HomeMy WebLinkAboutR-11161 adopting amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan (GENP-0188-2020)
R 11161
RESOLUTION NO. 11161 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AMENDMENTS TO THE LAND
USE ELEMENT AND WATER AND WASTEWATER MANAGEMENT
ELEMENT OF THE GENERAL PLAN (GENP-0188-2020) AND
ACCEPTING AN ADDENDUM TO THE LAND USE AND CIRCULATION
ELEMENT (LUCE) UPDATE EIR AND WATER AND WASTEWATER
MANAGEMENT ELEMENT NEGATIVE DECLARATION (CITYWIDE,
GENP-0188-2020)
WHEREAS, State law requires cities and counties to adopt a General Plan; and
WHEREAS, the Land Use Element of the San Luis Obispo City General Plan was last
updated in 2014 in compliance with State law; and
WHEREAS, Water and Wastewater Management Element of the San Luis Obispo City
General Plan was last updated in 2018 in compliance with State law; and
WHEREAS, the City of San Luis Obispo has prepared amendments to the General Plan
Land Use Element and Water and Wastewater Management Element to broaden existing policy
and program language to include both non-potable and recycled water supplies, and
WHEREAS, the potential environmental impacts of the amendments to Land Use Element
and Water and Wastewater Management Element have been evaluated in accordance with the
California Environmental Quality Act pursuant to an Addendum to the Land Use and Circulation
Element (LUCE) Update EIR and Water and Wastewater Management Element Negative
Declaration; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on May 13, 2020, pursuant to a proceeding instituted under GENP-0188-2020, City of San
Luis Obispo, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo adopted
Resolution PC-1009-20 recommending the City Council adopt Amendments to the Land Use
Element and Water and Wastewater Management Element of the General Plan (GENP-0188-2020)
and accepted an Addendum to the Land Use and Circulation Element (LUCE) Update EIR and
Water and Wastewater Management Element Negative Declaration (Citywide, GENP-0188-
2020); 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 City Council of the City of San Luis
Obispo as follows:
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SECTION 1. Finding. The City Council, after considering the project (GENP-1088-
2020), environmental determination, staff recommendations, public testimony and
correspondence, and reports thereon, finds that proposed amendments to the Land Use Element
and Water and Wastewater Management Element are consistent with the General Plan.
SECTION 2. Environmental Review. In compliance with the California Environmental
Quality Act (CEQA), staff prepared an Addendum to the Land Use and Circulation Element
(LUCE) Update EIR and Water and Wastewater Management Element Negative Declaration to
analyze the potential environmental impacts of the proposed amendments. The City Council
hereby approves the Addendum (Exhibit A).
SECTION 3. Approval of the 2020 Land Use Element and the 2020 Water and Wastewater
Management Element. The City Council hereby adopts the amendments to the 2020 Land Use
Element and the 2020 Water and Wastewater Management Element, as set forth in Exhibit A
attached hereto and incorporated herein by this reference.
Upon motion of Council Member Christianson, seconded by Council Member Pease, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of August 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _____________________.
______________________________________
Teresa Purrington, City Clerk
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Exhibit A:
Amendments to the Land Use Element and Water and Wastewater Management Element of the
General Plan (GENP-0188-2020)
and
Addendum to the Land Use and Circulation Element (LUCE) Update EIR and Water and
Wastewater Management Element Negative Declaration (Citywide, GENP-0188-2020)
Amendments to the Land Use Element and Water and Wastewater
Management Element of the General Plan (GENP-0188-2020)
The proposed General Plan amendments to Land Use Element Policy 1.13.2 and Water and
Wastewater Management Element (WWME) Program A 7.3.4. are as follows (Bold and
underlined text is used to highlight proposed language):
Land Use Element Policy 1.13.2:
Provision of non-potable or recycled water outside of City limits may only be considered in
compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings:
A. Non-potable/recycled water is necessary to support continued agricultural operations.
B. Provision of non-potable/recycled water will not be used to increase development
potential of property being served.
C. Non-potable/recycled water will not be further treated to make it potable.
D. Prior to provision of non-potable/recycled water, the property to be served will record
a conservation, open space, Williamson Act, or other easement instrument to maintain
the area being served in agriculture and open space while non-potable/recycled water
is being provided.
E. Provision of non-potable and recycled water will not impair the City’s ability to
maintain an adequate water supply that meets projected water demand at buildout
under the General Plan including the required reliability reserve.
Water and Wastewater Management Element, Program A 7.3.4:
Consider the potential to deliver available non-potable or recycled water supplies to
customers outside the city limits, including analysis of policy issues, technical concerns,
and cost recovery, provided it is found to be consistent with the General Plan.
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Addendum to the Land Use and Circulation Element Final Environmental
Impact Report (SCH# 2013121019) and to the Water and Wastewater
Management Element Negative Declaration (EID 1455-2018)
City File No: GENP-0188-2020
1. Project Title: Non-Potable Water Deliveries Outside the City
2. Lead Agency Name and Address: City of San Luis Obispo, Utilities Department
879 Morro Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number: Jennifer Metz, Utilities Project Manager
Office: 805-781-7239, Cell: 805-748-1335
4. Project Location: Citywide
5. Project Representative Name Jennifer Metz, Utilities Project Manager
and Address: City of San Luis Obispo, Utilities Dept.
879 Morro Street
San Luis Obispo, CA 93401
6. General Plan Designation: N/A
7. Zoning: N/A
8. Description of the Project:
The proposed General Plan amendments consist of broadening language of Land Use Element
Policy 1.13.2 and Water and Wastewater Management Element (WWME) Program A 7.3.4. to
include the potential for non-potable water deliveries outside the City limits. Bold and underlined
text is used to highlight proposed language.
