Loading...
HomeMy WebLinkAbout02-05-2013 pc vujovich-labarreRECEIVE D FEB 0 5 201 3 SLO CITY CLER K COUNCIL MEETING :02 6 ITEM NO.:P~ Dear Mayor Marx and Esteemed City Council Members , In September 2012, I spoke at the San Luis Obispo City Council meeting in regard t o the preliminary draft EIR for Chevron's remediation of the Tank Farm Road area . Since that time, other concerned community members and I have had a meeting an d personal tour of the toxic Tank Farm Road site with Bill Almas of Chevron, a meetin g with Phil Dunsmore of the SLO Planning Department, another fact finding meetin g with Community Planner Derek Johnson , City Attorney, Christine Dietrick and yo u Mayor .Marx. In addition, with another concerned resident, I have also met wit h Brandon Sanderson a local representative for the State agency who is an expert o n the California Environmental Quality Act (CEQA). Request and rationale for Supplemental EIR's of the Damon-Garcia Sport s Fields and the Margarita Area and Airport Area Specific Plan s After all of the meetings and correspondence, I have come to the conclusion that a supplemental EIR should be done on the Damon-Garcia Sports Fields property t o focus on the Northern Alignment and consider other viable alternatives given th e pending Chevron remediation . In addition, another supplemental EIR should b e executed on the Margarita Area Specific Plan and the Airport Area Specific Plan . The request for the Damon-Garcia Sports Field property is based on the fact that a s you can see from the highlighted area on the original resolution (Attachment A) tha t the area was exempt from an EIR due to the fact that it was deemed to be land tha t was to be used for open space and recreation only . You may also revisit a previou s letter from past City employee Wendy George that states that an EIR has never bee n done on the property in the packet from my correspondence to you on Novembe r 10, 2012 . (Attachment B in letter/packet sent "November 10, 2012") A supplemental EIR for the Margarita Area and Airport Area Specific Plan is als o necessary due to the outdated, inadequate data in the original EIR for the area an d the pending Chevron remediation . After our meeting with City Planner Phi l Dunsmore, it is clear that the traffic data in Section 3d of the Margarita Area an d •Airport Area Specific Plan is not sufficient or complete . Several positive alternative s will become obvious when people take the time to study the possibilities sinc e nearly 10 years has passed and the plans for the Chevron remediation are pending . • February 5, 201 3 Mayor Jan Marx and San Luis Obispo City Council Member s City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, California 93401 1 The alternatives that will come to light will not only involve an enhanced circulatio n element for vehicles but it will also provide the City leaders an opportunity to loo k at Class 1 bike lanes and improved pedestrian areas for constituents . These supplemental EIR's will dovetail nicely with our new City priorities . Ultimately, as I have indicated before, I am still hoping for a comprehensive EIR o f Prado Road since it has appeared in our City documents since 1960 . The East-Wes t connection from Broad Street to Madonna may physically and fiscally be viable, o r not. The proposed 4-lane truck route with roundabouts currently appears in th e Damon-Garcia Sports Fields City Plan, the Margarita Area/Airport Area Specifi c Plan, the Dalidio Area and Chevron's preliminary plan . Prado Road currently has a one-lane exit and entrance onto Highway 101 - northbound only . The entire length of Prado Road still appears to me to be piecemealed or illegally segmented into ou r City's master plan, rather than planned and executed appropriately and wit h transparency . Concerns for Draft EIR for Chevron/Tank Farm Road Remediatio n In regard to the long-awaited Draft EIR for the Chevron remediation, as much as I enjoyed the specialized tour with Chevron employees in November, seyeral othe r constituents and I are awaiting the Draft EIR of the Tank Farm Road area fro m Chevron . Meanwhile, I remain perplexed about some comments that were made b y Community Director Derek Johnson at our meeting with City Attorney Christin e Dietrick and you Mayor Marx in December . Derek Johnson indicated that the 800,000 square foot commercial building slated t o be at Santa Fe and Tank Farm on the Chevron property is for the most par t approved . I still maintain that a building nine times the size of our Count y Government Center is too large for that intersection . It was also unclear to me as a layperson how the building can be approved when the Draft EIR has not even bee n submitted yet by Chevron to the City. In addition, I have also put forth in other documents that the recreation are a proposed for the 13-acres of the remediated Chevron land should be moved close r to the Damon-Garcia Sports Fields area to create a "Central Park like" feeling for Cit y athletes and constituents alike . Los Osos Valley