised plan shall clearly demonstrate how the ephemeral drainage shall be restored, stabilized, and maintained to manage storm water flow in a non-erosive manner. 47. Prior to approval of tract improvements, the applicant shall provide a cost estimate and set up a trust account to retain a County-approved qualified biological monitor to inspect implementation of County and resource agency conditions of approval. The frequency and duration of monitoring would be determined by the County Division of Environmental and Resource Management and specified within resource agency-issued conditions of approval. If a wetland mitigation plan is required, the biological monitor shall monitor the mitigation efforts for a minimum of three years or until the performance criteria are met. 48. Prior to issuance of tract improvements for the proposed storm water detention basin, the applicant shall implement an approved Erosion and Sedimentation Control Plan (required by the County of San Luis Obispo Land Use Ordinance). Implementation of the approved plan, and any necessary modifications in the field shall minimize the potential for indirect disturbance of sensitive aquatic habitats located downstream and off-site (e.g., Los Berros Creek, Arroyo Grande Creek) and shall include the installation of appropriate erosion control devices (i.e., hay bales, silt fences) down-slope of areas experiencing disturbance of the ground surface associated with both infrastructure and residential construction. The project applicant, and/or the successors-in-interest (Homeowners Association), shall check erosion control devices on a daily basis to ensure proper function. The County-approved biological monitor shall inspect erosion control measures for a duration and frequency determined by the County and resource agencies, if necessary. Additional measures recommended by the biological monitor, and approved by the County and affected resource agencies, shall be implemented in the field. Item 9.a. - Page 57 Planning Commission 2-34 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 34 49. Construction of the proposed storm water detention basin and associated drainage improvements within the ephemeral drainage shall not be allowed during the wet season (October 16 -April 15) or during or immediately prior to or following a rain event. The retained biological monitor shall verify compliance. 50. Immediately following completion of construction of the detention basin and other infrastructure within the project site and prior to final inspection, the applicant and/or successors-in-interest (Homeowners Association) shall revegetate adjacent disturbed and barren areas with appropriate non-invasive native vegetation from the County's approved plant list to reduce the risk of on-site erosion. The applicant shall replant areas experiencing only temporary disturbance (a period greater than 30 days) with native species that occur in adjacent grassland and woodland communities. The applicant and/or successors-in-interest (Homeowners Association) shall submit a letter to the County Department of Planning and Building immediately following completion of revegetation activities and prior to final inspection. The vegetation shall be maintained and weeded for a period of three years. 51. Prior to approval of the final map, the applicant shall submit an Oak Tree Mitigation and Monitoring Plan and Bunchgrass Habitat Revegetation Maintenance and Monitoring Plan to be reviewed and approved by the. Environmental Coordinator. The Oak Tree Mitigation and Monitoring Plan and Bunchgrass Habitat Revegetation Maintenance and Monitoring Plan shall be written as per the County's Mitigation and Monitoring Plan Guidelines. At a minimum the plan shall include goals, performance standards, and remedial measures to implement if the performance standards are not met. The plan shall provide for the replacement, in kind at a 4: 1 ratio all oak trees removed as a result of the development of the project, and in addition, shall provide for the planting, in kind at a 2: 1 ratio, of oak trees to mitigate for trees impacted but not removed .. ·· Tree removal shall not be permitted outside of the "building limit line.· Native grassland shall be replaced at a minimum 1:1 ratio. The Oak Tree Mitigation and Monitoring Plan shall include, but not be limited to, the following tree planting guidelines, which shall be printed on all applicable plans: INITIAL PLANTING Replanting shall be completed as soon as it is feasible (e.g. irrigation water is available, grading done in replant area). If possible, planting shall be completed in the late fall or winter months (October to January). If planting cannot occur during these optimal months, a landscape irrigation plan shall be submitted prior to construction permit issuance showing how plants will be watered on a regular basis. If planting occurs outside of optimal months, a thorough watering will be completed at the time of planting. Replant areas shall either be either in native topsoil or areas where native topsoil has been reapplied. If the latter, top soil shall be carefully removed and stockpiled for spreading over graded areas to be replanted (setting aside enough for 6-12" layer for entire tree replant area). Stockpile areas shall be shown on all applicable grading and/or construction plans. Planting hole depths shall exceed container depths to sufficiently ·avoid roots from turning upwards. Soil returned around containers shall be compacted sufficiently to eliminate air pockets. To provide for greatest success for replacement oaks, planting stock should be either seedlings (preferred) or up to one-gallon container sizes. Small seedlings should be tubed. Clustering of seedings in groups of two to four is preferred (but would need to maintain the overall on-center plant average described below. Where possible, planting should be outside of, but as near as possible to, existing driplines of oak trees. Average tree planting densities shall be no greater than one tree every 20 feet and shall average no more than four planted trees per 2,000 square feet, unless it is shown to the Item 9.a. - Page 58 Planning Commission 2-35 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 35 county by a qualified biologist that existing average tree (with five-inch diameters or more) densities are greater. Where natural densities are shown to be greater than one tree every 2,000 square feet, planting densities (4:1) could match that density. This average planting density, and respective area needed, will be reflected on all applicable construction plans. In the event that inadequate on-site area exists for replanting of replacement trees, a fee per equivalent tree removed shall be applied, pursuant to the County Guidelines for Tree Protection. Location of newly planted trees should ad~.ere to the following, whenever possible: on the north side of and at the canopy/dripline edge of existing mature native trees; on north-facing slopes; close to drainage swales/gullies (except when riparian habitat present); where topsoil is present; at least 25 feet away from continuously wet areas (e.g. lawns, leach lines); random and clustered planting patterns to create natural appearance, and; planting locations away from known animal populations (e.g., squirrels, gophers). MAINTENANCE AND PROTECTION These newly planted trees shall be maintained until successfully established. The following planting and maintenance measures are necessary for successful establishment, and shall be included as part of monitoring efforts: provide and maintain protection (e.g. tree shelters, caging) from animals (e.g., deer, rodents); regular mulching and weeding (minimum of once early Fall and once early Spring) of at least a three foot radius out from plant (a larger area may be needed to ensure survivability of .the trees); adequate watering (e.g., drip-irrigation system), and watering should be controlled so only enough is used to initially establish the tree, and reducing to zero over a three year period; avoidance of planting between April and September unless irrigation system with timer is provided, where trees are watered one gallon every four weeks (may vary); application of standard planting procedures (e.g., planting tablets, initial deep watering, etc.), and; when planting with, or near, other landscaping, all landscape vegetation within the eventual mature oak tree root zone (25-foot radius of planted oak) will need to have similar water requirements as the oak (including no summer watering once established). Protection of newly planted trees shall include the following measures, and be shown on all applicable plans prior to issuance of construction permit for lot development: a. An above-ground shelter (e.g., tube, wire caging) shall be provided for each tree upon planting,· and shall be of sturdy material that will provide protection from browsing animals for no less than seven years (unless monitor determines the trees are successfully established). b. Caging to protect roots from burrowing animals shall be installed when the tree is planted, and be made of material that will last no less than seven years. c. Each shelter shall include the following, unless manufacturer's instructions recommend a more successful approach: 1. Shelter shall be secured with stake that will last seven years; 2. Height of shelter shall be no less than three (3) feet; 3. Base of shelter shall be buried into the ground; 4. Top of shelter shall be securely covered with plastic netting, or better, and last for no less than seven years; and, 5. If required planting is located in areas frequented by deer, tube/caging heights shall be increased to at least four feet or plantings shall be protected with deer fencing. To provide for adequate weed control around replacement trees, while still minimizing . impacts to other existing sensitive vegetation, the following approach will be needed: 1) full protection of newly-planted tree is fully protected during application of herbicides; and 2) either installation of a securely staked "weed mat" (covering at least a three-foot radius from center of plant), or hand removal of weeds (covering at least a three-foot Item 9.a. - Page 59 Planning Commission 2-36 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 36 radius from center of plant) will be completed for each plant (where hand removal weeding will be kept up on a regular basis (at least once in late spring [April] and once in early winter [December]). This should be done until tree is at least three feet tall. Use of weed-free mulch (at least three inches deep), with regular replenishment, may be substituted for weed mat. GRASSLAND RESTORATION AND ENHANCEMENT Native grasses shall be planted within Lot 24 contiguous with existing native grassland patches (refer to Bunchgrass Restoration Areas, prepared by Wallace Group, June 11, 2013). Enhancement actions shall include weed removal and control. Planting activities shall include installation of plugs of native grasses, provision of temporary irrigation, and weed control for a period of .three years (minimum). The planting palette shall be selected from species native to the project site. Upon initial plantings, the qualified individual shall conduct quarterly inspections of the restoration areas for a period of no less than five years to ensure establishment and identified grassland restoration areas on Lot 24. Inspection reports shall be provided to the Department of Planning and Building on a quarterly basis, and shall document consistency with the approved Plan and any remediation actions taken to ensure consistency. 52. Prior to issuance of construction permits for tract improvements, to avoid the potential for inadvertent disturbance of scattered oak trees not scheduled for removal or impact, the applicant shall retain a qualified individual (e.g., arborist, landscape architect/contractor, nurseryperson) to clearly mark the dripline area of each oak tree located outside of, but adjacent to the proposed development areas. The dripline of each tree shall be marked with highly visible flagging or construction fencing, immediately prior to construction. Grading, utility trenching, compaction of soil, material/equipment storage, or placement of fill shall be avoided within fenced areas. Tree protection areas shall be identified with at least one weatherproof sign placed within each temporarily fenced area in the most visible location for construction crews that states "Tree Protection Area -Stay Out" (four inch letter size or greater). For larger fenced areas, multiple signs will be placed at 50- foot increments. All construction fencing and signage shall remain in place and kept in good working order until final inspection. 53. To minimize impacts to the sensitive oak woodland understory habitat, (e.g., coastal scrub), the applicant agrees to the following during tract improvements, and for the life of the project: a. The applicant recognizes that trimming of oaks can be detrimental in the following respects and agrees to minimize trimming of the remaining oaks: removal of larger lower branches should be minimized to 1) avoid making tree top heavy and more susceptible to "blow-overs", 2) reduce having larger limb cuts that take longer to heal and are much more susceptible to disease and infestation, 3) retain the wildlife that is found only in the lower branches, 4) retains shade to keep summer temperatures cooler (retains higher soil moisture, greater passive solar potential, provides better conditions for oak seedling volunteers) and 5) retain the natural shape of the tree. Limit the amount of trimming (roots or canopy) done in anyone season as much as possible to limit tree stress/shock (10% or less is best, 25% maximum). Excessive and careless trimming not only reduces the potential life of the tree, but can also reduce property values if the tree dies prematurely or has an unnatural appearance. If trimming is necessary, the applicant agrees to either use a skilled arborist or apply accepted arborist's techniques when removing limbs. Unless a hazardous or unsafe situation exists, trimming shall be done only during the winter for deciduous species. Smaller trees (smaller than 5 inches in diameter at four feet above the ground) within Item 9.a. - Page 60 Planning Commission 2-37 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 37 the project area are considered to be of high importance, and when possible, shall be given similar consideration as larger trees. b. All native vegetation removal shall be shown on all applicable grading/ construction or improvement plans, and reviewed/ approved by the County (Planning and Building Dept.) before any work begins. c. Vegetation removal of native habitat shall be limited to what is shown on the county- approved grading/ construction /improvement plans. d. Vegetation clearance for fire safety purposes shall be limited to the minimum setbacks required by Cal Fire. Where feasible, all efforts will be made to retain as much of this vegetation within the setback as possible (e.g. remove/trim only enough vegetation to create non-contiguous islands of native vegetation). e. All allowed uses within the native habitat area shall be "passive," where the use will have either no or minimal impact on the habitat. 54. Prior to issuance of construction permits for tract, road, and infrastructure improvements and prior to issuance of construction permits for individual lot development, the applicant, or landowner as applicable, shall retain a County-qualified wildlife biologist to conduct a pre-activity survey for burrowing owl. The survey shall be conducted within 30-days prior to site disturbance. If ground disturbing activities are delayed or suspended for more than 30 days after the preconstruction survey, the site shall be preserved. Results of the survey shall be documented in a report and shall include the date of the survey, methods of inspection, and findings. The report shall be submitted to the County Division of Environmental and Resource Management and the California Department of Fish and Game (CDFG). If no burrowing owls are found to occupy the site at that time, no further measures would be necessary unless burrowing owls are subsequently observed at the project site; in which case the following mitigation measure would be implemented. If burrowing owls are found within the project site, the applicant or successors-in-interest (individual lot owners) shall immediately contact the CDFG and implement all measures identified in the CDFG staff report on burrowing owl mitigation, additional measures required by CDFG, and measures described in the Burrowing Owl Survey report (McCormick; 1997) shall be implemented. Measures shall include, but not be limited to, the following: a. If feasible, burrowing owl burrows shall be avoided. No disturbance shall occur within 50 meters of occupied burrowing owl burrows during the non-breeding season (September 1 through January 31) or within 75 meters during the breeding season (February 1 through August 31 ). A minimum of 6.5 acres of foraging habitat shall be permanently preserved contiguous with the occupied burrow sites for each pair of breeding burrowing owls or single unpaired resident owl. The configuration of the protected habitat shall be reviewed and approved by the Environmental Coordinator and California Department of Fish and Game. If avoidance of burrowing owl burrows is not feasible, the following measures shall. apply, upon approval by the Environmental Coordinator and California Department of Fish and Game. 1. Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by CDFG verifies that either: 1) birds have not begun egg-laying and incubation: or 2) that juveniles from the occupied burrows are foraging independently and capable of independent survival. Item 9.a. - Page 61 Planning Commission 2-38 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 38 2. A m1mmum of 6.5 acres of foraging habitat per pair or unpaired resident burrowing owl shall be acquired and permanently protected. The protected area shall be adjacent to occupied burrowing owl habitat and at a location approved by the California Department of Fish and Game. The protected habitat shall contribute to the long-term conservation of the burrowing owl and the ecosystem(s) on which they depend. 3. When destruction of occupied burrows is unavoidable, a Burrowing Owl Habitat Replacement Management and Monitoring Plan shall be prepared by a County- approved biologist, and submitted to the Environmental Coordinator for review and approval. The plan shall identify the burrow affected by potential development, and demonstrate how existing unsuitable burrows shall be enlarged or cleared of debris or created (e.g., by installing artificial burrows) at a 1: 1 ratio within a protected area. Mitigation success criteria shall be identified, and monitoring reports shall be prepared annually for a minimum of three years. Monitoring reports shall be submitted to the Environmental Coordinator and California Department of Fish and Game. 4. If owls must be moved away from the disturbance area, passive relocation techniques shall be used (i.e., use of artificial burrows and tunnels), and trapping shall be prohibited. A minimum of one week shall be required to accomplish relocation to allow owls to acclimate to alternative burrows. 55. According to the CDFG Code 3503, "take" of the nest or eggs of any bird is prohibited, except upon approval from CDFG. To avoid take of active bird nests, any necessary tree removals shall be conducted between August 15 and March 15, outside of the typical breeding season. If tree removals are determined necessary during the typical breeding season, a County-qualified biologist shall conduct a bird nest survey within three days of proposed development activities. The results of the bird nest survey shall be submitted to the California Department of Fish and Game (CDFG) and County of San Luis Obispo Division of Environmental and Resource Management, via a letter report. The report shall include the date of the survey, methods of inspection, and findings. If the biologist determines that a tree slated for removal is being used for nesting at that time, no site disturbance or use of equipment shall be allowed within an appropriate buffer are~ to be determined by the biologist, based on bird species, topography, and type of activity until after the biologist has determined that the young have fledged from the nest and achieved independence. No construction or grading activity shall occur within the buffer area. If no nesting is found to occur, necessary tree removal could then proceed. 56. Prior to issuance of construction permits for road and infrastructure construction and individual lot development, if construction and site disturbance activities occur during the typical songbird nesting season (March 15 through August 15), the applicant or successors-in-interest (individual lot owners) shall retain a County-qualified biologist to conduct a pre-construction survey for nesting songbirds. This condition shall also apply to fuel reduction and vegetation management actions (i.e. mowing) for the life of the project. The survey shall be conducted within three days of proposed site disturbance, vegetation management, and construction activities to determine presence/absence of nesting birds on the project site .. If no breeding or nesting activities are detected within 100 feet of the proposed work areas, construction and vegetation management activities may proceed. If, however, active nests are found within areas proposed for disturbance, after the biologist shall establish an appropriate buffer area based on the bird species, topography, and type of activity. No construction, vegetation management, or grading Item 9.a. - Page 62 Planning Commission 2-39 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 39 activities shall occur within the buffer area until the biologist has determined that the young have fledged from the nest and achieved independence, or upon approval from CDFG. 57. Prior to approval of improvement plans, the applicant or successors-in-interest (individual lot owners) shall retain a County-qualified biologist to conduct a pre-activity survey for Monterey dusky-footed woodrat that may occupy the site. The survey shall be conducted within 30 days prior to proposed site disturbance and construction activities. Results of the survey shall immediately be submitted to the County Division of Environmental and Resource Management and CDFG as necessary. The survey report shall include the date of the survey, methods of inspection, and findings. If active burrows of woodrats are found within proposed development areas during the survey, the biologist shall establish an appropriate buffer area to protect the nest(s). No site disturbance shall occur within the buffer area until a Memorandum of Understanding (MOU) is obtained from CDFG (unless CDFG no longer requires an MOU). An alternative to a buffer area is to disassemble nests by hand outside of the nesting season (February through September) and allow the woodrats to leave the site. 58. Prior to approval of improvement plans, the applicant or successors-in-interest (individual lot owners) shall retain a County-qualified biologist to conduct a pre-activity . survey for American badger that may occupy the site. The pre-construction survey shall be conducted within 30 days of beginning work on the project to identify if badgers are using the site. The results of the survey shall be sent to the project manager, CDFG, and the County of San Luis Obispo. If the pre-construction survey finds potential badger dens, they shall be inspected to determine whether they are occupied. The survey shall cover the entire property, and shall examine both old and new dens. If potential badger dens are too long to completely inspect from the entrance, a fiber optic scope shall be used to examine the den to the end. If a fiber optic scope is not available, occupation of the den can be determined by partially obscuring the den entrance with sticks and leaves to indicate animal passage into and out of the den and dusting the den entrance with a fine layer of dust or tracking material for three consecutive nights and examining the following mornings for footprints. Inactive dens may be excavated by hand with a shovel to prevent re-use of dens during construction. If badgers are found in dens on the property between February and July, nursing young may be present. To avoid disturbance and the possibility of direct take of adults and nursing young, and to prevent badgers form becoming trapped in burrows during construction activity, no grading shall occur within 100 feet of active badger dens between February and July. If badger dens are found on the property during the pre-construction survey, the CDFG wildlife biologist for the area shall be contacted to review current allowable management practices. Transportation and Circulation 59. Prior to approval of the final map, the applicant shall submit documentation to the County Environmental Coordinator demonstrating payment of City of Arroyo Grande traffic and signalization impact mitigation fees, or documentation from the City that fees were not required. The following measures shall be included in the homeowners association conditions •. covenants, and restrictions (CC&Rs) and bylaws: Item 9.a. - Page 63 Planning Commission 2-40 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 40 60. Prior to recordation of the final map, the applicant shall either install a crash gate at the terminus of Coast View Drive or submit a scope of work and contract agreement with a third-party security company to monitor the secondary access road gate at the northeast property boundary and terminus of Coast View Drive. The scope of work shall include, but not be limited to, the following: a. Installation and maintenance of a security camera and associated equipment with capabilities to take a photograph or video recording of vehicle license plates, with time and date stamp, when the gate opens. b. Preparation of monitoring reports consisting of written report identifying photo of vehicle license plate with time and date stamp. County Code Enforcement will do the OMV research if necessary to determine if the vehicle belongs to a homeowner within the subdivision. c. Submittal of documentation to the homeowners association upon generation of photo-documentation, and submittal of monitoring reports on a quarterly basis to the County Environmental Coordinator, CAL FIRE, and California Department of Transportation. If there is a contract agreement with a third-party security company to monitor the secondary access road gate at the northeast property boundary and terminus of Coast View Drive conditions 61 through 66 apply. If a crash gate is installed, conditions 58 through 63 do not apply. 61. Upon transfer of the common property to the homeowners association, the homeowners association shall maintain the contract with the third-party security company and submit documentation to the County Environmental Coordinator verifying maintenance of the contract. 62. The homeowners association conditions, covenants, and restrictions (CC&Rs) and bylaws shall include a requirement that the third-party security company shall be retained to: install monitoring equipment, remotely monitor the use of the gate at the terminus of Coast View Drive via security camera equipment, maintain the security equipment and conduct repairs and maintenance as necessary; retain photo- documentation, and submit monitoring reports to the homeowners association, County Environmental Coordinator, CAL FIRE, and California Department of Transportation. 63. Prior to final inspection of tract improvements, the applicant shall ensure that the third- party security company has installed security monitoring equipment on the secondary access road gate at the northeast property boundary, at the terminus of Coast View Drive. The secondary access road shall only be used in the event of an emergency. Use of the secondary access road during a non-emergency situation would result in a major violation. The security camera shall be activated upon gate opening to document the violation by taking a video image of the vehicle license plate, including a date and time stamp. The video image shall be retained by the third-party security company. 64. Security monitoring equipment and the gate shall be maintained in working condition by . the third-party security company. Repairs shall be implemented as necessary. In the event the equipment becomes inoperable due to damage or any other factor, the third- party security company shall notify the homeowners association and County Environmental Coordinator within 24 hours. a. The third-party security company shall implement repairs within seven days to ensure full functioning of the security system and gate. Item 9.a. - Page 64 1- Planning Commission 2-41• Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 41 65. 66. b. In the event the repairs are not implemented a1 Coordinator shall submit the violation to the Divisi The Division of Code Enforcement shall review investigation and if warranted, issue a Major association, pursuant to the San Luis Obispo CoL and the currently Adopted Fee Schedule. c. In the event repairs are not implemented after 30 shall be considered· negligent, the violation sh remediation actions shall be required as discusse In the event of a major violation (i.e., use of the emergency situation), the retained security compan· im~ge report to the homeowners association witl violation. a. In the event of major violation(s), the third-pa~ monitoring report consisting of compiled video in Coordinator, California Department of Transport< CAL FIRE (Fire Marshall ) on a quarterly basis (i December 1 ). Quarterly monitoring reports docL forwarded from the County Environmental Coo Code Enforcement. The Division of Code Enfon report, conduct an investigation and if warranted, homeowners association, pursuant to the San I 22.74.080 et seq. and the currently Adopted Fee~ In the event five or more major violations occu combination of circumstances of concern to the Calif· and/or CAL FIRE (including but not limited to neglige to the security system}, the frequency of major violati and the following remediation actions shall occur: d. The homeowners association shall remove equ opening of the gate upon vehicle approach, and s reviewed and approved by the CAL FIRE, inclu combination lock on the secondary access road g secondary access road connection with Coast Vit gate. All modifications to the gate shall be review the County Environmental Coordinator upon instal e. Installation of additional controls on the gate shall notification from the County regarding the excessi• f. In the event the gate controls are not installed Coordinator shall submit the violation to the Divisi< and a Major Violation Fee of $500 shall be homeowners association until the gate controls an 67. During construction activities, including but not lir individual lot development, the secondary acce~ construction-related traffic. Use of the secondary ac traffic shall result in a major violation, subject to reviev Division. Item 9.a. - Page 65 Planning Commission 2-42 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 42 68. Prior to issuance of building permits for development on the proposed parcels, proposed construction plans must include indoor water conservation measures including: low water-use toilets, showerheads, and faucets; automatic shut-off devices for bathroom and kitchen faucets or installation of high efficiency toilets; and point-of-use supplemental water heater systems or circulating hot water systems in bathrooms and kitchen. 69. Prior to final inspection of construction permits, for structures where the pipe from the _hot water heater to any faucet is greater than 20 feet in length, apply one or more of the following: 1) install a hot water pipe circulating system for entire structure; 2) install "point-of-use" water heater "boosters" near all hot water faucets (that are greater than 20 linear pipe feet from water heater), or 3) use the narrowest pipe possible (e.g., from 1" to Y:z'' diameter). Prior to permit issuance, the measure(s) to be used shall be shown on all applicable plumbing plans. 70. Prior to issuance of construction permits, the applicant shall submit landscape plans for the proposed parcels that includes the following outdoor conservation measures: limited irrigated landscape area of 1,500 square feet, low water-use plant materials, turf area limited to 20 percent of the site's total irrigated landscaped area, soil moisture sensors, and drip irrigation systems. 71. Prior to issuance of construction permits, the applicant shall pay a supplemental water development fee for each residential unit as required by County Ordinance. 72. The developer shall conduct the necessary engineering investigation to determine the up-sizing necessary for the Vista Del Mar booster station to serve the new development. The booster station design shall be reviewed and approved by the Public Works Director, The approved booster station shall be installed prior to issuance of building permit. Covenants,· Conditions and Restrictions 73. The developer shall submit proposed covenants, conditions, and restrictions (CC&Rs) for the subdivision to the county Department "Of Planning and Building for review and approval, and shall establish a Homeowners' Association or other organized and perpetual mechanism to ensure adequate private maintenance, acceptable to the Department of Planning and Building, and in conformance with the requirements of the State Department of Real Estate. The CC&Rs shall provide at a minimum the following provisions: a. On-going maintenance of drainage basin fencing in perpetuity. b. On-going maintenance of drainage basin and adjacent landscaping in a viable condition on a continuing basis into perpetuity. c. Maintenance of common areas in perpetuity. d. On-going maintenance of Lot 24 including bunchgrass restoration areCiS, pursuant to .. the approved Bunchgrass Habitat Revegetation Mainteoa_nceJ:ind:Moniforing'Plan as- ·approved by the Department of Planning and Building .. ~~:'""' --· · - e. Maintenance of all local streets within the subdivision until acceptance by a public agency. f. Maintenance of all private access roads in perpetuity. Item 9.a. - Page 66 Planning Commission 2-43 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 43 g. Operation and maintenance of public road frontage sidewalks, landscaping, street lighting, and pedestrian amenities, if any, in a viable condition and on a continuing basis into perpetuity, or until specifically accepted for maintenance by a public ~~cy . h. Notification to prospective buyers that an additional map sheet was recorded with the final tract map. The restrictions, conditions and standards set forth in the additional map sheet apply to future development. It is the responsibility of the prospective buyers to read the information contained on the additional map sheet. i. Include the Oak Tree Mitigation and Monitoring Plan as approved by the Department of Planning and Building. j. Include the Bunchgrass Habitat Revegetation Maintenance and Monitoring Plan as approved by the Department of Planning and Building. k. Include all measures specific to primary and secondary access, and monitoring of the secondary access road. I. Water conservation measures. m. Provide for maintenance and repair of common facilities including but not limited to: the drainage facilities and associated landscaping and irrigation including street trees within the public right of way, and maintenance of the open space parcel including a fuel modification plan. A maintenance schedule and provisions for plant replacement shall be included. A property management company shall be retained to administer the maintenance agreement and to hire a professional maintenance company to perform maintenance services; n. Include the Design Guidelines document as an attachment; and o. Inform residents of water conservation restrictions and responsibilities. Miscellaneous FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 74. