HomeMy WebLinkAboutR-11103 approving the annexation of the East Airport Annexation Area properties (PL-ANNX-2030-2018,
R 11103
RESOLUTION NO. 11103 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE ANNEXATION OF
THE EAST AIRPORT ANNEXATION AREA PROPERTIES (EAST
AIRPORT COMMERCE PARK ASSOCIATION, SENN-GLICK) TO THE
CITY OF SAN LUIS OBISPO (PL-ANNX-2030-2018, EID-0006-2020)
WHEREAS, the City of San Luis Obispo’s (City) General Plan and Airport Area Specific
Plan call for annexation of the area commonly referred to as the East Airport Annexation Area; 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, a Pre-Annexation Agreement has been prepared that outlines the
responsibilities of the applicants for the improvement of public and private infrastructure to serve the
East Airport Annexation Area, and a financing plan to fund those improvements and the payment of
fair-share traffic impact fees to the City; and
WHEREAS, a “Plan For Services” has been developed that include details on the studies,
analysis, scheduling and financing for the consideration of said annexation and the needed public and
private infrastructure improvements to be completed as part of any annexation; and
WHEREAS, a duly noticed Public Hearing before the Planning Commission was held on
January 22, 2020 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; 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 FEIR for the Airport Area and Margarita Area Specific
Plans, documents whether there have been changed circumstances since those referenced FEIRs
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
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WHEREAS, the conclusion of the Initial Study of environmental impact was prepared for
the proposed annexation, which tiers from the certified FEIR 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 Pre-Annexation Agreement as well as the Plan
For Services, in addition to and as a direct result of the analysis of the noted FEIRs, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. CEQA Findings, Mitigation Measures, and Mitigation Monitoring
Program. Based upon all the evidence, the Planning Commission recommends that the City
Council adopt the following California Environmental Quality Act (CEQA) findings in support of
the project:
a) 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 City of San
Luis Obispo Land Use and Circulation Element (LUCE) Update EIR (2014) (SCH#
2013121019) and this action incorporates those FEIR mitigation measures as detailed
herein.
b) 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 an Initial Study-Mitigated Negative Declaration (IS-
MND) of environmental impacts, and recommends adoption of identified mitigation
measures, all of which are incorporated below.
c) 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:
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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. If NOA is not present,
an exemption request must be filed with the District. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Asbestos ATCM. This may
include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. More information on NOA can be found at
http://www.slocleanair.org/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.
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:
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;
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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, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
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/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 minimize nuisance impacts and to significantly reduce fugitive dust
emissions:
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;
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;
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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 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. Their duties shall include holidays and weekend periods when
work may not be in progress.
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.
Biological Resources
BR-1 Prior to installation of the recycled water main on the Broad Street bridge, the project
proponent shall prepare and implement a Biological Mitigation Plan that identifies construction
related staging and maintenance areas and includes construction best management practices
(BMPs) to avoid or minimize impacts to biological resources, including all measures needed to
protect riparian woodland and avoid accidental discharge of fuels and/or materials into the creek.
Such BMPs shall include (but not be limited to) the following:
a. Prior to construction activities associated with the installation of a recycled water line on the
Broad Street bridge, the project proponent shall retain a qualified biologist to ensure
implementation of required biological mitigation measures.
b. The Plan shall include the use of debris netting to avoid accidental spill of materials into the
creek corridor. The debris netting shall be installed prior to installation of the recycled water
line on the bridge and shall not be removed until the installation of the recycled water line is
complete.
c. Prior to construction activities, the project area shall be clearly flagged or fenced so that the
contractor is aware of the limits of allowable site access, which shall not include areas within
the bed or bank of the creek.
d. Prior to the commencement of construction activities, the qualified biologist shall prepare and
deliver a worker orientation and training program for all construction staff. This program shall
include information on the protection of riparian habitat, special-status aquatic species, and
avian species. The training shall also include any applicable regulatory policies and provisions
regarding species protection and minimization measures to be implemented.
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e. A biological monitor shall be present during the recycled water line installation on the bridge
and shall have the authority to stop or redirect work as needed to protect biological resources.
Prior to initiation of daily construction activities, and periodically during installation of the
recycled water line on the bridge, the biological monitor shall survey the creek within 100 feet
of the bridge. In the event any special-status species is present, construction activities shall
cease until the biological monitor has determined that the special-status species is no longer
present within 100 feet of the project site. If nesting birds are present within 500 feet of the
project site, no operation of heavy equipment shall occur until the birds have fledged and left
the nest.
f. Construction shall occur during daylight hours (7:00 AM to 7:00 PM or sunset, whichever is
sooner) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period) species.
g. No storage or fueling of equipment shall occur within 100 feet of the edge of riparian
vegetation. Pallets or secondary containment areas for chemicals, drums, or bagged materials
shall be provided. Should material spills occur, materials and/or contaminants shall be cleaned
from the Project site and recycled or disposed of to the satisfaction of the Regional Wa ter
Quality Control Board (RWQCB).
h. All trash and construction debris shall be picked up and properly disposed at the end of each
day.
Cultural Resources and Tribal Cultural Resources
CR-1: 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 2. Findings. Based upon all the evidence, the City Council makes the following
findings:
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1. The project area is identified in the Airport Area Specific Plan as a future annexation area.
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.
2. 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.
3. The East Airport Annexation Area is within the City’s Sphere of Influence as defined by
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.
4. The Pre-Annexation Agreement and Plan for Services provides a framework for providing
the necessary City services to adequately serve the annexation area.
SECTION 3. Action. The City Council does hereby authorize the following actions:
1. Approve and authorize the Mayor to execute the Pre-Annexation Agreement for the
Annexation of the East Airport Area as recommended by the Planning Commission
(Attachment B, also Exhibit A to Resolution),
2. Approve the filing of an application and request for San Luis Obispo Local Agency
Formation Commission (LAFCO) to initiate proceedings for annexation of the East
Airport Area (Attachments C and D),
3. Adopt the Plan for Services for the East Airport Annexation Area (Attachment E),
4. Direct the Community Development Director to process the application,
5. Authorize 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,
6. Authorize the City Manager to initiate tax negotiations with the County of San Luis
Obispo,
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7. Adopt the associated IS-MND (Attachment F) for the annexation, 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
Upon motion of Council Member Stewart, seconded by Vice Mayor Gomez, and on the
following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing Resolution was approved this 17th day of March 2020.
_____________________________________
Heidi Harmon, Mayor
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
_____________________________________
Teresa Purrington
City Clerk