HomeMy WebLinkAboutItem #3 - PL-ANNX-1166-2015 (Fiero/Clarion Annexation)Meeting Date: September 25, 2019
Item Number: 2
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of the proposed annexation of approximately 39 acres of property along Fiero Lane
and Clarion Court; this action includes consideration of an Initial Study/Mitigated Negative Declaration
tiered from the Final Program Environmental Impact Report for the Airport Area and Margarita Area
Specific Plans and Related Facilities Master Plans (SCH#2000051062).
PROJECT ADDRESS: 850 Fiero (primary) BY: David Watson, Contract Planner
Phone Number: (805) 704-8728
E-mail: dave@watsonplanning.us
Shawna Scott, Senior Planner
Phone Number: (805) 781-7176
E-mail: sscott@slocity.org
FILE NUMBER: PL-ANNX-1166-2015 FROM: Tyler Corey, Principal Planner
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) recommending approval of the
proposed annexation and adoption of the Initial Study / Mitigated Negative Declaration, subject to
findings and conditions.
SITE DATA
Applicant Fiero Lane Water Company
Representative Rob Miller, Wallace Group
General Plan Business Park, Services and
Manufacturing
Airport Area
Specific Plan
Pre‐zoning
Business Park, Manufacturing,
Service Commercial
Site Area 38.97 acres
Environmental
Status
Initial Study/Mitigated Negative
Declaration tiered from the Final
Program Environmental Impact
Report for the Airport Area and
Margarita Area Specific Plans and
Related Facilities Master Plans
(SCH#2000051062)
3
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1.0 BACKGROUND
Site Information/Setting
The proposed Fiero Lane-Clarion Court annexation area includes 30 parcels and 38.97 acres of land
located within the Airport Area Specific Plan (AASP) boundary, on the west side of Broad Street, east
of Santa Fe Road (Attachment 2, Annexation Map; Attachment 3, Detail Map and Legal Description;
Figure 1. Fiero Lane-Clarion Court Proposed Annexation Area). The Fiero Lane-Clarion Court area is
located within the adopted Local Agency Formation Commission (LAFCO) Urban Service Area for the
City. The area is developed with a mix of industrial, manufacturing, commercial, and office uses, with
an estimated 500,124 square feet of total building area.
Figure 1. Fiero Lane-Clarion Court Proposed Annexation Area
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The Fiero Lane-Clarion Court area has long been identified as an annexation area. The City’s General
Plan1 and AASP2 (and associated Environmental Impact Reports and analyses) have included this area
when considering potential future growth and associated demands for public infrastructure and
transportation improvements. At the present time the Fiero Lane-Clarion Court annexation area is
receiving City water service under an Outside Users Agreement approved by the City Council in 2015,
largely in anticipation of having the parties work with City staff on the details of a future annexation. A
Memorandum of Agreement (MOA) to this effect was approved in 2015, and amended in early 2019, to
extend the opportunity to bring the final annexation forward for City and LAFCO consideration. Both
the 2015 and 2019 MOAs are included with Attachment 4 for reference. The 2015 Plan For Services
adopted for this MOA is included for reference as Attachment 5. This annexation area has historically
received water and wastewater services via the Fiero Lane Water Company (FLWC). FLWC previously
provided well water to the annexation area prior to converting to City water services under the MOA
and Outside Users Agreement.
Summary of Previous Action by the City and LAFCO
In December 2015, the City Council approved Resolution No. 10678 to adopt a Memorandum of
Agreement (2015 MOA) and associated Addendum to the Airport Area and Margarita Area Specific
Plan Final EIR (Attachment 4) that established a mutual understanding between the City and the FLWC3
to pursue a series of steps to ultimately annex these properties into the City. Part of this understanding
included agreement for the City to provide interim water and wastewater services to the properties
pending completion of the annexation process4. Adoption of the 2015 MOA was the culmination of
extensive negotiations between the City and property owners over the manner in which annexation of
this area could occur. Adoption of the 2015 MOA set the City on a course of pursuing annexation and
established a mutual understanding of how the City would be reimbursed for costs incurred while
processing the annexation, identification of what infrastructure would be granted to the City upon
annexation, an analysis of the conditions of said infrastructure and various improvements to be
completed to upgrade this infrastructure to City standards5. Subsequent actions by LAFCO included:
approval of an Outside User’s Agreement between FLWC and the City to allow for the provision of City
water and wastewater services on April 21, 2016, and approval of a two-year extension of the Outside
User’s Agreement on April 6, 2017.
During this time, FLWC and City explored financing options for paying fees and completing needed
infrastructure associated with the pending annexation. This process led to several 2018 actions to
implement a City-County Statewide Community Infrastructure Program (SCIP)6, a funding option for
the Fiero Lane-Clarion Court property owners. Resolutions authorizing the SCIP program were adopted
1 Land Use Element Policy 1.13.5 Annexation in Airport Area; Policy 7.7 City Annexation and Services; Policy 7.14
Growth Management (see: http://www.slocity.org/home/showdocument?id=6635)
2 AASP Chapter 9.1 (see: http://www.slocity.org/home/showdocument?id=4294)
3 Representing the property owners within the proposed annexation boundary.
4 Codified in City Municipal Code §13.16.020.E. Water and Sewer Service for Private Use Outside City Limits,
Exceptions. Provision of interim water and/or sewer service to the Fiero Lane and Clarion Court annexation area, as set
forth in the memorandum of agreement between the city of San Luis Obispo and Fiero Lane Water Company and adopted
by city council Resolution No. 10678 (2015 Series). (Ord. 1627 § 2, 2015; Ord. 951 § 2, 1983)
5 Refer to Council Agenda Report dated December 1, 2015 for additional background information:
http://opengov.slocity.org/weblink/1/doc/53305/Page1.aspx
6 For general information about SCIP, see here: http://cscda.org/Infrastructure-Finance-Programs/Statewide-Community-
Infrastructure-Program-(SCIP)
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by the San Luis Obispo County Board of Supervisors (September 18, 2018) and City Council (November
13, 2018). Under the SCIP program, similar to assessment district financing, an engineer’s report will
be prepared that will outline the costs of the needed improvements and City fees and allocate those costs
to individual property owners. At that point the property owner may elect to pay their fair share of these
costs or can take advantage of the SCIP process to issue bonds, and essentially finance their share of
improvements.
On March 19, 2018, the City Council approved the following actions: 1) a one-year extension to the
2015 MOA to extend interim water and wastewater services pending annexation of the Fiero Lane-
Clarion Court area to the City; 2) First Amendment to the 2015 MOA, which included minor changes to
the 2015 MOA to facilitate the extension, update schedule tasks, and clarify payment of water and
wastewater impact fees; and 3) authorized the Community Development and Utilities Directors to adjust
the MOA schedule to allow for financing and planning for infrastructure. Following Council action,
LAFCO approved a one-year extension of the Outside User’s Agreement (set to expire March 2020).
Annexation Description
The applicant is proposing annexation that will result in the continuance of existing uses and future
development patterns that reflect manufacturing, business park, offices and construction services. As
summarized above, the Fiero Lane-Clarion Court annexation area is receiving City water service. Fiero
Lane Water Company provides wastewater service to this area (as well as the nearby East Airport
Commerce Park (EACP) – east of Broad Street between Farmhouse Lane, Kendall Road and Prospect
Street) via a small private treatment plant within the service area. Upon annexation of the Fiero Lane-
Clarion Court area to the City, water and wastewater services would be converted to connect to City
utility systems. In the case of the FLWC wastewater treatment plant serving the EACP, this plant would
need to be moved to the EACP area to continue to provide service to the EACP pending their annexation
to the City. An application to annex the EACP area is underway at this time, and it is hoped that the
EACP annexation and conversion to City services can be completed concurrently, eliminating the need
to relocate the private treatment plant. The FLWC annexation has been planned to cover either
circumstance (relocation and continued private treatment for EACP – or concurrent conversion to City
treatment system) depending on the ultimate timing of the EACP annexation. Additionally, recycled
water supply will also become available to the FLWC area following annexation.
Public Facility Financing and Development Impact Fees
As detailed in the Memorandums of Agreement (Attachment 4) and as noted in the “Plan For Services”
for the annexation area (Attachment 5), annexation of the subject properties will trigger the need for
various capital investments in the existing private systems that will be made public under the terms of
the annexation. To complete these improvements, a financing mechanism has been proposed by the
property owners/applicants that will allow capital improvements to be engineered, constructed and paid
for through the SCIP. This financing program will allow plans to be developed, bids to be secured, and
then property owners will have the option of paying their fair share of construction costs upfront or elect
to finance the improvements in an approach very similar to assessment district financing. This financing
program has been supported by Council actions on the Fiero planning effort and are appropriate for this
use. The SCIP program also allows development impact fee contributions negotiated in the MOAs to
be paid or financed in this fashion.
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Water Demands and Wastewater Generation from the Proposed Annexation
Because of the partially developed nature of the annexation area, information is readily available to use
in identifying current demands and can be used to project buildout demands for each service to ensure
City resources are readily available to support the annexation areas. Current and projected water and
wastewater needs are summarized in Table 1 (Annexation Area Water Demand and Wastewater
Generation).
Table 1. Annexation Area Water Demand and Wastewater Generation
Acres Building
Area (1) (2)
Water
Demand (1)
Wastewater
Generated (1)
2018 Water
Availability (3)(4)
Wastewater
Capacity (3)
Developed Parcels 36.47 ac 500,124 SF 19.00 AFY 15,000 gpd
Undeveloped Parcels 2.50 ac 50,000 SF 1.90 AFY 1,500 gpd
Totals 38.97 ac 550,124 SF 20.90 AFY 16,500 gpd 10,130 AF 5.4 mgd
Notes:
(1) 2015 Fiero Lane Annexation – EIR Addendum to Airport Area and Margarita Area Specific Plans
(2) Potential building area, and water/wastewater estimates, increased by approximately 10% to account for remaining potential development
(3) 2018 Water Resources Status Report7
(4) Water and Wastewater Element8 / mgd = million gallons per day
As discussed below, and in more detail in the Plan For Services and Initial Study/MND, the City has
readily available resources to provide water and wastewater services to the annexation area.
2.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to make a recommendation to the City Council regarding the proposed
annexation and adoption of the associated Initial Study/Mitigated Negative Declaration.
3.0 DISCUSSION AND EVALUATION
General Plan Policy Consistency
The 2014 General Plan Land Use Element (LUE) established a number of community goals, policies
and programs for annexation and development that relate to the proposed annexation area (refer to
additional discussion below), including:
Airport Land Use Plan Consistency
Annexations and Growth Management
Airport Area Specific Plan Consistency
Financing of Fair-Share Infrastructure and Development Impacts
Airport Land Use Plan Consistency. General Plan Chapter 7, Policy 7.7 provides that the subject
annexation areas shall be actively pursued by the City provided the annexations are consistent with the
Airport Area Specific Plan and LUE Policy 1.13.5 (Annexation in Airport Area). The proposed
annexation is consistent with the standards for land uses, infrastructure and fair-share cost contributions
7 2018 Water Resources Status Report available online: https://www.slocity.org/Home/ShowDocument?id=22442
8 Water & Wastewater Element (May 15, 2018), available online: https://www.slocity.org/home/showdocument?id=19965
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of the AASP. The AASP has been determined to be consistent with the County’s Airport Land Use Plan
(ALUP), and the uses that exist within the annexation areas were approved by the County under findings
of consistency with the ALUP. As proposed, the annexations would result in a continuation of the
previously-permitted uses and any future uses would be subject to AASP standards, the City’s Zoning
Regulations, and Community Design Guidelines.
Annexations and Growth Management. Noted LUE Policies include:
1.13.3. Annexation Purpose and Timing
The City may use annexation as a growth management tool, both to enable appropriate urban
development and to protect open space. Areas within the urban reserve line which are to be
developed with urban uses should be annexed before urban development occurs. The City may
annex an area long before such development is to occur, and the City may annex areas which
are to remain permanently as open space. An area may be annexed in phases, consistent with
the city-approved specific plan or development plan for the area. Phasing of annexation and
development will reflect topography, needed capital facilities and funding, open space
objectives, and existing and proposed land uses and roads.
1.13.5. Annexation in Airport Area
Properties in the Airport Area Specific Plan may only be annexed if they meet the following
criteria:
A. The property is contiguous to the existing city limits; and
B. The property is within the existing urban reserve line; and
C. The property is located near to existing infrastructure; and
D. Existing infrastructure capacity is available to serve the proposed development; and
E. A development plan for the property belonging to the applicant(s) accompanies the
application for annexation; and
F. The applicant(s) agree to contribute to the cost of preparing the specific plan and
constructing area-wide infrastructure improvements according to a cost -sharing plan
maintained by the City.
Following the adoption of the City’s 2014 Airport Area Specific Plan, as noted earlier, planning for the
Fiero lane annexation commenced. Since that time additional planning for the East Airport Commerce
Park annexation is underway. This simultaneous planning process results in a greater degree of
coordination in bringing these annexation areas, which currently share independent private infrastructure
in the County, into the City. In this case, the FLWC annexation area satisfies all the prerequisites under
GP LUE Policy 1.13.5 and is recommended for annexation.
Airport Area Specific Plan Consistency. First adopted by the City Council in 2005, the Airport Area
Specific Plan (AASP) included a series of goals, policies and programs to comprehensively guide
development of the Planning Area. Additional guidelines and development standards are included in the
AASP, as well as infrastructure requirements and a plan for implementation of the Plan. In 2014 the
AASP was updated to reflect current planning standards for the area, consistent with the General Plan.
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Overall goals of the AASP include:
Provide a framework to move from County developments primarily focused on heavier industrial
and manufacturing uses to a blend of these established uses, both inside and outside the City,
with new uses focused on lighter industrial and manufacturing uses, professional and business
park developments and employment centers.
Plan for proposed development, including annexations within the Planning Area, so that public
facilities are developed concurrently with new development in a rational and cost-effective
fashion.
Protect and enhance natural resources within the AASP, including emphasis on maintaining
visual qualities of the surrounding hills and open space areas and protection of creek corridors,
wetlands and habitat qualities.
The uses that exist in the annexation areas are consistent with the uses anticipated by the City’s AASP.
As described herein and in the referenced attachments the financial and infrastructure planning needed
to bring these properties into the City have been completed. In and of itself the annexation of the subject
properties will not change the built environment of the area. Any expansion or modification of existing
uses will be subject to City development standards. Future planning and development would be managed
under the AASP standards and would result in consistency as new projects are brought forward.
Financing of Fair-Share Infrastructure and Development Impacts. General Plan Policies discussed
previously focus on new development paying its fair share. The proposed annexation will be responsible
under the adopted Memorandum of Agreement for financing infrastructure and paying negotiated
development impact fees and contributions to assist in addressing cumulative project impacts, such as
traffic, pedestrian and bicycle paths. These contributions, whether paid up front or financed under the
SCIP approach will ensure adequate contributions are received from the annexation areas.
Plan For Services
The proposed annexation area has been analyzed to identify their impact on overall City services. To
document this analysis and the recommendations derived from that analysis, a Plan For Services (PFS)
has been developed and adopted in 2015 for the FLWC annexation area. The 2015 PFS is included as
Attachment 5. A summary of that document is included below.
Current Conditions – Fiero Lane-Clarion Court Annexation Area. Fiero Lane and Clarion Court
provide vehicular access to the area. These roads do not intersect; each is a cul-de-sac dead end. Fiero
Lane access comes from Broad Street and Clarion Court is accessed via Santa Fe Road. At this time the
Santa Fe Bridge facility is not intended to be annexed. No improvements to the bridge are identified
with this action. Domestic water is delivered by the City via the water distribution system from Broad
Street along Aero Vista Lane to the water holding tank near the center of the annexation area. Water is
distributed from the tank via pressurized water lines installed with the original developments of the area.
Wastewater is collected by both gravity and force main/lift stations and conveyed to a private treatment
plant operated by the Fiero Lane Water Company at the end of Fiero Lane. Treated wastewater is
disposed of in a leach field system to the immediate south (and outside) the annexation area.
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Emergency services are provided by the County, but these areas are also supported by the City under
mutual aid agreements between the City and County. General government services are provided by the
County. Storm water management, collection and disposal is handled by the private property owners
under County-approved plans. Solid waste services are provided by the County via private contract with
local waste and recycling providers.
Post-Annexation Conditions – Fiero Lane-Clarion Court Annexation Area. Roadway rehabilitation
and upgrades are planned to bring the roads, walkways and street signage up to City standards.
Following annexation, the roads, curbs, gutters and sidewalks will be maintained by the City under the
Pavement Management Plan.
Water system upgrades for the annexation area will include some main line and hydrant replacements,
water meter replacements, valving and backflow prevention will be installed. The current interim water
service will become permanent under the annexation proposal.
Conversion of the Fiero Lane-Clarion Court area to the City’s wastewater system will occur following
City installation of a gravity collection line along Fiero Lane that will serve to collect wastewater from
the location of the existing Fiero Lane Water Company wastewater plant (at the end of Fiero Lane cul-
de-sac). This new City line would convey wastewater by gravity to an existing wastewater main line in
Broad Street, and from there is conveyed to the City’s Water Resource Recovery Facility (WRRF). Until
such time as this conversion occurs, the private FLWC treatment plant and disposal system will continue
to operate as currently constituted.
Much of the existing collection system within the annexation area along Clarion Court will remain a
private collection and conveyance system, ultimately sending wastewater to the City’s new gravity main
at Fiero Lane noted above. A new lift station in the vicinity of the FLWC wastewater plant is also
planned. Following the connections of the various properties in the Fiero Lane-Clarion Court
Annexation Area, the wastewater plant will be decommissioned at this location. (It is possible this plant
would be moved to the East Airport Annexation Area to serve those users as noted earlier and briefly
summarized below).
Preferred Wastewater Alternative: The FLWC wastewater system will be converted to
interconnect with a gravity collection line in Broad Street, and from there is conveyed to the
City’s WRRF. The force main and lift station currently serving the area would be abandoned.
The timing of this work is contingent on the decommissioning of the FLWC wastewater plant
following the connections of the various properties in the Fiero Lane-Clarion Court Annexation
Area.
Interim Wastewater Alternative: If annexation of the East Airport Area is delayed, or
improvements are not completed at the time of the FLWC wastewater plant decommissioning, it
is possible this treatment plant would be moved to the East Airport Annexation Area to serve
those users on an interim basis. In such a case treated wastewater could be conveyed via the lift
station and force main on the East Airport area to the existing disposal field currently serving the
FLWC plant, west of Broad Street.
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Recycled water supplies are also included in the Plan For Services, with extensions made by the
applicants within the annexation area, to facilitate connection to this supply when it can be made
available.
Police and Fire emergency services would be provided by the City. It is expected the mutual aid
agreements would remain between the City and County. General government services would be
assumed by the City. Storm water management and solid waste services would continue as presently
exist.
Conclusion
Based on the above evaluation, the proposed annexation would be consistent with the stated goals of the
City’s General Plan, AASP, and long-term interest in bringing this area into the City. The planned public
and private infrastructure improvements are consistent with the AASP. Timing of improvements and
financial contributions by the applicants/property owners are adequate to address a coordinated transition
of the land from County control to the City.
4.0 ENVIRONMENTAL REVIEW
Analysis of the proposed annexation has been guided by previous work in the form of the Airport Area
and Margarita Area Specific Plans Final EIR (2005), FEIR Addendum for the Airport Area and
Margarita Area Specific Plans (2015), and the City of SLO General Plan Land Use and Circulation
Elements (LUCE) FEIR (2014).
An Initial Study of environmental impact was prepared to document whether there have been changed
circumstances since the referenced EIRs were completed, to analyze consistency of the annexations with
the General Plan and Airport Area Specific Plan (AASP), and to identify any potentially necessary
mitigation measures that should be applied to the annexation process, as well as the completion of needed
infrastructure (new or rehabilitation) to support City services to the areas.