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 75. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 76. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 77. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 78. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 79. Drainage fee, as required by the area drainage plan for the area being developed. 80. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 81. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 82. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Item 9.a. - Page 67 Planning Commission 2-44 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 44 83. Parle Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 84. Street Tree fees, to be based on codes and rates in effect at the time of building permit. issuance. (Residential Development only) 85. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 86. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 87. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: . (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. · (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed ori a development project by a local agency within 180 days ·after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is-approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. Item 9.a. - Page 68 Planning Commission 2-45. Tract 3048 I The Heights at Vista Del Mar Group, LLC Page45 {E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. 88. The project shall comply with the requirements of the National Pollutant Discharge Elimination System Phase I and I or Phase II storm water program and the County's Storm Water Pollution Control and Discharge Ordinance, Title 8, Section 8.68 et sec. 89. Three (3) copies of a Preliminary Soils Report prepared by a Registered Civil Engineer in accordance with Sections 17953, 17954, 17955 of the California Health and Safety Code shall be submitted to the Public Works, Health and Planning and Building Departments prior to the filing of the final tract map. The date and person who prepared the report are to be noted on the map. 90. This subdivision is also subject to the standard conditions of approval for all subdivisions using community water and sewer; a copy of which is attached hereto and incorporated by reference herein as though set forth in full. 91. All timeframes on approved tentative maps for filing of final parcel or tract maps are measured from the date the Review Authority approves the tentative map, not from any date of possible reconsideration action. 92. The applicant shall apply to the Department of Planning and Building for approval of new street names prior to the filing of the final parcel or tract map. Approved street names shall be shown on the final parcel or tract map. 93. Applicant shall file with the Department of Public Works an application requesting apportionment of any unpaid assessments under the Improvement Bond Act of 1915, in compliance with Section 8740.1 of the Streets and Highways Code of the State of California. Said apportionment must be completed prior to filing the map. 94. All time frames on approved tentative maps for filing of final parcel or tract maps are measured from the date the Review Authority approves the tentative map, not from any date of possible reconsiderati.on action. 95. The applicant shall, as a condition of approval of this vesting tentative map application, defend, indemnify and hold harmless the County of San Luis Obispo and the City of Arroyo Grande, their respective present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time ·period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. Item 9.a. - Page 69 Planning Commission 2-46. Tract 3048 I The, Heights at Vista Del Mar Group, LLC Page46 IN THE EVENT THE PROJECT SITE IS ANNEXED INTO THE CITY OF ARROYO GRANDE, THE FOLLOWING CONDITIONS 1 THROUGH 99 SHALL ALSO BE APPLICABLE, AND SHALL SUPERCEED CONFLICTING CONDITIONS, BASED ON REVIEW AND APPROVAL BY THE DEPARTMENT OF PLANNING AND BUILDING: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. Development shall conform to the City's Residential Hillside (RH) zoning requirements except as otherwise specifically approved on the tract map or as set forth in these conditions or approval. 3. The applicant shall, as a condition of approval of this vesting tentative map application, defend, indemnify and hold harmless the County of San Luis Obispo and the City of Arroyo Grande, their respective present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 4. Prior to recordation of the final/parcel map, the applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are administered by a subdivision homeowners' association or other comparable mechanism, formed by the applicant for the maintenance and repair of common facilities and development of individual lots within the subdivision. The CC&R's shall be reviewed and approved by the City Attorney and recorded with the final map. At a minimum, the CC&R's shall: a. Provide for maintenance and repair of common facilities including but not limited to: the drainage facilities and associated landscaping and irrigation including street trees within the public right of way, and maintenance of the open space parcel including a fuel modification plan. A maintenance schedule and provisions for plant replacement shall be included. A property management company shall be retained to administer the maintenance agreement and to hire a professional maintenance company to perform maintenance services; b. Include the Design Guidelines document as an attachment; and c. Inform residents of water conservation restrictions and responsibilities. Item 9.a. - Page 70 Planning Commission 2-47 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 47 LANDSCAPE CONDITIONS 5. Prior to issuance of a grading permit, a detailed landscape and irrigation plan for all streetscape and common areas shall be prepared by a licensed landscape architect and submitted to the Community Development Director and Public Works Director for review and approval. The plan · shall be consistent with Municipal Code Chapter 16.84 (Water Efficient Landscape Requirements) and demonstrate compliance with mitigation measures approved for the project. · 6. · Prior to issuance of a · certificate of occupancy, the landscape architect responsible for the design of the landscaping plan shall certify in writing to the City . that installed landscaping meets the specifications of the approved landscape plan. The installed landscaping and irrigation shall be approved by the Public Works Director. 7. Turf grass installed with spray irrigation in the front yard of each lot shall be limited to 20% of the total front yard landscaped area. 8. The open space parcel shall be maintained by a homeowner's association. SPECIAL CONDITIONS 9. Prior to issuance of grading permit, the applicant shall submit design guidelines for review and approval by the Architectural Review Committee. The guidelines shall include architectural, site planning and landscaping concepts. The design guidelines shall be used in the City's plan review process to review compliance with water conservation and storm water requirements and to encourage the highest level of design quality while providing flexibility necessary to encourage creativity on the part of the project designer. 10. Prior to the Final Map approval, the applicant shall pay an affordable housing in- lieu fee pursuant to Arroyo Grande Municipal Code Section 16.80.050.8. 11. Prior to Final Map approval or two (2) years from the approval of this Vesting . Tentative Tract Map 3048, whichever is earlier, the applicant shall pay to the City of Arroyo Grande $582,500 for the extension of Castillo Del Mar from its present terminus to Valley Road. 12. Prior to Final Map approval or two. (2) years from the approval of this Vesting Tentative Tract Map 3048, whichever is earlier, the applicant shall pay to the City of Arroyo Grande $100,000 for mitigation of the loss of prime agricultural land. ENGINEERING DIVISION GENERAL CONDITIONS 13. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works, the Community Development Director or his/her representative. Item 9.a. - Page 71 Planning Commission 2-48 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 48 14. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any. work other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. · 15. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. 16. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 17. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 18. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 19. Record Drawings ("as-builr plans) are required to be submitted prior to release of the Faithful Performance Bond. IMPROVEMENT PLANS 20. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works or Community Development Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks) 21. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, size and orientation of all trash enclosures. c. All existing and proposed parcel lines and easements crossing the property. d. The location and dimension of all existing and proposed paved areas. e. The location of all existing and proposed public or private utilities. 22. Landscape and irrigation plans are required within the public right-of-way, and shall be approved by the Public Works Director. Item 9.a. - Page 72 Planning Commission 2-49 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 49 23. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Public Works Director. 24. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 25. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 26. Prior to approval of an improvement plan the applicant shall enter into an · agreement with the City for inspection of the required improvements. 27. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City or Caltrans). STREET IMPROVEMENTS 28. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 29. Castillo Del Mar shall be designated as a public local street and shall adhere to the following design standards: a. 40 feet street width from curb to curb. b. 6-foot wide concrete sidewalk with concrete curb and gutter on one side of the street and a defined 6-foot wide decomposed granite (dg) path on the opposite side with concrete curb and gutter. c. 52 foot wide right-of-way. d. 25 mile per hour design speed. e. The Homeowner's Association shall be responsible for maintaining the dg pedestrian path. CURB. GUTTER AND SIDEWALK 30. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 31. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 32. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. DEDICATIONS AND EASEMENTS 33. The property owner shall offer for dedication to the public the right-of-way development streets. · Item 9.a. - Page 73 Planning Commission 2-50 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 50 34. A private/public (fire, water main, sewer, open space, drainage) easement shall be reserved on the map for access to all lots. 35. A Public Utility Easement (PUE) shall be dedicated a m1mmum 6 feet wide adjacent to all street right-of-ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. (TRACT AND PARCEL MAPS). 36. A drainage, sewer main and/or water main easement(s) shall be dedicated to the public on the map. WATER 37. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works.Director must grant permission to dead end water mains. 38. The applicant shall extend the public water main to adequately serve the project · across the property frontage. 39. Each parcel shall have separate water meters. 40. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. SEWER 41. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8". 42. All sewer laterals within the public right-of-way must have a minimum slope of 2%. 43. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 44. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. 45. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to permit issuance. PUBLIC UTILITIES 46. Prior to approving any building permit within the project for occupancy, all public· utilities shall be operational. 47. Public Improvement plans/Final Map/Parcel Map shall be submitted to the P.ublic utility companies for review and approval. Utility comments shall be forwarded to the Director of Public Works for approval. Item 9.a. - Page 74 Planning Commission 2-51 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 51 48. Street lights shall be placed 200' -250' apart on streets 40' or less in width. On streets greater than 40' in width, a street lighting plan shall be designed and submitted to the Community Development Director for approval. 49. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Con:imunity Tree Ordinance. TREE PRESERVATION/TREE REMOVAL PLAN 50. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. 51. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted or fees paid. 52. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. · 53. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. 54. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. 55. Prior to Final Map approval, the applicant shall submit a Drainage Plan and Maintenance Agreement for approval by the DJrector of Public Works. The agreement shall include provisions for annual inspection and maintenance of all onsite drainage facilities and compliance with required permits. The homeowner's association shall maintain all on-site drainage facilities. Item 9.a. - Page 75 Planning Commission . 2-52 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 52 56. Stormwater Control Plan (SWCP) Required~ Prior to issuance of a grading permit the applicant shall submit a Stormwater Control Plan that demonstrates compliance with the Post Construction Requirements for the Central Coast Region, adopted by the Central Coast Regional Water Quality Control Board under Order R3-2013-0032. BUIDLING DIVISION BUILDING CODES 57. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. · DISABLED ACCESS 58. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES · 59. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 60. Project shall have a fire flow based on the California Fire Code appendix Ill-A. 61. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. FIRE SPRINKLERS 62. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 63. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 64. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 65. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 66. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 67. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Item 9.a. - Page 76 Planning Commission 2-53 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 53 68. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at . the time of building permit issuance. 69. Drainage fee, as required by the area drainage plan for the area being developed. · 70.-Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 71. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 72. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 73. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 74. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 75. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 76. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 77. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. PROCEDURE FOR PROTESTING FEES, DEDICATIONS. RESERVATIONS OR EXACTIONS: (B)Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (3) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (4) Serving written notice on the City Council, which notice shall contain all of the following information: (c) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied; under protest. (d) A statement informing the City Council of the factual elements of Item 9.a. - Page 77 Planning Commission 2-54 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 54 the dispute and the legal theory forming the basis for the protest. {D) A protest filed pursuant to subdivision {A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. {E) Any party who files a protest pursuant to subdivision {A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. {D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. {F) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. FIVE CITIES FIRE AUTHORITY 78. Per the California Fire Code, fire hydrants shall be spaced at 300 feet (150 feet, opposite sides of the street). 