Road and the Homeless Populatio n My formal requests come at a time when the Council has made the Los Osos Valle y Road interchange and accommodating and serving our homeless population in an d around Prado Road top priorities . The Los Osos Valley Road interchange will undoubtedly provide an improved East - West connection if a few small details are adhered to . As I have indicated in past correspondence, I hope that the Los Osos Valley Roa d northbound exit can be directed to two different ways to the East . One should go 2 •directly to a widened Tank Farm Road tangent to the existing agricultural land tha t is at the corner of LOVR and 101 . This measure would save a majority of the Lo s Verdes Park area from turmoil and increased traffic snarls at Los Osos Valley Roa d and South Higuera . The other thoroughfare to the East would provide an option earlier on the Los Oso s Valley Road off ramp that would direct crosstown traffic to Buckley so .that it coul d be used as the perimeter road for traffic circulation in town . This would prevent th e awkward fish hook turn currently at Vachell Lane to access Buckley Road . In regard to the homeless population, a comprehensive EIR of Prado Road wil l indicate how constituents who are without vehicles may also be served by thi s proposed road . It may also show how the road may impact or support the futur e homeless services in the area including the enhanced shelter on Prado Road o r South Higuera . In closing, although the hardworking Land Use and Circulation Elemen t (LUCE) Committee may endorse my previous written and verbal plea for a comprehensive E1R of Prado Road from Broad Street to Madonna Road,I thank you for considering these requests now for immediate supplementa l EIR's for both the Damon-Garcia Sports Fields and the Margarita Area an d Airport Area Specific Plan . I also appreciate your consideration of my othe r input on current matters facing the City. I am hoping that you take the initiative now to request supplemental EIR's of th e smaller portions of Prado Road to best plan for our City's growth and maximize ou r City's physical and fiscal resources . S erely /(~N)i~-lam rt-e -la Vu' vich-La Barr e 6 Skyline Drive San Luis Obispo, California 9340 5 Mobile :805-441-5818 3 Attachment A r RESOLUTION NO . (1999 Series) • 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISP O APPROVING A PURCHASE AND SALES AGREEMENT WITH THE TRUSTEES O F THE DAMON FAMILY TRUST AND THE CO-TRUSTEES OF THE ROY A GARCI A REVOCABLE TRUST FOR THE ACQUIETIION OF 23 .5 ACRES OF THE DAMON- GARCIA RANCH, AT A COST OF $2,000,000, FOR THE PURPOSE OF CONSTRUCTING SPORTS FIELD S WHEREAS,the City of San this Obispo (City) is a California Charts'Municipal corporation ; and WHEREAS, the City . acting through its City Council, has determined that a 23 .5 acre portion of the Damon-Garcia Ranch in the City is an appropriate site on which to coastrnc t sports fields; and VQBEREAS, additional sports fields is a commmmity need, identified in the Parks an d Recreation Element/Master Plan approved by the City Council in 1997; and WHEREAS, the Trustees of the Damon Family Trust and the Co-Trustees of the Ro y A.Garcia Revocable Trust, the legal owners of this property, have agreed to its sale;and WHEREAS, the purchase of this property would serve an important municipal purpose. NOW,THEREFORE,BE IT RESOLVED that the City Councsl.of the City of San Luis Obispo hereby approves this purrt+ase and sales agreement and the conditions described therein. BE IT FURTHER RESOLVED that the Council finds this purchase is exempt unde r Section 15325 of the California Environmental Quality Act . BE IT FURTHER RESOLVED that the Mayor is anthnrirM to sign the Purchase an d Sales Agtxment Upon motion of ,seconded by , and on the foliowiag roll call vote : AYES : NOES: ABSENT : the foregoing resolution was passed and adopted this day of 1999 . Resolution No .(1999 Series) Page 2 ATTEST: Lee Price, City Clerk 9 Mayo( Allen Settle APPROVED AS TO FORM : ATTACHMENT 2 RECOMMENDED CEQA STATEMENT/ACTIONS AND FINDINGS FO R STAFF REPORTS/ASR s A.CEQA COMPLIANCE STATEMENT (FOR TEXT OF STAFF REPORT/ASR): The CEQA compliance statement, located in the text of the staff report or body of the AS R under "Additional Data", shall include the following statement unless advised otherwise b y County Counsel or the Manager, Land Use Planning (LUPD). In accordance with CEQA Guidelines, Sections 15316, 15318 and 15325, Class 1 6 (Transfer of Ownership of Land in Order to create Parks) Class 18 (Designation o f Wilderness Areas) and Class 25 (Transfers of Ownership of Interest in Land t o Preserve Existing Natural Conditions), the proposed project is exempt from th e provisions of CEQA, which reflects the independent judgment of the lead agency , Orange County, and satisfies the requirements of CEQA . The project is exemp t because it involves transfers of ownership of land for open space purposes an d preservation of natural conditions . B.RECOMMENDED ACTION STATEMENT FOR APPROVING PROJECT : State law requires that the decision-maker, prior to approval of the project for which it ha s been prepared, take action on a CEQA document . The following action must be taken before action on the project, unless directed otherwise by County Counsel or the Manager, O C Planning, LUPD . 