HomeMy WebLinkAboutPC-1009-2019 (ANNX-1166-2015 and EID-0626-2019 -- Fiero Lane and Clarion Court)RESOLUTION NO. PC-1009-2019
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 revise 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
potentially significant impacts resulting from the annexation process and the construction of
Resolution No. PC-1009-2019
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Page 2
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
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
Resolution No. PC-1009-2019
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Page 3
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.
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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
person responsible for ensuring compliance with these requirements. The Building Inspector and
Community Development and Public Works Inspectors shall conduct field monitoring.
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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.
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.
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4. The Memorandum of Agreement and Plan for Services provides a framework for
providing the necessary City services.
Conditions cif Aimroval:
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, prior to completion of annexation 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, prior to submittal of an annexation application to the San Luis Obispo County
Local Agency Formation Commission (LAFCO) 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
and/or emergency access 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
take all, or part, of Old Santa Fe Road under City jurisdiction, the following
requirements shall be required by the applicant:
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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 Commissioner Kahn, seconded by Commissioner Jorgensen, and on the
following roll call vote:
AYES: Commissioners Jorgensen, Kahn, Mckenzie, Vice -Chair Dandekar
NOES: None
RECUSED: Commissioner Quincey
ABSENT: Commissioner Stevenson and Chair Wulkan
The foregoing resolution was adopted this 9th day of October, 2019.
yler Corey, S tary
Planning Co fission