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HomeMy WebLinkAbout10/11/1972Roll Call Present City Staff MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA OCTOBER 11, 1972 - 12:10 P. M. City Hall Emmons Blake, Joh C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; A. J. Shaw, City Attorney; D. F. Romero, City Engineer; R. D. Young, Planning Director; PLANNING COMMISSION MEMBERS: Marvin Dee, Andrew Merriam 1. Andrew Merriam, Planning Commissioner, presented to the City Council the procedures adopted by the Planning Commission on Tuesday, October 10, 1972. It was the opinion of the Planning Commission that the adopted procedures would allow the City to process applications for development in an expedient manner and at the same time provide for the necessary environmental safeguards as required by State law and recent court decisions. The Planning Commission recommended that the City Council adopt a resolution approving these procedures and that these procedures become effective immediately. Commissioner Merriam reviewed the recommended procedure with the City Council, which read as follows: SEE EXHIBIT "A" ATTACHED. Marvin Dee, Planning Commission Chairman, stated that the Planning Commission had.adopted these procedures in order not to hold up building or development in the community. He hoepd the City Council would support these interim measures with the Planning Commission to continue to study and streamline the procedures to eliminate as much bottleneck as possible to builders and developers in the City. Commissioner Merriam stated that the Planning Commission will be asking the City Council for additional staffing for the Planning Office, so that the environmental impact studies and reports can be moved rapidly through the permit procedures. He continued that two to four projects a day are processed through the Building and Planning Office and no one is available to review the appl- ications for permits and the Environmental Impact Reports. The additional staff requested could be either a full time employee or a part time consultant. Mr. Merriam also stated that the Planning Commission is also reviewing all their own procedures to comply with the State law and court decision on Environmental Impact studies. The City Council discussed with the Planning Commission Representatives, their recommendations as to procedures established for preparation and submission of environmental impact reports to the City of San Luis Obispo. On motion of Councilman Gurnee, seconded by Councilman Graham, the following resolution was introduced: RESOLUTION NO. 2375 (1972 Series), a resolution of the Council of the City of San Luis Obispo approving the procedure adopted by the Planning Commission fo requiring preparation and evaluation of environmental impact reports. Passed and adopted on the following roll call vote: AYES: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: None City Council Minutes October 11, 1972 Page 2 22. Continued from October 4, 1972. On motion of Councilman Blake, seconded by Councilman Gurnee, the request of the Park Department for premission to call for bids for Street Tree Planting in Tract No. 400 was approved, and call for bids authorized. Motion carried. 25. The City Council reviewed the Resolution being proposed for consideration at the Annual League of California Cities Conference, for guidance of the City's official delegates. 26. The City Council adjourned to executive session. The meeting adjourned to Tuesday, October 24, 1972 at 7:30 P. M., on motion of Councilman Blake, seconded by Councilman Graham. Motion carried. APPROVED: H. ZPATRICK, CITY CLERK M I NUTES SPECIAL JOINT MEETING WHALE ROCK CO[AMISSION /CITY COUNCIL October 11, 1972 - 2:00 P. M. . City Hall Poll Cal I 1 Present: Emmons Blake, John C. Brown, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Whale Rock Commission Present: Harold , °lilson, 1,111111am Ovesen, J. H. Fitzpatrick, Richard D. Miller, Kenneth E. Schwartz Absent: Dean Miller City Staff Present: R. A. Paul, Director of Water Services; A. H. Shaw, City Attorney; 14. WooIpert, Attorney ---------------------------------------------------------------------- 1. The City Council and Whale Rock Commission met in executive session to discuss the on -going court trial with their respective legal counsel. Councilman Blake left the meeting at 2:45 P. On motion of R. D. Miller, seconded by J. H. Fitzpatrick, that the Whale Rock Commission would agree to consider a plan from a responsible governmental agency to operate and finance the fishing program at Whale Pock Reservoir. [Action carried with Dean Miller absent. On motion of Councilman Graham, seconded by Councilman Brown, that the City of San Luis Obispo does not wish to operate or to finance a fishing program at Whale Pock Reservoir. [Action carried unanimously with Councilman Blake absent. The meeting adjourned at 3:00 P. M. APPROVED: J ATRICK, CITY CLERK City Council Minutes October 11, 1972 INTERICf PROCEDURES FOR DETERMINING THE NECESSITY