HomeMy WebLinkAboutR-11062 approving application for the Annexation of the Fireo Lane and Clarion Court properties (850 Fiero Ln, PL-ANNX-1166-2015)RESOLUTION NO. 11062 (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING APPLICATION FOR THE
ANNEXATION OF THE FIERO LANE AND CLARION COURT
PROPERTIES (FIERO LANE WATER COMPANY, FLWC) TO THE CITY
OF SAN LUIS OBISPO AND THE ASSOCIATED SECOND AMENDMENT
TO THE MEMORANDUM OF AGREEMENT, WITH ADOPTION OF AN
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (MULTIPLE
PROPERTIES, 850 FIERO LANE, PRIMARY; PL-ANNX-1166-2015, EID-
0626-2019)
WHEREAS, on December 1, 2015 the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering a Memorandum of Agreement regarding the proposed
annexation of property along Fiero Lane and Clarion Court and the provision of interim water and
sewer service; and
WHEREAS, on December 1, 2015 the City Council adopted Resolution No. 10678
approving a Memorandum of Agreement (MOA) to pursue annexation of the subject properties
and to provide interim water and wastewater services to said area pending completion of the
annexation process; and
WHEREAS, on March 19, 2019 the City Council adopted a First Amendment to the 2015
Memorandum of Agreement, which revised the schedule for completion of the annexation and
extending the time for consideration of the annexation with the Local Agency Formation
Commission (LAFCO), as prescribed in Resolution No. 10994 (2019 Series); and
WHEREAS, the referenced MOAs and the 2016 Fiero Lane Water Company (FLWC)
"Plan For Services" include details on the studies, analysis, scheduling and financing of the
consideration of said annexation and the needed public and private infrastructure improvements to
be completed as part of any annexation; and
WHEREAS, the City is actively working with the applicants and their consultants on
detailing the various improvements and implementation of the financing plans to complete said
improvements; and
WHEREAS, all the requirements, conditions and implementing measures of said
Resolutions No. 10678 and 10994 have been met by the applicants in order to consider the
annexation; and
WHEREAS, a duly noticed Public Hearing before the Planning Commission was held on
September 25, 2019 to consider testimony and input on the proposed annexation, needed public
and private infrastructure improvements, development impact fees and charges to be paid to the
City, environmental considerations for the annexation, and review of the timing and
implementation of said fees and improvements;
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WHEREAS, the Planning Commission recommended the City Council approve the
annexation and adopt the associated Initial Study/Mitigated Negative Declaration; and
WHEREAS, environmental analysis of the proposed annexation has been guided by
previous work in the form of the Airport Area and Margarita Area Specific Plans Final EIR (2005),
FEIR Addendum for the Airport Area and Margarita Area Specific Plans (2015), and the City of
SLO General Plan Land Use and Circulation Elements (LUCE) FEIR (2014); and
WHEREAS, an Initial Study of environmental impact was prepared for the proposed
annexation, which tiers from the certified Final EIR for the Airport Area and Margarita Area
Specific Plans, documents whether there have been changed circumstances since those referenced
EIRs were completed, analyzes consistency of the annexation with the General Plan and Airport
Area Specific Plan, and identifies mitigation measures that would be required to mitigate
potentially significant impacts resulting from the annexation process and the construction of
needed infrastructure (new or rehabilitation) to support City services to the areas; and
WHEREAS, the conclusion of the Initial Study of environmental impact is that by
incorporating the needed infrastructure features of the 2015 and 2019 MOAs, as well as the 2016
Plan For Services, in addition to and as a direct result of the analysis of the noted EIRs, and
implementing noted mitigation measures, any significant effects of the annexation and provision
of infrastructure services to the area would result in a less than significant effect on the
environment.
WHEREAS, the City Council has duly considered all evidence, including testimony of the
applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council does hereby adopt
the following findings in support of its authorization for application for the annexation of the Fiero
Lane/Clarion Court area from the County of San Luis Obispo into the City of San Luis Obispo:
1. This proposal for annexation is made pursuant to Title 5, Division 3, Part 3 of the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000, California Government
Code Section 56000, et. seq.
