HomeMy WebLinkAbout09/21/2010, PH4 - ANNEXATION OF THE ORCUTT AREA; ADOPTION OF A PRE-ZONING ORDINANCE AND IMPACT FEE RESOLUTION; AND EN C
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CITY OF SAN LUIS OBI SPO
FROM: John Mandeville, Community Development Directq '1'1%
Prepared By: Phil Dunsmore, Senior Planner
SUBJECT: ANNEXATION OF THE ORCUTT AREA; ADOPTION OF A PRE-ZONING
ORDINANCE AND IMPACT FEE RESOLUTION; AND ENVIRONMENTAL
REVIEW (ANNX, ER, R 81-10).
RECOMMENDATION
As recommended by the City Council on August 17; 2010, authorize an application to the Local
Agency Formation Commission for the proposed Orcutt Area Specific Plan annexation by taking
the following actions:
1) Adopt a resolution of intention to annex the Orcutt Area in its entirety and adopt a
Negative Declaration of Environmental Impact for the project;
2) Adopt a resolution establishing development impact fees for the Orcutt Area; and
2) Introduce an ordinance pre-zoning land within the Orcutt Area, consistent with the Orcutt
Area Specific Plan;
REPORT-IN-BRIEF
The City Council approved the Orcutt Area Specific Plan (OASP) in March 2010, fulfilling the
General Plan Policy requiring specific plan approval for this expansion area. Now, the OASP is
ready for annexation. The action before the Council includes pre-zoning the land consistent with
the OASP and General Plan map; adoption of a resolution that establishes development fees to
implement the public facilities financing plan; and adoption of a resolution that authorizes staff
to pursue the annexation application with the Local Agency Formation Commission (LAFCO).
The action before the Council does not represent the end of the annexation process; instead, this
step launches the beginning of the formal public process by initiating an annexation application.
LAFCO has complete discretion over the annexation boundaries proposed by the City. LAFCO
considers many factors in its decision including promoting orderly development, preventing
sprawl, preserving open space and prime agricultural lands, providing housing for persons and
families of all incomes, and efficient extension of governmental services. Achieving these policy
imperatives necessitates a logical, contiguous City limit line, which is reflected by the
recommended annexation boundaries.
Property owners and residents of the expansion area who are registered voters have the ability to
protest annexation after it is approved by LAFCO. While staff is aware of at least one owner
who does not support annexation, discussions with property owners indicate that most view
annexation as the likely and positive next step after the lengthy planning process that was
required to develop the Orcutt Area Specific Plan. City staff will continue to provide
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Orcutt Area Annexation Page 2
information and work with property owners during the LAFCO process to insure that those
affected by the annexation have accurate information on which to base their decisions.
DISCUSSION
Situation/Previous Review
On August 17, 2010, the City Council reviewed the proposed annexation boundary, conceptual
pre-zoning, and other components of the annexation process. Council directed staff to return with
an ordinance to pre-zone the property, a resolution to establish development impact fees for the
Orcutt Area and a resolution of intent to annex the entire Orcutt Area, including the property at
3811 Orcutt Road (Attachment 1, annexation boundary). Council also endorsed the use of pre-
annexation agreements for interested property owners.
Annexation is Consistent with the General Plan
Annexation is one of the most effective tools available to the City to ensure that future
development in the expansion areas is consistent with City property development standards and
policies for growth management. All of the land proposed for annexation is located within the
City's Sphere of Influence, which was updated in 2006 by the City Council and LAFCO.
Annexation of the Orcutt Area is consistent with the General Plan and with the specific plan
prepared for the annexation area. The following General Plan policies are listed.in support of the
proposed annexation:
Land Use Element Policy 1.12.2 Annexation Purpose and Timing: Annexation should be used as
a growth management tool, both to enable appropriate urban development and to protect open
space. Areas within the urban reserve line which are to be developed with urban uses should be
annexed before urban development occurs. The City may annex an area long before such
development is to occur, and the City may annex areas which are to remain permanently as open
space. An area may be annexed in phases, consistent with the city-approved specific plan or
development plan for the area. Phasing of annexation and development will reflect topography,
needed capital facilities and funding, open space objectives, and existing and proposed land uses
and roads.
Analysis: Annexation of the Orcutt Area will allow the City to manage growth in this
expansion area in a manner that is consistent with the long term vision as expressed
in the recently adopted Orcutt Area Specific Plan. The General Plan envisions the
phased development of a new residential neighborhood in this area, consistent with
City plans and enabled by City services. In addition, annexation will allow the City
to secure the open space and park areas associated with the plan area, thus furthering
City objectives.
Housine Element Policy 6.1 Consistent with the growth management portion of its Land Use
Element and the availability of adequate resources, the City will plan to accommodate up to
1,589 dwelling units between January 2007 and December 2014 in accordance with the assigned
Regional Housing Needs Allocation.
Orcutt Area Annexation Page 3
Analysis: The annexation of the Orcutt Area will make residentially-zoned property available
for residential development, thus directly implementing policy 6.1.
Housing Element Policy 6.11 Specific plans for the Orcutt Expansion Area and any new
expansion area identified shall include R-3 and R-4 zoned land to ensure sufficient land is
designated at appropriate densities to accommodate the development of extremely low, very-low
and low income dwellings. These plans shall include sites suitable for subsidized rental housing
and affordable rental and owner-occupied dwellings, and programs to support the construction
of dwellings rather than payment of in-lieu housing fees. Such sites shall be integrated within
neighborhoods of market-rate housing and shall be architecturally compatible with the
neighborhood.
Analysis: The OASP includes policies and programs to produce affordable housing on-site
rather than allow payment of in-lieu fees. Of the residential property, 44% is zoned
for R-3 and R-4 densities and each development project is required to provide at least
15% of the residential units at prices affordable to moderate and low income
households. The plan does allow land dedication to the Housing Authority or other
City recognized low-income housing developer in lieu of actually constructing the
units at the discretion of the Council. The OASP includes policies that support
distribution of affordable housing throughout the subdivisions.
Housing Element Policy 6.17 Complete Orcutt Area Specific Plan and consider final City
approval to annex the Orcutt specific planning area by December 2010.
Analysis: This Council action is the final step in authorizing the City to move forward with the
annexation and processing an application with LAFCO. Therefore, action on the
attached resolution will implement policy 6.17 consistent with the December 2010
deadline.
Property Owner Outreach
Community Development Department staff has worked with the property owners through the
specific plan development process and has described the proposed jurisdictional change. Staff
will continue working with those affected to address any concerns. This pro-active approach is
expected to help facilitate the transition and contribute to the success of the annexation.
Outreach efforts to property owners and residents have included individual letters to each
property owner describing the hearing and annexation process as well as "one-on-one"
conversations. In addition to the normal postcard hearing notification, a letter describing the
annexation process has been sent to each of the property owners and the residents prior to this
hearing. Approval of the proposed annexation boundaries and submittal of the application to
LAFCO is only the beginning and City staff will continue to work with those affected to provide
information, develop pre-annexation agreements where appropriate, and assist in preparing for
the transition from County to City governmental services.
Orcutt Area Annexation Page 4
Annexation Criteria
The details of the annexation process were discussed in the August 17 staff report (available in
Council Reading File). The City's role in the annexation process is that of `applicant.' The
City's application to LAFCO must include a resolution of the Council stating its intention to
annex the land within the proposed annexation boundaries. A complete annexation application
will also include pre-zoning information for the land to be incorporated and a"plan for services"
to show how the City will address utilities, public safety and other government services in the
annexed territory (Attachment 2, Annexation Plan for Services). In addition to these roles, the
City is the lead agency for the environmental review required by CEQA. Staff has prepared an
initial study of environmental review and has concluded that the annexation will not produce
environmental impacts beyond those that have already been identified in the OASP Final EIR
(Initial Study, Attachment 3).
The criteria that LAFCO staff uses to make recommendations on proposed annexations are based
on the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Any proposal to
extend services into an unincorporated area must be consistent with the policies of the Act, which
include promoting orderly development, preventing sprawl, preserving open space and prime
agricultural lands, providing housing for persons and families of all incomes, and efficient
extension of governmental services.
1
To meet these policy imperatives, proposed annexation areas must be contiguous to existing city
boundaries and they must be consistent with local and regional land use plans. LAFCO also
considers the availability of water and other services, regional housing needs, information from
land owners, and land-use designations in their boundary change decisions. The detailed
planning effort associated with the Specific Plan development supports the policy imperatives of
the Cortese-Knox-Hertzberg Act. In addition, the Final EIR for the specific plan, and the
Annexation Plan for Services combined with LAFCO's Sphere of Influence study provide
LAFCO with evidence the applicable criteria are being met.
Annexation Process
Following City Council approval of a resolution to annex the Orcutt Area, staff will prepare the
formal annexation application to LAFCO. This application will include a detailed map of the
area to be annexed, a legal description, the related environmental determinations (including the
OASP EIR and the Annexation Negative Declaration), the signed Council resolution and
required application fees. Once LAFCO has determined that the application is complete, they
authorize the City and County to negotiate a tax-exchange agreement. The subsequent agreement
must be endorsed by the City Council and County Board of Supervisors prior to LAFCO action
on the annexation. LAFCO may schedule an informational meeting ahead of the required formal
hearing, or they may directly schedule an annexation hearing. In advance of the hearing, LAFCO
prepares a report and recommendation and notifies all registered voters and property owners
within 300 feet of (and including) the annexation area. At the hearing, the Commission must
consider a number of factors and policies in compliance with state law. Within 35 days of the
hearing, the Commission will adopt a resolution of determination that may approve or deny the
annexation. They may also decide to add conditions, or in some circumstances continue the
hearing to a later date. Upon approval of the annexation, LAFCO would provide written notice to
all affected property owners and registered voters in the annexation boundary- p k q
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Orcutt Area Annexation Page 5
If no opposition from registered voters or landowners within the affected territory is received
prior to or during the Commission's meeting, the Commission may waive protest proceedings,
and annexation would be recorded. If protest proceedings are not waived, there is a 30-day
reconsideration period. If no requests for reconsideration are filed, a protest hearing date is set.
Notice to area property owners and registered voters is provided. If more than 25% of the
registered voters in an area or 25% of the property owners holding 25% or more of the property
value in an area protest the annexation an election will be held. Once an election is held, if 50%
or more of the registered voters vote to oppose the annexation, then the annexation is terminated.
If less than 506/o oppose, the LAFCO Executive Officer prepares a Certificate of Completion
which is recorded with the County Recorder and the annexation is complete.
Annexation should not result in any perceivable change in circumstances to property owners or
residents in the area. There will be no requirement to connect to City services nor will any
property owner be mandated to develop their property. Once an owner chooses to proceed with
development; the provisions in the Orcutt Area Specific Plan will apply to guide the review of
the proposal. This annexation is considered an "inhabited" annexation area, and as such,
registered voters also have the ability to protest LAFCO approval. City staff will provide
outreach to residents so that they too understand the process and what is being proposed.
Although City staff cannot provide the City Council with certainty regarding whether there are
sufficient objectors to wage a successful protest, it does appear that the best strategy to insure
success is to continue to provide accurate information to those affected, and to address any
concerns so that owners and residents alike understand the changes that will occur and will be
able to make an informed choice regarding LAFCO's decision.
Pre-Annexation Agreements
City staff and County staff will need to develop an agreement regarding maintenance of Orcutt
Road. The entire width of the right-of=way is proposed to be included in the annexation area in
order that the full cross section envisioned by the plan can be developed under City jurisdiction.