In the case of the Fiero Lane-Clarion Court annexation, the 2015 and 2019 MOAs, as well as the 2015
Plan For Services, were relied on to identify the needed infrastructure that is incorporated into the Project
Description for the annexation. The conclusion of the Initial Study completed for the proposed
annexation is that by incorporating the needed infrastructure features of the MOA and Plan For Services,
in addition to and as a direct result of the analysis of the noted EIRs, and implementation of mitigation
measures identified in the Initial Study, any significant effects of the annexation and provision of
infrastructure services to the area would result in a less than significant effect on the environment.
Therefore, an Initial Study / Mitigated Negative Declaration is recommended for adoption in association
with the proposed Fiero Lane-Clarion Court annexation (Attachment 6).
5.0 OTHER DEPARTMENT COMMENTS
All City Departments have reviewed the project and have provided comments that are incorporated into
the staff report and referenced attachments.
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6.0 ALTERNATIVES
6.1 Continue the item. An action to continue the item should include a detailed list of additional
information or analysis needed to make a recommendation to the City Council on the project.
6.2 Deny the proposed annexation based on findings of inconsistency with the AASP and/or
General Plan. This action is not recommended because the analysis indicates the project is
consistent with the General Plan and AASP and the Outside Users Agreement is set to expire
in March 2020.
6.0 ATTACHMENTS
1. Draft Planning Commission Resolution
2. Annexation Map
3. Detail Map and Legal Description
4. 2015 & 2019 Fiero Lane-Clarion Court Memoranda of Agreement
5. 2015 Fiero Lane-Clarion Court Plan For Services
6. Draft Initial Study – Mitigated Negative Declaration for Fiero Lane-Clarion Court Annexation
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RESOLUTION NO. (2019 SERIES)
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING
APPROVAL OF THE ANNEXATION OF THE FIERO LANE-
CLARION COURT PROPERTIES (FIERO LANE WATER
COMPANY, FLWC) TO THE CITY OF SAN LUIS OBISPO (PL-
ANNX-1166-2015, EID-0626-2019)
WHEREAS, on December 1, 2015 the City Council adopted a Memorandum of Agreement
between the City and FLWC establishing a two-phased approach to annexation of the FLWC lands
to the City, as prescribed in Resolution No. 10678 (2015 Series); and
WHEREAS, on March 19, 2019 the City Council adopted a First Amendment to the 2015
Memorandum of Agreement agreeing to revised the schedule for completion of the annexation and
extending the time for consideration of the annexation with the Local Agency Formation Commission
(LAFCO), as prescribed in Resolution No. 10994 (2019 Series); and
WHEREAS, the referenced MOAs and the 2016 FLWC “Plan For Services” include details
on the studies, analysis, scheduling and financing of the consideration of said annexation and the
needed public and private infrastructure improvements to be completed as part of any annexation; and
WHEREAS, the City is actively working with the applicants and their consultants on
detailing the various improvements and implementation of the financing plans to complete said
improvements; and
WHEREAS, all the requirements, conditions and implementing measures of said Resolutions
No. 10678 and 10994 have been met by the applicants in order to consider the annexation; and
WHEREAS, a duly noticed Public Hearing before the Planning Commission was held on
September 25, 2019 to consider testimony and input on the proposed annexation, needed public and
private infrastructure improvements, development impact fees and charges to be paid to the City,
environmental considerations for the annexation, and review of the timing and implementation of said
fees and improvements; and
WHEREAS, environmental analysis of the proposed annexation has been guided by
previous work in the form of the Airport Area and Margarita Area Specific Plans Final EIR (2005),
FEIR Addendum for the Airport Area and Margarita Area Specific Plans (2015), and the City of
SLO General Plan Land Use and Circulation Elements (LUCE) FEIR (2014); and
WHEREAS, an Initial Study of environmental impact was prepared for the proposed
annexation, which tiers from the certified Final EIR for the Airport Area and Margarita Area
Specific Plans, documents whether there have been changed circumstances since those referenced
EIRs were completed, analyzes consistency of the annexation with the General Plan and Airport
Area Specific Plan, and identifies mitigation measures that would be required to mitigate
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potentially significant impacts resulting from the annexation process and the construction of
needed infrastructure (new or rehabilitation) to support City services to the areas; and
WHEREAS, the conclusion of the Initial Study of environmental impact is that by
incorporating the needed infrastructure features of the 2015 and 2019 MOAs, as well as the 2016 Plan
For Services, in addition to and as a direct result of the analysis of the noted EIRs, and implementing
noted mitigation measures, any significant effects of the annexation and provision of infrastructure
services to the area would result in a less than significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San
Luis Obispo as follows:
SECTION 1. CEQA Findings, Mitigation Measures, and Mitigation Monitoring
Program. Based upon all the evidence, the Planning Commission recommends that the City
Council adopt the following California Environmental Quality Act (CEQA) findings in support of
the project:
a) The proposed project, as conditioned herein, is consistent with the requirements of
the certified Airport Area and Margarita Area Specific Plans and Related Facilities
Master Plans Final Environmental Impact Report (FEIR) (SCH# 2000051062), and
this action incorporates those FEIR mitigation measures as detailed herein.
b) A supplemental, tiered, initial study has been prepared for the project, which
addresses potential environmental impacts resulting from the proposed project, and
the Community Development Director has recommended that the results of that
additional analysis be incorporated into a Mitigated Negative Declaration (MND)
of environmental impacts, and recommends adoption of identified mitigation
measures, all of which are incorporated below.
c) All potentially significant effects were analyzed adequately in the referenced FEIR
and IS/MND, subject to the following mitigation measures being incorporated into
the project and the mitigation monitoring program:
Air Quality
AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as
a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations, prior to any grading activities a geologic evaluation shall be conducted
to determine if NOA is present within the area that will be disturbed. If NOA is not present,
an exemption request must be filed with the District. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Asbestos ATCM. This may
include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. More information on NOA can be found at
http://www.slocleanair.org/business/asbestos.asp.
AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air
quality impacts, including issues surrounding proper handling, demolition, and disposal of
asbestos containing material (ACM). Asbestos containing materials could be encountered
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during demolition or remodeling of existing buildings. Asbestos can also be found in utility
pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for
removal or relocation or a building(s) is proposed to be removed or renovated, various
regulatory requirements may apply, including the requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos
NESHAP). These requirements include but are not limited to: 1) notification to the APCD,
2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable
removal and disposal requirements of identified ACM. More information on Asbestos can
be found at http://www.slocleanair.org/business/asbestos.php.
AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative
material within San Luis Obispo County.
AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during
construction activities will require California statewide portable equipment registration
(issued by the ARB) or an Air District permit. The following list is provided as a guide to
equipment and operations that may have permitting requirements, but should not be viewed
as exclusive: power screens, conveyors, diesel engines, and/or crushers; portable
generators and equipment with engines that are 50 hp or greater; internal combustion
engines; unconfined abrasive blasting operations; concrete batch plants; rock and pavement
crushing; tub grinders; and, trommel screens.
AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation
measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel
particulate matter (DPM) emissions from construction equipment are listed below:
a. Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
e. Construction or trucking companies with fleets that that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g. captive
or NOx exempt area fleets) may be eligible by proving alternative compliance;
f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5 minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and,
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k. Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated
ozone precursor emissions from the actual fleet for a given construction phase are expected
to exceed the APCD threshold of significance after the standard mitigation measures are
factored into the estimation, then BACT needs to be implemented to further reduce these
impacts. The BACT measures can include:
a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines;
b. Repowering equipment with the cleanest engines available; and
c. Installing California Verified Diesel Emission Control Strategies. These strategies are
listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4-acres
and that are not within 1,000 feet of any sensitive receptor shall implement the following
mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust
emissions:
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for
greater than 3 minutes in any 60-minute period. Increased watering frequency would
be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water
should be used whenever possible. Please note that during drought conditions, water
use may be a concern and the contractor or builder shall consider the use of an APCD-
approved dust suppressant where feasible to reduce the amount of water used for dust
control;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible, and building pads should be laid as soon as possible after grading unless
seeding or soil binders are used;
e. All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
f. The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent
transport of dust offsite. Their duties shall include holidays and weekend periods when
work may not be in progress.
Air Quality Monitoring Program: These conditions shall be noted on all project grading and
building plans. The applicant will also be required to comply with existing regulations and secure
necessary permits from the Air Pollution Control District (APCD) before the onset of grading or
demolition activities including, but not limited to additional dust control measures, and evaluation
for Naturally Occurring and Material Containing Asbestos. The applicant shall present evidence
of a plan for complying with these requirements prior to issuance of a grading or building permit
from the City. The applicant shall provide the City with the name and telephone number of the
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person responsible for ensuring compliance with these requirements. The Building Inspector and
Community Development and Public Works Inspectors shall conduct field monitoring.
Cultural Resources and Tribal Cultural Resources
CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or
paleontological resources are unearthed or discovered during any construction activities,
the following standards apply:
a. Construction activities shall cease, and the Environmental Coordinator and Planning
Department shall be notified so that the extent and location of discovered materials may
be recorded by a qualified archaeologist, and disposition of artifacts may be
accomplished in accordance with state and federal law, and in consultation with local
Native American tribal organizations.
b. In the event archaeological resources are found to include human remains, or in any
other case where human remains are discovered during construction, the County
Coroner is to be notified in addition to the Planning Department and Environmental
Coordinator so that proper disposition may be accomplished.
Cultural Resources and Tribal Cultural Resources Monitoring Program: Requirements for
cultural resource mitigation, in the event of unforeseen encounter of materials during the potential
relocation of the wastewater treatment facility, shall be clearly noted on all plans for project
grading and construction. Compliance will be verified by the Community Development Director.
SECTION 2. Action, Findings and Conditions. The Planning Commission hereby
recommends the City Council 1) approve the filing of an application for annexation of the Fiero Lane-
Clarion Court area and direct the Community Development Director to process the application with
San Luis Obispo Local Agency Formation Commission (LAFCO) and 2) authorize the City Manager
to execute any documents in a form approved by the City Attorney related to the annexation of the
subject lands to the City of San Luis Obispo, based on the following findings and subject to the
following conditions of approval:
Findings:
1. The project area is identified in the Airport Area Specific Plan as a future annexation area,
and no changes to identified pre-zoning or General Plan land use designations are
proposed. The proposed annexation is consistent with the Airport Area Specific Plan,
which was determined to be consistent with the San Luis Obispo County Airport Land
Use Plan.
2. The proposed annexation is consistent with the General Plan, including Policies 1.13.3
(Annexation Purpose and Timing) and 1.13.5 (Annexation in Airport Area) because the
proposed project satisfies all the prerequisites identified under 1.13.5 and pre-zoning was
established upon adoption of the Airport Area Specific Plan, which is a prerequisite for
allowing development on the site under the City’s General Plan.
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3.The Fiero Lane-Clarion Court area is within the City’s Sphere of Influence as defined by
LAFCO, which is an area designated for eventual annexation provided that City services
can be provided, and that annexation is otherwise consistent with LAFCO policies.
4.The Memorandum of Agreement and Plan for Services provides a framework for
providing the necessary City services.
Conditions of Approval:
1.In compliance with the adopted First Amendment to the Memorandum of Agreement, if
re-location of the existing wastewater treatment facility is required in order to continue
service to the East Airport area, the applicant shall submit documentation verifying that
the Fiero Lane Water Company has submitted an application to the Regional Water
Quality Control Board for any required permits and authorizations related to the
wastewater treatment plant and associated disposal of treated wastewater. To ensure
implementation of the re-location of the wastewater treatment facility, the applicant shall
provide financial assurance in the form of a bond, to be approved by the City Utilities
Director.
2.The applicant shall construct improvements and upgrades to Fiero Lane so as to bring
the street infrastructure into a " state of good repair". For purposes of this requirement,
the definition of state of good repair includes:
a.Upgrading traffic control signs and markings to meet current federal, State and City
standards;
b.Upgrade street crossings to meet Federal and City ADA ramp and crossing
standards;
c.Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements;
d.Remove and replace any damaged sections of sidewalk.
3.The applicant shall establish City-controlled public right-of-way access to parcels 076-
401-043, 076-400-001, 076-401-065 & 076-041-032, which are included within the
proposed annexation area, but are not accessible via right-of-way. This may require
subdivision of County-owned parcel 076-401-068 and transfer of the portion that
includes the existing access road to the City.
4.The applicant shall exhaust all reasonable efforts to establish a reciprocal access
agreement across parcel 076-413-038 to provide a potential future street connection
between Clarion Court and Fiero Lane.
5.Old Santa Fe Road south of the City/County boundary line, located immediately south
of the Santa Fe Bridge shall remain under County jurisdiction after annexation of
properties on Clarion Court. If as part of the LAFCO process, the City is required to
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take all, or part, of Old Santa Fe Road under City jurisdiction, the following
requirements shall be required by the applicant:
a. Construct improvements and upgrades to the portion of Old Santa Fe Road that is
to be annexed to the City so as to bring the street infrastructure into a "state of good
repair". For purposes of this requirement, the definition of state of good repair
includes:
i. Upgrading traffic control signs and markings to meet current federal, State
and City standards; and
ii. Upgrade street crossings at Clarion Court and the mini storage property to
meet Federal and City ADA ramp and crossing standards; and
iii. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
The limits of required improvements begin at the south side of the existing bridge
across the East Fork of San Luis Creek and terminate at the cul-de-sac fronting the mini
storage property. No improvements to the bridge are proposed.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Tyler Corey, Secretary
Planning Commission
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CLARION CT
AERO VISTA LNFIERO LN BROAD
S
T
SANTA FE RD6.83
2.29
2.13
2.3
2.2
1
2.03
2.4 2.43
1.77
1.28
1.27
1.23
0.8
0.950.88
0.62
0.4 0.54
0.48 0.46
0.30.35 0.33
0.32
0.29
0.23 0.23 0.220.22
Fiero Lane Proposed Annexation
Proposed AnnexationBoundary
San Luis ObispoCity Limits
Parcel Boundary
612 CLARION COURTSAN LUIS OBISPO, CA 93401805 544-4011 www.wallacegroup.us
CIVIL ENGINEERINGCONSTRUCTION MANAGEMENTLANDSCAPE ARCHITECTUREMECHANICAL ENGINEERINGPLANNINGPUBLIC WORKS ADMINISTRATIONSURVEYING/GIS SOLUTIONSWATER RESOURCESWALLACE SWANSON INTERNATIONAL
0 2,000 4,000 Feet
0 0.5 10.25 Miles
1 inch = 3,000 feet
Z
1.50 (Acreage)
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RESOLUTION NO. 10678 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT
REGARDING THE PROPOSED ANNEXATION AND PROPERTY
ALONG FIERO LANE AND CLARION COURT AND THE PROVISION
OF INTERIM WATER AND SEWER SERVICE (850 FIERO LANE)
WHEREAS, on December 1, 2015, 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, for the purpose of considering a Memorandum of Agreement regarding the
proposed annexation of property along Fiero Lane and Clarion Court and the provision of interim
water and sewer service; and
WHEREAS, an Addendum to the Environmental Impact Report for the Airport Area and
Margarita Area Specific Plans was prepared to review any new impacts/conditions associated
with the proposed project; and
WHEREAS, the City Council has duly considered all evidence, including testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. That the Memorandum of Agreement between the City and the Fiero Lane Water
Company is consistent with the Airport Area Specific Plan and General Plan policies.
2. That the Memorandum of Agreement between the City and the Fiero Lane Water
Company adequately addresses the parameters of interim service and establishes
sufficient penalties/timeframes to ensure future annexation or disconnection from City
services.
3. That the Addendum to the Airport Area and Margarita Area Environmental Impact
Report (adopted August 23, 2005 and amended September 2, 2014) properly
characterizes the current drought conditions and provides substantial evidence that new
conditions have not occurred that would require preparation of a subsequent
Environmental Impact Report per CEQA Guidelines Sections 15162, 15164, and
15183.5.
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SECTION 3. Action. The City Council hereby approves and authorizes the Mayor to
execute the Memorandum of Agreement between the City and the Fiero Lane Water Company
attached hereto as Exhibit "A" and incorporated herein by this reference.
Upon motion of Vice Mayor Carpenter, seconded by Council Member Christianson, and on the
following vote:
AYES: Council Members Ashbaugh, Christianson, and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this I" day of December 2015.
APPROVED AS TO FORM:
Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this I day of ),,1 t,044j ,J , J T-
m City Clerk
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MEMORANDUM OF AGREEMENT BY AND BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE
FIERO LANE WATER COMPANY
r-7
This Memorandum of Agreement (MOA) is made and entered into this I day of
Qccnt, ...,r , 20_1 -5 (the "Effective Date") by and between the City of San Luis Obispo, a
municipal corporation and charter city, (hereinafter referred to as "CITY") and, Fiero Lane
Water Company, a California corporation (hereinafter referred to as "COMPANY"). CITY, and
COMPANY shall hereinafter be referred to collectively as "PARTIES".
RECITALS
WHEREAS, COMPANY is a mutual water company which provides water and sewer
service to property owners and their tenants within its service boundaries. A map depicting
COMPANY's service area and a listing of all properties served by COMPANY is attached
hereto as Exhibit 1, and incorporated herein by this reference; and
WHEREAS, COMPANY's service area is immediately adjacent to CITY's municipal
boundaries, but within CITY's urban reserve line and CITY's Airport Area Specific Plan
annexation area; and
WHEREAS, CITY's General Plan Water and Wastewater Element Policy No. 1.19.1A
of the Water and Wastewater Element and CITY's Municipal Code section 13.04.030 state that
the CITY shall be the only purveyor of water and wastewater services in the CITY's limits; and
WHEREAS, COMPANY and CITY have been negotiating the possible annexation of a
portion of COMPANY's service area into CITY's boundaries. A map depicting this area to be
possibly annexed is attached hereto as Exhibit 2 (the "Area") and incorporated herein by this
reference;
WHEREAS, by this MOA, COMPANY and CITY wish to set forth certain terms and
conditions regarding the anticipated annexation of the Area into the CITY, including, but
not limited to, the provision for interim water and sewer service and the upgrade and transfer of
certain portions of COMPANY's water and sewer infrastructure to CITY.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, the PARTIES agree as follows:
1. Payment of Costs and Expenses — COMPANY agrees to pay for any and all
costs and expenses related to the annexation of the Area into CITY's municipal boundaries,
including, but not limited to, all of CITY's administrative fees, consultant fees, filing fees,
planning fees, engineering fees, attorney's fees, surveying fees, inspection fees, construction
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costs, conditions of approval and mitigation measures related to the preparation and review of
this MOA, and all actions contemplated herein. COMPANY and CITY acknowledge and agree
that the list of permit fees attached hereto as Exhibit 3 and incorporated herein by this reference
is a fair and reasonable estimate of the anticipated permit fees associated with the Annexation.
COMPANY acknowledges and agrees that such estimate is subject to change. Within fifteen
15) days of the Effective Date of this MOA, COMPANY shall deposit the sum of twenty five
thousand dollars ($25,000) (the "Deposit") with CITY. Such amount may be commingled with
CITY's other funds. CITY may deduct its expenses from such deposit and shall provide
COMPANY with regular invoices. COMPANY shall have thirty (30) days from the date of such
invoice to contest the expenses and charges so described. Whenever the Deposit declines to
5,000 or less, or is insufficient to cover any anticipated costs or expenses, CITY may request an
additional deposit in an amount determined by CITY in its sole and absolute discretion.
COMPANY's failure to timely deposit such funds shall be considered a material breach of this
MOA, in which case CITY may cease any further action without any liability whatsoever.
2. Annexation of Area — Subject to the terms and conditions herein, after receiving
a written request from the COMPANY, the CITY shall hold a public hearing for the
consideration of the annexation request, and if authorized by the City Council, City shall file an
application with the San Luis Obispo Local Agency Formation Commission ("LAFCO") to
annex the Area into the CITY's municipal boundaries (the "Annexation"). COMPANY shall
provide any and all information, plans (including a plan for services), documents or signatures
needed for such application. COMPANY acknowledges and agrees that such annexation
proceedings are subject to the discretion of LAFCO, other affected agencies and protest
proceedings, and that CITY makes no guaranties, representations or warranties whatsoever
regarding any outcome of the Annexation or related process. COMPANY further acknowledges
that the Annexation is subject to environmental review pursuant to the California Environmental
Quality Act and potentially subject to certain conditions of approval and mitigation measures.
