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DEPARTMENT OF TRANSPORTATION
DIVISION OF AERONAUTICS
P.O. BOX 942874, MS -40
SACRAMENTO, CA 94274 -0001
PHONE (916) 654 -4959
FAX (916) 653 -9531
TTY 711
www.dot.ca.gov
September 12, 2014
Ms. Kim Murry
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Dear Ms. Murry:
SE,P 1 6 ''0'4
Serious drought.
Help save water!
AGENDA
CORRESPONDENCE
Date :: l` 1 liem#—
Re: Final Environmental Impact Report for the City of San Luis Obispo General Plan Land Use
and Circulation Elements Update; SCH Number: 2013121019
The California Department of Transportation ( Caltrans), Division of Aeronautics (Division),
reviewed the above - referenced document with respect to airport- related noise and safety impacts
and regional aviation land use planning issues pursuant to the California Environmental Quality
Act (CEQA).
The proposed project is for an update to the City of San Luis Obispo (City) General Plan Land
Use and Circulation Elements (LUCE).
After reviewing the Final Environmental Impact Report (FEIR) for this project, we have
concluded that the City must not certify this FEIR as scheduled on September 16, 2014, because
the City has not completed its overrule of the San Luis Obispo County Airport Land Use
Commission's (ALUC) current airport land use compatibility plan ( ALUCP.) The City's action
would be premature and legally not ripe for certification.
Government Code 65302.3 states that local agencies shall make their general plan consistent
with the current ALUCP unless a determination of inconsistency by the ALUC has been
overruled by the local agency. This has not occurred yet and was not a matter of fact when the
FEIR was drafted. Thus, Caltrans will not be barred from commenting later in light of
Government Code section 65009, et. seq. Moreover, Public Utilities Code (PUC) section 21002,
and in particular, subdivision (d) authorizes Caltrans continuous jurisdiction of the subject
project and the environmental concerns Caltrans has raised in regards to public safety, a matter
which is never waived.
Since the Draft Environmental Impact Report and FEIR do not analyze the environmental
impacts of the only adopted ALUCP for San Luis Obispo Airport's airport influence area, they
are flawed and the FEIR must not be certified. It follows then that the project itself shall not be
approved prior to an overrule of the current ALUCP.
"Provide a safe, sustainable, integrated and efficient transportation system
to enhance California's economy and livability"
Ms. Kim Murry
September 12, 2014
Page 2
The City has not complied with Public Resources Code section 21096, which references PUC
section 21674.5. Pursuant to Section 21674.5, subdivision (b) (4), the City has failed to follow
"Appropriate criteria and procedure for reviewing proposed developments and determining
whether proposed developments are compatible with airport use." Without waiving its
objections as stated above, the City has further failed to correctly apply the Handbook's criteria
of height, use, noise, safety and density. (See PUC section 21674.7.)
If you have any questions, please contact me at (916) 654 -6223, or by email at
philip.crimmins@dot.ca.gov.
Sincerely,
Original Signed by
PHILIP CRIMMINS
Aviation Environmental Specialist
c: State Clearinghouse, San Luis Obispo County ALUC, San Luis Obispo Airport
bc: Terri Pencovic -DOTP, Alan Fukushima District 5 Planning
"Provide a safe, sustainable, integrated and efficient transportation system
to enhance California's economy and livability"