However, the eastern portion of this road will primarily serve residents under County jurisdiction
who access the road from the properties to the east. A maintenance agreement is proposed in
order that the County's fair share of maintenance costs can be contributed to the City.
Staff will also work with any private property owners who request a pre-annexation agreement.
The agreements can address issues such as pending development entitlements, continuation of
existing uses, stormwater facilities, water supply and wastewater facilities. Pre-annexation
agreements are not as detailed as development agreements, and cannot provide exceptions or
entitlements that would not otherwise be available to the property being annexed. However, they
have been used to clarify assumptions about the property and reduce the potential for
misunderstandings in the future. Any pre-annexation agreements will come to the Council for
approval prior to LAFCO's final action on the annexation.
Development Fees
As part of the Orcutt Area Specific Plan, a financing strategy was developed in order to provide a
funding mechanism for the public improvements needed to serve the area development. This
strategy involved creation of an area-specific fee. The purpose of adopting an area-specific
development fee is to implement the goals and objectives of the City's General Plan which state P
Orcutt Area Annexation Page 6
that new development should pay its fair share (Land Use Element policy 1.13). These fees will
provide a financing method for the construction and purchase of transportation and park
improvements specific to the.Orcutt Area and are charged in addition to City-wide impact fees.
The Council has determined that impact fees are needed in order to finance these facilities and
improvements and to pay for new development's fair share of the construction or purchase costs
of these facilities and improvements.
In response to property owner input, the City Council reduced the Orcutt area project-specific
impacts fees from $19,265 to $17,181 per single family home and from $13,904 to $12,448 per
multi-family unit. These reductions were possible partly because the Council approved a 50%
cost sharing for the Industrial Way bicycle/pedestrian bridge project and because of grants
received by the City for the Orcutt/Laurel intersection improvements. Chapter 8 of the OASP
(available in the Council Reading file) contains details regarding the public facilities to be
financed as part of the fee program and the per-unit cost of those facilities.
LAFCO staff has indicated that these fees must be in place prior to annexation so that property
owners in area to be annexed fully understand the future costs to develop. The Council action
tonight involves adopting a fee resolution which will be distributed to all owners after adoption.
The fees will not apply to any property owner until development is proposed after the property is
annexed to the City. These fees will not apply to annexed property where an owner chooses to
maintain the current land uses without change. A resolution to adopt these fees for the Orcutt
area has been included for Council consideration (Attachment 4).
Pre-Zoning
In order to annex the property into the City, LAFCO requires that the City specify the zoning of
the property to be annexed. This allows the property to be evaluated for value in the boundary
exchange process between the City and the County. The zoning would take effect upon
recordation of the annexation following LAFCO approval. The General Plan Map has already
been amended to accommodate the OASP, and the new zoning would simply implement the
existing General Plan map. A color OASP annexation boundary and land use map is available in
the GASP and a separate copy has been included in the Council reading file.
Environmental Review
In March 2010, the Final EIR was certified for the Orcutt Area Specific Plan, addressing
potential environmental effects associated with future development. A subsequent
environmental document has been prepared with a focus on the impacts specific to annexation
and pre-zoning (Attachment 3). Based on the findings included in the Initial Study, a Negative
Declaration of Environmental Impact is recommended. The annexation process itself results in
no physical change to the environment.
CONCURRENCES
All City departments with responsibility for providing services to the proposed annexation areas
have been involved in the development of the Plan for Services and the specific plan that
includes development standards for this area. City staff has been working closely with LAFCO
staff regarding preparation of the formal annexation application. _PA _
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Orcutt.Area Annexation Page 7
FISCAL IMPACT
1. One-Time Costs. Annexation of the OASP is proposed at the City's cost. The LAFCO
application fee is approximately $13,000 and filing fees for the State Board of Equalization
are also required (approximately$2,500). At the August 17''meeting, Council authorized re-
assigning funds originally targeted for Phase 1B of the Airport Area annexation to the OASP
annexation project since this project is ready to proceed
2. Ongoing Cost and Revenues. The OASP was shown in the adopted Land Use Element as a
residential expansion area and evaluated as part of the adopted General Plan. When the
General Plan was prepared, it was accompanied by a fiscal impact analysis of on-going costs
and revenues, which found that, in its entirety, the General Plan was fiscally balanced. The
proposed annexation is consistent with and implements the General Plan and the specific plan
prepared to guide development of this area. The fiscal impact of this annexation contributes
to the overall balanced General Plan.
3. Annexation and Tax sharing. In 1996, the County and the incorporated Cities collaborated
to develop a basic tax-sharing agreement for annexations (Joint Resolution 01-96). In 2007
when the City began the process to annex Phase I of the Airport Area, the City agreed to
phase in sales tax revenue transfer over a five year period to assist the County during trying
fiscal times.
After the OASP annexation application is filed, LAFCO staff will authorize the City and the
County to begin negotiating the tax-sharing agreement that becomes part of the annexation
action. This negotiation occurs once the pre-zoning has been adopted so that information
regarding the assessed value of each property and the potential tax implications can be
understood during the negotiation process. According to Joint Resolution 01-96, for land that
is primarily zoned residential, the County retains the existing property tax base and two-thirds
(66%) of the future property tax increment. For undeveloped land that is pre-zoned for
commercial development, the County retains the existing property tax base and all of the
future property tax increment while the City retains the sales tax from the area. LAFCO staff
has indicated that the City and County will negotiate the tax sharing agreement using the
guidance under Joint Resolution 01-96 and from the CKH act which specifies that
annexations should be"revenue-neutral"for the jurisdictions involved.
ALTERNATIVES
1. The Council may wish to re-examine the annexation boundary. Mr. Garay has specifically
requested to remain outside of the annexation area and wishes to remain under the
jurisdiction of the County. At the August 17`b hearing it was determined that this property
should be included in the annexation boundary. Furthermore, LAFCO may even include this
property if Council chose to exclude it. This would be consistent with LAFCO policies that
would discourage the isolation of specific parcels within the annexation area
2. The City Council can direct staff not to offer pre-annexation agreements to property owners
in the annexation area. This alternative is not recommended because the agreements do not
obligate the City to provide services or benefits that differ from any other annexed property in
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the City, but do provide the benefit to both the City and the property owners by clearly
defining expectations.
3. The City Council can continue consideration of these annexation issues to a future Council
meeting and ask for additional information to be provided before direction is provided on a
course of action.
ATTACHMENTS:
Attachment 1: Proposed Annexation boundary map
Attachment 2: Draft plan for services
Attachment 3: Initial Study of environmental review
Attachment 4: Fee resolution
Attachment 5: Resolution authorizing annexation
Attachment 6: Ordinance adopting pre-zoning
AVAILABLE FOR REVIEW IN THE COUNCIL READING FILE
Orcutt Area Specific Plan
Orcutt Area Specific Plan Final EIR
August 17`h Council staff report
C ,utt Area Annexatioifacbmpnt 1
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Orcutt Area Annexation
Plan for Services —August 2010
Contents:
1. Law Enforcement
2. Fire Protection(Including Paramedic and Ambulance)
3. Parks and Recreation
4. Public Areas Maintenance
5. Public Transit
6. Solid Waste and Recycling
7. Government Services,Development Review and Code Enforcement
8. Water and Wastewater
9. Storm water facilities
10. Affordable Housing
1. Law Enforcement
The San Luis Obispo Police Department provides a variety of law enforcement and
community services. Police services are based at 1042 Walnut at the intersection of
Santa Rosa (Highway 1) and Highway 101. Full-time staff includes 86 employees; 59
are swom officers who perform law enforcement and management tasks.
The Department is divided into two police bureaus, with a captain commanding each.
The Operations Bureau consists of the Patrol Services Division, Traffic Safety Unit, and
Neighborhood Services Division. The Administrative Services Bureau consists of the
Investigative Division, Situation Oriented Response Team, Communications Division,
Records Unit and training function.
According to the Safety Element of the City's General Plan; the Department has a 30%
available-time objective for patrol officers. Available time is the portion of time that a
patrol unit is not already on call or otherwise unavailable to respond to a new emergency
call for service. The level of service in the annexed territory will be the same as in the
rest of the city.
The Orcutt Area Specific Plan indicates that the proposed annexation area will be served
by the City Police Department. The Orcutt area is located approximately 3 miles from the
police department at 1042 Walnut Street, from which response time is expected to be less
than 5 minutes. In addition, units are often patrolling in more proximate areas that may
result in a shorter response time. Finally, the County also has law enforcement services
available at the San Luis Obispo County Airport that could provide mutual aid response
in an emergency, if needed.
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The Orcutt Area Specific Plan indicates that development of the Orcutt Area will increase
the City's population by approximately 2,000 residents at build-out of the plan — an
increase of approximately 4%. The City expects that service demands will gradually
increase as development occurs in the Orcutt area in proportion to the amount of new
development over the life of the plan. Development of the Specific Plan Area will likely
drive the need for additional personnel and equipment to maintain performance at 30%
available time for all patrol officers. Resources are allocated to the Police Department
through the City's 2-year budget and financial plan process. Requests for additional
resources are weighed against other potential uses of the City's general fund.
The level of service provided to the annexed territory will be the same as provided to the
rest of the City.
2. Fire Protection (Including Paramedic and Ambulance)
The City of San Luis Obispo Fire Department (SLOFD) provides emergency and non-
emergency fire protection services in the City. Emergency services include fire response,
emergency medical response, hazardous materials response, and public assistance. Non-
emergency services include fire and life safety inspections, building inspections, building
plan checks, fire code investigations, arson investigations, and public education.
Additionally, the SLOFD is a member of a countywide team that responds to hazardous
materials incidents throughout the County.
The Fire Department operates 4 fire stations and has 42 full-time firefighters on staff.
Headquarters (Fire Station #1) is located on the comer of Broad Street and South Street
and houses the administrative offices, the Fire Prevention Bureau, a maintenance shop
and training facility. Fire Station #3 is located at 1280 Laurel Lane and would serve the
area. Station 3 typically has a staff of two firefighters and one paramedic and equipment
for one three-person fire engine and can typically reach the area within the desired four
minute response time. In addition, Fire Station 44 is located at the corner of Madonna
and Los Osos Valley Road. The Fire Department's standard of coverage recommends
that a three-person engine company, with paramedic, be available on all shifts 95 percent
of the time, All SLOFD engine companies (first responders during an emergency call)
include at least one paramedic.
The Orcutt Area Specific Plan indicates that Fire Station. 1 and 3 would provide the first
response. Depending on the incident, Fire Stations 2 and 4 may also respond to provide
back up.
The Orcutt Area Specific Plan indicates that development of the Orcutt Area will increase
the City's population by approximately 2,000 residents at build-out of the plan — an
increase of approximately 4%. The City expects that service demands will gradually
increase as development occurs in the Orcutt area in proportion to the amount of new
development over the life of the plan. Mitigations to address fire safety and access
concerns (such as circulation improvements, non-combustible exteriors and defensible
space requirements)have been addressed in the plan.
Plan for Services-Page 2
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City of San Luis Obispo,D ^_ ;utt AreA400,21ment
Resources are allocated to the Fire Department through the City's 2-year budget and
financial plan process. Requests for additional resources are weighed against other
potential uses of the City's general fund.
The level of service provided to the annexed territory will be the same as provided to the
rest of the City.
3. Parks and Recreation
The Parks and Recreation Element of the General Plan establishes a standard of 10 acres
of parkland per 1,000 City residents. The Orcutt Area meets this requirement by
providing a 12-acre neighborhood park, 4.3 acres of pocket parks, and development of
approximately 4 acres of parkland as a joint use facility on a future elementary school site
in the area. The Neighborhood Park will be created with development of the surrounding
neighborhoods and will be dedicated to, and thereafter maintained by,the City.