Upon annexation of the Area into the CITY's municipal boundaries (i.e. effective date of the
certificate of completion) and CITY's acceptance of the water and sewer infrastructure as set
forth in Section 3.d below, COMPANY shall forever cease operating within the Area so
annexed.
3. COMPANY Infrastructure -
a. Existing Conditions of COMPANY Infrastructure — COMPANY acknowledges
and agrees that much of the existing water and wastewater infrastructure owned
by COMPANY being used to provide water and wastewater service to the Area
does not currently meet CITY standards for acceptance by the CITY following
Annexation. COMPANY acknowledges that the existing stormdrain infrastructure
is currently owned and maintained by the County and appears to be acceptable,
subject to the completion of specific stormdrain improvements by the County,
including cleaning and final inspection of the infrastructure prior to Annexation.
b. Required Improvements — Prior to Annexation of the Area into CITY and CITY's
provision of water and sewer to the Area, COMPANY shall upgrade the
COMPANY's water and sewer infrastructure to City standards as identified in
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Exhibit 4 attached hereto and incorporated herein by this reference. In addition,
COMPANY shall coordinate with the County to arrange for the inspection and
cleaning of the existing stormdrain by the County. COMPANY acknowledges and
agrees that additional improvements to COMPANY's water and sewer
infrastructure may be needed as later determined by CITY in its sole and absolute
discretion. COMPANY further acknowledges and agrees that upon completion of
the required improvements to the water and sewer infrastructure, COMPANY
shall repair the affected right of way in its entirety to a state of good repair as
determined by the CITY's Director of Public Works. COMPANY hereby
expressly waives Labor Code section 1781 and hereby releases, indemnifies and
holds harmless CITY from and against any claim that the infrastructure
improvements required herein are subject to the payment of prevailing wages.
c. Responsibilities of COMPANY for Upgrades — COMPANY shall be solely
responsible for all aspects of completing the required infrastructure upgrades
including, but not limited to, financing, design, permitting, bidding and
construction and inspection. CITY will consider the necessary actions to establish
land based funding opportunities or other related funding mechanisms in order to
finance those public improvements that the COMPANY elects not to self -fund,
subject to property owner approval and public hearing requirements as required
by law.
d. Transfer of Infrastructure and Facilities — Upon completion of all infrastructure
upgrades, COMPANY shall provide CITY with:
i. A complete set of record drawings prepared by a registered engineer
depicting the actual conditions and the locations of the water and sewer
facilities proposed to be transferred to CITY;
ii. All documents showing all of COMPANY's easements and real property
located within the Area; and
iii. Executed instruments, which shall be in a form or forms to the satisfaction
of the City Attorney, transferring all water and sewer infrastructure, and
related easements and real property within the Area to the CITY.
COMPANY acknowledges that such transfer is subject to CITY accepting
such infrastructure, easement and real property. COMPANY agrees to
furnish CITY with a title insurance policy showing title to any easement or
real property to be transferred in the name of CITY with coverage in the
amount of the fair market value the property or its replacement value, as
applicable.
COMPANY acknowledges and agrees that unless and until its water and sewer infrastructure are
accepted by CITY, COMPANY shall be solely responsible for the operation and maintenance of
such infrastructure. The CITY reserves the right to determine which infrastructure it will accept
as CITY responsibility and which will remain the responsibility of COMPANY.
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4. Responsibilities of CITY — Upon final acceptance of said infrastructure and
improvements, CITY shall be responsible for operation and maintenance of the accepted water
and sewer infrastructure and the provision of water and wastewater service to the Area duly
annexed and served by such infrastructure.
5. Interim Water and Sewer Service Provision —
a. Interim Hook -Up - COMPANY represents that it has received written
confirmation of support for annexation from property owners within its service
area that represent more than 50% of the assessed value of the land within the
proposed annexation boundary. As such, COMPANY anticipates the successful
completion of Annexation. CITY and COMPANY agree that due to the time
required to complete the Annexation process, including the design and
construction of needed improvements to the infrastructure for final acceptance by
CITY, it is necessary to connect infrastructure owned and operated by
COMPANY to City's system for interim water and sewer service to properties
served by COMPANY while the annexation process and infrastructure
improvements are being completed (the "Interim Service Period"). Prior to
providing interim sewer service, the COMPANY must demonstrate to the
satisfaction of the City's Utilities Director, separation of the east and west side
wastewater flow. Prior to providing such interim water and sewer service
however, CITY shall, at COMPANY's sole expense, submit an application with
LAFCO pursuant to Government Code Section 56133 to provide new services
outside its jurisdictional boundaries. CITY and COMPANY understand and agree
that approval for such extraterritorial service is within the discretion of LAFCO.
COMPANY further acknowledges and agrees that CITY's obligation to provide
interim water or sewer service is subject to amendment of Chapter 13.16 of the
CITY's Municipal Code in order to allow water and sewer service outside of the
City's limits. Should LAFCO deny such application or should CITY's Municipal
Code not be so amended, CITY shall have no obligation whatsoever to provide
COMPANY with water or sewer service prior to Annexation. COMPANY further
acknowledges and agrees that CITY shall have no obligation whatsoever to
provide interim water and/or sewer service under this Section 5 unless and until
COMPANY provides CITY with all necessary documents for the City's
Annexation application to initiate proceedings for the annexation of the Area into
the City's boundaries. During the Interim Service Period, COMPANY shall
continue to provide its customers with water and sewer service and shall retain full
and absolute responsibility for operations, maintenance and repair of all
facilities up to the point of connection of COMPANY facilities to CITY's
system. Connection to the CITY's water and sewer systems will require approval
of final connection plans by the CITY's Utilities and Public Works Directors. All
discharges into the City's sewer system shall comply with all CITY regulations;
the CITY reserves the right to prohibit any discharge into the CITY's sewer
system from COMPANY's service area during the Interim Service Period.
b. Prior to interim hook-up, COMPANY shall provide CITY with written
confirmation from the Central Coast Regional Water Quality Control Board
RWQCB") that East Airport, also known as the Morabito-Burke and Senn -
Glick commercial developments, can either relocate the existing wastewater
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treatment facility operated by the COMPANY or install a new wastewater
treatment facility on their premises. At a minimum, the written confirmation must
specifically reference the Fiero Lane Water Company, Wastewater Discharge and
Water Recycling Requirements Order NO. R3-2004-0154, Morabito-Burke and
Senn -Glick commercial developments or East Airport, permission to relocate and
site the Fiero Lane Water Company treatment facility or site a new wastewater
treatment facility at Morabito-Burke and Senn -Glick commercial developments,
and be signed by the RWQCB's Executive Officer or his designee. In addition, if
the facility is not relocated prior to Annexation, the COMPANY shall also
provide to City written confirmation and documentation as required by CITY that
COMPANY is technically and financially capable of the relocation of the facility
to the location and in accordance with the RWQB's requirements. Financial
documentation can include a bond, letter or guarantee or other documentation
acceptable to CITY.
c. During the Interim Service Period, the CITY will be designing and constructing a
replacement for the existing sewer gravity main in Fiero Lane and the Airport
sewer pump station that will serve the Area. The CITY will work with
COMPANY to identify locations for these replacement facilities and COMPANY
agrees to grant easements to the CITY for both the pump station and gravity main
in the location to be determined later as otherwise reasonably required by CITY.
d. Payment for Service - COMPANY shall be responsible for paying any and all
rates and fees associated with the provision of water or sewer service during the
Interim Service Period as described in this Section until transfer of COMPANY
sewer and water infrastructure to CITY is complete and CITY service to
individual properties served by COMPANY is established.
i. Upon connection of COMPANY to CITY water service and cessation of
COMPANY ( well) water service to the properties listed in Exhibit 1,
COMPANY shall be billed for wastewater service based upon metered
water use consistent with CITY practices for billing non-residential
customers in the City.
ii. During the Interim Service Period, water service rates shall be at normal
rates in effect at the time of service unless the COMPANY is not in
compliance with the Schedule (defined below) or is otherwise in default of
any term or condition of this MOA, in which case such rates shall be two
times the normal rate in effect at the time of service or as determined by
the CITY's Director of Utilities.
iii. During the Interim Service Period, sewer service rates shall be at normal
rates in effect at the time of service unless the COMPANY is not in
compliance with the Schedule or is otherwise in default of any term or
condition of this MOA, in which case such rates shall be two times the
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normal rate in effect at the time of service or as determined by the CITY's
Director of Utilities.
6. Improvement and Performance Bond — Prior to COMPANY connecting to
CITY for interim water and sewer service as set forth in Section 5.a above, COMPANY shall, at
COMPANY's sole expense, obtain improvement bonds or other similar assurances in favor of
CITY guaranteeing the costs and expenses for the following:
a. The processing of the Annexation application; and
b. The removal of the water and sewer improvements for interim water and sewer
service and restoration of the affected area.
The amount of each of the bonds shall be determined by the CITY's Director of Utilities, in his
or her sole and absolute discretion. The CITY reserves the right to increase the amount of such
bonds in the event the anticipated costs and expenses to perform the work guaranteed by such
bond are greater than the amount so bonded.
7. Water, Wastewater, and Recycled Water Development Impact Fees —
a. Water and Wastewater Development Impact Fees. Subject to the terms and
conditions herein, COMPANY shall pay the water and sewer development impact
fees in place as of the Effective Date and the fees identified for the City's
replacement of the Airport sewer pump station to serve the Area, which are more
particularly described in Exhibit "3 & 4" attached hereto and incorporated herein.
These fees may be financed by CITY through land based financing or other
equivalent means under terms outlined and negotiated during the financing of said
impact fees. The impact fee payment(s) shall be paid at time of Annexation.
b. Recycled Water Development Impact Fee. Subject to the terms and conditions
herein, at the time of Annexation, COMPANY shall pay CITY a recycled water
development impact fee, the amount of which shall the lesser of:
i. The recycled water portion of the water impact fee at the time of
Annexation based on an analysis of the equitable portion of the recycled
water improvements assigned to the proposed Annexation Area, but not to
exceed $80,000; or
ii. The cost of installation, as determined by CITY's Engineer, at the time of
Annexation for a 10 inch ductile iron recycled water line fronting 4211
Broad, 850 Fiero Lane, and 845 Fiero, in Broad Street (approximately 830
feet).
8. Existing and Future Development. Upon annexation, the PROPERTY may be
further developed consistent with CITY policies, rules and regulations including, but not limited
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to, the General Plan, the Airport Area Specific Plan (RASP), and other provisions of the
Municipal Code and state law.
a. Non -Conforming Uses. COMPANY recognizes that certain existing uses within
the Area are not permitted or may be conditionally permitted under CITY's
zoning regulations and land use policies and that such non -conforming uses are
entitled to remain and continue pursuant to CITY's non -conforming land use
regulations. Non -conforming uses existing as of the date of Annexation shall be
allowed to relocate within the same parcel as of the date of Annexation CITY will
endeavor to integrate such non -conforming uses into, and to provide for such uses
within the Area in the next revision of the CITY's zoning regulations and Airport
Area Specific Plan ("AASP").
b. Expansion of Existing Uses. Nothing herein is intended to limit the addition or
expansion of otherwise conditionally allowable uses, consistent with existing City
procedures for review and approval of such additions and/or expansions.
c. Non -Conforming Structures. CITY recognizes that certain structures within the
Area lawfully existing as of the date of Annexation are legal non -conforming
structures and may remain pursuant to CITY's non -conforming structure
regulations. CITY acknowledges that such regulations allow the right to maintain
and make reasonable repairs to such structures and to replace the structures
consistent with CITY regulations. Changes to structural elements (with the proper.
CITY permit), interior partitions or other nonstructural improvements and repair
may be made to any of the structure.
9. Term and Termination of Agreement - This MOA shall become effective as of
the Effective Date and shall remain in effect until the Area is annexed and the water and sewer
infrastructure are accepted by CITY pursuant to Section 3 above, unless sooner terminated as
provided herein. CITY and COMPANY acknowledge and agree that the Annexation Task List
and Schedule (the "Schedule") attached hereto as Exhibit "5" and incorporated herein by this
reference, represents a fair and reasonable schedule for performance of the Annexation and other
tasks and obligations as contemplated herein. This MOA may be terminated by either party upon
the other party's failure to substantially comply with the benchmarks set forth in the Schedule
provided that, prior to such termination, the party seeking to terminate provides written notice of
such failure to comply and a reasonable opportunity to cure such failure. CITY and COMPANY
acknowledge and agree that the Schedule shall be adjusted to account for delays which are out of
the reasonable control of either CITY or COMPANY. CITY and COMPANY agree that time is
of the essence in completing the work identified in Exhibit 5 of this MOA. COMPANY and
CITY agree that all upgrades to the water and sewer infrastructure and right of way as described
in Section 3 above shall be completed to CITY's satisfaction prior to Annexation of the Area into
CITY's municipal boundaries. This MOA may be terminated by CITY without prior notice in
the event of bankruptcy or insolvency of COMPANY. This MOA may also be terminated by
CITY upon successful protest of the Annexation.
ATTACHMENT 4
Packet Page 440
Resolution No. 10678 (2015 Series)
EXHIBIT A
10. Liability and Indemnification —
Page 10
a. Release of Liability — COMPANY acknowledges and agrees that CITY is not, and
shall not be, in any way liable for any damages or injuries that may be sustained
as the result of the CITY's performance of this MOA.
b. Indemnification - To the fullest extent provided by law, COMPANY shall
indemnify, defend (with counsel reasonably acceptable to CITY) and hold
harmless CITY, its officials, employees, agents and contractors from and against
any and all liability, costs, expenses (including attorney's fees), demands,
lawsuits, arising from or related this MOA, CITY's provision of water or sewer
service to COMPANY and COMPANY's customers during the Interim Service
Period or the annexation of COMPANY's the Area to CITY. Notwithstanding the
foregoing, COMPANY shall have no duty to indemnify or defend CITY for the
proven gross negligence or willful misconduct of CITY.
11. Insurance - During the term of this MOA, COMPANY shall have in full force
and effect a commercial general liability insurance policy covering personal injury and property
damage in the minimum coverage amounts of $1,000,000 per occurrence. City shall be named an
additional insured under said policy.
12. Successors, Heirs and Assigns - This MOA shall bind and inure to the benefit of
the heirs, successors, assigns and personal representatives of the PARTIES. This MOA may not
be assigned without the prior written approval of the PARTIES.
13. Amendment and Modification - This MOA may be amended, extended, or
canceled at any time by mutual consent of the PARTIES or their successors in interest.
14. Notices — Unless otherwise specified herein, any notice which any party may or is
required to give shall be given by personal service or by depositing such notice with the U.S.
Postal Service, postage pre -paid, to the mailing address given below, or at such other place as
may be designated by the party in writing from time to time. Notice shall be effective upon the
date of personal delivery or 3 days after date of mailing.
If to City: City of San Luis Obispo
Attn: Community Development Director
919 Palm Street
San Luis Obispo, CA 93401
With copy to: City of San Luis Obispo
Attn: City Attorney
990 Palm Street
San Luis Obispo, CA 93401
If to COMPANY: Fiero Lane Water Company
address] A -ru . F ek, Kkvr, , CK
S Lam.• s Ob sp , ot3,ob
ATTACHMENT 4
Packet Page 441
Resolution No. 10678 ( 2015 Series)
EXHIBIT A Page 11
15. Implied Obligations — COMPANY and CITY shall reasonably cooperate to
achieve the purposes of this MOA, and shall execute or provide as requested such other
documents and information as are reasonably necessary to achieve those purposes.
16. Construction — When the context of any provision requires it, the singular shall
be held to include the plural, and the masculine shall be held to include the feminine gender.
Should any provisions of this MOA require judicial interpretation, it is understood by the
PARTIES and agreed that a court interpreting or construing same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that the document is to be constructed more strictly against the party who prepared
it sine the parties agree that both have participated in the preparation of this document with the
assistance of counsel.
17. Authority to Sign and Binding Effect - The parties executing this MOA
personally warrant that they have the full authority to enter into this MOA on behalf of the
agency or entity for which they are signing, and that said agency or entity will be legally bound
to the MOA by their signature hereto.
18. Counterparts — This MOA may be executed in counterparts.
IN WITNESS WHEREOF, this Memorandum of Agreement is executed on the date
above stated, at San Luis Obispo, California.
CITY OF SAN LUIS OBISPO
By: _ 'Iq?11 " , - - —
Jan M Mayor
ATTEST
Jon Interim City Clerk
AS TO
ristine Dietrick, City Attorney
FIERO LANE WATER COMPANY
B
Its: d--
ATTACHMENT 4
Packet Page 442
Resolution No. 10678'(2015 Ser'
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Exhibit 1
ATTACHMENT 4
Packet Page 443
MOA Exhibit 1
Resolution No. 10678 (2015 Series)
EXHIBIT A Page 13
Properties Served by FLWC (West Side of Broad Street)
APN APN APN APN
076-411-054 076-413-035 076-414-023 076-414-047
076-415-007 076-413-027 076-414-021 076-414-052
076-415-006 076-413-011 076-414-007 076-414-045
076-415-012 076-413-002 076-414-039 076-414-030
076-415-013 076-413-016 076-400-010 076-414-049
076-415-015 076-413-037 076-413-023 076-414-029
076-415-009 076-414-032 076-413-009 076-400-004
076-415-014 076-413-026 076-413-013 076-414-031
076-414-009 076-413-024 076-413-003 076-414-051
076-412-001 076-413-034 076-413-019 076-414-050
076-414-016 076-400-007 076-400-005 076-415-005
076-414-012 076-400-006 076-413-020 076-415-008
076-414-013 076-413-018 076-414-041 076-412- 007
076-414-014 076-413-022 076-414-037 076-412- 002
076-414-011 076-413- 032 076-414-038 076-412-008
076-414-015 076-413-005 076-414-042 076-411-039
076-412-009 076-413-007 076-414-043 076-415-010
076-414-010 076-413-006 076-414-036 076-415-011
076-415-016 076-413-008 076-414-034 076-400-013
076-414-006 076-413-015 076-414-033 076-401-043
076-400-014 076-400-011 076-414-025 076-401-032
076-414-022 076-413-031 076-414-026 076-401-065
076-414-019 076-413-030 076-414-054 076-411-055
076-413-010 076-400-012 076-414-027 076-415-003
076-414-017 076-400-003 076-414-053 076-415-004
076-414-008 076-413-028 076-414-028 076-415-001
076-414-003 076-413-012 076-413-033 076-415-002
076-412-003 076-413-021 076-414-024 076-401-064
076-413-004 076-413-001 076-414-001 076-414-055
076-414-004 076-414-018 076-414-044 076-413-038
076-413-029 076-414-020 076-414-040 076-400-001
076-413-017 076-413-036 076-414-035 076-415-017
076-413-014 076-414-005 076-414-048
076-413-025 076-414-002 076-414-046
ATTACHMENT 4
Packet Page 444
Resolution No. 10678 (2015 Series)
EXHIBIT A
Properties Served by FLWC (West Side of Broad Street)
APN
076-511-040
076-512-008
076-512-030
076-511-025
076-512-024
076-512-033
076-512-023
076-512-022
076-512-004
076-512-025
076-512-026
076-512-001
076-512-002
076-512-003
076-512-006
076-512-005
076-512-009
076-512-017
076-512-028
076-512-015
076-512-011
076-512-010
076-512-012
076-512-007
076-512-029
076-512-032
076-512-031
076-511-038
076-512-034
076-511-039
076-511-041
076-512-035
076-512-036
MOA Exhibit 1
Page 14
ATTACHMENT 4
Packet Page 445
NADA FYninit 9ATTACHMENT 4
Packet Page 446
Resolution No. 10678 (2015 Series)
EXHIBIT A
MOA Exhibit 3
Page 16
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Page 16
ATTACHMENT 4
Packet Page 447
MOA Exhibit 4
Resolution No. 10678 ( 2015 Series)
EXHIBIT A Page 17
Reguired Infrastructure Improvements
Fiero Lane Water Company (FLWC) will perform a water and wastewater systems engineering
analysis and design to bring their facilities to CITY standards prior to CITY acceptance of those
facilities for CITY maintenance and operation. FLWC intends to complete the analysis prior to
annexation, so that costs can be established. Required, documents, submittals and improvements
identified to date are shown below. Additional documents, submittals, improvements or
modifications to the list of improvements may be required following completion of the analysis
and design and concurrence of the CITY and FLWC. The CITY reserves the right to determine
which infrastructure it will accept as CITY responsibility and which will remain the
responsibility of others. FLWC will be responsible for funding, design and construction of the
required improvements.
