HomeMy WebLinkAbout05/20/1997, 4 - CONSIDERATION OF A REVISED COUNCIL RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PREFUMO CREEK HOMES PROJECT, A REQUEST TO ANNEX A 384-ACRE PARCEL INTO THE CITY WITH DEVELOPMENT OF 38 RESIDENTIAL LOTS ON 17.8 ACRES NE CouncilM fiftD"
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CITY O F SAN LUIS O B I S P O
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FROM: Arnold B.Jonas, Community Development Director
Prepared By: Pam Ricci,Associate Planner fZ
SUBJECT:
Consideration of a revised Council Resolution certifying the Final Environmental Impact
Report (EIR) for the Prefumo Creek Homes Project, a request to annex a 384-acre parcel
into the City with development of 38 residential lots on 17.8 acres near Prefumo Creek.
CAO RECOMMENDATION
Adopt the revised Draft Resolution certifying the Final EIR including the mitigation
monitoring program,based on findings.
DISCUSSION
On April 1, 1997, the City Council adopted Resolution No. 8656 (1997 Series) certifying
the Final EIR for the Prefumo Creek Homes Project. When preparing the Notice of
Determination (NOD) for the general plan amendment and prezoning components of the
project, staff re-examined the need to make specific findings for a statement of overriding
considerations regarding significant and unavoidable biological impacts at this stage of
project review. Originally staff believed that these specific findings would be made at the
time of review of the tentative subdivision map. However, upon further consideration,
staff believes that it can be inferred that the entitlements granted to date are linked to the
identified biological impacts in that they are the first steps to enabling some urban
development at the site. Therefore, staff is suggesting that the attached revised draft
resolution be adopted to document the specific findings of overriding considerations.
Attachments:
Revised Draft Resolution certifying the Final EIR
Resolution No. 8656 (to be rescinded)
RESOLUTION NO. (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT(EIR)FOR THE
PREFUMO CREEK HOMES ANNEXATION PROJECT
LOCATED AT 1855 PREFUMO CANYON ROAD(ER 26-95)
WHEREAS, public hearings on this EIR were held before the Planning Commission on
November 6,1996,and March 3, 1997,and the City Council on April 1, 1997;and
WHEREAS, the EIR was considered by the City Council after extensive review by City
staff and other agencies, and with the comments of the Planning Commission and concerned
public;and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental
Guidelines.
BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Determination. The City Council hereby certifies that the
Final Environmental Impact Report for the Prefumo Creek Homes Subdivision and Annexation
Project adequately identifies the project's potentially significant impacts, alternatives to the
proposed action,and recommended mitigation measures.
SECTION 2.Findings.
1. The Final EIR was prepared in compliance with the California Environmental Quality
Act(CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
7
ResolutionNo. (1997 Series)
Page 3
On motion of seconded by
,and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of , 1997.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
City Att rn JeffJrgensen
I:UagunaAev.EIR Ra
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XHIBIT A
Prefumo Creek Homes EIR
Mitigation Measures
Land Use
D-7. To achieve consistency with policy 1.13.3 of the Land Use Element
(development plans), any of the following actions is required:
a. A specific plan must be prepared, or
b.The proposal must be amended to include a PD (Planned Development) or an
S (Special Conditions) overlay district and a development plan must be prepared,
or
c. City planning officials may determine that the submitted subdivision map
allows for adequate review of the project.
D-8. To achieve consistency with policy 1.9.3 of the Land Use Element, policy 4C of
the Circulation Element and policy 2 of the Open Space Element (pedestrian
paths/trails) either of the following actions are required:
a. City planning officials may determine that the policy does not apply in this
instance because of security and privacy considerations; or
b.Require the applicant to identify and install a trail system as a condition of the
tentative subdivision map approval.
D-9. To achieve consistency with policy 6.1.1, 6.2.0, 6.2.1, and 6.2.2 of the Land Use
Element (geologic hazards), the City must take either of the following actions:
a. Eliminate lots 22-25 and lots 28-30 from the proposed subdivision; or,
b. Adopt the mitigation measures proposed by the Geotechnical Conditions
section in this EIR
D-10. To achieve consistency with policy 6.2.6 J of the Land Use Element (density
and development of Prefumo Creek area),the City must take either of the following
actions:
a. The policy must be deleted, or
b. It must be amended to allow the proposed density.