4. Public Areas Maintenance
The proposed annexation boundaries have been created in consideration of the City's
ability to maintain public infrastructure within the annexation area. The City will
maintain public facilities in the Orcutt Plan Area including parks, open space, and creek
corridors; public streets; bicycle lanes and paths; and pedestrian paths. Street
maintenance includes roadway pavement and markings, curb, gutter and sidewalk, and
signs, street lighting, and signals. ,Adjacent properties will maintain the curb strip
(planted area between the curb and"the sidewalk) except for trees in the curb strip, which
are maintained by the City. Maintenance of planting strips and other streetscaping along
"A", `B", "C", and"D" Streets, Bullock Lane, Orcutt Road, and Tank Farm Road will be
the responsibility of a Master Homeowners Association. A Master Homeowners
Association or homeowners associations by individual development will also be
responsible for maintenance of detention basins in the Orcutt Area. Privately owned but
shared outdoor areas, such as condominium common areas, will be maintained by
homeowners' associations. The owners of the multi-family apartments will maintain
privately owned common outdoor areas such as children's playgrounds and outdoor
greens.
Within the annexation area, new development will be responsible for dedicating and
improving right-of-way areas with streets, curb, gutter, sidewalk, street trees, bike lanes,
parks, paths and necessary utilities infrastructure. After City acceptance of public
improvements, new streets are incorporated into the pavement management program.
The Specific Plan does not show local streets as their location will be determined during
the review of subdivision plans as they are submitted to the City.
5. Public Transit
The City expects to continue to provide citywide bus service through a contract operator
and intends to extend service into the Orcutt Area as street connections and development
are completed as resources and ridership allow. Potential bus routes and stops are
provided in the plan; however, final routes, stops, and schedules are not included in the
Plan for Services-Page 3
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City of San Luis Obispo ;utt A Aft&xpnuent Z
Specific Plan and will be determined in consultation with the transit authority. Regional
transit agencies are expected to continue providing connections between San Luis Obispo
and other points in the county. Existing transportation services provided by Amtrak, air
carvers and bus charter companies are expected to continue. New development is
responsible for providing transit facilities, such as turnouts, shelters and in some cases,
smart signs that indicate how soon the next bus will arrive.
6. Solid Waste and Reychng
The City of San Luis Obispo contracts with San Luis Garbage Company for garbage,
green waste and recycling services. San Luis Garbage disposes of solid waste at the Cold
Canyon Landfill, which is a regional facility. San Luis Garbage also serves commercial
and residential properties within the City's urban reserve and no change in service is
expected for annexed properties.
The City also runs a construction and demolition debris recycling program (Municipal
Code Chapter 8.05). The goal of the program is to divert the bulk of the materials
generated from projects within the City of San Luis Obispo from the landfill and thus,
extend the landfill's lifespan. Construction and demolition debris materials represent a
significant percentage of the City's solid waste stream, with current estimates at 25
percent of the total tonnage. The program helps the City meet State-mandated
requirements for solid waste reduction. The Orcutt Area will be required to meet these
standards.
7. Municipal Services, Development Review and Code Enforcement
The City of San Luis Obispo will provide for municipal services within the annexed
territory such as elections, public notices, development review, building permits and
inspections, subdivision review, permitting and inspecting public improvements, and
code enforcement. San Luis Obispo City government will provide for development
review of all new development projects in accordance with the approved specific plans,
and will coordinate with the County of San Luis Obispo with respect to on-going
construction projects and active construction permits. Code enforcement activities in the
annexed territory will be provided by a full-time staff member in the Community
Development Department, in coordination with the Police Department and the City
Attorney's Office.
The level of service provided to the annexed territory will be the same as provided to the
rest of the City and will be subject to applicable service fees. Government services are
based at City Hall, 990 Palm Street, San Luis Obispo.
8. Water and Wastewater
Water Supply
Currently, water to the majority of properties in the Orcutt Area is provided by wells on
the individual properties. Several properties near the intersection of Orcutt Road and
Johnson Avenue and fronting on Bullock Lane are already served by City water lines.
New 12-inch diameter public water mains will be constructed along the proposed
Plan for Services -Page 4
f)44y - 13
- `�"ley�y�
City of San Luis Obispo _ ,_gut � a-t
residential collectors, "A", `B", "C", and "D" Streets. These lines will connect to the 8-
inch and 12-inch water mains along Bullock Lane, Orcutt Road, and Tank Farm Road to
provide a looped water supply. Water for the Righetti Ranch home open space area will
be provided by a connection to the existing water line in Tank Farm Road. Pressure
regulating valves or other appurtenances may be needed as a part of the required water
system improvements to be certain that the new area interacts properly with the existing
water system.
Based on the proposed units of residential and commercial development and the City's
water-use factors, proposed development. in the Orcutt Area is anticipated to require
approximately 220 acre-feet per year of potable water for residential and commercial uses
(including private landscaping). An additional estimated 30 to 40 acre-feet of water
would be used for landscaping for common outdoor areas in the multi-family residential
developments and for commercial and public landscapes such as the Neighborhood Park
and linear park. Consistent with the City's 2007 Water Reuse Master Plan, commercial
and public landscape areas will utilize recycled water. Any irrigation needed to establish
or maintain vegetation in the storm water detention and riparian enhancement areas will
be required to use recycled water.
Potable water for the Orcutt Plan Area will be supplied from the City's multi-source
water supply. The City has five sources of water to meet the community's water
demands: Salinas Reservoir (also referred to as Santa Margarita Lake), Whale Rock
Reservoir, groundwater, recycled water, and beginning in the fall of 2010, Lake
Nacimiento. With these available water resources, the City Council adopted major
revisions to the City's Water and Wastewater Management Element on July 6, 2010
which establishes policies relative to water and wastewater services. Relative to water
resources, the new policies establish that the City will account for water supplies
necessary to meet three specific community needs as discussed below:
1. Primary Water Supply — The primary water supply is.the amount needed to
meet the General Plan build-out of the City. The quantity of water needed for the
City's primary water supply needs is calculated using a ten-year average of actual
per-capita water use and the City's build-out population as identified in the City's
adopted Land Use Element of the General Plan.
2. Reliability Reserve — The reliability reserve provides a buffer for future
unforeseen or unpredictable long-term impacts to the City's available water
resources such as loss of yield from an existing water supply source and impacts
due to climate change. The amount of the reserve is established as the current City
population times twenty percent of the ten-year average of actual per-capita water
use.
3. Secondary Water Supply—The secondary water supply is the amount needed to
meet peak water demand periods or short-term loss of City water supply sources.
The City's secondary water supply is identified as any water supply resources
above those needed to meet the primary water supply and reliability reserve.
Plan for Services-Page 5
.PH4-1�
City of San Luis Obispo_ utt �' �'
Atta. � ot 2
With the City's available water resources, the City can meet the water supplies needed
for full build-out of the General Plan, which includes this annexation area, as well as
providing water for the reliability reserve and secondary water supply as shown in the
table below.
2010 Water Supply Accounting
Total Water Primary Water Reliability Secondary Water
Supplies Supply Reserve supply
9,950 acre-feet 7,894 acre-feet 1,241 acre-feet 816 acre-feet
The new development will incorporate water conservation features such as low-flow
faucets and showerheads, drought-tolerant landscaping, and drip irrigation systems. Non-
potable water for public landscaping will be provided through the City's recycled water
distribution system. Point of connection to the City's water reuse system and location of
the reclaimed water main in the Orcutt Area are shown in Figure 6.1 in the OASP. The
new development will also utilize a dual-water system to allow use of City recycled water
for public landscaping in the parks,.landscaped buffers, the community commercial
mixed use area, and common outdoor areas in the multi-family residential areas.
Commercial mixed use and multi-family development projects will include reclaimed
water irrigation systems in their landscaping plans.
Special care shall be given to all development plans, especially when recycled water will
be implemented in phases or in conjunction with the use of well water, to ensure that all
regulations regarding the use of recycled water are met and maintained. One of these
regulations prohibits the use of recycled water within 50 feet of any potable well.
The City's goals to maximize the use of recycled water may result in requirements to
install recycled water mains beyond the limits shown in Figure 6.1 in the OASP. Such
recycled water main extensions may be eligible for reimbursement by the City and/or
future development in the area, when the extensions are required to be installed beyond
that needed to serve the proposed development.
Recycled Water
In 2006, the City's Water Reuse Project began delivering recycled water to several parks,
sports fields, and other landscaped areas. Initially, approximately 130 acre-feet per year of
recycled water will be used, offsetting potable water use for irrigation and making more
water available for new development. The Water Reclamation Facility produces enough
recycled water so that approximately 1,000 acre-feet per year could be delivered for
irrigation in the future. The additional water will be used to irrigate new developments
within the City as well as appropriate existing irrigation sites.
Recycled water will provide a reliable long-term source of water for the City. Since drought
conditions have very little impact on this source of supply, a dependable water supply can be
delivered to the parks, playgrounds and similar landscape areas served by the project even
during drought periods.
Plan for Services-Page 6
City of San Luis Obispo ,��utt de � 11n t
Wastewater Collection LLL 111 11
The City's wastewater collection system conveys approximately 4.1 million gallons per
day (mgd) to the City's Water Reclamation Facility (WRF). The current treatment
capacity of the WRF during dry weather conditions is 5.1 mgd of wastewater. Therefore,
the estimated remaining capacity is 1.0 mgd or 19.6 percent of the total wastewater
treatment capacity. The City's Wastewater Master Plan identified that the WRF will be
at capacity when the City's population reached 50,000.
Individual septic tanks currently provide wastewater treatment for the majority of
properties in the Orcutt Area. Wastewater from the area covered by this specific plan will
be conveyed to a new sewer that will cross under the railroad at Industrial Way.
Wastewater will then be conveyed down Industrial Way to a new 10" sewer in Broad
Street. Alternatives to this configuration may be considered by the City in order to avoid
a new railroad crossing, if it can be demonstrated that adequate capacity is available in
existing sewer mains near the Orcutt Area.
The completed development will generate an estimated 149,000 gallons/day of
wastewater from the residential area and 2,000 to 3,200 gallons/day from the mixed-use
area. This estimate is based on the City's standard wastewater generation rate of 190 and
120 gallons per day/unit for single-family and multi-family residential uses, respectively
and 0.20 gallons per day/square foot of commercial space. The City's wastewater
treatment plant still has remaining capacity, and planning has begun on an upgrade
project that will meet the needs of General Plan build-out.
Total wastewater flow for the proposed project was estimated by the City's Utilities
Department to be 152,000 gpd. Based on these estimates, buildout of the Orcutt area
would utilize approximately 15 percent of the WRF's current remaining capacity. It is
expected that the capacity improvements will be in place prior to General Plan buildout.
Depending on the timing of needed improvements relative to the pace of development
and construction in the City, however, a temporary resource deficiency could occur. If
any particular project results in a demand that would exceed available capacity at the
wastewater treatment plant, building permits could be delayed until the needed capacity
is available. The cost of providing the additional capacity will be incorporated into the
City's Wastewater Impact Fee structure. Pre-annexation agreements can be utilized to
establish criteria for when any existing buildings will be required to connect to the sewer
system and pay the associated Wastewater Impact Fee.
