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HomeMy WebLinkAbout06/16/1992, 3 - CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR ACTIONS RELATED TO THE BROAD STREET ANNEXATION, INCLUDING A GENERAL PLAN AMENDMENT AND PRE-ZONING OF THE 78-ACRE ANNEXATION AREA. I�IuAl�lll�lllllllll h MEETING_ATE: IIII in ►���� city o san LuIs oBispo 6 - -9 COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Director; By: Jeff Hoo ociate Planner S ECT: Consideration of the Final Environmental Impact Report for actions related to the Broad Street Annexation, including a General Plan amendment and pre-zoning of the 78-acre annexation area. CAO RECOMMENDATION: Adopt resolution certifying the Final EIR, including the recommended mitigation measures and monitoring program. REPORT-IN-BRIEF The report concludes that the Final Environmental Impact Report (FEIR) is ready to be certified because it complies with the requirements of the California Environmental Quality Act (CEQA) and with the City' s Environmental Guidelines. The report summarizes the key environmental issues and notes that three of the four significant impacts identified can be mitigated to non-significant levels: traffic, water and sewer service, and drainage. According to the EIR, air quality impacts upon buildout under either County or City jurisdiction will result in air quality impacts which cannot be mitigated entirely. Consequently, the City must adopt a "statement of overriding considerations" to proceed with the annexation. BACKGROUND In its 1991 workprogram, the City Council designated the Broad Street Annexation as an "A-1" priority. The annexation was originally requested by the Southern California Gas Company in 1986 and referred to as the "Southern California Gas Company Annexation. " The City Council has initiated reconsideration of the annexation after having continued the item four years ago. In July 1991 the City Council authorized staff to execute a contract for preparation of the Broad Street Annexation EIR. In March 1992, the City Council amended the EIR contract to allow the consultant to respond to a broader range of public comments on the Draft EIR than was originally anticipated. The consultant has submitted the Final EIR which includes responses to over 200 public comments, added information on project alternatives, expanded discussions of water supply impacts and housing demand, and revised mitigation measures and monitoring program. The Final EIR is coming to the City Council for certification that it complies with CEQA and the City' s environmental Guidelines. Related actions, including a General Plan amendment, pre-zoning, and the actual annexation application to LAFCo, will follow once the FEIR has been certified. CEQA requires that a project's environmental impacts be considered (and that an EIR be certified) .1 ����►�►�►iiIViIIIIIIIIP►► ��UIN city of san L.4is oBispo OIJNCIL AGENDA REPORT aY Page 2 before an agency approves a project. SIGNIFICANT IMPACTS The FEIR identifies five significant environmental impacts: traffic, water and sewer service, drainage, and air quality. Mitigation measures are included which will prevent these impacts or reduce their significance to acceptable levels. To meet State law, The FEIR includes a monitoring program listing persons or agencies responsible for the mitigation and the timeframe for mitigation. CONSEQUENCES OF NOT TARING THE RECOMMENDED ACTION The City is now the applicant for the annexation, and is under no mandated deadline to certify the EIR, pre-zone or annex the property. Over the last year, staff has worked with annexation area property owners to keep them apprised of City actions and encourage their support for annexation. Since the original annexation request was filed, three of the area ' s property owners have received development approvals in the County (Williams Brothers Markets, Jay Parsons, Southern California Gas Company) . Other area property owners have expressed interest in developing their property in the City, and most property owners tentatively support annexation. By not certifying the FEIR or by postponing actions necessary for annexation, it will become more difficult to annex the area or plan for its orderly development as the remaining vacant properties build out under County jurisdiction. In this case, future development would proceed under County standards which are generally more appropriate for non-urban locations. County government would derive