1.Find that the proposed project is Categorically Exempt from CEQA per Section s 15316,15318 and 15325 ; Class 16 (Transfer of Ownership of Land in Order to create Parks)Class 18 (Designation of Wilderness Areas)and Class 25 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions)of the CEQ A Guideline,. Note that the following finding is an administrative finding and it is not necessary to includ e in the findings for the decision-maker: FISH AND GAME CODE FINDING FOR APPROVAL OF PROJECT : Find that pursuant to Section 711 .4 of the California Fish and Game Code, as amended , this project is not exempt from the required California Department of Fish and Gam e (DFG) Code fees unless it has been determined by DFG to have "No Effect". A copy of th e written determination of "No Effect" must accompany this NOE form to exempt th e required fees . • ENVIRONMENTAL REVIE W OBJECTIVES, CRITERIA AND PROCEDURE S Adopted April 17, 200 7 INTRODUCTIO N Pursuant-to Section 21082 of the Public Resources Code and Section 15022 of the California- Code o f Administration concerning public agency responsibility for implementation of the Californi aEnvironmental Quality Act (Public Resources Code § §21000 et seq .,or "CEQA"), all public agencie s must adopt objectives, criteria and specific procedures for implementing CEQA and its implementin gregulations (California Code of Administration §§ 15000 et seq,the CEQA "Guidelines".). The following objectives, criteria and procedures have been adopted by the Ocean Protection Council i n order to direct staff reviewing projects for their environmental effects, and in order to comply wit hSection 15022 of the Guidelines . OBJECTIVES. CRITERIA AND PROCEDURE S 1 . The Council hereby adopts thcobjectives, criteria and procedures set forth in the State CEQ A Guidelines, California Code of Administration §§15000 et seq.,which are incorporated herein b yreference. 2. Pursuant to §35626 of the Public Resources Code, the Executive Officer of the State Coasta l Conservancy acts as secretary to the Council and provides the staff services that the Council needs t ocarry out the Ocean Protection Act, Division 26 .5 of the Public Resources Code . In implementing these objectives, criteria and procedures, the following responsibilities are hereby delegated to th e Conservancy's Executive Officer and staff: a.determination of whether a project is exemp t b.conduct of initial studie s c.preparation of negative declarations or environmental impact report s d.analysis and preparation of responses to public comment s e.certification that the Council has reviewed and considered an EIR or negative declaratio n f.providing comments on environmental documents submitted to the Council for revie w g.filing of all notices and documents which may be required by CEQA or the Guidelines h.establishment of timelines for performing functions, such as public comment, under CEQA . 3 . Those activities of the Council that have no possibility of significantly affecting the environment shal linclude ministerial and purely administrative activities ; the sponsorship of conferences, symposia an d other public fora seeking public advice in establishing ocean protection priorities, policies, and actions ;coordination of activities undertaken by other state agencies related to ocean resources ; and the identification and recommendation of changes in law, policy and other actions to be taken by others ; o r hall otherwise be determined by the staff on a project-by-project basis . The staff shall evaluate suc hSctivities by referring to recognized texts, the Guidelines, and by consultation with staff of th e Resources Agency . 4 . Activities which may at times be undertaken or approved by the Council and which may be found t o be statutorily or categorically exempt from CEQA are listed below along with the Guidelines sectio n and class which applies . a.Feasibility and planning studies (data collection, research, development of monitoring - protocols and systems, improving management and conservation of coastal waters and ocea n ecosystems): Section 15262 ; Section 15306, Class 6 (Information Collection). b.Protecting, conserving and restoring, and eliminating or reducing threats to coastal and ocea n ecosystems, habitats and species ;:Section 15301, Class 1 (Existing Facilities); Section 15302 , Class 2 (Replacement or Reconstruction); Section 15303, Class 3 (New Construction or Conversion of Small Structures); Section 15304, Class 4 (Minor Alterations to Land); Section 15313, Class 13 (Acquisition of Lands for Wildlife Conservation Purposes); Section 15317, Class 17 (Open Space Contracts or Easements); Section 15325, Class 25 (Transfers of Land t o Preserve Existing Natural Conditions); Section 15333, Class 