D-11. To avoid inconsistency with policy 6.2.6 J of the Land Use Element (density
and development of Prefumo Creek area),lot 12 must be deleted from the tentative
subdivision map (also see mitigation measure K-7).
D-12. To achieve consistency with policy 2.2.11 and 6.4.6 of the Land Use Element
(creek corridor protection), and policies 1.A, 1.E,and 3.A of the Open Space Element
(creek corridor protection), the tentative subdivision map must be redrawn to
exclude areas within the top of the bank of Prefumo Creek within privately owned
lots.
D-13. To achieve consistency with policy 1.C.4, 2.A,2.B.1, 2.B.2 and 2.0(grasslands)
of the Open Space Element, the City must include findings, in its approval of the
tentative subdivision map, that these policies are discretionary along with the
reasons why these policies should not be applied in this instance.
D-14. To achieve consistency with objective 5 and policy 1.5 (air quality) of the
Circulation Element, the City must include the residential portion of the project
within the urban reserve line. The City must also make a finding that adjustment
of the urban reserve line does not violate the City's commitment to supporting the .
efforts of the Air Pollution Control District to implement its Clean Air Plan.
D-15.To achieve consistency with policy 1.31.2 of the Housing Element (consistency
with other general plan policies), the City must adopt mitigation measures-D-1
through D-15.
D-16.To achieve consistency with policy 1.31.2 of the Housing Element (housing on
geologic hazards), the mitigation measures required by the Geotechnical Conditions
section in this E1R must be followed.
D-17. To achieve consistency with program 222.1 of the Park and Recreation
Master Plan (provision of athletic fields), the project shall be required to pay park
and recreation fees, in addition to the dedication of open space,to help finance new
athletic fields in the area.
Traffic and Circulation
E-2. To mitigate the existing deficiencies on Prefumo Canyon Road and Descanso
Drive and the additional impact created by the proposed project, the City shall take
either of the following actions:
a. Reclassify Prefumo Canyon Road as a residential arterial between Del Rio
Avenue and Los Osos Valley Road and develop a neighborhood traffic
management plan to reduce travel speeds and divert traffic from Descanso
Drive to Prefumo Canyon Road, or
b. Amend the Circulation Element to increase the desired maximum average
daily traffic volumes and desired maximum speed for Prefumo Canyon Road
and Descanso Drive.
E-3. To maintain consistency with the City's Bicycle Transportation Plan, the City
shall take either of the following actions:
a. Require construction of a bicycle route along Prefumo Canyon Road, or
b. Require construction of a bicycle route through the project on the main
access road and along the emergency only access road.
E-4. To improve safety conditions along Prefumo Canyon Road, sight distance to
the east must be improved by moving the main access road eastward as far as
possible. The final main access road shall be approved by the- Public Works
Department.
E-5. Cumulative impacts can be mitigated by implementing mitigation measure E-2
Noise
F-1. Require the applicant to complete grading within a four-month .period. Assess
liquidated damages if the grading exceeds this time period.
F-2. Limit all project-related construction to daytime hours (lam to 6pm). Prohibit
any construction activity, not including grading,from occurring at least one day a
week.
F-3. Clearly post noise restrictions on-site until the proposed project is completed.
Air Quality
G1. All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. During the time period in which grading will.occur,
watering shall occur at least twice daily including weekends with complete
coverage, preferably in the late morning and after work is finished for the day.
Reclaimed, nonpotable water from a source other than Prefumo Creek shall be used
whenever possible.
G2. All clearing,grading earth-moving, or excavating activities shall cease during
periods of high winds (greater than 15 mph averaged over one hour) so as to
prevent excessive amounts of dust.
G3. If soil materials are transported off-site, they shall be either sufficiently watered
or securely covered to prevent excessive amounts of dust.
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G-4.Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with fast-germinating native grass seed
and watered until vegetation becomes established.
G-5. All disturbed areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by APCD.
G-6. On-site vehicle speed during construction shall be limited to 15 mph for any
unpaved surface.
G-7. All unpaved areas with vehicle traffic shall be watered at least twice per day
including weekends, using nonpotable water from a source other than Prefumo
Creek.
G-8. Wheel washers shall be installed where vehicles enter and exit unpaved roads
and streets, or .provisions shall be made to wash off trucks and equipment leaving
the site.