FOR AN ENVIRONWENTAL IMPACT ' REPORT: The staff shall review all projects, including building permits, grading permits, subdivisions, use permits, and planned developments to determine if proposed project falls within the following: Category I: Those projects which would not have a significant impact upon the environment. A list of said projects shall be adopted by the Planning Commission. (See attachment A) Category II: Those projects which may or may not have a significant impact upon the environment and which are not listed in Category I. CATEGORY I: when a proposed project falls within Category I, it may be determined by the staff to have an insignificant impact and required permits may be issued pursuant to standard City procedures. CATEGORY II: a. when a proposed project falls within Category II, the staff shall review t the proposal to determine whether or not it may have a significant effect on the environment. If necessary, the staff may consult with one or more persons with a demonstrated expertise in ecological and environmental matters, to be selected from a list of at least ten (10) such persons previously approved.by the Planning Commission. Upon completion of its review, the staff shall forward all available infor- mation concerning the proposed project to the Planning Commission, together with the staff's opinion as to whether or not the project will have a signifi- cant effect on the environment. b. Upon receiving the above information, the Planning Commission shall make the final determination as to whether or not the project may have a significant effect on the environment. if it finds that such an effect may result, the Commission shall order the preparation of an environmental impact report. 1 1 October 100 1972 C w k i S eo MAN CITY COUNCIL POLICY October 11, 1972 Attachment A PROJECTS CLASSIFIED AS CATEGORY I: 1. External and internal alterations of existing buildings, providing they are not in conflict with existing City codes or ordinances or buildings of historical significance. 2. All demolition work except as noted in 1 above. 3. Moving of buildings in conformity with existing City codes and ordinances. 4. Al2 additions to existing buildings requiring no variance to planning ordinances or building codes. 5. All swimming pools. *6. Any new conforming individual residence or housing and apartment complex not exceeding twenty (20) units. *7. New commercial and industrial buildings not requiring variances in planning or building ordinances within existing commercial and industrial zones. *8. All grading not exceeding 5,000 cubic yards (within ten (10) years) and cuts, slopes or fills not exceeding five (5) feet as defined under present ' excavation and grading ordinances. 9. Lot splits which can comply with existing grading standards. 1 10. Construction, erection, and moving of signs. *Items 6, 7 6 8 shall not be applicable to projects involving hillside, creek - side, lakeside, or flood plain lands or buildings of historical significance. October 10, 1972 la INTERIM PROCEDURE FOR PREPARATION AND REVIEW OF ENVIRONMENTAL IMPACT REPORT: Environmental impact reports shall be prepared by the Dept, of Planning and Building in accordance with the following procedures: A. Upon determination that an environmental impact report is required, the developer shall submit a written environmental impact report for the proposed project within a time period to be specified by the Director of Planning & Building. I. Environmental impact report to be submitted by the developer shall contain the following statements: a. The environmental impact of the proposed action. b. Any adverse environmental effects which cannot be avoided if the proposal is implemented. c. Mitigation measures proposed to minimize the impact. d. Alternatives to the proposed action. e. The relationship between local short term uses of man's environ- ment and the maintenance and enhancement of long term productivity. f. Any irreversible environmental changes which would be involved in the proposed action should it be implemented. g. The growth inducing impact of the proposed action. h. The boundaries of the area which may be significantly affected by the proposed action. Note: For guidelines in preparing the report, the developer may use Part C of report entitled Interim Guidelines for the Preparation and Evaluation of Environment Impact Statement under the California Quality Act of 1970 (see Attachment B). B. The Director of Planning and Building shall give public notice in a news - paper.of general circulation of the City that-an environmental impact report is being prepared for a specific project. Said notice shall invite any interested members of the public to subrsit written statements regarding the proposed project. Said notice shall also include (1) name of project and its location (map), (2) description of proposed develop- ment, (3) final date for accepting impact statements or other public inputs. C. Upon receipt of environmental impact statement from developer and