9. Storm water facilities
The Orcutt Planning Area is located within the watershed of the East Branch of San Luis
Obispo Creek. Drainage features on the site include seven small perennial streams, five
of which join together mid-site into one channel. The site has two distinct drainage sub-
areas. Both are tributary to San Luis Obispo Creek. The Orcutt Area has no Flood Zone
`A' or `B' areas (`A' indicates the areas of 100-year inundation). The proposed Drainage
Master plan for the Orcutt Area meets the City's existing requirements for storm water
management in new developments and complies with the:City's Waterway Management
Plan for Services- Page 7
City of San Luis Obispo.—)
Plan (WMP). The project also incorporates best management practices for stormwater
quality control.
The drainage plan proposed for the Orcutt Area includes a shared basin that provides
detention for several subareas within the Specific Plan. Subareas not participating in the
shared basin will be required to provide their own detention facilities. The grading plans
and creek plans that. affect the drainage will adhere to the WMP recommendations to
establish a constructed natural channel. These standards result in a creek channel that has
increased habitat value as well as adequate hydraulic capacity and stability to address
area drainage. Storm water runoff quality will be addressed for both Construction and
Post-Construction phases of the project. Sediment control during construction will be
addressed through.a detailed Storm Water Pollution Protection Plan (SWPPP) prepared
for each grading project over 1 acre in disturbance. Construction Phase impacts will be
addressed by the implementation of Best Management Practices (BMP's) during
construction, and erosion control plans. The Specific Plan also will utilize BMP's for post
construction stormwater quality.
The primary method of treating storm water quality will be bio-filtration: typically
comprised of drainage areas that retain and filter water and any associated pollutants
through vegetation and soils. Bio-filtration is the most effective long-term method for
improving stormwater runoff quality. These facilities will be located where the soil
conditions are appropriate and located to treat runoff containing pollutants (i.e. oils and
or sediments) where the site design is compatible. Types of facilities that may be used in
different site locations include bio-swales, detention basin forebays (which may also be
designed to function as a floodable terrace). Runoff from parking lots and outdoor storage
areas should be treated as close to the source as possible. Bio-filtration facilities should
be located near these sources of runoff, or the site should include pervious surfaces so
that runoff and pollutants are minimized. Buffers on streams and wetlands will also be
designed to optimize infiltration and minimize flooding impacts.
After development, a sizeable portion of the Orcutt Area will remain in open space and
parks and storm water runoff from those areas will be relatively unchanged. However,
development areas will generate additional surface runoff during storms. The WMP
indicates that storm water detention should be used in areas where there are downstream
capacity limitations, and where detention analysis indicates that it would be beneficial.
Stone water detention basins are proposed for the Orcutt Area, consistent with the
surrounding Edna/Islay developments and the recommendations of the 1999 Airport Area
Storm Drainage Master Plan (AASPDMP).
Considering the above, the basins proposed in the Specific Plan utilize the following
criteria to be consistent with the WMP, the hydrological study, and to be compatible with
the surrounding area drainage, applied at the basin outlet:
✓ Reduce 100-year post development peak runoff to 25-year pre-development rate.
✓ Reduce 50-year post development peak runoff to 20-year pre-development rate.
✓ Limit 10-year post development peak runoff to 10-year pre-development rate.
✓ Limit 2-year post development peak runoff to within 5 percent of the 2-year pre-
development rate.
Plan for Services-Page 8 ' r
City of San Luis Obispo _= _uttMat
;, est 2
The EIR analyzed the regional impact of the proposed basins designed to the above
standards, and used analysis methodology consistent with the City's adopted WMP. The
E1R concluded that the detention basins provided sufficient mitigations such that there we
no significant impacts to downstream receiving streams.
10. Affordable Housing
San Luis Obispo has adopted an inclusionary housing program that requires all new
development projects to include affordable housing units, dedicate real property for
affordable housing, or pay an in-lieu fee to increase affordable housing opportunities
Citywide. In residential annexation areas like the Orcutt Area, at least 5 percent of the
new housing must be rented or sold at prices affordable to low income households.
Another 10 percent of the new housing must be available for moderate income
households. New housing in San Luis Obispo must address the community's urgent need
for affordable housing. For housing to qualify as "affordable," the housing developer
must guarantee that the housing units will be developed and maintained in a manner
consistent with the City's Affordable Housing Standards, which are updated annually
with maximum sales prices and income limits for potential purchasers of affordable
homes.
The Orcutt Area Specific Plan includes policies and programs that require the affordable
housing to be constructed within the Orcutt Area. The affordable housing requirement.
will be met either by dedicating land in new subdivisions to the San Luis Obispo Housing
Authority, or other City recognized low-income housing developer, or by building
affordable units as part of the project. Property owners may also work together to
coordinate development of the required number of affordable units (5% low and 10%
moderate). When land is dedicated in-lieu of providing the affordable housing units, all
frontage improvements and off-site improvements required to serve the affordable
housing development shall be installed by the market-rate housing developer.
In addition to the programs that require affordable housing to be built within the Specific
Plan area, residential development standards allow lot sizes as small as 3,000 sq. ft in
order to encourage smaller lot development. This has the potential to increase the
amount of housing that is"affordable by design".
Plan for Services- Page 9 PH
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1
�Iill�lllll�llllll�ll I IIIIIIII� �
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Community Development Department• 919 Palm Street,'San Luis Obispo, CA 93401-3218
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For ER 81-10
1. Project Title:
Orcutt Area annexation and Pre-Zoning
2. Lead Agency Name and Address:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Phil Dunsmore, Senior Planner
(805) 781-7522
4. Project Location:
Orcutt Area Specific plan, surrounded by Orcutt Road, Bullock Lane and Tank Farm Road, City
of San Luis Obispo (See Attachment 1, Vicinity Map).
5. Project Sponsor's Name and Address:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
6. General Plan Designation: N/A
7. Zoning: N/A
8. Description of the Project:
Project includes the Annexation, fee schedule and pre-zoning of the 231 acre Orcutt Area
Specific Plan (GASP) Area consistent with the approved Specific Plan and General Plan Map.
This project implements the Orcutt Area Specific Plan, Financing Plan and Final EIR (FE1R)
adopted by City Council, March 2010.
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` `-f q ^ l
Telecommunications Device for the Deaf(805)781-7410.
Attachment 3
9. Surrounding Land Uses and Settings:
The 230.85-acre "Orcutt Area" is characterized by flat to rolling grasslands which rise to a steep,
rocky hill at the southeastern comer of the area known as Righetti Hill. Nestled at the base of the
Santa Lucia foothills, the Orcutt Area provides a variety of scenic resources for residents of the
area and travelers along Orcutt Road and Tank Faun Road, including views of Righetti Hill, Islay
Hill, and the Santa Lucia foothills. With a peak elevation of 563 feet and numerous rock
outcroppings, Righetti Hill is a natural landmark listed in the City's General Plan as one of the
defining Morros. The majority of the Orcutt Area has unobstructed views of the Santa Lucia
foothills located to the east of the Plan Area. In the General Plan, Orcutt Road and Tank Farm
Road are designated as roads of moderate scenic value and one section of Tank Farm Road
adjacent to the Orcutt Area is designated as a road of high scenic value. The Specific Plan is
designed to preserve and enhance these scenic resources.
The OrcuttArea includes natural features such as creeks and wetlands, a variety of plant
communities, hillside (Righetti Hill), and visual resources. The natural landscape includes plant
communities such as annual grassland, riparian woodland, wetlands and central coast scrub.
These habitats support a variety of wildlife. Riparian areas are primarily perennial creeks and the
Wetlands adjacent to creeks and small isolated agricultural wetland seeps on Righetti Hill. The
Orcutt Plan Area's historical uses of ranching and farming activities altered much of the native
habitat although viable native plant communities and riparian areas remain.
10. Project Entitlements Requested:
Annexation, Pre-zoning, and adoption of a fee resolution to apply development fees for the
Specific Plan Area.
11. Other public agencies whose approval is required:
San Luis Obispo County Local Agency Formation Commission(LAFCO)
`�� CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Attachrruent 3
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
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.
Aesthetics Greenhouse Gas Emissions Noise
Agriculture & Forestry Hazards&.Hazardous Population/Housing
Resources Materials
Air Quality Hydrology/Water Quality Public Services
Biological Resources Land Use/Planning Recreation
Cultural Resources Mandatory Findings of Transportation/Traffic
Significance
Geology/Soils Mineral Resources Utilities/Service Systems
FISH AND GAME FEES
There is no evidence before the Department that the project will have any potential adverse effects on fish
X and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a
no effect determination from Fish and Game.
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been
circulated to the California Department of Fish and Game for review and comment.
STATE CLEARINGHOUSE
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
`i CITY OF SAN LUIS OBISFO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Attachm-Ont 3
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared. X
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant' impact(s) or `potentially
significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed
I find that the proposed project will not have a significant effect on the environment, because
all potentially significant effects have been analyzed adequately in an earlier NEGATIVE
DECLARATION pursuant to applicable standards, nothing further is required.
Signature Date
Kim Murry,Deputy Director of Community Development For:John Mandeville,
Printed Name Community Development Director
P�q
IIIIIIIIIIIQi CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
I'
Attachment 3
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the analysis in each section. A "No Impacf' answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved(e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is
based on project-specific factors as well as general standards (e.g..the project will not expose sensitive receptors to
pollutants,based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site-as well as on-site, cumulative as well
as project-level,indirect as well as direct,and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact'is appropriate if there is substantial evidence that an effect is significant. If there are
one or more"Potentially Significant.Impact"entries when the determination is trade,an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" "applies where the incorporation of
mitigation measures has reduced an effect from"Potentially Significant Impact" to a"Less-than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level(mitigation measures from Section 17, "Earher.Analysis,"may be cross-referenced).
S. Earlier analysis may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been
adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D) In this case,'a brief
discussion should identify the following:.
a)Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects
were addressed by mitigation measures based on the earlier analysis.
c)Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures Incorporated,"describe
the mitigation measures which were incorporated or refined from the earlier document and the extent to which they
addressed site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g_ general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate,include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted
should be cited in the discussion.
��i CITY OF SAN LUIS Owspo 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
i
Attach-UiLJA 3
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in whatever
format is selected.
9. The explanation of each issue should identify:
a) the significance criteria or threshold,if any,used to evaluate each question;and
b) the mitigation measure identified,if any,to reduce the impact to less than significance
�`� CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Issues, Discussion and Supporting mformation Sources Sources Potential], Poten tt Less'lban Nf
Significant Signi i f
f &att*, . '
ER # 81-10 Orcutt Area Annexation, Fee Program and Pre- Issues Metion � - -�
zone Incorporated
1.AESTHETICS. Would theproject:
a) Have a substantial adverse effect on a scenic vista? 1 X
b) Substantially damage scenic resources, including,but not Iimited X
to, trees, rock outcroppings, open space, and historic buildings
within a local or state scenic highway?
c) Substantially degrade the existing visual character or quality of X
the site and its surroundings?
d) Create a new source of substantial light or glare, which would X
adversely affect day or nighttime views in the area?
Evaluation
The proposed project will result in the change of character of the plan area from a generally semi-rural setting to an urban
developed setting. This impact was evaluated in 1994 Land Use/Circulation Element EIR and in the Final Environmental
Impact Report for the Orcutt Area Specific Plan. While substantial design standards are contained in the Orcutt Area Specific
Plan, the Community Design Guidelines and the City's General Plan, the change in views was determined to be a significant
and unavoidable impact.
Conclusion
Although the specific plan provides for goals, policies and programs which are intended to reduce aesthetic impacts, no
feasible mitigation exists to eliminate the impact associated with the conversion of a semi-rural landscape to an urban
landscape. A Statement of Overriding Considerations was adopted by the City Council in Resolution No. 10154(Attachment
2).