2. The annexation boundary and the nature of the annexation are outlined in Exhibit A, which
includes the Second Amendment to the Memorandum of Agreement (MOA) between the
City of San Luis Obispo and the Fiero Lane Water Company, the First Amendment to the
MOA, the 2015 MOA, and annexation boundary map.
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3. The project area is identified in the Airport Area Specific Plan as a future annexation area,
and no changes to identified pre-zoning or General Plan land use designations are
proposed. The proposed annexation is consistent with the Airport Area Specific Plan,
which was determined to be consistent with the San Luis Obispo County Airport Land Use
Plan.
4. The proposed annexation is consistent with the General Plan, including Policies 1.13.3
(Annexation Purpose and Timing) and 1.13.5 (Annexation in Airport Area) because the
proposed project satisfies all the prerequisites identified under 1.13.5 and pre-zoning was
established upon adoption of the Airport Area Specific Plan, which is a prerequisite for
allowing development on the site under the City's General Plan.
5. The Fiero Lane-Clarion Court area is within the City's Sphere oflnfluence as defined by
the Local Area Formation Commission (LAFCo), which is an area designated for eventual
annexation provided that City services can be provided, and that annexation is otherwise
consistent with LAFCo policies.
6 . Memorandum of Agreement and Plan for Services provides a framework for providing the
necessary City services, and approval of the Second Amendment to the Memorandum of
Agreement between the City and the Fiero Lane Water Company adequately addresses the
parameters of interim service and establishes sufficient penalties/timeframes to ensure
future annexation and implementation of infrastructure improvements.
SECTION 2. Environmental Review Findings and Adoption. Based upon all evidence in
the record before it, including the Initial Study and any comments received, the City Council
hereby adopts the Initial Study/Mitigated Negative Declaration (IS/MND) prepared and circulated
for the annexation, and which tiers off the certified Final Environmental Impact Report for the
Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (SCH#
2000051062), and adopts the following California Environmental Quality Act Findings:
1. During consideration of the 2015 MOA, the Council approved an Addendum to the
certified Final Environmental Impact Report (FEIR) for the Airport Area and Margarita
Area Specific Plan. The Council determined that approval of the 2015 MOA did not meet
the criteria for preparing a subsequent or supplemental EIR pursuant to the California
Environmental Quality Act (CEQA) Guidelines Section 15164. Following this 2015
approval, the City Council certified the Final Environmental Impact for the Land Use and
Circulation Element Update, which analyzed the annexation of the Fiero Lane-Clarion
Court area as it relates to potential environmental impacts associated with build-out of the
General Plan. Based on these analyses, no significantly changed circumstances have
occurred within the subject area since 2015 that would affect the analysis and conclusions
of the approved 2015 Addendum.
2. The proposed project, as conditioned herein, is consistent with the requirements of the
certified Airport Area and Margarita Area Specific Plans and Related Facilities Master
Plans Final Environmental Impact Report (FEIR) (SCH# 2000051062) and approved
Addendum to the certified FEIR, and this action incorporates those FEIR mitigation
measures as detailed herein.
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3. A supplemental, tiered, Initial Study has been prepared for the project, which addresses
potential environmental impacts resulting from the proposed project, and the Community
Development Director has recommended that the results of that additional analysis be
incorporated into a MND of environmental impacts, and recommends adoption of
identified mitigation measures, all of which are incorporated below.
4. The IS/MND was revised to expand identified air quality mitigation measures and to
provide clarifications regarding the incorporation of earlier analysis. The air quality
mitigation measures have been expanded to include additional more effective
requirements, which would further mitigate potential impacts. All additions and
modifications to the Initial Study provide minor clarifications and expanded discussion, all
supporting the conclusions of the publicly-circulated Initial Study/Mitigated Negative
Declaration. No new impacts have been identified. Therefore, pursuant to California
Environmental Quality Act Guidelines Section 15073.5 and Public Resources Code section
21080(f), recirculation of the Initial Study/Mitigated Negative Declaration is not required.