G-9. 'Best Available Control Technologies for Construction Equipment (CBACT)
shall be applied to-Eves one piece&of diesel-fueled construction equipment involved
in grading operations. APCD-recommended modifications are the following:
a. Injection timing retard of two degrees,
b. Installation of high pressure injections, and
c Use of reformulated diesel fuel.
G-10. APCD recommends the following measures to address concerns of asbestos-
containing material:
a. A sampling and survey work plan shall be prepared for APCD approval.
Elements should include but are not limited to geological mapping of the
site, sampling strategy, and lab analysis methodology.
b. After APCD approval of the work plan, the sampling and survey activities.
and lab analysis shall be carried out. Results should be submitted to the
District for review 30 days prior to the start of construction.
c If asbestos-containing material is determined to be present, an asbestos
health and safety program/work plan for construction activities in serpentine
to comply with state and federal law will be required. Work plan elements
should include construction and project strategy to prevent emissions to
ambient air, a 10-working day advance notice of project start date to APCD, .
protection methods to prevent worker exposure, and the presence of a
California-certified asbestos environmental monitor or registered geologist
with asbestos certification on-site during construction activities to identify
V-7
potential unmapped or subsurface serpentinite and. to initiate
contractor/worker emergency procedures if required.
d. If asbestos-containing material is determined to be present, none of it shall
be used as surface-layer material on any part of the project such as road
beds,building pads,or landscaped area.
e. If asbestos-containing material is determined to be present, notification to
buyers shall be required.
f. If asbestos-containing material is not found in the serpentine deposits on
the proposed project site, the APCD requires the preparation of an
emergency work plan to address potential unmapped or subsurface
serpentinite, the presence of a certified asbestos environmental monitor or
registered geologist during construction activities to initiate an emergency
workplan if necessary, and notification of APCD of the project-start date.
Geotechnical Conditions
H-4. Additional geotechnical engineering shall be performed during preparation of
the grading and improvement plans for the project. This .work will include the
development of foundation recommendations, grading specifications, and .other
final engineering details for individual lots or smaller areas of the project.
Geotechnical engineering performed at this point should consider grading
throughout the entire project to avoid the need for repetitive studies as individual
lots are developed in the future. The resulting plans will incorporate walls,
buttresses, subsurface drains, and other features to remove and/or stabilize the
landslide deposits on the project site. Appropriate stability analyses documenting
the performance of all slopes under ground-shaking conditions will be provided.
These will include an analysis of the new conditions affecting the previously
analyzed landslides an analysis of the landslide deposits not previously analyzed
an analysis of new cut and fill slopes and an analysis of natural slopes in the
vicinity of the development. All plans and studies will be subject to review and
approval by the City Engineering Department.
Drainage and Water Quality
I-4. As part of the grading and improvement plans for the project, the applicant
shall prepare more detailed drainage and erosion control plans and install erosion
control improvements in appropriate locations. These plans must also indicate
points of access for maintenance of the creek and must be approved by the City
Engineering Department.
I-5. To ensure coordination of streambed alterations and to minimize .repetitive
construction projects within the streambed, the developer shall design and disclose
to regulatory agencies all proposed structures and activities within the streambed.
These would include all road construction, pipeline installation, erosion protection,
water and sewer improvements, drainage control and discharge structures, debris
removal, vegetation removal, ievegetation, and any other activities that would
involve work in or adjacent to the streambed or within the jurisdictional wetlands.
The agencies to be notified and authorizations to be obtain include the U.S. Army
Corps of Engineers -Section 404 Permit; the Regional Water Quality Control Board-
Section 401 Water Quality Certification; and the California Department of Fish and
Game - Section 1603 Streambed Alteration Agreement.
I-6. To reduce the potential for short-term debris transport and accumulation
within the streambed and to improve the capability of the City to provide long-term
maintenance, prior to transferring the creek open space area to the City, the
applicant shall prepare and implement a program to remove excessive vegetative
debris, old lumber, and other material that would tend to accumulate and obstruct*
flows within the streambed. This measure is not. intended to remove live
vegetation -or to disrupt biological habitat and should beoriented towards removal
of downed eucalyptus branches and similar material. The program should be
designed and implemented with input from a qualified biologist and with approval
of regulatory agencies as part of the larger program of streambed alterations .
discussed below.