Land Use Element Policy 1.13.2:
Provision of non-potable or recycled water outside of City limits may only be considered in
compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings:
A. Non-potable/recycled water is necessary to support continued agricultural operations.
B. Provision of non-potable/recycled water will not be used to increase development
potential of property being served.
C. Non-potable/recycled water will not be further treated to make it potable.
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D. Prior to provision of non-potable/recycled water, the property to be served will record
a conservation, open space, Williamson Act, or other easement instrument to maintain
the area being served in agriculture and open space while non-potable/recycled water
is being provided.
E. Provision of non-potable and recycled water will not impair the City’s ability to
maintain an adequate water supply that meets projected water demand at buildout
under the General Plan including the required reliability reserve.
Water and Wastewater Management Element, Program A 7.3.4:
Consider the potential to deliver available non-potable or recycled water supplies to
customers outside the city limits, including analysis of policy issues, technical concerns,
and cost recovery, provided it is found to be consistent with the General Plan.
9. Project Entitlements Requested: N/A
10. Setting and Surrounding Land Uses: N/A
11. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.): None
12. Previous Environmental Review
On December 9, 2014, the City Council certified the Land Use and Circulation Element (LUCE)
Update EIR. Council Resolution No. 10586 includes the findings and mitigation measures that
apply to the LUCE Update. Land Use Element Policy 1.12.1 regarding the City’s practice of not
providing water service outside of the city, was modified as part of the 2014 LUCE Update. The
policy language changed specifies that potable water shall not be provided beyond the city limits
but would allow recycled water and/or non‐potable water to be provided outside the city limits
where specific findings can be made. Land Use Element Policy 1.12.1 states:
1.12.1 Water and Sewer Service. The City shall not provide nor permit delivery of City
potable water or sewer services to the following areas. However, the City will serve those
parties having valid previous connections or contracts with the City.
A. Outside the City limits;
B. Outside the urban reserve line;
C. Above elevations reliably served by gravity‐flow in the City water system;
D. Below elevations reliably served by gravity‐flow or pumps in the City sewer system.
Moreover, the 2014 LUCE Update EIR evaluated the potential environmental impacts of providing
recycled water outside of the City limits, which is the same potential impact caused by the
proposed amendment to Land Use Element Policy 1.13.12. The f indings and mitigation measures
from the 2014 LUCE EIR are still in effect and will apply to this project. Therefore, preparation
of a subsequent EIR is not necessary for the proposed amendment to Land Use Element Policy
1.13.12 because it does not result in any new significant environmental effects or a substantial
increase in the severity of any previously identified significant effects evaluated in the 2014 LUCE
Update EIR with the amendment of Land Use Element Policy 1.12.1.
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On May 18, 2018, the City Council approved a Negative Declaration (EID 1455-2018) for the
2018 Amendment to General Plan, Chapter 8, Water and Wastewater Management Element
(Council Resolution No. 10893). The 2018 update to the WWME, with the substantial reduction
in safe annual yield from Whale Rock and Salinas Reservoirs, considered whether the City could
meet future water demand. The 2018 Initial Study/Negative Declaration associated with the 2018
WWME update found that consideration of delivery of recycled water outside the City limits was
still a viable program. As stated in the 2018 Negative Declaration, the City continues to have an
adequate water supply to meet projected water demand of 57,200 residents at 117 gpcd, a 20
percent reliability reserve, and over 1,000-acre feet as a secondary water supply. The proposed
modification to Program A 7.3.4 to include the potential for non-potable water deliveries for
agriculture would utilize existing infrastructure and would not result in any impacts to the
environment. Thus, the proposed Amendment does not involve new significant environmental
effects or a substantial increase in the severity of previously identified significant effects. Further,
the addition of the word “non-potable” to WWME Program A 7.3.4 is simply a minor technical
addition to a program that already contemplates the potential delivery of recycled water outside
City limits.
Section 15164 of the State CEQA Guidelines allows a lead agency to prepare an addendum to a
EIR or Negative Declaration when "minor technical changes or additions" have occurred in the
project description since the EIR was certified. In addition, the lead agency is required to explain
its decision not to prepare a subsequent EIR pursuant to State CEQA Guidelines Section 15162,
which requires subsequent EIRs when proposed changes would require major revisions to the
previous EIR "due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects."
No new environmental effects are created by the proposed project and there is no increase in the
severity of previously identified significant effects.
DETERMINATION
In accordance with Section 15164 of the State CEQA Guidelines, the City of San Luis Obispo has
determined that this addendum to the LUCE Update EIR and WWME Negative Declaration is
necessary to document changes or additions that have occurred in the project description since the
EIR was certified in 2014 and the Negative Declaration was approved in 2018. No issue areas are
affected by the proposed project. The preparation of a subsequent EIR is not necessary b ecause:
None of the following circumstances included in Section 15162 of the CEQA Guidelines have
occurred which require a subsequent EIR:
a. The project changes do not result in new or more severe environmental impacts.
b. The circumstances under which the project is undertaken will not require major
changes to the EIR or Negative Declaration.
c. The modified project does not require any substantive changes to previously approved
mitigation measures.
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Referenced Documents Available Electronically:
1. Council Resolution No. 10586, 2014 Series, certifying the LUCE Update EIR:
https://opengov.slocity.org/WebLink/DocView.aspx?id=26685&dbid=0&repo=CityClerk
2. Land Use and Circulation Element Update Environmental Impact Report (Final Program EIR,
September 2014): https://www.slocity.org/home/showdocument?id=6719
3. Council Resolution No. 10893, 2018 Series, approving a Negative Declaration for the 2018
Amendments to the Water and Wastewater Management Element:
https://opengov.slocity.org/WebLink/DocView.aspx?id=77736&dbid=0&repo=CityClerk