additional revenue which it would want to retain, if and when annexation eventually occurred. Whether or not the area is annexed, the City will be impacted by development in the area, given that it is virtually surrounded by the City. Data Summary Project Address: 3800 Broad Street (State Highway 227) Applicant: City of San Luis Obispo Representative: Jeff Hook, Associate Planner County Zoning: Commercial-Service (C-S) and Industrial (I) General Plan: Rural-Industrial, Interim Conservation/Open Space, Low-Density Residential (Edna-Islay Specific Planning Area) Environmental Status: Final EIR pending certification; the previous FEIR has been updated to reflect current circumstances. 3•.Z ���������►►iI��IIIIIi�� ��UIU city of San pais OBISpo Nftis COUNCIL �►gENDA REPORT Page 3 Site Description The site covers 78 . 06 acres and slopes gently down toward Broad Street. Surrounded by the city on three sides, it is bounded by Broad Street on the west, Sacramento Drive and Tract 929 (Edna- Islay Specific Planned Area) on the east, Tank Farm Road on the south, and Capitolio Way on the north. The site consists of 14 parcels, involving 12 separate property owners. A significant . portion of the annexation area, which was once used for dryland farming and grazing, remains vacant today. Major uses include Williams Brothers market, Derrell 's Mini-Storage warehouses, offices, Plumber' s Union Local #403 building, United Parcel Service, industrial warehouses, and several small houses and utility buildings. PLANNING COMMISSION ACTION At its December 11, 1991 and January 8, 1992 meetings, the Planning Commission reviewed the DEIR and asked the consultant to provide more information on the annexation' s effects on creeks, water and sewer capacity, runoff and groundwater recharge, traffic, housing and funding of public improvements. These and other public comments have been responded to in the Final EIR. DISCUSSION Staff believes the Final EIR is ready for certification, and that the proposed mitigation measures and monitoring program are feasible and will be effective. The mitigation strategy is based on the premise that it is new development, not annexation per se, that triggers the need for environmental mitigation. Consequently, most mitigation measures would be implemented as conditions of approval for new development, or for redevelopment where the cost of the improvements exceeds 50 percent of the existing structures' replacement value. Upon annexation, properties would be subject to the same development standards and requirements that apply to other city property owners with regard to water retrofitting, impact fees, and public improvements like streets, sidewalks, traffic signals, and utility connections. For example, traffic impact fees (if adopted by the City) and street improvements would be required at the time of property development, rather than at the time of annexation. This approach results in a more logical "nexus" between potential impacts and the recommended mitigation. Properties with on-site sewer or water systems which meet County Health standards may continue until such time as the property is redeveloped to the extent of 50 percent or more of its replacement cost, existing systems fall below health standards, or the property owner chooses .�-3 ���n��ibi►I�IIIIIII�I�►j►I�III city of San Luis OBISPO COUNCIL �4gENDA REPORT Page 4 to hook-up to City water or sewer. Annexation Area Changes Since the council last reviewed annexation of this area, property owner Jay Parsons constructed a new 85, 000 square foot industrial project with self-contained water, sewer and fire suppression systems. Plans have been approved by the County for the following projects in the annexation area: • Williams Brothers Expansion, Lots 91/92 . A six-month time extension was recently granted for Development Plan approvals. According to the property owner's representative, Tom Courtney, building permits are ready and will be pulled soon for the supermarket remodel and the development of about 135, 000 square feet of retail space. Construction is expected to begin this Summer. • Southern California Gas Company, Lot 95. A new administrative facility and corporation yard has been approved by the County and construction is expected to begin by the end of summer. The County is considering an application and plans for: • Plumbers and Steamfitters Union, Lot 94. The Union proposes to build a 65, 000 square foot service- commercial