79. Prior to issuance of a building permit, the developer shall submit a fuel modification plan for the open space parcel. PUBLIC WORKS DEPARTMENT FEES 80. The developer shall pay all required City fees at the time they are due. 81. Fees to be paid prior to plan approval: a. Map check fee b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 82. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection·· of the required improvements. ·I I Item 9.a. - Page 78 Planning Commission 2-55 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 55 83. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 84. Covenants, Conditions, and Restrictions for maintenance of all privately maintained items. These shall be subject to the review and approval of the Director of Public Works and the City Attorney. 85. An Open Space Agreement for review and approval by the Director of Public Works and City Attorney. IMPROVEMENT SECURITIES 86. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 87. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 88. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: . a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. · d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 89. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 90. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 91. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. Item 9.a. - Page 79 Planning Commission 2-56 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 56 PRIOR TO ISSUING A BUILDING PERMIT 92. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 93. All utilities shall be operational. 94. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. 95. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed. and accepted by the City. SPECIAL CONDITIONS 96. The developer shall conduct the necessary engineering investigation to determine the up-sizing necessary for the Vista Del Mar booster station to serve_ the new development. The booster station design shall be reviewed and approved by the Public Works Director. The approved booster station shall be installed prior to issuance of building permit. 97. The applicant shall provide a ten foot (10') wide water, sewer and storm drain access road over mains and manholes. The road shall be made of all-weather or dg material. 98. The homeowners association shall maintain all public water, sewer and storm drain access roads. POLICE DEPARTMENT 99. Castillo Del Mar may be designated as permit on-street parking consistent with the adjacent neighborhood, as determined necessary by the Police Chief. · Item 9.a. - Page 80 Planning Commission 2-57 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 57 STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISION USING. MUNICIPAL WATER AND SEWER 1. Community water and fire protection shall be obtained from the municipal water system. · 2. Operable water facilities from an approved community water source shall be assured prior to the filing of the final map. Water main extensions, laterals to each parcel and · related facilities may be bonded for subject to the approval of county Public Works, the county Health Department and the public water utility. 3. No residential building permits are to be issued until the community (public) water system is operational. 4. In order to protect the public safety and prevent possible groundwater pollution, any abandoned wells on the property shall be destroyed in accordance with the San Luis Obispo County Well Ordinance Chapter 8.40, and county Health Department destruction standards. The applicant is required to obtain a permit from the county Health Department. 5. When a potentially operational or operational auxiliary water supply in the form of an existing well(s) is located on the parcels created and approved community water is proposed to serve the parcels, the community water supply shall be protected from real or potential cross-contamination by means of an approved cross-connection control device installed at the meter or property line service connection prior to occupancy (Chapter 8.30, San Luis Obispo County Ordinance). 6. Sewer service shall be obtained from the municipal sewage disposal system. 7. No residential building permits shall be issued until municipal sewers are operational and available for connection. 8. An encroachment permit shall be obtained from county Public Works for any work to be done within the county right-of-way. 9. An encroachment permit shall be obtained from the California Department of Transportation for any work to be done on the state highway. 10. Any existing reservoir or drainage swale on the property shall be delineated on the map. 11. Prior to submission of the map "checkprints" to county Public Works, the project shall be reviewed by all applicable public utility companies and a letter be obtained indicating required easements. 12. Required public utility e~sements shall be shown on the map. 13. Approved street names shall be shown on the map. 14. The applicant shall comply with state, county and district laws/ordinances applicable to fire protection and consider increased fire risk to area by the subdivision of land proposed. Item 9.a. - Page 81 Planning Commission 2-58 Tract 3048 I The Heights at Vista Del Mar Group, LLC Page 58 15. The developer shall submit a preliminary subdivision guarantee to county Public Works for review prior to the filing of the map. 16. Any private easements on the property shall be shown on the map with recording data. 17. All conditions of approval herein specified, unless otherwise noted, shall be complied with prior to the filing of the map. 18. After approval by the Review Authority, compliance with the preceding conditions will bring the proposed subdivision in conformance with the Subdivision Map Act and county ordinances. · 19. A map shall be filed in accordance with Subdivision Map Act and county ordinance prior to sale, lease, or financing of the lots proposed by the subdivision. 20. A tentative map will expire 24 months from the effective date of the approval. Tentative maps may be extended. Written requests With appropriate fees must be submitted to the Planning Department prior to the expiration date. The expiration of tentative maps will terminate all proceedings on the matter. Item 9.a. - Page 82 ATTACHMENT 4 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) .--..... INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION GPA No. 14-001 DCA No. 14-003 Heights at Vista Del Mar Annexation February 2014 February 2014 Page 1of33 Item 9.a. - Page 83 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) Project: General Plan Amendment (GPA) No. 14-001 Development Code Amendment (DCA) No. 14-003 Heights at Vista Del Mar (HVDM) Annexation Lead Agency: City of Arroyo Grande Document Availability: ·City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 (805) 473-5420 http://"WWW.arroyogrande.org/ Project Description in Brief: February 2014 The project includes proposed amendments to the City of Arroyo Grande's General Plan and Development Code to prezone and annex a 48.74-acre property adjoining the City to the south. The subject property is located southwest of U.S. Highway 101 and south of Castillo Del Mar. The City of ·.Arroyo Grande recently amended its Sphere of Influence to include· the subject property within its City limits. The Sphere of Influence is defined as " ... a plan for the probable physical boundary and service area· of a local agency or municipality ... " The County of San Luis Obispo approved Tract 3048 in December 2013 to subdivide the subject property into twenty-two (22) residential lots. The applicant is proposing to annex the property into the City of Arroyo Grande. Summary Document Preparation: Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the City) has independently reviewed and analyzed the Initial Study and Negative Declaration for the proposed project and finds that these documents reflect the independent judgment of the City. 2/21/14 Ter~~cClish, AICP Com(unity Developmen Director Date Ke~ 2/21/14 Date Associate Planner Page 2 of 33 Item 9.a. - Page 84 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) Table of Contents: February 2014 lntroduction .......................................................................... ; ........................................................................ 5 Introduction and Regulatory Guidance ...................................................... Error! Bookmark not defined. Lead Agency .............................................................................................................................................. 5 Purpose and Document Organization ....................................................................................................... 5 Summary of Findings .. , .............................................................................................................................. 6 Project Description ............................................................................................. : .......................................... 7 Introduction ............................................................................................................................................... 7 Background and Need for Project ......................... ; ................................................................................... 7 Other Required Public Agency Approvals ................................................................................................. 9 Related Projects ........................................................................................................................................ 9 Environmental Checklist .............................................................................................................................. 10 Project Information ................................................................................................................................. 10 Environmental Factors Potentially Affected ........................................................................................... 12 Determination ......................................................................................................................................... 12 Evaluation of Environmental Impacts ..................................................................................................... 13 Environmental Issues .................................................................................................................................. 14 1. Aesthetics ............................................................................................................................................ 14 2. Agriculture and Forestry Resources .................................................................................................... 15 3. Air Quality ............................................................................................................................................ 16 4. Biological Resources ........................................................... : ....................................... : ........................ 17 5. Cultural Resources .................................................... : .......................................................................... 18 6. Geology and Soils ....................................... : ..................................................... : .. ; ................................ 18 7. Greenhouse Gas Emissions .~ ................................................... : ........................................................... 20 8. Hazards and Hazardous Materials ....................................................................................................... 21 9. Hydrology and Water Quality ................................................................................................... '. .......... 22 10. Land Use and Planning ...................................................................................................................... 23 11. Mineral Resources ............................................................................................................................. 24 12. Noise .................................................................................................................................................. 25 13. Population and Housing .................................................................................................................... 25 14. Public Services ................................................................................................................................... 26 · 15. Recreation ......................................................................................... , ............................................... 27 16. Transportation/Traffic ......................................................................... ~ .. ~ .......................................... 28 17. Utilities and Service Systems ........... , ................................................................................................. 30 Page 3 of 33 Item 9.a. - Page 85 INmAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) February 2014 Mandatory Findings of Significance ............................................................................................................ 32 References ...................................... : ............................................................................................................ 33 Page4 of 33 Item 9.a. - Page 86 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) Introduction Introduction and Regulatory Guidance February 2014 The Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo Grande (the City) to evaluate the potential environmental effects of the proposed project. This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a significant effect on· the environment, an Environmental Impact Report (EIR) must be prepared, in accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in the project plans or proposals made by or agreed to by the applicant avoid, reduce or mitigate the potentially significant effects to a less-than-significant level, a Mitigated Negative Declaration may be prepared instead of an EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons a proposed project would not have a significant effect on the environment and, therefore, why an EIR need not be prepared. This IS/MND conforms to the content requirements under CEQA Guidelines §15071. Lead Agency The lead agency is the public agency with primary approval authority over the proposed project. In accordance with CEQA Guidelines §15051(b)(1), "the lead agency will normally be an agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for the lead agency is: Kelly Heffernen, AICP Associate Planner City of Arroyo Grande Arroyo Grande, CA 93420 (805) 473-5420 Purpose and Document Organization The purpose of this document is to evaluate the potential environmental effects of the proposed project. This document is organized as follows: • Introduction: This chapter provides an introduction to the project and describes the purpose and organization of this document. • Project Description: This chapter describes the reasons for the project, scope of the project, and project objectives. • Environmental Setting, Potential Impacts and Mitigation Measures: Page 5 of 33 Item 9.a. - Page 87 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) February 2014 This chapter identifies the significance of potential environmental impacts, explains the · environmental setting for each environmental issue, and evaluates the potential impacts identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are incorporated, where appropriate, to reduce potentially significant impacts to a less-than- significant level. • Mandatory Findings of Significance: This chapter identifies and summarizes the overall significance of any potential impacts to natural and cultural resources, cumulative impacts, and impact to humans, as identified in the Initial Study. • References: This chapter identifies the references and sources used in the preparation of this IS/MND. It also provides a list of those involved in the preparation of this document. Summary of Findings Section 3 of this document contains the Environmental (Initial Study) Checklist that identifies the potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting from implementation of the proposed project. In accordance with §15064(f} of the CEQA Guidelines, a Negative Declaration shall be prepared if the lead agency determines there is no substantial evidence that the project may have a significant effect on the environment. It is proposed that a Negative Declaration be adopted in accordance with the CEQA Guidelines. Page 6 of 33 Item 9.a. - Page 88 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) Project Description Introduction February 2014 The City of Arroyo Grande (the City} has prepared this Initial Study/Mitigated Negative Declaration (IS/MND} to evaluate the potential environmental effects associated with the proposed annexation of the subject 48.74-acre property into the City limits. The Local Agency Formation Commission (LAFCO} approved an amendment to the City's Sphere of Influence (SOI} in October 2013 to include the subject property within the City's SOI boundary. The County of San Luis Obispo approved the Heights at Vista Del Mar Vesting Tentative Tract Map 3048 in December 2013 which further subdivided the previously approved Busick Tract Map 1789 of sixteen (16} lots to twenty-two (22} lots. LAFCO adopted an Initial Study/MND for the SOI amendment, and the County relied on a previously certified Final Environmental Impact Report (FEIR} for Vesting Tentative Tract Map 1789 and an addendum to the FEIR in approving Vesting Tentative Tract Map 3048. For the purpose of this analysis, the Heights at Vista Del Mar Tract Map 3048 shall be known as the "Project Site". Project Scope and Location The project site is located at the current terminus of Castillo Del Mar Drive, immediately southwest of U.S. Highway 101, southwest of the City of Arroyo Grande. A gated, unpaved, access road currently runs through the parcel connecting Castillo Del Mar Drive in the Vista Del Mar residential subdivision and Coast View Drive in Falcon Ridge Estates. The parcel is otherwise undeveloped. Background and Need for Project The originally approved project, Vesting Tentative Tract Map 1789, consisted of a subdivision that would create sixteen (16} residential parcels and would retain a portion of the project site as non-buildable for future placement within an open space easement over Lots 1 through 8. Project site infrastructure included one main access road (extension of Castillo del Mar to end in a cul-de-sac}, emergency access extending from the proposed terminus of Castillo del Mar to the southeastern property boundary, one secondary internal road, a drive extending to a proposed 210,000-gallon water tank, drainage facilities, water supply facilities, and sewer connection lines. At the time of project approval, service providers included Rural Water Company for water supply and South San Luis Obispo County Sanitation District (SSLOCSD) for sewer collection and treatment. VTTM 1789 included a building control line within originally proposed Lots 1 through 8. The applicant agreed to the implementation of the building control line and would place the portions of Lots 1 through 8 outside of the buildable areas in a permanent open space easement. VTTM 1789 included a detention basin on Lot 13 in the far southern corner of the project site to hold stormwater runoff and release it into the culvert at a metered rate. The originally proposed project would have resulted in site alterations during the construction of the Castillo Del Mar Drive primary access road extension, the side cul-de-sac road, emergency secondary access road section improvements, a water tank access road, installation of a water tank, detention basin, utility grading and installation, and drainage improvements. Grading activities would result in the estimated disturbance of approximately 70,000 square feet (1.6 acres} and 25,000 cubic yards of soil. Finished cut and fill slopes would be at a maximum 2:1 grade. Future development would consist of grading for driveways and building pads; and the construction of single-family residences. Based on the Page 7 of 33 Item 9.a. - Page 89 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14--001; DCA 14--003 (HVDM ANNEXATION) February 2014 character of adjacent development, it was likely the future homes would be large and require one to two acres of grading per lot, resulting in an additional 16 to 32 acres of disturbance. The revised project, VTTM 3048, includes 22 residential lots of approximately 1.0 to 2.0 acres in size, one 14.9-acre common open space parcel, and one 0.85-acre common lot· (detention basin). Building envelopes are proposed within each residential lot, ranging in size from approximately 0.24 to 1.3 acres. The single-family residential lots would either be sold to individual owners and developed independently or constructed by a development company and sold as-built. The 14.9-acre common open space parcel (Lot 24) would protect oak woodland and grassland, and would ensure avoidance of significant visual impacts (in combination with identified building envelopes), consistent with the intent of the building control line required for VITM 1789. The applicant will implement a Native Grassland Enhancement Program within Lot 24, which would include enhancement of 0.15 acre of existing native grassland, and an additional 0.75 acre of contiguous native grasses. Program includes weed removal and control, installation of native grass plugs, provision of temporary irrigation, and management for three (3) years. In addition, in lieu of a drainage easement identified on VITM 1789, the project (VITM 3048) proposes a common lot (Lot 23) to contain the detention basin. Both Lots 23 and 24 would be maintained in perpetuity by a Homeowner's Association (HOA). Infrastructure. Project Site infrastructure includes one main access road (extension of Castillo del Mar to end in a cul-de-sac), emergency access extending from the proposed terminus of Castillo del Mar to the southeastern property boundary, two internal roads providing access to Lots 12 through 21, drainage facilities, water supply facilities and connection lines, and sewer connection lines. The existing 25-foot wide emergency access easement across the property would be abandoned. · Consistent with the conditions of approval for VITM 1789, the road section between the cul-de-sac terminus of the Castillo Del Mar Drive extension and the terminus of Coast View Drive within the Falcon Ridge Estates private development would be paved to provide secondary access to the southeast. A "no-notice" gate would be constructed at the eastern terminus of the Castillo Del Mar Drive extension, which would restrict access into the proposed subdivision, but would open upon approach of an automobile heading southeast, allowing unrestricted exit out of the subdivision onto Coast View Drive. Signage would be placed on the gate, notifying project residents that the access is to be used during emergencies only, and that the gate will open automatically upon automobile approach. The applicant proposes to install a Knox Box (a locked box to be opened by a combination or key held by emergency response agencies) on the gate to allow entrance of emergency vehicles from Coast View Drive. The existing gate at the northwestern property boundary, across Castillo Del Mar Drive, would be replaced with a "no-notice" gate, which would open by code upon approach of an automobile heading southeast into the project subdivision on Castillo Del Mar Drive, and would open upon approach of an automobile heading northwest exiting the subdivision on Castillo Del Mar Drive. This gate would be equipped with a Knox Box to allow entrance of emergency vehicles into the subdivision from Castillo Del Mar Drive. Proposed drainage facilities include a storm drain system and detention basin, similar to VITM 1789. The storm drain system would include a network of curb inlets and piping, and an outfall to the detention basin. An existing 36-inch culvert would convey flow from the basin, similar to existing drainage patterns. A metering device would be installed to control and limit peak flow rates. Page 8 of 33 Item 9.a. - Page 90 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) February 2014 Area of Disturbance. The total area of disturbance estimated for infrastructure would be 240,215 square feet (5.5 acres), including 21,098 cubic yards of cut and 22,862 cubic yards of fill. Approximately 1,764 cubic yards of fill would be imported to the site. Based on the reduced lot sizes from the previously approved VTTM 1789, the estimate area that would be graded within each lot would range from approximately 0.24 to 1.3 acres, resulting approximately 12.5 acres of disturbance from lot development. The total area of disturbance would be approximately 18 acres. Wastewater and Water Supply. The Project Site would be served by the SSLOCSD for wastewater collection and treatment, and served by the City of Arroyo Grande for water supply. Other Required Public Agency Approvals Local Agency Formation Commission (LAFCO) Related Projects None. Page 9 of 33 Item 9.a. - Page 91 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14--001; DCA 14--003 (HVDM ANNEXATION) February 2014 Environmental Checklist Project Information Project Title: Lead Agency Name & Address: Contact Person & Telephone Number:. Project Location: Project Sponsor Name & Address: General Plan Designation: Zoning: Description of Project: Project Setting: General Plan Amendment 14-001 Development Code Amendment 14-003 Heights at Vista Del Mar (HVDM) Annexation City of Arroyo Grande 300 East Brach Street Arroyo Grande, CA 93420 Kelly Heffernan, Associate Planner {805) 473-5420 The Project Site is located at the current terminus of Castillo Del Mar Drive, immediately southwest of U.S. Highway 101, southwest of the City of Arroyo Grande. The Heights at Vista Del Mar Group, LLC 332 Creekview Way Arroyo Grande, CA 93420 County Designation: Residential Suburban City Proposed: Single Family Residential Low Density County Designation: Residential Suburban City Proposed: Residential Hillside The project includes amendments to the City of Arroyo Grande's General Plan and Development Code to prezone and annex a 48.74- acre property adjoining the City to the south. Arroyo Grande's distinctive character derives from its traditional ties to agriculture, physical diversity, unique village, small town atmosphere and rural setting. The City is largely built-out and is expected to experience only modest growth over the next 25 years. Arroyo Grande is located in the southwestern portion of San Luis Obispo County. The City is 5.45 square miles in size {3,388 acres), and has an estimated population of 17,252 {U.S. 2010 Census). The Pacific Ocean lies approximately 1.5 miles to the west of Arroyo Grande, and U.S. 101 extents northwest and southeast through the middle of the City. There are several creeks and tributaries that traverse the City, including Arroyo Grande Creek which runs in a generally north-south direction through the eastern portion of the Page 10 of 33 Item 9.a. - Page 92 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14--001; DCA 14--003 (HVDM ANNEXATION) February 2014 City. The topography of Arroyo Grande ranges from moderate and steep hillsides to the north of U.S. 101 to relatively flat parcels toward the center of town, to moderate slopes further south. The Wilmar Avenue fault is a potentially active fault adjacent to the City, and the Pismo fault underlies portions of Arroyo Grande but is inactive and poses very low potential fault rupture hazard to the City. Arroyo Grande is bounded by the Cities of Grover Beach and Pismo Beach to the southwest and west and to the unincorporated County to the north, east and south. Residential Rural and Suburban development characterize unincorporated areas to the north and southeast, and Agricultural uses dominate the Arroyo Grande Valley that extends northeast and south of the City. The Project Site is surrounded by low density residential development and open space {City) to the north, low density residential development {County) and U.S. Highway 101 to the east, mobile homes {City) and low density residential development {County) to the south, and low density residential development and mobile homes {City) to the west. Page 11of33 Item 9.a. - Page 93 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) .Environmental Factors Potentially Affected February 2014 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following pages: D Aesthetics D Biological Resources D Greenhouse Gas Emissions D Land Use/Planning D Population/Housing D Transportation/Traffic Determination D Agricultural Resources D Cultural Resources D Hazards & Hazardous Materials D Mineral Resources D Public Services 181 Utilities/Service Systems On the basis of this initial evaluation: D Air Quality D Geology/Soils D Hydrology/Water Quality D Noise D Recreation D Mandatory Findings of Significance D I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. I find that, although the original scope of the proposed project COULD have had a significant effect on the environment, there WILL NOT be a significant effect because revisions/mitigations to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT or its functional equivalent will be prepared. D I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment. However, at least one impact has been adequately analyzed in an earlier document, pursuant to applicable legal standards, and has been addressed by mitigation measures based on the earlier analysis, as described in the report's attachments. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the impacts not sufficiently addressed in previous documents. D I find that, although the proposed project could have had a significant effect on the environment, because all potentially significant effects have been adequately analyzed in an earlier EIR or Negative Declaration, pursuantto applkable standards, and have been avoided or mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than- significant level and no further action is required. Kelly Heffernen, AICP Associate Planner Date Page 12 of 33 Item 9.a. - Page 94 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) Evaluation of Environmental Impacts February 2014 1. A brief explanation is required for all answers, except "No Impact", that are adequately _ supported by the information sources cited. A "No Impact" answer is adequately supported if the referenced information sources show that the impact does not apply to the project being evaluated (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on general or project-specific factors (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must consider the whole of the project-related effects, both direct and indirect, including off-site, cumulative, construction, and operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, the checklist answers must indicate whether that impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is sufficient evidence that a substantial or potentially substantial adverse change may occur in any of the physical conditions within the area affected by the project that cannot be mitigated below a level of significance. If there are one or more "Potentially Significant Impact" entries, an Environmental Impact Report (EIR} is required. 4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation Incorporated) applies where the incorporation of mitigation measures, prior to declaration of project approval, has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact with Mitigation." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR (including a General Plan) or Negative Declaration [CCR, Guidelines for the Implementation of CEQA, § 15063(c)(3)(D)]. References to an earlier analysis should: a) Identify the earlier analysis and state where it is available for review. b) Indicate which effects from the environmental checklist were adequately analyzed in the earlier document, pursuant to applicable legal standards, and whether these effects were adequately addressed by mitigation measures included in that analysis. c) Describe the mitigation measures in this document that were incorporated or refined from the earlier document and indicate to what extent they address site-specific conditions for this project. 6. Lead agencies are encouraged to incorporate references to information sources for potential impacts into the checklist or appendix (e.g., general plans, zoning ordinances, biological assessments). Reference to a previously prepared or outside document should include an indication of the page or pages where the statement is substantiated. 7. A source list should be appended to this document. Sources used or individuals contacted should be listed in the source list and cited in the discussion. 8. Explanation(s) of each issue should identify: a) the criteria or threshold, if any, used to evaluate the significance of the impact addressed by each question and b) the mitigation measures, if any, prescribed to reduce the impact below the level of significance. Page 13 of 33 Item 9.a. - Page 95 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) February 2014 Environmental Issues 1. Aesthetics Environmental Setting The City of Arroyo Grande is mostly built-out, with distinct residential, commercial and agricultural districts and several mixed-use areas. The City also contains portions of three creeks and several open space areas. The project site is located on 48.74 acres of gently rolling to moderately steep hillsides that rise up from the coastal Arroyo Grande valley, immediately south of the Arroyo Grande City Limits.· The project site is generally a transitional landscape, located on the southeast perimeter of the valley where flatter topography approaches the foothills of the coastal mountain range. The landscape of the region is typified by rolling hills with moderately steep-sided drainages flattening out as they meet the coastal terrace and valley. The project site itself ranges in elevati~n from approximately 185 to 310 feet above sea level. Slopes vary from the 15 to 28 percent range throughout most of the site to 30 percent along the northeast portion of the property adjacent to U.S. Highway 101. Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Have a substantial adverse affect on a scenic vista? D D D 181 b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and D D D 181 historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or D D D 181 quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in D D D 181 the area? Discussion The proposed annexation does not directly or indirectly lead to or cause impacts regarding Aesthetics. The County of San Luis Obispo approved Tract Map 3048 and EIR Addendum for a 22-unit tract in October 2013 that addressed aesthetic impacts specific to the project. As part of that approval, conditions were added on behalf of the City. Specifically, Condition of Approval No. 9 states the following regarding aesthetics: Prior to issuance of grading permit, the applicant shall submit design guidelines for review and approval by the Architectural Review Committee. The guidelines shall include architectural, site planning and landscaping concepts. The design guidelines shall be used in the City's plan review process to review compliance with water conservation and stormwater requirements and to encourage the highest level of design quality while providing flexibility necessary to encourage creativity on the part of the project designer. Page 14 of 33 Item 9.a. - Page 96 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) a-cl: No impacts. 2. Agriculture and Forestry Resources Environmental Setting February 2014 The City of Arroyo Grande contains approximately 460 acres of active farmland, most of which is Prime Farmland consisting of Class I and Class II soils. Numerous goals, policies and objectives are provided in the City's Agriculture, Conservation and Open Space Element of the General Plan that are aimed at preserving agricultural land within the City limits. There are no forest resources located within the City. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220)g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Discussion Potentially Significant Impact D D D D D Less Than Significant with Mitigation D D D D D Less Than Significant Impact D D D D D No Impact Annexation of the Project Site will not by itself result in impacts to agricultural resources within the City of Arroyo Grande. An agricultural resources section was included in the Final EIR for VTTM 1789 in order to address the potential loss of agricultural land due to the construction of an offsite road that would connect Castillo Del Mar Drive and Valley Road and improve circulation in the area, including accommodation of additional trips from VTTM 1789. The construction of the road was addressed in a Mitigated Negative Declaration adopted by the City on August 22, 2006 for a separate project (General Plan Amendment Case No. 06-001, Development Code Amendment Case No 06-001, and Tentative Parcel Map Case No. 06-004). The City required payment of an in lieu fee at a 2:1 ratio for the loss of 1.2 acres of prime farmland, which was paid by the applicant at the time. Implementation of the revised project (VTTM 3048) would have no effect on this previous determination. Page 15 of 33 Item 9.a. - Page 97 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) a-e: No impacts. 3. Air Quality Environmental Setting February 2014 San Luis Obispo County is in non-attainment status for ozone (03 ), respireable particulate matter (PMlO) and vinyl chloride under the California Air Resource Board (CARB) standards. The County is in attainment status for all other applicable CARB standards. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Discussion Potentially Significant Impact D D D D D Less Than Significant with Mitigation D D D D D Less Than Significant Impact D D D D D No Impact The San Luis Obispo County Air Pollution Control District (APCD) is charged with implementing regulations and programs to reduce air pollution and assist the unincorporated county and cities in reaching all outdoor air quality standards. APCD has developed the CEQA Air Quality Handbook to evaluate project specific impacts and determine if air quality mitigation measures are needed, or if potentially significant impacts could result. The City refers to this Handbook for all projects subject to CEQA. The proposed annexation does not directly or indirectly lead to or cause impacts regarding Air Quality. The County considered an Addendum to the previously certified FEIR when approving VTTM 3048. As part of that analysis, the Air Quality section was updated to include the current APCD construction standards and mitigations for construction emissions and dust control. a-e: No impacts. Page 16 of 33 Item 9.a. - Page 98 INmAL STUDY/ MITIGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) 4. Biological Resources Environmental Setting February 2014 The City of Arroyo Grande has several areas with sensitive habitats that support various threatened, endangered, candidate, sensitive, or special status species. The General Plan Agriculture, Conservation and Open Space Element focuses on habitat protection through its policies and programs. Would the project: a) Have a substantial adverse effect, either directly or through habitat modification, on any species identified as a sensitive, candidate, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by §404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree . preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion Potentially Significant Impact D D D D D D Less Than Significant with Mitigation D D D D D D Less Than Significant Impact D D D D D D No Impact The proposed annexation will not directly or indirectly result in impacts to any endangered, threatened or rare species or their habitats. The proposed project would result in the addition of 48.74 acres of land into the City limits. The approved subdivision VTTM 3048 created twenty-tWo (22) residential lots within the same general development area as the prior map creating no new biological impact potential. The biological resources analysis for VTTM 1789 included a Botanical Survey (Holland 1989), Pismo Clarkia Survey (Morro Group 2003), and Burrowing Owl Survey (McCormick 1997). The EIR analysis also included habitat mapping and quantification of oak trees onsite. The applicant for VTTM 3048 Page 17 of 33 Item 9.a. - Page 99 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) February 2014 submitted an updated Biological Resources Review and Impact Analysis (Althouse and Meade 2013), which considered updated vegetation classifications and included an in-season floristic survey. Based on the analysis, no new significant impacts or substantial increase in the severity of impacts would occur in regards to biological resources as a result of the project revisions. a-f: No impacts. 5. Cultural Resources Environmental Setting Previous investigations have indicated the presence of Native Americans within the present-day City limits during prehistoric times. There are a handful of designated historical resources within the City, including the IOOF Hall, the Pauling House and the Bridge Street Bridge. Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Cause a substantial adverse change in the significance of a historical resource, as defined in D D D §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource, pursuant to D D D §15064.5? c) Disturb any human remains, including those interred D D D outside of formal cemeteries? Discussion The proposed annexation does not cause direct or indirect impacts regarding Cultural Resources. The Project Site would result in the addition of land into the City limits, with a net increase of 48.74 acres. During the FEIR for VTTM 1789, cultural resources were reviewed and determined to not be impacted. a-c: No impacts. 6. Geology and Soils Environmental Setting There are two faults within City limits, the Pismo Fault and the Wilmar Avenue Fault. The Pismo Fault is an inactive fault, and presents a low risk to Arroyo Grande. The Wilmar Avenue fault is a potentially active fault that runs through the City, generally parallel to US 101. Approximately half of the City is at moderate risk for liquefaction caused by strong seismic ground shaking during an earthquake. These areas are primarily located south of US 101 and in the eastern part of the City. The majority of the City is at low risk for landslides. The areas at greatest risk are hillsides where greater slopes are located. The potential for slope stability hazards in valley areas is low to very low. The areas at greatest risk for landslide are just north of US 101 in the hillsides and in the eastern portions of the City. Page 18 of 33 Item 9.a. - Page 100 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area, or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable, as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994}, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems, where sewers are not available for the disposal of waste water? Discussion Potentially Significant Impact D D D D D Less Than Significant with Mitigation D D D D D Less Than Significant Impact D D D D D February 2014 No Impact The proposed annexation does not lead to or cause direct or indirect impacts regarding Geology. The County has already approved VTTM 3048 which created twenty-two (22} residential lots. Impacts regarding Geology were evaluated as part of the County's approval. The project site is located on the southwest flank of a range of low to moderately high hills referenced in the geologic literature of the area as the San Luis Range. These hills range in elevation from 100 to 1,200 feet above sea level. The Irish Hills comprise the core of the range to the northwest, and Newsome Ridge and Temetate Ridge form the primary elements to the southeast. Complexly folded Tertiary rocks generally form the majority of the core of the range while younger rocks form the flans. Pacific Geoscience, Inc. co_nducted soils engineering investigations within Vista Del Mar (Tract 2207}. to the north of the project site and on the project site itself in 1988 and 1989, respectively. Thee evaluations were considered in the FEIR for VTTM 1789 (October 2007). The conclusions determined from these studies were based on the characteristics observed onsite, and the proposed location of future development, the potential for slope failure in the buildable area is low. Based on investigations Page 19 of 33 Item 9.a. - Page 101 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) February 2014 conducted for PG&E in 1988, Earth Systems Consultants trenching in 1996 and 1997, the potential for a hazard due to active faulting at the project site was determined not significant. The potential for liquefaction at the site was considered essentially zero, and no subsurface water or springs were observed or encountered during field visits or subsurface investigations conducted on the project site. Based on the geologic studies and reports prepared for VTTM 3048 and review of these reports under the FEIR, no potentially significant impacts related to geologic, soils, or seismic hazards have been identified, and no mitigation measures were required beyond standard building regulations. a-e: No impacts. 7. Greenhouse Gas (GHG) Emissions Environmental Setting The City of Arroyo Grande emitted approximately 96,549 metric tons of carbon dioxide equivalent (COze) in the baseline year 2005. The transportation sector was by far the largest contributor to emissions (57.0%), producing approximately 55,030 metric tons of COze in 2005. Emissions from the residential sector were the next largest contributor (24.6%), producing approximately 23,778 metric tons of COze. The commercial and industrial sectors accounted for a combined 12.3% of the total. Emissions from solid waste comprised 6.0% of the total, and emissions from other sources such as agricultural equipment comprised 0.1%. The majority of emissions from the transportation sector were the result of gasoline consumption in private vehicles traveling on local roads, US Highway 101, and state highways. Greenhouse gas (GHG) figures from the waste sector are the estimated future emissions that will result from the decomposition of waste generated by city residents and businesses in the base year 2005, with weighted average methane capture factor of 60.0 % Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant effect on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Discussion Potentially Significant Impact D D Less Than Less Than Significant with Significant No Impact Mitigation Impact D D D D The proposed annexation does not lead to or cause direct or indirect impacts regarding Greenhouse Gases. The proposed project itself would not expand or intensify existing uses nor introduce any new uses or sources of greenhouse gases. An air quality analysis for VTTM 1789 was completed as part of the EIR using URBEMIS 2001. At the time, thresholds of significance identified in the San Luis Obispo Air Pollution Control District's (SLOAPCD) CEQA Air Quality Handbook (SLOAPCD 2003) were applicable. At the time, the CEQA analysis was not required to include an assessment of greenhouse gas emissions. Page 20 of 33 Item 9.a. - Page 102 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) February 2014 The applicant submitted an updated air quality analysis, including air emission modeling using CalEEMod and thresholds of significance identified in the SLOAPCD's current CEQA Handbook (SLOAPCD 2012). The model includes quantification of greenhouse gas emissions. Based on the analysis, no new significant impacts or substantial increase in the severity of impacts would occur regarding air quality and greenhouse gas emissions as a result of the project revisions. · a-b: No impacts. 8. Hazards and Hazardous Materials Environmental Setting There are no known hazardous materials sites in the City, nor are there any airports within the vicinity of the City. Properties located east of U.S. Highway 101 are more prone to fire risk given the steeper topography and wooded open space areas. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b} Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials, substances, or waste into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites, compiled pursuant to Government Code §65962.5, and, as a result, create a significant hazard to the public or environment? e) Be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the project result in a safety hazard for people residing or working in the project area? f) Be located in the vicinity of a private airstrip? If so, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially Significant Impact D D D D D D D Less Than Significant with Mitigation D D D D D D D Less Than Significant Impact D D D D D D D No Impact Page 21of33 Item 9.a. - Page 103 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) h) Expose people or structures to a significant risk of loss, injury, or death from wildland fires, including areas where wildlands are adjacent to urbanized areas or where residences are intermixed with wild lands? Discussion February 2014 . D D D The proposed annexation does not lead to or cause direct or indirect impacts regarding Hazards and Hazardous Materials. Issues relative to hazardous materials were addressed in the EIR for the City's 2001 General Plan. In addition, regulations related to hazardous materials and waste are implemented by a number of government agencies that have established regulations regarding the proper transportation, handling, management, use, storage, and disposal of hazardous materials for specific operations and activities. Pursuant to CEQA, the Department of Toxic Substance Control maintains a hazardous-waste and substances sites list (Cortese List). No sites in Arroyo Grande are listed on the Cortese list. There are no properties within the City that are included in an Airport Plan. The FEIR for VTTM 1789 did not identify impacts related to hazards or hazardous materials. a-h: No impacts. 9. Hydrology and Water Quality Environmental Setting The City of Arroyo Grande draws its water supply from a combination of the Lopez Reservoir and groundwater wells. Wastewater service is provided by the South San Luis Obispo County Sanitation District. The City adopted interim low-impact development (LID) guidelines to address stormwater runoff issues in 2009, and recently amended its Grading Ordinance, and added new requirements for post construction stormwater compliance, illegal discharges and illicit connections in compliance with the requirements of the Federal Clean Water Act, the implementing regulations for the National Pollutant Discharge Elimination System (NPDES), and the California Porter-Cologne Water Quality Control Act. These requirements provide for the regulation and reduction of pollutants discharged to waters of the State and United States by extending NPDES requirements to storm water and urban runoff discharges to and from municipal storm drain systems. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially · with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? Potentially Significant Impact D D Less Than Significant with Mitigation D D Less Than Significant No Impact Impact D D Page 22 of 33 Item 9.a. - Page 104 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) c) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, in a manner which would result in substantial on-or off-site erosion or siltation? d) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in on-or off-site flooding? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Substantially degrade water quality? g) Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map, or other flood hazard delineation map? h) Place structures that would impede or redirect flood flows within a 100-year flood hazard area? i) Expose people or structures to a significant risk of loss, injury, or death from flooding, including flooding resulting from the failure of a levee or dam? j) Result in inundation by seiche, tsunami, or mudflow? Discussion D D D D D D D D February 2014 D D D D D D D D D D D D D D D D The proposed annexation does not lead to or cause direct or indirect impacts regarding Hydrology and Water Quality. The project site is not located within the 100-year floodplain. Specific policies have been put in place to protect the public and environment against impacts associated with water quality, adequacy of groundwater supply, drainage patterns: and/or stormwater runoff issues. All adopted policies, ordinances and regulations regarding hydrology, water quality and flood control would remain in place. The project would not place structures or housing within a flood hazard zone or within the inundation area of any dam or levee system. Additionally, the project area is not located within the vicinity of a large body of water capable of seiche or tsunami. The applicant submitted a Preliminary Drainage Report (Wallace Group 2013) for VTTM 3048, which included an assessment of the stormwater system and detention basin. The report confirmed that the conceptual drainage plan identified for VTTM 1789 is applicable to VTTM 3048, and compliance with existing regulations would address potential drainage and erosion impacts. a-j: No impacts. 10. Land Use and Planning Environmental Setting The City encompasses approximately 5.5 square-miles and is bisected north/south by US Highway 101. There are several distinct land use categories and zoning districts for residential, commercial, industrial, Page 23 of 33 Item 9.a. - Page 105 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA l~Olj DCA 14-003 (HVDM ANNEXATION) February 2014 agricultural and mixed uses. The City is adjoined by the cities of Pismo Beach and Grover Beach to the west and unincorporated areas of San Luis Obispo County to the north, east and south. Would the project: a) Physically divide an established community? b) Conflict with the applicable land use plan, policy~ or regulation of any agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Discussion Potentially Significant Impact D D D Less Than Less Than Significant with Significant No Impact Mitigation Impact D D 181 D D D D The proposed annexation does not lead to or cause direct or indirect impacts regarding Land Use and Planning. Annexation of the subject property is logical given that it is bordered by the City on two sides (to the northwest and southeast), and the approved residential subdivision VTTM 3048 is similar in density and configuration as the Vista Del Mar residential subdivision located adjacent to the project site to the northwest within the City limits. Annexation of the project site will not physically divide an established community, conflict with the City's General Plan Land Use Element policies, or conflict with any habitat conservation plan. CH:: No impacts. 11. Mineral Resources Environmental Setting There are no known mineral resources in the City of Arroyo Grande and therefore no mining operations located within the City limits. Would the project: a) Result in the loss of availability of a known mineral resource that is or would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Discussion a-b: No impacts. Potentially Significant Impact D D Less Than Less Than Significant with Significant No Impact Mitigation Impact D D D D Page 24 of 33 Item 9.a. - Page 106 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) 12. Noise Environmental Setting February 2014 Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and U.S. Highway 101, with intermittent noise generated by agricultural operations and construction activities. Would the project: a) Generate or expose people to noise levels in excess of standards established in a local general plan or noise ordinance, or in other applicable local, state, or federal standards? b) Generate or expose people to excessive ground borne vibrations or groundborne noise levels? c) Create a substantial permanent increase in ambient noise levels in the vicinity of the project (above levels without the project)? d) Create a substantial temporary or periodic increase in ambient noise levels in the vicinity of the project, in excess of noise levels existing without the project? e) Be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the project expose people residing or working in the project area to excessive noise levels? f) Be in the vicinity of a private airstrip? If so, would the project expose people residing or working in the project area to excessive noise levels? Discussion Potentially Significant Impact D D D D D D Less Than Less Than Significant with Significant No Impact Mitigation · Impact D D D D 181 D D 181 D D D D D D The proposed annexation does not lead to or cause direct or indirect impacts regarding Noise. Development occurring on the subject property could result in noise levels at adjacent land uses that would be potentially significant. The Noise Element of the 2001 General Plan includes goals and implementation measures designed to reduce noise impacts on new development, and the City's Noise Ordinance is the primary implementing tool of the Noise Element through specific noise standards. a-f: No impacts. 13. Population and Housing Environmental Setting Arroyo Grande has a population of 17,252 (2010 Census) with an average household size of 2.4 persons. The City is largely built out with most residential development consisting of infill development. Page 25 of 33 Item 9.a. - Page 107 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion Potentially Significant Impact D D D Less Than Significant with Mitigation D D D Less Than_ Significant Impact D D D February 2014 No Impact The proposed annexation will not by itself induce substantial population growth in the City. Annexation and development of VTTM 3048 under the City's General Plan instead of within the unincorporated County would not increase the development potential of the property. The project will not displace substantial numbers of people or homes. a-c: No impacts. 14. Public Services Environmental Setting The City of Arroyo Grande administers its own police department and parks and recreation facilities. Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement (JPA). The Lucia Mar Unified School District (LMUSD) provides K-12 educational facilities. Public services to the project site will be readily provided by the City of Arroyo Grande. Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Result in significant environmental impacts from construction associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, to D D D maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? D D ~ D Police protection? D D ~ D Schools? D D ~ D Parks? D D ~ D Other public facilities? D D ~ D Page 26 of 33 Item 9.a. - Page 108 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) Discussion February 2014 Annexation of the subject property will not by itself result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection, police protection, school, parks or other governmental facilities. Impacts associated with these facilities were addressed in the 2001 General Plan EIR. Mitigation measures integrated into the General Plan in the form of goals, policies and implementation measures are designed to reduce all significant impacts to a level of less than significant. The project will be subject to impact fees as determined appropriate by the City, and will comply with all applicable City policies and regulations related to public services. The City of Arroyo Grande contracts with the Five Cities Fire Authority who would be responsible for the provision of fire protection services to the annexed property. VTTM 3048 includes the same access plan as approved for VTTM 1789. Primary access would be provided via Castillo Del Mar Drive to the west, and secondary access would be provided via Coast View Drive to the east. The applicant will install a gate on Castillo Del Mar Drive and Coast View Drive at the western and eastern property boundaries. Each gate would open automatically upon automobile approach to allow exit from the project site. The eastern gate on Coast View Drive would restrict entry into the subdivision (with the exception of emergency vehicles via use of a KNOX box), and signage will be installed on the gate for future residents noting that use of the secondary access road shall be limited to emergency situations only. The western gate on Castillo Del Mar Drive will include a coded entry system in addition to a KNOX box for emergency vehicles. Additional standards such as· setbacks, fuel management, and installation of sprinklers are also required. The Five Cities Fire Authority and the City's Building Division will be responsible for ensuring that the project and individual residences comply with the Uniform Building code. The City provides law enforcement services at a ratio of 1.5 officers per thousand residents. The Lucia Mar Unified School District has more than 10,700 students who attend eleven elementary schools, three middle schools, two comprehensive high schools, one continuation high school, and one adult education program. Any new development would be required to pay impact fees that together with the additional parcel taxes would be sufficient to mitigate impacts of new development. a: Less than significant impact. 15. Recreation Environmental Setting . The Recreation Department oversees recreational activities throughout the City and manages the City's various parks and open spaces. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact D Less Than Significant with Mitigation 0 Less Than Significant No Impact Impact D Page 27 of 33 Item 9.a. - Page 109 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Discussion D February 2014 D D Annexation of the subject property will not by itself result in substantial adverse physical impacts associated with the provision of new or physically altered park facilities or government services. The 1975 Quimby Act ensures that local governments set aside parkland and open space for recreational purposes as part of development agreements. VTIM 3048, as conditioned, requires compliance with Quimby Act by paying a proportional share of impact fees. Therefore, no significant impacts on parks and recreation are anticipated. a-b: No impacts. 16.Transportation/Traffic Environmental Setting The City's street network consists of a hierarchy of street types which serve different functions. These include freeways, arterials, collectors, local streets and alleyways. Freeways route traffic through the community and are characterized by large traffic volumes and high- speed travel. Arterials link residential and commercial districts and serve shorter through traffic needs. Due to the heavier traffic on arterials, adjacent land uses are intended to be a mix of commercial and multi-family residential. Collector streets link neighborhoods to arterials and are not intended for through traffic but are nonetheless intended to move traffic in an efficient manner. Local streets are designed to serve only adjacent land uses and are intended to protect residents from through traffic impacts. Would the project: a) Cause a substantial increase in traffic, in relation to existing traffic and the capacity of the street system (i.e., a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, individually or cumulatively, the level of service standards established by the county congestion management agency for designated roads or highways? c) Cause a change in air traffic patterns, including either an increase in traffic levels or a change in location, that results in substantial safety risks? Potentially Significant Impact D D D Less Than Significant with Mitigation D D D Less Than Significant Impact D D D No Impact Page 28 of 33 Item 9.a. - Page 110 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14--00lj DCA 14--003 (HVDM ANNEXATION) d) Contain a design feature (e.g., sharp curves or a dangerous ·intersection) or incompatible uses (e.g., farm equipment) that would substantially increase hazards? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion February 2014 D D ·o 181 D D D 181 D D D 181 D D D 181 The proposed annexation does not lead to or cause direct or indirect impacts regarding Transportation/Traffic. The Final EIR for VTTM 1789 included a traffic analysis (Higgins Associates and Associated Transportation Engineers 2002, 2004). The analysis· addressed potential impacts resulting from the proposed project, including the generation of 154 average daily trips, including 12 a.m. peak hour trips and 16 p.m. peak hour trips. The analysis concluded that the additional trips would not result in any significant traffic or circulation-related impacts. The applicant submitted a Supplemental Traffic Analysis (ATE 2013} for VTTM 3048. The analysis determined that the proposed revised project would generate a total of 209 average daily trips, including 17 a.m. peak hour trips and 22 p.m. peak hour trips. Therefore, the revised project would generate an additional 57 average daily trips, 5 a.m. peak hour trips, and 6 p.m. peak hour trips compared to VTTM 1789. The proposed project and Supplemental Traffic Analysis were reviewed by County Public Works and the City of Arroyo Grande, and no significant issues were identified. The increase in trips would not have a significant adverse effect on roadways and intersections, and would not result in a new significant impact, and the project-specific impacts would remain less than significant. The primary trips would affect roads within the City of Arroyo Grande and payment of standard traffic impact fees would apply. In addition, in 2006 a MOU was signed and executed by J.H. Land Partnership (the previous applicant), the City, Lucia Mar School District, and a private property owner, John Taylor. The MOU allowed the City to remove a non-access easement at the easterly terminus of Castillo Del Mar in exchange for fees to acquire land on which to extend Castillo Del Mar to Valley Road. The City analyzed the effects of the access connection in an adopted MND (General Plan Amendment Case No. 06-001, Development Code Amendment Case No. 06-001, and Tentative Parcel Map Case No. 06-004} (August 2006}. The intent of the access connection is to improve circulation in the area, and no significant traffic impacts were identified. Mitigation measures specific to road design were adopted by the City, including restrictions on parking and sidewalks on the northern side of the road, and inclusion of a Class II bike lane. A key issue discussed in the Final EIR and during public hearings, which resulted in the certification of the Final EIR and approval of VTTM 1789, is the generation of trips at the El Campo Road and State Route 101 intersection. This intersection was, and remains, at a level of service (LOS) F due to an existing deficient and potentially hazardous condition (at-grade intersection). Similar to VTTM 1789, the revised project would route traffic north onto Castillo Del Mar and Orchard Street. Secondary access would be provided to the south via Coast View Drive and through Falcon Ridge Estates, a private, gated, residential community. Restrictions are necessary to limit use of this Page 29 of 33 Item 9.a. - Page 111 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) February 2014 secondary access road to emergency situations. Pursuant to the final conditions of approval, the applicant may construct one of the two options: a "no-notice" gate with third-party security monitoring or a crash-gate. A "no-notice" gate would be constructed at the eastern terminus of the Castillo Del Mar Drive extension, which would restrict access into the proposed subdivision, but would open upon approach of an automobile heading southeast, allowing unrestricted exit out of the subdivision onto Coast View Drive. Signage would be placed on the gate, notifying project residents that the access is to be used during emergencies only, and that the gate will open automatically upon automobile approach. The applicant proposes to install a Knox Box (a locked box to .be opened by a combination or key held by emergency response agencies) on the gate to allow entrance of emergency vehicles from Coast View Drive. The existing gate at the northwestern property bounda,.Y, across Castillo Del Mar Drive, would be replaced with a "no-notice" gate, which would open by code upon approach of an automobile heading southeast into the project subdivision on Castillo Del Mar Drive, and would open upon approach of an automobile heading northwest exiting the subdivision on Castillo Del Mar Drive. This gate would be equipped with a KNOX Box to allow entrance of emergency vehicles into the subdivision from Castillo Del Mar Drive. a-g: No impacts. 