1. General Water and Wastewater: Map of the entire FLWC service area including
parcels and owners and size of buildings. Map shall include all infrastructure
servicing the Morabito Burke service area.
2. Annual and monthly records of water pumping, distribution and consumption and
wastewater generation, treatment and disposal.
3. All permits, records, agreements and reports required by regulatory agencies for
water and wastewater such as but not limited to; Regional Water Quality Control
Board, State Water Resources Control Board, EPA, County of San Luis Obispo,
California Department of Health.
4. All letters, reports and correspondence to regulatory agencies including but not
limited to; Notice of Violation(s), violation(s), fines and penalties, settlement
agreements, inspections, Notice of Intent, application for waste discharge.
5. All records of water and wastewater infrastructure installation.
6. All records of water and wastewater maintenance and capital replacement.
7. All water meter reads for the last 3 years.
8. Monthly water and wastewater service rates.
9. Map of all infrastructure, included but not limited to water mains, valves, water
meters, water boxes, fire hydrants, air vacs, service laterals, gravity sewers, manholes,
laterals.
10. List and map of record easements.
11. Draft schedule for all submittals and construction improvements prior to annexation.
Potable Water:
1. Record easements for CITY facilities on private property.
2. Pressure and leak test existing water mains that will become CITY facilities (Fiero Lane
only).
3. Public and private water mains shall be sized to meet fire flow requirements.
4. Decommission and dismantle of groundwater collection, treatment, and pumping
facilities.
5. Replace fire hydrants with CITY standard hydrants.
ATTACHMENT 4
Packet Page 448
Resolution No. 10678 (2015 Series)
EXHIBIT A
MOA Exhibit 4
Page 18
6. Replace all water meters. Meters shall be properly sized, accurate and meet City
standards.
7. Water Services shall be upgraded to current City standard.
8. Backflow preventers shall be installed where recommended by County Cross Connection
Inspector.
9. Isolation valves shall be installed.
Wastewater:
1. Work with the CITY and County Airport to facilitate the CITY takeover of that portion
of the Airport gravity sewer line in Fiero Lane.
2. Replace or rehabilitate failing portion of the Airport gravity sewer line — Manhole M17-
15 to M 17-8.
3. Fiero Lane System — Manhole M17-18 — cut open pipe to expose invert and access flow.
Manhole M 17-18 to M 17- 19 — correct grade defects.
4. Tie over eight (8) sewer laterals on Fiero Lane to the Airport gravity sewer line or new
City gravity main in Fiero Lane, if available. Any necessary repairs to private laterals
shall be made by FLWC prior to tie over.
5. Abandon existing FLWC gravity main once laterals are tied over to deeper airport gravity
line.
6. The wastewater treatment system will be decommissioned, removed and left for
COMPANY to salvage or dispose in accordance with state standards.
7. Temporary and permanent easements shall be granted to the City for replacement of the
existing gravity main in Fiero Lane and the existing Airport sewer pump station. This
may include the site of the existing FLWC wastewater treatment system site, or another
suitable site.
8. The leach fields behind Clarion Court will be abandoned in accordance with applicable
code after all Clarion properties are connected to the City wastewater collection system
via private gravity or private force main connections.
Storm Drainage Infrastructure:
The existing stormdrain within the existing County right-of-way is owned and maintained
by the County. The Company shall coordinate with the County to arrange for the
inspection and cleaning of the stormdrain system. In the event the County is unwilling to
perform the work prior to annexation, the City and Company shall work cooperatively to
arrange for an alternative means of cleaning with concurrence and permission from the
County.
Street Infrastructure:
1. The COMPANY will construct improvements and upgrades to Fiero Lane so as to bring
the street infrastructure into a "state of good repair". For purposes of this requirement, the
definition of state of good repair includes:
a. Upgrading traffic control signs and markings to meet current federal, State
and City standards; and
ATTACHMENT 4
Packet Page 449
Resolution No. 10678 (2015 Series)
EXHIBIT A
MOA Exhibit 4
Page 19
b. Upgrade street crossings to meet Federal and City ADA ramp and crossing
standards
c. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
d. Remove and replace any damaged sections of sidewalk.
2. It is the intent of the agreement that Old Santa Fe Road south of the City/County
boundary line, located immediately south of the Santa Fe Bridge, will remain under
County jurisdiction after annexation of properties on Clarion Court. If as part of the
LAFCO process, the City is required to take all, or part, of Old Santa Fe Road under City
jurisdiction, the following requirements shall be required. The COMPANY will construct
improvements and upgrades to Old Santa Fe Road, that is to be annexed to the City, so as
to bring the street infrastructure into a "state of good repair". For purposes of this
requirement, the definition of state of good repair includes:
a. Upgrading traffic control signs and markings to meet current federal, State
and City standards; and
b. Upgrade street crossings at Clarion Court and the mini storage property to
meet Federal and City ADA ramp and crossing standards
c. Perform pavement maintenance as needed to meet City minimum pavement
condition index requirements.
The limits of required improvements begin at the south side of the existing bridge across the East
Fork of San Luis Creek and terminate at the cul-de-sac fronting the mini storage property. No
improvements to the bridge are proposed.
ATTACHMENT 4
Packet Page 450
Resolution No. 10678 (2015 Series)
EXHIBIT A
Annexation Task List and Schedule
Fiero Lane Water Company
revised 12-1-2015
MOA Exhibit 5
Page 20
Task No. Description Completion Date Comments
1 Finalize Draft MOA - staff level 10/16/2015
2 IFLWC to organize written majority support for annexation Complete
Majority support to include greater than 50% of total assessed value of
western service area
3 IFLWC Board approves and executes MOA TBD
4 IFLWC Submits Application for Annexation Complete
City Council Hearing #1 (council approves and executes MOA,starting6 12/1/2015
annextaion and ok's pursuing Land based financing)
ILAFCO application submittal #1
7 Applicant (City) petitions LAFCO for approval of interim water and December
Take council reso to lafco. Lafco authorizes MOA (Interim service
wastewater service
agreement)
8 SLO County approves use of gravity sewer main in Fiero Lane 1/ 1/2016
FLWC provides City written confirmation from RWgCB that East Airport can
9 either relocate the existing wastewater treatment facility operated by the Complete
COMPANY or install a new wastewater treatment facility on their premises,
10 IFLWC prepares plans and bonding estimate for interim service connection 1/ 1/2016
IFLWC posts bond or cash equivalent for removal of interim service
11 1/15/201615/ 201fi
connection, and initiates construction
12 City approves interim service plans (assuming 1 round of comments) 1/15/2016
13 ILAFCO Review Hearing #1 February/March 2016 2 to 3 month timeline from application submittal to hearing
14 Applicant Annexation Submittal to City
applicant provides all materials needed by application checklist and
reviewing departments including maped infrastructure and a model on or before 4/1/2016 Application submittal must be deemed complete priorto step 15
showing performance of proposed system once hooked up to City service)
15 Interim water and sewer service begins on or before 4/1/2016
FLWC prepares Engineering Study for water and sewer infrastructure, which Study includes lot by lot analysis of meter size for impact fees- City will16
forms the basis of the Assessment Engineer's Report
7/ 1/2016
provide input on restoration of Fiera Lane pavement.
17 PC Review Hearing #2 (Annexation) September 2016
Date dependent on applicant submittal of complete application
materials
18 City approves Engineering Study (assuming 2 rounds of comments) 9/30/2016
city Council #2 (Council approves and executes LAFCO Annexation, Service Date dependent on applicant submittal of complete application19
Authorization, Addendum
November 2016
materials and PC recommendation
ILAFCO application submittal #2
20
Applicant (City) formally petitions LAFCO for approval of annexation
12/1/2016 4 to 6 month timeline from application submittal to hearing
FLWC prepares Assessment Engineer's Report for impact fees and
21 12/1/2016
l[infrastructure upgrades
23 LAFCO Review Hearing #2 4/1/17
IIf necessary, City prepares and approves master Use Permit or other24 4/1/2017
method to address existing uses
City completes Proposition 218 process and creates assessment or financing25 4/1/2017district
26 f=inancing District funds become available 7/ 1/2017
FLWC prepares construction plans and specifications for infrastructure
27 10/1/2017
improvements
28 City reviews and approves plans (assuming 2 rounds of comments) 1/15/2018
Construction of water and sewer improvements is completed, along with29 1/ 20197/1/2019
items referenced in MOA Section 3d,
30 City accepts constructed improvements and sets new meters. 9/1/2019
FLWC provides City parcel for construction of new lift station and easement Replacement of the City's Airport Lift Station was identified in 2015-1722
for new gravity main in Fiero Lane,
9/1/2019
Financial Plan, Capital Improvement Plan.
If necessary, FLWC relocates wastewater treatment plant to East Airport31
area
12/1/2019
32 Annexation completed and impact fees paid 1/ 1/2020
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ATTACHMENT 4
Packet Page 461
Fiero Lane/Clarion Court Annexation
Plan for Services – March 2016
Contents:
1. Law Enforcement
2. Fire Protection (Including Paramedic and Ambulance)
3. Parks and Recreation
4. Streets and Paths
5. Public Transit
6. Solid Waste and Recycling
7. Government Services, Development Review and Code Enforcement
8. Water and Wastewater
9. Storm Drainage
10. Affordable Housing
1. Law Enforcement
The San Luis Obispo Police Department provides a variety of law enforcement and
community services. Police services are based at 1042 Walnut at the intersection of
Santa Rosa (Highway 1) and Highway 101. The Department consists of 90 employees,
62 of which are sworn police officers. This results in a ratio of about 1.4 officers-per-
1000 residents. However, the City of San Luis Obispo is an employment center, so the
daytime population of the City’s urban area increases by about 30,000 people per day
over its resident population. Thus, the officers-per resident ratio can be a misleading
descriptor of service level.
The Department is divided into two police bureaus, with a Police Captain commanding
each. The Operations Bureau consists of a Patrol Services Division, a Traffic Safety Unit,
and a Situation Oriented Response Team, and Neighborhood Services. The majority of
the Operations Bureau resources are devoted to patrol services and traffic safety. The
Administrative Services Bureau consists of Administrative Services Division,
Investigative Division, Communications Division, Records Unit, and Information
Services Unit. This bureau provides services essential to law enforcement in the City and
the effective use of the Operations Bureau resources. According to the Safety Element of
the City’s General Plan, the Department has a 30% available-time objective for patrol
officers. Available time is the portion of time that a patrol unit is not already on call or
otherwise unavailable to respond to a new emergency call for service. The level of
service in the annexed territory is the same as in the rest of the city.
ATTACHMENT 5
Packet Page 462
City of San Luis Obispo Fiero Lane/Clarion Court Annexation
Plan for Services - Page 2
The Airport Area Specific Plan indicates that the proposed annexation will drive the need
for additional personnel and equipment to maintain the current level of service and meet
the available-time objective for patrol response. The Specific Plan also indicates the
potential need for a police substation/work area with urbanization of the area.
Resources are allocated to the Police Department through the City’s 2-year budget and
financial plan process. Requests for additional resources are weighed against other
potential uses of the City’s general fund. The City expected that service demands and
revenues both would increase upon annexation of the Airport Area. Increased service
demands will continue approximately in proportion to the amount of new development in
the area at a gradual pace over several years.
The level of service provided to the Fiero Lane/Clarion Court Annexation Area will be
the same as provided to the rest of the Specific Plan Area.
2. Fire Protection (Including Paramedic and Ambulance)
The City of San Luis Obispo Fire Department provides emergency and non-emergency
fire protection services in the City. Emergency services include fire response, emergency
medical response, hazardous materials response, and public assistance. Non-emergency
services include fire and life safety inspections, building inspections, building plan
checks, fire code investigations, arson investigations, and public education. Additionally,
the SLOFD is a member of a countywide team that responds to hazardous materials
incidents throughout the County.
The Fire Department operates 4 fire stations and has a firefighter/population ratio of
approximately 1 firefighter per 1,000 residents. Headquarters (Fire Station #1) is located
on the corner of Broad Street and South Street, Fire Station #3 is located at 1280 Laurel
Lane, and Fire Station #4 is located at the corner of Madonna and Los Osos Valley Road.
County Fire Station #21, which is located on the runway, provides for airport crash fire
rescue services. This station also provides emergency response services for a rather large
rural area. The City currently maintains a mutual aid agreement with Calfire to allow this
station to respond to matters within the airport area.
The Airport Area Specific Plan indicates that upon annexation of the plan area, the
Department’s minimum staffing level may need to be increased. In addition, because of
increased population and the increased potential hazards of the industrial area, the City
may need to add additional inspectors to augment existing staff.
The proximity of these stations to the Airport Area provide for emergency response times
of 4 minutes or less. The Fire Department’s standard of coverage recommends that a
three-person engine company, with paramedic, meet this standard 95 percent of the time.
All SLOFD engine companies (first responders during an emergency call) include at least
one paramedic.
In 2013, the Chevron EIR evaluated development and annexation of the Chevron
property and therefore evaluated the potential for fire department operational needs. The
EIR concluded that the majority of the Airport area is not within the City’s desired 4-
ATTACHMENT 5
Packet Page 463
City of San Luis Obispo Fiero Lane/Clarion Court Annexation
Plan for Services - Page 3
minute response time. However, this response time may be enhanced by the completion
of circulation improvements including the completion of Prado Road, Santa Fe Road, and
the widening of Tank Farm Road. Even with these improvements planned for the future,
the EIR concluded mitigation is necessary to achieve the City’s policy objectives for
response time (Safety Element Policy 10.3).
These mitigation measures are incorporated into the AASP as follows:
Policy 7.9.1: Adequate Fire Suppression Services and Facilities
The City shall provide adequate fire suppression services and facilities to the Airport Area, consistent
with the Safety Element of the General Plan, by completing area transportation improvements, co-
locating City fire services with existing CAL-Fire facilities located on Broad Street, and/or establishing
a permanent facility within the Airport Area.
Policy 7.9.2: Fire Station Location and Site Dedication
During the first phase of development of the Chevron Tank Farm site, property that is suitable for the
development of a new fire station shall be deeded to the City, to the approval of the Fire Chief.
Policy 7.9.3: Interim Safety Improvements
Until a permanent facility is developed that enables the City to achieve its response time objectives,
new development in the Airport Area may be required to finance other improvements that will
contribute to alleviating current deficiencies, as identified in the San Luis Obispo Fire Department
Master Plan (2009). This policy will be implemented on a case by case basis through conditions of
approval when project specific fire and life safety impacts are identified.
The proposed annexation was anticipated by the Airport Area Specific Plan. The Specific
Plan indicates that development of the plan will drive the need for additional personnel,
including firefighters and inspectors, to maintain the current level of service.
Resources are allocated to the Fire Department through the City’s 2-year budget and
financial plan process. Requests for additional resources are weighed against other
potential uses of the City’s general fund. The City expects that service demands and
revenues both will increase upon annexation. Increased service demands will continue
approximately in proportion to the amount of new development in the area at a gradual
pace over several years.
The level of service provided to the Fiero Lane/Clarion Court Annexation Area will be
the same as provided to the rest of the Specific Plan Area.
3. Parks and Recreation
The proposed annexation area is already developed and no additional development is
proposed at this time. The area does not include parkland because no residential
neighborhoods are proposed.
4. Streets Maintenance and Development
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The proposed annexation boundaries have been created in consideration of the City’s
ability to maintain public infrastructure within the annexation area. The City’s Pavement
Management Plan was originally adopted in 1998 and provides the framework for the
City’s maintenance program. The heart of the program is computer software that
analyzes the conditions of various street segments via special algorithms and then makes
maintenance recommendations according to the available budget. The City has purchased
MicroPaver, a program originally written by the Army Corps of Engineers to maintain
military bases. This program is made available to the public via the American Public
Works Department and the University of Illinois. It is continually updated and
maintained by the Corps and is in use throughout the United States and worldwide.
Within the annexation area, existing public streets will be upgraded to City standards by
the applicant and accepted by the City for maintenance upon completion of the upgrades.
Maintenance of existing streets within the annexed territory will be accomplished by
incorporating the streets into the pavement management program.
5. Public Transit
Currently the nearest bus route (Route 3) is located about 1,500 feet north of the
annexation area and the City’s Transportation Division is in the process of expanding
said route. No development is proposed in the annexation area, however, as development
occurs in the Airport Area, the potential for new or expanded bus routes will be evaluated
in accordance with the potential routes identified in the specific plans. New development
is responsible for providing transit facilities, such as turnouts, shelters and in some cases,
smart signs that indicate how soon the next bus will arrive.
6. Solid Waste and Recycling
The City of San Luis Obispo contracts with San Luis Garbage Company for garbage,
green waste and recycling services. San Luis Garbage disposes of solid waste at the Cold
Canyon Landfill, which is a regional facility. San Luis Garbage also serves commercial
and residential properties within the City’s urban reserve and no change in service is
expected for annexed properties.
The City also runs a construction and demolition debris recycling program (Municipal
Code Chapter 8.05). The goal of the program is to divert the bulk of the materials
generated from projects within the City of San Luis Obispo from the landfill and thus,
extend the landfill’s lifespan. Construction and demolition debris materials represent a
significant percentage of the City’s solid waste stream, with current estimates at 25
percent of the total tonnage. The program helps the City meet State-mandated
requirements for solid waste reduction.
7. Municipal Services, Development Review and Code Enforcement
The City of San Luis Obispo will provide for municipal services within the annexed
territory such as elections, public notices, development review, building permits and
inspections, subdivision review, permitting and inspecting public improvements, and
code enforcement. San Luis Obispo City government will provide for development
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review of all new development projects in accordance with the Airport Area Specific
Plan, and will coordinate with the County of San Luis Obispo with respect to on-going
construction projects and active construction permits. Code enforcement activities are
provided by full-time staff in the Community Development Department, in coordination
with the Police Department and the City Attorney’s Office. Government services are
based at City Hall, 990 Palm Street, San Luis Obispo.
8. Water and Wastewater
According to water metering records from the Fiero Lane Water Company (FLWC),
annual water demand for the Fiero Lane/Clarion Court annexation area is 8,293
units/year or 19 acre feet per year for both indoor and outdoor landscape use. The Airport
Area Specific Plan and the City’s General Plan anticipated the water demand to serve this
annexation and adequate water supplies are available to serve the build out of the City’s
General Plan.
The City has existing 12-inch potable water mains on Broad Street and Aerovista. For
interim service, a water meter is proposed to be located on Aerovista with a future
permanent meter location at Broad Street and Fiero Lane. The annexation area is in the
City’s Water Reuse Master Plan area and will be served with recycled water for
landscape irrigation in the future when the recycled water distribution system is extended
south on Broad Street.
Wastewater generation for the annexation area, including the 500,123.5 square feet of
developed area, is approximately 15,000 gallons per day. Connection to the City’s gravity
sewer is proposed to be located at the end of Fiero Lane (existing County-owned gravity
main carrying flow from the Airport) to the City’s Airport lift station. The Airport lift
station pumps flow to a gravity main on Broad Street that extends west on Tank Farm
Road to the Tank Farm lift station. Both facilities have capacity to serve the proposed
annexation.