complex. Annexation impacts were analyzed under two land use scenarios: the existing county zoning or "no-project" alternative, and the "City-proposed" zoning recommended by the Planning Commission. Key findings and recommendations of the EIR are: i ■ Traffic impact - Significant. Development under city zoning would increase traffic by 20 - 35% (from 27K ADT to 39K ADT at buildout) ; and 10 - 20% under county zoning. Mitigation required. ■ Water and sewer impact - Significant. Retrofitting, water and sewerline improvements, easements and/or ejection pumps, fire hydrants, and lift station upgrades are needed to mitigate the impacts of future development under city zoning. ■ Drainage impact - Significant. Development under city zoning will increase peak surface flow from the annexation area by 6%. Participation in regional, areawide, or on-site detention basins. ■ Air Quality impact - Significant, unavoidable. Mobile emissions (mainly Carbon monoxide and reactive Hydrocarbons) 3-� �������►i►��Illllllllli► ��Ul`I City of San L"IS OBISPO ENEMAgo WNW%1rWn ion Final RTR COUNCIL 4►GENDA REPORT Page 5 will exceed APCD "thresholds of significance" by a factor of 1.9 - 6. 7 times for the city zoning, and 1. 1 - 4 times for county zoning. Implementation of recommended mitigation measures will not reduce the impact to acceptable levels. Requires a "statement of overriding considerations" to approve the annexation. Recommended Mitigation Measures Traffic and Circulation (responsible parties in parentheses) 1. Installation of street improvements (curb, gutter, sidewalk, paveout, street trees) upon development or redevelopment of property. (all property owners) 2 . Traffic signal installation at Hwy 227 and Capitolio Way. (City, State, and immediately adjacent property owners) . 3 . Traffic signal installation at Hwy 227 and Industrial Way when warranted by side street volumes (City, State, and immediately adjacent property owners) . 4 . Common driveway access provisions and controlled access to Broad Street (P. 7-6) for lots 92 , 95, 98, 99, and 100. 5. Installation of sidewalks, pedestrian-actuated signals, and bike lanes (all properties at time of development) . Water 1. Extending a 12" water line in Industrial Way to create a "looped water connection. " (Lot 95, possibly others taking service, and City) . i 2 . Install fire hydrants for developed properties upon annexation; at time of development for vacant properties. 3 . Comply with retrofit requirements for new development; agree to retrofit for existing development if on-site wells fail or are abandoned requiring additional City water. Sewer 1. Install about 1350 feet of sewer main in Industrial way; or install sewer laterals to serve lots 3 and 4 with any new development. 2 . Special sewering measures (ejector pumps or private easements and laterals) for lot 94 and eastern portion of lot 92 . �������i�HilV�llllllll�1° ll�Ill City of san L. S oBIspo OI INCIL AGENDA REPORT I ETR Page 6 3 . Payment of sewer hook-up fees upon development or expansion; payment of sewer impact fee for upgrading lift stations. Fee to be established by Utilities Department. Drainage 1. Participation in one of three different drainage retention programs: regional airport area, annexation area common retention, and lot-by-lot retention basins. Air Quality 1. Standard AQMD development requirements on new construction. 2 . Participation in transportation demand management program to be adopted by City. 3 . Install bike lanes and pedestrian facilities per City standards. EVALUATION Access and Circulation The EIR concludes that under present County zoning or the proposed City pre-zoning, the estimated number of added driveway movements with full development would not significantly degrade traffic flow on Broad Street, provided that reasonable access controls were instituted. It recommends that the number, location and design of new driveways be reviewed on a lot-by-lot basis during City development review. The EIR does not advocate prohibiting driveway access to Broad Street, but rather "limited" access which utilizes shared driveway access for lots along Broad Street. The limited number of driveways which are necessary along Broad Street to serve future development should have special design measures to improve traffic safety. Possible measures include deceleration lanes, recessed street-type entries, special paving and signage, and directional turn restrictions. The Planning Commission' s