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Home My WebLink About05/05/1992, 3 - CONSIDERATION OF CITY'S POSSIBLE ROLE AS LEAD AGENCY FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR A 705 ACRE RECREATIONAL PLANNED DEVELOPMENT KNOWS AS ""LOS NOMADAS."""IIIII�IRIII"IIIII�III�I�III "J r MEETING DATE: c o San �a�s osispo ;. ITEM COUNCIL AGENDA REPORT NUMBER: FROM: Arnold Jonas, Community Development Director; By: Jeff Hook, Associate Planner SUBJECT: Consideration of City's possible role as lead agency for preparation of an Environmental Impact Report for a 705 acre recreational planned development known as "Los Nomadas." CAO RECOMMENDATION: Review the project concept plans and supporting information and provide direction to staff and the applicant regarding the City's role in project processing and preparation of an Environmental Impact Report. BACKGROUND The applicants have submitted an application and plans for Los Nomadas, a resort/golf course /conference center planned development planned for the 705 -acre La Lomita Ranch. The project site is located in unincorporated County land, just south of the Edna - Islay area, between Orcutt Road and Broad Street. This is a large and complex project, ultimately involving public and private recreational features, including: two 18 -hole golf courses; 40 bungalow suites; 36 low -rise "haciendas" -- each with eight suites; 10 tennis courts; health facilities (exercise equipment, Par Course); swimming lagoon; horse stables and arena; entertainment amphitheater; and a resort plaza with restaurant, bar /grill, shops, and related facilities. As explained in the enclosed "Developer's Statement ", the project application includes: • environmental review; • General Plan text and map amendment; • planned development pre- rezoning; • architectural review Although annexation of the 705 acres to the City is their ultimate objective, the applicants have postponed applying for annexation pending City action on environmental review, General Plan amendments and pre- zoning. Within nine months of their initial application submittal, the applicants also intend to submit a tentative subdivision map and precise PD plan which can incorporate findings and mitigations resulting from the environmental review. The applicants have also submitted planning applications to the County of San Luis Obispo to process an identical project under County jurisdiction. They would prefer that the City serve as the "lead agency" in completing the EIR, and have requested that the City agree to do so. In those cases where a project is to be carried out or approved by more than one agency, the California Environmental Quality Act (CEQA) and the City's Environmental Procedures require that one agency (designated the Lead Agency) be responsible for preparing 3- �,u►,►� +►iiui►Ill�f pf °l��ll city of San Luis OBISPO COUNCIL AGENDA REPORT Staff Report Page 2 the environmental documents for the project. CEQA specifies that the Lead Agency shall be the jurisdiction with the greatest responsibility for supervising or approving the project as a whole. Thus, our city could be the Lead Agency for the Los Nomadas project unless for any reason the Council determines that it is not appropriate to proceed ahead with processing of the applications. In that case the issue of Lead Agency would be moot as the City would lack jurisdiction to prepare the environmental documents. The County would then automatically become the jurisdiction with processing authority for Los Nomadas, and indications are that they would be willing to proceed with that activity. DATA Applicant: Representative: County Zoning: Co. Land Use Designation: Environmental status: EVALUATION Northwinds, N. V. RRM Design Group AG Agriculture; Airport Environmental Impact will be required. Review Area Report (EIR) The decision on which public agency is the Lead Agency under CEQA is important because: 1) The Lead Agency collects environmental fees, initiates and directs the environmental review process; 2) The Lead Agency selects and contracts with environmental consultants to prepare the EIR which is paid for by the applicant; 3) The Lead Agency consults with other public agencies to include their concerns and issues in the EIR scope of work; and 4) The Lead Agency exerts the most influence over the scope and format of the Final EIR. In deciding what public agency shall as lead agency, CEQA and the City's policies use several criteria. The pertinent criteria are listed below: ■ If the project is to be carried out by a private entity, the Lead Agency shall be the public agency (eg. in this case, either City Council or Board of Supervisors) with 3-C;, ��,r�Nl�ulll►IIl�pnllUlN city of san ..is oBispo _ COUNCIL AGENDA REPORT Staff Report Page 3 the greatest responsibility for supervising or acting on the project as a whole. ■ Where a City prezones an area, the City will be the appropriate Lead Agency for any subsequent annexation of the area and should prepare the appropriate environmental document at the time of prezoning. The Local Agency Formation Commission shall act as a Responsible Agency. ■ Where more than one public agency meet the criteria listed above, the agency which will act first on the project in question shall be the Lead Agency. ■ Where two or more agencies have a substantial claim to be Lead Agency, the public agencies may by agreement designate one agency as Lead Agency. An agreement may also provide for cooperative efforts by two or more agencies by contract, joint exercise of powers, or similar devices. The decision on Lead Agency status does not affect the agency's authority to later approve or deny a project. The City could, for example, become Lead Agency and then decide not to amend its General Plan or pre -zone the property due to environmental impacts which became apparent during environmental review. If the County served as Lead Agency, it would then normally address City issues as part of EIR scoping due to the concurrent application pending with the City. The above criteria suggest that the City would be a logical choice as Lead Agency since the City is likely to act first on the project, and since pre- zoning is requested. The lead agency decision depends to some degree, however, on the City Council's judgement as to the timeliness of this project. If the Councilmembers feel this project merits further City consideration, then the City's Lead Agency role is probably desirable. If based on current and anticipated City policies and plans Councilmembers do not believe this project merits the staff time and effort which would be necessary if the City were Lead Agency, it should so direct staff. It should be emphasized, however, that the project would then likely be processed by the County without the City's direct involvement in the environmental review for a project which, if approved, could significantly affect the City. 3-3 �� ►�u►IVilllllflll� ►I I JII city of San l,,,.tS OBISpo COUNCIL AGENDA REPORT Staff Report Page 4 ALTERNATIVES 1. Determine that the City shall serve as Lead Agency for purposes of environmental review for Los Nomadas, and direct staff to work with the applicant to begin processing the EIR and other development application requests. From the City's standpoint, this approach would require the most City staff time and effort; however it would probably produce an EIR which most closely met the City's development review needs in the shortest timeframe. If the City Council believes that the City would consider amending its General Plan and pre- zoning the site to accommodate the project, than this is the appropriate action. 2. Determine that the City should not serve as Lead Agency for purposes of environmental review of Los Nomadas, and direct City staff to work with the County Environmental Coordinator's Office to include possible City issues and concerns in the EIR scoping. Under this approach, County staff would have primary responsibility for conducting the environmental review. The City review development review process would be held up pending County completion of the EIR. This approach could lengthen the City's development review process due to different County procedures regarding environmental review. If the City Council believes there is little or no chance that the City would amend its General Plan and pre -zone the area to accommodate the project, this is the most appropriate action. 3. Continue consideration of the issue, giving specific direction as to the additional information needed. ACTION Review the project concept plans and supporting information and provide direction to staff and the applicant regarding the City's role in project processing and preparation of an Environmental Impact Report. Enclosure: Los Nomadas "Developer's Statement" (Council and CAD only - available in Council Office for reviq,,;) 3°