Some parcels within the proposed annexation area are served by existing septic tanks.
Properties that receive access from Santa Fe Road will continue to use septic systems.
Properties remaining on septic tanks will be allowed to remain on septic until the system
fails or substantial additions or redevelopment of the property is proposed. At the time of
failure or substantial increase in development, those properties will be required to
connect to the sewer system.
In 2015, average flow to the City’s Water Resource Recovery Facility was 3.5 million
gallons per day (mgd). Design capacity of the WRRF is 5.1 mgd and the planned upgrade
to the facility will increase its capacity to 5.4 mgd. Adequate capacity is available at the
facility to serve the proposed annexation.
9. Storm Drainage
On-site flooding and the potential for increased downstream flooding have restricted
development potential in the Airport area. When considering how to address storm
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drainage in the area, a number of objectives are identified in the Airport Area Specific
Plan. These include:
Use the City’s Drainage Design Manual and Waterways Management Plan as the
basis for all detention requirements in the Specific Plan area.
Provide a method for flood protection consistent with the City’s Flood Damage
Prevention Regulations.
Maximize the opportunity for environmental enhancement of stream corridors and
stormwater detention and conveyance facilities.
Minimize capital expenditures.
Provide opportunities for multiple-use of storm drainage facilities.
Initially, an area-wide drainage solution was envisioned for the Airport Area. This
solution was referred to as the Storm Drain Master Plan and relied on significant creek
channel modifications to keep storm flows within existing creek channels, modified
natural channels, and in man-made by-pass channels. A regional detention basin south of
Buckley Road was proposed to detain water and prevent downstream flooding. After this
solution was developed, the City’s Waterwa ys Management Plan was approved, which
includes a Drainage Design Manual with standards for on-site storm water detention.
Once it became evident that the costs of the original Storm Drain Master Plan were
prohibitive, the Storm Drain Master Plan was revised to allow for on-site detention of
storm flows, consistent with the Drainage Design Manual.
The following proposed improvements and development requirements comprise the
revised Storm Drain Master Plan for the Airport Area, and also improve the upstream
situation in the Margarita Area:
1. Remove and replace existing Acacia Creek Bridge at Tank Farm Road with a
standard Caltrans 2-span concrete slab bridge.
2. Remove and replace existing East Branch San Luis Obispo Creek Bridge at Santa
Fe Road with a standard Caltrans 2-span concrete slab bridge.
3. Remove and replace the existing Tank Farm Creek culvert facilities at Tank Farm
Road with a standard Caltrans 2-span concrete slab bridge.
4. Apply the requirements of the City’s Floodplain Management Regulations to
proposed development within the Airport Area.
5. Apply the requirements of the City’s Waterways Management Plan, Drainage
Design Manual to proposed development within the Airport Area.
These proposed improvements, along with implementation of existing City-wide
ordinances and requirements are expected to provide 100-year flood protection and
provide for environmental enhancement of stream corridors. The analytical methods
outlined in the Waterway Management Plan, Drainage Design Manual will be used to
assist in the future design of flood control improvements.
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10. Affordable Housing
The proposed annexation area is currently developed with commercial structures/existing
commercial uses and no new development is proposed as part of this application.
Affordable housing would be required if new development is proposed in the future. Per
the City’s Inclusionary Housing Requirement (Zoning Regulations Chapter 17.91), any
new commercial projects that include over 2,500 square feet of floor area must provide
affordable housing or pay in-lieu fees. The requirement is two affordable dwelling units
per acre of land, or payment of an in-lieu fee equal to 5% of building valuation. The City
uses the fees collected for affordable housing projects that meet eligibility criteria as
specified by Council resolution.
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INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For EID-0626-2019
1. Project Title: Fiero Lane and Clarion Court Annexation
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Persons and Phone Number:
David Watson, Contract Planner
dave@watsonplanning.us (805) 704-8728
Shawna Scott, Senior Planner
sscott@slocity.org (805) 781-7176
4. Project Location:
The approximately 39-acre proposed annexation area is located on the west side of Broad Street,
approximately one-quarter mile south of Tank Farm Road. The site consists of 30 existing
parcels located along Fiero Lane, Clarion Court, and a portion of Santa Fe.
5. Project Sponsor’s Name and Address:
Matt Quaglino Fiero Lane Water Company
President, Fiero Lane Water Company c/o Rob Miller, PE
c/o Quaglino Properties Wallace Group
815 Fiero Lane 612 Clarion Court
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
6. General Plan Designation:
Current County of San Luis Obispo General Plan Designation: Commercial Service and
Industrial Land Use Categories
City of San Luis Obispo Proposed General Plan Designations: Business Park and Services &
Manufacturing (consistent with the Airport Area Specific Plan, Figure 4-1 Land Use
Designations)
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7. Zoning:
Proposed: Business Park (BP), Service Commercial (CS), and Manufacturing (M) (consistent
with the Airport Area Specific Plan, Figure 4-4 Zoning Designations)
Figure 2: Project Vicinity Map
Project location
Figure 1: Regional Location
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Description of the Project:
The Proposed Project includes annexation of approximately 39 acres of property into the City of
San Luis Obispo. The proposed annexation area is comprised of 30 parcels located in the vicinity
of Fiero Lane and Clarion Court, near the San Luis Obispo Regional Airport (Reference Source
1, Fiero Lane-Clarion Court Proposed Annexation Area). The Fiero Lane-Clarion Court
annexation and service area is located within the Airport Area Specific Plan (AASP) located
generally in and around 850 Fiero Lane, San Luis Obispo, California 93401. Approximately 90
percent of the properties within the annexation area are developed with businesses currently
operating under San Luis Obispo County regulations.
The subject area is identified in a previously approved 2015 Memorandum of Agreement (MOA)
between the City and the Fiero Lane Water Company (FLWC) that provides (i) interim water
and wastewater services to the Fiero Lane and Clarion Court properties located in the Fiero Lane
Annexation area west of Broad Street, and (ii) provides for annexation of these properties into
the City of San Luis Obispo. A First Amendment to this MOA was approved by the City Council
on March 19, 2019, which allowed additional time (one year) to complete the application
submittal and processing of the annexation with the San Luis Obispo County Local Agency
Formation Commission (LAFCO). In 2015 the City Council adopted Resolution No. 10678,
which provided for the two phases of the project, as summarized below:
Phase 1 (Memorandum of Agreement):
This phase included an interim hookup to City water and sewer facilities after initial Council and
LAFCO authorization. The physical changes to the City’s infrastructure system were limited to
the following:
Disconnection from the FLWC Wastewater Treatment Plant (WWTP).
Sewer system connection for the proposed annexation area, including approximately 30
feet of temporary sewer force main construction in existing disturbed street areas.
Potable water system connection for the proposed annexation area at a single point,
including minor temporary pipeline construction in existing disturbed areas.
Phase 2: (Annexation):
During this phase, City and FLWC staff have defined the detailed improvements required for
permanent connections to City systems. During Phase 2, improvements would include:
Decommissioning of the existing WWTP, including potential relocation of required plant
equipment to the East Airport area (refer to description of wastewater alternatives below,
under Plan for Services).
Installation of new water meters
Installation of recycled water main on Broad Street
Reconfiguration of sewer laterals along Fiero Lane to connect to the existing airport
gravity sewer
Pavement rehabilitation and sidewalk repairs within Fiero Lane
Other improvements identified in the MOA between the City and FLWC
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Plan For Services
The proposed annexation area has been analyzed to identify their impact on overall City services.
To document this analysis and the recommendations derived from that analysis, a Plan For
Services has been developed and adopted in 2015 for the FLWC annexation area. A summary of
the Plan for Services is included below.
Current Conditions – Fiero Lane-Clarion Court Annexation Area. Fiero Lane and Clarion
Court provide vehicular access to the area. These roads do not intersect; each is a cul-de-sac
dead end. Fiero Lane access comes from Broad Street and Clarion Court is accessed via Santa
Fe Road. At this time the Santa Fe Bridge facility is not intended to be annexed. No
improvements to the bridge are identified with this action. Domestic water is delivered by the
City via the water distribution system from Broad Street along Aero Vista Lane to the water
holding tank near the center of the annexation area. Water is distributed from the tank via
pressurized water lines installed with the original developments of the area.
Wastewater is collected by both gravity and force main/lift stations and conveyed to a private
treatment plant operated by the Fiero Lane Water Company at the end of Fiero Lane. Treated
wastewater is disposed of in a leach field system to the immediate south (and outside) the
annexation area.
Emergency services are provided by the County, but these areas are also supported by the City
under mutual aid agreements between the City and County. General government services are
provided by the County. Storm water management, collection and disposal is handled by the
private property owners under County-approved plans. Solid waste services are provided by the
County via private contract with local waste and recycling providers.
Post-Annexation Conditions – Fiero Lane-Clarion Court Annexation Area. Roadway
rehabilitation and upgrades are planned to bring the roads, walkways and street signage up to
City standards. Following annexation, the roads, curbs, gutters and sidewalks will be maintained
by the City under the Pavement Management Plan.
Water system upgrades for the annexation area will include some main line and hydrant
replacements, water meter replacements, valving and backflow prevention will be installed. The
current interim water service will become permanent under the annexation proposal.
Conversion of the Fiero Lane-Clarion Court area to the City’s wastewater system will occur
following City installation of a gravity collection line along Fiero Lane that will serve to collect
wastewater from the location of the existing Fiero Lane Water Company wastewater plant (at the
end of Fiero Lane cul-de-sac). This new City line would convey wastewater by gravity to an
existing wastewater main line in Broad Street, and from there is conveyed to the City’s Water
Resource Recovery Facility (WRRF). Until such time as this conversion occurs, the private
FLWC treatment plant and disposal system will continue to operate as currently constituted.
Much of the existing collection system within the annexation area along Clarion Court will
remain a private collection and conveyance system, ultimately sending wastewater to the City’s
new gravity main at Fiero Lane noted above. A new lift station in the vicinity of the FLWC
wastewater plant is also planned. Following the connections of the various properties in the
Fiero Lane-Clarion Court Annexation Area, the wastewater plant will be decommissioned at this
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location. It is possible this plant would be moved to the East Airport Annexation Area to serve
those users as noted earlier and briefly summarized below.
Preferred Wastewater Alternative: The FLWC wastewater system will be converted to
interconnect with a gravity collection line in Broad Street, and from there is conveyed to the
City’s WRRF. The force main and lift station currently serving the area would be abandoned.
The timing of this work is contingent on the decommissioning of the FLWC wastewater plant
following the connections of the various properties in the Fiero Lane-Clarion Court Annexation
Area.
Interim Wastewater Alternative: If annexation of the East Airport Area is delayed, or
improvements are not completed at the time of the FLWC wastewater plant decommissioning, it
is possible this treatment plant would be moved to the East Airport Annexation Area to serve
those users on an interim basis. The proposed parcel identified by FLWC is APN 076-512-028
(1275 Prospect) – this parcel is currently developed with existing FLWC facilities. In such a
case, FLWC proposes that treated wastewater would be conveyed via the lift station and force
main on the East Airport area to the existing disposal field currently serving the FLWC plant,
west of Broad Street.
Recycled water supplies are also included in the Plan For Services, with extensions made by the
applicants within the annexation area, to facilitate connection to this supply when it can be made
available.
Police and Fire emergency services would be provided by the City. It is expected the mutual aid
agreements would remain between the City and County. General government services would be
assumed by the City. Storm water management and solid waste services would continue as
presently exist.
At this time the tasks required under Phase 1 of the MOA have been completed and the
properties are now prepared to submit the annexation request to the City and LAFCO, and
implement the improvements identified in Phase 2.
Previous environmental review for this Project included the 2005 Final EIR certified for the
Airport Area and Margarita Area Specific Plans, a 2015 Addendum to this 2005 Final EIR, and
the 2014 General Plan Land Use and Circulation Element Update (LUCE) EIR. These materials
are relied on and incorporated herein for this analysis. Tiering off earlier environmental studies
is allowed by CEQA, essentially further refining impact analysis and mitigation strategies as new
or changed circumstances arise. It also allows previous work to be reaffirmed as adequate for
the review of the next stage of a given project.
8. Other public agencies whose approval is required:
San Luis Obispo County Local Agency Formation Commission (LAFCO) – interim
services agreement and annexation (Responsible Agency), Air Pollution Control District,
Regional Water Quality Control Board, County of San Luis Obispo (for re-located
wastewater treatment package plant)
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9.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?
Native American Tribes have been notified about the project consistent with City and State
regulations. The Northern Chumash Tribal Council (February 8, 2019) has noted that the
existence of development and infrastructure within the annexation area does not preclude the
presence of cultural resources.
Attachments
1.Resolution No. 10678, including 2015 Memorandum of Agreement (MOA) between City and Fiero
Lane Water Company
2.Resolution No. 10994 approving the First Amendment providing for an extension to the 2015 MOA
between City and Fiero Lane Water Company
3. Fiero Lane / Clarion Court “Plan For Services”, March 2016
Refer to Attachments 2, 4, and 5 included in Planning Commission Agenda Package.
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following
pages.
Aesthetics Greenhouse Gas Emissions Population and Housing
Agricultural Resources Hazards & Hazardous
Materials Public Services
X Air Quality Hydrology/Water Quality Recreation
Biological Resources Land Use and Planning Transportation & Traffic
X Cultural Resources Energy & Mineral Resources X Utilities and Service
Systems
Geology/Soils Noise X Tribal Cultural Resources
Mandatory Findings of
Significance
FISH AND GAME FEES
There is no evidence before the Department that the project will have any potential adverse effects on fish
and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a
de minimis waiver with regards to the filing of Fish and Game Fees.
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 Game 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 Game, 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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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. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever
format is selected.
9. The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance
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1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 2,3,4,
5, 17 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?
2,3,4,
5, 17 X
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
2,3,4,
5, 17 X
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
2,3,4,
5, 17 X
Evaluation
Existing Visual Conditions. The Airport area is currently developed with a mix of light industrial and service manufacturing
uses along with contractor and professional services. Views in the Airport area include the Santa Lucia Range, Islay Hill, and
the hills located at the north end of the Margarita area that separate it from the city to the north.
a) Based on Conservation and Open Space Element Figure 11: Scenic Roadways and Vistas, there are no designed Scenic
Cones of View in or facing towards the proposed annexation area, although the section of Broad Street near the intersection
with Fiero Lane, and a section of Tank Farm Road west of Santa Fe are designated as having high scenic value. The AASP
notes that the Santa Lucia Mountains and foothills are important features in establishing the character of the Airport Area,
and AASP Chapter 5 (Community Design) includes design guidelines and performance standards, which are in place to
protect views and the area’s unique sense of place. The proposed annexation area is largely built-out and based on the
presence of existing development and mature trees within and adjacent to the annexation area, views of surrounding hills and
ridgelines are limited.
The proposed Project would allow for future development, which would be consistent and compatible with the underlying
and surrounding land use designations, based on compliance with the AASP and City standards. Implementation of the
proposed Project, including proposed infrastructure improvements, would not significantly change the existing visual
character of the project area, as the area is approximately 90 percent built-out with commercial, office, and light industrial
uses, and the zoning designations under the AASP (Business Park, Service Commercial, and Manufacturing) allow or
conditionally allow for similar uses.
The AASP Final EIR analyzed impacts related to aesthetics as a result of development of the AASP area, including the
Project site. The proposed Project supports implementation of goals and policies contained within the AASP and would be
fully consistent with both the AASP and the analysis contained in the AASP Final EIR. Therefore, this impact is considered
less than significant.
b) The affected section of State Route 227 (Broad Street) is not designed a scenic route by the California Department of
Transportation or the County of San Luis Obispo. As noted above, the City’s Conservation and Open Space Element
identifies the section of Broad Street near the intersection with Fiero Lane, and a section of Tank Farm Road west of Santa Fe
as having high scenic value. Implementation of the proposed Project would not result in the removal of any substantial trees,
rock outcroppings, or buildings of historical significance, and future development would be subject to the adopted guidelines
and performance standards identified in the AASP and the City’s Zoning Regulations and Community Design Guidelines.
Therefore, there is a less than significant impact.
c) The AASP Final EIR identified a significant and unavoidable impact (Impact LU-6: Change in Views) as a result of
buildout of the AASP area and urbanization of the south end of the City. A Statement of Overriding Considerations was
adopted upon certification of the AASP Final EIR and adoption of the AASP. As noted above, the proposed annexation area
is currently urbanized and developed with commercial, office, and light industrial uses. Future development of the Project
site would be visually compatible with the surrounding uses and would not significantly degrade the existing visual quality of
the surrounding area, because it would be consistent with existing development, and subject to adopted AASP design
guidelines and performance standards and the City’s Community Design Guidelines. The proposed site for the potentially-
relocated package wastewater treatment facility is currently developed with FLWC facilities, and would not result in a
significant visual change. Therefore, this is considered a less than significant impact.
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Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
11
d) Consistent with the analysis in the AASP Final EIR (Impact LU-7: Potential Increase in Daytime/Nighttime Light and
Glare), future development within the proposed annexation area would contribute to an increase in light and glare from
exterior lighting and materials. Pursuant to the AASP Final EIR and adopted AASP, future development shall comply with
lighting guidelines and standards, consistent with AASP Final EIR Mitigation Measure LU-7.1 (Incorporate Lighting Design
Standards into Margarita and Airport Area Specific Plans). In addition, future projects would comply with AASP guidelines
that discourage reflective or shiny exterior finishes (see AASP Materials and Colors, Goal 5.14, Guideline C). Future projects
would also be subject to Zoning Regulations Section 17.70.100 (Lighting and Night Sky Preservation), which requires
shielding and other methods to minimize light intrusion. Compliance with existing AASP guidelines and the Zoning
Regulations would ensure impacts related to light and glare would be less than significant.
Conclusion: Less than significant impacts. The area is designated for business park and service-manufacturing uses under
the AASP. Future development would be subject to AASP guidelines, City Community Design Guidelines, and performance
measures and standards identified in the Zoning Regulations that address aesthetics, and based on the scope of the proposed
annexation project, no additional mitigation measures beyond these identified requirements are necessary.
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?
2,4,6,
7,13 X
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
2,4,6,
7,13 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 or conversion of forest land to non-forest
use?
2,4,6,
7,13 X
Evaluation
The FEIR for the AASP analyzed the potential impact of development in the AASP (including the proposed annexation).
Consistent with the strategy of the General Plan, the specific plan aims to accommodate urban development inside the urban
reserve line while protecting land outside the urban area for open space, agricultural, and rural uses. No agricultural zoning or
lands under Williamson Act contract are present with the proposed annexation area.
a-b-c) The Proposed Project does not affect any existing or future agricultural activities. The subject service and annexation
area is not in agricultural use, is not located on lands considered prime agricultural soils, is in an area long designated for
annexation and infill development. There is no agricultural zoning or Williamson Act Contract in effect, and no grazing on
the subject site.
Conclusion: No impact.
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?
2,4,5,
11,12 X
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
2,4,5,
11,12 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 qualitative
thresholds for ozone precursors)?
2,4,5,
11,12 X
ATTACHMENT 6
Packet Page 479
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
12
d) Expose sensitive receptors to substantial pollutant
concentrations?
2,4,5,
11,12 X
e) Create objectionable odors affecting a substantial number of
people?
2,4,5,
11,12
X
Evaluation
As discussed in the AASP FEIR, local climate conditions are generally characterized by warm, dry summers and cooler,
rainy winters. The Edna Valley in which the Fiero Lane-Clarion Court annexation area is located is generally affected by
offshore cooling conditions and airflow through the valley from Morro Bay to the north. These wind patterns change
frequently, but prevailing conditions as described have a tendency to restrict dispersion of pollutants for a matter of days
which has led to periodic higher ozone level readings. To address this, the City relies on Federal-State-County APCD quality
standards and monitoring, as well as a robust Climate Action Plan adopted by the City.
