HomeMy WebLinkAboutItem 2 - GENP-0327-2017 (Zoning Regulations Amendments) (1)City of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
Meeting Dates: October 10, 2018
Item Number: #2
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PLANNING COMMISSION AGENDA REPORT
SUBJECT: Follow-up directional items from the City Council’s final approval of the Comprehensive
Update to the City’s Zoning Regulations (Title 17) of the Municipal Code.
PROJECT ADDRESS: City-wide BY: Doug Davidson, Deputy Director
Phone Number: (805) 781-7177
E-mail:ddavidson@slocity.org
FILE NUMBER: GENP-0327-2017
RECOMMENDATION
1)Recommend that the City Council adopt an Ordinance amending the newly adopted Update to the
Zoning Regulations
2)Recommend that the City Council adopt the Addendum to the Negative Declaration of
Environmental Impact
BACKGROUND
On June 27, 2018, the Planning Commission recommended to the City Council adoption of the Updated
Zoning Regulations, including the Initial Study/Negative Declaration of Environmental Impact. The
Commission made final minor edits to various sections and also recommended that the City Council
approve three additional Ordinances associated with the Update and implementing the Land Use and
Circulation Element (LUCE).
City Council Action September 18, 2018
On September 18, 2018, the City Council voted 5-0 to approve Ordinance No. 1650 (2018 Series) which
comprehensively updates the City’s Zoning Regulations, Title 17 of the City’s Municipal Code. The
Zoning Regulations Ordinance will become effective 30 days after its adoption.
City Council Action August 21, 2018
On August 21, 2018, the Council voted 5-0 to introduce Ordinance No. 1650 (2018 Series) and provided
direction to staff revise and review the following items to be brought back to Council after the Planning
Commission has provided a recommendation:
1)Tiny Homes – Reduce the maximum size from 450 sq. ft. to possibly 300 sq. ft. without counting
the loft) and require a Director’s Action for design review.
2)Accessory Dwelling Units (ADUs) Owner Occupancy Requirement – Consider excluding the
owner occupancy requirement for ADUs in the R-3 and R-4 zones
3)Accessory Dwelling Unit (ADU) Lot Coverage Requirement – Consider reducing the lot coverage
exemption for an ADU from 450 sq. ft. to 300 sq. ft. (consistent with the size of a Tiny Home).
4)Climate Action Plan (CAP) Electric Vehicle (EV) Parking – Further implement the (CAP) by
requiring installation of EV capable parking spaces in new developments or significant
remodels/additions.
5)Downtown Overlay Zone – Revise to require a Development Agreement (DA) for any project
proposing to take advantage of increased height (above 45 feet). The Council’s motion includ ed
the provision that additional workforce and affordable housing opportunities in the project be
incorporated into the DA.
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COUNCIL DIRECTIONAL ITEMS
Items that were identified through Council Agenda Correspondence for the Council on August 21st for
future amendments include; Tiny Homes, ADUs owner occupancy, ADU lot coverage exception, Climate
Action Plan implementation, and revisions to the Downtown Overlay. These items comprise the five
Council directional items for Planning Commission consideration.
Item #1 – Tiny Homes on Wheels
In response to community and Council interest in allowing tiny homes on wheels, staff has focused on how
regulations might be crafted to accommodate tiny homes on wheels in backyards of single-family homes
as a housing alternative. The critical issues for tiny homes on wheels revolve around how to address basic
health and public safety considerations: sewage connections/disposal, electric power/natural gas provision,
and potable water.
The Council considered these issues at the April, 2018 study session and gave direction for the concerns to
be addressed in a manner that could allow tiny homes on wheels to be established in the back yards of R-1
lots. New regulations were included in Article 4. On August 21, 2018, the Council received public
comments on Tiny Homes, most of which centered on concerns that 450 sq. ft. was too large as a maximum
size requirement. The discussion centered around 300-350 sq. ft. as a maximum and recognized the
importance of a loft in tiny home designs.
Language has been provided in Section 17.86.210 to reduce the maximum size from 450 sq. ft. to 300 sq.
ft. (without counting the loft) and requiring a Director’s action application, as an appealable decision. Staff
would also like to highlight the requirement under Section 17.86.210E.6b which requires a skirt to screen
the wheels of the tiny house from view. Staff recommends removing this requirement as it is counter to the
temporary nature of the tiny house as a vehicle and not as a permanent structure on the site. Section
17.86.210 has been amended to incorporate the changes per Council direction (definitions addressed in
Article 9 -17.158.044), as shown below;
Section 17.86.210 – Recreational Vehicles: Use as Dwelling; Parked on a Private Lot
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be considered
an additional type of accessory dwelling unit, allowed as an accessory use to single -unit residential
dwelling unit, consistent with Government Code, Section 65852.2, subdivision (g) which allows cities to
adopt less restrictive requirements than the State-mandated minimums for accessory dwelling units. A
moveable tiny house that meets the definition in this subsection may be built and occupied as a new detached
accessory dwelling unit, subject to the Director’s review and approval of a Director’s Action application
if it complies with the standards of this subsection.
1. Development Standards. Moveable tiny houses shall conform with the requirements for new detached
accessory dwelling units, including but not limited to setbacks, lot coverage, height, and other applicable
zoning requirements of the zone in which the site of the proposed moveable tiny house is located, except as
modified by this subsection.
a. Number. No parcel may be approved for more than one moveable tiny house in a 12-month period.
No parcel may contain more than one moveable tiny house at a time. No parcel may contain both
a moveable tiny house and a conventional accessory dwelling unit.
b. Time Limit. The approval of a movable tiny house through a Director’s Action shall automatically
expire after a 12-month period, unless a longer period is specified in the approval, or unless an
extension is granted by the Director. The Director may deny a time extension if the property is
determined to be out of compliance with the standards of this subsection.
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c. Maintenance. The site shall be maintained in a neat and orderly manner, as set forth in Chapter
17.76 (Property Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of the property screened from
view from any public right-of-way, as set forth in Section 17.76.100 (Screening).
e. b. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be
300450 square feet, as measured by exterior wall dimensions (lofts shall not be counted toward the
maximum square footage). The moveable tiny house shall have at least 100 square feet of first floor
interior living space.
f. c. Replacement Parking. Where a moveable tiny house occupies a required parking space, a
replacement parking space is required. A replacement parking space may be located in any
configuration on the same lot as the moveable tiny house, including but not limited to covered
spaces, uncovered spaces, or tandem spaces. Parking shall be permitted only in those locations
specified in these Zoning Regulations.
6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses shall meet
the following foundation requirements:
a. If the wheels are removed so the moveable tiny house sits on a foundation, and the foundation shall
follow the state approved requirements for foundation systems for manufactured housing;
b. If The moveable tiny house shalldoes not have its wheels removed, and then all wheels and
leveling/support jacks shall sit on a concrete, paved, or compacted gravel surface sufficient to
support its weight., and the leveling/support jacks or undercarriage must be skirted and not visible.
8. Procedure Requirements. A Director’s Action application shall be required to establish a moveable tiny
house including In addition to submitting the application materials and information required by Section
17.86.020 (Accessory Dwelling Units and Guest Quarters) for an accessory dwelling unit, an applicant for
a moveable tiny house shall submit proof that:
a. The proposed moveable tiny house is licensed and registered with the California Department of
Motor Vehicles;
b. The proposed moveable tiny house has been certified by a qualified third-party inspector as
meeting ANSI 119.2 or 119.5 requirements, or was built to meet ANSI 119.2 or 119.5 requirements
as demonstrated by sufficient evidence satisfactory to the Director;
c. The applicant is the property owner, or has sufficient written permission from the property owner,
of the intended location of the proposed moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses
the structure’s approved floor plan and status as a movable tiny home and agreeing that the
property will be owner-occupied. This agreement shall be recorded in the office of the County
Recorder to provide constructive notice to all future owners of the property. The covenant
agreement also may contain authorization for annual inspections, and to allow the city upon
reasonable time and notice to inspect the premises for compliance with the agreement and to verify
continued compliance with requirements of this Section and health and safety codes. If a property
can no longer be occupied as the owner’s primary place of residence, the movable tiny home shall
no longer be used as overnight sleeping quarters; and
e. The proposed moveable tiny house meets the standards of this subsection E.
Section 17.158.044 – T Definitions
Tiny House - Moveable. A residential dwelling unit that is accessory to a principal residential dwelling unit
located on the same parcel of land, which provides complete independent living quarters for one household,
and meets the following conditions:
1. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and is designed not to
and cannot move under its own power;
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2. Is no larger than allowed by California State law for movement on public highways;
3. Is a detached self-contained residential dwelling unit which includes permanent facilities and
functional areas for living, sleeping, eating, cooking, and sanitation.
Item #2 – Accessory Dwelling Units (Owner Occupancy)
At the April, 2018 study session, the Council did not direct any changes to the recently adopted ADU
Ordinance. There was public and Council testimony at the study session about the importance of the owner
occupancy requirement, particularly for protection of the R-1 single-family neighborhoods. Since the study
session, staff has continued to receive public comments about removing barriers to ADU construction. One
suggestion was to exclude the R-3 and R-4 zones from the owner occupancy requirement while maintaining
it in the R-1 and R-2 zones. Owner occupancy would continue to help the preservation of the lower density
residential neighborhoods, particularly R-1 zones, while not being required in the R-3 and R-4 zones which
are designated for higher density residential, condominiums, and apartment rental projects (see proposed
amendment to Section 17.86.020B.5 below for consideration);
17.86.020B.5 - Owner-Occupancy. The owner of the property shall occupy either the primary residence or
the accessory dwelling unit. The Director may waive this requirement in one-year increments, not to exceed
a total of five consecutive years, based on a showing of a hardship. A hardsh ip shall include, but not be
limited to, inheritance of property with an accessory dwelling unit. Owner-Occupancy is not required in
the R-3 or R-4 zones.
Item #3 – Accessory Dwelling Units (Lot Coverage)
At the Council meeting of August 21, 2018, the Council also discussed the lot coverage exemption for
ADUs. The Planning Commission had recommended that the lot coverage exemption for an ADU be 450
sq. ft. After the discussion of Tiny Homes on August 21st, the Council’s direction was to reduce the lot
coverage exemption of 300 sq. ft. (to be consistent with the size of a Tiny Home). The lot coverage
exemption has been reduced from 450 sq. ft. to 300 sq. ft. per Council direction.
Section 17.70.120B – Excluded from Lot Coverage
5. Up to 300 square feet of an accessory dwelling unit. Any additional square footage of an accessory
dwelling unit shall be included in lot coverage.
Item #4 – Implementing the Climate Action Plan (CAP) Electric Vehicle Parking
As a Major City Goal, initiatives on climate action planning are occurring on several fronts; the Climate
Action Plan (CAP), Zoning Regulations Update, and other policy programs. The current CAP includes
several policy directives that can be implemented now via the Zoning Regulations. The Planning
Commission reviewed a White Paper outlining possible implementation strategies and at the May 3
community workshop, participants suggested additional strategies that could be addressed in the Zoning
Regulations.
New strategies in the updated Zoning Regulations include:
▪ As an incentive for increased height in the C-D zone and a community benefit for a PD overlay,
having a developer provide net-zero energy construction features
▪ As an incentive for increased height in the C-D zone and a community benefit for a PD overlay,
requiring a Transportation Demand Management (TDM) program that achieves a measurable mode
shift and that a covenant agreement is signed by the property owner for long -term implementation
▪ Allowing car sharing spaces (e.g., ZipCar) to be located in developments without increased parking
requirements
▪ Requiring parking (approximately 10% of total required spaces) in multi-family and commercial
projects for electric vehicles
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▪ Requirements for showers, lockers and changing rooms for large developments
▪ Reducing car parking requirements and increasing bike parking
Staff identified additional opportunities to further implement the Climate Action Plan upon receiving
additional public comments after the Planning Commission action on June 27th. Increased parking options
for EVs was the emphasis of the additional review, including the requirement for EV - Capable parking
spaces with new development or significant remodels1.
As introduced to the Council on August 21st, the following additional standards should be incorporated into
the Zoning Regulations Update:
▪ Expand the parking requirements to include EV capable (conduit installed ready for hook up) in
addition to the already required EV ready (charging station installed)
▪ Provide more definitions in this section for terms such as “equipped with charging equipment.”
▪ Specify minimum requirements for charger types and electric panel capacity
▪ Apply the EV parking requirements to substantial redevelopments and reconfigured parking lots in
addition to new developments.
EV Capable parking would be designed to provide for future installation of EV charging stations. Section
17.72.040 has been amended to incorporate the changes and new definitions will also be provided for EV
ready and EV capable (addressed in Article 9 -17.158.014 - Definitions), as shown below;
17.72.040 – Parking for Electric Vehicles
A. Parking spaces for electric vehicles shall be provided for all uses as indicated in Table 3-5: Electric
Vehicle (EV) Parking or in accordance with the requirements of the California Green Building
Standards Code and any local amendments thereto, whichever yields the greater number of spaces.
All such spaces shall count toward the minimum required parking spaces before applying any parking
reductions. These requirements do not apply in the Downtown zone or within an in-lieu fee district.
Table 3-5: Electric Vehicle (EV) Parking
Land Use Number of Total Required Spaces
52-10 11-15 16-250 More than 250
Multi-unit Residential with 54 or
More Units
1 EV ready
space
minimum, plus
25% EV
capable
2 EV ready
spaces
minimum,
plus 50% EV
capable
32 EV ready
spaces
minimum, plus
50% EV
capable
10% EV ready
spaces, plus
50% EV
capable
Nonresidential – Commercial,
Office, Industrial, and Mixed
Use
1 EV ready
space
minimum, plus
25% EV
capable
2 EV ready
spaces
minimum,
plus 50% EV
capable
3 EV ready
spaces
minimum, plus
50% EV
capable
10% of
parking EV
ready spaces,
plus 25% EV
capable
Industrial 0 EV space
minimum
1 EV space
minimum
2 EV ready
spaces
minimum
8% of parking
spaces
1 Climate Action Plan Transportation and Land Use Strategies. TLU 2.2: Require all new development with 50 or
more parking spaces to pre-wire for electric vehicle charging stations and provide a minimum 2 percent charging
spaces.
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B. All electric vehicle spaces EV ready spaces, as defined in this Title, shall be equipped with full electric
vehicle charging equipment, as defined in this Title, including an electric vehicle charging station,
the use of which the property owner or operator may require payment, at his/her discretion. All EV
capable spaces, as defined in this Title, shall be served by an empty raceway to supply power for
future EV charging stations at any given time.
C. Any charging or similar equipment shall not be placed within the required parking space dimensions
and shall not obstruct any pedestrian path of travel.
D. Electric EV ready and EV capable spaces and the associated electric vehicle charging equipment
shall be provided for all new developments and whenever a substantial addition to and existing
development is proposed, as defined by Section 17.106.020B (Enlargements and Modifications).
E. Where an existing legal, nonconforming parking condition exists, the EV spaces requirement shall
be based on the existing number of parking spaces, not the required number of parking spaces.
17.158.014 - Definitions
EV Capable Space. A parking space constructed with empty raceway (i.e., pathway for future electrical
wiring, usually in enclosed walls or pavement) to supply power for future EV charging stations at any given
time.
EV Ready Space. A parking space constructed with full electrical circuits (e.g., junction box, conduit,
receptacle, overprotecting devices, wiring, etc.) that are ready for connection with an EV charging station
at any given time.
Item #5 – Downtown Overlay Zone (C-R Zone of Downtown Core from Santa Rosa to Pepper St.)
On August 21, 2018, the City Council directed staff to take this proposed Overlay zone back to the Planning
Commission for further review and specifically include a requirement for approval of a Development
Agreement (DA) for any project proposing to take advantage of increased height (above 45 feet). Upon
further review of the revising the regulations to address Council direction, staff has determined additional
time will be necessary to evaluate the changes. These revisions would be best paired with the subsequent
amendments planned for March 2019, specifically the downtown density program to encourage smaller
units (600 square feet and under).
MISCELLANEOUS MINOR FOLLOW-UP ITEMS
In addition to the five Council directional items identified above staff has identified a number of minor
revisions for the Planning Commission to consider for internal consistency and additional clarification.
Staff has identified the following items for clean-up after its initial work with the new Regulations:
a. Revise Section 17.10.020A to provide consistency for the M/A abbreviation with Table 2-1 (Page
2-1).
b. Revise Table 2-1 to allow Single-Unit Dwellings in the R-1 Zone (Page 2-4).
c. Revise Table 2-6, Table 2-8, & Table 2-10 to include the word density when referring to density
minimum allowances (Pages 2-15, 17, & 19).
d. Revise Section 17.32.030E.2b(2) SLO Green Build reference to Green Point Rated New Home
Multi-family Checklist (Page 2-29).
e. Restructure Section 17.70.170C.5 to provide clarity to projections into the required setbacks (Pages
3-35 & 36).
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f. Revise Table 3-4 Parking Requirements by Use for Single-Unit Dwellings to require a minimum
of two parking spaces for the first four bedrooms and 0.75 spaces for each additional bedroom
beyond the first four (Page 3-48).
g. Revise Table 3-4 Parking Requirements by Use for Multi-Unit Residential to relocate and clarify
the parking requirement for elderly housing to Subsection B after Table 3-4 (Page 3-48) (This is a
re-insertion of existing language from the prior Code.)
h. Revise Table 3-4 Parking Requirements by Use for Medical-Doctor’s Office to 1 per 200 rather
than 1 per 300 (Page 3-50).
i. Clarify note 2 after Table 3-6 Required Bicycle Parking to require minimum of two bicycle parking
spaces per unit rather than tenant (Page 3-56).
j. Revise Section 17.86.100B.2 to eliminate the term ministerial, as Director Actions are discretionary
(Page 4-20).
k. Revise Section 17.92.020F.1 to clarify the review process as subject to a Directors Action permit
(Page 5-2).
l. Revise Section 17.138.130 to remove the word “except” from the last sentence (Page 8-8).
m. Revise Section 17.140.040K to include a new subsection addressing parking requirements for
housing occupied exclusively by very low or low-income households (Page 8-15) (This is a re-
insertion of existing language from the prior Code similar to “g” above.)
n. Revise Section 17.140.070 to include the changes to State Housing Law to provide for child care
facilities as part of affordable housing projects, as well as address the appropriate review authority
for alternative incentives (Page 8-17).
PLANNED SUBSEQUENT ZONING REGULATIONS AMENDMENTS
Downtown Overlay Zone – C-R Zone of Downtown Core from Santa Rosa to Pepper Street
The City Council at the April, 2018 study session and the Planning Commission with their final action on
June 27th, agreed with the concept of applying the Downtown development standards to the C-R Zone of
the Downtown Core from Santa Rosa to the railroad trestle at Pepper Street. This would facilitate
downtown development in the interim period while developing the full Upper Monterey Area Plan as called
for in LUCE Program 8.2.2 (the area along Monterey from Santa Rosa to Pepper St reet is located in the
Downtown Core of the LUCE, while the Specific Planning Area for Upper Monterey extends all the way
to Buena Vista near the Highway 101 on-ramp). In the proposed Downtown Overlay Zone, applicants may
choose to take advantage of the Downtown development standards for more intensive development with
approval from the Planning Commission that the project is consistent with the expectations for downtown
core development.
On August 21, 2018, the City Council considered the Planning Commission’s recommendation to designate
the approximately 15.8-acre portion of the C-R Zone in the Downtown Core, as C-R-D, Retail Commercial
with the Downtown Overlay Zone. After receiving a large amount of public correspondence concerned
about the potential for increased height allowances in this area, the City Council directed the item back to
the Planning Commission for further review, specifically to include a provision that a Development
Agreement (DA) be approved for any project proposing to take advantage of increased height (above 45
feet). The Council’s motion included the provision that additional workforce and affordable housing
opportunities be incorporated into the project and formalized in the DA. A DA is a negotiated agreement
between the applicant and City subject to the parameters set forth in Zoning Regulation Section 17.128
(Development Agreements).
Staff anticipates returning with the Downtown Overlay Zone to the Council in March 2019, in conjunction
with the Downtown Flexible Density and associated environmental analysis as discussed in the next
paragraph.
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Downtown Density
During the process of preparing the comprehensive update, staff investigated the option for implementing
LUCE policy 4.28, which calls for allowing variable residential densities as a key strategy to encourage
and increase housing production in the Downtown. Staff proposed an approach to eliminate any density
standards for units 600 square feet and smaller. The City Council expressed support of this approach during
the public hearing process. However, because the LUCE EIR did not address the potential impacts
associated with the possible level of housing production associated with this policy change, staff determined
that more in-depth policy and CEQA analysis is required before any action can occur.
Staff has determined the scope of work for the traffic study, including the methodology and downtown
build-out scenarios. Staff anticipates returning to the Council in March 2019 upon completion of the traffic
report and environmental analysis.
Special Considerations (S) Overlay
The S-Overlay zone provides a means to protect unique, environmentally sensitive and/or neighborhood
conditions on properties citywide. Each S-Overlay is unique to site-specific conditions, which are
documented in the individual ordinances for each overlay. The current Zoning Regulations (Chapter 17.56)
provide limited guidance as to how to review projects subject to an overlay and do not indicate where S -
Overlays have been applied. The updated S-Overlay provisions (Article 2) somewhat remedy these
conditions by establishing required findings to protect the resources/conditions identified in each S-
Overlay. However, the updated provisions do not identify each S-Overlay area, nor does the existing
Zoning Map assign a unique S-Overlay identification number to each one. As a follow-up task, staff will
develop a consistent system for tracking the S-Overlays and identifying them on the Zoning Map.
Airport Overlay Zone
After adoption of the LUCE, the City Council approved Ordinance 1610 (2014 Series) establishing the
Airport Overlay Zone (AOZ) in response to LUCE Programs 17.16 and 17.17. The purpose of the AOZ is
to ensure that all land uses within the zone are consistent with State and Federal laws and to ensure that
land uses within the AOZ are compatible with the existing and future airport operations.
City staff has been working with County ALUC (Airport Land Use Commission) staff to ensure that the
new Zoning Regulations are consistent with the Airport Land Use Plan (ALUP). On May 16, 2018, the
ALUC continued the matter to June 13th to allow the County and City staff more time to identify any
inconsistencies of the Zoning Regulations with the ALUP regarding land uses, definitio ns, and noise
policies. On June 26th, the City withdrew its referral to the ALUC by confirming with the Commission and
County staff that no changes to the Zoning Regulations affecting the AOZ or density within the Airport
Safety Areas will be proposed at this time. Instead, the City pledged to actively participate with the County
to update the ALUP in a timely manner. After the ALUP is updated, the City will refer the Zoning
Regulations to the ALUC to gain a consistency determination within the areas of the City affected by airport
operations.
ENVIRONMENTAL REVIEW SUMMARY
On September 16, 2014, the City Council certified the Land Use and Circulation Element (LUCE) Final
Program Environmental Impact Report (EIR) (State Clearinghouse Number 2013121019) and adopted
findings and a statement of overriding considerations pursuant to the California Environmental Quality Act
(CEQA). Pursuant to CEQA, the City prepared an Initial Study/Negative Declaration (IS/ND) to evaluate
the potential environmental effects of the proposed Zoning Regulations Update. On August 21, 2018, the
Council voted to adopt the IS/ND, and provided direction for staff to revise and review specific items to be
brought back to Council after the Planning Commission has provided a recommendation.
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In accordance with State CEQA Guidelines Section 15164, an Addendum to the adopted IS/ND has been
prepared to address the current project, which includes the directional items identified by Council and
additional minor follow-up items (refer to Attachment 2, Addendum to Initial Study/Negative Declaration).
As noted in the Addendum, the proposed amendments are minor and none would result in increased density,
size, or height than what was evaluated in the adopted Initial Study/Negative Declaration; the proposed
amendments would not result in the development of future projects in any location beyond what is assessed
in the adopted Initial Study/Negative Declaration; and the changes would provide greater clarity in the
evaluation of projects pursuant to the Zoning Regulations, such as tiny homes, accessory dwelling units,
and the provision of additional facilities and amenities supporting electric vehicles consistent with State
Law, the Climate Action Plan, and the General Plan.
Pursuant to State CEQA Guidelines Sections 15164 and 15162, a subsequent environmental document is
not warranted because: 1) the proposed amendments would not result in any new impacts not previously
disclosed in the adopted IS/ND and would not increase the severity of any impact identified in the adopted
IS/ND, 2) the circumstances under which the amendments will be undertaken will not require major
changes to the adopted IS/ND, 3) and the proposed amendments do not require any new mitigation
measures.
Therefore, Staff recommends that the Planning Commission consider the Addendum to the IS/ND during
their review of the proposed Zoning Regulations Update amendments, provide any additional comments
for consideration and potential incorporation into the Addendum to the IS/ND to be considered by the City
Council, and provide a recommendation for adoption of the Addendum to the IS/ND as proposed or
amended for consideration by the City Council during their review of the proposed Zoning Regulation s
Update amendments.
ATTACHMENTS
Attachment 1: Resolution recommending adoption of the Zoning Regulations Update revisions
Attachment 2: Addendum to Initial Study/Negative Declaration
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RESOLUTION NO. PC-XXXX-18
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE
AND ADOPT AN ORDINANCE AMENDING VARIOUS SECTIONS OF
THE ZONING REGULATIONS, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED OCTOBER 10, 2018 (ZONING
REGULATIONS, GENP-0327-2017)
WHEREAS, the City Council of the City of San Luis Obispo conducted a series of public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
October 21, 2014, December 2, 2014, and December 9, 2014, for the purpose of final adoption of
the Land Use and Circulation Element update project (LUCE); and
WHEREAS, on July 5, 2016, the City Council reviewed the Zoning Regulations Update
scope of work, approved the project budget, and authorized issuance of a Request for Proposals
(RFP) for consultant services; and
WHEREAS, the City Council and Planning Commission of the City of San Luis Obispo
conducted a joint public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California on April 12, 2017, for the purpose of providing direction to the Community
Development staff on particular issues to address during the Zoning Regulations Update process;
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 April 10,
2018, for the purpose of providing policy direction regarding key issues; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a series
of regular public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California from August 23, 2017, through May 23, 2018 and final hearings on June 13, 2018, June
14, 2018, and June 27, 2018, for the purpose of recommending amendments to Title 17 of the
Municipal Code to implement the LUCE; 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 August 21,
2018, for the purpose of introducing an Ordinance for the comprehensive update to the Zoning
Regulations; and
WHEREAS, the City Council of the City of San Luis Obispo in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California on September 18, 2018, adopted an
Ordinance for the comprehensive update to the Zoning Regulations; and
WHEREAS, City staff has conducted extensive public outreach in the form of news
releases, stakeholder interviews, regularly scheduled public hearings with the Planning
Commission, and two community workshops held on June 3, 2017 and May 3, 2018; and
WHEREAS, after review of the information gathered by staff during public outreach and
public hearings, staff recommends the draft amendments to Tile 17 of the Municipal Code; and
Attachment 1
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WHEREAS, the Planning Commission 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
October 10, 2018, for the purpose of recommending amendments to Title 17 of the Municipal
Code to address Council direction minor clarification to various sections; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Commission makes the following
finding:
1. The proposed amendments to Title 17 will not cause significant health, safety, or welfare
concerns, since the amendments are consistent with the General Plan and directly
implement City goals and polices.
SECTION 2. Environmental Review. An addendum to the Initial Study / Negative
Declaration for the Zoning Regulations Update (GENP-0327-2017) was prepared for the proposed
amendments to the City Zoning Regulations, Title 17 of the City’s Municipal Code. The
addendum concluded the following:
i) None of the following circumstances included in Section 15162 of the State CEQA
Guidelines have occurred which require a subsequent environmental document:
a) The project changes do not result in new or more severe environmental impacts.
b) The circumstances under which the project is undertaken will not require major
changes to the adopted Negative Declaration.
c) The modified project does not require any new mitigation measures.
ii) The proposed Zoning Regulations Update, including proposed amendments identified in this
Addendum, would make revisions, additions, corrections and clarifications to various
sections of the Zoning Regulations to ensure consistency and successful implementation of
the Land Use and Circulation Element. The proposed modifications to the previously-
approved Zoning Regulations Update are minor and consistent with the scope of the
comprehensive Zoning Regulations Update.
iii) The changes are consistent with State Law, the City of San Luis Obispo Climate Action Plan,
and the City of San Luis Obispo General Plan.
SECTION 3. Recommendation. The Planning Commission does hereby recommend the
City Council introduce and adopt an Ordinance regarding revisions, additions, corrections and
clarifications to various sections of the Zoning Regulations to ensure consistency with and
successful implementation of the LUCE, as set forth in Sections 4 through 25.
SECTION 4. Amend Section 17.10.020A Allowed Uses of the City of San Luis Obispo's
Municipal Code to be consistent with the M/A abbreviation in Table 2-1, to read as follows:
M/AA/M The use is allowed above the ground floor only. Subject to Minor Use Permit review, the use may be
established on the ground floor.
SECTION 5. Amend Chapter 17.10 - Table 2-1 (Uses Allowed by Zone) to include an
“A” in the column to allow single-unit dwellings in the R-1 zone, to read as follows:
Attachment 1
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Table 2-1: Uses Allowed By Zone
RESIDENTIAL USES
General Residential Housing Types
Single-Unit
Dwellings,
Detached
A CUP A A A A A
SECTION 6. Amend Chapter 17.18 - Table 2-6 (R-2 Zone Development Standards) to
provide the term “density” clarifying density unit rather than residential unit, to read as follows:
Table 2-6: R-2 Zone Development Standards
Development Standard R-2 Zone Additional Regulations
Maximum Residential
Density
12 units/net acre
See also Section 17.70.040 (Density). Regardless of the density
calculation, at least two density units shall be allowed on each
parcel; except this shall not apply to common interest subdivisions.
SECTION 7. Amend Chapter 17.20 - Table 2-8 (R-3 Zone Development Standards) to
provide the term “density” clarifying density unit rather than residential unit, to read as follows:
Table 2-8: R-3 Zone Development Standards
Development Standard R-3 Zone Additional Regulations
Maximum Residential Density 20 units/net acre
18 units/net acre for properties
within an Airport Safety zone
See also Section 17.70.040 (Density). Regardless of
the density calculation, at least three density units
shall be allowed on each parcel; except this shall not
apply to common interest subdivisions.
SECTION 8. Amend Chapter 17.22 - Table 2-10 (R-4 Zone Development Standards) to
provide the term “density” clarifying density unit rather than residential unit, to read as follows:
Table 2-10: R-4 Zone Development Standards
Development Standard R-4 Zone Additional Regulations
Maximum Residential Density 24 units/net acre See also Section 17.70.040 (Density). Regardless of the
density calculation, at least four density units shall be allowed
on each parcel; except this shall not apply to common
interest subdivisions.
SECTION 9. Amend Section 17.32.030E.2b(2) (Requirements for All Buildings Higher
than 50 Feet) to reference the most up to date checklist, to read as follows:
The project is designed to achieve a minimum value of 50 points on the Green Point Rated New Home Multi-Family
ChecklistSLO green build multi-unit residential greenpoint checklist.
SECTION 10. Revise Section 17.70.120B (Excluded from Lot Coverage) to add new
Subsection 5 to exempt accessory dwelling units from lot coverage requirements up to 300 square
feet, to read as follows:
5. Up to 300 square feet of an accessory dwelling unit. Any additional square footage of an accessory dwelling
unit shall be included in lot coverage.
SECTION 11. Amend Section 17.70.170C.5 (Allowed Projections into Required Setback
Areas) to remove the conflict with the following section that allows projections greater than 30
inches, to read as follows:
Attachment 1
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5. Architectural Features. The following and similar architectural features may extend into a required setback no
more than 30 inches:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater
enclosures, and bay or other projecting windows that do not include usable floor space, may extend no more
than 30 inches into a required setback (see Figure 12: Architectural Feature Projections into Required
Setbacks).
SECTION 12. Amend Section 17.72.030 - Table 3-4 (Parking Requirements by Use) to
require a minimum of two parking spaces for the first four bedrooms of a Single-Unit Dwelling
and 0.75 spaces for each additional bedroom beyond the first four, to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
General Residential Housing Types
Single-Unit Dwellings, Detached
2 parking spaces for the first four bedrooms, 0.75 space per each
additional bedroom (no requirement for Accessory Dwelling Units),
plus 1 guest parking space per 5 units in a tract development
SECTION 13. Amend Section 17.72.030 - Table 3-4 (Parking Requirements by Use) to
relocate the elderly housing parking requirement as a separate subsection after Table 3-4, existing
subsection B is hereby re-lettered to C and remaining subsections are re-lettered accordingly, to
read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
RESIDENTIAL USES
General Residential Housing Types
Multi-Unit Residential
0.75 space per bedroom (no less than 1 space per dwelling unit), plus
1 guest parking space per 5 units
Housing occupied exclusively by persons aged 62 or older may
provide 0.5 space per dwelling unit
B. Elderly housing parking. Housing occupied exclusively by persons aged 62 or older may provide one-half
space per dwelling unit or one space per four occupants of a group quarters.
SECTION 14. Amend Section 17.72.030 - Table 3-4 (Parking Requirements by Use) to
correct the parking requirement for Medical and Dental Offices from 1 per 300 sf to 1 per 200 sf,
to read as follows:
Table 3-4: Parking Requirements by Use
Type of Land Use Number of Off-Street Parking Spaces Required
Offices
Business and Professional Offices 1 space per 300 sf
Medical and Dental Offices 1 space per 3200 sf
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SECTION 15. Amend Section 17.72.040 (Parking for Electric Vehicles) to provide clarity
on electric vehicle parking requirements and applicability, to read as follows:
A. Parking spaces for electric vehicles shall be provided for all uses as indicated in Table 3-5: Electric Vehicle (EV)
Parking or in accordance with the requirements of the California Green Building Standards Code and any local
amendments thereto, whichever yields the greater number of spaces. All such spaces shall count toward the
minimum required parking spaces before applying any parking reductions. These requirements do not apply in
the Downtown zone or within an in-lieu fee district.
Table 3-5: Electric Vehicle (EV) Parking
Land Use Number of Total Required Spaces
52-10 11-15 16-250 More than 250
Multi-unit Residential with 54 or More
Units
1 EV ready space
minimum, plus
25% EV capable
2 EV ready
spaces
minimum, plus
50% EV capable
32 EV ready
spaces minimum,
plus 50% EV
capable
10% EV ready
spaces, plus 50%
EV capable
Nonresidential – Commercial, Office,
Industrial, and Mixed Use
1 EV ready space
minimum, plus
25% EV capable
2 EV ready
spaces
minimum, plus
50% EV capable
3 EV ready
spaces minimum,
plus 50% EV
capable
10% of parking
EV ready spaces,
plus 25% EV
capable
Industrial 0 EV space
minimum
1 EV space
minimum
2 EV ready
spaces minimum
8% of parking
spaces
B. All electric vehicle spacesEV ready spaces, as defined in this Title, shall be equipped with full electric vehicle
charging equipment, as defined in this Title, including an electric vehicle charging station, the use of which the
property owner or operator may require payment, at his/her discretion. All EV capable spaces, as defined in this
Title, shall be served by an empty raceway to supply power for future EV charging stations at any given time.
C. Any charging or similar equipment shall not be placed within the required parking space dimensions and shall not
obstruct any pedestrian path of travel.
D. Electric EV ready and EV capable spaces and the associated electric vehicle charging equipment shall be
provided for all new developments and whenever a substantial addition to and existing development is proposed,
as defined by Section 17.106.020B (Enlargements and Modifications).
E. Where an existing legal, nonconforming parking condition exists, the EV spaces requirement shall be based on
the existing number of parking spaces, not the required number of parking spaces.
SECTION 16. Amend Section 17.72.070B - Table 3-6 (Required Bicycle Parking) to
revise the note section to reflect bicycle parking per unit rather than tenant, to read as follows:
Table 3-6: Required Bicycle Parking
Land Use
Example
Standard
(Number of Bicycle
Parking Spaces)
Short Term
Long Term
Notes:
1. sf = square feet of gross floor area
2. Minimum requirements. All nonresidential uses shall provide a minimum of two bicycle parking spaces per site. In the case of multi-
tenant nonresidential buildings, minimum required bicycle parking shall be two spaces per tenantunit. Alternative compliance may
supersede this requirement.
3. Mixed-use and Mix of Uses. When there are two or more separate primary uses on a site, the required bicycle parking for the site is
the sum of the required parking for the individual primary uses.
4. Short-term and long-term percentages listed in this table are intended as guidelines subject to a final determination by the Director.
Attachment 1
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SECTION 17. Amend Section 17.86.020B.5 (Accessory Dwelling Units and Guest
Quarters) to exempt the owner-occupancy requirement from the R-3 and R-4 zones, to read as
follows:
5. Owner-Occupancy. The owner of the property shall occupy either the primary residence or the accessory
dwelling unit. The Director may waive this requirement in one-year increments, not to exceed a total of five
consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance
of property with an accessory dwelling unit. Owner-Occupancy is not required in the R-3 or R-4 zones.
SECTION 18. Amend Section 17.86.100B.2 (Permits Required) to remove the word
ministerial, as Director’s Action permits are a discretionary process, to read as follows:
2. Adult day care facilities serving seven to 12 clients onsite at one time and large family day care homes for
children may be established in any zone where dwellings are allowed, subject to performance standards listed
below. These facilities require written approval by the Director as a ministerial Director’s Action. In accordance
with applicable sections of the California Health and Safety Code, the Director shall approve the use when he
or she determines that the proposed facility:
SECTION 19. Add new subsection under Section 17.86.210 (Recreational Vehicles: Use
as Dwelling; Parked on a Private Lot) to include standards and review procedures regarding
moveable tiny houses, to read as follows:
E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be considered an
additional type of accessory dwelling unit, allowed as an accessory use to single-unit residential dwelling unit,
consistent with Government Code, Section 65852.2, subdivision (g) which allows cities to adopt les s restrictive
requirements than the State-mandated minimums for accessory dwelling units. A moveable tiny house that meets
the definition in this subsection may be built and occupied as a new detached accessory dwelling unit, subject to
the Director’s review and approval of a Director’s Action application if it complies with the standards of this
subsection.
1. Development Standards. Moveable tiny houses shall conform with the requirements for new detached
accessory dwelling units, including but not limited to setbacks, height, and other applicable zoning requirements
of the zone in which the site of the proposed moveable tiny house is located, except as modified by this
subsection.
a. Number. No parcel may be approved for more than one moveable tiny house in a 12-month period. No
parcel may contain more than one moveable tiny house at a time. No parcel may contain both a moveable
tiny house and a conventional accessory dwelling unit.
b. Time Limit. The approval of a movable tiny house through a Director’s Action shall automatically expire
after a 12-month period, unless a longer period is specified in the approval, or unless an extension is
granted by the Director. The Director may deny a time extension if the property is determined to be out of
compliance with the standards of this subsection.
c. Maintenance. The site shall be maintained in a neat and orderly manner, as set forth in Chapter 17.76
(Property Maintenance Standards).
d. Location. The moveable tiny house shall be located toward the rear of the property screened from view
from any public right-of-way, as set forth in Section 17.76.100 (Screening).
e. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be 300 square
feet, as measured by exterior wall dimensions (lofts shall not be counted toward the maximum square
footage). The moveable tiny house shall have at least 100 square feet of first floor interior living space.
Attachment 1
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f. Replacement Parking. Where a moveable tiny house occupies a required parking space, a replacement
parking space is required. A replacement parking space may be located in any configuration on the same
lot as the moveable tiny house, including but not limited to covered spaces, uncovered spaces, or tandem
spaces. Parking shall be permitted only in those locations specified in these Zoning Regulations.
2. Parking Spaces. Moveable tiny houses shall not require additional parking.
3. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the
structure and shall not be located on the roof.
4. Utility Connections and Requirements. Moveable tiny houses shall not require separate utility meters from
the primary unit. Moveable tiny houses may be off-grid and not connected to one or more utility systems, but
only if the applicant provides sufficient proof, to the satisfaction of the Director and the Building Official, that the
moveable tiny house has adequate, safe, and sanitary utility systems providing water, sewer, heating, cooling,
and electric power.
5. Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit.
6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses shall meet the
following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels and leveling/support jacks
shall sit on a concrete, paved, or compacted gravel surface sufficient to support its weight.
7. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R310 of
the California Building Code for emergency escape and rescue openings. Egress roof access windows in lofts
used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the
opening is not more than 44 inches above the loft floor, provided the egress roof access window complies with
the minimum opening area requirements of California Building Code Section R310.2.1.
8. Procedure Requirements. A Director’s Action application shall be required to establish a moveable tiny house
including the application materials and information required by Section 17.86.020 (Accessory Dwelling Units
and Guest Quarters) for an accessory dwelling unit, an applicant for a moveable tiny house shall submit proof
that:
a. The proposed moveable tiny house is licensed and registered with the California Department of Motor
Vehicles;
b. The proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI
119.2 or 119.5 requirements, or was built to meet ANSI 119.2 or 119.5 requirements as demonstrated by
sufficient evidence satisfactory to the Director;
c. The applicant is the property owner, or has sufficient written permission from the property owner, of the
intended location of the proposed moveable tiny house;
d. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses the
structure’s approved floor plan and status as a movable tiny home and agreeing that the property will be
owner-occupied. This agreement shall be recorded in the office of the County Recorder to provide
constructive notice to all future owners of the property. The covenant agreement also may contain
authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the
premises for compliance with the agreement and to verify continued compliance with requirements of this
Section and health and safety codes. If a property can no longer be occupied as the owner’s primary place
of residence, the movable tiny home shall no longer be used as overnight sleeping quarters.
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SECTION 20. Amend Section 17.92.020F (Limits on Reconstruction – Exceptions) to
provide clarity on the review process for additions to nonconforming structures, to read as follows;
F. Exceptions to this Chapter may be granted by the Director, through a Director’s Action, to allow additions to
nonconforming structures occupied by conforming uses, subject to a finding of consistency with the intent of this
Chapter as follows:
1. Conforming additions to residential structures may be approved by the Director without public hearing.
2. The Director , through a Director’s Action, may allow certain setbacks to be reduced to zero in some instances
for minor additions to existing legal nonconforming structures (see Section 17.16.020(E)(2) (d)).
SECTION 21. Amend Section 17.138.130 (Eligibility Screening) to remove the word
“except” to provide clarification that project owners are not permitted to select individuals for
affordable units, to read as follows:
The Housing Authority or other housing provider designated by the City shall screen prospective renters or buyers of
affordable units. Renters or buyers of affordable units shall enter into an agreement with the City. Occupants must be
selected by means of an open, public process which ensures that individuals of a group of interested participants have
equal probability of selection. Private selection of individuals by project owners is not permitted except for any
affordable units.
SECTION 22. Add new subsection under Section 17.140.040K (Standard Incentives for
Housing Projects) to include parking requirements for housing developments occupied by the
exclusively by very low or low-income households, existing subsection 2 is hereby re-numbered
to 3 and remaining subsections are re-numbered accordingly, to read as follows:
2. Housing developments occupied exclusively by very low or low-income households, as defined by the State,
may provide one car and one bicycle space per dwelling unit.
SECTION 23. Revise Section 17.140.070 (Alternative or Additional Incentives) to add a
new Subsection D in response to Government Code Section 65915 (h)(1) which allows child care
facilities as part of affordable housing projects, additional amendments are provided to address
the accurate review authority for alternative incentives, to read as follows.
D. Proposals to construct a housing development that includes affordable units and includes a child care facility
that will be located on the premises of, as part of, or adjacent to the housing development, it shall comply with
Government Code Section 65915 (h)(1).
D.E. Nothing in this Section shall be construed to require the Council Planning Commission to approve any
alternative incentive or concession. The Council Planning Commission shall approve the requisite number of
incentives or concessions afforded by this Section. However, the details surrounding the incentives or
concessions shall be at the discretion of the CouncilPlanning Commission.
E.F. The Council Planning Commission action on any alternative incentive proposal shall be by resolution. Any
such resolution shall include findings relating to the information required in subsection B or C of this Section.
SECTION 24. Add new electric vehicle (EV) capable and EV ready space definitions
under Section 17.158.014 (E Definitions), to read as follows:
EV Capable Space. A parking space constructed with empty raceway (i.e., pathway for future electrical wiring, usually in
enclosed walls or pavement) to supply power for future EV charging stations at any given time.
Attachment 1
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EV Ready Space. A parking space constructed with full electrical circuits (e.g., junction box, conduit, receptacle,
overprotecting devices, wiring, etc.) that are ready for connection with an EV charging station at any given time.
SECTION 25. Revise tiny house-movable definition under Section 17.158.044 (T
Definitions), to read as follows:
Tiny House - Moveable. A residential dwelling unit that is accessory to a principal residential dwelling unit located on the
same parcel of land, which provides complete independent living quarters for one household, and meets the following
conditions:
1. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and is designed not to and cannot
move under its own power;
2. Is no larger than allowed by California State law for movement on public highways;
3. Is a detached self-contained residential dwelling unit which includes permanent facilities and functional areas for
living, sleeping, eating, cooking, and sanitation.
Upon motion of Commissioner______________, seconded by Commissioner
__________________, and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was adopted this 10th day of October, 2018.
_______________________________
Doug Davidson, Secretary
Planning Commission
Attachment 1
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ADDENDUM TO THE
INITIAL STUDY/NEGATIVE DECLARATION FOR
THE ZONING REGULATIONS UPDATE (GENP-0327-2017)
1. Project Title: City of San Luis Obispo Zoning Regulations Update
(GENP-0327-2017)
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: Doug Davidson, 805-781-7177
4. Project Location: Citywide
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 Designations: Multiple (Citywide)
7. Zoning: Multiple (Citywide)
8. Description of the Project:
In 2014, the City adopted a new General Plan Land Use and Circulation Element
(LUCE) and certified the associated Final Program Environmental Impact Report
(EIR) (State Clearinghouse No. 2013121019). The LUCE is the City’s guiding
land use and circulation plan that encompasses the City’s vision for the future
through the year 2035. The land use component sets direction for “the orderly
development of land within the City’s planning area”, and the circulation
component describes “how transportation will be provided in the community
envisioned by the Land Use Element.”
The Zoning Regulations are the key tool used to implement land use and
circulation policies related to the use of land, buildings, location and form of
structure, parking management, transit, bicycling, and pedestrian accommodation.
Zoning Regulations are intended to guide the development of the city in an
Attachment 2
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Addendum to Initial Study for GENP-0327-2017
Zoning Regulations Update
Page 2
orderly manner, based on the adopted general plan, to protect and enhance the
quality of the natural and built environment, and to promote the public health,
safety and general welfare. The Zoning Regulations Update is focused on
implementation of the policies and programs in the LUCE. The update also
provides an opportunity to incorporate best practices and to address deficiencies
identified by staff in working with the document daily. Additional information
regarding the proposed Zoning Regulations Updates is available online on the
City’s website at: http://www.slocity.org/government/department-
directory/community-development/planning-zoning/zoning/zoning-regulations-
update
Planning Commission Recommendation June 27, 2018. On June 27, 2018, the
Planning Commission recommended that the City Council adopt the comprehensive
Zoning Regulations Update and the associated Initial Study/Negative Declaration of
Environmental Impact. The Commission made final minor edits to various sections and
also recommended that the City Council approve three additional Ordinances associated
with the Update and implementing the LUCE.
City Council Action August 21, 2018. On August 21, 2018, the Council voted 5-0 to
adopt the Initial Study/Negative Declaration of Environmental Impact and introduce
Ordinance No. 1650 (2018 Series), which includes the comprehensive Zoning
Regulations Update. The Council provided direction for staff to revise and review the
following items to be brought back to Council after the Planning Commission has
provided a recommendation:
1) Tiny Homes – Reduce the maximum size from 450 to possibly 300 square feet
(without counting the loft) and require a Director’s Action for design review.
2) Accessory Dwelling Units (ADUs) Owner Occupancy Requirement – Consider
excluding the owner occupancy requirement for ADUs in the R-3 and R-4 zones
3) Accessory Dwelling Unit (ADU) Lot Coverage Requirement – Consider reducing
the lot coverage exemption for an ADU from 450 to 300 square feet (consistent
with the size of a Tiny Home).
4) Climate Action Plan (CAP) Electric Vehicle (EV) Parking – Further implement
the (CAP) by requiring installation of EV-capable parking spaces in new
developments or significant remodels/additions.
5) Downtown Overlay Zone – Revise to require a Development Agreement (DA) for
any project proposing to take advantage of increased height (above 45 feet). The
Council’s motion included the provision that additional workforce and affordable
housing opportunities in the project be incorporated into the DA.
City Council Action September 18, 2018. On September 18, 2018, the City Council
voted 5-0 to approve Ordinance No. 1650 (2018 Series), which comprehensively updates
the City’s Zoning Regulations, Title 17 of the City’s Municipal Code. The Zoning
Regulations Ordinance is effective 30 days after its adoption.
Attachment 2
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Addendum to Initial Study for GENP-0327-2017
Zoning Regulations Update
Page 3
Current Project. The proposed project subject to this Addendum comprise the five
Council directional items and additional minor follow-up items, as summarized below.
Proposed amendments to the comprehensive Zoning Regulations Update include:
Item #1 – Tiny Homes on Wheels
Language has been provided in Zoning Regulations Section 17.86.210 to reduce the
maximum size of a tiny home from 450 to 300 square feet (without counting the loft) and
requiring a Director’s action application, as an appealable decision. Staff recommends
removing the requirement under Section 17.86.210E.6b, which requires a skirt to screen
the wheels of the tiny house from view as it is counter to the temporary nature of the tiny
house as a vehicle and not as a permanent structure on the site.
Item #2 – Accessory Dwelling Units (Owner Occupancy)
A suggested modification to the Accessory Dwelling Unit Ordinance is to exclude the R-
3 and R-4 zones from the owner occupancy requirement while maintaining it in the R-1
and R-2 zones. Owner occupancy would continue to help preserve lower density
residential neighborhoods, particularly R-1 zones, while not being required in the R-3 and
R-4 zones which are designated for higher density residential, condominiums, and
apartment rental projects (see proposed amendment to Zoning Regulations Section
17.86.020B.5).
Item #3 – Accessory Dwelling Units (Lot Coverage)
The lot coverage exemption has been reduced from 450 to 300 square feet per Council
direction (refer to Zoning Regulations Section 17.70.120B.5). Any additional square
footage of an accessory dwelling unit would be included in the lot coverage.
Item #4 – Implementing the Climate Action Plan (CAP) Electric Vehicle Parking
The current Climate Action Plan (CAP) includes several policy directives that can be
implemented via the Zoning Regulations. In addition to the strategies previously adopted
in the Zoning Regulations Update, the following additional standards are proposed:
Expand the parking requirements to include EV capable (conduit installed ready
for hook up) in addition to the already required EV ready (charging station
installed)
Provide more definitions in this section for terms such as “equipped with charging
equipment.”
Specify minimum requirements for charger types and electric panel capacity
Apply the EV parking requirements to substantial redevelopments and
reconfigured parking lots in addition to new developments.
EV capable parking would be designed to provide for future installation of EV charging
stations. Zoning Regulations Section 17.72.040 has been amended to incorporate the
changes and new definitions will also be provided for EV ready and EV capable
(addressed in Article 9 -17.158.014 - Definitions).
Attachment 2
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Addendum to Initial Study for GENP-0327-2017
Zoning Regulations Update
Page 4
Item #5 – Downtown Overlay Zone (C-R Zone of Downtown Core from Santa Rosa to
Pepper St.)
On August 21, 2018, the City Council directed staff to take this proposed Overlay zone
back to the Planning Commission for further review and specifically include a
requirement for approval of a Development Agreement (DA) for any project proposing to
take advantage of increased height (above 45 feet). Upon further review, staff has
determined that additional time will be necessary to evaluate the changes related to this
direction, and that the revisions would be best paired with subsequent amendments
related to flexible density, which is planned for March 2019. These subsequent
amendments have independent utility from the comprehensive Zoning Regulations
Update and will require additional environmental review and an associated environmental
determination for consideration by the Planning Commission and City Council.
Therefore, this directional item is not assessed further in this Addendum.
Miscellaneous Minor Follow-up Items
In addition to the five Council directional items identified above, a number of minor
Zoning Regulations text amendments are proposed for internal consistency and additional
clarification:
a. Revise Section 17.10.020A to provide consistency for the M/A abbreviation with
Table 2-1 (Page 2-1).
b. Revise Table 2-1 to allow Single-Unit Dwellings in the R-1 Zone (Page 2-4).
c. Revise Table 2-6, Table 2-8, & Table 2-10 to include the word density when
referring to density minimum allowances (Pages 2-15, 17, & 19).
d. Revise Section 17.32.030E.2b(2) SLO Green Build reference to Green Point
Rated New Home Multi-family Checklist (Page 2-29).
e. Restructure Section 17.70.170C.5 to provide clarity to projections into the
required setbacks (Pages 3-35 & 36).
f. Revise Table 3-4 Parking Requirements by Use for Single-Unit Dwellings to
require a minimum of two parking spaces for the first four bedrooms and 0.75
spaces for each additional bedroom beyond the first four (Page 3-48).
g. Revise Table 3-4 Parking Requirements by Use for Multi-Unit Residential to
relocate and clarify the parking requirement for elderly housing to Subsection B
after Table 3-4 (Page 3-48)
h. Revise Table 3-4 Parking Requirements by Use for Medical-Doctor’s Office to 1
per 200 rather than 1 per 300 (Page 3-50).
i. Clarify note 2 after Table 3-6 Required Bicycle Parking to require minimum of
two bicycle parking spaces per unit rather than tenant (Page 3-56).
j. Revise Section 17.86.100B.2 to eliminate the term ministerial, as Director Actions
are discretionary (Page 4-20).
k. Revise Section 17.92.020F.1 to clarify the review process as subject to a Directors
Action permit (Page 5-2).
l. Revise Section 17.138.130 to remove the word “except” from the last sentence
(Page 8-8).
m. Revise Section 17.140.040K to include a new subsection addressing parking
requirements for housing occupied exclusively by very low or low-income
households (Page 8-15)
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Zoning Regulations Update
Page 5
n. Revise Section 17.140.070 to include the changes to State Housing Law to
provide for child care facilities as part of affordable housing projects, as well as
address the appropriate review authority for alternative incentives (Page 8-17).
9. Project Entitlements: Adoption of Zoning Regulations by the City Council,
based on recommendations from the Planning Commission, formal referral to the
Airport Land Use Commission (as applicable)
10. Surrounding Land Uses and Settings: Multiple (Citywide)
11. Have California Native American tribes traditionally and culturally affiliated
with the project area requested consultation pursuant to Public Resources
Code Section 21080.3.1? If so, has consultation begun?
On April 26, 2018, local Native American tribal groups were formally noticed
that an Initial Study of Environmental Impact was being completed for the
proposed Zoning Regulations Update and invited to provide consultation on the
proposed project. No tribal representatives requested a formal consultation;
however, two representatives discussed the proposed Zoning Regulations with
City Staff and one requested specific policy language to be included in the Zoning
Regulation Update (refer to adopted Initial Study/Negative Declaration Section 17
Tribal Cultural Resources).
12. Other public agencies whose approval is required: County of San Luis Obispo
Airport Land Use Commission (formal referral, determination of consistency with
Airport Land Use Plan, as applicable).
13. Previous Environmental Review: In 2014, the City adopted a new General Plan
Land Use and Circulation Element (LUCE) and certified the associated Final
Program Environmental Impact Report (EIR) (State Clearinghouse No.
2013121019). The LUCE Program EIR is available for public review at the City
of San Luis Obispo Community Development Department, located at 919 Palm
Street, San Luis Obispo, California, 93401. The certified EIR for the LUCE
Update is available on the City’s website:
http://www.slocity.org/government/department-directory/community-
development/planning-zoning/general-plan
On August 21, 2018, the City Council adopted the Initial Study/Negative
Declaration of Environmental Impact for the comprehensive Zoning Regulations
Update, which tiered from the certified Final LUCE Program EIR. A copy of the
adopted Initial Study/Negative Declaration is attached and available online on the
City’s website: http://www.slocity.org/government/department-
directory/community-development/documents-online/environmental-review-
documents/-folder-1959
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Page 6
Section 15164 of the CEQA Guidelines allows a lead agency to prepare an
addendum to a previously adopted Negative Declaration if only “minor technical
changes or additions” have occurred in the project description since the initial
study was originally prepared.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Environmental impacts associated with the comprehensive Zoning Regulations Update
and additional zoning amendments were evaluated in the Negative Declaration adopted
on August 21, 2018. The proposed follow-up amendments are summarized in this
Addendum to the Zoning Regulations Update Initial Study/Negative Declaration and are
described in detail in the associated Planning Commission and City Council Agenda
Reports, including attachments that clearly identify the proposed modifications to
language in the Zoning Regulations. The proposed additional amendments would not
result in any new impacts not previously disclosed in the adopted Negative Declaration
and would not increase the severity of any impact identified in the adopted Negative
Declaration for the following reasons: the proposed additional amendments are minor and
none would result in increased density, size, or height than what was evaluated in the
adopted Initial Study/Negative Declaration; the proposed amendments would not result in
the development of future projects in any location beyond what is assessed in the adopted
Initial Study/Negative Declaration; and the changes would provide greater clarity in the
evaluation of projects pursuant to the Zoning Regulations, such as tiny homes, accessory
dwelling units, and the provision of additional facilities and amenities supporting electric
vehicles consistent with State Law, the Climate Action Plan, and the General Plan.
DETERMINATION:
In accordance with Section 15164 of the State CEQA Guidelines, the City of San Luis
Obispo has determined that this Addendum to the Zoning Regulations Update Initial
Study/Negative Declaration is necessary to document changes or additions that have
occurred in the project description since the Negative Declaration was adopted. The
preparation of a subsequent environmental document is not necessary because:
1. None of the following circumstances included in Section 15162 of the State
CEQA Guidelines have occurred which require a subsequent environmental
document:
a. The project changes do not result in new or more severe environmental
impacts.
b. The circumstances under which the project is undertaken will not require
major changes to the adopted Negative Declaration.
c. The modified project does not require any new mitigation measures.
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Zoning Regulations Update
Page 7
2. The proposed Zoning Regulations Update, including proposed amendments
identified in this Addendum, would make revisions, additions, corrections and
clarifications to various sections of the Zoning Regulations to ensure consistency
and successful implementation of the Land Use and Circulation Element. The
proposed modifications to the previously-approved Zoning Regulations Update
are minor and consistent with the scope of the comprehensive Zoning Regulations
Update.
3. The changes are consistent with State Law, the City of San Luis Obispo Climate
Action Plan, and the City of San Luis Obispo General Plan.
Attached: Initial Study / Negative Declaration for the City of San Luis Obispo
Zoning Regulations Update (GENP-0327-2017)
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Addendum to Initial Study for GENP-0327-2017
Zoning Regulations Update
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ZONING REGULATIONS UPDATE
DRAFT INITIAL STUDY/NEGATIVE DECLARATION
(CITYWIDE; GENP-0327-2017)
JUNE 2018, Amended JULY 2018
INTRODUCTION
This document is an Initial Study to evaluate the potential environmental effects of the City of San Luis
Obispo’s proposed Zoning Regulations Update (also referenced as the “Project”). This document has
been prepared in accordance with the relevant provisions of the California Environmental Quality Act
(CEQA) of 1970 (as amended) and the State CEQA Guidelines as implemented by the City of San Luis
Obispo. This Initial Study/Negative Declaration (IS/ND) evaluates the potential direct, indirect, and
cumulative environmental effects associated with the Project, as proposed, and based on reasonable
assumptions outlined in this Initial Study. The proposed Zoning Regulations Update implements the
policies of the City’s Land Use and Circulation Element (LUCE) by classifying, defining, and regulating
the development and uses of land and structures within the City. The Project is described in detail below
(refer to Description of the Project).
BACKGROUND
In 2014, the City adopted a new General Plan Land Use and Circulation Element (LUCE) and certified
the associated Final Program Environmental Impact Report (EIR) (State Clearinghouse No.
2013121019; herein referred to as the “LUCE EIR”). The Land Use Element sets direction for the
orderly development of land within the City’s planning area, and the Circulation Element describes how
transportation will be provided in the community envisioned by the Land Use Element. Following
adoption of the LUCE, City Planning staff began the process of identifying which land use policies
would be most effectively implemented via changes to the City Zoning Regulations.
The Zoning Regulations are the key tool used to implement land use and circulation policies related to
parking management, transit, bicycling, and pedestrian accommodation. Zoning Regulations are
intended to guide the development of the city in an orderly manner, based on the adopted general plan,
to protect and enhance the quality of the natural and built environment, and to promote the public health,
safety and general welfare by regulating the use of land and buildings and the location and basic form of
structures. The Zoning Regulations Update is focused on implementation of the policies and programs in
the LUCE. The Update also provides an opportunity to incorporate best practices and to address
deficiencies identified by staff.
Additional background information regarding the Zoning Regulations Update is available on the City’s
website: http://www.slocity.org/government/department-directory/community-development/planning-
zoning/zoning/zoning-regulations-update
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PURPOSE AND LEGAL AUTHORITY
In accordance with the California Environmental Quality Act (Public Resources Code Section 21000, et.
Seq.) and the 2018 State CEQA Guidelines, as lead agency, the City of San Luis Obispo is required to
undertake the preparation of an Initial Study to determine whether the Project would have a significant
environmental impact. If, as a result of the Initial Study, the lead agency finds that there is evidence that
any aspect of the Project may cause a significant environmental effect, the lead agency shall further find
that an EIR is warranted to analyze Project-related and cumulative environmental impacts.
Alternatively, if the lead agency finds that there is no evidence that the Project, either as proposed or as
modified to include the mitigation measures identified in the Initial Study, may cause a significant effect
on the environment, the lead agency shall find that the Project would not have a significant effect on the
environment and shall prepare a Negative Declaration or Mitigated Negative Declaration (ND or MND)
for the Project. Such determination can be made only if “there is no substantial evidence, in light of the
whole record before the lead agency” that such an effect may occur (Section 21080(c), Public Resources
Code). Additionally, Section 15152 of the State CEQA Guidelines allows an EIR or ND to tier from the
environmental analysis of an earlier EIR or ND as follows:
“Tiering refers to using the analysis of general matters contained in a broader EIR (such as one prepared
for a general plan or policy statement) with later EIRs and negative declarations on narrower projects;
incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR
or negative declaration solely on the issues specific to the later project.” The State CEQA Guidelines
states that agencies “are encouraged to tier the environmental analyses which they prepare for separate
but related projects including general plans, zoning changes, and development projects. This approach
can eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on
the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the
sequence of analysis is from an EIR prepared for a general plan, policy, or program to an EIR or
negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or
negative declaration. Tiering does not excuse the lead agency from adequately analyzing reasonably
foreseeable significant environmental effects of the project and does not justify deferring such analysis
to a later tier EIR or negative declaration. However, the level of detail contained in a first tier EIR need
not be greater than that of the program, plan, policy, or ordinance being analyzed” (State CEQA
Guidelines Section 15152).
State CEQA Guidelines Section 15168 states that a Program EIR may be used with later activities as
follows:
“Use with Later Activities. Subsequent activities in the program must be examined in the light of the
program EIR to determine whether an additional environmental document must be prepared.
(1) If a later activity would have effects that were not examined in the program EIR, a new Initial Study
would need to be prepared leading to either an EIR or a Negative Declaration.
(2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation
measures would be required, the agency can approve the activity as being within the scope of the project
covered by the program EIR, and no new environmental document would be required.
(3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program
EIR into subsequent actions in the program.
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(4) Where the subsequent activities involve site specific operations, the agency should use a written
checklist or similar device to document the evaluation of the site and the activity to determine whether
the environmental effects of the operation were covered in the program EIR.
(5) A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects
of the program as specifically and comprehensively as possible. With a good and detailed analysis of the
program, many subsequent activities could be found to be within the scope of the project described in
the program EIR, and no further environmental documents would be required.”
The proposed Zoning Regulations Update would make revisions, additions, corrections and
clarifications to various sections of the Zoning Regulations to ensure consistency with and successful
implementation of the LUCE. Pursuant to CEQA, the City of San Luis Obispo has prepared this Initial
Study/Negative Declaration (IS/ND) to evaluate the potential environmental effects of the proposed
Zoning Regulations Update. This IS/ND addresses all environmental issues listed in Appendix G of the
State CEQA Guidelines. Since the Zoning Regulations update is consistent with the 2014 LUCE, this
IS/ND tiers with and incorporates, by reference, the City’s previously-certified Program EIR (September
2014) prepared for the LUCE pursuant to State CEQA Guidelines Sections 15150, 15152, and 15168.
This IS/ND, which is ultimately required to be adopted by the City Council in accordance with CEQA,
is intended as an informational document. Future land uses allowed pursuant to the Draft Zoning
Regulations would be subject to further entitlement review and project-specific use, development, and
design standards as required by the Zoning Regulations, as updated. Additionally, future land uses
would be subject to review on a project-specific basis, and if necessary, project-level CEQA review will
be required to determine project-specific impacts. Evaluation of future project-level impacts would be
too speculative to include in the IS/ND; State CEQA Guidelines Section 15145 (Speculation) states that
“if after thorough investigation, a Lead Agency finds that a particular impact is too speculative for
evaluation, the agency should note its conclusion and terminate discussion of the impact.” Based on the
analysis provided within this IS/ND, the City has concluded that adoption of the Draft Zoning
Regulations Update would not result in new significant impacts on the environment that have not been
previously examined or adequately addressed in the LUCE EIR. No new mitigation measures would be
required, and mitigation measures that were adopted for the LUCE EIR continue to remain applicable,
as such measures were incorporated into the General Plan following City Council’s adoption of the
LUCE.
PRIOR ENVIRONMENTAL DOCUMENTS
The LUCE Program EIR, from which this ND is tiered with, evaluated impacts associated with the
LUCE, including cumulative impacts associated with future development occurring under the LUCE.
The LUCE Program EIR is available for public review at the City of San Luis Obispo Community
Development Department, located at 919 Palm Street, San Luis Obispo, California, 93401. The certified
EIR for the LUCE Update is available on the City’s website:
http://www.slocity.org/government/department-directory/community-development/planning-
zoning/general-plan
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AMENDMENTS TO THE INITIAL STUDY
Minor amendments to this Initial Study have been made in order to clarify the use of this document in
relation to the LUCE Program EIR, and to provide additional source information as directed by the City
Planning Commission. Such minor amendments are indicated by underlined and italicized text and these
clarifications do not include any substantial revisions and do not change the analysis or conclusions of
the publicly circulated Initial Study / Negative Declaration.
Pursuant to State CEQA Guidelines Section 15073.5 (Recirculation of a Negative Declaration Prior to
Adoption), these clarifications do not constitute a substantial revision of the negative declaration
because: (1) no new, avoidable significant effects are identified and no new mitigation measures or
project revisions are required in order to reduce the level of effect to insignificance; (2) the lead agency
has not determined that any mitigation measures or project revisions would not reduce potential effects
to less than significant, and as such, no new measures or revisions are required.
Pursuant to State CEQA Guidelines Section 15073.5(c), recirculation of the Initial Study / Negative
Declaration is not required because: (1) new project revisions are added in response to written and
verbal comments on the project’s effects identified in the proposed negative declaration which are not
new avoidable significant effects, and (2) new information is added to the negative declaration which
merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 5
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: City of San Luis Obispo Zoning Regulations Update (GENP-0327-2017)
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: Doug Davidson, 805-781-7177
4. Project Location: Citywide
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 Designations: Multiple (Citywide)
7. Zoning: Multiple (Citywide)
8. Description of the Project:
In 2014, the City adopted a new General Plan Land Use and Circulation Element (LUCE) and
certified the associated Final Program Environmental Impact Report (EIR) (State Clearinghouse
No. 2013121019). The LUCE is the City’s guiding land use and circulation plan that
encompasses the City’s vision for the future through the year 2035. The land use component sets
direction for “the orderly development of land within the City’s planning area”, and the
circulation component describes “how transportation will be provided in the community
envisioned by the Land Use Element.”
The Zoning Regulations are the key tool used to implement land use and circulation policies
related to the use of land, buildings, location and form of structure, parking management, transit,
bicycling, and pedestrian accommodation. Zoning Regulations are intended to guide the
development of the city in an orderly manner, based on the adopted general plan, to protect and
enhance the quality of the natural and built environment, and to promote the public health, safety
and general welfare. The Zoning Regulations Update is focused on implementation of the
policies and programs in the LUCE. The update also provides an opportunity to incorporate best
practices and to address deficiencies identified by staff in working with the document daily.
Additional information regarding the proposed Zoning Regulations Updates is available online
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 6
on the City’s website at: http://www.slocity.org/government/department-directory/community-
development/planning-zoning/zoning/zoning-regulations-update
Key revisions made to the Zoning Regulations are as follows:
1) Restructured the document to improve ease of use
2) Land use tables simplified to consolidate similar uses (e.g., offices), reflect modern land use
practices, and create flexibility over time
3) Created more objective standards for the review of multi-unit residential development and
mixed-use developments consisting of at least two-thirds residential (in response to recent
State law)
4) New development standards for the R-1 and R-2 zones to address neighborhood
compatibility outlined in LUCE policies 2.12 and 2.13
5) Revised parking regulations for motor vehicles and bicycles to achieve the City’s 50 percent
mode shift objective and to provide more precise shared parking provisions
6) Codified conditions routinely applied to specific uses (e.g., alcohol establishments, bed and
breakfast establishments)
7) Clarified provisions for mixed-use developments and required usable and purposeful ground-
floor commercial space for mixed-use developments
8) On a target basis, included regulations to address the current City’s Climate Action Plan
(CAP), with the understanding that the CAP is being updated and subsequent follow-up will
be required (and that many CAP programs are implemented through avenues other than the
Zoning Regulations)
9) Responded to policy direction from the City Council provided at its April 10, 2018 workshop
regarding:
how density is calculated
regulation of rooftop uses
adequacy of alcohol outlet regulations
tiny homes on wheels
consolidating and streamlining the development review process
updating parking regulations
Additional ordinance amendments proposed in conjunction with updating the Zoning
Regulations include applying a Downtown Overlay on parcels zoned C-R (Retail Commercial)
within the and rezoning property on north Broad Street from R-1 to R-1-S.
The proposed Zoning Regulations Update is organized into nine articles that are further broken
up into chapters. Each article contains chapters covering specific topics. Some of the specific
chapters likely to be of high interest are identified below.
Article 1 – Enactment, Applicability, and Enforcement. This Article identifies the purpose and
applicability of the Zoning Regulations, and rules and procedures of interpretation. The updated
regulations now include the document’s relationship to other guidelines and regulations.
Article 2 – Zones, Allowable Uses, and Development and Design Standards. The purpose of this
Article is to identify those land uses that may be established in conjunction with any buildings,
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 7
improvements, lots, or premises within the zones established by Chapter 17.06 (Zones
Established and Zoning Map). This Article includes use regulations by zone, including the
purpose and application of each zone, and zone-specific development standards including
density, lot size and dimensions, setbacks, height, and impervious area. Consistent with the Land
Use Element, the Update recommends a minimum density of 20 units per acre in the R-3 zone.
Consistent with the intent of the Medium Density Residential, Medium-High Density
Residential, and High Density Residential land use categories identified in the Land Use
Element, the proposed Update clarifies that at least two units shall be allowed on each parcel in
the R-2 zone, at least three units shall be allowed on each parcel in the R-3 zone, and at least four
units shall be allowed on each parcel in the R-4 zone. In addition, the Update proposes that at
least two units shall be allowed on each parcel in the Office (O) zone. This Article also identifies
prohibited uses and specified requirements for certain uses within identified zones. This Article
includes procedures and standards for overlay zones and Special Focus areas.
Article 3 – Regulations and Standards Applicable to All Zones. This Article identifies site
development and general development standards, such as (and not limited to) permitted
projections into required setbacks, intersection sight distance, height measurement and
exceptions, accessory structures, coverage, density, provisions for fences and walls, night sky
preservation, performance standards related to air quality, energy conservation, water quality,
noise, property maintenance standards, and public art requirements.
Key updates include specifying density for units less than 600 square feet (including studios and
one-bedroom units) as 0.50 density units; providing clarifications and additional provisions for
edge conditions, that support a floor/area ratio (FAR) reduction, buffers between low-density
residential zones or open space area and zones that permit development of higher intensity, and
standards for windows, driveways, trash and recycling areas, and hours of operation that address
privacy, light and glare, and noise; providing provisions for rooftop open space that would
minimize potential noise impacts on residential (R-1) properties as consistent with the Municipal
Code; clarifying hillside development standards consistent with the goals of the Land Use and
Conservation and Open Space Elements; provision of additional limitations, design standards,
pedestrian access requirements for mixed-use developments to further land use and architectural
compatibility, public health, and safety; addition of a new section addressing no net loss of
residential units, which implements General Plan policies guiding land use and housing
preservation; modification of parking requirements to ensure provision of adequate off-street
vehicle and bicycle parking, minimize the negative environmental and urban design impacts that
can result from parking lots, driveways, and drive aisles, and accommodate and encourage
increased use of alternative fuel and zero-emission vehicles; and clarified performance standards
for development.
Article 4 – Regulations for Specific Land Uses and Activities. The purpose of Article 4 is to
establish standards for the location, site planning, development, and operations of certain land
uses that are allowed by within individual or multiple zones, and for activities that require
special standards to mitigate their potential adverse impacts. This Article includes regulations,
performance standards, and restrictions for specific land uses and activities, including accessory
dwelling units and guest quarters, adult entertainment businesses, alcoholic beverage sales, dog
boarding and kennels, bed and breakfast establishments, commercial recreation, convenience
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stores, electronic game amusement centers, family day care, food trucks, general markets and
retail, group housing, high occupancy residential use, home occupations, homeless shelters,
homestay rentals, manufacturing, offices uses, outdoor sales, parking as a principal use, pools
and pool equipment, recreational vehicles, recycling facilities, safe parking, satellite dish
antennas, schools, service and fueling stations, temporary and intermittent uses, utilities, vending
machines, wireless telecommunications facilities.
Article 5 – Noncomformities. This Article addresses nonconforming structures, uses, and lots,
including limits on reconstruction, provisions for exceptions, and associated regulations. This
Article is intended to provide for the correction or removal of nonconforming structures as soon
as practical, but not unduly encumber maintenance and continued use of otherwise sound
structures.
Article 6 – Permit Procedures. This Article 6 establishes the overall structure for the application,
review, and action on City-required permit applications, and identifies and describes those
discretionary permits and other approvals required by these Zoning Regulations in Table 6-1
(Review Authority).
Article 7 – Administration of Zoning Regulations. The purpose of this Article is to describe the
authority and responsibilities of the Director, Planning Commission, Architectural Review
Committee, and Council in the administration of the Zoning Regulations.
Article 8 – Housing-related Regulations. The purpose and intent of this Article are: 1) to promote
the public welfare by increasing the production and availability of affordable housing units and
2) to establish an inclusionary housing requirement which implements General Plan policies
guiding land use and housing development. This Section addresses inclusionary housing
requirements, establishment of the affordable housing fund, in-lieu fees and real property
dedication, incentives, application and program requirements and restrictions, affordable housing
agreements, and fees. This Article also includes Downtown housing conversion regulations,
residential growth-management regulations, and residential occupancy standards.
Article 9 – Definitions. This Article provides definitions of the technical and other terms and
phrases used in Title 17 (Zoning Regulations) as a means of providing consistency in its
interpretation.
9. Project Entitlements: Adoption of Zoning Regulations by the City Council, based on
recommendations from the Planning Commission, formal referral to the Airport Land Use
Commission
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10. Surrounding Land Uses and Settings: Multiple (Citywide)
11. Have California Native American tribes traditionally and culturally affiliated with the
project area requested consultation pursuant to Public Resources Code Section 21080.3.1?
If so, has consultation begun?
On April 26, 2018, local Native American tribal groups were formally noticed that an Initial
Study of Environmental Impact was being completed for the proposed Zoning Regulations
Update and invited to provide consultation on the proposed project. No tribal representatives
requested a formal consultation; however, two representatives discussed the proposed Zoning
Regulations with City Staff and one requested specific policy language to be included in the
Zoning Regulation Update (refer to Initial Study Section 17 Tribal Cultural Resources).
12. Other public agencies whose approval is required: County of San Luis Obispo Airport Land
Use Commission (formal referral, determination of consistency with Airport Land Use Plan).
13. Use of this Initial Study as a tiered document.
The LUCE Program EIR evaluated all environmental impacts as required by CEQA and
included measures to mitigate certain impacts. The Zoning Regulations is an implementing
extension of the LUCE. All EIR mitigation measures relevant to Zoning Regulations have
already been added to other policy documents, such as the Land Use Element and Safety
Element. No EIR mitigation measures were specific to the Zoning Regulations Update. However,
as the Zoning Regulations is facilitating growth as directed from the LUCE, a major focus of this
Initial Study is to review for consistency with the LUCE EIR and determine if any of the changes
to the Zoning Regulations would result in new significant impacts not previously evaluated in the
LUCE EIR. As is identified in the following Environmental Factors summary table, no new
potentially significant impacts were identified. It is important to note that under each of the
environmental factors discussed that most of the analysis, proposed mitigation, and conclusions
are from the LUCE as it relates to the Zoning Regulations Update. It is provided in this Initial
Study intending to show the level of environmental review performed as well as used as a basis
to show consistency with the LUCE EIR.
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this Project, beyond what
was determined in the Land Use and Circulation Element Program Environmental Impact Report, as
indicated by the checklist on the following pages.
Aesthetics Greenhouse Gas Emissions Population / Housing
Agriculture Resources Hazards & Hazardous Materials Public Services
Air Quality Hydrology / Water Quality Recreation
Biological Resources Land Use / Planning Transportation / Traffic
Cultural Resources Mineral Resources Tribal Cultural Resources
Geology / Soils Noise Utilities / Service Systems
Mandatory Findings of Significance
FISH AND WILDLIFE FEES
The Department of Fish and Wildlife has reviewed the CEQA document and written no effect
determination request and has determined that the project will not have a potential effect on fish, wildlife,
or habitat (see attached determination).
X
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 Wildlife for review and comment.
STATE CLEARINGHOUSE
X
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 Wildlife, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
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DETERMINATION (To be completed by the Lead Agency):
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.
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, by or agreed to by the project proponent. 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 although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that
earlier EIR, including revisions or mitigation measures that are imposed upon the proposed
project, nothing further is required.
X
7-25-18
Signature Date
Tyler Corey, Principal Planner For: Michael Codron,
Printed Name Community Development Director
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 12
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 parentheses following each question. A “No Impact” 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 may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, 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 19, "Earlier Analysis," as described in (5) below, may be cross-
referenced).
5. 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.
8. 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
Attachment 2
Packet Page 47
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 13
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 1,2,3,
4,5 X
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, open space, and historic
buildings within a local or state scenic highway?
1,2,3,
4,5 X
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
1,2,3,
4,5 X
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
1,2,3,
4,5,6 X
Evaluation
The City is located eight miles from the Pacific Ocean and lies at the convergence of two main drainages: The Los Osos Valley
which drains westerly into Morro Bay via Los Osos Creek, and San Luis Valley which drains to the south-southwest into the
Pacific Ocean at Avila Beach via the San Luis Obispo Creek. The topography of the city and its surroundings is generally
defined by several low hills and ridges such as Bishop Peak and Cerro San Luis. These peaks are also known as Morros and
provide scenic focal points for much of the City. The Santa Lucia Mountains and Irish Hills are the visual limits of the area and
are considered the scenic backdrop for much of the City. The surrounding hills have created a hard, urban edge where
development has remained in the lower elevations.
a),b)The Circulation Element and Conservation and Open Space Element (COSE) identify scenic roadways and specific scenic
vistas (Circulation Element Figure 3 Scenic Roadways and COSE Figure 11: Scenic Roadways and Vistas). The LUCE
EIR identifies important scenic corridors, including roadways determined to have high and moderate scenic value (refer to
LUCE EIR Section 4.1 Aesthetics Table 4-1-1. Important Scenic Corridors). Roadways with high scenic value within the
City include: U.S. Highway 101 (from the southern city limit to Marsh Street); South Higuera Street (between Prado Road
and the southern city limit); Broad Street (between Perkins lane and the southern city limit); Tank Farm Road (between
Board and Higuera Street; and east of the UPRR tracks); Johnson Avenue (in the vicinity of Bishop Street); Los Osos
Valley Road (west of Laguna Lane to the city limit); and Santa Rosa Street (between Boysen Avenue and the northern city
limit). Identified scenic features in the City include: the Morros; Santa Lucia Mountains; Irish Hills; Laguna Lake; Open
Space and agricultural fields surrounding the city; historic buildings; Downtown Core streetscape; Mission Plaza; creeks;
particularly San Luis Obispo Creek in the Downtown Core; and Mill Street (between Johnson Avenue and Pepper Street)
(refer to LUCE EIR Section 4.1 Aesthetics, Table 4.1-2. Scenic Features in the City).