public statements, the Director of Planning & Building, in consultation with other departments and agencies, shall prepare a final report and recom- mendation and shall schedule the matter for public hearing at least fifteen (15) days after completion of the report. A copy of the report shall remain on file in the office of Planning & Building for public review preceding the public hearing to consider said report. D. The Planning Commission, at a regularly scheduled public hearinq, shall review the proposed project and environmental impact report and consider it in conjunction with the original application. October 10, 1972 2 Attachment B PART C - CONTENT OF ENVIRONMENTAL IMPACT REPORT: SECTION 1 - NOTICE OF INTENT FORM See Appendix D SECTION 2 - PROJECT DESCRIPTION A. Name of the project and its location (city and county or counties).) The precise location and boundaries of the proposed project must be shown on a detailed map included in the EIR. A 7 112 minute USGS Topographic Quadrangle Map* or portion thereof is the most desirable, where available. The map included, if not a USGS Topographical Map, must include at a minimum, either the section, range and township coordinates or longitude and latitude coordinates accurate to one (1) minute. The location of the project must also appear on a regional map, with significant-environmental areas and landmarks indicated in relation to the project areas. Be A statement of the objectives souorht by the proposed project. C. A general description of the project's physical (technical) and socio- economic characteristics. This statement should be a description of the project which considers the full range of values to be derived as well as a discussion of the principal engineering proposals. The discussion, however, should not be padded with unnecessary description but should include only detail as needed for evaluation and review of environmental impact. Appendix I can be used as a guide in preparing this description. D. Any Army Corp or other governmental agency public notice or permit number applicable with dates. SECTION 3.- ENVIRONMENTAL SETTING The description of the environmental setting should be of the setting without (before) the project. Discussion should include the immediate areas of the project and the regional aspects of the environment which surrounds the project area. Knowledge of the regional setting is critical to the assessment of environ- mental impacts. Legal, policy and institutional constraints relevant to the project area should be identified. The environment of the project should be described in terms of its natural (physical and biological) and socioeconomic setting, with special emphasis on those rare and unique aspects, both good and bad, that might not be common to other similar regions. The discussion should provide sufficient information to permit an independent evaluation of the environmental factors which could be affected by the proposed project such as the plant and animal communities to be associated with the project area. Specific reference to other related project activities, both public and private, in the region should also be included. Appendix K can be used as a guide in preparing this section. ' *USGS Topographical maps can usually be obtained at local map dealers, engineering supply stores and sporting goods stores. All USGS maps can be obtained at the following locations: (1) USGS Topographic Division, Pacific Region Office, 345 Middlefield Road, Menlo Park, Calif.; (2) 504 Custom House, 555 Battery Street, San Francisco, Calif.; (3) 7638 Federal Bldg., 300 North Los Angeles Street, Los Angeles, Calif.; (4) Distribution Section, US Geological Survey, Federal Center, Denver, Co. -2I= SECTION 4 - ENVIP.ONMENTAL IMPACT STATEMENTS All phases of a project must be considered when evaluating the impact of the project on the environment] planning, acquisition, development and the operat- ional effects during the life of the project. Action as used below and in Section 21100 of CEQA refers to those general and specific activities necessary to carry out or complete a project. A, The Environmental Impact of the Proposed Action Describe the primary and secondary environmental impacts, both beneficial and adverse, anticipated from the project. The scope of the description shall include both short and long term impacts. It shall include specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced by the proposed project in population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resource base such as water, scenic quality and public services. Both quantitative and qualitative information should be included (e.g:, acres of habitat, numbers of ducks resting and the scenic value of a water- fowl habitat). Quantitative data should be included but not over emphasized to the expense of qualitative and subjective judgements, which are often more important. B. Any Adverse Environmental Effects Which Cannot be Avoided if the Proposal Is Implemented ' Describe the kinds and magnitude