17. Utilities and Service Systems Environmental Setting Water and sewer utilities are provided by the City of Arroyo Grande and the South San Luis Obispo County Sanitation District. Would the project: a) Exceed wastewater treatment restrictions or standards of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities? Would the construction of these facilities cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities? d) Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? e) Result in a determination, by the wastewater treatment provider that serves or may serve the project, that it has adequate capacity to service the project's anticipated demand, in addition to the provider's existing commitments? Potentially Significant Impact D D D D D D Less Than Significant with Mitigation D D D D D Less Than Significant Impact D No Impact D D D D D D Page 30 of 33 Item 9.a. - Page 112 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-001; DCA 14-003 (HVDM ANNEXATION) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations as they relate to solid waste? Discussion D D February 2014 D D D D Annexation of the subject property will not by itself cause direct impacts regarding Utilities and Service Systems, although.less than significant indirect impacts may occur. The City will be responsible for the provision of water and wastewater collection to the subject property. The SSLOCSD will provide wastewater treatment. The City would also be responsible for the maintenance of the water distribution system to serve the subject property upon annexation. The SSLOCSD wastewater disposal system most recent expansion project added to the treatment plant a secondary digester, and additional primary clarifier, a chorine contact chamber, a nds centrifuge, a new centrifuge building, and a ferrous chloride chemical feed system for the control of sulfides in the digester gas. The wastewater treatment plant is currently operating at about 60% of permitted capacity. The SSLOCSD has written a letter indicating the district has capacity to serve VTTM 3048. The process of connection fees will need to be finalized before they can write a will serve letter. LAFCO has already approved the Outside User Agreement to allow wastewater services. a-c; e-g: No impacts. The City of Arroyo Grande will be responsible for the provision of water supplies to the subject property. The City will also be responsible for the maintenance of the water distribution system to serve the property. The City currently receives water supplies from Lopez Lake Reservoir and groundwater from the Pismo Formation and Tri-Cities Mesa Groundwater Sub-basin. The City has a total annual allocation of 3,873 acre-feet from these sources. The City proposes to offset the water demand for the 22-unit project at a 2:1 ratio with reduction in demand being 15 afy. This retrofit program will be implemented by the developer as required by the City. LAFCO will consider a Plan for Services as part of the formal annexation. Prior to annexation, LAFCO requires that the City submit documentation regarding its capability to provide a sustainable, reliable, and adequate water supply to the area and project. According to the Technical Memorandum prepared by Water Systems Consulting, Inc. dated December 6, 2013 (Attachment A), the retrofit water savings will offset the potential water demands of the project by more than the desired 2:1 ratio. This documentation will be submitted to LAFCO as part of the City's Plan for Services. The developer intends to implement a water demand reduction program that results in water offsets of 15 afy. This program must be analyzed and approved by the City prior to formal annexation by LAFCO. d. Potentially significant unless mitigated. MM 17.1: Prior to submitting an application for annexation of the Project Site to LAFCO, the applicant shall submit a water demand reduction program that results in water offsets of 15 afy. Page 31of33 Item 9.a. - Page 113 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) Mandatory Findings of Significance Would the project: a) Substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or restrict the range of an endangered, rare or threatened species; or eliminate examples of the major periods of California history or prehistory? b) Have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c) Have possible environmental effects that are individually limited but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of possible future projects. d) Cause substantial adverse effects on human beings, either directly or indirectly? Discussion Potentially Significant Impact D D D D Less Than Significant with Mitigation D D D D Less Than Significant Impact D D February 2014 No Impact D D a) No Impact. Annexation of the Project Site will not have an impact on biological or cultural resources. However, based on the FEIR for VTTM 1789 {October 2007), mitigation measures were identified that would reduce any impacts to less than significant. b) Less-Than-Significant Impact. The proposed annexation will result in a City Land Use designation of Single Family Residential Low Density, which is comparable to the County's current Land Use designation for the site of Residential Suburban. c) Less-Than-Significant Impact. The proposed annexation is not expected to directly cause substantial adverse effects on human beings. A Memorandum of Agreement was adopted by the City and County that identified provision for how the property would be addressed along with guiding principles. The implementation of local, state and federal standards, ordinances, and code requirements would reduce possible impacts to less than significant levels. Summary of Mitigation Measures MM 17.1: Prior to submitting an application for annexation of the Project Site to LAFCO, the applicant shall submit a water demand reduction program that results in water offsets of 15 afy. Page 32 of 33 Item 9.a. - Page 114 INITIAL STUDY/ MITEGATED NEGATIVE DECLARATION GPA 14-00lj DCA 14-003 (HVDM ANNEXATION) References Documents & Maps 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande Land Use Map 3. City of Arroyo Grande Municipal Code 4. City of Arroyo Grande Zoning Map 5. Project Description 6. Project Plans February 2014 7. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010) 8. Arroyo Grande Urban Water Management Plan 9. Arroyo Grande Water System Master Plan (2012) 10. Arroyo Grande Wastewater Master Plan (2012) 11. San Luis Obispo Important Farmland Map (California Department of Conservation, 2006) 12. CEQA & Climate Change White Paper (CAPCOA, 2008) 13. Air Quality Handbook (SLO APCD, 2012) 14. Arroyo Grande Multi-Jurisdictional Local Hazard Mitigation Plan (2012) 15. FEIR for Busick Tract Map 1789 dated October 2007 (SCH 1994041043) prepared by the County of San Luis Obispo 16. City of Arroyo Grande Mitigated Negative Declaration for General Plan Amendment Case No. 06- 001, Development Code Amendment Case No 06-001, and Tentative Parcel Map Case No. 06- 004 for the Castillo Del Mar DriveNalley Road connection, adopted August 22, 2006 Attachment A: Technical Memorandum by Water Systems Consulting, Inc., dated December 6, 2013 Page 33 of 33 Item 9.a. - Page 115 Technical Memorandum Date: 12/6/2013 To: Teresa McClish Director of Community Development City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93421 Prepared by: Spencer Waterman and Joshua Reynolds, P.E. Reviewed by: Jeffery Szytel, P .E. ·~~ ·,;,~ ··.···~ Phone: SUBJECT: REVIEW OF THE PROPOSED BUSICK TRACT 3048 WATER SUPPLY OFFSET FROM CONSERVATION PROJECTS ATTACHMENT A ---=_\t\ISC WATER SYSTEMS CONSULTING, INC. (805) 473-5420 This Technical Memorandum (TM) summarizes Water System Consulting's (WSC) preliminary review of the proposed Busick Tract 3048 Project (Development) water offset for the City of Arroyo Grande (City). The TM is comprised of three parts: Part 1-Comparison of the proposed development water demand projections with typical City land use based demands; Part 2 -Analysis of the previously completed Strother Park irrigation retrofit project; Part 3 -Review of the Sprinkler King reports on the proposed irrigation retrofits. The TM evaluates and summarizes the City's potential to offset the Development's water demands through irrigation retrofits of existing large demand customers (i.e. Ocean View Elementary School, Paulding Middle School and Arroyo Grande Cemetery) in order to reliably deliver water to the proposed Development. Background The Development project is a 22 unit subdivision located outside but adjacent to the City Limits that has requested annexation into the City. The Developer proposes to connect with the City's water system and would be served by the Vista Del Mar Booster Station. According to the developer, 7.61 AFY will be required to meet the subdivision's water demands. The developer proposes to fund three water conservation irrigation retrofit projects to offset the Development's water demands at a minimum ratio of 2:1. The irrigation retrofits are proposed to occur at the Arroyo Grande Cemetery (AG Cemetery), Ocean View Elementary School (Ocean View), Paulding Middle School (Paulding), and Rancho Grande Park (Rancho Grande). The City's irrigation consultant, Sprinkler King, Inc. (Sprinkler King), has previously completed reports on estimated water savings calculations for the proposed irrigation retrofit projects. Part 1 -Comparison of Proposed Development Water Demand Projections with City Demand Projections Water demand estimates for the proposed development created by the developer were analyzed. The sources of the demand factors were other Environmental Impact Reports (El Rs) for nearby developments. WSC was unable to locate copies of these EIRs, so the real basis of these demand factors could not be assessed. Table 1 Anayo Grande_Buslck Tract 3048 Water Supply Offset Review Final_Revlsed 12-6-13.docx Item 9.a. - Page 116 2012 Engineering Consulting Services Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects shows the Project's estimated water demand as presented in the Heights at Vista Del Mar: VTTM 3048 Project Description, dated 5/1/2013. Table 1. Project Estimated Water Demand Drip Irrigated Shrubs and Ground Cover Turf Areas Drip Irrigated Common Entry Area Indoor Demand Dwelling Unit 22 0.3 Total Project Demand Demand (AFY) 0.38. ---- 6.60 The proposed City Zoning for the project is Residential Rural (RR), which is compatible with the City's Single family Low Density Residential Land Use category. WSC developed water demand estimates for the Project based on water demand factors from the City's Water Master Plan as shown in Table 2. Single Family Low Density Residential Table 2. Master Plan Based Demand Estimates Unit Type Project Demand (AFY) The Water Master Plan land use based water demand projection of 13.64 AFY does not include any of the proposed low impact and water conservation measures proposed by the Developer. As envisioned, the project will severely restrict the amount of irrigated landscape and turf area allowed on each parcel to 1,200 sf of irrigated area and 300 sf of turf (for comparison, each parcel is larger than 1 acre (43,560 sf) in size). To compare the proposed low water use development to a traditional development and assess the reasonableness of the demand factors used by the developer's engineer in the calculation of the restricted water usage (as shown in Table 1); the allowable irrigated acreage can be increased to a degree more representative of existing uses. To do this, the project was analyzed using a theoretical parcel with 12,000-sf of irrigated area and 1,500-sf of turf area with the Table 1 demand factors, resulting in a theoretical project demand of 14.58 AFY, which matches reasonably well with the 13.64 AFY demand derived using the Water Master Plan demand factors. Therefore the demand projected by the developer using the restricted landscape requirements seems reasonable. 12/6/2013 Page 2 of6 Arroyo Grande_Buslclc Tract 3048 Water Supply Offset Review Anal_Ravlsed 12-6-13.docx Item 9.a. - Page 117 2012 Engineering Consulting Services Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects WSC assumes the City will reach an agreement with the Developer on a method to enforce the irrigation restrictions; and considers the demand reduction to be aggressive, but achievable. Part 2 -Analysis of Strother Park Irrigation Retrofit Strother Park was surveyed by Sprinkler King on March 6, 2009 to assess the irrigation system and conditions affecting the water consumption for irrigation. The report for the survey contained irrigation retrofit recommendations and estimated that water consumption could be reduced by 33% for the park if the irrigation retrofit recommendations were implemented. The City implemented all of the recommendations and completed the retrofit in August 2009. Table 3 shows the estimated savings and actual savings achieved based on analysis of water consumption data before and after the retrofit. Table 3. Strother Park Retrofit Estimated and Actual Savings Strother Park Retrofit While the analysis of the average consumption data before and after the retrofit indicates that the actual savings exceed the estimated savings, consideration of hydrologic conditions during the periods analyzed should be taken into account. Monthly and annual rainfall data was analyzed from 2005 through 2011 and annual average rainfall was analyzed from 1966-2011. The driest year from 2005 through 2011was2007, during which the monthly and annual consumption remained approximately close to the years surrounding it prior to the retrofit. The wettest year from 2005 through 2011 was 2011, during which the monthly and annual consumption remained approximately the same as the years surrounding it after the retrofit. The amount of monthly and annual rainfall did not appear to be correlated with reduced water consumption before or after the retrofit. Furthermore, average annual rainfall from 2005-2011 was only slightly higher than the long-term historical average rainfall. As shown in Figure 1, monthly average consumption decreased after the retrofit. 12/6/2013 Page 3 of6 Arrovo Grande_Buslclt Tract 3048 Water Supply Offset Review Final_Revised 12-6-13.docx Item 9.a. - Page 118 2012 Engineering Consulting Services Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects 4.5 4 3.5 ~ 3 c iii 2.5 a:: -0 2 "' GI .s:. u 1.5 .5 1 +-----... .---- 0. 5 4----- 0 +---..--~---.- .:S-~~ ~ 9.~ ¢' ~~ ~" ..::,C:> ~ O o~ ~CJ °'>T <( ~ ~ ~ "') "') ~ ':) 0 ~ <:) Month 3.0 2.5 E 2.0 ~ c 0 1.5 ... CL E :::s 1.0 "' c 0 u 0.5 0.0 -Average Consumption (2005- 2008) -Average Consumption (2010- 2012) -Average Rainfall (1966-2011) -Average Rainfall (2005-2011) Figure 1. Pre and Post Retrofit Consumption and Rainfall Review of Sprinkler King's Strother Park survey as well as historical rainfall and consumption data indicates that the estimated water savings presented in the Sprinkler King survey are accurate. Based on the observed results of Strother Park's irrigation retrofit, it is assumed that the water savings estimates in Sprinkler King's surveys are reasonable, and adequate for determining potential water savings that can be achieved through retrofitting other irrigation customers within the City's service area, including AG Cemetery, Ocean View, Paulding, and Rancho Grande. Part 3 -Review of Sprinkler King Surveys Arroyo Grande Cemetery District The landscape irrigation survey for the AG Cemetery submitted on April 30, 2009 identified the landscape retrofit recommendations and estimated water savings as shown in Table 4. Table 4. AG Cemetery Estimated Potential Water Savings Recommended Retrofit 1. Update the Sprinkler Heads 2. Update the Control System . .. . . .. 5. ET Based Weather Stations . . 2004-2012 Average Consumption (AFY) Assumed Savings (AFY) 12/6/2013 Arwvo Grande_Buslck Tract 3048 Water Supply Offset Review Rnal_Revised 12-6-13.docx Estimated Potential Savings (%) Not Estimated : ~· , - Not Estimated 20% 7.02 Page4 of6 Item 9.a. - Page 119 2012 Engineering Consulting Services Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects Ocean View Elementary School The landscape irrigation survey for Ocean View submitted on January 10, 2011 identified the landscape retrofit recommendations and estimated water savings as shown in Table 5. Table S. Ocean View Estimated Potential Water Savings Recommended Retrofit 1. Update Nozzles 2. Soil Improvements Total 2004-2012 Average Consumption (AFY) Assumed Savings {AFY) Paulding Middle School Estimated Potential Savings (%) Not Estimated 17.04 The landscape irrigation survey for the Paulding Middle School (Paulding) submitted on January 10, 2011 identified the landscape retrofit recommendations and estimated water savings as shown in Table 6. Table 6. Paulding Estimated Potential Water Savings Recommended Retrofit 1. Update Irrigation Controllers 2. Lawn Aeration Total 2004-2012 Average Consumption (AFY) Assumed Savings (AFY) Rancho Grande Park Estimated Potential Savings (%) Not Estimated 1L02 The landscape irrigation survey for the Rancho Grande Park (Rancho Grande) submitted on September 27, 2013 identified the landscape retrofit recommendations and estimated water savings as shown in Table 7. Table 7.Rancho Grande Potential Water Savings 12/6/2013 Recommended Retrofit I Assumed Savings Total (AFY) Arravo Grande_Busldc Tract 3048 Water Supply Offset Review Rnal_Revised U-6-13.docx Estimated Potential Savings (AFY} Page 5 of6 Item 9.a. - Page 120 2012 Engineering Consulting Services Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects Total Potential Water Savings The total estimated potential water savings for the three proposed irrigation retrofits is shown in Table 8. Table 8. Total Estimated Potential Water Savings Potential Irrigation Retrofit Customer Assumed Savings (AFY) AG Cemetery --- Ocean View Elementary 4.26 Paulding Middle School Rancho Grande Park 2.51 Total Conclusion Table 9 shows potential retrofit savings, development demand estimates and potential water demand offset ratio for the project. Developer's Project Demand Estimate Table 9. Comparison of Water Demand Estimates and Potential Water Demand Offsets Potential Retrofit Savings (AFY) Estimated Project Demand (AFY) Potential Demand Offset Exceeds 2:1 Offset The Project demands and retrofit savings seem reasonable and the Project is offset by more than the desired 2:1 ratio. 12/6/2013 Page 6 of6 Arroyo Grande_Buslck Tract 3048 Water Supply Offset Review Final_Revlsed 12-6-13.docx Item 9.a. - Page 121 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.a. - Page 122