33 (Small Habitat Restoratio n Projects). c.Fostering sustainable fisheries :Section -15262 ;Section-15301, Class-1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); Section 15303, Class 3 (Ne w Construction or Conversion of Small Structures); Section 15304, Class 4 (Minor Alterations t o Land); Section 15306, Class 6 (Information Collection); Section 15322, Class 22 (Educational o f Training Programs Involving No Physical Changes); Section 15333, Class 33 (Small Habitat Restoration Projects). d.Improving coastal water quality and addressing contamination :Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); Section 15304, Class 4 (Minor Alterations to Land); Section 15313, Class 13 (Acquisition of Lands for Wildlif eConservation Purposes); Section 15317, Class 17 (Open Space Contracts or Easements); Section 15325, Class 25 (Transfers of Land to Preserve Existing Natural Conditions); Section 15333 , Class 33 (Small Habitat Restoration Projects). e.Increasing public access to ocean and coastal resources :Section 15301, Class 1 (Existin g Facilities); Section 15302, Class 2 (Replacement or Reconstruction); Section 15303, Class 3 (New Construction or Conversion of Small Structures); Section 15304, Class 4 (Mino r Alterations to Land); Section 15311, Class 11 (Accessory Structures); Section 15313, Class 1 3 (Acquisition of Lands for Wildlife Conservation Purposes); Section 15316, Class 16 (Transfers of Land to Create Parks); Section 15323, Class 23 (Normal Operations of Facilities for Publi c Gatherings); Section 15325, Class 25 (Transfers of Land to Preserve Existing Natura l Conditions). f.Acquisition, installation and initiation of monitoring and enforcement systems, vessels , equipment, and other rights and property :Section 15301, Class 1 (Existing Facilities); Section 15302, Class 2 (Replacement or Reconstruction); Section 15303, Class 3 (New Construction o r Conversion of Small Structures); Section 15304, Class 4 (Minor Alterations to Land); Section 15306, Class 6 (Information Collection); Section 15309, Class 9 (Inspections); Section 15311 , 40 Class li (Accessory Structures); Section 15313, Class 13 (Acquisition of Lands -forWildlife — Purposes); Section 15317, Class 17 (Open Space Contracts or Easements); Section 15325, Class 25 (Transfers of Land to Preserve Existing Natural Conditions). . Initial studies shall be conducted by using quail ~e sta o t e Conservancy or o er pu encies , and/or by experienced consultants . A checklist or matrix providing at least as much information as i s contained in appendices of the Guidelines shall be used as the basis of initial studies prepared for th e Council . 6.Environmental impact reports (EIRs) shall be prepared in accordance with the requ irements of th e Guidelines by qualified staff of the Conservancy, other public agencies, or private consultants wit h expertise in this area . 7.Negative declarations shall be prepared by staff of the Conservancy or other lead agency, generall y following the format Iisted in the Guidelines . 8.Staff charged with the preparation of EIRs and negative declarations shall consult with and obtai n comments from other public agencies and from members of the public as specified in the Guidelines . 9.Staff shall provide copies of negative declarations or EIRs to other agencies and to the public a s required or requested . Responsible agencies and the public shall have at least as long a period a s specified in the Guidelines to review environmental documents before they are presented to the Counci l for certification or adoption, or before the Council considers approval of a project for which it is a responsible agencyunder_ CEQA . 10.After preparation and/or review of an EIR or negative declaration by the Conservancy staff othe r agencies and the public, the Council should have at least fifteen days before the next regularly schedule d ouncil meeting before being requested to make a decision on its adequacy, adopt it, or certify it, o r fore the Council is requested to approve a project for which the document has been prepared . 11.Where the Council is a responsible agency under the Guidelines, staff shall provide comments o n environmental documentation prepared by the lead agency within the time limits specified in th e Guidelines or by the governmental entity requesting review. 12.The Executive Officer of the Conservancy and Secretary to the Council shall designate specific staff members of the Conservancy to undertake environmental review functions on particular projects, on a project-by-project basis . 13.Before approving any project or authorizing any expenditure from the California Ocean Protectio n Trust Fund, the Council shall adhere to the procedures outlined in CEQA and the Guidelines . 14.Projects that the Council determines to be of high priority for ocean conservation but which ar e funded and/or implemented by the Conservancy or other agencies shall be approved by the funding o r implementing agency in accordance with the procedures outlined in CEQA and the Guidelines .