5. All potentially significant effects were analyzed adequately in the referenced FEIR and
IS/MND, subject to the following mitigation measures being incorporated into the project
and the mitigation monitoring program:
Air Quality
AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as
a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations, prior to any grading activities a geologic evaluation shall be conducted
to determine if NOA is present within the area that will be disturbed. lfNOA is not present,
an exemption request must be filed with the District. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Asbestos A TCM. This may
include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. More information on NOA can be found at
http://www. slocleanair .erg/business/asbestos.asp.
AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air
quality impacts, including issues surrounding proper handling, demolition, and disposal of
asbestos containing material (ACM). Asbestos containing materials could be encountered
during demolition or remodeling of existing buildings. Asbestos can also be found in utility
pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for
removal or relocation or a building(s) is proposed to be removed or renovated, various
regulatory requirements may apply, including the requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M -asbestos
NESHAP). These requirements include but are not limited to: 1) notification to the APCD,
2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable
removal and disposal requirements of identified ACM. More information on Asbestos can
be found at http://www.slocleanair.org/business/asbestos.php.
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AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative
material within San Luis Obispo County.
AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during
construction activities will require California statewide portable equipment registration
(issued by the ARB) or an Air District permit. The following list is provided as a guide to
equipment and operations that may have permitting requirements, but should not be viewed
as exclusive: power screens, conveyors, diesel engines, and/or crushers; portable
generators and equipment with engines that are 50 hp or greater; internal combustion
engines; unconfined abrasive blasting operations; concrete batch plants; rock and pavement
crushing; tub grinders; and, trommel screens.
AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation
measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel
particulate matter (DPM) emissions from construction equipment are listed below. All
projects with diesel-powered construction activity shall comply with Section 2485 of Title
13 of the California Code of regulations and the 5-minute idling restriction identified in
Section 2449(d)(2) of the California Air resources Board's In-Use Off-Road Diesel
regulation to minimize toxic air pollution impacts from idling engines.
a. Maintain all construction equipment in proper tune according to manufacturer's
specifications;
b. Fuel all off-road and portable diesel powered equipment 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;
1. Electrify equipment when feasible;
J. Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
k. Signs that specify no idling areas must be posted and enforced at the site;
1. Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
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AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated
ozone precursor emissions from the actual fleet for a given construction phase are expected
to exceed the APCD threshold of significance after the standard mitigation measures are
factored into the estimation, then BACT needs to be implemented to further reduce these
impacts. The BACT measures can include:
a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines;
b. Repowering equipment with the cleanest engines available; and
c. Installing California Verified Diesel Emission Control Strategies. These strategies are
listed at: http://www.arb.ca.gov I diesel/verdev /vt/ cvt.htm
AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4 acres
and that are not within 1,000 feet of any sensitive receptor shall implement the following
mitigation measures to manage fugitive dust emissions such that they do not exceed the
APCD's 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule
402) in order to minimize nuisance impacts and to significantly reduce fugitive dust
em1ss10ns:
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the APCD's limit of 20% opacity for
greater than 3 minutes in any 60-minute period. Increased watering frequency would
be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water
should be used whenever possible. Please note that during drought conditions, water
use may be a concern and the contractor or builder shall consider the use of an APCD-
approved dust suppressant where feasible to reduce the amount of water used for dust
control ( contact the APCD for a list of potential dust suppressants);
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible, and building pads should be laid as soon as possible after grading unless
seeding or soil binders are used;
e. All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
f. The contractor or builder shall designate a person or persons whose responsibility is to
ensure any fugitive dust emissions do not result in a nuisance and to enhance the
implementation of the mitigation measures as necessary to minimize dust complaints
and reduce visible emissions below the APCD's limit of 20% opacity for greater than
3 minutes in any 60-minute period. Their duties shall include holidays and weekend
periods when work may not be in progress (for example, wind-blown dust could be
generated on an open dirt lot). 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 (Contact Tim Fuhs at 805-781-5912).