of significant impacts which cannot be reduced in severity or which can be reduced to an acceptable level but not eliminated. For those which cannot be reduced without considering an alter- native project or project design (Paragraph D below), their implications and the reasons why the project is being proposed, notwithstanding their effect, shall be described in detail. In particular, this analysis shall detail any aesthetically or culturally valuable surroundings, human health, standards of living, or environmental policies set forth in Sections 21000 and 21001 of the CEQA which would be sacrificed. Also, it shall describe the parties affected and any objection raised by them. C. Mitigation Measures Proposed to Minimize the Impact Describe where mitigation measures such as design or construction features have been included in the project to reduce significant environmental impacts to acceptable levels, and the basis for considering these levels acceptable. D. Alternatives to the Proposed Action Consider two kinds of alternatives; first, the alternative kinds of projects or locations of the same project, which have been considered or are under consideration, as possible means of attaining the stated o.'-jectives of the project. The specific alternative of no project must always be evaluated. Second, describe the alternative design or mitigation measures which could ' be incorporated into the project to further minimize any significant environ- mental impact (that have not been discussed under item C above), and the reason these have not been included. This examination should also include recommendations that consider "off site" alternative features or designs as they could affect the environmental impact of the proposed project. Include in this discussion alternatives capable of substantially reducing or eliminating any adverse impacts, even if these alternatives substantially reduce the project objectives. -22- E. The Relationship Between Local Short -Term uses of Man's Environment and the Maintenance and Enhancement of Long Term Productivity Describe the cumulative and long term effects of the proposed project which either significantly reduce or enhance the state of the environment from the perspective that each generation is trustee of the environment for future gererations. In particular, the desirability of the project shall be weighed to guard against short sighted foreclosure of future options or needs. Special attention shall be given to effects which narrow the range of beneficial uses of the environment or pose long term risks to health or safety. In addition, the reasons why the pro- posed action is believed by the sponsor to be justified now, rather than reserving a long term option for other alternatives, including no action, shall be explained. F. Any Irreversible Environmental Changes which would be Involved in the Proposed Action Should it be Implemented Describe the extent to which the proposed project curtails or expands the diversity and range of beneficial uses of the environment. uses of renew- able and non - renewable resources during the initial and continued phases of the action shall be specified. In this regard, construction and facility uses are basically irreversible since a large commitment of resources makes removal or non -use thereafter unlikely. Such primary impacts and, partic- ularly, secondary impacts (such as a highway improvement which provides access to a non - accessible area) generally commit future generations to similar uses. Also, irreversible damage can result from environmental accidents associated with the project. Any irretrievable significant commitments of resources shall be evaluated to assure that such current consumption is justified. G. The identity of all Federal, State or Local agencies and other organizations and private individuals consulted in preparing EIS's and the identity of persons, firm or agency preparing the report. with respect to water quality aspects of the proposed action which have been previously certified by the appropriate State or interstate organ- ization as being in substantial compliance with applicable water quality standards, reference to the previous certification is sufficient. SECTION 5 - AMENDMENTS Amendments shall summarize the comments and suggestions made by reviewing organizations and shall describe the disposition of issues surfaced (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, they shall address in detail the major issues raised when the sponsor's position is at variance with recommendations and objections (e.g., reasons why specific comments and suggestions could not be accepted, and factors of overriding importance prohibiting the incorporation of suggestions). Reviewers' statements should be set forth in a Comment and discussed in a Response. In addition, the source of all comments should be clearly identified. Amendments will be attached to the EIR before the EIR is submitted for administ- rative action to proceed with the proposed project. -23-