The annexation of the Orcutt Area is a project proposed under the Final EIR for the Orcutt Area. Annexation of land within
the specific plan areas does not involve additional impacts relative to aesthetics beyond what was examined with the specific
plan.
2. AGRICULTURE & FOREST RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including
timberland are significant environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including
the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon
measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would
theproject:
a) Convert Prime Farmland, Unique Farmland, or Farmland of 1,2,10 X
Statewide Importance (Farmland), as shown on the maps
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 X
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
CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CH/EEC-KLIST 2010-
F6t � -a-s
Issues, Discussion and Supporting Information Sources sources Potentially PotentialA'�;,is Than No
Significant Significaficant `Tdi e
lit
ER # 81-10 Issues Unlesspct _ L.']
Mitigation
Incorporated
non-forest use?
e) Involve other changes in the existing environment which, due to X
their location or nature, could result in conversion of Farmland
to non-agricultural use or conversion of forest land to non-forest
use?
Evaluation
The OASP FEM, found that impacts to Agricultural Resources would be significant but mitigable upon development of the
specific plan area. The value of OASP agricultural land resources as measured by the Land Evaluation and Site Assessment
model is not considered significant. Property in the OASP is not under Williamson Act Contract. The FEIR did find that
development may result in land use conflicts between residential uses and agricultural operations. Currently, portions of the
specific plan area are utilized for grazing purposes. Mitigation in the FEIR recommends setbacks of 100 feet or more from
ongoing grazing operations. Amendments to the Specific plan have already been incorporate to recognize the potential
conflicts between agriculture and urban development. There are no forest lands in the GASP.
Conclusion
Annexation and pre-zoning of land consistent with the OASP within the specific plan area does not create additional impacts
relative to agricultural resources and no additional mitigation measures are required.
3. AIR QUALM. Would theproject:
a) Violate any air quality standard or contribute substantially to an 1,9 X
existing or projected air quality violation?
b) Conflict with or obstruct implementation of the applicable air X
quality plan?
c) Expose sensitive receptors to substantial. pollutant X
concentrations?
d) Create objectionable odors affecting a substantial number of X
people?
e) Result in a cumulatively considerable net increase of any criteria X
pollutant for which the project region is non-attainment under an
applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
Evaluation
The proposed project will result in the change of character of the plan area from a generally semi-rural setting to an urban
developed setting. Although the specific plan is consistent with assumptions of the General Plan and the San Luis Obispo
County Clean Air Plan(CAP),the adjustment of the Urban Reserve Line (URL)was not accounted for in the CAP, therefore
adjustment of the URL was considered to be a significant and unavoidable impact in the OASP FEIR. Mitigation measures
were incorporated to reduce these impacts, however even after mitigation, the potential impacts are considered to be
significant and unavoidable.
Conclusion
No feasible mitigation exists to eliminate the impact associated with the conversion of a semi-rural landscape to an urban
landscape including development of roadways and urban environment on semi-rural land. A Statement of Overriding
Considerations was adopted by the City Council in Resolution No. 10154(Attachment 2).
The annexation and pre-zoning of the Orcutt Area is a project proposed under the Final EIR for the OASP, however this
�I CITY OF SAN LUIS OBISPO S INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Pm L( —a—(e:;,
Issues, Discussion and Supporting Intormation Sources Sources Potentially Poten ly Less Than No
significant Signi c t ,. tmpael A
ER # 81-10 Issues tion, gtict
Mitigation ` •' "�
Incorporated
aspect of implementation dos not involve physical development or construction of facilities. Annexation of land within the
specific plan areas, or pre-zoning of the area consistent with the OASP does not involve additional impacts relative to air
quality.
4. BIOLOGICAL RESOURCES. Would theproject:
a) Have a substantial adverse effect, either directly or indirectly or 1 X
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or regional
plans, policies, or regulations, or by the California Department
of Fish and Game or U.S.Fish and Wildlife Service?
b) Have a substantial adverse effect, on any riparian habitat or X
other sensitive natural community identified in local or regional
plans, policies, or regulations, or by the California Department
of Fish and Game or U.S.Fish and Wildlife Service?
c) Conflict with any local policies or ordinances protecting X
biological resources, such as a tree preservation policy or
ordinance(e.g.Heritage Trees)?
d) Interfere substantially with the movement of any native resident X
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of
wildlife nursery sites?
e) Conflict with the provisions of an adopted habitat Conservation X
Plan,Natural Community Conservation Plan, or other approved
local,regional,or state habitat conservation plan?
f) Have a substantial adverse effect on Federally protected X
wetlands as defined in Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools, etc.)
through direct removal, filling, hydrological interruption, or
other means?
Evaluation
The Final EIR for the OASP and Related Facilities Master Plans identifies a total of 6 impacts related to biological resources
associated with build-out of the annexation area. Some of these impacts include loss or temporary disturbance of annual
grasslands, wetland habitat, and riparian woodland or scrub. Impacts are also identified to special status plant and wildlife
species such as Burrowing Owl,Monarchs,and Vernal Pool Fairy Shrimp and their habitats.Development of the specific plan
area has the potential to reduce populations and available habitat of wildlife in general.Mitigation measures identified in the
EIR are incorporated into the Specific Plan as policies and programs,or more specific requirements for avoidance of impacts
on special status plant and animal species.
Conclusion
According to the Final EIR for the GASP, all impacts related to biological resources can be mitigated to less than significant
levels. All impacts and findings associated with biological resources can be found in the resolution in Attachment 2. The
proposed annexation and pre-zoning proposal involves no direct impacts on biological resources in the annexation area and
no additional mitigation is required.
5.CULTURAL RESOURCES. Would theproject:
a) Cause a substantial adverse change in the significance of a 1,10 X
historic resource?(See CEQA Guidelines 15064.5)
b) Cause a substantial adverse change in the significance of an X
archaeological resource?(See CEQA Guidelines 15064.5)
i/ CITY OF SAN Luis OBISPO I INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
V k q `t-7-
Issues, Discussion and Supporting ulTormation Sources Sources Potentially-- Potenf#ljjt lath No ,
Significant Sign c0bt Impact
ER # 81-10 Issues Unless �t ✓ r y
Mitigation
Inco rated
c) Directly or indirectly destroy a unique paleontological resource X
or site or unique geologic feature?
d) Disturb any human remains, including those interred outside of X
formal cemeteries?
Evaluation
As discussed in the Final EIR for the GASP,ground disturbance associated with infrastructure development and construction
of new access roads, underground utilities and buildings could have an impact on known and unknown cultural resources
including archeological and historic resources. The FOR found that development of the annexation area has the potential to
result in earth disturbance at several locations considered sensitive for archeological resources.
Conclusion
The Final EIR for the OASP identifies impacts associated with development as less-than-significant with implementation of
the required mitigation measures. Additionally, the specific plan incorporated provisions to protect cultural resources. All
impacts associated with cultural resources and related findings can be found in the OASP and in the resolution in Attachment
2. The proposed annexation and pre-zoning does not involve ground disturbance or any other physical activity that would
create a direct impact to cultural resources and,therefore,no additional mitigation is required.
6. MINERAL RESOURCES. Would theproject:
a) Conflict with adopted energy conservation plans? 1 X
b) Use non-renewable resources in a wasteful and inefficient X
manner?
c) Result in the loss of availability of a known mineral resource X
that would be of value to the region and the residents of the
State?
Evaluation
a)b)c)The project will not conflict with adopted energy conservation plans or promote the use of non-renewable resources in
an inefficient manner. No changes are proposed to the policies that regulate energy and mineral resources.No known mineral
resources are known to be associated with Orcutt Area Specific Plan development areas. Although there is an abandoned
mining operation within the Orcutt Area on Righetti Hill, it was historically utilized for chromite and is no longer considered
a mineral resource. Furthermore, the area on Righetti Hill is proposed for an open space area and annexation will not
eliminate the or allow development near the historical mining resource. The FEIR for the OASP did not indicate presence of
any mineral resources nor conflict with any adopted energy conservation plans.
Conclusion:No impact.
7. GREENHOUSE GAS EMISSIONS. Would theproject:
a) Generate greenhouse gas emissions,either directly or indirectly, X
that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted X
for the purpose of reducing the emissions of greenhouse gases?
Evaluation
a)b)c) The Orcutt area specific plan Final EIR discusses the potential of impacts due to greenhouse gas emissions, consistent
with AB 32. The FEIR found that the specific plan development would create Greenhouse Gas Emissions (GHG) impacts
that are significant but mitigable. The Orcutt area EIR utilizes analysis based on the guidance from the CAPCOA in their
CEQA and Climate Change white paper(January 2008). The CAPCOA document provides the technological methodologies
CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
P« q ��-�'
Issues, Discussion and Supporting Illrormation Sources Sources Potentially Potain Less Than No
Significant Signifi Ai f;
Issues Unl
ER # 81-10 ' !J
Mitigation
Inco rated
to assess GHG emissions. The information provided in this section is based on recently established California goals for
reducing GHG emissions as well as a project-specific emissions inventory developed for the Specific Plan.The analysis of the
Orcutt Area Specific Plan addresses impacts associated with the ultimate build-out of the area and does not establish
thresholds for the City or set precedence for the type of analysis in a climate change analysis. However, the OASP EIR
establishes mitigation measures to achieve performance standards for the development project. These performance standards
are consistent with the intent of AB 32 and help to minimize potential impacts.
Conclusion: No Impact. Mitigation measures incorporated into the Orcutt Area Specific Plan EIR will help to reduce GHG
emissions.Annexation and Pre-zoning of the specific plan area has no effect on GHG emissions.
8. GEOLOGY AND SOILS. Would theproject:
a) Expose people or structures to potential substantial adverse 3,10
effects, including risk of loss,injury or death involving:
I. Rupture of a known earthquake fault, as delineated in the X
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?
Il. Strong seismic ground shaking? X
III. Seismic-related ground failure,including liquefaction? X
IV. Landslides or mudflows? X
b) Result in substantial soil erosion or the loss of topsoil? X
c) Be located on a geologic unit or soil that is unstable, or that X
would become unstable as a result of the project,and potentially
result in on or off site landslides, lateral spreading, subsidence,
liquefaction,or collapse?
X
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 rope ?
Evaluation
The City of San Luis Obispo is in Seismic Zone 4,a seismically active region of California and strong ground shaking should
be expected at any time during the life of proposed structures. Structures must be designed in compliance with seismic design
criteria established in the Uniform Building Code. Since this is a code requirement that is monitored through the review of
plans during the Building Division's plan check process,no further mitigation is necessary.
Portions of the annexation area lies in an area identified by the Safety Element of the General Plan as being in an area of High
Liquefaction Potential. As defined in the Safety Element, liquefaction is"the sudden loss of the soil's supporting strength due
to groundwater filling and lubricating the spaces between soil particles as a result of ground shaking." In extreme cases of
liquefaction,structures can tilt,break apart,or sink into the ground. The likelihood of liquefaction increases with the strength
and duration of an earthquake. The risk of settlement for new construction can be reduced to an acceptable level through
careful site preparation and proper foundation design. Recommendations for proper site preparation and foundation design
are included in project soils reports and soils engineering reports. These documents are required by code to be submitted to
the Building Division as part of the construction permit process,therefore,no further mitigation is necessary.