The Land Use Element (LUE), Circulation Element, and COSE include policies and programs for open space and hillside
protection, development limits and standards within hillside planning areas. The LUE includes goals, policies and programs
to protect degradation to the existing visual character and its surroundings from the increase of urbanization along the
viewing corridors and scenic roadways. The following policies and programs address potential degradation of existing
visual characteristics: 1.4 Urban Edges Character; 1.8.1 Open Space Protection; 2.3.10 Site Constraints; 4.10 Open Places
and Views; 4.17 New Buildings and Views; 4.20.4 Building Height; 4.26 Visual Resource Study; 6.2.1 Resource Mapping;
6.4 Hillside Policies; and 6.4.1 The City shall maintain comprehensive standards and policies for hillside development. In
addition, the Circulation Element and COSE contains numerous applicable policies and programs in Circulation Element
Section 15 Scenic Roadways and COSE Chapter 9 Views.
LUCE EIR Conclusion
The LUCE EIR concluded that “development under the LUCE Update would introduce new development along viewing
corridors and scenic roadways, including state scenic highways, in the San Luis Obispo area. This could have a substantial
adverse effect on scenic resources or an identified visual resource or scenic vista from a public viewing area. With the
incorporation of the proposed LUCE Update policies and existing City policies, potential impacts to such views are
considered Class III, less than significant” (LUCE EIR Section 4.1 Aesthetics, Impact AES-1).
Attachment 2
Packet Page 48
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 14
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Project includes revisions, additions, corrections, and clarifications to various sections of the Zoning
Regulations in order to provide a regulatory structure to implement the LUCE. The proposed Project would not change the
property development standards (i.e. density, parcel size, setback, height, impervious area) identified for each zone except
for the following:
Residential R-3 zone (change from 18 to 20 units per net acre)
Allow a minimum of two density units on parcels within the R-2 (Medium Residential Density) zone
Allow a minimum of three density units on parcels within the R-3 (Medium-High Density) zone
Allow a minimum of four density units on parcels within the R-4 (High Density) zone
O (Office) zone (change maximum height from 25 to 35 feet).
Allow a minimum of two density units on parcels within the O (Office) zone
PF (Public Facilities) zone – maximum height may be increased up to 50 feet for City-owned facilities
Proposed overlay zone for Upper Monterey (Santa Rosa to Pepper Street) from C-R (Retail Commercial;
maximum height 45 feet) to C-R-D (Downtown overlay; maximum height 50 feet, can be increased up to 75 feet
with incentives)
New requirements for edge conditions would result in beneficial effects by facilitating improved neighborhood
compatibility and transitions between zones. The edge conditions regulations support a buffer between low-density
residential zones or open space areas and zones that permits development of higher intensity. Where multi-unit residential
zones or commercial zones are adjacent to lower intensity residential or open space zones, development shall incorporate
elements in the site design and building design to soften its impact and to result in a compatible transition to the sensitive
zone.
Similar to what was assessed in the LUCE EIR, potential impacts resulting from implementation of the Project may
include: blockage of views by construction equipment and staging areas; disruption of views by temporary signage;
exposure of slopes and removal of vegetation; structural development within identified scenic areas; and view blockages by
new structures, signs, and parking areas. The proposed Project does not include any updates or amendments that would be
inconsistent with existing General Plan policies and architectural guidelines in place to protect scenic vistas and other
scenic resources. The proposed changes to allow increases in residential density within the R-3 zone and establishing a
minimum number of dwelling units within the R-2, R-3, R-4, and O zones would be consistent with the analysis and
conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling density for
the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4. Residential
Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High and High
Density Residential and Office land use designations to provide multi-family and other residential opportunities (see LUE
Table 1. General Plan Land Use Designations and Development Standards within the LUCE Planning Sub-area),
development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as
disclosed in the LUCE EIR, and future development would be subject to performance and design standards established for
these multi-family residential and office zones.
The proposed changes to allow 10 feet of increased height in the O zone (up to 35 feet) and allowance of two density units
on each parcel in the O zone would be consistent with the analysis and conclusions presented in the LUCE EIR because the
existing setting includes buildings in the O zone that exceed 25 feet in height (as currently allowed based on consideration
of an Administrative Use Permit), existing O zones in the City currently support a mix of residential and office uses, and
future development would be subject to site and project-specific analysis including consistency with General Plan policies
and Community Design Guidelines that require consideration of scenic resources during the architectural review and
entitlement process. The proposed changes to allow 15 feet of increased height in the PF zone (limited to City-owned
facilities), would not be inconsistent with the analysis and conclusions presented in the LUCE EIR because future
development would be subject to site and project-specific analysis including consistency with General Plan policies and
Community Design Guidelines that require consideration of scenic resources during the architectural review and
entitlement process.
Attachment 2
Packet Page 49
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 15
The proposed overlay zone for Upper Monterey (from C-R to C-R-D) would allow for additional building height along this
corridor, resulting in an expected increase of 5 feet, with provisions for an additional 30 feet based on incorporation of
specific incentives identified in the Zoning Regulations Update. This would not be inconsistent with the analysis and
conclusions presented in the LUCE EIR because allowable density would not change, the potential impacts associated with
potential future structural development in compliance with the proposed regulations would not result in any new
significant impacts beyond what is identified in the LUCE EIR as identified in LUCE EIR Section 4.1 Aesthetics, Impact
AES-1), and future development would be subject to site and project-specific analysis including consistency with General
Plan policies and Community Design Guidelines that require preparation of visual resource studies and consideration of
scenic resources during the architectural review and entitlement process (refer to LUE Chapter 4 (Downtown) 4.17 New
Buildings and Views, 4.20 Design Principles, 4.20.4 Building Height: “New buildings shall fit within the context and scale
of existing development, shall respect views from, or sunlight to, publicly-owned gathering places…and should be stepped
back…to maintain a street façade that is consistent with the historic pattern of development” and Conservation and Open
Space Element Chapter 9 (Views) 9.1.2 Urban development: “Urban development should reflect its architectural context”,
9.1.5 View protection in new development, 9.2.1 Views to and from public places, and 9.3.5 Visual assessments: “Require
evaluations (accurate visual simulations) for projects affecting important scenic resources and views from public places”.
Furthermore, the proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future
land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations,
performance standards and design standards that address the preservation of scenic vistas and scenic resources, including
those set forth in the Zoning Regulations, as updated, and the General Plan. Pursuant to CEQA, future new land uses that
occur pursuant to the proposed Zoning Regulations update would be subject to their own environmental review on a
project-by-project basis to assess impacts on scenic vistas. Therefore, the proposed Project would not have a substantial
adverse effect on a scenic vista. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE. The
proposed modifications to height development standards would result in potentially significant impacts to scenic views
consistent with LUCE EIR, Section 4.1 Aesthetics, Impact AES-1, and the resulting impact would be less than significant
based on compliance with the General Plan. Therefore, there would be no new scenic vista impacts that have not been
previously examined or adequately addressed in LUCE EIR Section 4.1 Aesthetics.
c) As described in LUCE EIR Section 4.1 Aesthetics, the City combines a compact urban form in a rural setting and does not
have one character, but several, transitioning from urban in its Downtown Core to more suburban along the edges. The city
has been successful in maintaining an urban or suburban character, while retaining a more rural character outside the city.
This is most clearly demonstrated in the Laguna Lake area where Los Osos Valley Road (LOVR) leaves the city, and the
relative dense housing stops abruptly, giving way to open space and agriculture in the county. A similar phenomenon is
visible in many other areas, notably as one travels west on Foothill Boulevard; south on Johnson Avenue and turns left on
Orcutt Road; or even as one leaves the city on Broad Street to the south. To a large extent, this is also true as a traveler
leaves the city to the north, on either Highway 1 or 101. LUCE EIR Section 4.1 Aesthetics includes descriptions of several
defined areas of the city, including: Downtown Core; Older Downtown Residential Neighborhoods; Foothill Boulevard
Neighborhoods; Johnson Avenue Neighborhoods; Neighborhoods South of Tank Farm Road; Laguna Lake Residential
Area; Laguna Lake Freeway Commercial and Auto Center Area; Mid‐ and South Higuera Street; and South Broad Street.
LUCE EIR Conclusion
The LUCE emphasizes both reuse of existing urbanized lands, infill development on vacant parcels, and new development
on vacant parcels near urban areas. The LUCE EIR concludes that “the development of such areas could degrade the
existing visual character and its surroundings. With the incorporation of the proposed LUCE Update and existing City
policies and programs, potential impacts related to existing visual character changes are considered Class III, less than
significant” (LUCE EIR Section 4.1 Aesthetics, Impact AES-2).
Attachment 2
Packet Page 50
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 16
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to what was assessed in the LUCE EIR, the intensification of land use anticipated to occur in certain areas of the
city may be considered degradation of the existing visual character and its surroundings to some viewers due to the
presence of larger buildings and the corresponding reduction in vacant land within the city’s framework. However, the
reuse and intensification of already developed areas would be expected to reduce the pressure for development at the city’s
periphery, thus minimizing the potential for the loss of open lands adjacent to the city, protected for their visual character.
The LUCE states that much of the intensification and reuse that would occur would also generally be expected to enhance
the visual character of the community. In particular, it is anticipated that future redevelopment in the South Broad Street
Special Planning Area would enhance visual quality by adding attractive infill development (LUCE EIR Section 4.1
Aesthetics).
As required by the existing and proposed Zoning Regulations, new development projects are subject to varying levels of
design review by the Community Development Director, Architectural Review Commission, Planning Commission, and
when required, the City Council to ensure consistency with the General Plan and Community Design Guidelines. The
proposed Project includes revisions, additions, corrections, and clarifications to various sections of the Zoning Regulations
in order to provide a regulatory structure to implement the LUCE. The proposed Project would not change the property
development standards (i.e. density, parcel size, setback, height, impervious area) identified for each zone except for the
standards noted above (refer to Initial Study Section 1 Aesthetics, discussion under a). The proposed Project would not
result in new development in areas where such development is prohibited under the LUCE.
The proposed Project does not include any updates or amendments that would be inconsistent with existing General Plan
policies and architectural guidelines in place to protect visual character. The proposed changes to increase density within
the R-3 zone and allow a minimum number of dwelling units within the R-2, R-3, R-4 and O zones would be consistent
with the analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum
dwelling density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table
4. Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High
and High Density Residential and Office land use designations to provide multi-family and other residential opportunities
(see LUE Table 1. General Plan Land Use Designations and Development Standards within the LUCE Planning Sub-area),
development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as
disclosed in the LUCE EIR, and future development would be subject to performance and design standards established for
these multi-family residential and office zones.
The proposed changes to allow 10 feet of increased height in the O zone (up to 35 feet) and allowance of two density units
on each parcel in the O zone would not be inconsistent with the analysis and conclusions presented in the LUCE EIR
because the existing setting includes buildings in the O zone that exceed 25 feet in height (as currently allowed based on
consideration of an Administrative Use Permit), existing O zones in the City currently support a mix of residential and
office uses, and future development would be subject to site and project-specific analysis including consistency with
General Plan policies and Community Design Guidelines that require consideration of scenic resources during the
architectural review process.
The proposed changes to allow 15 feet of increased height in the PF zone (limited to City-owned facilities), would not be
inconsistent with the analysis and conclusions presented in the LUCE EIR because future development would be subject to
site and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that
require consideration of scenic resources during the architectural review process.
The proposed overlay zone for Upper Monterey (from C-R to C-R-D) would allow for additional building height along this
corridor, resulting in an expected increase of 5 feet, with provisions for an additional 30 feet based on incorporation of
specific incentives identified in the Zoning Regulations Update. This would be consistent with the analysis and conclusions
presented in the LUCE EIR because allowable density would not change, and future development would be subject to site
and project-specific analysis including consistency with General Plan policies and Community Design Guidelines that
Attachment 2
Packet Page 51
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 17
require preparation of visual resource studies and consideration of scenic resources and neighborhood character during the
architectural review and entitlement process.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards
and design standards that address the visual character and edge conditions, including those set forth in the Zoning
Regulations, as updated, and the General Plan. Pursuant to CEQA, future new land uses that occur pursuant to the proposed
Zoning Regulations update would be subject to their own environmental review on a project-by-project basis to assess
impacts on scenic vistas. Therefore, the proposed Project would not have a substantial adverse effect on visual character.
Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE. The
proposed modifications to height development standards would result in potentially significant impacts to visual character
consistent with LUCE EIR, Section 4.1 Aesthetics, Impact AES-2, and the resulting impact would be less than significant
based on compliance with the General Plan. Therefore, there would be no new visual character impacts that have not been
previously examined or adequately addressed in LUCE EIR Section 4.1 Aesthetics.
d) Existing development in the City, including private development and associated exterior lighting, street lights within the
public right-of-way, and other lighting associated with parks and public facilities generate ambient light visible within the
City. Additional existing sources of light and glare include glass windows and facades and vehicle headlights. All
development in the City is subject to the City’s Night Sky Preservation Ordinance, which establishes “outdoor lighting
regulations that encourage lighting practices and systems that will: A. Permit reasonable uses of outdoor lighting for
nighttime safety, utility, security and enjoyment while preserving the ambience of night; B. Curtail and reverse any
degradation of the nighttime visual environment and the night sky; C. Minimize glare and obtrusive light by limiting
outdoor lighting that is misdirected, excessive, or unnecessary; D. Help protect the natural environment from the damaging
effects of night lighting; E. Meet the minimum requirements of the California Code of Regulations for Outdoor Lighting
and Signs (Title 24, Chapter 6)”.
LUCE EIR Conclusion
The LUCE EIR states that “proposed development in accordance with the LUCE Update would introduce new sources of
light and glare. However, adherence to policies included in the Zoning Ordinance and Community Design Guidelines
would reduce potential impacts to a Class III, less than significant, level” (LUCE EIR Section 4.1 Aesthetics, Impact AES-
3).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the impact analysis for the LUCE, development in accordance with the proposed Project could increase the
ambient nighttime lighting throughout the city. Increased glare could potentially occur as a result of building materials,
roofing materials, and windows reflecting sunlight. Areas that would experience the greatest potential for increased lighting
are those areas likely to experience the greatest development potential. The proposed Project does not include any updates
or amendments that would be inconsistent with the Night Sky Preservation Ordinance. In addition, future development is
subject to proposed performance standard regulations for light and glare, which state that “Every existing or proposed
use, activity, or process or portion thereof producing glare shall be shielded in such a manner that the glare is not
perceptible at or beyond any property line” (proposed Zoning Regulations Section 17.74.080, Light and Glare).
The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Zoning Regulations update would be required to conform to all applicable regulations performance standards and
design standards that address lighting and glare, including those of the Night Sky Preservation Ordinance. Therefore, the
proposed Zoning Regulations Update would not have a substantial adverse effect related to light and glare. Impacts would
Attachment 2
Packet Page 52
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 18
be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no physical changes related to increased light or glare that have not been previously examined or
adequately addressed in LUCE EIR Section 4.1 Aesthetics.
2. AGRICULTURE RESOURCES. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
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?
1, 4 X
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract? 1, 4 X
c) Involve other changes in the existing environment which, due
to their location or nature, could result in conversion of
Farmland to non-agricultural use?
1, 4 X
Evaluation
The city is located in the heart of San Luis Obispo County and the Central Coast Region, both of which are important key
agricultural centers within the State of California. The region’s agricultural industry is an important part of the local economy.
It provides employment and income directly for those in agriculture, and it helps drive growth in the tourism industry, which in
turn generates further economic activity and consumer spending.
a), c) As shown on LUCE EIR Section 4.2 Agricultural Resources, Figure 4.2-2 City of SLO Planning Area Prime Soils in
Agriculture, Prime Farmland and Farmland of Statewide Importance is present within the City. The LUE includes several
policies specific to open space and agricultural protection, including but not limited to the following:
Policy 1.9.1. Agricultural Protection: The City shall support preservation of economically viable agricultural operations
and land within the urban reserve and city limits. The City should provide for the continuation of farming through steps
such as provision of appropriate general plan designations and zoning.
Policy 1.9.2. Prime Agricultural Land: The City may allow development on prime agricultural land if the development
contributes to the protection of agricultural land in the urban reserve or greenbelt by one or more of the following methods,
or an equally effective method: acting as a receiver site for transfer of development credit from prime agricultural land of
equal quantity; securing for the City or for a suitable land conservation organization open space or agricultural easements
or fee ownership with deed restrictions; helping to directly fund the acquisition of fee ownership or open space easements
by the City or a suitable land conservation organization. Development of small parcels which are essentially surrounded by
urbanization need not contribute to agricultural land protection.
LUCE EIR Conclusion
The LUCE EIR concluded that “future development in accordance with the LUCE Update could occur on prime farmland,
unique farmland, and/or farmland of statewide importance. Buildout within the City Limits would result in Class II,
significant but mitigable impacts to agricultural conversion” (LUCE EIR Section 4.2 Agricultural Resources, Impact AG-
2).
The LUCE EIR determined that Impact AG-2 would be mitigated to less than significant by implementation of the
following policy, which was incorporated in the adopted LUE: “LUE Policy 1.8.1. Open Space Protection: Within the
Attachment 2
Packet Page 53
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 19
City's planning area and outside the urban reserve line, undeveloped land should be kept open. Prime agricultural land,
productive agricultural land, and potentially productive agricultural land shall be protected for farming. Scenic lands,
sensitive wildlife habitat, and undeveloped prime agricultural land shall be permanently protected as open space”.
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, build-out pursuant to the Zoning Regulations update would facilitate the
development and redevelopment of lands within the City of San Luis Obispo, and future development in accordance with
the Project could occur on prime farmland, unique farmland, farmland of statewide importance, and other farmland within
the City. Adherence to the City’s standard of practice regarding agricultural soils and farmland for new development
projects and its enforcement of the General Plan policies regarding preservation of farmland will ensure that development
on prime farmland, unique farmland, and/or farmland of statewide importance is a less than significant impact. In addition,
individual development would be required to undergo separate environmental review, which may result in specific impacts
that require project specific mitigation consistent with these existing policies.
The proposed Project, by itself, does not propose or authorize any development. As future development is proposed, the
City will be required to ensure consistency with the General Plan. Therefore, the proposed Zoning Regulations Update
would not have a substantial adverse effect on agricultural resources. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project does not include any updates or amendments that would be inconsistent with General Plan policies in
place to ensure no net loss of Farmland, and there are no proposed changes to allowable lot coverage that would have the
potential to result in increased impacts to agricultural resources not already assessed in the LUCE EIR. The proposed
Project does not include any changes that would result in the conversion of Farmland beyond what was analyzed in the
LUCE EIR, because the proposed Project would not result in new development in areas where such development is
prohibited under the LUCE. Therefore, there would be no physical changes related to agricultural resource impacts that
have not been previously examined or adequately addressed in LUCE EIR Section 4.2 Agricultural Resources.
b) There are no large tracks of land within the city limits currently in commercial agricultural production, with the exception
of the San Luis Obispo City Farm located adjacent to Calle Joaquin Road and U.S. Highway 101. In addition, four
community gardens provide small plots of land to the public to grow small-scale agriculture, but these are within the urban
context of the developed city. The largest piece of land adjacent to the city in production is the San Luis Ranch area, an
identified Specific Plan Area that is currently pending annexation into the City. As shown on LUCE EIR Section 4.2
Agricultural Resources, Figure 4.2-3 City of SLO Planning Area Williamson Act Properties, there are no areas within the
City limits that are under Williamson Act contract.
LUCE EIR Conclusion
The LUCE EIR states that “the LUCE Update could alter the existing land use and zoning on sites throughout the city and
may result in incompatibilities with adjacent urban and agricultural uses. However, the General Plan reduces land use
conflicts through policies and plan review. Therefore, impacts that would occur from development would be Class III, less
than significant” (LUCE EIR Section 4.2 Agricultural Resources, Impact AG-1). The LUCE EIR states that adherence to
the City’s standard of practice regarding agricultural compatibility for new development projects and its enforcement of the
General Plan policies regarding preservation of agricultural operations will ensure that agricultural uses and compatibility
with urban development is a less than significant impact.
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR Section 4.2 Agricultural Resources, buildout of the City pursuant to the Zoning
Regulations Update would facilitate the development and redevelopment of residential uses in areas of the city near
Attachment 2
Packet Page 54
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 20
agricultural areas. Residential development adjacent to farmland can result in impacts related to existing farm operations,
including direct impacts related to fencing, theft, soil compaction and crop damage due to trespass, and decreased air
quality and creation of fugitive dust (which can affect crop production). Placement of residences adjacent to cultivated
agriculture can also have economic impacts to growers. Based on compliance with the General Plan, including but not
limited to COSE Program 8.7.1 (Protect open space resources), potential impacts would be less than significant.
The proposed Project, by itself, does not propose or authorize any development. As future development is proposed, the
City will be required to ensure consistency with the General Plan. Therefore, the proposed Zoning Regulations Update
would not have a substantial adverse effect on agricultural resources. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project does not include any updates or amendments that would be inconsistent with General Plan policies in
place to minimize potential land use incompatibilities, and there are no proposed changes to allowable lot coverage that
would have the potential to result in increased impacts to agricultural resources not already assessed in the LUCE EIR. The
proposed Project does not include any changes that would result in any addition agricultural impacts beyond what was
analyzed in the LUCE EIR, because the proposed Project would not result in new development in areas where such
development is prohibited under the LUCE. Therefore, there would be no physical changes related to agricultural resource
impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.2 Agricultural Resources.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air
quality plan?
1, 2, 3,
4, 7,38 X
b) Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
1, 2, 3,
4, 6, 7,
8, 38
X
c) Result in a cumulatively considerable net increase of any
criteria 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)?
1, 2, 3,
4, 6, 7,
8, 38
X
d) Expose sensitive receptors to substantial pollutant
concentrations?
1, 2, 3,
4, 6, 8,
38
X
e) Create objectionable odors affecting a substantial number of
people?
1, 2, 3,
4, 6, 8 X
Evaluation
Air quality in the San Luis Obispo region of the County is characteristically different than other regions of the County (i.e., the
Upper Salinas River Valley and the East County Plain), although the physical features that divide them provide only limited
barriers to transport pollutants between regions. The County is designated non-attainment for the one‐hour California Ambient
Air Quality Standards (CAAQS) for ozone and the CAAQS for respirable particulate matter (PM10). The County is designated
attainment for national ambient air quality standards (NAAQS).
a) The San Luis Obispo Air Pollution Control District (SLOAPCD) adopted the 2001 Clean Air Plan (CAP) in 2002, and the
CAP has not been updated following certification of the LUCE EIR. The 2001 CAP is a comprehensive planning document
intended to provide guidance to the SLOAPCD and other local agencies, including the City, on how to attain and maintain
the state standards for ozone and PM10. The CAP presents a detailed description of the sources and pollutants which
impact the jurisdiction, future air quality impacts to be expected under current growth trends, and an appropriate control
strategy for reducing ozone precursor emissions, thereby improving air quality.
Attachment 2
Packet Page 55
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 21
LUCE EIR Conclusion
The LUCE EIR included a consistency analysis, which evaluated implementation of the LUCE against the land use goals,
policies, control measures, and population projections contained in the CAP (refer to LUCE EIR Section 4.3 Air Quality,
Impact AQ-2, Long-term). Based on this analysis, the LUCE EIR concluded that “implementation of the LUCE Update
would not be consistent with the assumptions contained in the most recent version of the APCD’s CAP even with the
incorporation of the proposed LUCE Update policies and existing City policies. Thus, long‐term air quality impacts are
considered Class I, significant and unavoidable” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). Upon
certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding
Considerations for this significant and unavoidable impact.
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations and LUCE and COSE
policies and programs that relate to air quality (refer to COSE Section 2 Air) and CAP Control Measures (refer to LUCE
EIR, Section 4.3 Air Quality, Table 4.3-1 Clean Air Plan Control Measure Consistency with LUCE Update). Pursuant to
CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own
environmental review on a project-by-project basis to assess impacts on air quality. Therefore, the proposed Project would
not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore,
there would be no new air quality impacts that have not been previously disclosed and addressed in LUCE EIR Section 4.3
Air Quality.
b), c) Both the US Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) have established
ambient air quality standards for common pollutants. These ambient air quality standards are levels of contaminants
representing safe levels that avoid specific adverse health effects associated with each pollutant. The ambient air quality
standards cover what are called “criteria” pollutants because the health and other effects of each pollutant are described in
criteria documents. Areas that meet ambient air quality standards are classified as attainment areas, while areas that do not
meet these standards are classified as nonattainment areas. San Luis Obispo is currently designated as nonattainment for the
1-hour and 8-hour State standards for ozone and the 24-hour State standard for PM10.
LUCE EIR Conclusion
Construction-related (Short-term) Impacts
Construction emissions are described as “short‐term” or temporary in duration and have the potential to have an adverse
effect on air quality. Ozone precursor emissions (i.e., ROG and NOx) are primarily associated with gas and diesel
equipment exhaust and the application of architectural coatings. Fugitive dust emissions (i.e., PM10 and PM2.5) are
primarily associated with site preparation and vary as a function of such parameters as soil silt content, soil moisture, wind
speed, acreage of disturbance area, and vehicle miles traveled (VMT) by construction vehicles on‐ and off‐site. Typical
construction equipment associated with development and redevelopment projects includes dozers, graders, excavators,
loaders, and trucks.
The LUCE EIR concluded that “implementation of the LUCE Update would involve construction of development projects
that generate short‐term emissions of criteria air pollutants and ozone precursors. Emissions from individual construction
projects could exceed APCD’s project‐level significance thresholds. Thus, implementation of the LUCE Update could
result in construction‐generated emissions that violate or contribute substantially to an existing or projected air quality
Attachment 2
Packet Page 56
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 22
violation, contribute a cumulatively considerable net increase of criteria air pollutants for which the region is designated as
non‐attainment, and/or expose sensitive receptors to substantial pollutant concentrations. Adherence to relevant policies
and implementation of APCD-recommended project‐specific mitigation measures would reduce potential short‐term
impacts to a less-than‐significant level. Thus, construction‐generated air quality impacts are considered Class II, significant
but mitigable” (LUCE EIR Section 4.3 Air Quality, Impact AQ-1, Short-term). The LUCE EIR determined that potential
air quality impacts would be minimized to less than significant through implementation of mitigation measures identified
by the APCD.
Proposed Zoning Regulations Update Analysis and Conclusions
Although it is not possible to speculate on the exact type, number, location, or timing of future development projects or on
the precise nature or degree of environmental impacts associated with such projects, implementation of the Zoning
Regulations Update would require construction activity resulting in the generations of criteria air pollutant and ozone
precursor emissions. The LUCE EIR provides estimates of construction emissions of ROG, NOX, PM10, and PM2.5 using
CalEEMod based on the description of land use changes (dwelling units and commercial square feet) associated with
buildout under the LUCE. The LUCE EIR notes that daily emissions could exceed APCD’s applicable thresholds of
significance for construction activities (e.g., 137 lb/day for ROG and NOX combined) (LUCE EIR Section 4.3 Air
Quality).
The APCD specifies construction mitigation measures designed to reduce emissions of ROG, NOx, PM10, and PM2.5
(both fugitive and exhaust) (refer to APCD 2012 CEQA Handbook). These include standard mitigation measures, best
available control technology (BACT), and construction activity management plan (CAMP) and off‐site mitigation for
construction equipment emissions; along with short and expanded lists for fugitive dust emissions. The City shall ensure
the implementation of the most current APCD‐recommended construction mitigation measures to reduce
construction‐generated emissions to less‐significant levels as defined by APCD. Individual development would be required
to undergo separate environmental review, which may result in specific impacts that require project specific mitigation
consistent with the most current APCD‐recommended construction mitigation measures. As stated in APCD’s CEQA Air
Quality Handbook, if estimated construction emissions are expected to exceed either of the APCD Quarterly Tier 2
thresholds of significance after the standard and BACT measures are accounted for, then an APCD approved CAMP and
off‐site mitigation would need to be implemented to reduce air quality impacts to a less‐than‐significant level. In addition,
all fugitive dust sources shall be managed to ensure adequate control below 20% opacity as identified by Rule 401, for
which compliance is required by law. In addition, future development will be subject to proposed performance standards,
which state that “No use or activity shall be conducted without first obtaining any required permit from the County Air
Pollution Control District” and “Uses shall be conducted to prevent dust or other airborne material from crossing
property lines” (proposed Zoning Regulations Section 17.74.030). Adherence to relevant policies and implementation of
APCD‐recommended project‐specific mitigation measures would reduce potential impacts associated with future
development under the proposed Zoning Regulations Update to a less‐than‐significant level. Thus, consistent with the
LUCE EIR, construction‐generated air quality impacts are considered significant but mitigable.
Existing Regulatory Requirements Related to Asbestos and Equipment Operation
In addition to construction-related emissions, naturally occurring asbestos (NOA) has been identified by the state Air
Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common throughout California and
may contain naturally occurring asbestos. The APCD has identified that NOA may be present throughout the City of San
Luis Obispo (APCD 2012 CEQA Handbook, Technical Appendix 4.4), and under the ARB Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) are therefore required to provide
geologic evaluation prior to any construction activities. As such, impacts related to future development pursuant to the
Zoning Regulations Update are considered significant but mitigable based on compliance with existing regulations.
Future development under the Zoning Regulations Update may require demolition of non-historic structures and grading,
which has the potential to disturb asbestos that is often found in older structures as well as underground utility pipes and
pipelines (i.e. transite pipes or insulation on pipes). Demolition can have potential negative air quality impacts, including
Attachment 2
Packet Page 57
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 23
issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). As such, future
projects may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission
Standard for Hazardous Air Pollutants (40CFR61, Subpart M – asbestos NESHAP). Impacts related to the proposed
demolition of existing structures are considered to be significant but mitigable based on compliance with existing
regulations.
In addition, future projects may be subject to CARB or APCD permitting requirements. This includes portable equipment,
50 horsepower (hp) or greater or other equipment listed in the APCD’s 2012 CEQA Handbook, Technical Appendices,
page 4-4. Truck trips associated with the proposed excavated site material (i.e., soils) that will be cut from the site may also
be a source of emissions subject to SLO APCD permitting requirements, subject to a specifically selected truck route. The
specific requirements and exceptions in the regulations can be reviewed at the following web sites:
https://www.arb.ca.gov/msprog/truck-idling/factsheet.pdf and https://www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf.
Impacts related to vehicle and heavy equipment emissions are considered to be significant but mitigable based on
compliance with existing regulations.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Zoning Regulations Update would be required to conform to all applicable regulations,
performance standards, and design standards as required by the City’s Municipal Code, the APCD, and CARB. Therefore,
potentially significant impacts would be mitigated to less than significant through compliance with existing regulations and
guidelines.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new urban development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new air quality impacts that have not been previously examined or adequately addressed in
LUCE EIR Section 4.3 Air Quality.
LUCE EIR Conclusion
Operational (Long-term) Impacts.
As described in the APCD 2012 CEQA Handbook, “operational impacts are focused primarily on the indirect emissions
(i.e., motor vehicles) associated with residential, commercial and industrial development. Air pollutant emissions from
urban development can result from a variety of sources, including motor vehicles, wood burning appliances, natural gas
and electric energy use, combustion-powered utility equipment, paints and solvents, equipment or operations used by
various commercial and industrial facilities, heavy-duty equipment and vehicles and various other sources”. A program
level environmental review of long-term impacts resulting from implementation of the LUCE is presented in the LUCE
EIR, and as directed by the APCD 2012 CEQA Handbook, consist of a qualitative analysis based upon criteria such as
prevention of urban sprawl and reduced dependence on automobiles, and by comparing consistency of the project with the
Transportation and Land Use Planning Strategies outlined in the APCD's Clean Air Plan (refer to a) above, and LUCE EIR,
Section 4.3 Air Quality, Table 4.3-1 Clean Air Plan Control Measure Consistency with LUCE Update).
The LUCE EIR concluded that “implementation of the LUCE Update would involve operation of development projects
that generate long-term emissions of criteria air pollutants and ozone precursors. Implementation of the LUCE Update
would not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations,
odors, or TACs. However, with regards to criteria air pollutants and precursors implementation of the LUCE Update would
not be consistent with the assumptions contained in the most recent version of the APCD’s Clean Air Plan even with the
incorporation of the proposed LUCE Update policies and existing City policies. Thus, long‐term air quality impacts are
considered Class I, significant and unavoidable” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2 Long-term). Upon
certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding
Considerations for this significant and unavoidable impact.
Attachment 2
Packet Page 58
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 24
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the LUCE EIR, overall, implementation of the Zoning Regulations Update, including proposed
modifications to minimum dwelling units on R-2, R-3, R-4, and O zoned lots, and the proposed change to increase
allowable density on R-3 lots (as consistent with the General Plan), and proposed development occurring within the Upper
Monterey Overlay zone, would involve operation of development projects that generate long‐term emissions of criteria air
pollutants and ozone precursors. With regards to criteria air pollutants and precursors, similar to the conclusion in the
LUCE EIR, implementation of the Project would not be consistent with the assumptions contained in the most recent
version of the APCD’s Clean Air Plan even with implementation of COSE policies and programs (refer to COSE Section 2
Air Quality) and compliance with the LUE. Consistent with the conclusions of the LUCE EIR, long‐term air quality
impacts resulting from future development constructed pursuant to the proposed Zoning Regulations Update are considered
significant and unavoidable.
The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Zoning Regulations Update would be required to conform to all applicable regulations performance standards
and design standards that address sustainability and air quality, including those of the Zoning Regulations, as updated, and
the LUCE. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would
be subject to their own environmental review on a project-by-project basis to assess impacts on air quality. Therefore, the
proposed Project would not result in a significant air quality impact not examined or adequately addressed in the LUCE
EIR.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new development in areas where such development is prohibited under the LUCE. Consistent with
the LUCE, the proposed Project may result in beneficial environmental impacts on air quality by developing incentives in
the Downtown area to reduce the use of cars, including provisions that would allow for corner stores in residential areas,
further allowing upper-story residential uses in commercial areas, providing for an enhanced pedestrian experience in the
Downtown, providing additional dwelling units within medium to high residentially-zoned areas, maintaining rural
character and protecting natural resource areas, incorporating further sustainability standards into land use regulations, and
adjusting parking requirement to achieve multi-modal objectives identified in the General Plan. Therefore, there would be
no new air quality impacts that have not been previously disclosed and addressed in LUCE EIR Section 4.3 Air Quality.
d) LUCE EIR Conclusion
The San Luis Obispo area is designated as an attainment area for carbon monoxide (CO) for both the CAAQS and
NAAQS. The analysis in the LUCE EIR states that if a project would not increase traffic volumes at affected intersections
to more than 44,000 vehicles per hour (or more than 24,000 vehicles per hour where vertical and/or horizontal mixing is
substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below‐grade roadway)
then implementation would not result in or contribute to a CO violation. The LUCE EIR concluded that implementation of
the LUCE Update would not result in the addition of vehicles to affected intersections that exceed these recommended
levels.
With regards to the exposure of sensitive receptors to toxic air contaminant (TAC) sources, there are no freeways or urban
roadway segments with traffic volumes that exceed 100,000 vehicles per day and no rural roadways with volumes that
exceed 50,000 vehicles per day within the City (LUCE EIR Section 4.3 Air Quality, Impact AQ-2, Long-term). The other
types of TAC sources in the City (existing or proposed under implementation of the LUCE and Zoning Regulations
Update) would be required by law to comply with APCD’s permit process, which would ensure exposure to sensitive
receptors to TACS to be within acceptable levels.
The LUCE EIR determined that “Implementation of the LUCE Update would not result in the exposure of sensitive
receptors to substantial sources of local carbon monoxide concentrations, odors, or TACs” (LUCE EIR Section 4.3 Air
Quality, Impact AQ-2, Long-term).
Attachment 2
Packet Page 59
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 25
Proposed Zoning Regulations Update Analysis and Conclusions
Overall, implementation of the Zoning Regulations Update would involve operation of development projects that generate
long‐term emissions of criteria air pollutants and ozone precursors, consistent with the LUCE (refer to LUCE EIR Section
4.3 Air Quality, Impact AQ-2, Long-term, under discussion b). Implementation of the Zoning Regulations Update would
not result in the exposure of sensitive receptors to substantial sources of local carbon monoxide concentrations or TACs, as
development would occur in the areas assessed in the LUCE EIR.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards,
and design standards as required by the City’s Municipal Code, the APCD, and CARB. Therefore, the proposed Project
would not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR, and impacts
would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new urban development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new air quality impacts that have not been previously examined or adequately addressed in
LUCE EIR Section 4.3 Air Quality.
e) LUCE EIR Conclusion
As noted in the LUCE EIR, City of San Luis Obispo General Plan Update Background Report (6.3), existing potential odor
sources in the city include a wastewater treatment plant (35 Prado Road San Luis Obispo, CA 93401, and several
automotive businesses. No other major odor sources are identified. Other minor sources of odor associated with typical
land uses located in commercial and industrial areas in urban communities are currently present in the city, such as
restaurants, auto repair facilities, gasoline stations, manufacturing plants, and other similar uses. The LUCE EIR
determined that “Implementation of the LUCE Update would not result in the exposure of sensitive receptors to substantial
sources of local carbon monoxide concentrations, odors, or TACs” (LUCE EIR Section 4.3 Air Quality, Impact AQ-2,
Long-term).
Proposed Zoning Regulations Update Analysis and Conclusions
There are no major new sources of odor that are proposed or designated in the LUCE or Zoning Regulations Update.
Various commercial and industrial land uses could be developed pursuant to the Zoning Regulations Update, but these are
not typically associated with major sources. In addition, implementation of the LUCE and Zoning Regulations Update
would not result in the placement of new sensitive receptors closer to existing sources in comparison to existing conditions,
including underlying land use designations and zoning for uses considered sensitive.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards,
and design standards as required by the City’s Municipal Code, the APCD, and CARB. Therefore, the proposed Project
would not result in a significant air quality impact not examined or adequately addressed in the LUCE EIR, and impacts
would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new urban development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new air quality impacts that have not been previously examined or adequately addressed in
LUCE EIR Section 4.3 Air Quality.
Attachment 2
Packet Page 60
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 26
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or 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?
1, 2, 3,
4 X
b) Have a substantial adverse effect, on any riparian habitat or
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?
1, 2, 3,
4 X
c) Have a substantial adverse effect on federally protected
wetlands as defined in Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or
other means?
1, 2, 3,
4, 6 X
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
1, 2, 3,
4 X
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
1, 2, 3,
4, 6 X
f) Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan?
1, 2, 3,
4 X
Evaluation
The urbanized area of the City of San Luis Obispo lies at the convergence of two main geologic features: the Los Osos Valley
which drains westerly into Morro Bay via Los Osos Creek, and the San Luis Valley which drains to the south-southwest into
the Pacific Ocean at Avila Beach via San Luis Obispo Creek. San Luis Obispo, Stenner, Prefumo, and Brizzolara Creeks, and
numerous tributary channels pass through the city, providing important riparian habitat and migration corridors connecting
urbanized areas to less‐developed habitats in the larger LUCE Sphere of Influence (SOI) Planning Subarea surrounding the city.
Much of the LUCE SOI Planning Subarea outside the city limits consist of open rangeland grazed year-round, along with
agricultural lands dominated by annual crop rotations and vineyards. A variety of natural habitats and associated plant
communities are present within the LUCE SOI Planning Subarea and support a diverse array of native plants and resident,
migratory, and locally nomadic wildlife species, some of which are considered as rare, threatened, or endangered species.