recommended pre-zoning includes an "S" or Special Considerations designation to enable the City to review driveway access as part of conditional use permit hearings. These measures will mitigate the effects of additional driveways while allowing design flexibility for future development. The previous EIR required that Sacramento Drive be extended to Orcutt Road to provide an alternate access from the Capitolio Way area for eastbound motorists. The EIR consultants continue to recommend this improvement, although it is not a required mitigation measure. The Draft Circulation Element does not include such an extension; however staff supports reconsideration of the ������i�ii���iIIIIIIIIP1" IIIIUI MY Of San Luis OBISPO oaTORN inC'x4a IIR REPORT Page 7 extension prior to final adoption of the Circulation Element. Staff has reviewed access issues with Cal Trans and city and county engineering staff. Cal Trans has recently supported a revised right-of-way design for Broad Street (State Highway 227) , increasing its width from 110 feet to 130 feet. The wider right- of-way will result in safer traffic flow, since it provides for: 1) three traffic lanes in both directions; 2) a 16-foot wide median turn lane; 3) an 8-foot shoulder allowing easy right turns into and out of driveways along Broad Street; and 4) curb, gutter and a 6-foot wide detached sidewalk with landscaped parkway. Water and Sewer Service Buildout of the annexation area would increase the City's total water demand by about 183 acre feet, or 2 percent over current levels. The 183 acre feet of water required for buildout represents retrofitting approximately 6100 dwellings. New development will be required to offset the increased water use through retrofitting. This estimate does not include water savings from on site wells which are expected to supply non-potable irrigation water. This could reduce city water demand by up to 30 percent of the total demand, or about 55 acre feet per year. Five lots already receive or are eligible to receive city water and/or sewer services: lots 90-91 (Williams Brothers) , 95 (Southern California Gas Company) , and 98-99 (Mel Jones) . Under current policies, these lots may be annexed. If not annexed, the remaining eight lots would have to rely on on-site water and waste disposal systems. In the four years since Council last reviewed the annexation, the City faced serious drought conditions and implemented conservation measures to balance water supply and demand. At its face, this annexation could seem inconsistent with city efforts to conserve water and limit new demand. However with the City' s mandatory water offset program, new development will be required to retrofit existing buildings to save twice as much water as the new development would use. Consequently, no significant impacts to water supply are anticipated. on-site groundwater will provide water for landscaping and other non-potable uses. Full buildout of the annexation area under City zoning is expected to increase sewage flow by up to 0. 10 million gallons per day r� j_! ��������►►►Iupllllllil�' llUlll MY Of San LAISOBISPO COUNCIL � gENDA REPORT Page 8 (MGD) , or 2 . 5 times the flows expected under County zoning (due to existing sewer agreements) . This "worst case" assumes that properties currently on septic systems convert to sewers, and represents about 2 percent of the sewer treatment plant's total capacity. Since properties with existing septic systems would have the option of continuing to use septic systems which meet current County standards, actual sewage flows are expected to be less. The Utilities Director concurs with the reports findings that annexation will not, with the proposed mitigation, adversely affect city water and sewer services. Development in the annexation area will trigger the need to upgrade or replace two nearby sewer lift stations. These improvements would be paid for through sewer impact fees to be developed by the City and charged to properties which are served by the lift station. Drainage Development in the annexation area will increase the amount and rate of surface runoff under either County or City zoning. Using "worst-case" assumptions, analysis shows that a six percent increase in peak flow would occur during a 100-year storm. To offset the increase, property owners will be required to participate in one of three drainage retention program options as outlined in Table 2-2 (page 2-19) of the FEIR. It is likely that