The Air Quality impacts and mitigation measures developed for the AASP and FEIR identified thresholds for ground
disturbance (such as 1,950 cu/yds per day or 4.0 acres of grading or larger) that would trigger additional environmental
review. No new private development is permitted by this annexation, and any future development post-annexation would be
subject to the AASP and the City’s Municipal Code and Zoning Regulations, which stipulate required levels of review.
Infrastructure improvements identified for the proposed annexation, including infrastructure conversions and connections to
bring private users into the City’s utility system are located within previously disturbed street rights-of-way.
To address these factors, several protocols have been imposed to address both short-term quality concerns (generally
construction-oriented emission mitigations) as well as longer-term emission reduction targets that rely on site design, traffic
management, alternative energy techniques and similar options to minimize overall air quality impacts. The annexation of the
exiting developed Fiero Lane-Clarion Court area will not materially change these existing conditions. Future development
proposed within the subject area would be required to address these requirements as individual projects are evaluated.
a) Annexation of the existing developed Fiero Lane-Clarion Court area would occur as anticipated in the AASP, and will not
materially change existing conditions. Infrastructure improvements would occur within developed roadways and utility
corridors that currently serve urban development, and would not result in an expansion of urban areas beyond what was
anticipated and analyzed in the AASP FEIR, which determined that implementation of the AASP would be consistent with
the APCD’s 1998 Clean Air Plan. While the Clean Air Plan was updated in 2001, the proposed annexation and associated
infrastructure improvements would be consistent with this plan because the Transportation and Land Use Control Measures
recommended in the 1998 plan to reduce emissions were incorporated into the attainment strategy for the 2001 Clean Air
Plan. In addition, the proposed annexation would not change the anticipated zoning and land use designations identified in
the AASP for the subject area. Therefore, the proposed project is consistent with the adopted Clean Air Plan.
b-c) Based on the APCD’s San Luis Obispo County Attainment Status table (APCD, 2019), San Luis Obispo County is in
non-attainment with California standards for ozone and respirable particulate matter. Potential short-term impacts resulting
from build-out of the AASP area (including the proposed annexation area) were determined to be less than significant based
on implementation of APCD construction emission mitigations identified in the AASP FEIR (AASP FEIR: Impact AIR-1:
Short-term Construction Impacts; Mitigation Measure AIR-1.1 Construction-related Combustion Emissions Mitigation;
Mitigation Measure AIR-1.2 Construction-Related Fugitive Dust (PM10) Mitigation; Mitigation Measure AIR-1.3
Construction-Related Activity Management Techniques). Long-term operational emissions were determined to be less than
significant (AASP FEIR: Impact AIR-2 Long-term Operation Emissions; Mitigation Measure AIR-2.1 Implement Growth-
Phasing Schedule).
Construction of infrastructure improvements would result in the short-term generation of air emissions, including ozone
precursors, reactive organic gasses, and diesel and dust particulates. In addition, ground disturbing activities and
improvements to utility infrastructure has the potential to result in exposure to naturally occurring and materials containing
asbestos. Land uses in the affected area consist of commercial, office, manufacturing, and light industrial uses, none of which
are considered sensitive uses as defined by the APCD’s CEQA Handbook. Infrastructure construction is subject to APCD
mitigation measures, and compliance with these measures would reduce potential impacts to less than significant. Relocation
of the existing wastewater treatment package plant would not result in additional operational emissions exceeding existing
conditions. Based on updates to the APCD’s CEQA Air Quality Handbook in 2012 and 2017, current mitigation measures
ATTACHMENT 6
Packet Page 480
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
13
applicable to the infrastructure improvements are identified below, and these measures are equal or more effective than the
air quality measures previously-adopted in association with the AASP FEIR:
Mitigation Measures
AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as a toxic air contaminant by
the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading,
Quarrying, and Surface Mining Operations, prior to any grading activities a geologic evaluation shall be conducted to
determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed
with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos
ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for
approval by the APCD. More information on NOA can be found at http://www.slocleanair.org/business/asbestos.asp.
AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including
issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing
materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility
pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a
building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements
stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These
requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified
Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. More information on Asbestos
can be found at http://www.slocleanair.org/business/asbestos.php.
AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative material within San Luis
Obispo County.
AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during construction activities will
require California statewide portable equipment registration (issued by the ARB) or an Air District permit. The following list
is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as
exclusive: power screens, conveyors, diesel engines, and/or crushers; portable generators and equipment with engines that are
50 hp or greater; internal combustion engines; unconfined abrasive blasting operations; concrete batch plants; rock and
pavement crushing; tub grinders; and, trommel screens.
AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation measures for reducing nitrogen
oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are
listed below:
a. Maintain all construction equipment in proper tune according to manufacturer’s specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed
version suitable for use off-road);
c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel
engines, and comply with the State off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel
engines, and comply with the State On-Road Regulation;
e. Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards
identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative
compliance;
f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated
queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and,
k. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG),
liquefied natural gas (LNG), propane or biodiesel.
ATTACHMENT 6
Packet Page 481
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
14
AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated ozone precursor emissions
from the actual fleet for a given construction phase are expected to exceed the APCD threshold of significance after the
standard mitigation measures are factored into the estimation, then BACT needs to be implemented to further reduce these
impacts. The BACT measures can include:
a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines;
b. Repowering equipment with the cleanest engines available; and
c. Installing California Verified Diesel Emission Control Strategies. These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4-acres and that are not within 1,000
feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to
significantly reduce fugitive dust emissions:
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from
exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used
whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder
shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for
dust control;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should
be laid as soon as possible after grading unless seeding or soil binders are used;
e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the
implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity,
and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be
in progress.
d-e) The AASP FEIR did not identify any sensitive receptors in the subject annexation area nor did these documents find any
objectional odors would occur as a result of the annexation of these lands into the City. Identified infrastructure
improvements do not include any actions that would generate objectionable odors. No new sensitive receptors are present
within or adjacent to the subject area and future development would occur consistent with the adopted AASP. Therefore,
potential impacts would be less than significant.
Conclusion: Less than significant impact upon implementation of previously identified mitigation measures. Annexation of
the subject area and service to existing uses will not result in changes in ambient air quality conditions in the vicinity. No
new development is included as part of the contemplated service and annexation proposal, and implementation of
infrastructure improvements is subject to previously- adopted identified mitigation measures noted above as AQ-1 through
AQ-7 from the AASP FEIR, as updated based on the current effective APCD CEQA Air Quality Handbook. Future projects
would be required to have independent CEQA review and requirements would be imposed as needed to comply with City
and APCD Plans.
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?
2,4,5,
6,13,
17
X
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional
plans, policies, regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service?
2,4,5,
6,13,
17 X
ATTACHMENT 6
Packet Page 482
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
15
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, marshes, vernal pools, etc.)
through direct removal, filling, hydrological interruption, or
other means?
2,4,5,
6,13,
17 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
wildlife nursery sites?
2,4,5,
6,13,
17 X
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
2,4,5,
6,13,
17
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?
2,4,5,
6,13,
17
X
Evaluation
The larger context Airport Area contains the following natural communities (Figure 3C-1 and Table 3C-2; AASP FEIR):
non-native grasslands, including several large patches of valley needlegrass grassland; and a matrix of coyote brush scrub,
open water, freshwater marsh and seasonal wetland, riparian woodland and scrub, agricultural fields, and developed and
ruderal areas. The larger area analyzed in the FEIR comprised some 404 acres. The subject Fiero Lane-Clarion Court
annexation area comprises a smaller subset of approximately 39 acres. Specific habitat types noted in the FEIR for this area
included annual grasslands, riparian habitat along the northerly drainage course and ruderal disturbed areas. As noted in the
FEIR, none of the smaller subset of subject properties represent a significant sensitive resource area.
The annexation will trigger the installation of various road and utility upgrades and improvements to serve the annexation
area with City services. These upgrades and improvements, all detailed in Initial Study Sources #8-9-10, are all located
within areas of existing disturbance (largely developed public and private streets) such that no utility systems needed to serve
the annexation area will require disturbance to established and mapped wetland resources, sensitive natural communities,
grassland disturbance riparian habitats or special status species as noted in the AASP FEIR. The relocated wastewater
treatment package plant would be located within Tract 2368 (East Airport), a subdivision currently within the County of San
Luis Obispo, on a site currently developed with existing FLWC facilities (1275 Prospect). Pursuant to the MND that was
adopted by the County upon approval of Tract 2368, the proposed relocation site contains non-native grassland habitat, and
the results of a botanical survey noted that no sensitive or special-status species are present.
a) No modifications to established habitat areas would result from the annexation of the subject Fiero Lane-Clarion Court
properties and/or the installation of needed infrastructure (as addressed in Utilities, Transportation or Public Services section
noted below) to serve the annexation area. Therefore, potential impacts would be less than significant. Any future projects
considered by the City in the subject area would be required to meet City policies and regulations, as well as comply with
California Fish and Wildlife and/or US Fish and Wildlife Service standards.
b-c) The northern extent of the proposed annexation area is bounded by an existing creek and associated riparian corridor.
The parcels adjacent to the creek are currently developed. No infrastructure improvements are identified within or proximate
to this riparian corridor, and no removal, filling, hydrological interruptions or other direct impacts to local resources are
proposed with the annexation and infrastructure improvements noted herein. Therefore, implementation of the annexation
and associated infrastructure improvements (located within established parcels and roadways) would not directly affect any
riparian habitat, wetland habitat, or natural communities identified in the AASP FEIR. Therefore, potential impacts would be
less than significant.
d) The proposed annexation area is largely developed, and does not provide upland habitat suitable for wildlife migratory
corridors. The proposed annexation would not require any infrastructure improvements that would affect wildlife within the
existing riparian corridor, and no tree removals or disturbance of natural habitats would occur. Therefore, potential impacts
would be less than significant, and no mitigation measures are required.
ATTACHMENT 6
Packet Page 483
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
16
e) The AASP FEIR did not identify any significant or sensitive biological resources located within the subject annexation
area. No tree removal or other potentially adverse modifications to the lands are proposed by the annexation. Therefore,
potential impacts would be less than significant, and no mitigation measures are required.
f) There are no adopted Habitat or Natural Community Conservation Plans that identify or address the subject area. Based on
the land use category and zoning identified in the City’s General Plan and AASP (Business Park and Services &
Manufacturing), and lack of sensitive habitat within areas proposed for infrastructure improvements consistent with the
AASP, the Proposed Project would be consistent with the City’s Conservation and Open Space Element.
Conclusion: Less than significant impact.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historic resource? (See CEQA Guidelines 15064.5)
4,5,6,
13, 17 X
b) Cause a substantial adverse change in the significance of an
archaeological resource? (See CEQA Guidelines 15064.5)
4,5,6,
13,17 X
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
4,5,6,
13, 17 X
d) Disturb any human remains, including those interred outside of
formal cemeteries?
4,5,6,
13, 17 X
Evaluation
The AASP FEIR noted that at that time, multiple field surveys had been conducted within the larger Airport Area and with
the exception of a historic building near Buckley Road, no cultural resources were noted in the area. The AASP and FEIR
provide that any work conducted in areas where surveys have not been done shall include such surveys into their project
planning and development. To the extent that road and utility installations occur within previously disturbed areas, it is
unlikely that any potential significant impacts to resources may occur. As is the case with all public works projects, in the
event of unforeseen encounter of materials suspected to be of cultural significance, established protocols include suspending
work pending more detailed review and consultation over such finds/findings.
Native American Tribes have been notified about the project consistent with City and State regulations. The Northern
Chumash Tribal Council (February 8, 2019) has noted that the existence of development and infrastructure within the
annexation area does not preclude the presence of cultural resources. No evidence has been provided that would suggest any
known resources are located within the subject annexation area.
a, b, c, d) Based on the certified AASP FEIR, no cultural resources were documented within the subject area. Based on the
adopted MND for Tract 2368, no cultural resources were documented within the parcel proposed for the potentially-relocated
wastewater treatment package plant. In addition, pursuant to the adopted MND for Tract 2368, relocation of the plant within
this area is subject to the following mitigation measure:
Mitigation Measure
CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are
unearthed or discovered during any construction activities, the following standards apply:
a. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that
the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts
may be accomplished in accordance with state and federal law, and in consultation with local Native American tribal
organizations.
b. In the event archaeological resources are found to include human remains, or in any other case where human remains are
discovered during construction, the County Coroner is to be notified in addition to the Planning Department and
Environmental Coordinator so that proper disposition may be accomplished.
ATTACHMENT 6
Packet Page 484
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
17
Infrastructure improvements would occur within existing roadways and utility corridors. In the unlikely event of resource
discovery, City of San Luis Obispo Archaeological Resource Preservation Program Guidelines Section 4.60.1 requires that
all construction activities that may disrupt those materials shall cease and the Community Development Director shall be
notified immediately of the discovery of archaeological materials. Based on the results of cultural resource studies within the
subject area, location of infrastructure improvements, and compliance with adopted Guidelines in place to protect cultural
resources upon inadvertent and unlikely discovery, potential impacts would be less than significant.
Conclusion: Less than significant impact upon implementation of previously identified mitigation measures.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse
effects, including risk of loss, injury or death involving:
I. Rupture of a known earthquake fault, as delineated in 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.
2,4,5,
13 X
II. Strong seismic ground shaking? 5,13 X
III. Seismic-related ground failure, including liquefaction? 5,13 X
IV. Landslides or mudflows? 5,13 X
b) Result in substantial soil erosion or the loss of topsoil? 5,13 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 landslides, lateral spreading, subsidence,
liquefaction, or collapse?
2,4,5,
13 X
d) Be located on expansive soil, as defined in Table 18-1-B of the
Uniform Building Code (1994), creating substantial risks to life
or property?
2,4,5,
13 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?
2,4,5,
13 X
Evaluation:
San Luis Obispo lies within the southern Coast Range Geomorphic Provence, between the Central California Valley and
Pacific Ocean. Rock types in the San Luis Obispo area are mainly comprised of volcanic, metavolcanics, and melanges of
serpentinite and graywacke sandstone. These rocks are highly fractured and are part of the Mesozoic aged Franciscan
Formation. The predominant northwest-southeast trending structures of the Coast Range Province are related to the San
Andreas Fault Transform Boundary. According to the Geologic Map of California, San Luis Obispo Sheet published by the
California Division of Mines and Geology (CDMG) in 1978, the site vicinity is underlain by the Franciscan Formation and
Tertiary intrusive rocks. The nearest fault mapped in the site vicinity by Jennings (1994) is the Edna Fault, which is actually
a fault zone that lies approximately 1-2 miles to the northwest of the project site. This fault zone generally trends along the
northern flank of the Irish Hills.
Previous analysis under the AASP and General Plan has noted that for the general conditions in the subject area, individual
geologic studies are required to consider any proposed development projects. These studies have not identified specific areas
within the AASP that would be prohibited from development due to geologic conditions or significant adverse conditions.
Detailed geologic analysis specific to any proposed site or development would be provided consistent with city regulations to
identify potential impacts and mitigation measures accordingly.
a) The subject annexation property has not been identified to be subject to significant seismic constraints in the AASP FEIR.
Based on this, no significant impacts related to seismic activity, landslides, or mudflow would occur during implementation
of infrastructure improvements, and future analysis for project specific development will be conducted to analyze such
potential impacts as appropriate with new development, as required by the California Building Code.
ATTACHMENT 6
Packet Page 485
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
18
b-c-d-e) The action of annexation will not result in physical impacts on the environment, with the exception of infrastructure
improvements. Based on the location of infrastructure improvements, which would occur in areas with existing roads and
utility corridors, and compliance with erosion and stormwater control measures as dictated by the City’s Municipal Code and
Standard Specifications and Engineering Standards (May 2018), potential impacts related to soil erosion, expansive soils, or
unstable geologic soils conditions would be less than significant. No septic tanks are proposed as part of the annexation area,
as existing and future development would connect to City sewer infrastructure.
Conclusion: Less than significant Impact
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? 11,12 X
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases.
2,3,4,
11,12 X
Evaluation
In response to an increase in man-made greenhouse gas (GHG) concentrations over the past 150 years, California has
implemented legislation to reduce statewide emissions. Assembly Bill 32 (AB 32) codifies the Statewide goal of reducing
emissions to 1990 levels by 2020 (essentially a 15% reduction below 2005 emission levels) and the adoption of regulations to
require reporting and verification of statewide GHG emissions. Senate Bill 32 (SB 32) extends AB 32, requiring the State to
further reduce GHGs to 40 percent below 1990 levels by 2030. On December 14, 2017, the California Air Resources Board
(ARB) adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 statewide target set by SB 32.
The 2017 Scoping Plan does not provide project-level thresholds for land use development. Instead, it recommends that local
governments adopt policies and locally-appropriate quantitative thresholds consistent with a statewide per capita goal of six
metric tons (MT) CO2e by 2030 and two MT CO2e by 2050 (ARB 2017). As stated in the 2017 Scoping Plan, these goals
may be appropriate for plan-level analyses (city, county, sub-regional, or regional level), but not for specific individual
projects because they include all emissions sectors in the State.
The vast majority of individual projects do not generate sufficient GHG emissions to directly influence climate change.
However, physical changes caused by a project can contribute incrementally to cumulative effects that are significant, even if
individual changes resulting from a project are limited. The issue of climate change typically involves an analysis of whether
a project’s contribution towards an impact would be cumulatively considerable. “Cumulatively considerable” means that the
incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other
current projects, and probable future projects (CEQA Guidelines, Section 15064[h][1]).
a, b) The action of annexation would not result in the generation of greenhouse gas emissions. Continued interim service by
the City to existing uses in the County, and the annexation of those existing uses, do not result in changes to air emissions
conditions in the area. Construction-related emissions would occur during the implementation of infrastructure
improvements; however, these emissions would be short-term, and based on the limited scope of the action, would not have a
significant impact on the environment or impair the achievement of greenhouse gas reductions by 2050. Furthermore,
compliance with mitigation measures identified in Section 3 (Air Quality) would reduce the project’s contribution to air
emissions during construction of infrastructure improvements.
Conclusion: Less than significant impact
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?
2,4,5,
13 X
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
2,4,5,
13 X
ATTACHMENT 6
Packet Page 486
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
19
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
2,4,5,
13 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, it would create a significant hazard to
the public or the environment?
2,4,5,
13,
15,
16, 17
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?
2,4,5,
13 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?
2,4,5,
13 X
g) Impair implementation of, or physically interfere with, the
adopted emergency response plan or emergency evacuation
plan?
2,4,5,
13 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 residents are
intermixed with wildlands?
2,4,5,
13 X
Evaluation
The subject annexation area and area to be affected by infrastructure improvements are located on the eastern edge of the San
Luis Obispo County Regional Airport, on the west side of Broad Street (State Route 227). Previous studies conducted for the
AASP FEIR and LUCE Update FEIR acknowledge significant contamination of soils within the Airport Area as a result of
the Unocal Tank Farm lightning strike and fire, almost 90 years ago (1926). Ongoing remediation efforts and planning have
been actively underway since the late 1980’s along Tank Farm Road. The subject annexation area does not fall within the
documented contaminated areas from these prior studies. Based on review of the GeoTracker and Envirostor databases, there
are no hazardous waste sites within the annexation area.
The project site is located within the boundaries of the AASP, which was reviewed and approved by the Airport Land Use
Commission. The annexation area is located within Airport Safety Zones S-1b and S-1-c. Following annexation, future
development would be subject to development limitations and standards identified in the AASP and Zoning Regulations
Chapter 17.64 (Airport [AOZ] Overlay Zone), which are required to ensure compatibility with existing and future airport
operations, and to prohibit the establishment of incompatible uses and further expansion of incompatible uses what could
detrimentally affect long-term economic viability of the airport, and to avoid or minimize exposure of persons to potential
hazards associated with current and future airport operations.
a, b) The proposed annexation will not create a hazard to the public as there will be no transport, use or disposal of hazardous
chemicals permitted by the annexation action. Implementation of infrastructure improvements would consist of standard
construction practices and would not involve the use or storage of large quantities of hazardous materials. Small quantities of
potentially hazardous materials such as fuels, lubricants, and solvents would be used during construction of the project.