Conclusion
The specific plan includes a program to reduce potential impacts associated with liquefaction for the plan area. These are
described in the mitigation measures attached to the resolution in Attachment 2. Development proposed within the Orcutt
Area will be subject to requirements to prepare soils reports and soils engineering reports with recommendations regarding
suitability of particular development sites for construction and recommended construction methods. The proposed
Annexation and Pre-zoning do not involve construction of any new facilities. Therefore, no impacts relative to geology and
soils have been identified.
�i CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Issues, Discussion and Supporting wrormation Sources Sources Potential), Potenti ly Less Than No
Significant Sigru 8i00cant,
Issues Un A �h�p t, ` =
ER # 81-10 Mitigation �'..T..LL
Inco opted
9. HAZARDS AND HAZARDOUS MATERIALS. Would the pr Ject:
a) Create a significant hazard to the public or the environment 3,10, X
through the routine use, transport or disposal of hazardous 11
materials?
b) Create a significant hazard to the public or the environment X
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely X
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Expose people or structures to existing sources of hazardous X
emissions or hazardous or acutely hazardous materials,
substances,or waste?
e) Be located on a site which is included on a list of hazardous X
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, it would create a significant hazard to
the public or the environment?
f) For a project located within an airport land use plan, or within X
two miles of a public airport,would the project result in a safety
hazard for the people residing or working in the project area?
g) Impair implementation of, or physically interfere with, the X
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of lose, injury, X
or death,involving wildland fires,including where wildlands are
adjacent to urbanized areas or where residents are intermixed
with wildlands?
Evaluation
The Final EIR for the Orcutt area identifies impacts associated with public safety as a result of development in the annexation
area. These include potential exposure to Electric Magnetic Fields(EMF)due to proximity between new development and a
transmission line easement; development within an airport safety zone associated with the San Luis Obispo County Airport;
development near the Union Pacific Railroad and the possibility of accidents related to interaction with railroad activity,and
potential environmental conditions that exist in the area such as the potential for heavy metals to be foudn in the soils near an
abandoned mining operation on Righetti Hill.
Conclusion
In addition to the policies and programs in the OASP, specific mitigation measures have been designed to reduce potential
public safety hazards to a less than significant level. These mitigation measures are described in the attached resolution,
Attachment 2 and include actions such as safe pedestrianibike passage across the railroad tracks, soil sample requirements
prior to development in certain areas, and noise-dampening construction techniques. Annexation and pre-zoning of land
within the Orcutt Area does not involve any direct impacts related to hazards or hazardous materials. No further mitigation
measures are required.
10. HYDROLOGY AND WATER QUALITY. Would the prcject:
a) Violate any water quality standards or waste discharge 1,4 X
requirements?
b) Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there would
CITY OF SAN Luis OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Ply 4 "��
Issues, Discussion and Supporting'-„formation Sources Sources Potentially -' Potentia Less•than No
Significant Signific t 15dgnific'4
ER # 81-10 Issues Mitigation 1
Incorporated
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 which would not support
existing land uses for which permits have been granted)?
c) Create or contribute runoff water which would exceed the X
capacity of existing or planned storm water drainage systems or
provide additional sources of runoff into surface waters
(including, but not limited to, wetlands, riparian areas, ponds,
springs, creeks,streams,rivers,lakes,estuaries,tidal areas,bays,
ocean,etc.)?
d) Substantially alter the existing drainage pattern of the site or X
area in a manner which would result in substantial erosion or
siltation onsite or offsite?
e) Substantially alter the existing drainage pattern of the site or X
area in a manner which would result in substantial flooding
onsite or offsite?
f) Place housing within a 100-year flood hazard area as mapped on X
a Federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map?
g) Place within a 100-year flood hazard area structures which X
would impede or redirect flood flows?
h) Will the project introduce typical storm water pollutants into X
ground or surface waters?
i) Will the project alter ground water or surface water quality, X
temperature,dissolved oxygen,or turbidity?
Evaluation
According to the Final EIR for the OASP development under the specific plan would cause changes to absorption rates,
drainage patterns and the amount of run-off. Development would also increase discharges of surface water pollutants and
expose people and property to flooding hazards. Furthermore, regional detention basin storage has the potential to create
downstream erosion impacts from longer durations of downstream flows and development could result in an increase in
peak discharges. All new development in the annexation area will be required to comply with the requirements of the
Waterways Management Plan,Stormwater Pollution Prevention Plan and Low Impact Development standards.
Conclusion
The Final EIR for the GASP includes mitigation measures to adress hydrology and water quality impacts relative to
development in the annexation area. The Specific Plan provides for policies and programs that have addressed potential
drainage impacts. All impacts and findings associated with hydrology and drainage can be found beginning in the attached
resolution and these mitigation measures were determined to reduce the potential impacts to a less than significant level.
Annexation and Pre-zoning will not create any direct impacts relative to hydrology and water quality, therefore,no additional
mitigation is required.
11. LAND USE AND PLANNING. Would theproject:
a) Conflict with applicable land use plan, policy, or regulation of 1-7 X
an agency with jurisdiction over the project adopted for the
purpose of avoiding or mitigating an environmental effect?
b) Physically divide an established community? X
c) Conflict with any applicable habitat conservation plan or natural X
community conservation plans9
Evaluation
,3
CITY OF SAN Luis CBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST /
Issues, Discussion and Supporting Information Sources sources Potentially Potenti y/ IessThan No
Significant Sign
t?r 'SignificanC .fid
Issues iJn s ,y;Iz�s�ty�' � 3
ER # 81-10
Mitigation
Incorporated
The Final EIR for the OASP identified potential Class 2 impacts to land use and planning because it provides for development
outside of the City's Urban Reserve Line (URL). Additionally, the Specific Plan provided for slightly higher residential
densities in this area than were anticipated by the General Plan due to lesser amount of development accommodated in the
Margarita Area Specific Plan. The City-wide buildout is still consistent with that envisioned in the General Plan. Relocation
of the Urban Reserve Line,which occurred when the OASP was adopted,was considered a Class 2 impact and mitigation was
provided in the Final EIR. The OASP contains mitigations to address potential land use impacts. Development in the area
will not physically divide an established community.
Conclusion
The Final EIR for the OASP provides mitigation measures that reduce potential land use impacts to less than significant
(Attachment 2).The General Plan Land Use map has been updated to recognize the land uses and URL that correspond to the
OASP. Annexation and Pre-zoning of the Orcutt area will not introduce new land use impacts that were not otherwise
recognized by the OASP and the Final EIR.
12.NOISE. Would the project result in:
a) Exposure of people to or generation of "unacceptable" noise 7 X
levels as defined by the San Luis Obispo General Plan Noise
Element, or general noise levels in excess of standards
established in the Noise Ordinance?
b) A substantial temporary, periodic, or permanent increase in X
ambient noise levels in the project vicinity above levels existing
without the project?
c) Exposure of persons to or generation of excessive groundbome X
vibration or groundbome noise levels?
d) For a project located within an airport land use plan, or within X
two miles of a public airport or public use airport, would the
project expose people residing or working in the project area to
excessive noise levels?
Evaluation
The Final EIR for the OASP identifies potential impacts relative to noise. These include exposure of land uses to temporary
construction noise and long term noise from the existing railroad in excess of the City's standards for exterior noise exposure.
Each of these impacts is identified as less-than-significant with the inclusion of mitigation measures that are included in the
Final EIR. The build-out of the OASP will cumulatively contribute to roadway corridor noise levels on various roadways
including Orcutt Road,Tank Farm Road and Johnson Avenue that already exceed 60dBA. This was considered a significant
and unavoidable impact in the OASP FEIR. Mitigation measures were incorporated to reduce these impacts, however even
after mitigation,the potential impacts are considered to be significant and unavoidable.
All new development in the Orctitt Area will have to comply with Specific Plan mitigation measures, City Noise Element
standards, the City's Noise Ordinance, and standards included in the County Airport Land Use Commission's Airport Land
Use Plan.
Conclusion
The OASP includes goals, policies, and programs that reduce noise impacts caused by the nearby railroad. Impacts are also
mitigated through compliance with the City's Noise Element, Noise Ordinance and the Airport Land Use Plan. Annexation
and Pre-zoning will not create any direct impacts relative to noise,therefore,no additional mitigation is required.
13. POPULATION AND HOUSING. Would theproject:
a) Induce substantial population growth in an area, either directly 2,6 X
(for example by proposing new homes or businesses) or
i�
CITY OF SAN Luis Oatspo 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST2010 '��
Issues, Discussion and Supporting Information Sources Sources Potentially Potent; ly I css Than No
Significant Sigm Sficant Impact
Issues �aI amp�ct I, a 3
ER # 81-10 m � � "
Inco orated
indirectly (for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing or people X
necessitating the construction of replacement housing
elsewhere?
Evaluation
Development of the Orcutt Area will induce population growth in the City through the provision of housing and some jobs.
However,this population growth does not exceed the City's planned build-out capacity and will implement the City's General
Plan-especially goals and policies set forth in the Housing Element. Residential development is limited by the City's Growth
Management Ordinance,which allocates dwelling units to the City's expansion areas up to 1%per year,averaged over a five-
year period. Recent changes to the growth management policies were done in recognition of the Orcutt Area potential
development.
Conclusion
No significant impacts associated with population and housing were identified in the Final EIR for the proposed project. The
supply of housing that will occur is consistent with the City's General Plan.The act of pre-zoning and annexing the project
area will not modify the supply of housing from what was evaluated in the EIR and OASP. No residences will be displaced
with the annexation nor will development or action on the part of current residents be required as part of the pre-zoning and
annexation.
14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision, or need, of new or physically altered government facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services:
a) Fire protection? X
b) Police protection? X
c) Schools? X
d) Parks? X
e) Roads and other transportation infrastructure? X
Other public facilities? X
Evaluation
The Final EIR for the OASP identifies cumulative impacts from buildout of the Specific Plan Area due to an increased
number of residents served by the City's Fire Protection services and the San Luis Coastal School District. These impacts do
not occur immediately upon annexation,but only after additional development in the OASP annexation area(and other areas
such as the Margarita area) occurs. As service demands associated with development in the annexation area increase,
additional staffing resources will be needed to ensure that the annexation areas receive the same level of service as the rest of
the community. In the City of San Luis Obispo, these resources are allocated through the budget process, as opposed to the
establishment of area-specific fees. In addition, mitigation measures to address defensible space, non-combustible exteriors
for buildings in high fire hazard areas and standards addressing road widths and fire hydrants have been included in the
Specific Plan.
School services are also evaluated in the program EIR. The School District currently imposes impact fees in accordance with
State law and the FEIR concludes that with the fees and the OASP's ability to accommodate a school site internal to the plan,
impacts to schools are reduced to a less than significant level . The City is continuing to work with the School District
towards reserving a location for a new school in the future.
Conclusion
All impacts associated with public services and related findings can be found in the attached resolution.
PKC - 33
�� CITY OF SAN LUIS CBIspo is INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Issues, Discussion and Supporting Information Sources Sources Potentially -Pot 1I
Significant Si I t
Issues
ER # 81-10 Mitigation
Incorporated
Unlike other issue areas evaluated in this initial study, increased demand for police and fire services occur immediately upon
annexation. These impacts are considered less-than-significant,especially because City police and fire often respond to calls
for service in this area under existing mutual aid agreements. Over the course of build-out of these annexation areas,
additional staffing resources may be required. New facilities, such as a new police station or fire station are not anticipated.
Therefore,no additional mitigation measures are required.
15.RECREATION. Would theproject:
a) Increase the use of existing neighborhood or regional parks or 8 X
other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or X
expansion of recreational facilities,which might have an adverse
physical effect on the environment?