Biological Resources
J4. A 30-foot building.setback from the edge of the riparian vegetation shall be
established for lots 1-14, 37, and 38. No disturbances other than those required to
mitigate erosion problems or to ensure adequate drainage shall be allowed.
J-5. In the vicinity of lots 31-38, the main road shall be reduced to 30 feet and moved
at least 20 feet from the top of the creek bank or from the edge of the dripline
whichever is greater. If substandard-size lots result from this action, these lots shall
be eliminated from the.tentative subdivision map.
J-6. The stands of perennial, native bunch grasses left in the open areas in the
southeastern corner above the building envelopes of lots 14, 15, and 19 shall be .
protected. No ornamental plantings or other homeowner-related disturbances will
be allowed in this area.
J-7. The tentative subdivision map shall be redrawn so that the freshwater marsh,
located on lot 15, shall be located in the open space area.
J-8. Once bridge and road construction drawings and a more detailed grading plan
are available, a plant ecologist/restoration specialist shall prepare a restoration plan.
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Gbispa sedge ft! a 5-1 . The flan shall survey the site for sensitive plant species
as identified in the Draft EIR• identify suitable sites for replanting the sperm
affected establish rellanting ratios and contain a monitoring plan to ensure the
success of the replanting Preparation of the restoration plan shall be the
responsibility of the project sponsors.
J-9. Disturbed areas around the bridge construction site shall be revegetated with
native riparian vegetation as soon as possible following the construction. Any
necessary pruning of trees in the vicinity shall be conducted by a certified arborist.
J-10. Trenching needed for the waterline which will cross Prefumo Creek shall be by
auguring or by mg If roots over one-inch in diameter are encountered, .
these roots shall be cleanly cut along the sides of the trench.
J-11. CC&R's shall ensure that the oak and riparian woodlands in the adjacent open
space areas are left undisturbed and managed properly after development, and no
ornamental plantings or other related disturbances occur following development.
J-12. The disruption of the riparian and creek area will be mitigated by complying
with the California Department of Fish and Game streambed alteration permits and
the U.S. Army Corps of Engineers wetland permits. The applicants (or their
successors) for the proposed project will prepare the necessary
documentation/mitigation plans to obtain the permitting from these agencies.
Aesthetics
K-7. Lot 12 should be eliminated from the tentative subdivision map.
K-8. As a part of the application, the applicant shall submit a landscape, irrigation,
and maintenance plan to the City Architectural Review Commission for review
and approval. The plan shall be prepared by a licensed landscape architect and a
qualified plant restoration ecologist and shall include the following:
a. Planting along either side of the riparian corridor where necessary to provide
complete screening of the interior of the site from viewing areas along Prefumo
Canyon Road. Screen planting shall be of the scale such that at maturity, views
of the hills above the development are not blocked.
b. All planting near the creek and between the creek and Prefumo Canyon Road
shall be site-appropriate native vegetation.
c. Planting of trees and shrubs on both sides of the proposed entry road between
the creek and Prefumo Canyon Road in a way should block direct views into the
site as seen from the straight section of Prefumo Canyon Road to the east.
d. Screen planting along the north side of lot 13 would help block views from
Prefumo Canyon Road through the gap created by the bridge and into the site.
e. Planting shall be placed between lot 12 as shown on the tentative subdivision
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map dated 8-1-95 and Prefumo Canyon Road so. that views from Prefumo
Canyon Road will be screened from both east and westbourid views.
f. Planting around the entry road between the creek and Prefumo Canyon Road
shall be designed to duplicate a naturally occurring native plant community, not
a formal entry to a subdivision. The planting shall include appropriate trees and
associated understory.
g. Appropriate existing on-site planting such as native perennial grasses and
coastal shrubs shall be integrated into the excavated slope in order to blend
visually the cut area with the adjacent land cover. The excavated slope shall not
be aesthetically "landscaped" or irrigated in such away which would create an
artificial green appearance during the summer months.
h. Trees, shrubs, and groundcover within the interior of the development shall
be included which are native to the area or are drought-tolerant and have a
native appearance.
i. All screen planting along the creek and along the north side of Prefumo .
Canyon Road shall commence either concurrently
or before the iftitia!site grading commences. Where screen planting would be
impacted by construction of the bridge or entry road, planting in those specific
areas shall occur immediately after construction in that area. Screen planting
shall be completed within 90 days unless more time is granted by the
Community Development Department Planting within the development
indicated on the landscape plan shall be planted prior to the sale of any of the
residential lots which would be created as a result of this project.
j. Where slow-growing plant material is used for screening purposes, larger-size
container plants shall be used.
k. After construction, seed shall be applied to all disturbed slopes. The seed shall
consist of species existing on the site prior to disturbance.