most property owners will choose to provide on-site drainage retention facilities. This approach has been used elsewhere in the City, notably in the adjacent Edna-Islay area. Air Quality Buildout under either City or County zoning would exceed significance thresholds in the County' s Clean Air Plan, primarily due to increased motor vehicle emissions. Emissions would exceed the thresholds by a factor of about 2 to 7 times for development if annexed, and 1 to 4 times for development under existing County Zoning. Implementation of the mitigation measures listed in Table 2-2 of the FEIR may not reduce these emissions to insignificant levels; therefore, development under either alternative may have significant adverse impacts on air quality. CEQA requires decisionmakers to balance the benefits of a proposed project against its unavoidable environmental effects in determining whether to approve a project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the decisionmakers should adopt a "statement of overriding considerations. " There appear to be several factors which outweigh possible environmental effects: �������►n►►►�il►Iillll�;�'1111111 city of san Lads ogispo COUNCIL AGENDA REPORT Broad Street nnpyatinn Final FTR Page 9 1. Annexation will promote the well-planned, orderly, and esthetically attractive development, consistent with City standards and compatible with adjacent City areas; 2 . Traffic safety measures and trip reduction programs will be implemented in the annexation area and result in greater public safety and convenience than would be possible under County zoning; 3 . Urban services such as police, fire, water and sewer services will be available to the area which is expected to develop with urban type commercial and industrial uses, whether or not annexation is approved. 4 . Enhanced property, utility and sales tax revenues will defray public service costs and allow public improvements in the annexation area to improve the public health, safety, and welfare. 5. Air quality impacts are based on the number of vehicle trips, not on the number of miles driven. Potential uses under City zoning may provide goods and services for nearby residents that are currently not available within walking, biking or short-driving distance. Development under the City-proposed zoning is likely to have a less significant impact on air quality than implied by the air quality impact analysis based solely on number of vehicle trips. Public Improvements Upon annexation, city code requirements must be . met for fire protection, installation of curbs, gutters, sidewalks, street lights and street trees with new development or with significant remodelling of existing buildings. It is anticipated that the City will implement future major street improvements such as Orcutt Road widening and grade separation, bikelanes on Broad Street, and traffic signals at Broad Street and Capitolio Way and Broad Street and Industrial Way with revenues from a citywide traffic impact fee being developed by the City Engineer. Additional traffic signal funding is expected from adjacent properties and from CalTrans. For example, as a condition of County approval, Williams Brothers is required to contribute 25 percent of the cost of installing the traffic signal at Broad Street and Capitolio Way. Staff Recommended Changes to Mitigation Program 1. Water Main Extension. Table 2-2 , Page 2-15, measure 1. Delete this mitigation measure. Approved plans for the Southern California Gas Company corporation yard include -9 ��m�1►�►iiiV►Ilfllll�a i��I11 city Of San LAIS OBISPO COUNCIL AGENDA REPORT Page 10 extension of a water main along Industrial Way to serve Lot 3 . While "looping" water mains in Sacramento Drive and Industrial Way is desirable, adequate water pressure can be provided without the connection. The Utilities Director and Engineer concur with this recommendation. 