Evaluation
City standards call for 5 acres of neighborhood park and 10 acres of total parkland per 1,000 residents. The Orcutt Area
meets this requirement by providing a neighborhood park, several pocket parks, a linear park at the base of Righetti Hill and
bicycle/pedestrian paths throughout the Orcutt Area. Combined, the proposed parkland will total approximately 16.3 acres
with an additional 4 acres of parkland planned as part of a joint use facility associated with a future school site.
Conclusion
Overall, development of the Orcutt Area will have no impacts on recreation facilities because the related specific plans
accommodate the recreation needs of future residents. Annexation of land within the specific plan areas does not involve
additional impacts relative to recreation and no additional mitigation measures are required.
16. TRANSPORTATION/TRAFFIC. Would the ro'ect:
a) Conflict with an applicable plan, ordinance or policy 2;5 X
establishing measures of effectiveness for the performance of the
circulation system, taking into account all modes of
transportation including mass transit and non-motorized travel
and relevant components of the circulation system;including but
not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths,and mass transit?
b) Conflict with an applicable congestion management program, X
including,but not limited to level of service standards and travel
demand measures, or other standards established by the county
congestion management agency for designated roads or
highways?
c) Substantially increase hazards due to design features(e.g. sharp X
curves or dangerous intersections) or incompatible uses (e.g.
farm equipment)?
d) Result in inadequate emergency access? X
e) Result in inadequate parking capacity onsite or offsite? X
f) Conflict with adopted policies, plans, or programs regarding X
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
Evaluation
According to the Final EIR for the OASP, development under the specific plan will cause levels of service at one road
segment and five intersections to fall to LOS E or lower unless impacts are mitigatged. These intersections include
CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST U -3 /
. n
Issues, Discussion and Supporting Fnformation Sources Sources Potentially Pote 11
Significant Signj t� ` ip t 3
Issues 1111[
ER # 81-10 Mitigation
Incorporated
Orcutt/Tank Farm Road intersection and the Broad Street/South Street intersection. All of these these impacts will be
mitigated to a less than significant level following implementation of proposed mitigations. Other than these areas,the GASP
integrates transportation plans that accommodate the circulation, capacity, and access needs of the proposed land uses. The
transportation plans are self-mitigating in that roadway alignments, road extensions and new intersections are planned in
response to the traffic projected at build-out of the land use program.
A citizen-sponsored initiative known as Measure H has been certified for inclusion on the November 2010 ballot. If the
measure is adopted by the voters, the planned Prado Road connection to accommodate east-west traffic between Broad and
South Higuera will be terminated short of Broad Street, thereby concentrating traffic that would have used the planned
Prado/Broad intersection onto other streets and intersections. If the measure passes, it will affect one aspect of the City's
circulation system that was part of baseline circulation assumptions for the Orcutt Area Specific Plan EIR. Passage of
Measure H may create longer term impacts on the project that are unknown at this time.
Conclusion
The Final EIR for the OASP assesses transportation and traffic impacts relative to development in the annexation area. With
build-out of the specific plan, intersections in the vicinity of the annexation area would operate at acceptable levels when
mitigations are included. Known impacts associated with traffic and related findings can be found in attached resolution.
Annexation will not create any physical changes to the environment and therefore there are no direct impacts relative to
transportation and traffic. Should Measure H be adopted in November,any subsequent development proposed in the annexed
area will need to be reviewed for potential impacts resulting from a change to the planned-for circulation system. Annexation
does not require development to occur and could support a different level of development if required to mitigate changed
circumstances.
17.UTILITIES AND SERVICE SYSTEMS. Would theproject:
a) Exceed wastewater treatment requirements of the applicable 4 X
Regional Water Quality Control Board?
b) Require or result in the construction or expansion of new water X
treatment, wastewater treatment, water quality control, or storm
drainage facilities, the construction of which could cause
significant environmental effects?
c) Have sufficient water supplies available to serve the project X
from existing entitlements and resources, or are new and
expanded water resources needed'?
d) Result in a determination by the wastewater treatment provider. X
which serves or may serve the project that it has adequate
capacity to serve the project's projected demand in addition to
the provider's existing commitment?
e) Be served by a landfill with sufficient permitted capacity to X
accommodate the project's solid waste disposal needs?
f) Comply with federal, state, and local statutes and regulations X
related to solid waste?
Evaluation
a)b)c)d)e)f)
Development in the Orcutt Specific Plan at build-out will generate the need for approximately 264 acre-feet a year of water.
The City has sufficient potable and non-potable water supplies to serve new development. While existing buildings may
continue to utilize individual septic systems for some period of time,development in the project area will construct new sewer
facilities that will connect to existing City sewer mains. Some off-site water and sewer infrastructure may be required to be
constructed in order to provide water and wastewater service to the Specific Plan area. The FEIR found the impacts to both
water and wastewater impacts will be less than significant. Development in the OASP will be subject to the City's i
�� CITY OF SAN LUIS OBIsPO 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 0101
Issues, Discussion and Supporting Information Sources sources Potentially Potentiall
Significant Signific.
ER # 81-10 Issues Unless
Mitigation
Incorporated
construction waste recycling ordinance and the landfill has sufficient permitted capacity to accommodate the project's solid
waste disposal needs. Impacts to solid waste and landfill capacity are considered less than significant because the GASP
build-out is consistent with the adopted General Plan build-out. City garbage collection services will not change, as waste
collection services are already serving this area(San Luis Garbage)and solid waste is transported to Cold Canyon Landfill.
Conclusion: Annexation and pre-zoning will not result in potential impacts to water and wastewater or to solid waste.
Existing properties may continue to utilize on-site wells and septic systems to serve their property until owners wish to
develop their property consistent with the OASP.
18.MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the X
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, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory'?
Implementation of the text amendments will not degrade the quality of the environment.
b) Does the project have impacts that are individually limited, but X
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of the past projects,
the effects of other current projects, and the effects of probable
futureprojects)
No cumulative impacts are expected to occur from implementation of the annexation.
c) Does the project have environmental effects, which will cause X
substantial adverse effects on human beings, either directly or
indirectly?
Implementation of the annexation will not create environmental effects that will have an adverse impact on human bein s.
19.EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering,program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion
should identify the following items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
1. Final Environmental Impact Report. Orcutt Area Specific Plan. December 2009. SCH#2004011059
2. Final Environmental Impact Report. Land Use Element/Circulation Element Updates, City of San Luis Obispo, August
1994. SCH#92101006
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
No effects of the proposed annexation andpre-zoning were identified.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site-specific
conditions of the project.
No mitigation measures were incorporated from earlier documents since annexation and pre-zoning do not result in impacts
requiring mitigation.
20. SOURCE REFERENCES.
1. Ci of SLO General Plan Conservation and Open Space Element,May 2006
2. City of SLO General Plan Land Use Element,June 2010
�ti �(-3�
�a� CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
Issues, Discussion and Supportng'lnrormation Sources sources Potentially Potenti y s ,
SigniScant Signi� [ i i aaftj
Issues Un
ER # 81-10
Mitigation
Incorporated
3. City of SLO General Plan Safety Element,July-2000
4 City of San Luis Obispo Water and Wastewater Management Element,July 2010
5. City of San Luis Obispo Circulation Element,November 1994
6. City of San Luis Obispo Housing Element,June 20.10_
7. City of San Luis Obispo Noise Element and Noise Guidebook,May 1996
8. City of San Luis Obispo Parks and Recreation Element,April 2001
9. _ - City of San Luis:Obispo Zoning Regulations,June 27 2008
10. CEQA Air Quality Handbook,Air Pollution Control District,2003
11. City of San Luis Obispo Land Use Inventory and Geographic Information System,current database
12. County of San Luis Obispo Airport Land Use Plan for SLO County ort,May 2005
13. Orcutt Area Specific Plan
14. Orcutt Area Specific Plan Environmental Impact Report December 2009
15. City of San Luis Obispo 2009 Water Resources Report
Attachment 1: Vicinity Map/Annexation boundary
Attachment 2: Resolution 10154 Certifying the OASP Final EIR and approving the OASP
`i CITY OF SAN LUIS OBISPO 19 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010
RESOLUTION NO. (2010 Series) Attachment 4
A RESOLUTION OF THE COUNCIL, OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING DEVELOPMENT IMPACT FEES IN THE ORCUTT AREA
FOR TRANSPORTATION AND PARK IMPROVEMENTS
WHEREAS, the Council adopted the Orcuu Area Specific Plan on March 2, 2010
following extensive public hearings by the Planning Commission and Council; and
WHEREAS, Chapter 8 (Public Facilities Financing) of the Orcuu Area Specific Plan
provides a detailed description of the transportation, trail linkages and park improvements
needed to serve this area and their costs, along with the method of apportioning these costs
between types of development; and
WHEREAS, the development impact fees adopted by this resolution, which are set forth
in Exhibit A attached hereto, are the same as those included in the approved Orcutt Area Specific
Plan; and
WHEREAS, the Council held a public hearing on September 21, 2010 to consider
proposed fees in funding improvements needed to serve new development in the Orcutt Area;
and
WHEREAS, the Community Development Director has determined that the provisions of
this resolution are exempt from the provisions of the California Environmental Quality Act
pursuant to Article 18 of the California Environmental Quality Act Procedures and Guidelines;
and
WHEREAS, the proposed fees comply with the provisions of Section 66000 of the
Government Code(AB 1600).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION A. FINDINGS
1. The purpose of these area-specific fees is to implement the goals and objectives of
the City's General Plan and the Orcutt Area Specific Plan, to meet the public facility needs of the
Orcutt Area and to mitigate the impacts of new development in this area, by providing a
financing method for the construction and purchase of certain transportation, trail and park
improvements. The Council has determined that impact fees are needed in order to finance these
facilities and improvements and to pay for new development's fair share in the Orcutt Area of the
construction or purchase costs of these facilities and improvements. In establishing the fees
described in the following sections, the Council has found these fees to be consistent with the
City's General Plan, and pursuant to Government Code Section 65913.2, has considered the
effects of the fee with respect to the City's housing needs as established in the Housing Element
of the said General Plan Land Use Element.
pygq 3s
Attachment 4
Resolution No: (2010 Series)
Page 2
2. Area-specific development impact fees in the Orcutt Area, whose boundaries shall
be as defined in the Orcutt Area Specific Plan, are hereby established as a condition of any new
development for which any of the following approvals or permits is required:
a. Approvals of land divisions pursuant to Title 16 of the San Luis Obispo
Municipal Code, including approval of certificates of compliance, parcel maps, tract maps and
condominium conversions.
b. Land use approvals pursuant to Title 17 of the San Luis Obispo Municipal
Code, including_ rezonings or the approval of development plans, site plans, minor use permits,
variances, but excepting approval 'of San Luis Obispo General Plan/Land Use Ordinance
amendments.
C. Issuance of any occupancy permit or final building inspection.
d. All other approvals of real property development, which approvals are
subject to the jurisdiction of the City of San Luis Obispo and which approvals are subject to the
exercise of the discretion of the Council, Planning Commission or Community Development
Director. For purposes of this resolution, new development includes any change of use or
occupancy which increases the traffic service requirements of a development.
3. There is a reasonable relationship between the types of development on which
these impact fees are imposed, and the use of these impact fees and the need for the facilities and
improvements.