Serpentine soils and serpentine rock outcrops present within the LUCE SOI Planning Subarea typically support a high
percentage of sensitive or special status plant species due to the unique chemical composition of this volcanic soil. The types
and locations of habitats present are shown on LUCE EIR Section 4.4 Biological Resources, Figure 4.4‐1a Planning Area
Habitat Map and Figure 4.4‐1b City of San Luis Obispo Habitat Map, and listed in LUCE EIR Section 4.4 Biological
Resources, Table 4.4‐1, Habitat Types within the LUCE SOI Planning Subarea. LUCE EIR Section 4.4 Biological Resources,
Table 4.4-1 Natural Habitat Constraints Summary identifies the special-status species associated with each habitat type within
the City. The largest concentrations of natural and native habitats are located in the larger LUCE SOI Planning Subarea outside
the city limits. LUCE EIR Section 4.4, Biological Resources, includes additional descriptions of habitats, vegetation types,
special status plants and animals, and common wildlife and associated wildlife corridors found within the City and the LUCE
SOI.
a) The LUCE EIR and associated Background Report include the results of a search and review of the California Natural
Diversity Database (CNDDB), which identified 30 special‐status plant species, four natural communities of special
Attachment 2
Packet Page 61
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 27
concern, and 20 special‐status wildlife species with recorded occurrences within a 10‐mile search radius of the LUCE SOI
Planning Subarea. Portions of the northern and eastern LUCE SOI Planning Subarea are located in California red‐legged
frog (CRLF) Critical Habitat Unit SLO‐3—Willow and Toro Creeks to San Luis Obispo. LUCE EIR Section 4.4 Biological
Resources, Figure 4.4‐2 CNDDB Botanical Occurrences within Planning Area and Figure 4.4‐3 CNDDB Wildlife
Occurrences within Planning Area show the CNDDB plant and wildlife special‐status species recorded occurrences within
the LUCE SOI Planning Subarea. LUCE EIR Section 4.4 Biological Resources, Table 4.4‐2 Special Status Plant Species
and Natural Communities of Special Concern in the LUCE SOI Planning Subarea and Figure 4.4‐3 Special Status Wildlife
Species in the LUCE SOI Planning Subarea show the scientific and common names and listing status for the special-status
species present or with potential to occur in the LUCE SOI Planning Subarea. Additional species information is presented
in the LUCE EIR Background Report. Focused biological surveys have not been conducted over the entire LUCE SOI
Planning Subarea, and therefore, additional, previously unidentified species or habitats could also occur. Site‐specific
surveys for any potentially sensitive species and habitats would be necessary to confirm presence/absence within a
particular area prior to any development under the LUCE and Zoning Regulations Update. In addition, development within
the City is subject to compliance with policies and programs that address special-status species and habitats, as identified in
COSE Section 7, Natural Communities.
LUCE EIR Conclusion
Special-status Plants. Development under the LUCE Update has potential to impact special‐status plant species (as defined
in LUCE EIR Section 4.4.1b) present within the LUCE SOI Planning Subarea. Although the majority of special-status
plant species occurrences are located outside the city limits, development within any natural habitat type within the city
limits could have potential to impact special‐status plant species.
As identified in the LUCE EIR, “development consistent with the LUCE Update has the potential to impact special‐status
plant species within the LUCE SOI Planning Subarea. With the incorporation of the proposed and existing City policies,
and the requirements of regulatory and oversight agencies, potential impacts to special‐status plant species are considered
Class III, less than significant” (LUCE EIR Section 4.4 Biological Resources, Impact BIO-3).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis of the LUCE, future development under the Zoning Regulations Update will be required to comply
with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight
agencies intended to address potential impacts to special‐status plant species. Future projects within or adjacent to known
occurrences of a listed species, or habitat types that have potential to contain special‐status plant species, will undergo
individual project environmental review to ensure protection of special‐status plant species populations. Focused biological
surveys to determine presence/absence and map locations of special‐status plant species occurrences would be required
prior to any ground disturbing activity. Impacts to special‐status plant species may require consultation with the California
Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS), and mitigation would be required
per city policy and state and federal regulations to offset any impacts associated with individual project development.
Development under the proposed Zoning Regulations Update has potential to impact special‐status plant species within the
LUCE SOI Planning Subarea. However, with adherence to the existing City policies and state and federal regulatory
requirements, impacts would be addressed through either avoidance of the resource based on detailed site‐specific
biological studies, or through the detailed mitigation requirements for the protection of plant species that occur on a given
site. Implementation of proposed and existing local policies, as well as compliance with State and Federal laws and policies
and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific
mitigation measures where appropriate would reduce potential impacts to a less than significant level.
LUCE EIR Conclusion
Special-status Wildlife. Future development consistent with the General Plan has the potential to impact special‐status
Attachment 2
Packet Page 62
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 28
wildlife species (as identified in LUCE EIR Section 4.4.1b). While the majority of special‐status wildlife species
occurrences are located outside the city limits, development within grasslands, wetland, riparian, and forest/grove habitats
within the city limits would have potential to impact special‐status wildlife. Projects within or adjacent to known
occurrences of listed species, or habitat types that have potential to contain one or more special‐status wildlife species,
would undergo individual project environmental review to ensure protection of those species. The existing General Plan
requires focused biological surveys to determine presence/absence and map locations of special‐status wildlife species
occurrences prior to any habitat disturbance. Impacts to special‐status wildlife species may require consultation with the
CDFW, USFWS, and National Oceanic and Atmospheric Administration (NOAA) Fisheries, and mitigation would be
required to offset specific project impacts. Implementation of LUE and COSE policies, as well as compliance with local,
State and Federal laws and policies and the requirements of regulatory and oversight agencies as appropriate, and reliance
on establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than
significant level.
As identified in the LUCE EIR, “development consistent with the LUCE Update has potential to impact special‐status
wildlife species within the LUCE SOI Planning Subarea. With the incorporation of the proposed and existing City policies,
and the requirements of regulatory and oversight agencies, potential impacts to special‐status wildlife species are
considered Class III, less than significant” (LUCE EIR Section 4.3 Biological Resources, Impact BIO‐4).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis of the LUCE, future development pursuant to the Zoning Regulations Update will be required to
comply with local, state, and federal laws and policies, and all applicable permitting requirements of the regulatory and
oversight agencies intended to address potential impacts to special‐status wildlife species. Based on compliance with the
LUCE and COSE, and adherence to the existing City regulations and state and federal regulatory requirements, future
development projects with the potential to impact special‐status wildlife will be required to fully study project site
resources, avoid disturbance of identified wildlife and their habitat and mitigate any impacts in accordance with qualified
professionals under the authority of the jurisdictional agencies. Implementation of proposed and existing local policies, as
well as compliance with state and federal laws and policies and the requirements of regulatory and oversight agencies as
appropriate, and reliance on establishment of project‐specific mitigation measures where appropriate would reduce
potential impacts to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable policies, regulations, performance
standards, and design standards as required by the City’s Municipal Code, the General Plan, and CEQA. Therefore, the
proposed Project would not result in any significant impacts to special-status plants and wildlife not examined or
adequately addressed in the LUCE EIR, and impacts would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new development in areas where such development is prohibited under the LUCE. Therefore,
there would be no new impacts to special-status plant and wildlife species that have not been previously examined or
adequately addressed in LUCE EIR Section 4.4 Biological Resources.
b), c) LUCE EIR Conclusion
Riparian and wetland habitats include streams, lakes, ponds, and associated natural vegetation adapted to increased soil
moisture, and have a high potential to contain special status plant and animal species. Major examples in the City include
San Luis Obispo, Stenner, Brizzolara, and Prefumo Creeks, Laguna Lake, and many smaller tributary drainages. These
features and habitats pass through and border all other habitat types present in the LUCE SOI Planning Subarea and could
be significantly impacted by implementation of the LUCE. All development in the City is subject to creek setback
requirements and performance standards identified in the Zoning Regulations. Development under the LUCE Update has
potential to impact four habitat types listed as Natural Communities of Special Concern by the CDFW, Serpentine
Attachment 2
Packet Page 63
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 29
Bunchgrass, Northern Interior Cypress Stand, Central Maritime Chaparral, and Coastal and Valley Freshwater Marsh, that
have high potential to support special‐status plant and wildlife species (refer to LUCE EIR Section 4.4 Biological
Resources, Table 4.4‐2 Special Status Plant Species and Natural Communities of Special Concern in the LUCE SOI
Planning Subarea). In addition, riparian, vernal pool, oak woodland, and native perennial grassland habitats present within
the LUCE SOI Planning Subarea are considered sensitive by the CDFW and other regulatory agencies and could be
impacted by future development (also see LUCE EIR Section 4.4 Biological Resources, Table 4.4‐4 Natural Habitat
Constraints Summary).
The LUCE EIR concluded that “development consistent with the LUCE Update has potential to impact four Natural
Communities of Special Concern present within the LUCE SOI Planning Subarea including Serpentine Bunchgrass,
Northern Interior Cypress Stand, Central Maritime Chaparral, and Coastal and Valley Freshwater Marsh. With the
incorporation of the proposed and existing City policies, and the requirements of regulatory and oversight agencies,
potential impacts to sensitive habitats are considered Class III, less than significant” (LUCE EIR Section 4.4 Biological
Resources, Impact BIO‐2).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, potential near‐term and long‐term impacts resulting from implementation of the
Zoning Regulations Update, including development in or near sensitive or jurisdictional areas may include loss of habitat
and the introduction or increase of human presence. Specific impacts due to development include the disruption of patterns
of habitat use, displacement of individuals, disruption of breeding habits, disruption and barriers to wildlife movements,
increased mortality of wildlife species and in turn less prey, night lighting, and reduction of available habitat in general.
The level of intensity of impacts related to human presence would depend upon the habitat disturbed and level of build out
within these developable areas and adjacent habitat areas. COSE Policy 7.3 requires that projects within or adjacent to
known occurrences of Natural Communities of Special Concern, or in areas that have potential to contain one or more of
these habitats, would be expected to have a site-specific biology report prepared and undergo individual project
environmental review to determine the location, extent, and proposed impact to those habitats. These project‐level
biological surveys to map Special Concern or sensitive habitat boundaries, and to determine presence/absence of
special‐status wildlife and plant species would be required prior to any ground disturbing activity. Any impacts to these
habitats would require permits and/or authorization from local, state and federal regulatory agencies, including the City of
San Luis Obispo, CDFW, Regional Water Quality Control Board (RWQCB), USFWS, NOAA Fisheries, and U.S. Army
Corps of Engineers (USACE), and site‐specific mitigation would be required to offset impacts associated with project
development. Similar to the conclusions in the LUCE EIR, based on compliance with LUCE and COSE policies, and the
regulatory framework governing sensitive habitats and associated plant and wildlife species, potential impacts to Special
Concern or sensitive habitats within the LUCE SOI Planning Subarea are considered potentially significant but mitigable.
Future development consistent with the LUCE and Zoning Regulations Update will be required to comply with local, state,
and federal laws and policies, and all applicable permitting requirements of the regulatory and oversight agencies intended
to address potential impacts to natural communities of special concern. Individual development will be required to undergo
separate environmental review, which may result in specific impacts that require project specific mitigation consistent with
LUE and COSE policies. Potentially significant impacts that may occur as a result of implementation of the proposed
Project would be reduced through goals, policies and programs that require either the protection and avoidance of protected
resources prior to proposed development, or though the required mitigation of impacts to protected resources.
Implementation of existing General Plan policies, as well as compliance with State and Federal laws and policies and the
requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of project‐specific
mitigation measures where appropriate would reduce potential impacts to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable policies, regulations, performance
standards, and design standards as required by the City’s Municipal Code and General Plan. Therefore, the proposed
Project would not result in any significant impacts to riparian, wetland, and other sensitive communities and habitats not
Attachment 2
Packet Page 64
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 30
examined or adequately addressed in the LUCE EIR, and impacts would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would maintain and clarify required creek setback regulations and would not allow new development in areas
where such development is prohibited under the LUCE. Therefore, there would be no new impacts to riparian, wetland, and
other sensitive communities and habitats that have not been previously examined or adequately addressed in LUCE EIR
Section 4.4 Biological Resources.
e) LUCE EIR Conclusion
As identified in the LUCE EIR, future development has the potential to impact common natural habitat types, common
wildlife species, species of local concern, and associated wildlife corridors present within the LUCE SOI Planning Subarea.
The LUCE EIR determined that “development under the LUCE Update has potential to impact common habitat types
including non‐native annual grasslands and disturbed/ruderal areas that provide habitat for common wildlife and plant
species. With the incorporation of the proposed LUCE Update policies and existing governing policies, potential impacts to
these common habitats are considered Class III, less than significant” (LUCE EIR Section 4.4 Biological Resources,
Impact BIO‐1). The LUCE EIR also determined that “development consistent with the LUCE Update has potential to
impact common wildlife species and species of local concern within the LUCE SOI Planning Subarea. With the
incorporation of the proposed and existing City policies, and the requirements of regulatory and oversight agencies,
potential impacts to common and species of local concern are considered Class III, less than significant” (LUCE EIR
Section 4.4, Biological Resources, Impact BIO‐5).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, development under the Zoning Regulations Update has potential to impact
common wildlife species and species of local concern through habitat loss, migration corridor loss from the barrier effect of
new roads and developed areas, and increased noise, traffic, lighting, and human presence. Development within or adjacent
to any natural habitat type within the project area would have potential to impact these wildlife species. Projects within or
adjacent to habitat types that have potential to contain common wildlife species would undergo individual project
environmental review to ensure that avoidance and minimization measures are included in design, construction, and
ongoing uses. Project‐specific mitigation measures may be required to offset impacts to common wildlife species and
species of local concern associated with future project development consistent with the LUCE and Zoning Regulations
Update. Future development will also be required to comply with local, state, and federal laws and policies, and all
applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts to
common wildlife and species of local concern. Individual development will be required to undergo separate environmental
review, which may result in specific impacts that require project specific mitigation consistent with these policies.
Based on compliance with existing LUCE and COSE policies and programs, adherence to the existing City regulations and
state and federal regulatory requirements, future development projects with the potential to impact common and locally
important wildlife will be required to fully study project site resources, avoid disturbance of identified wildlife and their
habitat and mitigate any impacts in accordance with qualified professionals under the authority of the jurisdictional
agencies. Implementation of proposed and existing local policies, as well as compliance with state and federal laws and
policies and the requirements of regulatory and oversight agencies as appropriate, and reliance on establishment of
project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable policies, regulations, performance
standards, and design standards as required by the City’s Municipal Code and General Plan. Therefore, the proposed
Project would not result in any significant impacts to fish and wildlife, and associated habitats and habitat corridors, not
examined or adequately addressed in the LUCE EIR, and impacts would be less than significant.
Attachment 2
Packet Page 65
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 31
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would maintain and clarify required creek setback regulations and would not allow new development in areas
where such development is prohibited under the LUCE. Therefore, there would be no new impacts to fish and wildlife, and
associated habitats and habitat corridors that have not been previously examined or adequately addressed in LUCE EIR
Section 4.4 Biological Resources.
e), f) Development within the City is subject to existing policies and programs identified in the General Plan, including the LUE
and COSE, and the City’s Municipal Code, including Chapter 12.24, Tree Regulations. The proposed Project would not
modify or conflict with these existing policies or regulations, and include clarifications to regulations specific to hillside
development and development on slopes exceeding 16 percent, which would further protect natural resources found on
hillside locations by implementing the goals of the COSE, including:
1. To protect and preserve scenic hillside areas and natural features such as the volcanic Morros, ridge lines, plant
communities, rock outcroppings and steep slope areas that function as landscape backdrops for the community;
2. To avoid encroachment into sensitive habitats or unique resources as defined in the Conservation and Open Space
Element;
3. To protect the health, safety and welfare of community residents by directing development away from areas with
hazards such as landslides, wildland fires, flooding and erosion; and
4. To protect the City’s scenic setting.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that
occur pursuant to the proposed Project would be required to conform to all applicable regulations, performance standards
and design standards of the Zoning Regulations as updated, the Tree Regulations, the LUCE, and the COSE that address
natural resources. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update
would be subject to their own environmental review on a project-by-project basis to assess impacts on natural resources.
Therefore, the proposed project would not conflict with any local policies or ordinances protecting biological resources.
Impacts would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE and other elements of the General
Plan, including the COSE. Therefore, there would be no new impacts that have not been previously examined or
adequately addressed in LUCE EIR Section 4.4 Biological Resources.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historic resource as defined in §15064.5.
1, 2, 3,
4, 6, 9,
10
X
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5)
1, 2, 3,
4, 6, 9,
10, 11
X
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
1, 2, 3,
4 X
d) Disturb any human remains, including those interred outside of
formal cemeteries?
1, 2, 3,
4, 6, 9,
10, 11
X
Evaluation
The City of San Luis Obispo is located within the area historically occupied by the Obispeño Chumash, the northernmost of the
Chumash people of California. The San Luis Obispo area became colonialized by the Spanish Incursion initially in 1542, with
Attachment 2
Packet Page 66
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 32
the first official settlement on Chumash Territory occurring in 1772, when the Mission San Luis Obispo de Tolosa was
established. Since this period, a timeline of San Luis Obispo modern occupation has been broken down into multiple smaller
eras, the first of which being the Spanish Incursion—the Mission Era lasted from 1772‐1850. In 1822 California became a
Mexican Territory, and the mission lands gradually became private ranchos via new Mexican land grants. In 1834, the
proclamation for secularization was issued, and the Mission was effectively disbanded. By that time, “missionization,” disease,
and destruction of the native subsistence base had decimated the Chumash and their culture. Immigrants began coming to the
state in the 1850’s, during the Early Settlement Era (lasting from 1850‐1875), and by the 1870’s (after the earliest arrivals of
Chinese immigrants in 1969), a Chinatown district had been established in the downtown area near Palm and Morro Street. By
1875, 2,500 residents were documented in a 4‐square mile area around what is not the City of San Luis Obispo. Population
growth and advancements in technology continued to occur during this Industrial Era (1875‐1900). The period from
1900‐1945, is said to commence exponential rates of population growth for the area. The last era of growth is said to have
lasted from 1945 to the present. Many of the residential subdivisions in the Foothill and Laguna Lake area were developed
between 1945 and 1970 and the city’s population increased by 53% during this time. As new projects are proposed, the City
continues to make strong efforts in conserving the natural and historical resources and character that lie within the community
so as to maintain a connection to the past.
Regarding paleontological resources, the only fossil resources likely to occur in the City are of Quaternary (Pleistocene) age.
The Quaternary is the most recent of the three Periods of the Cenozoic Era in the geologic time scale. It follows the Tertiary
Period, spanning from about 2,588,000 years ago to the present. The LUCE EIR notes three reported vertebrate localities along
the coast within nine miles of the city, which include assemblages of the mammals Equus sp. and E. occidentalis (horse);
Camelops sp. and C. hesternus (camel); Bison antiquus and B. latifrons (bison), and Mammut americanum (mammoth).
This information, and additional background is provided in LUCE EIR Section 4.5 Cultural Resources.
a) A historical resource is defined in Section 15064.5(a) of the CEQA Guidelines as a resource listed in or eligible for listing
in the California Register of Historical Resources; a resource included in a local register of historical resources; or any
object, building, structure, site, area, place, record or manuscript determined to be historically significant or significant in
the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of
California. Generally, a resource is considered to be “historically significant” if it meets one of the following criteria:
Is associated with events that have made a significant contribution to the broad patterns of California’s history and
cultural heritage;
Is associated with the lives of persons important in our past;
Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of
an important creative individual, or possesses high artistic values; or
Has yielded, or may be likely to yield, information important in prehistory or history.
Resources listed in or determined eligible for the California Register, included in a local register, or identified as
significant in a historic resource survey are also considered historical resources under CEQA.
Historic resources in the City are subject to the policies and regulations contained in the General Plan, Historic
Preservation Ordinance, Historic Preservation Program Guidelines. These policies and regulations also identify the review
process for actions proposed within historical districts (see LUCE EIR Section 4.5, Cultural Resources Figure 4.5-1 City of
San Luis Obispo Historical Districts) and on properties that contain Master List and Contributing Historic Resources.
LUCE EIR Conclusion
The LUCE EIR concludes that “development allowed by the LUCE update could cause a substantial adverse change in the
significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places,
the California Register of Historic Resources, or a local register of historic resources. This impact is considered to be Class
II, significant but mitigable” (LUCE EIR Section 4.5, Cultural Resources Impact CR‐1).
Attachment 2
Packet Page 67
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 33
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, intensification of land uses anticipated to occur in certain areas of the city under
the Zoning Regulations Update could have an adverse effect on historic structures by damaging or destroying historical
buildings or structures, diminishing the integrity of the context and setting of individual properties, or diminishing the
integrity of the historical district. The loss of historic buildings or new developments within the existing historic districts
that could impact historical resources is considered potentially significant. However, the policies and programs identified in
the LUCE and COSE, the City’s Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic
Context Statement, Archaeological Resource Preservation Program Guidelines, the City‐designated Cultural Heritage
Committee (CHC) policies and guidelines, and compliance with CEQA directly address this impact.
Development facilitated under the Zoning Regulations Update will have the potential to result in impacts to historical
resources. These changes are subject to the policies and regulations identified above, which target historical resource
protection. Compliance with existing regulations, standards, and guidelines, in addition to project review by the Cultural
Heritage Committee, will help govern development and redevelopment that may occur during the lifetime of the LUCE and
proposed Zoning Regulations. All of these plans and documents work together to protect San Luis Obispo’s historical
resources and are a means to retain the community character and history, while providing enhancements in certain areas of
the city. Impacts will be less than significant with implementation of applicable policies and regulations. Individual
development pursuant to the Zoning Regulations Update will be required to undergo separate environmental review, which
may result in specific impacts that require project specific mitigation consistent with these policies. Based on compliance
with existing City policies, programs, and regulations related to historic resources, impacts can be avoided through the
protection of known historic structures and through the study of potentially historic resources prior to construction and
through measures required to preserve significant resources, which will reduce impacts to less than significant levels.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development, and would continue to
provide for the protection of the City’s historic resources. The proposed Zoning Regulations Update would not make any
changes to the Historic Preservation Ordinance and would not allow new development in areas where such development is
prohibited under the LUCE. Therefore, impacts would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. Future land use that occur pursuant
to the proposed Project would be required to conform to all applicable regulations of the Zoning Regulations, as updated,
the LUCE and COSE, the Historic Preservation Ordinance, and Historic Preservation Program Guidelines, all of which
address historical resources. Notwithstanding existing provisions that aim to protect existing historic resources, demolition
or alteration of a historical resource on a parcel in the City could conceivably occur as a result of individual development
projects. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would
be subject to their own environmental review on a project-by-project basis to assess impacts on historical resources.
Therefore, the proposed Project would not result in a significant impact on historical resources not examined or adequately
addressed in LUCE EIR Section 4.5, Cultural Resources.
b), c), d) LUCE EIR Conclusion
As documented in the LUCE EIR, proposed development under the policies proposed under the LUCE could impact areas
that contain previously identified and previously unidentified archaeological and paleontological resources such as sites
containing Native American artifacts, burial sites/human remains, buildings or structures dating from the identified Mission
era, or early urbanization periods. The degree of such impacts is dependent upon the proximity of new construction or
development to previously identified archaeological and paleontological sites, and also dependent upon the level of
development near previously unidentified resources. The LUCE encourages infill development in areas already within the
city, which would be facilitated by the updates proposed for the Zoning Regulations. Infill development typically reduces
the pressure to develop on the edges of the city, which could have impacts on previously unidentified archaeological and
paleontological resources. However, due to the nature of new developments, some future structures may interfere or
coincide with previously unidentified archaeological and paleontological resources. If archaeological and paleontological
Attachment 2
Packet Page 68
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 34
resources are discovered, existing codes and policies stipulate treatment methods for evaluation and treatment of the
resources. Implementation of these policies on a project‐by‐project basis would require the preparation of site‐specific
archaeological and paleontological studies in areas of potential sensitivity as well as mitigation of impacts to any identified
resources. In addition, implementation of the City’s Archaeological Preservation Program Guidelines is intended to
incorporate archaeological resource preservation during the early stages of project planning and design. Property owners,
developers, builders, design professionals and others involved in public or private development can use these guidelines to
anticipate City concerns, protect important cultural resources, and to design their projects so as to avoid delays during
development review and construction.
The LUCE EIR concluded that “development facilitated by Land Use and Circulation Element Update could adversely
affect identified and previously unidentified archaeological and paleontological resources. This includes potential
disturbance of human remains. General Plan policies would ensure that such impacts are addressed on a case‐by‐case basis.
Impacts would be considered Class III, less than significant” (LUCE EIR Section 4.5, Cultural Resources, Impact CR-2).
In addition, the LUCE EIR determined that “development facilitated by the LUCE Update could…result in the loss of a
unique geologic feature. However, compliance of future development projects with…adopted General Plan policies would
ensure that resulting impacts are Class III, less than significant” (LUCE EIR, Section 4.6 Geology and Soils, Impact GEO-
3).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, development facilitated under the Zoning Regulations Update will result in
impacts to archaeological and paleontological resources and undiscovered human remains. These changes are subject to the
policies and regulations included in the existing and proposed policies that target historical resource protection. The City
Historic Preservation Ordinance, Historic Preservation Program Guidelines, Historic Context Statement, Archaeological
Resource Preservation Program Guidelines and review by the Cultural Heritage Committee will govern development and
redevelopment that may occur during the lifetime of the LUCE and Zoning Regulations Update. All of these plans and
documents work together to protect San Luis Obispo’s archaeological and paleontological resources and are a means to
retain the community character and history, while providing enhancements in certain areas of the city. Impacts will be less
than significant with implementation of Applicable policies and regulations. Individual development will be required to
undergo separate environmental review, which may result in specific impacts that require project specific mitigation
consistent with existing policies and regulations.
Excavation of land, or development on previously undisturbed lands, may affect paleontological resources. COSE Policy
3.5.1 (Archaeological resource protection) requires protection of both archaeological and paleontological resources through
compliance with the City’s Archeological Resource Preservation Guidelines. This linkage through policy ensures that other
COSE policies such as 3.5.3 that prohibits non‐development related destruction of resources; and, 3.5.12 that protects
resources with open space designations; and, 3.6.5 through 3.6.7 regarding the treatment and curation of resources, would
apply to paleontological resources. The existence of resources would be determined during the exploration of a
development site at the time of a development proposal as required by COSE Policy 3.5.1. With implementation of the
existing COSE policies and compliance with state law, the impact to paleontological resources is considered less than
significant.
Development facilitated by the Zoning Regulations Update could adversely affect identified and previously unidentified
archaeological and paleontological resources, including the potential disturbance of human remains. However, adherence
to existing Federal, State and City policies and programs discussed above will address these impacts by requiring the study
of site-specific resources, identification of significant resources present within a given project site, requirements to avoid
significant resources and requirements to mitigate any impacts to these resources through project design, monitoring and
Native American consultation. As such, impacts are considered less than significant.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that
occur pursuant to the proposed Project would be required to conform to federal, State, and local guidelines and
Attachment 2
Packet Page 69
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 35
requirements that address the discovery of archaeological and paleontological resources. Pursuant to CEQA, future new
land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental
review on a project-by-project basis to assess impacts on archaeological resources. Therefore, the proposed Project would
not significantly disturb archaeological or paleontological resources. Impacts would be less than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new development in areas where such development is prohibited under the LUCE. Future
development that occurs pursuant to the proposed Project would be required to conform to all applicable regulations of the
Zoning Regulations, as updated, the LUCE and COSE, the Historic Preservation Ordinance, Historic Preservation Program
Guidelines, and Archaeological Resource Preservation Program Guidelines, which address historical, archaeological, and
paleontological resources. In addition, future actions are subject to State CEQA Guidelines Section 15064.5 relating to the
discovery of human remains Therefore, there would be no new impacts that have not been previously examined or
adequately addressed in LUCE EIR Section 4.5, Cultural Resources.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
1, 2, 3,
4, 6,
13, 14
I. Rupture of a known earthquake fault, as delineated on the
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? Refer to Division
of Mines and Geology Special Publication 42.
X
II. Strong seismic ground shaking? X
III. Seismic-related ground failure, including liquefaction? X
IV. Landslides? X
b) Result in substantial soil erosion or the loss of topsoil? 1, 2, 6,
13, 14 X
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on or off site landslide, lateral spreading,
subsidence, liquefaction or collapse?
1, 2, 6,
13, 14 X
d) Be located on expansive soil, as defined in Table 1802.3.2 of
the California Building Code (2013), creating substantial risks
to life or property?
1, 2, 6,
13, 14 X
e) Have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where sewers
are not available for the disposal of waste water?
X
Evaluation
San Luis Obispo County lies within the southern Coast Range Geomorphic Province, which lies between the Central Valley of
California and the Pacific Ocean and extends from Oregon to northern Santa Barbara County. The Coast Range province is
structurally complex and is comprised of sub‐parallel northwest‐southeast trending faults, folds, and mountain ranges. The most
distinctive geomorphological feature of the San Luis Obispo area is the series of Tertiary aged volcanic plugs (remnants of
volcanoes) which extend from the City of San Luis Obispo northwesterly to Morro Bay. Hollister Peak, Bishop Peak, Cerro San
Luis Obispo, Islay Hill, and Morro Rock are all comprised of these volcanic plugs. There are over 21 major and minor peaks in
the Morros, but there are nine major peaks, hence the name commonly used, “The Nine Sisters”. The nine major peaks are:
Morro Rock, Black Hill, Cabrillo Peak, Hollister Peak, Cerro Romauldo, Chumash Peak, Bishop Peak, Cerro San Luis Obispo,
and Islay Hill. The Nine Sisters form a divider between the Los Osos Valley and Chorro Valley, covering approximately 40
square miles.
Attachment 2
Packet Page 70
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 36
Seismicity and Ground Shaking. Faults produce ground shaking and/or surface rupture. Seismically induced ground shaking
covers a wide area and is greatly influenced by the distance of the site to the seismic source, soil conditions, and depth to
groundwater. Surface rupture is limited to very near the fault. Other hazards associated with seismically induced ground
shaking include earthquake‐triggered landslides, liquefaction, and tsunamis. The predominant northwest‐southeast trending
structures of the Coast Range Province are related to the San Andreas Fault Transform Boundary. Other faults in the San Luis
Obispo area that are considered active or potentially active include the San Juan Fault, the East and West Huasna Faults, the
Nacimiento Fault Zone, the Oceano Fault, the Oceanic Fault, Cambria Fault, the Edna Fault, the Hosgri Fault, and the Los Osos
Fault. The East and West Huasna Faults, the Nacimiento Fault Zone, the Cambria Fault, and the Edna Fault have not yet been
officially classified by the California Division of Mines and Geology (LUCE EIR Section 4.6, Geology and Soils). As depicted
in LUCE EIR Section 4.6 Geology and Soils, Figure 4.6‐1 Earthquake Faults – Regional Area and Figure 4.6.2 Earthquake
Faults – Local Area, the City is located in a seismically active area. Local active and potentially active faults are shown on
these figures, and represent seismic hazards related to surface displacement and seismically induced ground acceleration. These
faults are described in detail in LUCE EIR Section 4.6 Geology and Soils.
Liquefaction Hazards. Liquefaction is defined as the transformation of a granular material from a solid state to a liquefied state
as a consequence of increased pore water pressure. As a result, structures built on this material can sink into the alluvium,
buried structures may rise to the surface or materials on sloped surfaces may run downhill. Other effects of liquefaction include
lateral spread, flow failures, ground oscillations, and loss of bearing strength. The soils in the San Luis Obispo area that are
most susceptible to ground shaking, and which contain shallow ground water, are the ones most likely to have a potential for
settlement and or liquefaction (refer to LUCE EIR Section 4.6 Geology and Soils, Figure 4.6‐3 Seismic and Landslide
Hazards). The actual risk of settlement or liquefaction is identified by investigation of specific sites, including subsurface
sampling, by qualified professionals. Previous investigations have found that the risk of settlement for new construction can be
reduced to an acceptable level through careful site preparation and proper foundation design, and that the actual risk of
liquefaction is low.
Landslide Hazards. Landslides occur when the underlying support can no longer maintain the load of material above it, causing
a slope failure. Ground shaking and landslide hazards are mapped by the City and are shown in LUCE EIR Section 4.6 Geology
and Soils, Figure 4.6‐3 Seismic and Landslide Hazards. Much of the development in San Luis Obispo is in valleys, where there
is low potential for slope instability; however, the city contains extensive hillsides. Several are underlain by the rocks of the
Franciscan group, which is a source of significant slope instability. The actual risk of slope instability is identified by
investigation of specific sites, including subsurface sampling, by qualified professionals. The California Building Code (CBC)
and City Municipal Code require site‐specific investigations and design proposals by qualified professionals in areas that are
susceptible to slope instability and landslides.
Other Hazards. Differential settlement is the downward movement of the land surface resulting from the compression of void
space in underlying soils. Portions of the city have been identified as possibly being underlain by soft organic soils, resulting in
a high potential for settlement. Other potential geologic hazards in the City include expansive soils, and subsidence, which
occurs where underlying geologic materials (typically loosely consolidated surficial silt, sand, and gravel) undergo a change
from looser to tighter compaction, and as a result, the ground surface subsides (lowers) (refer to LUCE EIR Section 4.6
Geology and Soils, Table 4.6-1 City of San Luis Obispo Soil Properties).
a) The City is located in Seismic Zone 4, the highest level of potential earthquake threat in the State of California. City
General Plan Safety Element Figure 3, Earthquake Faults – Local Area shows mapped and inferred faults in the San Luis
Obispo area, including the Los Osos Fault, which is identified under the California Alquist Priolo Fault Hazards Act.
LUCE EIR Conclusion
The LUCE EIR concluded that “new development under the LUCE Update could be susceptible to impacts from future
seismic events, creating the potential for structural damage or health and safety risks. However, compliance with required
building codes and implementation of General Plan polices would result in a Class III, less than significant impact” (LUCE
Attachment 2
Packet Page 71
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 37
EIR, Section 4.6 Geology and Soils, Impact GEO-1).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis in the LUCE EIR, no hazards related to fault rupture area are expected to occur as a result of
implementation of the proposed Zoning Regulations Update because no historically active, active or potentially active
faults are located within or in the immediate vicinity of the city. However, regional faults that could result in strong
groundshaking including the San Andreas, San Juan Fault, the East and West Huasna Faults, the Nacimiento Fault Zone,
the Oceano Fault, the Oceanic Fault, Cambria Fault, the Edna Fault, the Hosgri Fault, and the Los Osos Fault. The range of
maximum probable magnitudes for earthquakes emanating from these faults ranges from 6.5 to 7.8, which would affect
existing and future development. Based on compliance with required building codes and the City’s General Plan, impacts
would be less than significant.
LUCE EIR Conclusion
Regarding liquefaction, the LUCE EIR concluded that “future seismic events could result in liquefaction of soils near San
Luis Obispo Creek, Prefumo Creek and other low‐lying areas. Development in these areas could be subject to liquefaction
hazards. The compliance of future development projects with the California Building Code (CBC) and General Plan
policies would result in Class III, less than significant impacts” (LUCE EIR, Section 4.6, Geology and Soils Impact
GEO‐2).
Proposed Zoning Regulations Update Analysis and Conclusions
Implementation of the proposed Zoning Regulations Update would facilitate the development and redevelopment of lands
within the City. Areas near San Luis Obispo Creek, Prefumo Creek, and other low-lying areas are susceptible to high
groundwater occurrences and most of the existing City has high liquefaction potential (refer to LUCE EIR Section 4.6
Geology and Soils, Figure 5 Groundshaking & Landslide Hazards). Based on compliance with required building codes and
the City’s General Plan, impacts would be less than significant.
LUCE EIR Conclusion
The LUCE EIR notes that build-out in areas that exhibit landslide hazards would have the potential to result in significant
impacts related to slope instability. The City requires the completion of detailed soils reports and ensures that the project
design follows the recommendation in the report. The LUCE EIR concluded that “steep slopes outside of the existing city
limits present potential on‐ or off‐site landslide hazards. In addition to human safety impacts, a landslide has the potential
to damage or destroy structures, roadways and other improvements as well as to deflect and block drainage channels,
causing further damage and erosion, including loss of topsoil. The compliance of future development projects with the
California Building Code (CBC) and General Plan policies would result in Class III, less than significant impacts” (LUCE
EIR Section 4.6 Geology and Soils, Impact GEO-4).
Proposed Zoning Regulations Update Analysis and Conclusions
Implementation of the proposed Zoning Regulations Update would facilitate the development and redevelopment of lands
within the City, and hillside areas identified for future annexation. Consistent with the LUCE EIR, future development may
be subject to direct and indirect impacts related to landslide hazards. Based on compliance with required building codes
and the City’s General Plan, impacts would be less than significant.
The existing General Plan includes several policies that are intended to minimize potential impacts due to seismicity
including: LUE Policy 6.4 Hillside Policies; and Safety Element Policies 4.5 Avoiding Faults, 4.6 Avoiding Slope
Instability, and 4.7 Avoiding Liquefaction Hazards. In addition, the proposed Project includes updated hillside
development standards, which are proposed to implement goals of the COSE, including protection of the “health, safety
Attachment 2
Packet Page 72
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 38
and welfare of community residents by directing development away from areas with hazards such as landslides, wildland
fires, flooding and erosion” (refer to Article 3, Hillside Development Standards). The proposed Hillside Development
Standards chapter includes standards requiring that “each structure shall be located in the most accessible, least visually
prominent, most geologically stable portion or portions of the site, at the lowest feasible elevation” and identifies standards
specific to density, proximity to ridgelines, protection of natural slopes 26 percent and greater, and maximum 20 land
disturbance area.
Consistent with the LUCE, implementation of proposed Zoning Regulations Update would facilitate the development and
redevelopment of lands within the City, including areas with potential geologic hazards and soil types conducive to
liquefaction and other stability risks. The potential human health and safety impacts from seismic events would be
mitigated by existing regulations including the CBC. The City periodically updates the version of the CBC in use to keep
current with changes in technology and research regarding building construction and safety. The City’s adoption of the
CBC includes standards for new construction affecting plumbing, electrical, construction unreinforced masonry, wells,
property maintenance. Proper engineering, including compliance with the CBC, the City of San Luis Obispo Municipal
Code, existing policies identified in the LUE and Safety Element, and updated Hillside Development Standards included in
the proposed Project would minimize the risk to life and property and would reduce impacts to less than significant levels.
The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations,
standards and design standards of the CBC, Municipal Code, and Zoning Regulations (Hillside Development Standards)
that address seismic hazards. In addition, the City Municipal Code identifies building requirements to ensure the safety of
life and property through the regulation of development under Title 15 Building and Construction, Section 15.04 –
Construction and Fire Prevention Regulations. This would include the Unreinforced Masonry Hazard Mitigation Program.
Therefore, the proposed Zoning Regulations Update would not expose people or structures to substantial adverse effects
due to seismicity. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not make changes to the City’s Municipal Code that addresses geologic risks
and building safety. Proposed Hillside Development Standards would further minimize potential seismic risks.
Additionally, the proposed Project would not allow new development in areas where such development is prohibited under
the LUCE. Therefore, there would be no new seismic-related impacts that have not been previously examined or
adequately addressed in LUCE EIR Section 4.6 Geology and Soils).
b) As shown in LUCE EIR Section 4.6 Geology and Soils, Table 4.6-1 City of San Luis Obispo Soil Properties, soils
throughout the City of San Luis Obispo have high to very high erosion potential. Structures and facilities constructed on
highly erosive soils, as well as occupants of the structures, would have the potential to be exposed to hazards related to
erosion. The CBC includes requirements to address soil related hazards. Typical measures included in the CBC
requirements intended to treat hazardous soil conditions involve removal, proper fill selection, and compaction. The City’s
Municipal Code requires implementation of erosion control measures, as approved through the grading and building permit
process (refer to related Municipal Code sections including but not limited to Chapter 15.04 Construction and Fire
Prevention Regulations, Chapter 12.08 Urban Storm Water Quality Management and Discharge Control, Chapter 16.18
General Subdivision Standards, Chapter 16.20 Physical Improvement Standards and Procedures, and Chapter 17.84
Floodplain Management Regulations).
LUCE EIR Conclusion
The LUCE EIR determined that erosion would not be a substantial constraint to development of individual sites provided
that adequate soil and foundation studies are performed prior to construction in accordance with the CBC and existing
General Plan policies. The City requires submittal of erosion control plans and the completion of detailed soils reports and
ensures that the project design follows the recommendation in the report and plan. The LUCE EIR concluded that
Attachment 2
Packet Page 73
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 39
“development facilitated by the LUCE Update could occur on soils that have the potential to present natural hazards
(expansive soils, erosive soils, and differential settlement) to structures and roadways. Development could also result in the
loss of a unique geologic feature. However, compliance of future development projects with the California Building Code
and adopted General Plan policies would ensure that resulting impacts are Class III, less than significant” (LUCE EIR
Section 4.6 Geology and Soils, Impact GEO-3).