California Health and Safety Code, Division 20, Chapter 6.5, and California Code of Regulations Title 22 – Hazardous Waste
Management states that waste that is toxic, corrosive, flammable, or reactive when tested in accordance with the California
Code of Regulations, Title 22, Article 11, Section 66693, must be handled, stored, transported, and disposed of in accordance
with these regulations, which are more stringent than federal regulations. The transport of materials during the construction
of the project could pose a threat to residents and people in the area. An accident involving such trucks could potentially
expose nearby people to health hazards. However, U.S. EPA and U.S. Department of Transportation laws and regulations
have been promulgated to track and manage the safe interstate transportation of hazardous materials and waste. U.S. EPA
ATTACHMENT 6
Packet Page 487
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
20
administers permitting, tracking, reporting, and operations requirements established by the Resource Conservation and
Recovery Act (RCRA). U.S. Department of Transportation regulates the transportation of hazardous materials through
implementation of the Hazardous Materials Transportation Act. This act administers container design, labelling, and driver
training requirements. State and local agencies enforce the application of these acts and provide coordination of safety and
mitigation responses in the case that accidents involving hazardous materials occur. Enforcement of these regulations and
rapid response by local agencies would ensure that hazards to the public or environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment are less than significant. In
addition, the project would be required to adhere to all federal, state, and local regulations, as well as the policies in the City
of San Luis Obispo Safety Element, which discuss safety and reducing the risks of hazardous material exposure. Program 9.6
of the City’s Safety Element states that the City shall ensure that transportation of hazardous materials follows Caltrans-
approved routes, and that all necessary safety precautions are taken to prevent hazardous material spills. Therefore, based on
the limited scope and location of the infrastructure improvements and compliance with existing regulations, potential impacts
would be less than significant.
c) No hazardous emissions would be permitted by the annexation and there is not a school located within ½ mile of the
annexation area or location of infrastructure improvements. Therefore, potential impacts would be less than significant.
d) The subject annexation and infrastructure improvement areas are not located on a designated hazardous site nor listed to
include materials that would represent a significant hazard to the public. Therefore, potential impacts would be less than
significant.
e) The property is located near the Regional Airport but the continued operation of existing uses, and any proposals for new
uses following annexation, must be consistent with City General Plan, Zoning Regulations, and AASP (which was reviewed
and approved by the Airport Land Use Commission). Application of those standards will prevent development within the
subject annexation area from becoming a hazard to airport operations. Implementation of infrastructure improvements would
not result in the creation of any features or involve any activities that would result in a hazard related to air traffic. Therefore,
potential impacts would be less than significant.
f) The property is not located near a private airstrip; therefore, potential impacts would be less than significant.
g) The subject annexation area will be subject to San Luis Obispo city emergency response and evacuation plans.
Annexation of this area and implementation of infrastructure improvements will not impair the ability of the city to
implement its designated plans and exercise its public safety responsibilities in the area. Therefore, potential impacts would
be less than significant.
h) The subject annexation area and areas identified for infrastructure improvements are located within a low fire hazard area,
as identified on the City’s Safety Element Wildland Fire Hazard Map, and the area consists of a largely developed industrial
area, which does not contain wildland fuels that could expose persons to significant risk from wildland fires. Therefore,
potential impacts would be less than significant.
Conclusion: Less than significant impact.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements?
2,4,5,
6,13 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 for which permits have been granted)?
2,4,5,
6,13
X
c) Substantially alter the existing drainage pattern of the site or
area in a manner which would result in substantial erosion or
siltation onsite or offsite?
2,4,5,
6,13 X
ATTACHMENT 6
Packet Page 488
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
21
d) Substantially alter the existing drainage pattern of the site or
area in a manner which would result in substantial flooding
onsite or offsite?
2,4,5,
6,13 X
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff?
2,4,5,
6,13 X
f) Otherwise substantially degrade water quality? 2,4,5,
6,13 X
g) Place housing within a 100-year flood hazard area as mapped
on a Federal Flood Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
2,4,5,
6,13,
14
X
h) Place within a 100-year flood hazard area structures which
would impede or redirect flood flows?
2,4,5,
6,13,
14
X
i) Expose people or structures to a significant risk of loss, injury
or death involving flooding, including flooding as a result of the
failure of a levee or dam?
2,4,5,
6,13 X
j) Inundation by seiche, tsunami, or mudflow? 2,4,5,
6,13 X
Evaluation
The principal drainage for the Airport Area is the East Branch San Luis Obispo Creek, which joins San Luis Obispo Creek
southwest of the project area. Drainage from the Airport area is collected into Tank Farm Creek and the East Branch San
Luis Obispo Creek. Drainage travels through the area on a generally southwesterly course until the East Branch San Luis
Obispo Creek joins San Luis Obispo Creek.
a, f) As analyzed in the AASP FEIR, potential impacts related to stormwater and water quality concerns are addressed by
imposing established permit activity requirements, such as the State Water Board’s National Pollutant Discharge Elimination
System (NPDES) construction activity stormwater permit and best management practices (BMPs). The AASP and City
requirements (including the Municipal Code and City Engineering Standards), impose these analyses and permitting
requirements before allowing projects to proceed. Such analysis would be undertaken as required by the AASP for any future
development project within the subject annexation area. As the annexation action does not include physical development
beyond infrastructure improvements, and construction activities associated with infrastructure improvements would be
subject to existing erosion control and water quality regulations, potential impacts would be less than significant and no
mitigation is required.
b) The subject annexation does not include groundwater extraction. The area is presently being served by the City’s
municipal water system. Therefore, potential impacts would be less than significant.
c-d) No alterations of drainage patterns are permitted or proposed by the subject annexation and infrastructure improvements.
Therefore, potential impacts would be less than significant.
e) The proposed annexation is subject to a 2015 Memorandum of Agreement (MOA) and 2019 First Amendment to said
MOA to provide interim services and future annexation to a largely developed business and industrial area in the County, at
Fiero Lane and Clarion Court. Annexation of those existing uses do not result in changes to drainage patterns or storm runoff
conditions in the area. Potential impacts would be anticipated to include impervious surfaces and surface water pollution, and
the potential to reorient water courses in the Plan area.
Provisions from the 2015-2019 MOA Concerning Storm Drainage Infrastructure include the following: The existing storm
drain within the existing County right-of-way is owned and maintained by the County. The Fiero Lane Water Company
(Company) shall coordinate with the County to arrange for the inspection and cleaning of the storm drain system. In the event
the County is unwilling to perform the work prior to annexation, the City and Company shall work cooperatively to arrange
for an alternative means of cleaning with concurrence and permission from the County. With these provisions included in the
ATTACHMENT 6
Packet Page 489
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
22
Project Description, storm water conditions will be adequately addressed and can be found to comply with City infrastructure
standards at the time of annexation. The proposed annexation and infrastructure improvements would not create or contribute
runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff because no new impervious surfaces would be created. Therefore, potential impacts
would be less than significant.
g-h-i) The northwest corner of the proposed annexation area near Santa Fe Road is located within Flood Zone A. Pursuant to
the Federal Emergency Management Agency, Flood Zone A is identified for areas subject to inundation by the one-percent-
annual-chance flood event, and no Base Flood Elevations (BFEs) or flood depths are identified. Mandatory flood insurance
purchase requirements and floodplain management standards apply to properties within this zone. No housing is proposed
within the annexation area and no improvements are proposed that would block or impede floodwaters. Any future
development within the annexation area, and within the flood zone, would be subject to Zoning Regulations Chapter 17.78
Flood Damage Prevention, which is in place to: promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly
throughout the community to all publicly and privately-owned land within flood-prone, mudslide (i.e., mudflow), and/or
flood-related erosion areas. Therefore, potential impacts would be less than significant.
j) The subject site is not identified by the AASP FEIR to be subject to seiche, tsunami or mudflows; therefore, potential
impacts would be less than significant.
Conclusion: Less than significant impact
10. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 2,4 X
b) Conflict with applicable land use plan, policy, or regulation of
an agency with jurisdiction over the project adopted for the
purpose of avoiding or mitigating an environmental effect?
2,4 X
c) Conflict with any applicable habitat conservation plan or natural
community conservation plans?
2,4 X
Evaluation
The area is designated for business park and service-manufacturing uses under the General Plan and AASP. Annexation of
the project area was anticipated in the AASP, which identified pre-zoning for the site (Business Park, Manufacturing, Service
Commercial) at the time the AASP was adopted.
a) The subject annexation area is located within a larger developed area of southern San Luis Obispo. The properties
comprising Fiero-Clarion are approximately 90% developed at this time. The subject area is a continuation of development
surrounding the general vicinity and the annexation of the site would bring it officially into the San Luis Obispo community
without modifying any of the current land uses of the area. The annexation will not physically divide this established
community, as it is currently included in the AASP and associated long-term planning maps for the area. Therefore, no
impact would occur.
b) As noted in the AASP FEIR, the subject annexation is consistent with City policies established under the General Plan and
AASP and complies with the San Luis Obispo County Airport Land Use Plan (ALUP). No changes to pre-zoning or land use
categories are proposed. The proposed annexation is consistent with applicable land use planning documents for the area.
Therefore, potential impacts would be less than significant.
c) As noted in Section 4 (Biological Resources) there are no Habitat or Natural Community Conservation Plans applicable to
the subject property.
Conclusion: Less than significant impact.
ATTACHMENT 6
Packet Page 490
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
23
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?
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?
2,4
X
Evaluation
The properties subject to the annexation are located in an urbanized area. There are no known mineral resources in the area,
and there has not been any mining or mineral extraction uses of the subject properties.
a, b) Based on the location of the proposed annexation and infrastructure improvements, no impact to mineral resources
would occur.
Conclusion: No impact.
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?
2,4,5,
13 X
b) Exposure of persons to or generation of excessive ground-borne
vibration or ground-borne noise levels?
2,4,5,
13 X
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
2,4,5,
13 X
d) A substantial temporary, periodic, or permanent increase in
ambient noise levels in the project vicinity above levels existing
without the project?
2,4,5,
13 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?
2,4,5,
13
X
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?
2,4,5,
13 X
Evaluation
Noise-sensitive land uses are those land uses that can be adversely affected by elevated or increased noise levels. Sensitive
land uses generally include residences, schools, libraries, nursing homes, and churches. The primary sources of noise within
the subject area include traffic on major roadways and highways, and aircraft operating in and out of the County Airport.
Stationary noise sources include the day-to-day activities associated with the existing land uses in the planning area.
The subject annexation area is designated for service and manufacturing uses under the General Plan and AASP. Potentially
sensitive receptors include existing offices in the area. Noise generation occurs most significantly from roadway traffic on
Broad Street (State Route 227). Noise from nearby airport operations occurs on an intermittent basis. Increases in traffic or
airport operations will cause incremental increases in background ambient noise levels. As indicated in Table 3F-3 of the
AASP FEIR, properties within 100 feet of Broad Street (State Route 227) are predicted to be exposed to traffic noise levels
that exceed the planning standard of 60 dBA-Ldn. More current noise contour modeling conducted for the LUCE Update
EIR show that upon City buildout, the noise level 50 feet from the roadway centerline would be 71 decibels. Other sources of
transportation-related noise include Tank Farm Road and Santa Fe Road. The proposed annexation area is located
ATTACHMENT 6
Packet Page 491
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
24
approximately 600-700 feet south of Tank Farm Road, and the western edge of the annexation area is bound by Santa Fe
Road. As indicated in AASP FEIR Table 3F-3, properties within 100 feet of Santa Fe Road are predicted to be exposed to
traffic noise levels ranging from 56 to 66 Ldn within 100 feet of the roadway.
a, b, c, d) The LUCE Update FEIR models a noise level of approximately 71 dB within 50 feet of the Broad Street centerline
(transportation-related noise). As documented in the LUCE Update EIR Background Report and County Airport Land Use
Plan, the annexation area is located with the 55 and 60 dB noise contours. The AASP FEIR identified potential impacts due
to exposure to traffic noise (Impact N-1: Exposure of Land Uses to Traffic Noise in Excess of the Standards for Exterior
Noise Exposure specified in Table 3F-1; Impact N-2: Increase in Permanent or Temporary Ambient Noise Levels as
Indicated in Table 3F-3, Substantial Increases in Noise Would Occur Along Some Roadways) and aircraft noise (Impact N-3:
Exposure of Residential Uses to Aircraft Noise). The AASP FEIR determined that implementation of mitigation measures
identified in the City’s Noise Element would mitigate impacts related to noise exposure to less than significant.
While the annexation action does not permit or approve future development, discretionary review of future projects would
occur, and would be subject to the requirements of the City’s Municipal Code, including Chapter 17.74 (Zoning Regulations,
Airport Overlay Zone, Noise) and Chapter 9.12 (Noise Control), consistent with the AASP FEIR. Implementation and
construction of identified infrastructure improvements would be short-term, and limited to areas within existing roadways
and utility corridors. Implementation of the project would not result in any long-term increase in noise. Therefore, potential
impacts would be less than significant.
e) Existing background noise conditions include instantaneous increases from airport operations. The County’s ALUP,
AASP, and AASP FEIR recognize the need to minimize noise generation, while balancing the viability of the airport with
local land uses. On-going operations at the County airport consistent with present regulations will continue to minimize
conflicts between nearby and adjoining uses. Increases in noise levels as analyzed by the AASP FEIR did not find these
conditions to be adverse and unavoidable. Instead the AASP FEIR acknowledged various building and site planning
techniques, along with land use restrictions, that have been incorporated into the AASP. While the proposed action does not
include development of land uses, future development would be subject to standards identified in the City’s Noise Element
and Municipal Code, which regulate noise exposure. Therefore, potential impacts would be less than significant.
f) The subject site is not located in the vicinity of a private airstrip; therefore, impacts would be less than significant.
Conclusion: Less than significant Impact
13. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly
(for example by proposing new homes or businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
2,4,5,
13 X
b) Displace substantial numbers of existing housing or people
necessitating the construction of replacement housing
elsewhere?
2,4,5,
13 X
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
2,4,5,
13 X
Evaluation
The AASP and City General Plan designate the subject annexation area for light industrial, commercial and manufacturing
uses. These uses would not include residential occupancies of the area. These designations preclude new residential growth,
or displacement of existing housing, within the subject annexation area.
a-c) The proposed annexation will not result in new residential development or the relocation of existing housing within the
annexation area. Only new uses consistent with the AASP and General Plan would be permitted.
ATTACHMENT 6
Packet Page 492
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
25
Conclusion: Less than significant impact.
14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision, or need, of new or physically altered government facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services:
a) Fire protection? 4,5,10 X
b) Police protection? 4,5,10 X
c) Schools? 4,5,10 X
d) Parks? 4,5,10 X
e) Roads and other transportation infrastructure? 4,5,10 X
f) Other public facilities? 4,5,10 X
Evaluation
The project area is currently served by the County Sheriff and County Fire/California Department of Forestry (CDF). There
is also a mutual aid agreement between the County and City for fire service response. The project area is within the San Luis
Coastal School District. The annexation is being processed pursuant to a 2015 Memorandum of Agreement (MOA) and 2019
First Amendment to said MOA to provide interim services and annexation to a developed business and industrial area in the
County, at Fiero Lane and Clarion Court. Continued interim service by the City to existing uses in the County, and the future
annexation of those existing uses, are subject to the March 2016 “Plan For Services” for the Fiero Land-Clarion Court
Annexation Area (Source 10).
a) Fire protection for the subject annexation area would be provided by the nearest staffed City Station #1 located at 2160
Santa Barbara Avenue and the County Fire/CDF Station #21 at the airport runway. Response times are considered four
minutes or less, based on LUCE EIR Figure 4.13-1 (Fire Department Four-Minute Response Times). The AASP provides
that the City will consider increases to staffing subject to budgetary analysis and overall city needs. The AASP notes that
interim improvements may be provided at the Chevron and Avila Ranch development areas until permanent facilities are
available. The City has completed the creation of a Community Facilities District (CFD) in association with the Avila Ranch
development project (also located within the AASP) to facilitate funding for a new interim fire station in the area. The AASP
FEIR, AASP, and the proposed Plan for Services for this proposed annexation address fire service needs for this area of the
city. Therefore, implementation of the proposed annexation would not result in a significant impact to fire services, such that
construction of a new facility would be required.
b) The City Police Department currently provides mutual aid response to the AASP. Similar to fire services, police services
will undergo consideration for increases as annexation of the subject property is completed as noted in the AASP FEIR and
Plan for Services. Additional personnel and equipment will be considered under standard budgetary programs. The AASP
FEIR, AASP, and the proposed Plan for Services for this proposed annexation address police service needs for this area of
the City. Therefore, implementation of the proposed annexation would not result in a significant impact to police services,
such that a new police facility would be required.
c, d) As the proposed project consists of the annexation of existing commercial and industrial businesses into the City, and
the employees of these businesses are currently served by existing schools and parks, and the proposed annexation area is
approximately 90 percent built-out, potential impacts to schools and parks would be less than significant.
e) Provisions from the 2015-2019 MOA concerning street infrastructure include:
1. The Fiero Lane Water Company (COMPANY) will construct improvements and upgrades to Fiero Lane so as to bring the
street infrastructure into a " state of good repair". For purposes of this requirement, the definition of state of good repair
includes:
a. Upgrading traffic control signs and markings to meet current federal, State and City standards;
b. Upgrade street crossings to meet Federal and City ADA ramp and crossing standards;
ATTACHMENT 6
Packet Page 493
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
26
c. Perform pavement maintenance as needed to meet City minimum pavement condition index requirements;
d. Remove and replace any damaged sections of sidewalk.
2. It is the intent of the agreement that Old Santa Fe Road south of the City/County boundary line, located immediately south
of the Santa Fe Bridge, will remain under County jurisdiction after annexation of properties on Clarion Court. If as part of the
LAFCO process, the City is required to take all, or part, of Old Santa Fe Road under City jurisdiction, the following
requirements shall be required:
a. The COMPANY will construct improvements and upgrades to Old Santa Fe Road, that is to be annexed to the City,
so as to bring the street infrastructure into a "state of good repair". For purposes of this requirement, the definition of
state of good repair includes:
b. Upgrading traffic control signs and markings to meet current federal, State and City standards; and
c. Upgrade street crossings at Clarion Court and the mini storage property to meet Federal and City ADA ramp and
crossing standards
d. Perform pavement maintenance as needed to meet City minimum pavement condition index requirements. The limits
of required improvements begin at the south side of the existing bridge across the East Fork of San Luis Creek and
terminate at the cul-de-sac fronting the mini storage property. No improvements to the bridge are proposed.
With these provisions included in the Project Description, transportation and street infrastructure conditions will be
adequately addressed and can be found to comply with City infrastructure standards at the time of annexation. As such, no
physical impacts are attributed to the time needed for infrastructure installations, fee payments and annexation as
contemplated in the annexation of lands subject to the MOA.
f) Other public services, such as transit, solid waste and recycling and general city administrative services are not considered
to be significantly impacted by the addition of the subject annexation area, based on the Project’s consistency with the AASP
and General Plan.
Conclusion: Less than significant impact.
15. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?
2,4 X
b) Include recreational facilities or require the construction or
expansion of recreational facilities, which might have an
adverse physical effect on the environment?
2,4 X
Evaluation
a, b) The annexation of the project area and existing uses would result in less than significant impacts from new or increased
residential demands for added parks and recreation services because there are no residential zones within the proposed
annexation area. As noted in Section 14 there will be no significant demands for school or parks and recreation services
based on annexation of the subject properties. The annexation of existing land uses, and implementation of infrastructure
improvements would not result in impacts from new or increased residential demands for added parks and recreation
services. Therefore, potential impacts would be less than significant.