4. There is a reasonable relationship between the amount of these fees and the cost
of the facilities and improvements attributable to the developments on which these fees are
imposed. The estimated costs of facilities and improvements, including financing costs, to be
paid for by these fees is shown in Chapter 8, Public Facilities Financing, of the Orcutt Area
Specific Plan, which is attached hereto as Exhibit B of this Resolution. These costs have been
allocated to new development on the basis of dwelling unit type for residential uses, which are
reasonably related to the transportation and park needs of a development project in the Orcutt
Area.
5. The fees collected pursuant to this resolution shall be used only to pay for
facilities and improvements identified in the impact fee analysis and shall not be in lieu of any
other fee or tax as may be required by this code.
SECTION B. AMOUNT OF IMPACT FEES
Effective September 21, 2010, area-specific fees shall be in the amounts set forth in
Exhibit A attached hereto. Unless otherwise acted upon by the Council, the amount of the fees
will automatically be adjusted on July 1 of each year by the annual percentage change in the U.S.
Bureau of Labor Statistics consumer price index for all urban consumers (CPI-U), all-cities
average for the prior calendar year.
SECTION C. ONGOING REVIEW OF COST ESTIMATES PHq 3^
Resolution No. (2010 Series) Attache;e nt
Page 3 4
1. At.any time that the actual or estimated costs of facilities identified in the impact
fee analysis changes, the Director of Finance& Information Technology (Director) shall review
the impact fees and determine whether the change affects the amount of the impact fees. If the
impact fees are significantly affected, the Director shall, within thirty (30) days, recommend to
the Council a revised fee for their consideration.
2. At least once every five years, the Council will review the basis for these area-
specific impact fees to determine whether: they are still reasonably related to the impacts of
development; the facilities and improvements for which the fees are charged are still needed; and
the cost estimates are still valid.
SECTION D. TIME OF PAYMENT
1. As provided in Government Code Section 66007(b), the area-specific fees set
forth in Exhibit A shall be payable prior to issuance of building permits required for that
development and shall be collected by the Building Official.
2. For any development project or portion thereof, impact fees shall be assessed at
the time of application and remain valid for as long as the application is proceeding through valid
processing as per the Uniform Administrative Code.
SECTION E. DETERMINATION OF LAND USE CATEGORY
All determinations regarding the appropriate classification of development applications
by land use category shall be made by the Community Development Director.
SECTION F. EXEMPTIONS
The fees established under this resolution do not apply to the following:
1. Other government agencies.
2. That portion of a structure which existed before the addition of dwelling units or
the enlargement of floor area in a non-residential structure. If a structure is destroyed or
demolished, and replaced within two years from the date of demolition, the impact fees shall be
based on the service requirements of the new development.less the service requirements of the
development which it replaced.
SECTION G. APPLICANT CONSTRUCTION OF FACILITIES
If the applicant for approval of any development project is required by the City, as a
condition of approval, to construct facilities whose cost has been used in the calculation of
impact fees which apply to that project, the applicant shall receive a credit for that portion of the
total fees otherwise payable that are attributable to those facilities.. If the credit exceeds the
amount of the impact fees due on the development, a reimbursement agreement with the
� --chment 4
Resolution No. (2010 Series)
Page 4
applicant shall be offered. The reimbursement amount shall not include the portion of the
improvement needed to provide services or mitigate the need for the facility or the burdens
created by the development.
SECTION H. LIMITED USE OF FEES
The revenues raised by payment of these fees shall be placed in a separate account along
with any interest earnings on that account, and shall be used solely to:
1. Pay for the design and construction, including construction management, of
improvements set forth in Exhibit B, or to reimburse the City for funds advanced from other
sources to pay for said design and construction.
2. Reimburse developers who have been required or permitted to install portions of
said facilities or improvements.
SECTION I. FEE ADJUSTMENTS
1. Each development is independent and no reductions to impact fees will be
transferable to another development nor will an excess be refunded.
2. Any person whose new development is subject to these impact fees may appeal to
the Council for a reduction or adjustment of those fees, or a waiver of those fees, based on the
absence of any reasonable relationship between the impacts of that new development and either
the amount of the fees or the type of facilities or improvements funded by the fees. The appeal
shall be made in writing and filed with the City Clerk, together with any required appeal fee,
within ten(10) days following notification that the fee is to be imposed. The appeal shall state in
detail the factual basis for the claim of waiver, reduction or adjustment. The Council shall
consider the appeal at an appeal hearing to be held within sixty (60) days after the filing of the
appeal. The hearing may be continued from time to time. The decision of the Council on the
appeal shall be final. If a reduction, adjustment or waiver is granted, any change in the permitted
type or intensity of land use within the approved development project shall invalidate the
reduction, adjustment or waiver of the fee.
SECTION J. UNEXPENDED IMPACT FEE REVENUES
1. Notwithstanding Section C.2, whenever any impact fee, or portion of an impact
fee, remains unexpended or uncommitted five (5) or more years after payment of the fee, the
Council shall make findings once each fiscal year with respect to the unexpended amount. The
Council shall identify the purpose for which the fee is to be used, and demonstrate a reasonable
relationship between the fee and the purpose for which it was charged. The findings required by
this section need he made only for monies in the possession of the City, and need not be made
with respect to any letters of credit, bonds or other items given to secure payment of the fee at a.
future date.
Resolution No. (20 10 Series) Qac' i i? 8 n 4
Page 5
2. The City shall refund to the then-current owner or owners of the new development
project or projects, on a prorated basis, the unexpended or uncommitted portion of the impact
fees for which need cannot be demonstrated pursuant to this section. The City may refund the
unexpended or uncommitted revenue by direct payment, by providing a temporary suspension of
impact fees or by any other means consistent with the intent of this section. The determination of
the means by which those fees are to be refunded is a legislative act.
3. If the Council determines that the administrative costs of refunding unexpended
or uncommitted impact fees pursuant to this section exceed the amount to be refunded, the
Council, after a public hearing, notice of which has been published pursuant to Section 6061 of
the California Government Code and posted in three prominent places within the area of the new
development project, may determine that the said fees shall be allocated for some other purpose
for which impact fees are collected and which serves the new development project on which the
fees were originally imposed.
SECTION K SEPARATE ACCOUNTS
The Director will deposit fees collected under this resolution in separate accounts as
required by Government Code Section 66006. Within 180 days of the close of each fiscal year,
the Director will make available to the public an accounting of these fees, and the Council shall
review that information at its next regular public meeting.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted on September 21, 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO F
hristine Dietrick, City Attorney t�
I� H q —'—C
Attachment 4
EXHIBIT A
ORCUTT AREA DEVELOPMENT IMPACT FEES
Transportation Improvements, Park Improvements and Plan Preparation
Effective September 21, 2010
Orcutt Area-Specific Fees
Transportation Park and trail Plan Total fees excluding
Improvements Improvements/ Preparation(EIR City-Wide impact fees
parkland and Specific Plan)
Per Unit
Single-Family Residential $5217 $11963 $737 $17,917
Multi-Family Residential $3644 $8803 $2761$121723
5
City Council Resolution No. (2010 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION INITIATE PROCEEDINGS FOR THE ANNEXATION OF
APPROXIMATELY 230 ACRES OF LAND IN THE ORCUTT AREA,AND
ADOPTING A NEGATIVE DECLARATION FOR THE PROJECT
ANNX/ER 81-10
WHEREAS, 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, on September 21,
2010, for the purpose of considering Planning Application AANX/ER 81-10,.a project to annex the
Orcutt area in its entirety; and
WHEREAS, the Orcutt Area Specific Plan was adopted by the City Council on March 2,
2010, satisfying the requirements of General Plan Land Use Element policy 2.3.1, which requires
adoption of a specific plan prior to annexation; and
WHEREAS, the proposed annexation is necessary for the City to implement the adopted
specific plan; and
WHEREAS, the City Council considered the Initial Study and Negative Declaration of
Environmental Impact (ER 81-10) for the project, and determined that the document adequately
addresses the potential environmental effects of the proposed annexation; and
WHEREAS, the City Council desires to initiate annexation proceedings pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000; and
WHEREAS, notice of intent to adopt this resolution of intention has been given; and
WHEREAS, the proposed annexation is consistent with the adopted Sphere of Influence for
the City of San Luis Obispo; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings:
1. Annexation of land in the Orcutt Area will promote the public health, safety and welfare by
ensuring that all new development complies with the comprehensive land use plan and property
development standards established in the Orcutt Area Specific Plan.
2. The proposed annexation includes the entire Orcutt Area as a single phase annexation, which
PCity a a 2ouncil Resolution No. (20 10! :s) Attac i 1 i 'c:i 1 t j
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:7
will facilitate and help to ensure orderly development.
3. The proposed annexation of land in the Orcutt Area is consistent with Housing Element Policy
6.17, which says that the City will actively pursue annexation prior to December 2010.
4. The proposed Negative Declaration for the project adequately addresses the environmental
impacts of the project because annexation does not create any environmental effects that are
different from those identified in the Final EIR for the Orcutt Area Specific Plan.
Section 2. Environmental Review. The City Council does hereby adopt a Negative
Declaration for the project.
Section 3. Action. The City Council does hereby request the Local Agency Formation
Commission initiate proceedings to annex the approximately 230 acres of land in the Orcutt Area as
identified and incorporated herein by reference in Exhibit A.
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 , 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO FORM:
&hristine Dietrick, City Attorney
G:\CD-PLAN\PdunsmoreU.R\OASP Annex\cc wmx reso 9-21.doc
City Council Resolution No. (2010 s) AftaC
Page 3 hment 5
Exhibit A
Orcutt Area Annexation
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Attachment 6
DRAFT ORDINANCE NO. (2010 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING
PRE-ZONING FOR LAND WITHIN THE ORCUTT AREA, CONSISTENT
WITH THE ORCUTT AREA SPECIFIC PLAN
ANNX/ER 81-10 (Citywide)
WHEREAS, 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, on
September 21, 2010, for the purpose of considering Planning Application ANNX/ER 81-10, a
project to annex the Orcutt Area, consistent with the Orcutt Area Specific Plan; and
WHEREAS, 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, on March 2,
2010, and adopted the Orcutt Area Specific Plan(GASP) and a Final EIR for the project., and
WHEREAS, on December 10, 2009 the Planning Commission considered and
recommended the City Council adopt the pre-zoning of the Orcutt Area Specific Plan; and
WHEREAS, pre-zoning this land is a necessary component of the annexation process;
and
WHEREAS, the City Council considered the Initial Study and Negative Declaration of
Environmental Impact (ER 81-10) for the project, and determined that the document adequately
addresses the potential environmental effects of the proposed project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Environmental Review. The City Council does hereby adopt a Negative
Declaration for the project.
Section 2. Action. The City Council does hereby approve pre-zoning to apply to land
within the Orcutt Area as shown in Exhibit A.
Section 3. Summary. A summary of this ordinance, approved by the City Attorney,
together with the names of the Council members voting for and against it, shall be published at
least five days prior to its final passage, in the Tribune, a newspaper published and circulated in
this City. This ordinance will go into effect at the expiration of thirty (30) days after its final
passage.
p TT 7 "7 7
Attachment 6
Ordinance No. (20 10 Series)
ANNX 81-10 (Orcutt Area Pre-Zoning) Exhibit A
INTRODUCED on the 21st day of September, 2010, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the day of , 2010, on the
following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO FORM:
7hristine Dietrick, City Attomey
GACD-PLAN\Pdunsmore\L.R\OASP Armex\cc ord(annx8l-1 0).doc
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Attachment 6
Ordinance No. (2010 Series)
ANNX 81-10 (Orcutt Area Pre-Zoning) Exhibit A
Orcutt Area Annexation
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