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g. Projects with grading areas greater than 4 acres or within 1,000 feet of any sensitive
receptor shall implement the measures above, in addition to the following additional
mitigation measures to manage fugitive dust emissions such that they do not exceed
the APCD's 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD
Rule 402):
1) 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;
2) 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;
3) 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;
4) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
5) 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 California Vehicle Code (CVC)
Section 23114;
6) "Track-Out" is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may then
fall onto any highway or street as described in CVC Section 23113 and California
Water Code 13304. To prevent 'track out', designate access points and require all
employees, subcontractors, and others to use them. Install and operate a 'track-out
prevention device' where vehicles enter and exit unpaved roads onto paved streets.
The 'track-out prevention device' can be any device or combination of devices that
are effective at preventing track out, located at the point of intersection of an
unpaved area and a paved road. Rumble strips or steel plate devices need periodic
cleaning to be effective. If paved roadways accumulate tracked out soils, the track-
out prevention device may need to be modified;
7) Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers shall be used with reclaimed water where feasible.
Roads shall be pre-wetted prior to sweeping when feasible.
Air Quality Monitoring Program: These conditions shall be noted on all project grading and
building plans. The applicant will also be required to comply with existing regulations and secure
necessary permits from the Air Pollution Control District (APCD) before the onset of grading or
demolition activities including, but not limited to additional dust control measures, and evaluation
for Naturally Occurring and Material Containing Asbestos. The applicant shall present evidence
of a plan for complying with these requirements prior to issuance of a grading or building permit
from the City. The applicant shall provide the City with the name and telephone number of the
person responsible for ensuring compliance with these requirements. The Building Inspector and
Community Development and Public Works Inspectors shall conduct field monitoring.
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Cultural Resources and Tribal Cultural Resources
CR-I: Unanticipated cultural resource discovery. In the event archaeological, historic, or
paleontological resources are unearthed or discovered during any construction activities,
the following standards apply:
a. 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, and in consultation with local
Native American tribal organizations.
b. 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 and Environmental
Coordinator so that proper disposition may be accomplished.
Cultural Resources and Tribal Cultural Resources Monitoring Program: Requirements for
cultural resource mitigation, in the event of unforeseen encounter of materials during the potential
relocation of the wastewater treatment facility, shall be clearly noted on all plans for project
grading and construction. Compliance will be verified by the Community Development Director.
SECTION 3. Actions. The City Council hereby:
l. Authorizes the filing of an application for annexation of the Fiero Lane-Clarion Court area
and directs the Community Development Director to process the application with San Luis
Obispo Local Agency Formation Commission (LAFCo).
2. Requests that LAFCO accept the application for annexation and initiate proceedings for
annexation to Title 5, Division 3, Part 3 of the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, California Government Code Section 56000, et. seq.
3. Authorizes the City Manager to execute any documents in a form approved by the City
Attorney related to the annexation of the subject lands to the City of San Luis Obispo.
4. Approves the Second Amendment to the Memorandum of Agreement for the Annexation
of the Fiero Lane/Clarion Court area (attached hereto as Exhibit A and incorporated herein
by this reference), which incorporates conditions of annexation as recommended by the
Planning Commission of the City of San Luis Obispo.
5. Authorizes the Mayor to execute Second Amendment to the Memorandum of Agreement
between the City and the Fiero Lane Water Company attached hereto as Exhibit A and
incorporated herein by this reference.
6. Authorizes the City Manager to initiate property tax negotiations with the County of San
Luis Obispo.
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7. Authorizes the City Manager to execute any documents in a form approved by the City
Attorney related to the annexation of the subject lands to the City of San Luis Obispo.
Upon motion of Council Member Christianson, seconded by Council Member Gomez and on the
following vote:
AYES:
NOES:
ABSENT:
Council Member Christianson, Gomez, Stewart and Vice Mayor Pease
None
Mayor Harmon
The foregoing resolution was adopted this 19th day of November 20
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS Tp ORM: , b r
istine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereu_q.to set my hand and affixed the official seal of the City
of San Luis Obispo, California, this '3 'r<J\ day of "])C:~·v\Jtre,v::: , '2.-,0 1 9 .
Teresa Purrington
City Clerk
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