Aesthetics
K-9. The height of residences on lots 1-29 shall be restricted to 25 feet, measured as
provided under Section 17.16.040 of the City's zoning regulations.
K-10. Individual lot owners shall submit plans to the Community Development
Department for architectural review and approval. The applicant's submittal shall.
follow Community Development Department guidelines and include a site plan,
general project statistics, grading and drainage plan, landscape development plan,'
material samples board, sectional drawings, and other information.
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K-11. All excavated slopes shall incorporate slope-rounding as part of their design.
The slope-rounding shall be of the largest radius practical to blend visually with
adjacent slopes. -
K-12. A geotextile capable of allowing grass-growth shall be used to line the rock-
:lined swale above lots 19, 20, 23, and 24.
K-13.All topsoil removed from graded areas shall be stockpiled and redistributed to
the greatest extent possible throughout the site where landscaping and revegetation
will likely occur.
K-14. All street and home lighting shall be shielded in order to screen light sources
from neighboring properties and from Prefumo Canyon Road. Lighting details
shall be reviewed through the architectural review process.
K-15. Covenants, conditions and restrictions (CC&R's) shall be submitted for
consideration along with the tentative subdivision map to ensure .the on-going
protection of the oak woodland, grasslands, existing individual trees, and all
riparian vegetation including shrubs.
Public Services
M-5. A fire management plan shall be prepared by a landscape architect to identify
specific fire safety measures that will reduce the possibility of a severe fire in the
area. The plan will provide precise dimensions and standards for a fuel-break
around each residential lot which borders the oak woodland or riparian area and for
the emergency access road. The fire management plan will clearly define the
responsibilities of each homeowner and the responsibility of the homeowner's
association for maintaining fire safety. The final subdivision map shall not be
approved until the fire management plan has been submitted and approved by
SLOFD and the City's Architectural Review Commission.
M-6. Based on the fire management plan, covenants, conditions, and restrictions
(CC&R's) shall be developed to identify clearly the fire safety responsibilities of the
homeowners association and of the individual lot owners.
M-7. For lots 1-11, 13, 14, and 38 as shown on the tentative subdivision map dated
8-1-95,any, or any combination, of the following options may be used to provide an
adequate fuel-break:
a. A variance from the front yard setback requirements may be granted to
allow the building envelopes for these lots to be closer to the street.
b. Redrawing the building envelopes would result in compliance with the 30-
foot greenbelt requirement.
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c. If after item a. and b. above have been implemented and the 30-foot
greenbelt requirement still cannot be met, structures shall be constructed of
nonflammable exterior materials.
Public Services Cumulative Impacts
M-8. By following the mitigation measures already adopted for the LUCEEIR for
fire protection and law enforcement, cumulative impacts can be mitigated to a less
than significant level.. No further mitigation is, therefore, required.
Utilities
N-3. To minimize the potential for failure of the project's sewer pump station and
force main, a program and documentation for emergency responses must be
provided to the City prior to final approval. This emergency response plan must
identify a most probable type of failure and specify contacts and responsibilities for
the emergency.response. Arrangements with a private contractor capable of
providing emergency repairs must be shown to the satisfaction of the City as part of
this plan. If required by the City. the gums station shall be provided with an
emergency power suvnly.
N-4 A single well is not allowed to provide irrigation water to multiple
single family residential lots. To be consistent with City policy, the City
must take either of the following actions:
a Require the applicant to use another source of water for irrigation
needs.
b Amend the policy to allow an irrigation well to serve multiple._ single
family residential lots.
Cultural Resources
.0-1. If any prehistoric cultural materials or buried concentrations of historic
cultural materials are unearthed, work within 1,000 feet of the find should be halted
until they can be examined and evaluated by a qualified archaeologist.
�r
RESOLUTION NO. 8656(1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT(EER)FOR THE
PREFUMO CREEK HOMES ANNEXATION PROJECT
LOCATED AT 1855 PREFUMO CANYON ROAD (ER 26-95)
WHEREAS, the Planning Commission and the City Council have held public hearings on this
EIR in accordance with the California Government Code;and
WHEREAS, the EIR comes to the City Council after extensive review and with the comments
of the Planning Commission and concerned public; and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the Califomia Environmental Quality Act and the City's Environmental Guidelines.
BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Determination. The City Council hereby certifies that the Final
Environmental Impact Report for the Prefumo Creek Homes Subdivision and Annexation Project
adequately identifies the project's potentially significant impacts, alternatives to the proposed action,
and recommended mitigation measures.
SECTION 2.Fmdin s.
1. The Final EIR was prepared in compliance with the California Environmental Quality Act
(CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
3. The proposed mitigation measures contained in the EIR will adequately mitigate adverse
environmental impacts of the project, or a statement of overriding considerations will be
made for those significant and unavoidable environmental impacts.
4. The Mtigation Monitoring Program has been reviewed and approved by the City Council
.in conjunction with the certification of the Final EIR
J71-
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8656
Resolution No. (1997 Series)
Page 2
On motion of Council Member Romero seconded by
Council Member Williams . , and on the following roll Call vote:
AYES: Council Members Romero, Williams, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted Us is t day of April . , 1997.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Crawf
APPROVED AS TO FORM:
Aiity'A'ttorney JZJo4isen
tvav=rmMaa
***Please mote*A MEETING AGENDA
Page 2of Resolution was- left out-.pf agenia packet. J71DATE S as ITEM #
RESOLUTIONNO. (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE ENVIRONMENTALIMPACT UPORT(EIR)FOR THE
PREFUMO CREEK HOMES ANNEXATION PROJECT
LOCATED AT 1855 PREFUMO CANYON ROAD(ER 26-95)
WHEREAS, public hearings on this EIR were held before the Planning Commission on
November 6, 1996,and March 3, 1997,and the City Council on April 1, 1997;and
WHEREAS, the EIR was considered by the City Council after extensive review by City
staff and other agencies, and with the comments of the Planning Commission and concerned
public;and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental
Guidelines.
BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Determination. The City Council hereby certifies that the
Final Environmental Impact Report for the Prefumo Creek Homes Subdivision and Annexation
Project adequately identifies the project's potentially significant impacts, alternatives to the
proposed action,and recommended mitigation measures.
SECTION 2. Findings.
1. The Final EIR was prepared in compliance with the California Environmental Quality
Act (CEQA) and was considered by the'City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
'7'
ResolutionNo. (1997 Series)
Page 2
3. For each significant effect identified in the EIR under the categories of Land Use, Traffic
and Circulation, Noise, Air Quality, Geotechnical Conditions, Drainage and Water
Quality, Aesthetics, Public Services, Utilities, and Cultural Resources, the approved
mitigation measures contained in the EIR and attached as Exhibit A, will avoid or
substantially lessen the identified adverse environmental impacts of the project to a level
of insignificance and have been incorporated into the project.
4. The significant effects identified in the Biological Resources Section of the EIR will not
be fully mitigated to a degree of insignificance with the incorporation of all of the
identified mitigation measures included in Exhibit A or the adoption of one of the
alternatives to the project analyzed in the EIR. However, the Council finds that the
adverse environmental. effects are acceptable and makes a statement of overriding
considerations for those significant and unavoidable environmental impacts because:
a. the project,with its dedication in fee to the City of approximately 366 acres of open
space, is consistent with Open Space Policy l.C., Urban Reserve (numbered as Policy
13.2.1 C in the general plan digest),which"requires projects that would involve minor
expansions of the URL to secure opeh space" on land adjoining but outside the new
URL location;
b. the project is consistent with City goals to provide a wide range of housing types to
meet the needs of various income levels and housing preferences;
c. the home sites will be serviced by City utilities and will be under City jurisdiction
which is preferred for urban scale development at the edges of the City limits;
d. the proposed open space corridor and the mitigation measures included in Exhibit
A will lessen the significance of the significant and unavoidable effects of the project
identified in the Biological resources Section of the EIR.
5. The Mitigation Monitoring Program has been reviewed and approved by the City Council
in conjunction with the certification of the Final EIR.
SECTION 3. Effective May 20, 1997, Resolution No. 8656 (1997 Series) is hereby
rescinded.
ResolutionNo. (1997 Series)
Page 3
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of , 1997.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
City Att rn effJrgensen
Udaguna%Rev.EIR Res
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