Proposed Zoning Regulations Update Analysis and Conclusions
Development facilitated by the Zoning Regulations Update could occur on soils that have the potential to present hazards,
including erosive soils, to structures and roadways. Consistent with the LUCE EIR, adherence to the existing City’s
General Plan, the proposed updated Hillside Development Standards, the City of San Luis Obispo Municipal Code, and
implementing proper engineering, including compliance with the California Building Standards, will ensure that potential
impacts related to erosive soils remain less than significant. Individual development will be required to undergo separate
environmental review, which may result in specific impacts that require project specific mitigation consistent with these
policies.
The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations,
standards and design standards of the Municipal Code and Zoning Regulations (Hillside Development Standards) that
address erosion hazards. Therefore, the proposed Zoning Regulations Update would not expose people or structures to
substantial adverse effects due to erosion or loss of topsoil. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not make changes to the City’s Municipal Code that address erosion and loss
of topsoil. Proposed Hillside Development Standards would further minimize potential erosion risks. Additionally, the
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new erosion-related impacts that have not been previously examined or adequately addressed
in LUCE EIR Section 4.6 Geology and Soils.
c) LUCE EIR Conclusion
The LUCE EIR notes that build-out in areas that exhibit landslide and other geologic hazards would have the potential to
result in significant impacts related to slope instability (refer to discussion a, above for additional information regarding
potential seismic hazards). A landslide and other geologic hazards that destabilize slopes have the potential to damage or
destroy structures, roadways and other improvements as well as to deflect and block drainage channels, causing further
damage and erosion, including loss of topsoil. The City requires the completion of detailed soils reports and ensures that
the project design follows the recommendation in the report, to ensure slope stability, pursuant to the City’s Municipal
Code and the CBC.
The LUCE EIR concluded that “steep slopes outside of the existing city limits present potential on‐ or off‐site landslide
hazards. In addition to human safety impacts, a landslide has the potential to damage or destroy structures, roadways and
other improvements as well as to deflect and block drainage channels, causing further damage and erosion, including loss
of topsoil. The compliance of future development projects with the California Building Code (CBC) and General Plan
policies would result in Class III, less than significant impacts” (LUCE EIR Section 4.6 Geology and Soils, Impact GEO-
4).
The General Plan includes several policies that are intended to minimize potential impacts due to slope instability
including: LUE Policy 6.4 Hillside Policies and Safety Element Policies 4.6 Avoiding Slope Instability and 4.7 Avoiding
Liquefaction Hazards. In addition, the proposed Project includes an updated Hillside Development Standards chapter (refer
to proposed Zoning Regulations Update Article 3). In addition, the City Municipal Code identifies building requirements to
ensure the safety of life and property through the regulation of development under Title 15 Building and Construction,
Attachment 2
Packet Page 74
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 40
Section 15.04 – Construction and Fire Prevention Regulations. These regulations require detailed soils analysis be prepared
to support the proposed building or subdivision activity. As a result of the analysis, larger footings, soil amendment or
changes in construction methods and/or materials may be required. While design features and engineering solutions cannot
be known until a specific development is proposed for a given site, compliance with the CBC, the City Municipal Code and
General Plan policies will reduce impacts from landslides to less than significant. Individual development will be required
to undergo separate environmental review, which may result in specific impacts that require project specific mitigation
consistent with these policies.
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, implementation of the proposed Zoning Regulations Update would facilitate the
development and redevelopment of lands within the city, including areas with potential geologic hazards and soil types
conducive to liquefaction and other stability risks. The potential human health and safety impacts from landslide,
liquefaction, and other slope stability risks would be considered significant; however, new development would conform to
the CBC. Proper engineering, including compliance with the CBC, the City Municipal Code, existing policies identified in
the LUE and Safety Element, and updated Hillside Development Standards included in the proposed Project would
minimize the risk to life and property.
The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations,
standards and design standards of the CBC, Municipal Code, and Zoning Regulations (Hillside Development Standards)
that address slope stability. Based on compliance with existing regulations, potential impacts related to slope instability
would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not make changes to the City’s Municipal Code that addresses geologic risks
and building safety. Proposed Hillside Development Standards would further minimize potential seismic risks.
Additionally, the proposed Project would not allow new development in areas where such development is prohibited under
the LUCE. Therefore, there would be no new seismic-related impacts that have not been previously examined or
adequately addressed in LUCE EIR Section 4.6, Geology and Soils.
d) As shown in LUCE EIR Section 4.6 Geology and Soils, Table 4.6‐1 City of San Luis Obispo Soil Properties, several soils
within the City have moderate shrink‐swell potential, and the potential for soil settlement could result in significant impacts
to new development in these areas. The shrink‐swell characteristics of soils can vary widely within short distances,
depending on the relative amount and type of clay.
LUCE EIR Conclusion
The LUCE concluded that “development facilitated by the LUCE Update could occur on soils that have the potential to
present natural hazards (expansive soils, erosive soils, and differential settlement) to structures and roadways. Development
could also result in the loss of a unique geologic feature. However, compliance of future development projects with the
California Building Code and adopted General Plan policies would ensure that resulting impacts are Class III, less than
significant” (LUCE EIR Section 4.6 Geology and Soils, Impact GEO‐3).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis in the LUCE EIR, implementation of the proposed Zoning Regulations Update would facilitate the
development and redevelopment of lands within the city, including areas with expansive soils. The CBC includes
requirements to address soil related hazards. Typical measures included in the CBC requirements intended to treat
hazardous soil conditions involve removal, proper fill selection, and compaction. Expansion or large‐scale settlement
Attachment 2
Packet Page 75
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 41
problems would not be a substantial constraint to development of individual sites provided that adequate soil and
foundation studies are performed prior to construction in accordance with existing General Plan policies and CBC
regulations. The City requires the completion of detailed soils reports and ensures that the project design follows the
recommendation in the report. In addition, the Municipal Code identifies building requirements to ensure the safety of life
and property through the regulation of development under Title 15 Building and Construction, Section 15.04 –
Construction and Fire Prevention Regulations. Adherence to the City’s General Plan and the City’s Municipal Code, and
implementing proper engineering, including compliance with the CBC, will ensure that potential expansive soils and
differential settlement impacts remain less than significant. Individual development will be required to undergo separate
environmental review, which may result in specific impacts that require project specific mitigation consistent with these
policies. Adherence to the existing City’s General Plan, the City Municipal Code, and implementing proper engineering,
including compliance with the CBC, will ensure that potential impacts related to expansive soils remain less than
significant.
The proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Zoning Regulations Update would be required to conform to all General Plan policies, and applicable regulations,
standards and design standards of the Municipal Code and CBC that address geologic hazards, including expansive soils.
Therefore, potential impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not make changes to the Municipal Code that addresses expansive soils.
Additionally, the proposed Project would not allow new development in areas where such development is prohibited under
the LUCE. Therefore, there would be no new impacts related to expansive soils that have not been previously examined or
adequately addressed in LUCE EIR, Section 4.6 Geology and Soils.
e) The entirety of the City is served by established wastewater conveyance and treatment services, and new development
would connect to the municipal system. Therefore, the proposed Zoning Regulations Update would not result in impacts
associated with soils supporting the use of septic systems. No impacts would occur.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not result in the construction of new septic systems within the City, as new
development would connect to the existing municipal system. Therefore, no impact would occur.
7. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
1, 2, 3,
4, 6, 7,
8, 14,
18, 19,
20
X
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases?
1, 2, 3,
4, 6, 7,
8, 14,
18, 19,
20
X
Evaluation
As outlined in LUCE EIR Section 4.7 Global Climate Change, prominent GHG emissions contributing to the greenhouse effect
are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and
sulfur hexafluoride (SF6). Anthropogenic (human‐caused) GHG emissions in excess of natural ambient concentrations are
responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known as
Attachment 2
Packet Page 76
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 42
global climate change or global warming. Global sources of GHG emissions include fossil fuel combustion in both stationary
and mobile sources, fugitive emissions from landfills, wastewater treatment, agricultural sources, deforestation, high global
warming potential (GWP) gases from industrial and chemical sources, and other activities. The major sources GHG emissions
in the City are transportation‐related emissions from cars and trucks, followed by energy consumption in buildings. These local
sources constitute the majority of GHG emissions from community‐wide activities in the city, and combine with regional,
statewide, national, and global GHG emissions that result in the cumulative effect of global warming, which is causing global
climate change. A minimum level of climate change is expected to occur despite local, statewide, or other global efforts to
mitigate GHG emissions. The increase in average global temperatures will result in a number of locally‐important adverse
effects, including sea‐level rise, changes to precipitation patterns, and increased frequency of extreme weather events such as
heat waves, drought, and severe storms.
Statewide legislation, rules and regulations that apply to GHG emissions include the Global Warming Solutions Act of 2006
(Assembly Bill [AB] 32), Climate Pollution Reduction Beyond 2020 Healthier Communities and a Stronger Economy (Senate
Bill [SB] 32), the Sustainable Communities and Climate Protection Act of 2008 (Senate Bill [SB] 375), Advanced Clean Cars
Rule, Low Carbon Fuel Standard, Renewable Portfolio Standard, California’s Green Building Standards Code (CALGreen),
and recent amendments to the California Environmental Quality Act (CEQA) pursuant to SB 97 with respect to analysis of
GHG emissions and climate change impacts. Plans, policies and guidelines have also been adopted at the regional and local
level that address GHG emissions and climate change effects in the City. The San Luis Obispo County Air Pollution Control
District (APCD) adopted a CEQA Air Quality Handbook, as well as guidance on GHG emission thresholds and supporting
evidence, that may be applied by lead agencies within San Luis Obispo County (APCD April 2012, APCD March 2012). The
City also adopted a Climate Action Plan (CAP) that includes a GHG emissions inventory, identifies GHG emission reduction
targets, and includes specific measures and implementing actions to both reduce community‐wide GHG emissions and help the
city build resiliency and adapt to the effects of climate change.
a, b) LUCE EIR Section 4.7 Global Climate Change addresses the potential impacts resulting from implementation of the
LUCE, including short-term and long-term GHG emissions. As discussed in the LUCE EIR, the City conducted a GHG
emissions inventory of annual emissions for the baseline year 2005. This 2009 inventory includes estimated
community‐wide emissions for the transportation, residential and commercial/industrial energy usage (electricity and
natural gas), and solid waste sectors. The City’s CAP also includes forecasted business‐as‐usual (BAU) emissions for 2010,
2020 and 2035, consistent with population, housing and employment data for 2010 and projections for 2020 and 2035.
Forecasted 2020 and 2035 emissions were estimated based on growth rates provided by the San Luis Obispo Council of
Governments (SLOCOG). The CAP BAU forecast supersedes forecasted emissions included in the original inventory,
conducted in 2009. The baseline inventory and BAU forecasts are summarized in LUCE EIR Section 4.7 Global Climate
Change, Table 4.7‐1 Baseline and Forecasted GHG Emissions. As shown in this table, communitywide BAU emissions
were estimated to increase by approximately 9 percent in 2020 compared to 2005 levels and would further increase by
approximately 21 percent in 2035 compared to 2005 levels.
LUCE EIR Conclusion
Projected growth in housing and employment assumed under the LUCE was determined to be equal to or slightly less than
the growth projections used to estimate worst case, “business‐as‐usual” (BAU) future GHG emissions in the CAP.
Therefore, expected long‐term operational GHG emissions generated by new development consistent with the LUCE
would be consistent with forecasted BAU communitywide emissions in the CAP. The CAP includes a communitywide
GHG emissions reduction target of 15 percent below 2005 levels by 2020. This target can also be expressed as a 22 percent
reduction below the projected BAU forecast by 2020, which takes into account anticipated growth in population, housing
and employment and associated changes in the built environment. The CAP includes specific GHG reduction measures in
the CAP that are designed to achieve this target, in combination with state and federal legislative reductions. As shown in
LUCE EIR Section 4.7 Global Climate Change, Table 4.7‐2 CAP Community-wide GHG Emissions Reductions in 2020
and 2035, which includes expected emissions reductions from CAP GHG reduction measures along with State legislative
reductions and the resulting net emissions expected in 2020 and 2035 as a result of implementation of all CAP measures,
community-wide emissions would be reduced to 16 percent below 2005 levels by the year 2020, exceeding the 15 percent
Attachment 2
Packet Page 77
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 43
target. LUCE EIR Section 4.7 Global Climate Change, Table 4.7‐3 Consistency of Proposed LUCE Update Policies and
Program with Climate Action Plan Measures and Actions summarizes the LUCE policies that would support or directly
result in the reduction of GHG emissions or serve as climate adaptation strategies, and provides a reference to
corresponding CAP strategies and implementing actions, where applicable, to demonstrate consistency with the adopted
CAP. The LUCE EIR concluded that because the LUCE update included policies and programs that are consistent with
GHG reduction policies and measures that are in the CAP, communitywide GHG emissions reductions assumed in the CAP
were applicable to the proposed LUCE update. Therefore, the LUCE EIR determined that the incremental contribution of
GHG emissions associated with implementation of the LUCE would not be cumulatively considerable, and implementation
of proposed and existing policies would reduce potential impacts to a less‐than‐significant level.
The LUCE EIR concluded that “implementation of the proposed LUCE Update could result in an increase in GHG
emissions due to short-term construction and long‐term operational activities associated with new housing and commercial
development, resulting in a cumulatively considerable contribution to the impact of global climate change. However,
because the proposed LUCE Update would be consistent with the City’s CAP and incorporates applicable CAP policies
and programs that would reduce GHG emissions, this impact would be considered Class III, less than significant” (LUCE
EIR Section 4.7 Global Climate Change, Impact GCC-1).
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Zoning Regulations Update is one of the principal tools for implementing the LUCE and will advance
greenhouse gas reduction goals as mandated by the State (AB32, SB375) and the City’s CAP. The proposed Project
facilitates the development of a sustainable, multi-modal community to reduce per capita VMT and GHG emissions
through increased design standards, new design guidelines, and the imposition of general site regulations. The adopted
CAP will be undergoing a substantive revision, and the policy directives in the updated CAP will guide City action on
GHG reduction strategies in all City regulatory documents. However, the current CAP includes several policy directives
that can be implemented now via the Zoning Regulations Update. The Planning Commission has reviewed a white paper
outlining possible implementation strategies, and at the May 3, 2018 community workshop, participants suggested
additional strategies that might be addressed in the Zoning Regulations Update. It should be noted that the City is already
forward thinking in its climate adaption strategies and has adopted measures to reduce the City’s carbon footprint, such as
requiring extensive tree canopy in parking lots (which reduces heat island effects and improves carbon sequestration),
requiring wiring for electric vehicle charging in garages in new subdivisions, and requiring LEED Silver or equivalent
development as an incentive in the C-D zone. Also, the State is moving forward with climate change initiatives, such as
requiring solar installations on new development beginning in 2020, which will be applied to new developments. New
strategies in the updated Zoning Regulations include:
As an incentive for increased height in the C-D zone and a community benefit for a PD overlay, having a developer
provide net-zero energy construction features
Reducing the allowable pervious surface coverage in front yards of R-1 zones from 50 percent to 40 percent
As an incentive for increased height in the C-D zone and a community benefit for a PD overlay, requiring a
Transportation Demand Management (TDM) program that achieves measurable 20 percent mode shift and that is
covenanted for long-term implementation
Allowing shared car services (e.g., ZipCar) spaces to be located in developments without increased parking
requirements
Parking requirements for alternative clean fuel vehicles
Requirements for showers, lockers and changing rooms for large developments
Reducing car parking requirements and increasing bike parking
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Buildout pursuant to
the LUCE and the proposed Project would increase development intensity within the city limits, as well as undeveloped
areas to a more built environment, thereby resulting in the generation of GHGs. As noted above, the General Plan, CAP,
and policies adopted in the LUCE protect air quality and facilitate GHG reductions through policies and plan review. In
Attachment 2
Packet Page 78
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 44
addition, proposed regulated performance standards applicable to future development require that “The use of
conventional energy sources for space heating and cooling, water heating, and illumination shall be minimized by means
of proper design and orientation, including provision and protection of solar exposure” (proposed Zoning Regulations
Section 17.74.050, Energy Conservation). Adherence to these requirements would reduce any impacts from buildout
occurring under the proposed Zoning Regulations Update, to less than significant. Therefore, the proposed Project would
be consistent with the CAP and impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project includes updates that would facilitate implementation of the goals identified in the City’s CAP, which
would facilitate GHG reductions consistent with local and state regulations. Additionally, the proposed Project would not
allow new development in areas where such development is prohibited under the LUCE. Therefore, there would be no new
impacts related to GHGs and global climate change that have not been previously examined or adequately addressed in
LUCE EIR Section 4.7 Global Climate Change.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
1, 2, 3,
6, 13,
14
X
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
1, 2, 3,
6, 13,
14
X
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
1, 2, 3,
6, 13,
14
X
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
1, 2, 3,
6, 13,
14
X
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
1, 2, 3,
4, 6,
13, 14,
23, 24
X
f) For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or working
in the project area?
1, 2, 3,
4, 6,
13, 14,
23, 24
X
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
1, 2, 3,
6, 13,
14
X
h) Expose people or structures to a significant risk of loss, injury,
or death involving wildland fires, including where wildlands
are adjacent to urbanized areas or where residences are
intermixed with wildlands?
1, 2, 3,
4, 6,
13, 14,
25
X
Evaluation
Hazardous Materials. Hazardous materials are defined as substances with physical and chemical properties of ignitability,
corrosivity, reactivity, or toxicity which may pose a threat to human health or the environment. This includes, for example,
chemical materials such as petroleum products, solvents, pesticides, herbicides, paints, metals, asbestos, and other regulated
Attachment 2
Packet Page 79
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 45
chemical materials. Additionally, hazards include known historical spills, leaks, illegal dumping, or other methods of release of
hazardous materials to soil, sediment, groundwater, or surface water. If a historical release exists, then there is a risk associated
with disturbing the historical release area. Examples of these are gas stations and areas that historically included oil production.
The potential for risks associated with hazardous materials are varied regionally. The primary risk concerns identified by the
city, as stipulated in the City’s Safety Element, include radiation hazards and the transportation of hazardous materials in and
around the city.
Because of the widespread use of hazardous materials in our communities, minor and major hazardous materials spills and
incidents occur. Most of these incidents are related to the increasing frequency of transport of chemicals over roadways,
railways or through industrial accidents. US 101 and a rail corridor are major transportation corridors through the San Luis
Obispo area. Trains and trucks commonly carry a variety of hazardous materials, including gasoline and various crude oil
derivatives, and other chemicals known to cause human health problems. When properly contained, these materials present no
hazard to the community. But in the event of an accident or derailment, such materials may be released, either in liquid or gas
form. In the case of some chemicals (such as chlorine), highly toxic fumes may be carried far from the accident site.
Transporters of hazardous waste in California are subject to many federal and state regulations. They must register with the
California Department of Health Services (DHS) and ensure that vehicle and waste container operators have been trained in the
proper handling of hazardous waste. Vehicles used for the transportation of hazardous waste must pass an annual inspection by
the California Highway Patrol. Transporters must allow the Highway Patrol and/or the DHS to inspect its vehicles and must
make certain required inspection records available to both agencies. The transport of hazardous materials that are not wastes is
regulated by the U.S. Department of Transportation through national safety standards.
Other risks resulting from hazardous materials include the use of these materials in local industry, businesses and agricultural
production. The owner or operator of any business or entity that handles a hazardous material above threshold quantities is
required, by State and Federal laws, to submit a Business Plan to the local Certified Unified Program Agency (CUPA). San
Luis Obispo County Environmental Health Services Division is the CUPA and the City of San Luis Obispo Fire Department
administers the program within the city.
In order to address the risks to health and property associated with hazardous material releases, the City of San Luis Obispo Fire
Department maintains several active programs designed to address emergency situations, including the release of hazardous
materials. Other potential hazards described in further detail in LUCE EIR Section 4.8 Hazards and Hazardous Materials
include radiation, electromagnetic fields, and hazardous trees.
Airport Hazards. The San Luis Obispo County Airport provides commuter, charter, and private aviation service to the area. The
primary hazard associated with land uses near the airport is the risk of aircraft incidents on approach and take‐off. The San Luis
Obispo County Airport Land Use Commission (ALUC) is an independent body of seven members that was created in response
to the mandates of The State Aeronautics Act, first enacted in 1967. As the means of fulfilling these basic obligations, the
ALUC must prepare and adopt Airport Land Use Plans (ALUPs) for each airport within their jurisdiction. In addition to
formulating ALUPs, the ALUC is required to review certain types of action by local counties and cities, which affect the land
use in the vicinity of airports for consistency with the ALUP. Although the ALUC is not part of any local governmental
structure, the City must refer certain local actions to the ALUC. Those local actions include: general plans and general plan
amendments; specific plans and specific plan amendments; zoning ordinances and zoning ordinance amendments; and, building
regulations and modifications thereof.
The policies in the ALUP are intended to minimize the public’s exposure to excessive noise and safety hazards while providing
for the orderly expansion of airports (Public Utility Code Section 21670(a)(2) (refer to LUCE EIR Section 4.8 Hazards and
Hazardous Materials, Figure 4.8‐3 Airport Hazards). The ALUC has developed an ALUP for the San Luis Obispo County
Regional Airport that was first adopted in 1973, was updated in May 2005, and is currently being updated. The ALUP has
identified safety zones with associated land use density and intensity restrictions. The ALUP defines these as: Runway
Protection Zones, Safety Areas S‐1 a through c, and Safety Area S‐2 (refer to LUCE EIR Section 4.8 Hazards and Hazardous
Materials and the ALUP for additional information regarding safety zones).
Attachment 2
Packet Page 80
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 46
Fire Risk. Fires have the potential to cause significant losses to life, property, and the environment. Urban fire hazards result
from the materials that make up the built environment, the size and organization of structures, and spacing of buildings.
Additional factors that can accelerate fire hazards are availability of emergency access, available water volume and pressure for
fire suppression, and response time for fire fighters. Fire hazard severity in rural areas, including areas on the edge between
urban and rural land (commonly called the wildland interface), are highly influenced by the slope of the landscape and site
vegetation and climate. Wildland fire hazards exist in at the city’s edges. Refer to LUCE EIR Section 4.8 Hazards and
Hazardous Materials, Figure 4.8‐1 Fire Hazard Severity Zones, for a detailed depiction of the wildland fire risk assessment for
the city’s outlying areas.
Government Code Sections 51175 through 51189 require identification of land within very high fire hazard severity zones to
identify measures that will mitigate uncontrolled fires that threaten to destroy resources, life, or property, and to require that
those measures be taken (refer to LUCE EIR Section 4.8 Hazards and Hazardous Materials, Figure 4.8‐1 Fire Hazard Severity
Zones). Properties within these zones are required to utilize Wildland‐Urban Interface Fire Area Building Standards to
minimize the threat of property damage in the event a wildfire occurs in close proximity to these properties. The objective of
the Wildland‐Urban Interface Fire Area Building Standards is to establish minimum standards for materials and construction to
provide a reasonable level of exterior wildfire exposure protection for buildings in Very High Fire Hazard Severity Zones and
other areas designated by the City Council after a public hearing. The City has not identified a separate Wildland‐Urban
Interface Fire Zone but rather has determined it to be coterminous with the state‐identified Very High Fire Hazard Severity
Zone. However, local building code has been adopted to address the idea that the City is within an area that may put the
community at risk of impacts from wildland fires and has increased construction requirements to address fire hazard. For
additional information regarding factors that contribute to wildfire risk, refer to LUCE EIR Section 4.8 Hazards and Hazardous
Materials.
a), b), c), d), g) LUCE EIR Conclusion
Exposure to Hazardous Materials. Implementation of the LUCE would facilitate new development (including residences)
within several areas in and around the city where hazardous materials could be stored or used, or where previous use has
resulted in contamination of the site. Residential development proximate to commercial or industrial facilities using or
storing hazardous materials has the potential to increase the risk of exposure to harmful health effects. Areas where users of
hazardous materials are located are confined primarily to commercial and industrial areas of the city. Construction
activities may require the use of hazardous materials, which could be a threat if they were to have an adverse impact on the
public or environment. This includes the generation of hazardous waste, potential release or explosion of substances, and
construction taking place within a quarter mile of an established or planned school or construction within a site which is
included on a list of hazardous material sites compiled pursuant to Government Code §65962.5 resulting in the creation of
a significant hazard to the public or the environment. The LUCE EIR notes that by allowing for residential or mixed-use
development in commercial and industrial areas where there may have been past use or there may be current use of
hazardous materials, the potential for exposure may increase due to: (1) potential soil/groundwater contamination resulting
from past practices; and (2) the proximity of new residential development to ongoing activity involving the use of
hazardous materials. Development or redevelopment in these areas would have the potential for exposure of hazardous
materials to the public. The magnitude of exposure to hazards for individual projects would depend upon the location, type,
and size of development and the specific hazards associated with individual sites.
Older structures throughout the city could potentially have asbestos containing materials (ACM) and/or lead‐based paint
(LBP). If demolition of these structures occurred, ACM or LBP could be released, resulting in adverse health effects. To
prevent health risks to occupants or construction workers, proper ACM and LBP abatement and disposal procedures are
required to be undertaken whenever the demolition is considered for structures that were built prior to 1979.
The presence of soil or groundwater contamination would depend upon the location of the construction site and its
proximity to sources of contamination. Depending on the previous land uses, new development could present potential risk
of exposure to contamination associated with agricultural pesticide use, leaking underground storage tanks (LUSTs),
undocumented abandoned oil and gas wells, and/or various industrial contaminants. Hence, development of vacant and
underutilized sites under buildout would increase the potential for exposure to soil and groundwater contamination hazards.
Attachment 2
Packet Page 81
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 47
However, any necessary assessment and remediation of the properties would be completed in accordance with applicable
regulatory requirements prior to development. In addition to compliance with General Plan policies and regulatory
requirements, mitigation would be required to reduce potential impacts to a less than significant level. The City of San Luis
Obispo Fire Department will continue to maintain programs designed to address emergency situations, including the
release of hazardous materials.
The LUE includes policies and programs for development near known hazardous material users, or construction in areas
with existing hazardous materials, that could expose individuals to health risks due to soil/groundwater contamination or
emission of hazardous materials into the air. These policies include: 2.3.11 Residential Project Objectives (provide buffers
from hazardous materials transport routes, as recommended by the City Fire Department); 6.4.6 Homesites Outside the
Limit Lines (have effective emergency-vehicle access from a City street or County road); and 12.9 Environmental Review.
The Safety Element lists policies for development near known hazardous material users, or construction in areas with
existing hazardous materials or general hazardous conditions, that could expose individuals to health risks due to
soil/groundwater contamination or emission of hazardous materials into the air which include: Safety Element Policies 6.1
(Other Hazardous Materials), 6.2 (Minimizing Hazardous Materials Exposure), 6.3 (Hazardous Materials in City
Operations). In addition, the Safety Element includes a comprehensive set of policies and programs intended to address
avoiding and preparing for emergencies in general. This includes programs and requirements intended to avoid several
kinds of emergencies and to respond to those that occur (refer to Safety Element Policies 10.0 through 10.23).
The City Demolition and Moving of Buildings Section 115 Public Safety Requirements include general requirements for
building demolition activities, permitting for such activities, hauling operations, and routes of moving materials in order to
address hazardous materials issues. In addition, there are subsections included for dust and debris, fire safety, and removal
and disposal of demolition materials. In addition, adherence to the Federal Asbestos NESHAP regulations and State and
Federal regulations pertaining to the abatement of lead-based paints will reduce expose of these materials. In addition, the
City of San Luis Obispo Fire Department Hazardous Waste Generator Permit ensures that the City Fire Department permits
hazardous waste generators in San Luis Obispo County.
The LUCE EIR states that based on compliance with the General Plan and existing regulations summarized above, future
development implemented pursuant to the LUCE would not impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation plan (LUCE EIR Section 4.8, Hazards and Hazardous
Materials).
The LUCE EIR determined that “development facilitated by the LUCE Update could occur near known hazardous material
users or result in construction in areas with existing hazardous materials. Implementation of the LUCE Update could
expose individuals to health risks due to soil/groundwater contamination or emission of hazardous materials into the air and
could impact an adopted emergency response/evacuation plan. With the incorporation of the proposed LUCE Update
policies and existing City policies, potential impacts are considered Class III, less than significant” (LUCE EIR Section
4.8, Impact HAZ‐1).
Proposed Zoning Regulations Update Analysis and Conclusions
Similar to the analysis identified in the LUCE EIR and summarized above, implementation of the proposed Zoning
Regulations Update has the potential to result in significant impacts related to the introduction of new development near
known hazardous material users, or construction in areas with existing hazardous materials, that could expose individuals
to health risks due to soil/groundwater/materials contamination or emission of hazardous materials into the air. Upon
review of specific projects and development proposals, where required, further review including completion of phased
Environmental Site Assessments to determine the potential for hazardous materials, soil and groundwater sampling, and
documented recommendations for remediation under the appropriate oversight agency would reduce the risk of possible
contamination. In addition, compliance with General Plan policies and current federal and state requirements would reduce
impacts to less than significant levels.
Attachment 2
Packet Page 82
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 48
LUCE EIR Conclusion
Regarding potential exposure to hazardous materials transported by rail and highway, development along the railroad
tracks would be most susceptible to hazardous materials impacts associated with railway accidents, and development along
Highway 101 would be most susceptible to hazardous materials impacts associated with highway accidents. Applicable
policies and programs that address this impact include: Safety Element Policies 9.1 Hazardous Materials; Policy 6.2
Minimizing Hazardous Materials Exposure; Policy 6.3 Hazardous Materials in City Operations.
The LUCE EIR determined that “development under the proposed LUCE Update could potentially introduce sensitive
receptors to areas in direct proximity to hazardous materials transportation corridors including the Union Pacific Railroad
and Highway 101 and could potentially create a public safety hazard. This is a Class III, less than significant impact”
(LUCE EIR, Section 4.8 Hazards and Hazardous Materials, Impact HAZ-5).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the conclusions of the LUCE EIR, impacts to new development implemented pursuant to the Zoning
Regulations Update are considered potentially significant; however, based on compliance with existing General Plan
policies and programs, impacts related to hazards from rail and highway accidents and the transportation of hazardous
materials within the city would be reduced to a less than significant level.
LUCE EIR Conclusion
Other Hazards. The LUCE EIR also identified other potential hazards including radiation, electromagnetic fields, and
hazardous trees. The Diablo Canyon Nuclear Power Plant, which is pending closure estimated in 2024-2025, is the primary
hazard for ionizing radiation in the San Luis Obispo area. Emergency planning at the Diablo Canyon facility is coordinated
with the Emergency Services Director from the Office of the County Administer and the state Department of Health
Services (DHS) provides oversight and guidance on many health-related issues. Applicable response plans for an
emergency at the Diablo Canyon Nuclear Power Plant include the State of California Emergency Plan the San Luis Obispo
County/Cities Nuclear Power Plant Emergency Response Plan. Implementation of the LUCE would have the potential to
introduce residents to regional hazards associated with a radiation leak at Diablo Canyon Nuclear Power Plant.
Incorporation of the existing state and federal regulations and compliance with local response plan implemented by the
County and City of San Luis Obispo will reduce impacts related to radiation hazards to less than significant levels.
Regarding electromagnetic fields, which have the potential to affect biological systems, the LUCE EIR determined that
implementation of Safety Element Policies 7.0 Exposure to Electromagnetic Fields and 7.1 Notification to Buyers Near
Electromagnetic Fields would reduce impacts related to exposure to electromagnetic fields are reduced to less than
significant levels.
The City Municipal Code, Ordinance 1544 Tree Ordinance, outlines the regulatory procedures and authority for the
trimming or removal of hazardous trees. Safety Element policies and programs to minimize danger to people and property
from trees that are weakened and susceptible to falling or limb loss during storms include: Policy 9.0 Hazardous Trees and
Program 9.1 Hazardous Trees. The LUCE EIR determined that implementation of the City’s policies and programs and
Tree Ordinance will reduce safety impacts to less than significant levels. In addition to the policies and programs listed
above, the Safety Element includes a comprehensive set of policies and programs intended to address avoiding and
preparing for emergencies in general. Safety Element Policies and Programs 10.0 through 10.9 are intended to avoid
several kinds of emergencies and to respond to those that occur.
The LUCE EIR concluded that “development facilitated by the LUCE Update could introduce sensitive receptors to
additional hazards related to exposure to radiation, electromagnetic fields and hazardous trees. With the incorporation of
the proposed LUCE Update policies and existing City policies, potential impacts are considered Class III, less than
significant” (LUCE EIR, Section 4.8 Hazards and Hazardous Materials, Impact HAZ-4).
Attachment 2
Packet Page 83
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 49
Proposed Zoning Regulations Update Analysis and Conclusions
Implementation of the Zoning Regulations Update would result in the same impacts identified for the LUCE Update, as
summarized above. Consistent with the analysis and determinations in the LUCE EIR, development facilitated by the
proposed Zoning Regulations Update could occur near known hazardous material users and hazardous materials
transportation corridors, result in construction in areas with existing hazardous materials, could expose individuals to health
risks due to soil/groundwater contamination or emission of hazardous materials into the air, could impact an adopted
emergency response/evacuation plan. Additionally, future development could introduce sensitive receptors to hazards
associated with radiation, electromagnetic fields and hazardous trees. Adherence to the General Plan, Municipal Code,
CBC, existing and proposed Zoning Regulations, and federal and state regulations, and avoidance and remediation of
hazardous sites and conditions, will ensure that potential impacts related to hazards and hazardous materials will remain a
less than significant impact. Individual development would be required to undergo separate environmental review, which
may result in specific impacts that require project specific mitigation consistent with existing regulations, policies, and
programs.
In addition to existing plans, policies, and programs summarized above, the Zoning Regulations Update includes several
proposed modifications to further reduce potential impacts, consistent with the LUCE. Proposed Article 3 of the Zoning
Regulations Update includes clarifications regarding hazards and hazardous materials, which would provide further
protections for the public, including:
Limitations on use for mixed-use projects, which clarify that major vehicle/equipment repair, uses that required storage
of hazardous materials beyond what is normally associated with residential uses, manufacturing or industrial activities,
and any other activity or use incompatible with residential activities and/or having the possibility of affecting the
health or safety of mixed-use development residents);
Clarified performance standards stating that “land or buildings shall not be used or occupied in a manner creating any
dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area”;
A new section stating that “The use, handling, storage and transportation of hazardous and extremely hazardous
materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire
and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and
the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or
radioactive materials into the atmosphere, a sewage system, or onto the ground”; and,
New trash enclosure standards to avoid health and safety hazards.
In addition, revisions to Article 4 propose restrictions for locating schools within 1,000 feet of any business posing
significant health risk to the school due to the presence of hazardous materials or conditions, and Article 6 states that
required findings for a Minor Use Permit or Conditional Use Permit include the following: “The type, density, and intensity
of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses
in the vicinity and zone in which the property is located.”
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed changes
do not conflict with existing General Plan policies nor state and federal regulations applicable to public safety and exposure
to hazards and hazardous materials. Future land uses that occur pursuant to the proposed Zoning Regulations Update would
be required to conform to all General Plan policies, and applicable regulations, standards and design standards of the CBC,
Municipal Code, and state and federal regulations address hazardous and hazardous materials. Based on compliance with
existing policies and regulations, and proposed regulations identified in the Zoning Regulations Update, potential impacts
related to hazards and hazardous materials would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE and to
further reduce potential impacts related to hazards and hazardous materials. The proposed Project would not allow new
Attachment 2
Packet Page 84
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 50
development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts
related to hazards and hazardous materials that have not been previously examined or adequately addressed in LUCE EIR,
Section 4.8 Hazards and Hazardous Materials.
e), f) The policy and programs presented in LUE Chapter 7 Airport Area reflect airport safety, noise, height and overflight
considerations consistent with the purposes of the State Aeronautics Act. Policies, programs, and Zoning Regulations
implementation were previously incorporated into the Airport Overlay Zone (AOZ) to codify airport compatibility criteria
for areas subject to airport influence consistent with the requirements of Cal. Pub. Utilities Code Section 21670, et. seq, the
California Airport Land Use Planning Handbook, and other related federal and state requirements relating to airport land
use compatibility planning. These include allowable uses and development standards such as density and intensity
limitations, identification of prohibited uses, infill development, height limitations, and other hazards to flight, noise
insulation, buyer awareness measures, airspace protection, nonconforming uses and reconstruction, and the process for
airport compatibility criteria reviews by the City.
LUCE EIR Conclusion
The LUCE EIR states that “adherence to the existing City’s General Plan, and coordination with the ALUC, will ensure
that future development under the LUCE will not result in significant airport‐related safety hazards. Individual
development would be required to undergo separate environmental review, which may result in specific impacts that
require project specific mitigation consistent with these policies”.
The LUCE EIR concluded that “development consistent with the proposed LUCE Update could introduce incompatible
residential and commercial land uses into safety zones established through the Airport Land Use Plan and may result in a
safety hazard for people residing or working in these areas. Impacts would be Class III, less than significant” (LUCE EIR
Section 4.8 Hazards and Hazardous Materials, Impact HAZ-2).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the LUCE EIR, implementation of the Zoning Regulations Update would facilitate development within the
boundary of the ALUP and City AOZ. In association with adoption of the LUCE and associated Airport Land Use
Compatibility Report, the City Council approved an overrule of the ALUP, which allowed for development to occur
pursuant to adopted Specific Plans or existing Zoning Regulations Chapter 17.57 Airport Overlay Zone and associated
Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed Persons. The Draft Zoning Regulations Update restructured
this section of the Zoning Regulations as Chapter 17.64 and includes clarifications to how density is to be calculated
(consistent with the California Airport Land Use Planning Handbook) and includes updates specific to the names of land
uses, consistent with the remainder of the proposed Update (refer to Article 2 of the proposed Project). The proposed
Zoning Regulations Update would not modify the allowable density (persons per acre) for each use within identified Safety
Zones.
Development consistent with the LUCE and Zoning Regulations Update could introduce incompatible residential and
commercial land uses into safety zones identified in the ALUP and may result in a safety hazard for people residing or
working in these areas. However, the proposed and existing City policies and programs and compliance with the Municipal
Code directly address future development with the potential to airport‐related safety hazards. As future development
pursuant to the Zoning Regulations Update is proposed, the City will be required to ensure consistency with the General
Plan and Municipal Code. Implementation of proposed and existing policies and reliance on establishment of
project‐specific mitigation measures where appropriate would reduce potential impacts to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed changes
do not conflict with existing General Plan policies nor state and federal regulations applicable to public safety and airport
hazards. Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to
all General Plan policies, and applicable regulations, standards and design standards of the General Plan, Municipal Code,
Attachment 2
Packet Page 85
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 51
and state and federal regulations that address airport safety. Based on compliance with existing policies regulations,
potential impacts related to airport hazards would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE and
Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed Persons. Therefore, there would be no new impacts related to
airport safety that have not been previously examined or adequately addressed in LUCE EIR, Section 4.8 Hazards and
Hazardous Materials.
h) LUCE EIR Conclusion
Buildout of the LUCE would facilitate the development of residential uses in areas of the City that are at risk of damage
from wildland fires. As shown on LUCE EIR Section 4.8 Hazards and Hazardous Materials, Figure 4.8‐1 City of SLO
Planning Area Fire Hazard Severity Zones, the northern portion of the city, consisting of the land surrounding Via Carta
and Poly Canyon Road and along the north‐eastern edge behind Cal Poly State University is a High to Very High Fire
Hazard area. The southeast quadrant of the intersection of Highway 1 and Highway 101 directly east of the French Hospital
Medical Center is also designated as a High Fire Hazard area. In addition, Moderate Fire Hazard Areas are located along
the southern portion of the city between Highway 101 and Highway 227. Development of vacant and/or underutilized
parcels in these areas has the potential to result in an increased risk of exposure to wildland fires. The Uniform Fire Code
(UFC) and CBC set construction requirements for residences and structures in wildland fire hazard areas. Compliance with
these requirements would minimize risks associated with development in these areas. Compliance with General Plan
policies would further reduce the risks in these areas. The remainder of the urbanized city has a low/moderate potential for
wildland fires. However, seep hills covered with brush and grasslands surround San Luis Obispo, and during fire season
areas within the city limits are susceptible to wildfire damage if these fires cannot be prevented or controlled. The City has
adopted fire safety standards relating to road standards for fire equipment access, standards for signs identifying streets,
roads, and buildings, minimum private water supply reserves for emergency fire use, and fuel breaks and greenbelts as
outlined in the California Public Resources Code Section 4290 and Section 4291. These standards apply to all development
outside of the incorporated city and would help to reduce the risk of wildfires spreading and impacting the city.