Conclusion: Less than significant impact
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
2,3,4,
5,10,
13 X
ATTACHMENT 6
Packet Page 494
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
27
and relevant components of the circulation system, including
but not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
b) Conflict with an applicable congestion management program,
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?
2,3,4,
5,10,
13 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?
2,3,4,
5,10,
13
X
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
2,3,4,
5,10,
13
X
e) Result in inadequate emergency access? 2,3,4,
5,10 X
g) Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
2,3,4,
5,10,
13
X
Evaluation
The proposed annexation area is access via Broad Street (State Route 227), Tank Farm Road, and Santa Fe Road. Continued
interim service by the City to existing uses in the County, and the future annexation of those existing uses, do not result in
changes to traffic generation and circulation conditions in the area that were not previously considered in the AASP Final
EIR and EIR Addendum, the City’s LUCE updates in 2014, and as contemplated by the 2015 MOA concerning traffic
mitigations and impact fees. Payment of these fees by new development, coupled with contributions negotiated under the
MOA, will address cumulative traffic impacts. The Airport and Margarita Specific Plan Areas were considered under a
unified Program EIR. This EIR analyzed traffic conditions on a regional basis, not distinguishing the planning areas from
one another. For the purposes of impacts and mitigation measures, this analysis drove the preparation of the Specific Plan
Transportation sections, each dealing with improvements that could be implemented on both a localized scale and in a
regional context for citywide mitigation programs.
The AASP and Plan for Services address a series of projects to be completed as part of the annexation process. These
improvements primarily include pavement upgrades and bringing the roadway infrastructure for the annexation area up to
city standards. These improvements are noted as traffic control and striping, accessibility ramps and walks, pavement
maintenance and improvement to Old Santa Fe Road in the area. With these improvements the project will address its needs
as a part of the annexation process outlined in the MOA.
Section 14, above, of this Initial Study includes additional details regarding transportation infrastructure included in the
Proposed Project.
a-b) The proposed annexation area is approximately 90 percent built-out, and generates traffic on existing road and highway
infrastructure under existing conditions. Future development would be subject to transportation impact fee programs.
Transportation improvements provided under the MOA and PFS include upgrading street signs, striping, sidewalk repairs,
handicapped access features and curb painting reflect city standards. The annexation area does not include street lighting that
would conflict with City Lighting and Night Sky Preservation standards identified Zoning Regulations Chapter 17.70.100.
For possible safety considerations, streetlights at the main entry streets of Fiero and Clarion are under consideration as part of
the improvements plan preparation. This will be subject to AASP lighting standards (Goal 5.18, Standards 5.18.1 through
5.18.7), which include provisions for maximum height (30 feet on Broad Street, 20 feet on other streets). The proposed
annexation will not conflict with City Circulation Element policies, nor be contrary to established transportation
management, public transit and roadway improvement policies of the city.
ATTACHMENT 6
Packet Page 495
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
28
c) The subject site is approximately 90 percent built-out, and will not require new public roads to access the subject
properties. The annexation of the subject property does not include changes in traffic patterns for vehicles or aircraft.
Therefore, potential impacts would be less than significant.
d) No changes in design of existing roadways are required by the proposed annexation; therefore, potential impacts would be
less than significant.
e) The subject site is approximately 90 percent built-out and will not require new access to provide for emergency response.
Therefore, potential impacts would be less than significant.
f) Existing public transit services and bicycle/pedestrian ways will not be changed. Increased improvements to sidewalks,
handicapped accessibility and similar facilities are anticipated as part of the final annexation improvement plan. The
proposed annexation will not conflict with established public transit, bicycle or pedestrian facilities or policies and
regulations governing same.
Conclusion: Less than significant impact.
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:
a) Listed or eligible for listing in the California Register of
Historical Resources, or in a local register of historical resources
as defined in Public Resources Code section 5020.1(k), or
2,4,
17
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.
2,4,
17
X
Evaluation
On December 21, 2018, local Native American tribal groups were formally noticed that an Initial Study of Environmental
Impact was being completed for the proposed project and invited to provide consultation on the proposed project. The
Northern Chumash Tribal Council engaged in a tribal consultation meeting on February 8, 2019 and noted that the existence
of development and infrastructure within the annexation area does not preclude the presence of cultural resources.
a, b) Based on the certified AASP FEIR and tribal consultation, no historical resources or tribal cultural resources have been
identified within the subject area. Based on the adopted MND for Tract 2368, no cultural resources were documented within
the parcel proposed for the relocated wastewater treatment package plant. In addition, pursuant to the adopted MND for Tract
2368, relocation of the plant within this area is subject to the following mitigation measure:
Mitigation Measure
CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are
unearthed or discovered during any construction activities, the following standards apply:
c. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that
the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts
may be accomplished in accordance with state and federal law, and in consultation with local Native American tribal
organizations.
d. In the event archaeological resources are found to include human remains, or in any other case where human remains are
discovered during construction, the County Coroner is to be notified in addition to the Planning Department and
Environmental Coordinator so that proper disposition may be accomplished.
ATTACHMENT 6
Packet Page 496
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
29
Infrastructure improvements would occur within existing roadways and utility corridors. In the unlikely event of resource
discovery, City of San Luis Obispo Archaeological Resource Preservation Program Guidelines Section 4.60.1 requires that
all construction activities that may disrupt those materials shall cease and the Community Development Director shall be
notified immediately of the discovery of archaeological materials. Based on the results of cultural resource studies within the
subject area, location of infrastructure improvements, and compliance with adopted Guidelines in place to protect cultural
resources upon inadvertent and unlikely discovery, potential impacts would be less than significant.
Conclusion: Less than significant impact upon implementation of identified mitigation measures.
18. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
2,4,10 X
b) Require or result in the construction or expansion of new water
treatment, waste water treatment, water quality control, or storm
drainage facilities, the construction of which could cause
significant environmental effects?
2,4,
10,17 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?
2,4,10
X
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new and
expanded water resources needed?
2,4,
10,18,
19
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 commitment?
2,4,10
X
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
2,4,10 X
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
2,4,10 X
Evaluation
The proposed annexation area is currently served by the Fiero Lane Water company, groundwater wells, collection system,
and a community wastewater treatment plan. The proposed project involving annexation of the subject properties would
require the service of water, wastewater and recycled water for irrigation. The 2015 AASP FEIR Addendum updated and
analyzed resource availability and service demands for the EACP / S-G annexation area and found the City’s capacity for
services to the area can support the annexation. Continued interim service by the City to existing uses in the County, and the
future annexation of those existing uses, are subject to the March 2016 “Plan For Services” for the Fiero Land-Clarion Court
Annexation Area (Source 10).
Provisions from the 2015-2019 MOA Concerning Potable Water:
1. Record easements for CITY facilities on private property.
2. Pressure and leak test existing water mains that will become CITY facilities (Fiero Lane only).
3. Public and private water mains shall be sized to meet fire flow requirements. 4. Decommission and dismantle of
groundwater collection, treatment, and pumping facilities.
5. Replace fire hydrants with CITY standard hydrants.
6. Replace all water meters. Meters shall be properly sized, accurate and meet City standards.
7. Water Services shall be upgraded to current City standard.
8. Backflow preventers shall be installed where recommended by County Cross Connection Inspector.
9. Isolation valves shall be installed.
ATTACHMENT 6
Packet Page 497
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
30
Provisions from the 2015-2019 MOA Concerning Wastewater:
1. Work with the CITY and County Airport to facilitate the CITY takeover of that portion of the Airport gravity sewer line in
Fiero Lane.
2. Replace or rehabilitate failing portion of the Airport gravity sewer line — Manhole M 17- 15 to M17-8.
3. Fiero Lane System — Manhole M17- 18 — cut open pipe to expose invert and access flow. Manhole M 17- 18 to M 17-
19 — correct grade defects.
4. Tie over eight (8) sewer laterals on Fiero Lane to the Airport gravity sewer line or new City gravity main in Fiero Lane, if
available. Any necessary repairs to private laterals shall be made by FLWC prior to tie over.
5. Abandon existing FLWC gravity main once laterals are tied over to deeper airport gravity line.
6. The wastewater treatment system will be decommissioned, removed and left for COMPANY to salvage or dispose in
accordance with state standards.
7. Temporary and permanent easements shall be granted to the City for replacement of the existing gravity main in Fiero
Lane and the existing Airport sewer pump station. This may include the site of the existing FLWC wastewater treatment
system site, or another suitable site. FLWC will provide recorded permanent easement to the City of San Luis Obispo for
the site of the existing FLWC wastewater treatment system for the construction of a City lift station to serve the area.
The FLWC existing electrical service will be provided to the City. Clear access will be provided to the easement area
from Fiero Lane.
8. The leach fields behind Clarion Court will be abandoned in accordance with applicable code after all Clarion properties
are connected to the City wastewater collection system via private gravity or private force main connections.
a, b, e) The project area is currently served by a community wastewater collection and treatment system operated by the Fiero
Lane Water Company. Upon annexation, the existing treatment system will be decommissioned and infrastructure
improvements will be implemented pursuant to the MOA in order to connect the area to the City sewer wastewater collection
system. Wastewater collection and treatment demand capacity analysis has been conducted by the City’s Utilities Department
and the City determined that the wastewater collection system and Water Resources Recovery Facility has adequate capacity
to serve the AASP, including the annexation area (2015 FEIR Addendum) within the permit requirements of the State Water
Board, and as noted in Section 8 of the Plan For Services.
As noted in the project description, if the pending annexation of the East Airport Area is delayed, or improvements are not
completed at the time of the FLWC wastewater plant decommissioning, it is possible this treatment plant would be moved to
the East Airport Annexation Area to serve those users on an interim basis. The proposed parcel identified by FLWC is APN
076-512-028 (1275 Prospect) – this parcel is currently developed with existing FLWC facilities. In such a case, FLWC
proposes that treated wastewater would be conveyed via the lift station and force main on the East Airport area to the existing
disposal field currently serving the FLWC plant, west of Broad Street. This initial study assesses the potential impacts of
infrastructure improvements, including the potential relocation of the wastewater treatment plan, and concludes that potential
impacts would be less than significant, or less than significant upon implementation of mitigation measures identified in the
AASP EIR and County of San Luis Obispo Morabito-Burke MND (refer to Initial Study Sections 3 [Air Quality], 5 [Cultural
Resources], and 17 [Tribal Cultural Resources]).
Based on the City’s available capacity to serve the annexation area, completion of infrastructure improvements identified
above and incorporated into the Project Description, and implementation of identified mitigation measures, potential impacts
would be less than significant.
c) The existing subdivision was constructed with storm drain infrastructure, which will continue to function in the same
capacity following annexation. Storm drainage improvements anticipated on a regional basis were identified in the City’s
Storm Drain Master Plan for the Airport Area. These requirements are included in the AASP, Plan for Services under the
MOA and under standard city conditions for new development. New water treatment will not be required to continue current
service. Therefore, potential impacts would be less than significant.
d) Water service to the area, albeit on-going since 2015, is included in the City’s Urban Water Management Plan and General
Plan documents. The AASP-Margarita SP EIR Addendum completed in November 2015 (Source 5) finds that the city has
adequate water supplies to serve the subject annexation area. As documented in the City’s 2018 Water Resources Status
Report and Water and Wastewater Element (2018), 10,130 acre-feet of water availability is sufficient for build-out of the
ATTACHMENT 6
Packet Page 498
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
31
City’s General Plan, including the proposed annexation area. In addition, under existing conditions, the City is providing
water to FLWC. Based on existing conditions, the City’s available capacity to serve the annexation area, and completion of
infrastructure improvements, potential impacts would be less than significant.
f-g) Evidence included with the AASP FEIR and 2015 Addendum to the FEIR reflects sufficient capacity to continue serving
the largely developed annexation area. Based on this information, and the fact that the annexation area is largely build-out
under current conditions, potential impacts would be less than significant.
Conclusion: Less than significant impact.
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
No evidence exists that the proposed annexation of the Fiero Lane-Clarion Court area would result in impacts to local habitat
conditions, including the reduction of habitat areas, direct impacts to plant or animal species, impact the existence of any rare
or endangered species, or negatively impact cultural resources of the State.
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of the past projects,
the effects of other current projects, and the effects of probable
future projects)
X
No impacts of the proposed project are identified that would be considered “individually limited” or “cumulatively
considerable.” The proposed project is consistent with the existing AASP, Land Use Element and Zoning for the
development and the cumulative impacts of developing this site were analyzed as a part of the AASP FEIR and Addendum,
Land Use and Circulation Element (LUCE) EIR.
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
X
No evidence has been presented or identified that suggests the annexation of the subject area would have a negative effect or
substantial adverse effect directly or indirectly on humans.
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.
Airport Area Specific Plan (2014), Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans
(SCH# 2000051062; September 2003); City of San Luis Obispo Land Use and Circulation Element (LUCE) Update EIR
(2014), AASP FEIR Addendum (2015), Fiero Lane-Clarion Court Plan For Services (2016), Morabito-Burke Tract 2368
Environmental Determination ED01-322, Mitigated Negative Declaration, San Luis Obispo County, May 23, 2003, available
for review at the City Community Development Department (919 Palm Street, San Luis Obispo, CA 93401)
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.
Applicable excerpts, analysis and conclusions from the AASP and LUCE Update EIRs and Morabito-Burke Tract 2368
MND have been added to each impact issue area discussion.
ATTACHMENT 6
Packet Page 499
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
32
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.
N/A
ATTACHMENT 6
Packet Page 500
Issues, Discussion and Supporting Information Sources
Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
Sources
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
33
21. SOURCE REFERENCES.
1. Fiero Lane-Clarion Court Proposed Annexation Area
2. City of SLO General Plan Land Use Element, December 2014 and Final EIR, October 2014
3. City of SLO General Plan Circulation Element, December 2014 and Final EIR, October 2014
4. Airport Area Specific Plan Updated 2014
5. City of SLO Addendum to the Final Program EIR for the Airport and Margarita Areas, November 2015
6. City of San Luis Obispo, Land Use Inventory Database
7. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency:
http://www.consrv.ca.gov/dlrp/FMMP/
8. Resolution 10678; Fiero Water Company MOA, December 2015
9. Resolution 10994; Fiero Water Company First Amendment to MOA, March 2019
10. Fiero Lane / Clarion Court Plan For Services, March 2016
11. City of SLO Climate Action Plan, August 2012
12. Clean Air Plan for San Luis Obispo County, Air Pollution Control District, 2001
13. FEIR Airport Area and Margarita Area Specific Plans, 2005
14. Federal Emergency Management Agency (FEMA), Flood Map San Luis Obispo County 06077C1332G; accessed
via www.fema.gov (September 12, 2019).
15. Geotracker, State Water Resources Control Board, 2015. https://geotracker.waterboards.ca.gov/ (accessed
September 12, 2019)
16. Envirostor, Department of Toxic Substances Control. 2015. https://www.envirostor.dtsc.ca.gov/public/ (accessed
September 12, 2019)
17. Morabito-Burke Tract 2368 Environmental Determination ED01-322, Mitigated Negative Declaration, San Luis
Obispo County, May 23, 2003
18. 2018 Water Resources Status Report. 2018. https://www.slocity.org/Home/ShowDocument?id=22442
19. Water and Wastewater Element. 2018. https://www.slocity.org/home/showdocument?id=19965
Note: All documents listed above are available for review at the City of San Luis Obispo Community Development
Department, 919 Palm Street, San Luis Obispo, California (805) 781-7101.
ATTACHMENT 6
Packet Page 501
1
REQUIRED MITIGATION AND MONITORING PROGRAM
Applicable mitigation measures carried forward from the certified Airport Area Specific Plan
Final Program EIR and Mitigation and Monitoring Program; additional clarifications and new
mitigation measures applicable to the proposed project are also listed below and are
applicable to the project:
Air Quality
AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified
as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB
Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations, prior to any grading activities a geologic evaluation shall be
conducted to determine if NOA is present within the area that will be disturbed. If NOA
is not present, an exemption request must be filed with the District. If NOA is found at
the site, the applicant must comply with all requirements outlined in the Asbestos
ATCM. This may include development of an Asbestos Dust Mitigation Plan and an
Asbestos Health and Safety Program for approval by the APCD. More information on
NOA can be found at http://www.slocleanair.org/business/asbestos.asp.
AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air
quality impacts, including issues surrounding proper handling, demolition, and disposal
of asbestos containing material (ACM). Asbestos containing materials could be
encountered during demolition or remodeling of existing buildings. Asbestos can also be
found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines
are scheduled for removal or relocation or a building(s) is proposed to be removed or
renovated, various regulatory requirements may apply, including the requirements
stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61,
Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1)
notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos
Inspector, and, 3) applicable removal and disposal requirements of identified ACM.
More information on Asbestos can be found at
http://www.slocleanair.org/business/asbestos.php.
AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative
material within San Luis Obispo County.
AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during
construction activities will require California statewide portable equipment registration
(issued by the ARB) or an Air District permit. The following list is provided as a guide to
equipment and operations that may have permitting requirements, but should not be
ATTACHMENT 6
Packet Page 502
2
viewed as exclusive: power screens, conveyors, diesel engines, and/or crushers;
portable generators and equipment with engines that are 50 hp or greater; internal
combustion engines; unconfined abrasive blasting operations; concrete batch plants;
rock and pavement crushing; tub grinders; and, trommel screens.
AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation
measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel
particulate matter (DPM) emissions from construction equipment are listed below:
a. Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
e. Construction or trucking companies with fleets that that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.
captive or NOx exempt area fleets) may be eligible by proving alternative
compliance;
f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and,
k. Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated
ozone precursor emissions from the actual fleet for a given construction phase are
expected to exceed the APCD threshold of significance after the standard mitigation
measures are factored into the estimation, then BACT needs to be implemented to
further reduce these impacts. The BACT measures can include:
a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010
on-road compliant engines;
b. Repowering equipment with the cleanest engines available; and
c. Installing California Verified Diesel Emission Control Strategies. These strategies are
listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
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AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4-
acres and that are not within 1,000 feet of any sensitive receptor shall implement the
following mitigation measures to minimize nuisance impacts and to significantly reduce
fugitive dust emissions:
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for
greater than 3 minutes in any 60-minute period. Increased watering frequency would
be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water
should be used whenever possible. Please note that during drought conditions,
water use may be a concern and the contractor or builder shall consider the use of
an APCD-approved dust suppressant where feasible to reduce the amount of water
used for dust control;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible, and building pads should be laid as soon as possible after grading
unless seeding or soil binders are used;
e. All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
f. The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20% opacity, and to
prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress.
Air Quality Monitoring Program: These conditions shall be noted on all project grading and
building plans. The applicant will also be required to comply with existing regulations and
secure necessary permits from the Air Pollution Control District (APCD) before the onset of
grading or demolition activities including, but not limited to additional dust control measures,
and evaluation for Naturally Occurring and Material Containing Asbestos. The applicant shall
present evidence of a plan for complying with these requirements prior to issuance of a
grading or building permit from the City. The applicant shall provide the City with the name and
telephone number of the person responsible for ensuring compliance with these requirements.
The Building Inspector and Community Development and Public Works Inspectors shall
conduct field monitoring.
Cultural Resources and Tribal Cultural Resources
CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or
paleontological resources are unearthed or discovered during any construction
activities, the following standards apply:
a. Construction activities shall cease, and the Environmental Coordinator and Planning
Department shall be notified so that the extent and location of discovered materials
may be recorded by a qualified archaeologist, and disposition of artifacts may be
accomplished in accordance with state and federal law, and in consultation with local
Native American tribal organizations.
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b. In the event archaeological resources are found to include human remains, or in any
other case where human remains are discovered during construction, the County
Coroner is to be notified in addition to the Planning Department and Environmental
Coordinator so that proper disposition may be accomplished.
Cultural Resources and Tribal Cultural Resources Monitoring Program: Requirements for
cultural resource mitigation, in the event of unforeseen encounter of materials during the
potential relocation of the wastewater treatment facility, shall be clearly noted on all plans for
project grading and construction. Compliance will be verified by the Community Development
Director.
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Packet Page 505