The Safety Element lists policies to protect areas designated as Moderate or High Wildland Fire Hazard which include
Policies 3.0 Adequate Fire Services and 3.1: Wildland Fire Safety. In addition, the Safety Element includes a
comprehensive set of policies and programs intended to address wildland fire hazards. This includes the following
programs and requirements intended to avoid several kinds of emergencies and to respond to those that occur: Policy 10.1
Emergency Preparedness and Response; Program 10.3 Response Performance Standards; Program 10.5 Specific
Emergency‐Response Information; Program 10.6 Coordinated Emergency Planning; Program 10.7 Emergency Operations
Center; Program 10.9 City Emergency Plan; Program 10.10 Mutual and Automatic Aid; Policy 10.13 Emergency Access
and Evacuation; Policy 10.18 Safety of Structures and Facilities; Program 10.19 Reducing Structural Hazards; Program
10.22 Building and Fire Regulations; and Program 10.23 Required Inspections.
The LUCE EIR determined that “development consistent with the proposed LUCE Update would introduce residential land
uses into areas designated as having a Moderate or High Wildland Fire Hazard, introducing the potential to expose people
or structures to a significant risk of loss and/or injury. However, compliance with existing policies and state and local
regulations would reduce impacts to a Class III, less than significant level” (LUCE EIR Section 4.8 Hazards and Hazardous
Materials, Impact HAZ‐3).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis in the LUCE EIR, development pursuant to the Zoning Regulations Update would introduce
residential land uses into areas designated as Moderate or High Wildland Fire Hazard, introducing the potential to expose
people or structures to a significant risk of loss and/or injury. However, the existing City policies and programs and
Attachment 2
Packet Page 86
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 52
proposed regulations discussed above directly address future development in areas designated as Moderate or High
Wildland Fire Hazard. As future development under the Zoning Regulations Update is proposed, the City will be required
to ensure consistency with the General Plan. In addition to existing regulations that refer to fire safety and compliance with
the UFC, the proposed Zoning Regulations Update includes additional protective regulations related to fire risk, including
clarified Hillside Development Standards in Article 3, which are provided to “protect the health, safety and welfare of
community residents by directing development away from areas with hazards such as landslides, wildland fires, flooding
and erosion.” Therefore, implementation of proposed and existing policies and reliance on establishment of project‐specific
mitigation measures where appropriate would reduce potential impacts to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The proposed changes
do not conflict with existing General Plan policies nor state and federal regulations applicable to fire risk. Future land uses
that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all General Plan policies,
and applicable regulations, standards and design standards of the General Plan, Municipal Code, UFC, and CBC
regulations that address fire safety. Based on compliance with existing policies regulations, potential impacts related to fire
hazards would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts related to fire hazards that have not been previously examined or adequately
addressed in LUCE EIR, Section 4.8 Hazards and Hazardous Materials.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements?
1, 2, 4,
6, 26,
27, 28
X
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
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 or planned uses for which permits have been
granted)?
1, 2, 4,
6, 26,
27, 28
X
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, in a manner which would result in substantial erosion
or siltation on or off site?
1, 2, 4,
6, 26,
27, 28
X
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, or substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on or off
site?
1, 2, 4,
6, 26,
27, 28
X
e) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage systems
or provide substantial additional sources of polluted runoff?
1, 2, 4,
6, 26,
27, 28
X
f) Otherwise substantially degrade water quality? 1, 2, 4,
6, 26,
27, 28
X
g) Place housing within a 100-year flood hazard area as mapped
on a federal Flood Hazard Boundary or Flood Insurance Rate
1, 2, 4,
6, 26, X
Attachment 2
Packet Page 87
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 53
Map or other flood hazard delineation map? 27, 28
h) Place within a 100-year flood hazard area structures which
would impede or redirect flood flows?
1, 2, 4,
6, 26,
27, 28
X
i) Expose people or structures to significant risk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
1 X
j) Inundation by seiche, tsunami, or mudflow? 1 X
Evaluation
Drainage and Flooding. The City is located within the San Luis Obispo Creek Hydrologic Subarea of the Estero Bay
Hydrologic Unit, which stretches roughly 80 miles between the Santa Maria River and the Monterey County line and includes
numerous individual stream systems. According to the Safety Element of the City of San Luis Obispo General Plan, average
seasonal precipitation in the City of San Luis Obispo is 22 inches and average seasonal precipitation throughout the county
varies from 8.5 inches (at Simmler) to 25.6 inches (at San Simeon). The watershed generally drains to the south‐southwest via
San Luis Obispo Creek where it meets the Pacific Ocean at Avila Beach. San Luis Obispo Creek originates in the Cuesta Grade
area north of San Luis Obispo at an elevation of 2,200 feet above mean sea level, in the western slopes of the Santa Lucia
Range. The creek flows south through the City of San Luis Obispo adjacent to U.S. Highway 101 until it reaches the southern
extent of the Irish Hills where it veers west to the ocean.
The City is generally located within a low‐lying valley centered on San Luis Obispo Creek. San Luis Obispo Creek is one of
four major drainage features that create flood hazards in the city, with the others being Stenner Creek, Prefumo Creek, and Old
Garden Creek. In addition, many minor waterways drain into these creeks, and these can also present flood hazards. Because of
the high surrounding hills and mountains in the area, the drainage sheds of these creeks are relatively small, but the steep slopes
and high gradient can lead to intense, fast moving flood events in the city. Key areas within the 100‐Year Flood Zone include:
Downtown (especially bounded by Santa Rosa, Monterey, Broad, and Pismo Streets); Mid‐Higuera Area; and Margins of
Laguna Lake and Prefumo Creek (refer to LUCE EIR Section 4.9 Hydrology and Water Quality, Figure 4.9‐1 100-year Flood
Zones). San Luis Obispo is not subject to inundation from dam failure, beach erosion, or coastal or lakefront flooding due to
earthquake‐induced waves (tsunami or seiche).
Water Quality. The City’s Public Works, Utilities, and Community Development Departments are responsible for coordinating
the implementation of the City’s Storm Water Management Program (SWMP). This program is required under the Phase II
Storm Water Regulations regulated by the SWRCB, San Luis Obispo Region. The primary goal of the program is to minimize
urban runoff that enters the municipal storm drain system, and carries bacteria and other pollutants into local creeks, our
watershed and to the ocean. As part of these new requirements, the City of San Luis Obispo has been mandated to establish a
set of minimum-designated Best Management Practices (BMPs) and Pollution Prevention Methods (PPMs). BMPs are steps
taken to minimize or control the amount of pollutants and runoff. PPMs are strategies to eliminate the use of polluting materials,
and/or not exposing potential pollutants to rainwater or other runoff.
San Luis Obispo Creek has been designated by the Central Coast Regional Water Quality Control Board (RWQCB) as having
present and potential beneficial uses for municipal supply; agricultural supply; groundwater recharge; recreation; wildlife
habitat; warm and cold fresh water habitat; migration of aquatic organisms; spawning, reproduction, and/or early development
of fish; and commercial and sport fishing. As documented in LUCE EIR Section 4.9 Hydrology and Water Quality, water
quality in the San Luis Obispo Creek drainage system is generally considered to be good; however, the water quality fluctuates
along with seasonal changes in flow rates. In summer months, when the flows decrease and dilution is reduced, water quality
decreases. According to the RWQCB Total Maximum Daily Load (TMDL) Project for San Luis Obispo Creek, the creek has
been reported to exceed nutrient and pathogen levels. Nitrate sources contributing to the nutrients identified in TMDL Project
are, in decreasing order of contribution: City of San Luis Obispo Water Resource Recovery Facility (WRRF), croplands,
background, reservoirs, and residential areas. The fecal coliform sources identified by the RWQCB TMDL Project are, in
decreasing order of contribution: urban, human, birds and bats roosting in the tunnel, livestock, and background.
Attachment 2
Packet Page 88
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 54
Groundwater Quality. Groundwater within the San Luis Obispo Valley Sub‐basin flows toward the south‐southwest, following
the general gradient of surface topography. Groundwater occurs within the alluvial sediments and the underlying weathered and
fractured bedrock. Depth to groundwater in the San Luis Obispo Valley Sub‐basin is estimated to be 15 to 25 feet below ground
surface. Groundwater within the San Luis Obispo area is considered suitable for agricultural water supply, municipal and
domestic supply, and industrial use. For additional information, refer to LUCE EIR Section 4.9 Hydrology and Water Quality.
a), f) LUCE EIR Conclusion
The LUCE EIR notes that potential development in accordance with the LUCE could increase the amount of point and
non‐point sources of contamination, which could affect water quality and groundwater in the City. An increase in point
source and non‐point source pollution could result from increases in development intensity and construction activities
which may directly impact water quality specific to site drainage patterns. Discharge of pollutants from any point source is
prohibited unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) Permit
issued by the Regional Water Quality Control Board. Generally, pollutants of greatest concern in regulation of point
sources include nutrients (ammonia and nitrate), heavy metals, toxic chemicals, chlorine, and salts.
The LUE includes policies and programs for point and non‐point sources of contamination that has the potential to affect
water quality, including 3.7.3 Air & Water Quality. Industries locating or expanding in San Luis Obispo are required to
comply with all applicable air‐quality and water‐quality regulations. The COSE lists policies for point and non‐point
sources of contamination (10.3.2 Maintain water quality). In addition to the City’s General Plan, the RWQCB has
developed a Basin Plan (2011) designed to preserve and enhance water quality and protect the beneficial uses of all
regional waters. Water quality objectives for the Central Coastal Basin satisfy state and federal requirements established to
protect waters for beneficial uses and are consistent with existing statewide plans and policies. This would ensure that
impacts from point and non‐point sources of contamination will not affect water quality in San Luis Obispo Creek and
groundwater in the City of San Luis Obispo and remain less than significant.
The LUCE EIR concluded that “point and non‐point sources of contamination could affect water quality in San Luis
Obispo Creek, Prefumo Creek as well as other surface waters and groundwater in the city. However, compliance with
existing regulations and implementation of General Plan policies and the City’s Stormwater Management Plan (SWMP)
would result in Class III, less than significant impacts” (LUCE EIR Section 4.9 Hydrology and Water Quality, Impact
HWQ-3).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions of the LUCE EIR, construction activities associated with development under
the proposed Zoning Regulations Update could result in the pollution of natural watercourses or underground aquifers. The
types of pollutant discharges that could occur as a result of construction include accidental spillage of fuel and lubricants,
discharge of excess concrete, and an increase in sediment runoff. Regulations under the federal Clean Water Act and the
State require construction activity that disturbs greater than one acre, or that disturbs less than one acre but is part of a
larger common plan of development, to comply with the NPDES State General Construction Permit. The Permit requires
the preparation of a Storm Water Pollution Prevention Plan (SWPPP) that contains specific actions, termed Best
Management Practices (BMPs), to control the discharge of pollutants, including sediment, into local surface water
drainages. A Notice of Intent (NOI) to perform work under the Permit must be filed with the State. In the State of
California, Regional Water Quality Control Boards administer the NPDES permit process for construction sites, with
implementation coordinated with the local agencies under their Phase I and Phase II NPDES Municipal Permits (SWMP).
Increases in development intensity that could occur under the Zoning Regulations Update may incrementally increase
pollutants in surface runoff. New development would be required to comply with current federal, state, and local
requirements, which are more stringent than what was required at the time most existing development within the city was
built. As such, redevelopment of these areas with new projects that incorporate current BMP requirements has the potential
to improve water quality in area drainages. Overall, impacts are anticipated to be less than significant.
Attachment 2
Packet Page 89
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 55
Point and non‐point sources of contamination could affect water quality in San Luis Obispo Creek, Prefumo Creek, and
other surface waters and groundwater in the city. In addition to the General Plan and Basin Plan policies, the City’s
Stormwater Quality Ordinance helps maintain the health, safety, and general welfare of citizens, and protects and enhances
the quality of watercourses and water bodies in a manner pursuant to and consistent with the Clean Water Act by reducing
pollutants in storm water discharges to the maximum extent practicable by prohibiting non‐storm water discharges to the
storm drain system and improving storm water management. Compliance with the General Plan and stormwater regulations
summarized above directly address future development with the potential impact from point and non‐point source
contamination. As future development under the Zoning Regulations Update is proposed, the City will be required to
ensure consistency with the General Plan and the policies/programs listed above. Implementation of proposed and existing
policies and reliance on establishment of project‐specific mitigation measures where appropriate would reduce potential
impacts to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations summarized above that
address stormwater and water quality. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. the
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts related to stormwater discharge and water quality that have not been previously
examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality.
b), c) LUCE EIR Conclusion
The LUCE EIR states that development pursuant to the LUCE could cause an increase in the amount of impervious
surfaces within the city which could lead to the lack of percolation of water to the groundwater basin and could alter
drainage patterns resulting in erosion and/or sedimentation. Potential development may also increase the volume of surface
runoff due to lack of percolation. Future development and redevelopment projects within the City are required to comply
with the Central Coast Regional Water Quality Control Board Post Construction Requirements. Future development could
result in additional runoff from the impervious area constructed. This additional impervious area has the potential result in
an increase in the amount of runoff within the watershed, as well as a marginal decrease in percolation to the groundwater
basin. However, upon compliance with the terms of the City’s SWMP, the LUCE EIR determined that impacts would be
less than significant.
The LUE includes goals, policies and programs to address impacts related to groundwater percolation and recharge and the
altering of existing drainage patterns to less than significant levels, including: 6.6.5 Runoff Reduction and Groundwater
Recharge; 6.6.6 Development Requirements; and 6.7.1 Previously Developed Areas. The Safety Element lists the
following policies that address potential impacts related to groundwater percolation and recharge and the altering of
existing drainage patterns: 2.1 Flood Hazard Avoidance and Reduction and 10.12 Critical Facilities Locations. The COSE
lists goals, policies and programs related to groundwater percolation and recharge and the altering of existing drainage
patterns, including 8.3.3 Open space for safety; 10.2.2 Awhahnee Water Principles; 10.1.3 Goal Water Quality; and, 10.2.1
Water Quality.
The LUCE EIR concluded that “development facilitated by the LUCE Update has the potential to increase the amount of
impervious surfaces within the city. This could result in a decrease in percolation to the Groundwater Basin, the alteration
of drainage patterns and increases in the volume of surface runoff. Compliance with the City’s Stormwater Management
Plan (SWMP) would reduce impacts to a Class III, less than significant level” (LUCE EIR, Section 4.9 Hydrology and
Water Quality, Impact HWQ‐2).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the LUCE EIR, development facilitated by the proposed Zoning Regulations Update has the potential to
Attachment 2
Packet Page 90
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 56
increase the amount of impervious surface within the City. This could result in a decrease in percolation to the
Groundwater Basin, the alteration of drainage patterns and increases in the volume of surface runoff. Adherence to the
existing City’s General Plan, and compliance with the City’s SWMP and Drainage Design Manual (DDM) will ensure that
the creation of additional impervious areas will not increase the amount of runoff within the watershed and will not affect
percolation to the groundwater basin or adversely alter drainage patterns. As such, impacts would be less than significant.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations that address drainage and
storm water runoff, including the City’s SWMP and DDM. Therefore, the proposed Project would not violate any drainage
or stormwater standards. Additionally, the proposed Zoning Regulations Update would not substantially interfere with
groundwater recharge, or substantially alter existing drainage patterns in a manner that would result in substantial erosion
or siltation off-site. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. the
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts related to groundwater recharge and drainage that have not been previously
examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality.
d), g), h) Flooding can cause widespread damage to affected areas and endanger human safety. When urban areas encroach on
floodplains, buildings and vehicles can be damaged or destroyed, while smaller objects can be buried in flood‐deposited
sediments. Floodwaters can break utility lines, interrupting services and potentially affecting health and safety. Floods may
also create health and safety hazards and disrupt vital public services. The secondary effects of flooding are due to standing
water, which can result in crop damage, septic tank failure, and water well contamination. Standing water can also damage
roads, foundations, and electrical circuits. The extent of damage caused by any flood depends on the topography of the area
flooded; depth, duration, and velocity of floodwaters; the extent of development in the floodplain; and the effectiveness of
forecasting, warnings, and emergency operations. Encroachment onto floodplains, such as artificial fills and structures,
reduces the capacity of the floodplain and increases the height of floodwater upstream of the obstructions.
LUE Section 6 Resource Protection includes several policies related to flooding and flood management, including: 6.6
Creeks, Wetlands, and Flooding Policies; 6.6.1 Creek and Wetlands Management Objectives; and 6.6.6 Development
Requirements (project designs shall minimize drainage concentrations and impervious coverage and floodplain areas
should be avoided and, where feasible, any channelization shall be designed to provide the appearance of a natural water
course). LUE 6.7 Creeks and Flooding Programs include: 6.7.1. Previously Developed Areas (to limit the potential for
increased flood damage in urbanized areas, the City shall ensure new development complies with the City’s flood plain
ordinance, setbacks, specific plans, and design standards to minimize flood damage and flood plain encroachment), 6.7.2.
National Flood Program (the City shall administer the National Flood Insurance Program standards); 6.7.3. Creekside Care
and Notification (in maintaining creek channels to accommodate flood waters, the City shall notify owners of creeks and
adjacent properties in advance of work and use care in any needed removal of vegetation), and 6.7.4. Evaluate Use of
Financing Districts. The COSE also includes policies and programs related to floodplain management including 7.7.9
Creek Setbacks, 8.3.3 Open Space for safety, and 10.2.2 Ahwahnee Water Principles. The Safety Element lists goals and
policies aimed to protect from flooding which include 2.1 Flood Hazard Avoidance and Reduction and 10.12 Critical
Facilities Locations.
LUCE EIR Conclusion
The LUCE EIR concluded that “future implementation of the following proposed development area projects and street
network changes would have the potential to result in significant impacts related to flooding or impede or redirect flood
flows. New development under the LUCE Update within the 100‐year flood plain could be subject to flooding and have the
potential to impede or redirect flood flows. However, with implementation of General Plan policies and adherence to the
City’s Floodplain Management Regulation impacts related to flooding would be Class III, less than significant” (LUCE
EIR Section 4.9 Hydrology and Water Quality, Impact HWQ‐1).
Attachment 2
Packet Page 91
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 57
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the LUCE EIR, development pursuant to the Zoning Regulations Update could result in new development
within the 100‐year floodplain and could introduce structures in areas that could impede or redirect flood flows. Under the
General Plan, any property within the Flood Insurance Rate Program (FIRM) defined 100‐year flood zone is considered as
having a hazard potential requiring specified controls or protective measures. Anticipated development under the proposed
Project could subject new development to flooding impacts. In addition to the General Plan policies listed above, adherence
to the City of San Luis Obispo’s Floodplain Management Zone Regulations, the Waterway Management Program (WMP),
the Drainage Design Manual (DDM), and the Stream Management and Maintenance Program will ensure that impacts from
flooding remain less than significant.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations that address drainage,
storm water runoff, and flooding, including the City’s Floodplain Management Zone Regulations, the WMP, the DDM, and
the Stream Management and Maintenance Program. Therefore, the proposed Project would not violate any drainage or
flooding standards and would not substantially increase the potential for additional flood risk. Additionally, the proposed
Zoning Regulations Update would not substantially alter the existing drainage patterns such that erosion or flooding would
occur. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. the
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts related to stormwater runoff, drainage, or flooding that have not been previously
examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and Water Quality.
e) LUCE EIR Conclusion
The LUCE EIR states that development facilitated by the LUCE has the potential to incrementally increase the amount of
impervious surface area and place additional demand on existing stormwater conveyance infrastructure, such that new or
expanded infrastructure may be needed. Based on the current regulations of the RWQCB reflected in the City’s Stormwater
Management Plan (SWMP), development and redevelopment projects within the City are required to comply with the
Central Coast Regional Water Quality Control Board Post Construction Requirements. In accordance with these
requirements, future development could result in additional runoff from the impervious area, thereby placing limited
demand on existing or planned stormwater infrastructure. As development occurs, site‐specific stormwater infrastructure
needs would be determined on a project‐specific basis. The LUCE EIR determined that upon compliance with the City’s
SWMP and State regulatory requirements, impacts related to the need for additional stormwater infrastructure would be
less than significant.
The LUCE EIR concluded that “development facilitated by the LUCE Update has the potential to create or contribute
runoff water which would exceed the capacity of existing or planned stormwater drainage systems, resulting in increased
stormwater runoff and has the potential to result in the need for additional stormwater infrastructure. Compliance with the
City’s Stormwater Management Plan (SWMP), and State regulatory requirements, would reduce impacts to a Class III, less
than significant” (LUCE EIR Section 4.9 Hydrology and Water Quality, Impact HWQ-4).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions of the LUCE EIR, development facilitated by the Zoning Regulations Update
has the potential to create or contribute runoff water which would exceed the capacity of existing or planned stormwater
drainage systems, resulting in increased stormwater runoff and has the potential to result in the need for additional
stormwater infrastructure. Existing City policies and programs discussed above directly address future development with
the potential impact to exceed the stormwater drainage system. As future development under the Project is proposed, the
City will be required to ensure consistency with the General Plan and the policies/programs listed above. Adherence to the
Attachment 2
Packet Page 92
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 58
existing City’s General Plan and compliance with the City’s SWMP and state requirements will ensure that the additional
impervious areas will not result in impacts related to the need for increases in stormwater infrastructure. Individual
development will be required to undergo separate environmental review, which may result in specific impacts that require
project specific mitigation consistent with these policies. Implementation of proposed and existing policies and reliance on
establishment of project‐specific mitigation measures where appropriate would reduce potential impacts to a less than
significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations that address stormwater
runoff. Therefore, the proposed Project would not violate any stormwater standards and impacts would be less than
significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts related to stormwater runoff and impacts to the City’s stormwater conveyance
infrastructure that have not been previously examined or adequately addressed in LUCE EIR Section 4.9 Hydrology and
Water Quality.
i), j) Existing and future development within the City is not subject to inundation from dam failure, beach erosion, or coastal or
lakefront flooding due to earthquake‐induced waves (tsunami or seiche); therefore, no impacts would occur. Refer to Initial
Study Section 6, Geology and Soils, for a discussion of potential impacts due to landslide (mudflow).
10. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 1, 2 X
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
1, 2, 3,
4, 6,
24
X
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
1, 2, 3,
4, 6 X
Evaluation
The City of San Luis Obispo includes a variety of land use types including residential, mixed-use, commercial, office,
industrial, public/quasi-public, parks and recreation, agriculture, and open space. The City's General Plan guides the use and
protection of various resources to meet community purposes. It reflects consensus and compromise among a wide diversity of
citizens' preferences, within a framework set by State law. The General Plan is published in separately adopted sections, called
elements, which address various topics. The LUE represents a generalized blueprint for the future of the City of San Luis
Obispo. Required by State law, it is the core of the General Plan. Starting with conditions at the time of adoption, the LUE sets
forth a pattern for the orderly development of land within the City's planning area. This pattern should be based on residents'
preference and on protection of natural assets unique to the planning area. The LUE describes the expected level of population
growth resulting from construction of the kinds of housing units included in the plan, as well as the kinds of new commercial
and industrial development that are responsive to the City's economic needs.
The City’s Zoning Regulations are “intended to guide the development of the City in an orderly manner, implement the policies
of the General Plan, to protect and enhance the quality of the natural and built environment, promote the public health, safety,
and general welfare by regulating the use of land and building and the location and basic form of structures, and provide the
physical, environmental, economic, and social advantages that result from the orderly planned use of land resources” (Zoning
Regulations Section 17.02.020, Purpose and Authority).
Attachment 2
Packet Page 93
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 59
a) The proposed Project is limited to an update to the City’s Zoning Regulations, pursuant to the City’s General Plan. The
proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that occur
pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the updated
Zoning Regulations and the LUCE. The update does not include any actions that would result in the division of an
established community or neighborhood in the City, but rather provides the regulations that guide how future development
would be developed. Therefore, impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in the LUCE
EIR Section 4.10 Land Use.
b) The proposed Zoning Regulations Update is specifically intended to achieve consistency with local and regional plans,
including the City’s General Plan. The proposed Zoning Regulations Update is one of the principal tools for implementing
the LUCE, and this specific comprehensive update does not go beyond providing the regulations necessary to implement
the policies and programs identified in the LUCE.
LUCE EIR Conclusion
As documented in the LUCE EIR, the ALUC found the LUCE update inconsistent with the ALUP. The City followed the
process called out in Public Utilities Code (PUC) Section 21676 et seq. by referring the LUCE update and implementation
to the ALUC for a determination of consistency with the ALUP. Following the ALUC’s determination of inconsistency
with the ALUP, the City complied with the requirements identified in the California State Aeronautics Act (SSA) (see, e.g.,
SAA 21676, 21676.5 and 21677), which provide the process for the City to overrule the ALUC decision. In association
with adoption of the LUCE and associated Airport Land Use Compatibility Report, and in compliance with the SAA, the
City Council approved an overrule of the ALUP, which allowed for development to occur pursuant to the General Plan and
adopted Specific Plans or existing Zoning Regulations Chapter 17.57 Airport Overlay Zone and associated Table 10 –
Airport Overlay Zone (AOZ) – Maximum Allowed Persons. The LUCE EIR determined that based on substantial evidence
in the record, that the overrule will not have a significant impact relative to safety, noise, airport land use compatibility or
any other component of the environment; therefore, the LUCE EIR characterizes the policy conflict between the LUCE
update and the ALUP as Class 3, less than significant. The LUCE EIR concluded that “the proposed LUCE Update would
conflict with the airport land use plan (ALUP). However, with the implementation of proposed LUCE Update policies and
implementing zoning regulations, potential land use conflicts are less than significant” (LUE EIR, Section 4.10 Land Use
[refer to Final EIR], Impact LU-1).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions of the LUCE EIR, implementation of the proposed Zoning Regulations
Update would facilitate development within the boundary of the ALUP and City Zoning Regulations AOZ. The proposed
Zoning Regulations Update has tentatively restructured this section of the Zoning Regulations as Chapter 17.64 and
includes clarifications to how density is to be calculated (consistent with the California Airport Land Use Planning
Handbook) and includes updates specific to the names of land uses, consistent with the remainder of the proposed Update
(refer to Article 2 of the proposed Project). The proposed Zoning Regulations Update would not modify the allowable
density for each use within identified Safety Zones (refer to Table 10 – Airport Overlay Zone (AOZ) – Maximum Allowed
Persons).
Table 1 below shows how the proposed Zoning Regulations Update would implement specific policies identified in the
LUCE:
Attachment 2
Packet Page 94
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 60
TABLE 1. LAND USE ELEMENT POLICY STATEMENTS AND ASSOCIATED ZONING REGULATIONS UPDATES
Policy Number Policy Statement How Addressed in Updated Zoning
Regulations
2.10. Updating & Enforcing Standards
2.10.1. Enforcing Standards. The City shall review, revise if
deemed necessary, and actively enforce noise, parking,
and property development and property-maintenance
standards.
This relates largely to enforcement.
Enforcement provisions are contained in
Chapter 1.24 of the SLO Municipal Code.
2.10.2. Property Maintenance Standards. The City shall
implement, and regularly review and update property-
maintenance regulations focused on proper enclosure of
trash, appearance of yards and buildings from the street,
and storage of vehicles.
Property maintenance standards have been
modified slightly to address concerns.
2.11. Multifamily Preferences and Standards
2.11.1. Preferences. The City shall evaluate student housing
preferences and consider revising development standards
to better meet them in multifamily housing near campus.
Mixed use regulations have been amended.
No other changes proposed at this time.
2.12. Downtown Residential Development. The City shall
adopt special development standards to guide addition of
dwellings within Downtown residential areas to
implement Policy 2.8. The following should be included
when evaluating new standards for this area:
A. Requirements that new dwellings on lots with existing
houses be above or behind the existing houses, and that
the added building area be modestly sized and of similar
architecture in comparison with the principal residences
on the site and in the surrounding area;
B. Requiring new buildings to reflect the mass and
spacing of existing, nearby buildings;
C. Requiring special parking and coverage standards;
D. Requiring minimum amounts of usable open space.
A and B. New setback and other standards
have been established for the R-1 and R-2
zones to address compatibility concerns.
C. Parking regulations have been revised to
reduce auto parking requirements generally
and encourage additional bike parking.
D. Standards included in Article 2.
2.13. Neighborhood Compatibility. The City will consider
new regulations, for Low-Density and Medium-Density
Residential areas, to require special review for (1)
incompatibly large houses, (2) replacement or infill
homes in existing neighborhoods, and (3) accessory
buildings with plumbing facilities allowing easy
conversion to illegal second dwellings. The City will
periodically update Community Design Guidelines for
larger homes, infill housing and accessory single-story
buildings.
New setback and other standards have been
established for the R-1 and R-2 zones to
address compatibility concerns. Also, edge
condition standards have been prepared to
address transitions between higher density
and lower density developments.
2.15. Residential Densities. The City will evaluate
alternatives to the current maximum number of dwelling
units per acre (based on bedroom count) and height,
parking, and setback standards, to regulate residential
building intensity, and bulk and mass. Floor area limits
will be considered.
Alternatives have been evaluated for
Downtown, with direction to have FAR
dictate for developments with units smaller
than 600 sf. Staff will implement this
direction as part of a subsequent amendment
once appropriate CEQA review has been
completed.
2.16. Use of Downtown Parking by Residents. The City
shall evaluate the potential to use portions of City-owned
This issue will be addressed as part of a
subsequent study.
Attachment 2
Packet Page 95
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 61
parking lots and structures for residents’ parking.
3.9. Zoning Regulations. The City shall amend its Zoning
Regulations to implement the changes included in the
2014 General Plan update program.
This update process and planned follow-up
amendments address this policy.
3.10. Noise Control. Zoning Regulations and Community
Design Guidelines will include measures such as the
following to prevent unacceptable noise exposure for
residential areas or other noise-sensitive uses: location
and shielding of mechanical equipment; location of truck
loading, trash collection areas, and loudspeakers; noise
attenuation measures along property lines.
New standards have been included to address
mechanical equipment noise along property
lines and location of loading and trash
collection areas.
3.13. Zoning Update for Visitor Services Uses. The City
shall review zoning regulations to consider allowing
visitor-service uses in office zones adjacent to
community commercial zones in the Downtown and
adjacent to Monterey Street between Johnson and Santa
Rosa.
Proposed overlay zone for Upper Monterey
from C-R to C-R-D (Downtown overlay)
3.14. Zoning Update for Emerging Technologies. The City
will investigate emerging technologies and trends to
evaluate whether updates to zoning regulations are
needed.
The use regulations have been simplified to
provide flexibility over time.
4.28. Allowing Efficiency Units and Variable Density in
Downtown. The City shall modify zoning regulations to
allow efficiency units and variable density in the
Downtown Core.
Alternatives have been evaluated for
Downtown, with direction to have FAR
dictate for developments with units smaller
than 600 sf. Staff will implement this
direction as part of a subsequent amendment
once appropriate CEQA review has been
completed.
4.32. Use Permit Requirements. The City shall incorporate
into its zoning regulations specific criteria for evaluating
use permits for bars/taverns, night clubs and late night
drinking establishments.
Standard conditions and findings have been
included for such uses (in Article 4).
7.16. Airport Overlay Zone. The City shall create an Airport
Overlay Zone to reflect the boundaries of the San Luis
Obispo County Regional Airport Land Use Plan within
the City limits. The purpose of the Airport Overlay Zone
is to codify airport compatibility criteria in areas for
which the City may override the Airport Land Use
Commission determination to ensure compliance with the
requirements of the California State Aeronautics Act
(Cal. Pub. Utilities Code, Section 21670, et. seq.) which
establishes statewide requirements for airport land use
compatibility planning, guidance from the California
Airport Land Use Planning Handbook, which is
published by the California Department of Transportation
Division of Aeronautics to support and amplify the State
Aeronautics Act requirements, and other related federal
and state requirements relating to airport land use
compatibility planning. Implementation of the
compatibility policies will be accomplished through the
Zoning Code.
This zone and accompanying regulation are
now in the Zoning Regulations.
Attachment 2
Packet Page 96
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 62
7.17. Airport Land Use and Zoning Code. The City shall
update its Zoning Regulations to address allowable uses
and development standards for areas in which the City
may override a determination of inconsistency. Zoning
regulations shall be consistent with the requirements of
the State Aeronautics Act, use guidance from the
Caltrans Airport Land Use Planning Handbook and
comply with related state and federal requirements
relating to airport land use compatibility. These
development standards will include, but not limited to,
intensity and density limitations, identification of
prohibited uses, infill development, height limitations,
obstructions, and other hazards to flight, noise insulation
requirements, buyer awareness measures, nonconforming
uses and reconstruction and the process for airport
compatibility criteria reviews by the City consistent these
development standards.
The City is working with the County to
address consistency requirements.
7.18. Review of Local General Plan and implementing
Development Standards. Unless previously referred
and acted upon by the City, review of General and
Specific Plans and Amendments, Zoning ordinance or
amendments, or Building code changes within the San
Luis Obispo County Regional Airport Land Use Plan
boundary (Figure 9) shall include referral to the Airport
Land Use Commission as specified in Section 21676(b)
of the Public Utilities Code for a determination of
consistency with the San Luis Obispo County Airport
Land Use Plan.
Per State law, this provision is in the
regulations.
12.1. Zoning Regulations. Zoning Regulations consist of the
zoning map, lists of uses allowed in certain zones,
property-development standards such as maximum
building height and minimum parking, and procedures
intended to give the interests of development applicants
and other citizens fair consideration.
The updated Zoning Regulations achieve all
of these policy directives.
The proposed Project is limited to an update to the City’s Zoning Regulations, pursuant to the City’s General Plan. The
proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Project would be required to conform to all applicable regulations and standards of the updated Zoning
Regulations and the General Plan. The update does not include any actions that would result in an incompatibility with an
adopted plan. Therefore, impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, consistent with the LUCE and Community Goals identified in the LUE, the proposed Zoning Regulations
includes standards and requirements that: facilitate protection of the environment, including hillsides, creeks, surface and
groundwater, soils, and air quality; include development and redevelopment standards that support a well-balanced
community; and maintain and where appropriate adapt the City form to preserve open space, create compact, mixed-use
neighborhoods that locate housing, jobs, recreation, and other daily needs in close proximity to one another, protect the
quality of life in established neighborhoods through compliance with proposed edge conditions regulations, and
encouraging multi-modal transportation. Therefore, there would be no new impacts that have not been previously examined
Attachment 2
Packet Page 97
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 63
or adequately addressed in LUCE EIR Section 4.10 Land Use (refer to the Final EIR).
c) The City has eight Open Space Conservation Plans that guide protection, access, and restoration efforts within these areas
of the City’s Greenbelt: Agricultural Master Plan for Calle Joaquin Reserve; Bishop Peak Natural Reserve; Cerro San Luis
Conservation Plan; Irish Hills Conservation Plan; Johnson Ranch Conservation Plan; South Hills Conservation Plan;
Stenner Springs Natural Reserve Draft Conservation Plan; and Reservoir Canyon Natural Reserve Conservation Plan.
Riparian and wildlife corridors, wetlands, habitat, and other natural communities are addressed through policies in the
General Plan. Applicable COSE plans and policies include: 8.3.2 Open space buffers; 8.5.1 Public access; and 8.6.3
Required mitigation). Applicable LUE policies and programs include 6.1.1 Resource Planning; 6.3.2 Open Space Uses;
6.4.2 Development Limits; and 6.6.1 Creek and Wetlands Management Objectives.
LUCE EIR Conclusion
The LUCE EIR concluded that “the proposed Land Use Element Update would result in conflicts with applicable habitat
conservation plans or natural community conservation plans. With the implementation of proposed LUCE Update policies,
potential plan and policy conflict impacts are considered Class III, less than significant” (LUCE EIR, Section 4.10 Land
Use, Impact LU-3).
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Project is limited to an update to the City’s Zoning Regulations, pursuant to the City’s General Plan. The
proposed Project, by itself, does not propose or authorize any development. Future land uses that occur pursuant to the
proposed Project would be required to conform to all applicable regulations and standards of the updated Zoning
Regulations and the General Plan. The proposed Project supplements existing Zoning Regulations requirements applicable
to the preservation of natural resources by including additional and clarified regulations and mandatory findings related to
hillside development (see proposed Article 3, Hillside Development Standards) and allowing density reductions in the
Conservation and Open Space (C/OS) zone as necessary based on the extend of environmental resources. The Project does
not include any actions that would result in an incompatibility with an adopted plan. Based on compliance with the General
Plan and City Conservation Plans, potential impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR
Section 4.10 Land Use.
11. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
1, 2, 4 X
b) Result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
1, 2, 4 X
Evaluation
Native minerals are those occurring in the San Luis Obispo area that have, or are expected to have, economic value. Sand,
gravel and stone used in construction, and metal ores, are examples of economically valuable minerals. In the past, quarries and
mines in the San Luis Obispo area produced basaltic stone for masonry, “red rock” for road base and surfacing, and cinnabar,
an ore of mercury. State guidelines and rules aim for continued accessibility to native minerals, while avoiding significant harm
to the environment or human health from their extraction. In the 1980s, a petroleum company asked to explore City-owned land
in the Lopez Lake area. The request was denied based on the environmental qualities of the area. Since that time, no other such
Attachment 2
Packet Page 98
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 64
requests have been received, and the City’s policy on mineral extraction within City limits has remained unchanged.
a), b) There are no mineral resource recovery sites in the City; therefore, the proposed Zoning Regulations Update would not
result in the loss of availability of a known mineral resource or mineral resource recovery site. Any future request would
be subject to the policies and programs of the General Plan and Municipal Code regulations. No impact would occur.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR
Section 4.6 Geology and Soils.
12. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
1, 2, 3,
6, 30,
31
X
b) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
1, 2, 3,
6, 30,
31
X
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
1, 2, 3,
6, 30,
31
X
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
project?
1, 2, 3,
6, 30,
31
X
e) For a project located within an airport land use plan, or where
such a plan has not been adopted, within 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?
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
1, 2, 3,
6, 23,
24, 29,
30, 31
X
1, 2, 3,
6, 23,
24, 29,
30, 31
X
Evaluation
A number of noise‐sensitive land uses are present within the city, including various types of residential, schools, hospitals and
care facilities, parks and recreation areas, hotels and transient lodging, and place of worship and libraries. Based on ambient
noise level measurements conducted throughout the City during preparation of the LUCE EIR, major sources of noise include
traffic noise on major roadways, passing trains, and aircraft overflights. Roadway traffic from highways and major arterials is
the most significant source of noise affecting sensitive land uses in the City. LUCE EIR Section 4.11 Noise, Table 4.11‐1
Summary of Modeled Existing Roadway Traffic Noise Levels (refer to LUCE Final EIR) includes a summary of existing traffic
noise levels. As shown in the LUCE EIR, residential uses located within the 60 dBA (average decibel level) contour on several
road segments within the City are potentially exposed to noise levels above the 60 dBA Community Noise Equivalent Level
(CNEL) standard for residential land uses. In addition to traffic noise on roadways, freight and passenger trains passing through
the City contribute to community noise levels. Based on railroad noise modeling conducted for the LUCE EIR, noise levels
from the railroad would result in 69 dBA CNEL at 50 feet from the center of the track. Stationary sources in the community
include industrial facilities, as well as large institutions such as California Polytechnic State University. Aircraft overflights
from San Luis Obispo County Regional Airport also contribute to the noise environment. The Airport Land Use Compatibility
Report prepared in association with the LUCE EIR and adoption of the LUCE shows the location of the noise contours
associated with the forecasted operations from the Airport Master Plan EIR, with the appropriate fleet mix, and time of day
noise weighting (refer to Figure 6‐5 in the Johnson Aviation Airport Compatibility Report, November 2013). The LUCE EIR
Attachment 2
Packet Page 99
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 65
states that no new residential uses are proposed within the 60 dB CNEL noise contours associated with forecasted airport
operations.
The City Noise Element contains a number of noise policies and standards, which are summarized in LUCE EIR, Section 4.11
Noise, including Table 4.11-2 Community Noise Exposure Levels and Table 4.11-3 Maximum Noise Exposure for Noise-
Sensitive Uses Due to Transportation Noise Sources. LUCE EIR Appendix J: Noise Modeling and LUCE Update Background
Report 6.10 Noise provide recent and future noise levels and associated noise contours based on updated noise modeling
conducted as part of the LUCE EIR. This updated information is currently used in place of the outdated noise levels and
contours presented in the City Noise Element. New development of noise‐sensitive land uses may be permitted only where
location or design allow the development to meet the standards identified for existing stationary noise sources (refer to the
Noise Element and LUCE EIR Section 4.11 Noise, Table 4.11‐4 Maximum Noise Exposure for Noise-Sensitive Uses Due to
Stationary Noise Sources). This policy does not apply to noise levels associated with agricultural operations. The Noise
Element also contains a number of policies that address procedures for noise mitigation, including specific treatments for sound
walls.
Chapter 9.12 of the City’s Municipal Code (Noise Control Ordinance) stipulates that construction or demolition activities that
create a noise disturbance across a residential or commercial property line are prohibited between the hours of 7:00 p.m. and
7:00 a.m., Monday through Saturday, and any time on Sundays or holidays (refer to Municipal Code Section 9.12.050). The
ordinance further states that, where technically and economically feasible, construction activities shall not exceed the standards
identified in LUCE EIR Section 4.11 Noise, Table 4.11‐5 Maximum Noise Levels for Properties Affected by Construction and
Demolition Noise. Municipal Code Section 9.12.050 prohibits operating or permitting the operation of any device that creates a
vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if
on private property or at 150 feet from the source if on a public space or public right‐of‐way.
Municipal Code Section 9.12.060 identifies exterior noise limits for noise generated by existing residential and nonresidential
properties (refer to LUCE EIR Section 4.11 Noise, Table 4.11‐6 Maximum Exterior Noise Limits). These noise level standards
are not to be exceeded more than 30 minutes in any one hour. The noise levels in LUCE EIR Table 4.11‐6 do not apply to
construction activities, which are covered under the noise levels summarized in LUCE EIR Table 4.11‐5. Based on the
Municipal Code, the maximum interior noise standard for multi‐family residential uses is 40 dBA from 10:00 p.m. to 7:00 a.m.
and 45 dBA from 7:00 a.m. to 10:00 p.m. These noise levels shall not be exceeded for a cumulative period of more than five
minutes in any hour or, the noise standard plus 5 dB for a cumulative period of more than one minute in any hour, or the noise
standard plus 10 db for any period of time. Municipal Code Section 9.12.080.A prohibits refuse collection between the hours of
7:00 p.m. and 6:30 a.m. within or adjacent to a residential area. In addition to the Municipal Code, the City uses the City of San
Luis Obispo Noise Guidebook as part of their regulatory program and to implement the Noise Element.
a) This analysis section addresses potential noise impacts, as compared to the compatibility and noise exposure standards in
the Noise Element, including: short-term noise generation, long-term noise generation due to transportation-related sources,
and long-term noise generation due to stationary sources.
LUCE EIR Conclusion
Short-term (Construction-related) Noise
The LUCE EIR states that construction activities associated with future development projects consistent with the LUCE
could include site preparation (e.g., excavation, grading), laying of concrete foundations, paving, equipment installation,
finishing, and cleanup. These activities typically involve the use of noise‐generating equipment such as cranes, excavators,
dozers, graders, dump trucks, generators, backhoes, compactors, and loaders. LUCE EIR Section 4.11 Noise, Table 4.11‐7
Typical Construction Equipment Noise Levels shows the maximum noise levels generated by the types of equipment and
activities that could be used during construction activities. During land development projects, the site preparation phase of
construction results in the most noise generation from the use of heavy‐duty equipment such as excavators, graders, dozers,
loaders, and trucks. Pile driving and blasting activities are unlikely to be used in most land development projects; however,
they are shown in the LUCE EIR Table 4.11 for reference. Based on the information provided in LUCE EIR Table 4.11‐7
Attachment 2
Packet Page 100
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 66
and accounting for usage factors of individual pieces of equipment associated with a site preparation phase of construction,
construction levels of up to 85 dBA Lmax could occur as measured 50 feet from a construction site. These levels could
exceed the maximum construction noise levels permitted by the City’s Municipal Code adjacent to existing residential or
mixed residential/commercial land uses (see LUCE EIR, Section 4.11 Noise, Table 4.11‐5 Maximum Noise Levels for
Properties Affected by Construction and Demolition Noise).
The Noise Element establishes operational standards for siting of new land uses; however, it contains no policies or
programs that address the identification and mitigation of temporary construction noise generated by land development
projects on existing sensitive receptors. Municipal Code Chapter 9.12 (Noise Control Ordinance) sets forth maximum noise
levels that apply to existing properties that may be affected by construction and demolition activities. However, many
construction projects could still exceed the maximum levels permitted by the City’s ordinance, as noted above, particularly
in infill areas where adjacent land uses could be affected. Enforcement of the Noise Element and Noise Control Ordinance
would reduce impacts to the extent feasible; however, with the implementation of feasible construction noise reduction
measures and exemptions, construction activities could still exceed applicable standards especially if activities are near
existing receptors and/or occur during the nighttime. Thus, the LUCE EIR determined that short‐term construction noise
levels are considered Class I, significant and unavoidable.
The LUCE EIR concluded that “implementation of development projects under the proposed LUCE Update would involve
construction that could generate noise levels that exceed applicable standards for mobile construction equipment in the
City’s Noise Control Ordinance and result in temporary substantial increases in noise levels primarily from the use of
heavy‐duty construction equipment. Even with the incorporation of the proposed LUCE Update policies and existing City
policies, short‐term construction noise levels are considered Class I, significant and unavoidable” (LUCE EIR Section 4.11
Noise, Impact N-1: Short-Term Construction Noise Levels). Upon certification of the LUCE EIR and approval of the
LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable impact.
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions in the LUCE EIR, implementation of the Zoning Regulations Update would
result in construction activity that generates noise levels exceeding applicable standards for mobile construction equipment
and would result in temporary substantial increases in noise levels during the use of heavy-duty construction equipment.
Future development is required to comply with the City Noise Element and Noise Control Ordinance; however, similar to
the conclusion of the LUCE EIR, potential short-term impacts related to construction activity would be significant and
unavoidable.
LUCE EIR Conclusion
Long-term Noise Exposure Due to Transportation-Related Noise Sources
The LUCE EIR states that implementation of the LUCE and associated development projects could result in exposure of
new sensitive receptors to existing transportation noise sources. Implementation of the LUCE would also generate
increases in traffic on local roadways, due to planned increases in population, housing, and employment; which would
increase overall traffic noise levels affecting both existing and new sensitive receptors. Single‐family residential
development, schools, libraries, hospitals, convalescent homes, and places of worship are considered the most
noise‐sensitive land uses. High‐density and mixed‐use residential, commercial, and industrial development is less
noise‐sensitive because activities are primarily indoors, and typically noise exposure can be reduced through design and
material choice (e.g., outdoor activity areas are located in courtyards surrounded by structures, materials with greater
insulation are used).
Roadway Traffic Noise. Existing and future traffic noise levels throughout the city were modeled during preparation of the
LUCE EIR to determine the anticipated traffic noise levels along major roadways. A complete list of roadway segments
and the modeled distances from the roadway centerline to the 55, 60, 65, and the 70 dBA Community Noise Equivalent
Level (CNEL)/Day‐night noise level (Ldn) contour and the noise level at 50 feet from the roadway centerline is provided in
Attachment 2
Packet Page 101
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 67
LUCE EIR Technical Appendix J: Noise Modeling.
LUCE EIR Section 4.11 Noise, Table 4.11‐8 Modeled Changes in Traffic Noise Levels (2012 to 2035) shows the existing
(baseline) traffic noise levels on modeled roadways, projected 2035 traffic noise levels, and the change in noise levels at 50
feet from the modeled roadways. Based on the modeling conducted, future projected traffic volumes on modeled roadways
would result in traffic noise increases ranging from 1 to 10 dBA. The LUCE EIR determined that a noticeable increase in
noise (i.e., 3 dB or greater) would be considered a substantial increase in noise.
Railroad Traffic Noise. One existing railroad line owned by Union Pacific Railroad passes through the City and is used for
both freight and passenger rail service. Noise from railroads is generated primarily by diesel locomotive engines, warning
horns, and gate bells at railroad crossings. Other components of noise include diesel exhaust, cooling fans, and railroad car
wheel/rail interaction. Railroad noise modeling is shown in LUCE EIR Section 4.11 Noise, Table 4.11‐9 Summary of
Modeled Existing Railroad Noise Levels. The modeling summarizes the existing railroad noise levels at 50 feet from the
railroad centerline, along with approximate distances from the railroad centerlines to the 70 dB, 65 dB, 60 dB, and 55 dB
CNEL/Ldn noise contours. Pursuant to the LUCE, changes in land use could result in additional residential and mixed‐use
development along major corridors, within the downtown area, or in various areas near or adjacent to the railroad line.
Placement of new residential or other sensitive land uses in close proximity to this active railroad line could potentially
expose people to excessive noise levels.
The LUCE EIR concluded that “implementation of the proposed LUCE Update would increase traffic volumes and
associated noise levels along major transportation routes. In some instances, traffic‐related noise increases could be more
than 3 dB, the level typically audible to the human ear and; therefore, considered a substantial increase in noise. New
development associated with the proposed LUCE Update could also result in the siting of new sensitive receptors in close
proximity to transportation noise sources such as the railroad, with potential to exceed the land use compatibility and
transportation noise exposure standards in the existing Noise Element. However, because the City’s Noise Element
contains policies and programs that would address and mitigate potential site‐specific impacts for individual projects in the
future, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11 Noise, Impact N‐2
Long‐Term Roadway and Railroad Traffic Noise Levels).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions in the LUCE EIR, implementation of the Zoning Regulations Update would
result in increased traffic volumes and associated noise levels along major transportation routes. New development
associated with the proposed Project could also result in the siting of new sensitive receptors in close proximity to
transportation noise sources such as major roadways and the railroad, with potential to exceed the land use compatibility
and transportation noise exposure standards in the existing Noise Element. Future development is required to comply with
the City Noise Element and Noise Control Ordinance; therefore, potential impacts would be less than significant.
LUCE EIR Conclusion
Long-term Noise Exposure Due to Stationary Sources
Stationary (and area) sources include landscape and building maintenance activities, stationary mechanical equipment (e.g.,
pumps, generators, HVAC units), garbage collection activities, commercial and industrial activities, and other stationary
and area sources such as people’s voices, amplified music, and public address systems.
The LUCE EIR concluded that “implementation of the proposed LUCE Update could increase stationary source noise
levels from new development. New development associated with the proposed LUCE Update could also result in the siting
of new sensitive receptors in close proximity to these source types, with potential to exceed the land use compatibility and
stationary noise exposure standards in the existing Noise Element. However, because the City’s Noise Element contains
policies and programs that would address and mitigate potential site‐specific impacts for individual projects in the future,
this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11 Noise, Impact N-3 Exposure of
Attachment 2
Packet Page 102
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 68
Noise Sensitive Receptors to Stationary Sources).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions of the LUCE EIR, implementation of development pursuant to the proposed
Zoning Regulations Update could increase stationary source noise levels from new development. New development could
also result in the siting of new sensitive receptors in close proximity to these source types, with the potential to exceed the
land use compatibility and stationary noise exposure standards in the Noise Element. However, the City’s Noise Element
contains policies that apply to new stationary sources, and, similarly, LUCE policies would serve to mitigate potential
increases in stationary noise that could occur as a result of overall development through 2035.
Implementation of the proposed Project could also introduce new sensitive land uses in close proximity to existing
stationary noise sources that could exceed applicable thresholds contained in the City’s Noise Element, similar to the
analysis and conclusions identified in the LUCE EIR. Noise Element policies and standards require all new development to
comply with the City’s adopted noise standards, noise mitigation procedures, and sensitive land use siting policies.
Site‐specific noise studies would require mitigation measures, if necessary, to ensure that development meets noise
standards. Therefore, implementation of the Zoning Regulations Update would not expose people to excessive noise levels
from stationary sources.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the
Municipal Code and Noise Element, which would ensure that future new land uses are designed to minimize construction-
related, operational, and stationary noise levels. Similar to the determination in the LUCE EIR and associated Statement of
Overriding Considerations, short-term impacts resulting from construction-related noise pursuant to the proposed Zoning
Regulations Update would be significant and unavoidable. Long-term impacts associated with increases in transportation-
related noise, development of noise-sensitive uses near transportation corridors, and increases in stationary noise sources
would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not make changes to the City’s existing Noise Ordinance. Additionally, the proposed Project
would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would
be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.11 Noise.
b) Ground vibration may result from short‐term construction activities as well as long‐term exposure from transportation noise
sources (i.e., passenger trains, freight trains, buses). Construction activities have the potential to result in varying degrees of
temporary ground vibration, depending on the specific construction equipment used and activities involved. Vibration
generated by construction equipment spreads through the ground and diminishes with increases in distance.
Construction‐related ground vibration is normally associated with impact equipment such as pile drivers, jackhammers, and
the operation of some heavy‐duty construction equipment, such as dozers and trucks. Blasting activities also generate
relatively high levels of ground vibration. LUCE EIR Section 4.11 Noise, Table 4.11‐10 Representative Ground Vibration
and Ground Noise Levels for Construction Equipment displays ground vibration levels for typical construction equipment.
The effects of ground vibration may be imperceptible at the lowest levels, result in low rumbling sounds and detectable
vibrations at moderate levels, and high levels of vibration can cause sleep disturbance in places where people normally
sleep or annoyance in buildings that are primarily used for daytime functions and sleeping. Ground vibration can also
potentially damage the foundations and exteriors of existing structures even if it does not result in a negative human
response. Pile driving and blasting activities produce the highest levels of ground vibration, as shown in LUCE EIR Table
4.11‐10 and can result in structural damage to existing buildings.
LUCE EIR Conclusion
Attachment 2
Packet Page 103
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 69
The LUCE EIR concluded that “implementation of the proposed LUCE Update could increase exposure to vibration levels.
However, because the City’s ordinance contains and that these sources (existing and proposed) would be anticipated to be
minor, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11 Noise, Impact N-5
Exposure to Excessive Vibration Levels).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions of the LUCE EIR, future development pursuant to the Zoning Regulations
Update would occur in primarily urban settings where land is already disturbed and; therefore, would not be anticipated to
require blasting, which is typically used to remove unwanted rock or earth. However, it is possible that pile driving could
occur during building construction. The Zoning Regulations Update could facilitate the construction of sensitive land uses
within portions of the City where known vibration sources exist, primarily in areas located along the existing active
railroad corridors (a primary ground vibration source within the city). With regards to vibration impacts on new
development near railroads, human disturbance is the primary concern. Vibration levels from trains passing would not
result in structural damage to new development. As documented in the LUCE EIR, Section 4.11 Noise, proposed
development within 80 feet of an existing railroad centerline could exceed the recommended threshold for human
disturbance of 80 VdB for sensitive receptors that are exposed to an infrequent amount of vibration events.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards that
address vibration, including requirements in the City’s Noise Ordinance that address construction-related vibration. Future
development shall also comply with existing performance standards identified in the Zoning Regulations, which state that
“no activity shall be conducted which causes ground vibrations perceptible at the property line” (current Zoning
Regulations Section 17.18.020, proposed Zoning Regulations Section 17.74.110, Vibration). In addition, pursuant to
CEQA, future new land uses that occur pursuant to the proposed Zoning Regulations Update would be subject to their own
environmental review on a project-by-project basis to assess impacts related to groundborne vibration. Therefore, potential
impacts related to vibration would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new vibration impacts that have not been previously examined or adequately addressed in
LUCE EIR Section 4.11 Noise.
c), d) LUCE EIR Conclusion and Proposed Zoning Regulations Update Analysis and Conclusion
Overall, development under the LUCE and Zoning Regulations Update would increase development intensity within the
city limits, as well as undeveloped areas to a more built environment, thereby resulting in the generation of noise impacts
as experienced by sensitive receptors. As noted above, the General Plan and Municipal Code protect sensitive receptors
from noise impacts through policies and plan review. Adherence to these requirements would reduce any long-term
impacts from buildout, including potential increases in overall ambient noise levels. With the implementation of feasible
construction noise reduction measures and exemptions, short term construction activities could still exceed applicable
standards especially if activities are near existing receptors and/or occur during the nighttime. Thus, consistent with the
LUCE EIR, cumulative short‐term construction noise levels remain Class I, significant and unavoidable (LUCE EIR
Section 4.11, Cumulative Impacts).
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the
Municipal Code and Noise Element, which would ensure that future new land uses are designed to minimize construction-
related and operational noise levels. Similar to the determination in the LUCE EIR and associated Statement of Overriding
Considerations, cumulative noise-related impacts pursuant to the proposed Zoning Regulations Update would be
significant and unavoidable.
Attachment 2
Packet Page 104
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 70
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not make changes to the City’s existing Noise Ordinance. Additionally, the proposed Project
would not allow new development in areas where such development is prohibited under the LUCE. Therefore, there would
be no new impacts that have not been previously examined or adequately addressed in LUCE EIR Section 4.11 Noise.
e), f) The ALUP establishes noise compatibility policies for sensitive land uses within the projected 55 and 60 dBA CNEL
airport noise contours associated with the hypothetical maximum use of both runways. The ALUP restricts extremely noise
sensitive land uses within the 60 dBA CNEL airport noise contour and requires mitigation measures for moderately
sensitive land uses within the 60 dBA CNEL airport noise contour. As summarized in this Initial Study (see Section 10
Land Use and Planning) and as described in detail in the LUCE EIR, the City approved an overrule of the ALUC’s
determination of consistency with the ALUP. The LUCE EIR determined that based on substantial evidence in the record,
that the overrule will not have a significant impact relative to safety, noise, airport land use compatibility or any other
component of the environment. In addition, two Specific Plan areas are located proximate to the airport. The Margarita
Area Specific Plan area is located directly north of the Airport Area Specific Plan area and northwest of the Airport, while
the Airport Area lies immediately adjacent to and north of the Airport. Development within these areas are subject to the
policies, standards, and requirements identified in these Specific Plans.
LUCE EIR Conclusion
The LUCE EIR concluded that “implementation of the proposed LUCE Update would result in the designation of
noise‐sensitive land uses located within or near the 55 dBA and 60 dBA noise contours of the San Luis Obispo County
Regional Airport Land Use Plan. This could result in exposure of people to excessive noise levels. However, with the
incorporation of the proposed LUCE Update policies that address airport noise compatibility and consistency with the
adopted ALUP, this impact would be considered Class III, less than significant” (LUCE EIR Section 4.11, Impact N-4
Airport Noise Exposure).
Proposed Zoning Regulations Update Analysis and Conclusions
Implementation of the proposed Zoning Regulations Update would result in development occurring within the boundaries
of the ALUP and City AOZ. Consistent with the analysis and conclusions of the LUCE EIR, based on compliance with the
General Plan and proposed clarifications to the Airport Overly Zone section of the Zoning Regulations, potential impacts
would be less than significant.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations and standards of the
Municipal Code, General Plan, and Specific Plans (as applicable). Therefore, the proposed Zoning Regulations Update
would not expose people to significant levels of airport noise. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts related to noise generated by airport operations that have not been previously
examined or adequately addressed in the LUCE EIR (Section 4.11 Noise).
13. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly
(for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
1, 32 X
b) Displace substantial numbers of existing housing, necessitating 1, 33 X
Attachment 2
Packet Page 105
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 71
the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
1, 33 X
Evaluation
As documented in the LUCE EIR, as of January 2013, the City has a population of 45,541, and is expected to have a population
increase of 4,613 people by 2035. Over the past 30 years, the population of the City has grown at an average rate of about one
percent per year, with periods of faster or slower growth reflecting national and statewide economic cycles. At the beginning of
2013, the City had 20,697 housing units. According to the City’s General Plan Annual Report 2017, the total population in
2017 was 46,724 and the total housing units was 21,286. LUE Policy 1.11.2 Residential Growth Rate, states that the City shall
manage the growth of the city's housing supply so that it does not exceed one percent per year, on average, based on thresholds
established by Land Use Element Table 3 [One Percent City Population Growth Projection]. This rate of growth may continue
so long as the City's basic service capacity is assured. Based on the Community Development Department’s running total of
residential construction permits, as shown in General Plan Annual Report 2017 Table 6, the annual growth rate in 2017 was
0.53 percent, which includes new single-family and multi-family residential construction. This is well within the limit of the
one percent annual residential growth rate identified in the Land Use Element. The five-year average growth rate also remained
below one percent at 0.46 percent.
a) LUCE EIR Conclusion
The LUCE EIR concluded that “the LUCE Update would not result in residential unit development or associated
population growth that exceeds an adopted average annual growth rate threshold. Potential population and housing impacts
are considered Class III, less than significant” (LUCE EIR, Section 4.12 Population and Housing, Impact PH‐1).
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable standards (such as maximum
density) of the Zoning Regulations, as updated, and the LUCE, including identified growth rates. Therefore, the proposed
Zoning Regulations Update would not induce substantial population growth. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR,
Section 4.12 Population and Housing.
b), c) The City’s Housing Element includes several goals, policies, and programs specific to the retention of existing housing
within the City. Development pursuant to the Zoning Regulations Update is required to be consistent with City Housing
Element Goal 3 Housing Conservation: “Conserve existing housing and prevent the loss of safe housing and the
displacement of current occupants”. Housing Element Program 3.10 states that “continue to encourage the creation of
dwellings in the Downtown Core (C-D Zone) and the Downtown Planning Area by continuing the "no net housing loss"
program, consistent with Chapter 17.86 (Downtown Housing Conversion Regulations) of the Zoning Regulations”. The
proposed Zoning Regulations retain the statement that “development projects within the Downtown Planning Area shall
not result in a net housing loss.” The proposed Zoning Regulations Update, by itself, does not propose or authorize any
development. Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable
federal, state, and local regulations that restrict housing loss and address tenant displacement. Based on compliance with
the Housing Element, and implementation of the Zoning Regulations, impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
Attachment 2
Packet Page 106
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 72
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately
addressed in the LUCE EIR (LUCE EIR, Section 4.12 Population and Housing).
14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision
of new or physically altered governmental 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? 1, 13 X
b) Police protection? 1, 13 X
c) Schools? 1 X
d) Parks? 1, 34 X
e) Other public facilities? X
Evaluation
The San Luis Obispo Fire Department (SLOFD) provides fire and emergency services to the City of San Luis Obispo. The Fire
Department is organized into five divisions: Emergency Operations, Fire Prevention and Life Safety, Training and Equipment,
Administrative, and Support Services. In addition to providing fire and emergency services to the city, SLOFD maintains an
Emergency Services Contract with Cal Poly. Under the current contract, SLOFD provides fire and emergency services to the
university in return for a set annual fee. SLOFD operates out of four fire stations located throughout the City.
The San Luis Obispo Police Department (SLOPD) provides police protection services within the city limits. SLOPD is
responsible for responding to calls for service, investigating crimes and arresting offenders, enforcing traffic and other laws,
and promoting community safety through crime prevention and school‐safety patrols. The Police Department consists of two
bureaus, Administration and Operations, each of which has four divisions. The Police Department operates out of one main
facility located at 1042 Walnut Street and a small additional office at 1016 Walnut Street. In July 2010, a new Emergency
Communications Center opened at Fire Station One. The Emergency Communications Center provides dispatch for the Police
Department and Fire Department. Program 9.3C of the Safety Element establishes a 30% available time objective for patrol
response. “Available time” is the fraction of total time that a patrol unit is not previously assigned and is intended for use to
conduct proactive enforcement, community policing or to assist with neighborhood wellness initiatives. The San Luis Obispo
County Sheriff’s Department provides law enforcement services to areas outside the city but within the LUCE Planning
Subarea. The Cal Poly Police Department provides police protection on campus. The California Highway Patrol (CHP) also
provides law enforcement services within the LUCE Planning Subarea, primarily along state highways.
The San Luis Coastal Unified School District (SLCUSD) serves an area between the coast and the Los Padres National Forest,
and from Morro Bay to the north and Arroyo Grande to the south. In total, the District operates ten elementary schools, two
middle schools, two high schools, one continuation high school, and an adult education facility. In addition to the K‐12
educational program, the SLCUSD offers a variety of additional educational programs, including: cooperative preschool,
preschool early education, and parent participation. Within the San Luis Obispo LUCE Planning Subarea, the District operates
six elementary schools, one middle school, one high school, and one continuation high school. There are six private schools
located within the LUCE SOI Planning Subarea that provide preschool, primary, secondary, and high school educational
services to residents based on individually set criteria (e.g., academic performance, religious affiliation). California Polytechnic
State University San Luis Obispo and Cuesta College provide college education services.
There are 26 parks in the city, consisting of eight community parks, ten neighborhood parks, and eight mini-parks. There are
also six joint use facilities, and several recreation centers and special facilities (e.g., Damon Garcia Sports Fields and the SLO
Swim Center). There is currently approximately 151.65 acres of parkland in the city, of which 33.53 acres are neighborhood
parks. In addition to developed parks, the City owns or manages over 6,970 acres of open space within and adjacent to San Luis
Obispo, some of which provide trails that accommodate hiking and mountain biking. LUCE EIR Section 4.14 Recreation
Tables 4.14‐1 Existing City of San Luis Obispo Parks and Recreation Facilities and 4.14‐2 Existing City of San Luis Obispo
Special Facilities and Figure 4.14‐1 Parks Locations describe the type, location, and amenities provided by parks and special
Attachment 2
Packet Page 107
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 73
facilities in San Luis Obispo.
a) LUCE EIR Conclusion
As determined in the LUCE EIR, new residential and non‐residential development facilitated by the LUE would place
additional service demands on the SLOFD. Increased service demands would have the potential to result in a significant
environmental impact if new or physically altered fire service facilities would be required to ensure that the City’s four-
minute response standard was achieved.
The LUCE EIR concluded that “buildout of the proposed Land Use Element would increase the demand for fire protection
services by increasing population and the number of structures in the city. This is a Class II, potentially significant but
mitigable impact” (LUCE EIR, Section 4.13 Public Services, Impact PS-1). The recommended mitigation identified in the
LUCE EIR was incorporated into the Safety Element, which includes the following policy as required pursuant to
certification of the LUCE EIR: “Development shall be approved only when adequate fire suppression services and facilities
are available or will be made available concurrent with development, considering the setting, type, intensity, and form of
the proposed development”.
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the LUCE EIR, implementation of development pursuant to the proposed Zoning Regulations would result
in additional residential and non-residential development that would be served by SLOFD. As future development would
be subject to General Plan policies, including the modified measure from the LUCE EIR that was incorporated into the
Safety Element, implementation of the proposed Zoning Regulations Update would result in less than significant adverse
physical impacts associated with the provision of new or altered facilities needed to achieve consistency with the City’s fire
response standard.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be evaluated by the City as part of the planning and development review
process to determine the level of and demand for fire protection services that would be generated by each project.
Additionally, all new land uses would be required to conform to all applicable federal, state, and local regulations that
address fire safety, including the City Municipal Code, CBC, and Fire Code. Therefore, the proposed Zoning Regulations
Update would not result in substantial adverse impacts on fire services. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately
addressed in LUCE EIR Section 4.13 Public Services.
b) LUCE EIR Conclusion
The LUCE EIR states that new residential and non‐residential development facilitated by the LUE would place additional
service demands on the SLOPD. Increased service demands would have the potential to result in a significant
environmental impact if new or physically altered law enforcement service facilities would be required. Based on the
population estimates identified in the LUCE EIR, and if additional officers were hired commensurate with future
population growth facilitated by the LUE, a total of 74 officers, an increase of seventeen officers compared to baseline
conditions identified in the LUCE EIR, would be required to retain the existing officer to population ratio of 1.27. Space to
house police personnel and equipment is currently fully subscribed. Should a substantial number of officers be hired in the
future, reconfiguration, reconstruction or new construction of facilities may be needed to accommodate them. If a new or
additional facility is constructed in a new location, changes to response time could result. Adverse physical impacts
associated with the provision of new or altered facilities needed to maintain the existing ratio of officers to the population
Attachment 2
Packet Page 108
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 74
served are unlikely as any new or reconstructed facility would be required to meet community design guidelines, and its
location would need to meet the response time needs of the community. As of June 2018, the City is evaluating the possible
construction of a new Police Department in the City. The LUCE EIR states that “the proposed LUCE Update would not
result in substantial adverse physical impacts associated with the provision of new or altered facilities related to law
enforcement services” (LUCE EIR, Section 4.13 Public Services).
The LUCE EIR concluded that “buildout of the proposed Land Use Element Update would increase the demand for police
protection services by increasing population and development in the city. This is a Class III, less than significant impact.
The proposed LUCE Update would result in less than significant environmental impacts related to law enforcement
services and no mitigation measures are required” (LUCE EIR, Section 4.13 Public Services Impact PS‐2).
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be evaluated by the City as part of the planning and development review
process to determine the level of and demand for police protection services that would be generated by each project.
Additionally, all new land uses would be required to conform to all applicable federal, state, and local regulations that
address public safety, including the City Municipal Code and CBC. Therefore, the proposed Zoning Regulations Update
would not result in substantial adverse impacts on police services. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, there would be no new impacts that have not been previously examined or adequately
addressed in LUCE EIR Section 4.13 Public Services.
c) LUCE EIR Conclusion
The LUCE EIR determined that providing new residential units would increase the population of the City, which would
result in additional school‐age children attending the City’s public schools. New student generation rates for single‐ and
multi‐family residential units are depicted on LUCE EIR Section 4.13 Public Services, Table 4.13‐3 Student Generation
Rates. LUCE EIR Chapter 2, Project Description, Table 2.4‐3 Total Future Development Capacity within the Planning
Subarea indicates that buildout of the LUE could result in the development of approximately 4,904 new dwelling units in
the city, consisting of 2,420 single‐family dwellings and 2,484 multi‐family units. Projected new student generation that
would result from buildout of the proposed LUE is provided on LUCE EIR Section 4.13 Public Services, Table 4.13‐4
Proposed Land Use Element Buildout Student Generation. Based on student generation rates provided by SLCUSD, the
LUE would have the potential to generate approximately 911 additional students by the year 2035, which is anticipated to
be the buildout year of the LUE. The additional students generated by buildout of the proposed LUE could result in
over‐capacity conditions at certain schools located in the LUCE Planning Area. The additional students could result in the
need for the expansion of existing schools and/or the installation of portable classrooms at existing school sites; however, it
is unlikely that providing additional classrooms at existing school sites would result in significant environmental impacts.
The LUCE EIR concluded that “buildout of the proposed Land Use Element Update would increase enrollment in public
schools by increasing the population of the city. This is a Class III, less than significant impact” (LUCE EIR, Section 4.13
Public Services, Impact PS‐3).
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the conclusions of the LUCE EIR, should new school facilities be required to accommodate additional
student populations resulting from build-out of the LUCE pursuant to the proposed Zoning Regulations Update, short-term
impacts associated with construction are generally reduced to a less than significant level with the implementation of site
Attachment 2
Packet Page 109
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 75
design measures and compliance with applicable regulations. Site‐specific evaluations of any proposed new or expanded
schools would be required, however, it is expected that potential physical impacts associated with the provision of new or
altered school facilities needed to serve additional school‐age children residing in the additional 4,904 residential units that
could be developed under the proposed LUE and Zoning Regulations Update would not be significant.
In addition, Senate Bill 50 (Government Code Section 65970) implemented school impact fee reforms in 1998 by
amending the laws governing developer fees and school mitigation. Pursuant to SB 50, future development projects would
be required to pay school impact fees established to offset potential impacts on school facilities. Therefore, although
implementation of the Zoning Regulations Update would result in additional students and could result in or contribute to
over‐capacity at individual schools, payment of the fees mandated under SB 50 is the mitigation measure prescribed by the
statute, and payment of the fees is deemed full and complete mitigation.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Zoning Regulations Update would be required to pay developer fees per SB50 to mitigate
impacts on schools. Therefore, the proposed Project would not result in substantial adverse impacts on schools. Impacts
would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR
Section 4.13 Public Services.
d), e) The City Parks and Recreation Element and Master Plan includes a park standard that requires the City to develop and
maintain 10 acres of parkland per 1,000 residents, with at least five of each 10 acres developed as neighborhood parks. The
LUCE EIR determined that based on existing population and parks acreage conditions, the city needs an additional 303
acres of park land, of which 195 acres should be neighborhood parks, to meet its per capita parkland standard.
LUCE EIR Conclusion
The LUCE EIR determined that based on a potential buildout population of 58,626 and a total of 204 acres of parkland, the
amount of per capita parkland in the city would be 3.44 acres per 1,000 residents, which is more per capita parkland than
the existing 3.32 acres of parkland for each 1,000 residents currently provided. As such, implementation of the LUCE
would result in a slightly improved parkland per capita ratio when compared to existing conditions. To achieve the City’s
parkland standard of 10 acres per 1,000 residents under proposed LUCE buildout conditions, approximately 586 acres of
parkland would be required in the city. The increase in per capita parkland proposed by the LUCE would incrementally
improve the existing condition in which the City’s per capita parkland standard is not achieved. In addition, the increase in
per capita parkland would minimize the potential for an adverse increase in the use of existing parks or other recreational
facilities such that substantial physical deterioration of the existing facilities would occur or be accelerated.
The LUCE EIR concluded that “buildout of the proposed LUCE Update would increase the population of the city and
would facilitate the development of additional parkland. Buildout of the proposed LUCE Update would result in a small
increase in total per capita parkland in the city when compared to existing conditions. Although the LUCE Update would
not comply with the City’s per capita parkland standard, this would not result in a physical effect. Therefore the LUCE
Update would result in a Class III, less than significant environmental impact related to the increased use of existing park
and recreation facilities” (LUCE EIR Section 4.14 Recreation, Impact REC-1).
Proposed Zoning Regulations Update Analysis and Conclusions
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Zoning Regulations Update may be subject to the payment of park fees, if such fees are
Attachment 2
Packet Page 110
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 76
adopted by the City. In addition, the Quimby Act (1975) gives cities and counties the authority, by ordinance, to require the
dedication of land or payment of in‐lieu fees, or a combination of both, for park and recreation purposes as a condition of
approval of a tract map or parcel map. The Quimby Act allows fees to be collected for up to five acres of parkland per
1,000 residents. The Orcutt Area and Margarita Area Specific Plans have associated parkland impact fees to ensure
dedication and development of parkland occurs. However, development in other areas of the City is not subject to park fees
other than through Quimby Act fees collected with subdivisions. Furthermore, as part of the planning and development
review process, all new residential development projects would be evaluated on a case-by-case basis to determine the level
of and demand for parks and common open space that would be generated by a specific project. Therefore, the proposed
Zoning Regulations Update would not result in substantial adverse impacts on parks. Impacts would be less than
significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR
Section 4.14 Recreation.
15. RECREATION.
a) Would the project increase the use of existing neighborhood or
regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or
be accelerated?
1, 34 X
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might
have an adverse physical effect on the environment?
1, 34 X
Evaluation
There are 26 parks in the city, consisting of eight community parks, ten neighborhood parks, and eight mini-parks. There are
also six joint use facilities, and several recreation centers and special facilities (e.g., Damon Garcia Sports Fields and the SLO
Swim Center). There is currently approximately 151.65 acres of parkland in the city, of which 33.53 acres are neighborhood
parks. In addition to developed parks, the City owns or manages over 6,970 acres of open space within and adjacent to San Luis
Obispo, some of which provide trails that accommodate hiking and mountain biking. LUCE EIR Section 4.14 Recreation
Tables 4.14‐1 Existing City of San Luis Obispo Parks and Recreation Facilities and 4.14‐2 Existing City of San Luis Obispo
Special Facilities and Figure 4.14‐1 Parks Locations describe the type, location, and amenities provided by parks and special
facilities in San Luis Obispo.
a), b) LUCE EIR Conclusion
The construction and use of park facilities adjacent to residential areas has the potential to result in significant
environmental impacts related to issues such as traffic, noise, dust generation and emissions, night lighting and land use
compatibility. Future development under the LUCE will be required to comply with local, State, and Federal laws and
policies, and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential
impacts resulting from future development of parks facilities. Applicable LUE policies include 2.3.2 Separation and
Buffering, which states that “the City shall seek to protect Residential areas from incompatible and detrimental non-
residential activities and facilities” and Policy 12.9 Environmental Review.
The LUCE EIR concluded that “buildout of the proposed Land Use Element would potentially provide up to 52.4 acres of
new park facilities in the city. The construction and use of the proposed parks would have the potential to result in
significant environmental impacts. This is considered a Class III impact, less than significant” (LUCE EIR, Section 4.14
Recreation, Impact REC‐2).
Attachment 2
Packet Page 111
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 77
Proposed Zoning Regulations Update Analysis and Conclusions
Consistent with the analysis and conclusions of the LUCE EIR, existing General Plan policies applicable to future park
project design would substantially reduce the potential for park‐related environmental impacts as a result of development
occurring pursuant to the proposed Zoning Regulations Update. In addition, subsequent CEQA review would identify
project‐specific impacts and provide measures to reduce potential impacts to the extent possible. Furthermore, pending
preparation of a Parks and Recreation Master Plan and General Plan Element Update (recently authorized by the City
Council), most of the future parkland to be provided in the city would be constructed as part of the buildout of previously
approved (Margarita and Orcutt) or proposed (San Luis Ranch, Avila Ranch, Madonna) Specific Plans, which would
facilitate park planning and design opportunities to minimize environmental impacts and land use conflicts. Therefore,
potential adverse physical effects on the environment resulting from future park development and use would be reduced to
a less than significant level through the implementation of proposed policy and project‐specific CEQA requirements.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Zoning Regulations Update may be subject to the payment of park fees, if such fees are
adopted by the City. Furthermore, as part of the planning and development review process, all new residential development
projects would be evaluated on a case-by-case basis to determine the level of and demand for parks and common open
space that would be generated by the project, in addition to potential impacts resulting from the development and operation
of additional parkland. Therefore, the proposed Zoning Regulations Update would not result in substantial adverse impacts
on parks. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Project would not allow new development in areas where such development is prohibited under the LUCE.
Therefore, there would be no new impacts that have not been previously examined or adequately addressed in LUCE EIR
Section 4.14 Recreation.
16. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan, ordinance or policy
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?
1, 2, 3,
6, 35 X
b) Conflict with an applicable congestion management program,
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?
1, 2, 3,
6, 35 X
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?
1, 2, 3,
6, 35 X
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
1, 2, 3,
6, 35 X
e) Result in inadequate emergency access? 1, 2, 3,
6, 35 X
f) Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
1, 2, 3,
6, 35 X
Attachment 2
Packet Page 112
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 78
Evaluation
The City is accessed primarily by roadways including US 101, State Route (SR) 1 and SR 227. Routes of regional
significance providing access include Los Osos Valley Road, Foothill Road, Broad Street, O’Connor Way, Prefumo
Canyon Road, South Higuera Street and Orcutt Road. The city is accessed by air via the San Luis Obispo County Regional
Airport or by rail via Amtrak’s Pacific Surfliner and Coast Starlight routes. Additional modes of transportation include City
bikepaths and bikelanes and SLO Transit (refer to LUCE EIR Section 4.15 Transportation and Circulation, Figure 4.15‐1
City of San Luis Obispo Roads, Airport and Rail, Figure 4.15‐2 City of San Luis Obispo Roads, Transit, and Figure 4.15‐3
City of San Luis Obispo Bicycle System). LUCE EIR Section 4.15 Transportation and Circulation, Table 4.15-2 Local
Roadway LOS (Per ADT Threshold) shows the properties of local roadways and the baseline level of service (LOS) as
determined by the transportation analysis conducted for the LUCE EIR. LUCE EIR Section 4.15 Transportation and
Circulation also discusses neighborhood traffic management and roadway operations.
a), b) LUCE EIR Conclusion
Roadways and Intersections. Based on the LUCE EIR, future implementation of the LUCE would have the potential to
result in significant impacts related to roadway and intersection operations. LUCE EIR Section 4.15 Transportation and
Circulation, Table 4.15‐6 US‐101 Proposed Project AM Peak‐Hour LOS (Post Miles from South to North), Table 4.15-7
US‐101 Proposed Project PM Peak‐Hour LOS (Post Miles from South to North), and Table 4.15-8 Cumulative Local
Roadway LOS (Using FDOT Procedures) show the potential changes to LOS. As documented in the LUCE EIR, the
following eight roadway segments would experience significant impacts due to increases in volumes: Broad (S/South,
South – Orcutt, Orcutt – Tank Farm Road and Buckley – South City Limit); Chorro (Foothill – Lincoln; Los Osos Valley
Road (just west of the City Limits); and Prado (US 101 – Higuera and Higuera – Broad). As shown in LUCE EIR Section
4.15 Transportation and Circulation, Table 4.15-9 2035 Intersection LOS Summary – LOS E/F, a total of eleven
intersections would operate at unacceptable conditions during the AM and/or PM peak hours, including: Grand and Slack;
California and Taft; Grand and US 101 SB on‐ramp/Loomis; San Luis and California; Higuera & Tank Farm; Broad and
High; Broad and Rockview; Broad and Capitolio; Johnson and Orcutt; Broad and Tank Farm; and Broad and Airport.
The LUCE EIR concluded that “development and street network changes under the LUCE Update will cause roadways
currently operating at LOS D or better to deteriorate to LOS E or F, in downtown San Luis Obispo, roadways operating at
LOS E or better will deteriorate to LOS F, or will add additional traffic to roadways operating at LOS E (outside of
downtown) or F (in downtown). Impact is considered to be Class I, significant and unavoidable” (LUCE EIR Section 4.15
Transportation and Circulation, Impact CIR‐1). Upon certification of the LUCE EIR and approval of the LUCE Update, the
City adopted a Statement of Overriding Considerations for this significant and unavoidable impact.
The LUCE EIR also concluded that “development and street network changes under the LUCE Update will cause
intersections currently operating at LOS D or better to deteriorate to LOS E or F, in downtown San Luis Obispo,
intersections operating at LOS E or better will deteriorate to LOS F, or will add additional traffic to intersections operating
at LOS E (outside of downtown) or F (in downtown). Impact is considered to be Class I, significant and unavoidable”
(LUCE EIR Section 4.15 Transportation and Circulation, Impact CIR‐2). Upon certification of the LUCE EIR and approval
of the LUCE Update, the City adopted a Statement of Overriding Considerations for this significant and unavoidable
impact.
Proposed Zoning Regulations Update Analysis and Conclusions
Implementation of development pursuant to the proposed Zoning Regulations Update, including proposed modifications to
allowable density in the R-3 zone, future development within the Upper Monterey Downtown Overlay zone, and
establishment of minimum dwelling units on multi-family residential (R-2, R-3, and R-4) and office zoned lots, would have
the potential to result in significant impacts related to operations of City roadways and key intersections, as identified in the
LUCE EIR. Future development shall be consistent with the Circulation Element, which includes multiple policies
addressing issues including, but not limited to, congestion, multi-modal and alternative transportation, growth management
and roadway expansions, peak hour and daily traffic, and transportation funding. The Circulation Element also includes
Attachment 2
Packet Page 113
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 79
policies that support and encourage use of alternative modes, which would result in a shift in mode of travel, and reduction
in the traffic volumes on city streets. While the potential addition of traffic related to City build-out pursuant the General
Plan and Zoning Regulations would be considered significant, compliance with Circulation Element policies could reduce
volumes; however, further reduction of volumes would be necessary to reduce impacts to less than significant levels (as
stated in the LUCE EIR). Therefore, this impact remains significant and unavoidable, as determined in the LUCE EIR.
LUCE EIR Conclusion
Freeway Operations. Consistent with the determinations of the LUCE EIR, future implementation of the LUCE pursuant to
the proposed Zoning Regulations Update has the potential to result in significant impacts on freeway facilities. The LUCE
EIR concluded that “development under the LUCE Update will increase traffic on freeway facilities. Impact is considered
to be Class I, significant and unavoidable” (LUCE EIR Section 4.15 Transportation and Circulation, Impact CIR‐3). Upon
certification of the LUCE EIR and approval of the LUCE Update, the City adopted a Statement of Overriding
Considerations for this significant and unavoidable impact.
Proposed Zoning Regulations Update Analysis and Conclusions
The LUCE EIR states that one segment north of Madonna Road (post mile 28.088) is projected to experience unstable flow
conditions (LOS F) in northbound direction during the AM peak hour, and all other segments are projected to operate at
LOS D or better during the AM peak hour in 2035. During the PM peak hour in the southbound direction, all US 101
segments (4.074 centerline miles of freeway) are projected to experience unstable flow conditions (LOS F). All segments
in the northbound direction are projected to operate at LOS D. Despite compliance with LUCE policies and programs,
freeway impacts would not be reduced to less than significant levels. Therefore, this impact is considered to be significant
and unavoidable, consistent with the determination in the LUCE EIR.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the
proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots
would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively.
This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two
additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a
minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit.
This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3
zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the
analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling
density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4.
Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High
and High Density Residential and Office land use designations to provide multi-family and other residential opportunities,
development of housing projects pursuant to the proposed regulations would generate additional multi-modal traffic and
result in similar impacts and conclusions as disclosed in the LUCE EIR, future development would be subject to
performance and design standards established for these residential and office zones, future development would be subject
to consistency with the Circulation Element, and potential build-out pursuant to the proposed Project remains subject to the
one percent growth limitation.
As development under the LUCE and Zoning Regulations Update is proposed, the City will be required to ensure
consistency with the General Plan. While the Zoning Regulations Update does not include any regulations that are
inconsistent with the Circulation Element, the anticipated traffic that would be generated upon build-out of the City
pursuant to the LUCE and implementation of existing and proposed Zoning Regulations would result in the degradation of
LOS, as identified in LUCE EIR Section 4.15 Transportation and Circulation. Compliance with Circulation Element
policies and programs that contribute to reducing volumes along roadways would partially mitigate this significant impact.
In addition, pursuant to CEQA, future new land uses that occur pursuant to the proposed Project would be subject to their
own environmental review on a project-by-project basis to assess traffic impacts; however, consistent with the LUCE EIR,
Attachment 2
Packet Page 114
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 80
the impact would remain significant and unavoidable. Therefore, the proposed Project would not result in a significant
transportation impact not examined or adequately addressed in the LUCE EIR.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant transportation and
circulation impact not examined or adequately addressed in the LUCE EIR Section 4.15 Transportation and Circulation.
c) Implementation of the General Plan and proposed Zoning Regulations Update would not result in any changes in air traffic
patterns. Potential impacts due to increased traffic associated with the San Luis Obispo County Airport are discussed below
(refer to the discussion under d).
d) LUCE EIR Conclusion
Roadways improved consistent with the Circulation Element would be designed in compliance with City Engineering
Standards; however, implementation of future development pursuant to the LUCE has the potential to increase traffic
volumes and speeds in neighborhoods. Compliance with Circulation Element policies including the following would
address neighborhood traffic: 8.1.1 Through Traffic; 8.1.2 Residential Streets; 8.1.3 Neighborhood Traffic Speeds; 8.1.4
Neighborhood Traffic Management; 8.1.5 Neighborhood Traffic Management Guidelines; 8.1.6 Non‐Infill Development;
and 8.1.7 New Project Evaluation. The LUCE EIR concluded that “development under the LUCE Update may increase
traffic volumes or traffic speed in designated neighborhood traffic management areas. Impact is considered to be Class III,
less than significant” (LUCE EIR, Section 4.16 Transportation and Circulation, Impact CIR-4).
Implementation of the LUCE may encourage increased truck traffic on non‐designated truck routes. The Circulation
Element includes the following policy to address increased truck traffic: 10.1.1 Truck Routes. The LUCE EIR concluded
that “development under the LUCE Update may encourage increased heavy vehicle traffic on non‐designated truck routes.
Impact is considered to be Class III, less than significant” (LUCE EIR, Section 4.16 Transportation and Circulation, Impact
CIR‐5).
The LUCE EIR states that implementation of the LUCE may lead to changes in traffic volumes of traffic patterns that result
in deteriorated safety conditions. Future development will comply with Circulation Element policies including: 11.1.1
Interstate Air Service; 11.1.2 County Aircraft Operations; and 11.1.3 Public Transit Service. The LUCE EIR concludes that
“development under the LUCE Update will cause increased activity at San Luis Obispo County Regional Airport that may
lead to changes in traffic volumes or traffic patterns that result in deteriorated safety conditions. Impact is considered to be
Class III, less than significant” (LUCE EIR Section 4.16 Transportation and Circulation, Impact CIR‐6).
Proposed Zoning Regulations Update Analysis and Conclusions
Future land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all
applicable regulations performance standards and design standards that address safety, including those of the Zoning
Regulations, as updated, the Circulation Element, and City Engineering Standards. Future development proposals would be
reviewed on a case-by-case basis as they arise to determine if project layouts, driveway locations, land use types, or actual
intensities would result in hazardous conditions. Therefore, the proposed Zoning Regulations Update would not
substantially increase hazards due to a design feature. Impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. The
proposed Project would make revisions, additions, corrections and clarifications to various sections of the Zoning
Regulations to ensure consistency and successful implementation of the LUCE. The proposed Project would not allow new
development in areas where such development is prohibited under the LUCE. Therefore, there would be no new impacts
that have not been previously examined or adequately addressed in the LUCE EIR Section 4.16 Transportation and
Circulation.
Attachment 2
Packet Page 115
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 81
e) Emergency access requirements are established in the Fire Code and are reviewed and approved by the City Fire Marshal.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations that address emergency
access, including Fire Code requirements. Future development proposals would be reviewed on a case-by-case basis by the
City Fire Department as they arise to determine if adequate emergency access is provided. Therefore, the proposed Zoning
Regulations Update would not result in inadequate emergency access. Impacts would be less than significant. Refer to
Initial Study Section 8 Hazards and Hazardous Materials for additional discussion regarding emergency access.
f) The Circulation Element provides policies that encourage the use of active transportation modes within the City, including:
4.1.1 Bicycle Use; 4.1.2 Campus and School Site Trips; 4.1.3 Continuous Network; 4.1.4 New Development; 4.1.5
Bikeway Design and Maintenance; 4.1.6 Bikeway Development with Road Improvements; 4.1.7 Education and Safety;
4.1.8 Bicycle Transportation Coordinator; 4.1.9 Traffic Law Compliance; 4.1.10 Right‐of‐way Acquisition; 4.1.11 Bicycle
Transportation Plan Implementation; 4.1.12 Bike Parking; 5.1.1 Promote Walking; 5.1.2 Sidewalks and Paths; 5.0.3 New
Development 5.1.4 Pedestrian Access; 5.1.5 Pedestrian Crossings; 5.1.6 Downtown Commercial Core; and 5.1.7
Sidewalks.
LUCE EIR Conclusion
The LUCE EIR concluded that “development and street network changes and adoption of the policies and programs under
the LUCE Update would not conflict with adopted policies that are supportive of increased active transportation. Impact is
considered to be Class III, less than significant” (LUCE EIR Section 4.15, Transportation and Circulation Impact CIR-7).
The LUCE EIR also concluded that “development and adoption of the policies and programs under the LUCE Update
would not conflict with adopted policies that are supportive of increased transit ridership and provision of services. Impact
is considered to be Class III, less than significant” (LUCE EIR Section 4.15, Transportation and Circulation Impact CIR-8).
Proposed Zoning Regulations Update Analysis and Conclusions
Adoption of the Zoning Regulations Update will not impose new barriers on bicycle and pedestrian traffic or use of transit
within the City, nor will in conflict with existing policies that are supportive of these alternative modes of transportation as
identified in the Circulation Element. The proposed Zoning Regulations Update implements the goals and policies of the
LUCE, including updating parking requirements to “encourage bicycling, transit use, walking, carpooling, and other modes
of transportation (other than motor vehicle) that can move the City toward achieving modal split goals in the General Plan
Circulation Element” (proposed Zoning Regulations, Article 3). The proposed Project clarifies standards addressing short-
term and long-term bicycle parking and storage, simplifies parking requirements consistent with trip demands (revised
Table 9), and requires showers, lockers, and changing rooms in non-residential projects over 20,000 square feet. Future
land uses that occur pursuant to the proposed Zoning Regulations Update would be required to conform to all applicable
regulations performance standards and design standards, including those of the Zoning Regulations, as updated, the
Circulation Element, and City Engineering Standards. Therefore, impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would not allow new development in areas where such development
is prohibited under the LUCE. Pursuant to CEQA, future new land uses that occur pursuant to the proposed Zoning
Regulations Update would be subject to their own environmental review on a project-by-project basis to assess consistency
with the Circulation Element. Therefore, the proposed Zoning Regulations Update would not result in a significant impact
not examined or adequately addressed in LUCE EIR Section 4.15 Transportation and Circulation.
17. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a
tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with
cultural value to a California Native American tribe, and that is:
Attachment 2
Packet Page 116
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 82
a) Listed or eligible for listing in the California Register of
Historical Resources, or in a local register as defined in Public
Resources Section 5020.1(k)?
1, 9,
10, 11,
12
X
b) A resource determined by the lead agency, in its discretion and
supported by substantial evidence, to be significant pursuant to
criteria set forth in subdivision (c) of Public Resources Code
Section 5024.1? In applying the criteria set forth in subdivision
(c) of Public Resources Code Section 5024.1, the lead agency
shall consider the significance of the resource to a California
Native American tribe.
1, 12 X
Evaluation
On April 26, 2018, local Native American tribal groups were formally noticed that an Initial Study of Environmental Impact
was being completed for the proposed Zoning Regulations Update and invited to provide consultation on the proposed project.
No tribal representatives requested a formal consultation; however, two representatives discussed the proposed Zoning
Regulations with City Staff and one requested additional policy language to be included in the Zoning Regulation Update. No
specific tribal cultural resources were identified by the tribal representatives.
a) The City contains multiple resources that are listed or eligible for listing in the California Register of Historical Resources,
and/or in the City’s list of historical resources. Development facilitated by the LUCE and Zoning Regulations Update could
adversely affect identified and previously unidentified historical and archaeological resources. However, adherence to
existing Federal, State and City policies and programs, will address these impacts by requiring the study of site-specific
resources, identification of significant resources present within a given project site, requirements to avoid significant
resources and requirements to mitigate any impacts to these resources through project design, tribal consultation,
monitoring and Native American consultation. As such, impacts are considered less than significant.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that
occur pursuant to the proposed Project would be required to conform to federal, State, and local guidelines and
requirements that address historical, archaeological, and tribal cultural resources. Pursuant to CEQA, future new land uses
that occur pursuant to the proposed Zoning Regulations Update would be subject to their own environmental review and
associated tribal consultations on a project-by-project basis to assess potential impacts. Therefore, impacts would be less
than significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new development in areas where such development is prohibited under the LUCE. Future
development that occurs pursuant to the proposed Project would be required to conform to all applicable regulations of the
Zoning Regulations, as updated, the LUCE and COSE, the Historic Preservation Ordinance, Historic Preservation Program
Guidelines, and Archaeological Resource Preservation Program Guidelines, which address historical and archaeological
resources. In addition, pursuant to State CEQA Guidelines Section 21080.3.1, the City will continue to conduct tribal
consultations on all projects are required by CEQA. Therefore, there would be no new impacts that have not been
previously examined or adequately addressed in LUCE EIR Section 4.5, Cultural Resources.
b) Based on the unique nature of the proposed Project, which does not by itself propose or authorize any development,
consultation with tribal representatives resulted in the following recommendation by a tribal representative: Request to
modify Zoning Regulations language specific to the S zone as follows (additional language is underlined): The S zone has
two purposes: A. In combination with any zone, to require approval of an administrative use permit before any use may be
established. The use permit requirement is intended to assure compatibility of the use with its surroundings or
conformance with the general plan, or to determine if a proposed development solves problems such as noise exposure,
flood hazard, airport hazard, or slope instability which are particularly severe on a given site. Such development review
may also be used to protect areas of scenic, or ecological sensitivity, historic resources, indigenous cultural resources,
Attachment 2
Packet Page 117
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 83
wildlife habitat, or wildland fire hazard”.
The tribal representative also requested expanded creek setbacks (from 20 to 50 feet) throughout the City, as these places
can contain cultural resources, and the change would help protect culturally important and sensitive places well before any
construction activity has begun. The City does not recommend expanding the creek setback to 50 feet in all locations of
the City, as this may present an infeasible limitation on development within the urban core of the City. In addition, the
City’s Archaeological Resource Preservation Program Guidelines defines areas within 200 feet of identified creeks as
sensitive, and thus requires a Phase I Archaeological Investigation including a records search and field survey. Therefore, it
is City Staff’s recommendation to retain the 20-foot setback where indicated in the Zoning Regulations and maintain
compliance with the City’s adopted Archaeological Resource Preservation Program Guidelines.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land use that
occur pursuant to the proposed Project would be required to conform to federal, State, and local guidelines and
requirements that address tribal cultural resources. Pursuant to CEQA, future new land uses that occur pursuant to the
proposed Zoning Regulations Update would be subject to their own environmental review and associated tribal
consultations on a project-by-project basis to assess potential impacts. In addition, the language identified by the tribal
representative has been incorporated into the proposed Zoning Regulations Update. Therefore, impacts would be less than
significant.
Conclusion. The proposed Project would make revisions, additions, corrections and clarifications to various sections of the
Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update would not allow new development in areas where such development is prohibited under the LUCE. The language
identified by the tribal representative regarding the S Overlay has been incorporated into the proposed Zoning Regulations
Update. In addition, future development would be subject to tribal consultation, when required by CEQA. Therefore, no
significant impacts to tribal cultural resources would occur as a result of the proposed Project.
18. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
1, 2, 3,
4, 6,
26, 27,
28, 35,
36, 37
X
b) Require or result in the construction or expansion of new water
or wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
1, 2, 3,
4, 6,
26, 27,
28, 35,
36, 37
X
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
1, 2, 3,
4, 6,
26, 27,
28, 35,
36, 37
X
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new and
expanded entitlements needed?
1, 2, 3,
4, 6,
36, 37
X
e) Result in a determination by the wastewater treatment provider
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 commitments?
1, 2,
36, 37 X
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs? 1, 2 X
Attachment 2
Packet Page 118
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 84
g) Comply with federal, state, and local statutes and regulations
related to solid waste? 1, 2 X
Evaluation
Water. As discussed in the City’s LUCE Update EIR, the City of San Luis Obispo Utilities Department provides potable and
recycled water to the community and is responsible for water supply, treatment, distribution, and resource planning. The City is
the sole water provider within the city limits and most of the City’s water is supplied from multiple surface water sources.
However, the City also uses groundwater to supplement surface water supplies and recycled water is used to supplement
irrigation demand. With the update of the City’s Water and Wastewater Element in 2018, the City Council reaffirmed the policy
for a multi‐source water supply. Consistent with the multi‐source water supply concept, the City obtains water from five
sources:
Salinas Reservoir (Santa Margarita Lake) and Whale Rock Reservoir: Combined Safe Annual Yield 4,910 AF/year
Nacimiento Reservoir: 5,482 AF/year dependable yield/ contractual limit
Recycled water from the City’s Water Resource Recovery Facility (WRRF): 238 AF/year
Wastewater: The wastewater system for the City includes facilities for wastewater collection and treatment. The City’s
collection system serves residential, commercial, and industrial customers. Sewer service is provided only to properties within
the city limits, with the exception of a few residential properties located just outside of the city limits, Cal Poly San Luis
Obispo, and the County of San Luis Obispo Airport. There are approximately 12,000 service connections.
The City’s Water Resource Recovery Facility (WRRF) processes wastewater in accordance with the standards set by the State’s
RWQCB. The WRRF removes solids, reduces the amount of nutrients, and eliminates bacteria in the treated wastewater, which
is then discharged to San Luis Obispo Creek. The WRRF is designed for an average dry weather flow capacity of 5.4 million
gallons per day (MGD) and a peak wet weather flow capacity of 19 MGD. In 2017, annual average flows to the WRRF were
approximately 3.30 MGD.
Solid Waste: The City’s Utilities Department is responsible for administering an exclusive franchise agreement with San Luis
Garbage Company to collect and dispose solid waste generated by residential, commercial, and industrial customers in San Luis
Obispo. This agreement also includes curbside recycling, and green waste service. There are three solid waste disposal facilities
within San Luis Obispo County. Most solid waste collected in the city is disposed of at the Cold Canyon Landfill. Cold Canyon
Landfill is currently (2016) permitted to receive up to 1,650 tons of solid waste per day, with an estimated remaining capacity
of 14,500,000 cubic yards (60.1 percent remaining capacity). In 2015, the Cold Canyon Landfill operator estimated the landfill
is expected to reach capacity in 2040.
a), e) LUCE EIR Conclusion
Potential future wastewater flows resulting from land use changes implemented under the LUE are shown on LUCE EIR
Section 4.16 Utilities and Service Systems, Table 4.16‐7 Proposed Land Use Element Development Wastewater
Generation. Buildout of the LUE would result in wastewater flows of approximately 0.97 MGD, which when added to
existing wastewater flows would result in LUE buildout wastewater flows of approximately 5.36 MGD. Future wastewater
flows that could result from the buildout of the proposed LUE would exceed the existing WRRF treatment capacity by
approximately 0.26 MGD.
The LUCE EIR concluded that “new development that could occur as a result of the LUCE Update would generate
wastewater flows that exceed the existing capacity of the City’s Water Resource Recovery Facility. This is a Class III, less
than significant impact” (LUCE EIR, Section 4.16 Utilities and Service Systems, Impact USS-2).
Proposed Zoning Regulations Update Analysis and Conclusions
In 2018, the City approved a proposed upgrade to the WRRF, including certification of an EIR for the Water Resource
Attachment 2
Packet Page 119
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 85
Recovery Facility Project. The WRRF project entails upgrading the City’s wastewater treatment facility to comply with
updated discharge requirements outlined in the National Pollutant Discharge Elimination System (NPDES) permit adopted
by the Regional Water Quality Control Board (RWQCB) and State Water Resources Control Board (SWRCB) in
September 2014. The NPDES permit went into effect December 1, 2014, and compliance is required by November 30,
2019. At the same time, the WRRF would be upgraded to provide a nominal increase in average dry weather flow (ADWF)
capacity to serve the needs of the City, as projected in the LUE.
In addition, the 2018 Water and Wastewater Element includes extensive policies and programs intended to minimize and
mitigate for potential impacts related to wastewater collection and treatment for buildout of the LUE. In compliance with
the 2018 Water and Wastewater Element, development identified by the LUE could not occur unless it was demonstrated
that adequate treatment capacity at the WRRF existed prior to approval of future development projects. Therefore,
implementation of the future development pursuant to the LUE would not result in new development and associated
increases in wastewater flows that would exceed the capacity of the WRRF. Future development projects pursuant to the
proposed Zoning Regulations Update would be required to demonstrate that adequate treatment capacity exists prior to the
approval of those projects. Implementation of the approved WRRF expansion and existing Water and Wastewater Element
policies would reduce potential wastewater treatment impacts resulting from implementation of the LUCE pursuant to the
proposed Zoning Regulations Update to a less than significant level.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the
proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots
would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively.
This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two
additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a
minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit.
This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3
zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the
analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling
density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4.
Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High
and High Density Residential, and Office land use designations to provide multi-family and other residential opportunities,
development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as
disclosed in the LUCE EIR, future development would be subject to performance and design standards established for
these residential and office zones, and potential build-out pursuant to the proposed Project remains subject to the one
percent growth limitation.
Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that
address wastewater collection and treatment, including those set forth in the City’s General Plan and state and federal water
quality regulations. Additionally, future development proposals would be reviewed on a case-by-case basis as they arise to
confirm available capacity at the WRRF, consistent with the General Plan. Therefore, the proposed Zoning Regulations
Update would not require or result in new wastewater facilities, and impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant wastewater impact
not examined or adequately addressed in the LUCE EIR (LUCE Section 4.16 Utilities and Service Systems).
b) LUCE EIR Conclusion
As documented in LUCE EIR Section 4.16 Utilities and Service Systems, parts of the city’s water distribution and
wastewater collection systems are approaching or are past their estimated lifespan. In addition, new development proposed
by the LUE could require the installation of new or upgraded water transmission and distribution mains, and the installation
Attachment 2
Packet Page 120
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 86
of new water tanks. The City’s Water Master Plan identifies needed improvements to the water distribution system,
including water tanks that are undersized. Wastewater collection to serve new development may also require the
installation of new or upgraded gravity sewer lines, force mains and pump stations. The Infrastructure Renewal Strategy
identifies capacity issues for the wastewater collection system and a prioritized list of replacements. Environmental impacts
that may result from the construction of new or upgraded infrastructure pipelines, water tanks, lift stations and other
facilities generally include the potential for short‐term impacts such as construction‐related increases in noise and air
emissions, temporary roadway lane closures and other circulation‐related impacts, water quality impacts from increased
erosion or an accidental release of construction materials. Impacts to sensitive biologic or cultural resources may also result
if resources are present within or adjacent to proposed construction corridors. The construction of above‐ground facilities,
such as water tanks, may have the potential to result in long‐term aesthetic impacts.
Short‐term construction impacts that may be result from infrastructure improvement projects are usually minimized by
standard construction site and operation measures such as: designing projects to avoid or minimize construction activities
in or adjacent to sensitive areas; implementing appropriate resource protection/restoration measures; implementing
standard safety precautions; conducting construction activities in a manner that minimizes equipment use and other
construction activities within and adjacent to construction corridors; and compliance with applicable regulatory
requirements and City policies. For example, LUE Policy 12.9 Environmental Review requires project-specific reviews to
identify potential on‐ and off‐site environmental impacts that may result from future infrastructure improvements.
The LUCE EIR concluded that “new development that could be facilitated by the LUCE Update would require the
construction of new water and wastewater infrastructure or the replacement of existing infrastructure. The construction or
replacement of infrastructure has the potential to result in significant environmental effects. This is a Class III, less than
significant impact” (LUCE EIR Section 4.16 Utilities and Service Systems, Impact USS-3).
Proposed Zoning Regulations Update Analysis and Conclusions
With adherence to existing policy and development review requirements, potential infrastructure construction impacts
associated with the proposed Zoning Regulations Update would be less than significant. Implementation of the LUCE
pursuant to the proposed Zoning Regulations would reduce potential infrastructure construction impacts to a less than
significant level. Subsequent development projects would be required to demonstrate compliance with the applicable
policies and regulatory requirements, and if required, may be subject to the implementation of additional mitigation
measures.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the
proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots
would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively.
This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two
additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a
minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit.
This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3
zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the
analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling
density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4.
Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High
and High Density Residential, and Office land use designations to provide multi-family and other residential opportunities,
development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as
disclosed in the LUCE EIR, future development would be subject to performance and design standards established for
these residential and office zones, and potential build-out pursuant to the proposed Project remains subject to the one
percent growth limitation.
Attachment 2
Packet Page 121
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 87
Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that
address water and wastewater infrastructure. Additionally, future development proposals would be reviewed on a case-by-
case basis as they arise to confirm sufficient infrastructure. Therefore, the proposed Zoning Regulations Update would not
require or result in new or expanded water or wastewater infrastructure, and impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant infrastructure
impact not examined or adequately addressed in LUCE EIR Section 4.16 Utilities and Service Systems.
c) LUCE EIR Conclusion and Proposed Zoning Regulations Update Analysis and Conclusion
As documented in the LUCE EIR, development pursuant to the LUCE could cause an increase in the amount of impervious
surfaces within the city which may increase the volume of surface runoff into City stormwater systems. Future
development and redevelopment projects within the City are required to comply with the Central Coast Regional Water
Quality Control Board Post Construction Requirements. As discussed in more detail in Initial Study Section 9 Hydrology
and Water Quality, based on compliance with the terms of the City’s SWMP, impacts would be less than significant.
Similar to the construction of water and wastewater infrastructure (see discussion in Section 4.16 Utilities and Service
Systems, section b), potential short-term construction impacts can be minimized to less than significant.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations that address drainage and
stormwater infrastructure. Additionally, future development proposals would be reviewed on a case-by-case basis as they
arise to confirm sufficient infrastructure. Therefore, the proposed Zoning Regulations Update would not require or result in
new or expanded drainage or stormwater infrastructure, and impacts would be less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant infrastructure
impact not examined or adequately addressed in LUCE EIR Section 4.16 Utilities and Service Systems and LUCE EIR
Section 4.9 Hydrology and Water Quality.
d) LUCE EIR Conclusion
The LUCE EIR states that buildout of the proposed LUE could result in approximately 4,904 additional residential units in
the City, potentially resulting in approximately 25,601 dwelling units located in the City by 2035. Using a dwelling unit
occupancy rate of 2.29 persons per dwelling unit, buildout of the LUE could support a General Plan buildout population of
approximately 58,626. As documented in the LUCE EIR, the primary water supply required for estimated buildout demand
resulting from the LUE would be 7,815 AF/year (LUCE EIR Section 4.16 Utilities and Service Systems). LUCE EIR
Section 4.16 Utilities and Service Systems, Table 4.16‐5 Proposed Land Use Element Buildout Water Supply summarizes
water supply and demand conditions associated with the buildout of the LUCE. Future water supply estimates have been
updated based on the recent adoption of the 2018 Water and Wastewater General Plan Element. As noted above, the City
obtains water from five sources, totaling 10,630 AF/year, which is greater than the identified demand for build-out. The
LUCE EIR concluded that “new development that could occur as a result of the proposed LUCE Update would increase
existing water demand. This is a Class III, less than significant impact” (LUCE EIR, Section 4.16 Utilities and Service
Systems, Impact USS-1).
Proposed Zoning Regulations Update Analysis and Conclusions
Adherence to the existing City’s Water and Wastewater Element and the 2010 Urban Water Management Plan will ensure
Attachment 2
Packet Page 122
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 88
that impacts related to water demand for new development construction and operated pursuant to the proposed Zoning
Regulations Update would remain less than significant. Individual development will be required to undergo separate
environmental review, which may include preparation of a Water Supply Assessment and other impact analysis, which may
result in requirements for project specific mitigation.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Implementation of the
proposed amendments to the Zoning Regulations to allow a minimum number of dwelling units on multi-family zoned lots
would result in an average increase in density of 0.53, 0.84, and 1.22 density units on R-2, R-3, and R-4 lots, respectively.
This may reasonably translate into: one additional bedroom on R-2 lots; one additional bedroom on R-3 lots, and two
additional bedrooms on R-4 lots. Implementation of the proposed amendment to the Zoning Regulations to allow a
minimum number of dwelling units on office zoned lots would result in an average increase in density of 0.49 density unit.
This may reasonably translate into one additional bedroom on O lots. The proposed changes to allowable density in the R-3
zone and proposed minimum dwelling unit standards in the R-2, R-3, R-4, and O zones would be consistent with the
analysis and conclusions of the LUCE EIR, because: these changes are consistent with adopted LUCE maximum dwelling
density for the Medium-High Density Residential land use designation (20 units per acre, as shown in LUE Table 4.
Residential Population Assumptions), the changes would be consistent with the intention of the Medium, Medium-High
and High Density Residential, and Office land use designations to provide multi-family and other residential opportunities,
development of housing projects pursuant to the proposed regulations would result in similar impacts and conclusions as
disclosed in the LUCE EIR, future development would be subject to performance, design, landscaping, and water
conservation standards established for these residential and office zones, and potential build-out pursuant to the proposed
Project remains subject to the one percent growth limitation.
Future land uses that occur pursuant to the proposed Project would be required to conform to all applicable regulations that
address water use and water conservation, including those set forth in the City’s General Plan, CBC, and CALGreen, and
drought-related water conservation laws. Additionally, future development proposals would be reviewed on a case-by-case
basis as they arise to confirm available water supply and sufficient infrastructure. Therefore, the proposed Zoning
Regulations Update would not require or result in new or expanded water entitlements, and impacts would be less than
significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant water supply impact
not examined or adequately addressed in LUCE Section 4.16 Utilities and Service Systems.
f), g) The Integrated Waste Management Act of 1989 (AB 939) requires each city and county in California to reduce the flow of
materials to landfills by 50% (from 1989 levels) by 2000. The proposed project is required to reduce the waste stream
generated by development consistent with the City’s Conservation and Open Space Element policies to coordinate waste
reduction and recycling efforts (COSE 5.5.3), and Development Standards for Solid Waste Services (available at
http://www.slocity.org/home/showdocument?id=4384). A solid waste reduction plan for recycling discarded construction
materials is a submittal requirement with the building permit application.
LUCE EIR Conclusion
The LUCE EIR determined that potentially significant solid waste disposal impacts that could result from inadequate
disposal capacity would be minimized by LUE Policy 1.13.10 Solid Waste Capacity, which requires that adequate solid
waste disposal capacity be available to serve new development. The policy states: “In addition to other requirements for
adequate resources and services prior to development, the City must shall determine require that adequate solid waste
disposal capacity will be available exists before granting any discretionary land use approval which would increase solid
waste generation. San Luis Obispo City and County are focusing on waste diversion and recycling efforts to minimize
future waste disposal impacts. For example, new development projects are required to minimize short‐term waste disposal
Attachment 2
Packet Page 123
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 89
impacts by recycling construction and demolition waste. Long‐term waste disposal impacts are minimized by including
facilities for the collection and storage of recyclables in new development projects. These efforts will enhance the ability of
the City to achieve a 75 percent diversion rate by the year 2020 and to ultimately be as close to zero waste as possible”.
The LUCE EIR concludes that “new development that could be facilitated by the LUCE Update would increase the
demand for solid waste disposal at county landfills. Potential new development would also comply with applicable
regulations related to the management of solid waste. As such, solid waste disposal impacts of the LUCE Update are Class
III, less than significant impact” (LUCE EIR Section 4.16, Utilities and Service Systems Impact USS-4).
Proposed Zoning Regulations Update Analysis and Conclusions
With adherence to the policy requirements identified above, potential solid waste disposal impacts would be less than
significant and new development facilitated by the proposed Zoning Regulations Update would not interfere with the
City’s ability to comply with regulations related to solid waste management or increased solid waste diversion rates.
Therefore, compliance with the LUE would reduce potential solid waste disposal and diversion impacts to a less than
significant level. Subsequent development projects would be required to demonstrate compliance with the applicable
policies and regulatory requirements, and if required, may be subject to the implementation of additional mitigation
measures.
The proposed Zoning Regulations Update, by itself, does not propose or authorize any development. Future land uses that
occur pursuant to the proposed Project would be required to conform to all applicable regulations that address waste
storage and disposal, including those set forth in the City’s General Plan. Therefore, the development that would occur
under the proposed Zoning Regulations Update would be served by landfills with adequate capacity, and impacts would be
less than significant.
Conclusion. The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to
various sections of the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The
proposed Zoning Regulations Update would not allow new development in areas where such development is prohibited
under the LUCE. Therefore, the proposed Zoning Regulations Update would not result in a significant waste impact not
examined or adequately addressed in LUCE EIR Section 4.16 Utilities and Service Systems.
19. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the
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?
X
The proposed Zoning Regulations Update would make revisions, additions, corrections and clarifications to various sections of
the Zoning Regulations to ensure consistency and successful implementation of the LUCE. The proposed Zoning Regulations
Update does not authorize any development. Therefore, its adoption would not significantly degrade the quality of the
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. Therefore,
as discussed in Section 4 (Biological Resources) of this Initial Study, no new significant impacts beyond what is identified in
the LUCE EIR would occur.
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively considerable"
X
Attachment 2
Packet Page 124
Sources Potentially
Significant
Impact,
greater than
identified
in the
LUCE EIR
Significant
Impact
Adequately
Addressed
in the LUCE
EIR
Less Than
Significant
Impact,
consistent
with the
LUCE EIR
No Impact,
consistent
with the
LUCE EIR
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 90
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 future projects)?
The proposed project involves the adoption of the City’s Zoning Regulations Update, which guides future development. No
specific development projects would occur as a result of the proposed Zoning Regulations Update and therefore, the project, in
itself, would not result in cumulative impacts. Furthermore, cumulative impacts associated with future development have been
evaluated at a program level in the LUCE EIR. Since the proposed Zoning Regulations Update would not allow new
development in areas where such development is prohibited under the LUCE, adopting the proposed Zoning Regulations
Update would not create new cumulative impacts or increase the significance of cumulative impacts identified in the LUCE
EIR.
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
X
As identified throughout the analysis herein, the proposed Zoning Regulations Update would not have an environmental effect
that would cause substantial adverse effects on human beings either directly or indirectly. Impacts would be less than
significant.
Attachment 2
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 91
20. 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.
On September 16, 2014, the City Council certified the Land Use and Circulation Element (LUCE) Final Program
Environmental Impact Report (EIR) (State Clearinghouse Number 2013121019) and adopted findings and a statement of
overriding considerations pursuant to the California Environmental Quality Act (CEQA).
The LUCE EIR is available for view online: http://www.slocity.org/government/department-directory/community-
development/planning-zoning/general-plan
The final Resolution, CEQA Findings, and Statement of Overriding Considerations is available for view online:
http://opengov.slocity.org/weblink/1/doc/26033/Page1.aspx
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.
Refer to analysis in this Initial Study.
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 additional mitigation measures are required.
21. SOURCE REFERENCES.
1. Land Use and Circulation Element (LUCE) Final Program Environmental Impact Report (EIR) (State
Clearinghouse Number 2013121019) and adopted findings and a statement of overriding considerations pursuant
to the California Environmental Quality Act (CEQA) and associated Background Report
2. City of San Luis Obispo Land Use Element, 2014
3. City of San Luis Obispo Circulation Element, 2014
4. City of San Luis Obispo Conservation & Open Space Element, 2006.
5. City of San Luis Obispo Community Design Guidelines, 2010
6. City of San Luis Obispo Municipal Code
7. Clean Air Plan for San Luis Obispo County, Air Pollution Control District, 2001
8. CEQA Air Quality Handbook, Air Pollution Control District, April 2012
9. Historic Preservation Ordinance, 2010
10. Historic Preservation Ordinance Guidelines, 2010
11. Historic Context Statement, 2014
12. Archaeological Resource Preservation Program Guidelines, 2009
13. City of San Luis Obispo General Plan Safety Element, 2000.
14. California Building Code
15. City of San Luis Obispo General Plan Water and Wastewater Element, 2018
16. Sanitary Sewer Flow Monitoring and Inflow/Infiltration Study, 2012
17. Wastewater Collection System Infrastructure Renewal Strategy, 2016
18. City of San Luis Obispo Climate Action Plan, 2012
19. APCD Greenhouse Gas Thresholds and Supporting Evidence, 2012
20. White Paper: Implementing the Climate Action Plan in the Zoning Regulations, City of San Luis Obispo, 2018
21. State of California Emergency Plan, 2017
22. San Luis Obispo County/Cities Nuclear Power Plant Emergency Response Plan, 2014
Attachment 2
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CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 92
23. San Luis Obispo County Airport Land Use Plan, 2005
24. California Airport Land Use Planning Handbook, 2011
25. Uniform Fire Code
26. Stormwater Management Plan
27. Waterway Management Plan, City and County of San Luis Obispo, 2003
28. Drainage Design Manual, 2003
29. Final Environmental Assessment / Environmental Impact Report, San Luis Obispo County Regional Airport
Master Plan Update, San Luis Obispo, California, U.S. Department of Transportation, Federal Aviation
Administration, County of San Luis Obispo, 2006
30. City of San Luis Obispo Noise Element, 1996
31. City of San Luis Obispo Noise Guidebook
32. City of San Luis Obispo General Plan Annual Report 2018
33. City of San Luis Obispo Housing Element, 2015
34. San Luis Obispo Parks and Recreation Element and Master Plan, 2001
35. City Engineering Standards
36. City of San Luis Obispo Water and Wastewater Element, 2018
37. Water Resource Recovery Facility Project, Final Environmental Impact Report, 2016
38. Clarification Memorandum for the San Luis Obispo County Air Pollution Control District’s 2012 CEQA Air
Quality Handbook, Air Pollution Control District, November 14, 2017
Attachment 2
Packet Page 127