2 . Fire Hydrants. Table 2-2 , Page 2-16, measure 6. Change implementation measure timing from 112/4 to 1" to insure that fire hydrants are installed "upon annexation" to provide fire protection for existing development. This is expected to affect only Lots 3 , 4 , and 93 as other properties are either vacant, soon to be developed with fire sprinklers, or already have adequate fire protection. CITIZEN PARTICIPATION Planning Commissioners considered the draft EIR at public hearings on December 11, 1991 and January 15, 1992 , and responses to their comments and other public comments are included in the final EIR. On May 19 , 1992 , City staff and the consultant met with annexation area property owners to review the EIR' s conclusions and recommendations. The majority of property owners have expressed tentative support for the annexation as proposed, provided that the associated costs and mitigation measures are reasonable. CONCURRENCES All City departments concur with the EIR' s findings and recommendations. FISCAL IMPACT Due to the favorable revenue/cost ratio of the proposed annexation, staff does not anticipate any adverse fiscal impact to the City. Public costs of annexation include electricity (street lighting) , utilities, and street maintenance, flood control, and police and fire services. City revenue sources would consist primarily of sales tax, property tax increment allotment from the County (to be agreed upon prior to LAFCo action) , franchise tax, utility users tax, real property transfer tax, and business taxes. An analysis by the Finance Department shows that initially, City revenues resulting from annexation would exceed City costs to provide public services to the area by a factor of 1. 5 to 2 times. As the annexation area developed, the ratio of revenues to costs is expected to increase. For example, at bui.ldout, it's conservatively estimated that annual gross revenues from the annexation area would total about $600 to $700 thousand dollars, or about 2 . 2 to 2. 6 times City costs. ������»�►►►�►IIfIIIIIP° ��Ulll City Of San L"IS OsispO ro UNCI t Annexa ACE EDA REPORT Page 11 The proposed mitigation measures require City participation in several public improvements in the annexation area. These may include traffic signal installation, sewer and water main extensions, street and bike lane improvements. The cost of these improvements will depend on the timing and location of development in the annexation area, and will be "spread out" over approximately 5 to 10 years necessary for area buildout, and will be reimbursed to the City through increased tax revenues and user fees in the annexation area. NEST STEPS As mentioned above, if the Council certifies the Final EIR, the General Plan amendment/pre-zoning and annexation application will be brought to Council. If the Council approves those actions, the annexation application will be submitted to LAFCo. Following favorable action by LAFCo, the City will conduct a "protest hearing. " This is not expected to take place before late 1992. The annexation would then become final, unless objections were received from owners of property constituting 50 percent or more of the assessed value of the area to be annexed. ALTERNATIVES 1. Certify the EIR with changes or additions to the mitigation and monitoring program in addition to those recommended by staff. 2 . Continue action to date certain. Council may wish to continue the item to a date certain to allow staff to address specific concerns. 3 . Do not certify the EIR if the council feels the EIR does not comply with CEQA and the City' s Environmental Guidelines. If the EIR is not certified, annexation will be postponed indefinitely. Council should specify lack of compliance issues to allow the EIR to be modified to accommodate them. RECOMMENDATION Adopt the attached resolution certifying the Final EIR for the Broad Street Annexation. ATTACHMENTS Vicinity Map Draft Resolution Annexation Area Map •/L r271 I; 7 r7J5— (KS -TV) `. ) SCALE 1':2000 �. 6 star I rl:. ., ..� f v• .. y .(,.: ;.: -y is .r al ` .j .. —• ,.-. — ,'r �: _' ' ;• ' '—j , .•'r_ r r_ �• ,: is ;•�, •:. •:.:•� ' .._ I ospeet z I I yT II .: ma am r - ,•' _-. �I'''. �' ). 1• is as 4 � race ti 71�: ::•; 36 SOUTM °'' O 1 .... it ..,` r ''•.;•••. � I quer ♦�•� ,•i � '." i 1 ,;+• • '-�r•1- ---J . �• , ark Radio Tower : \ ,' Sini�O1�11 • t�ii• }_J/' ) �. •i °(KATY) - ♦�, Sek f •�dt �•, - 6w ?00 :s•• P � '"' Tt,rWaa rmi I -- _ 9 H + 8 #• _� , 0 Wale I � C Tan ksw �ia. M vy •�+1.i •:: :V Ta k •ala• ' Woo ♦,'o�• j=! \, .''1�� .\. ! M li.. . . "9G�ti• I .JOS ` , 1 •Iso: _ ,,� .:., ..;\ t .�.'�.�.` Curr � • wW .:.� I , , 1 BN 221 Trailer r`, 1 is Ra , " � \\ • i' ': •' ' C Park 4n,• • aft- fell t • Theat;n �� 311 V Dodo a `...� =-: •• .:;. _� .'. _ ' "u ;'1 w.• ` Q `' 6 , ' i ' --- _ LL� .r ,PROPOSED em"� Sewape \,ANNEXATIONDi& 00 JOS `Se k! : Qo ::. ; :; AREA • \I 4 . Lazy AcreaP Trailer Park c• rival —.=06 IL �Ssjt is Obispo t. _+ T,.._ Ar `Ge : .. ` Trailer. is �a��1�.. iei(�1 ■ak.� •�• � Luis Obisporf.. Park _ .... _ I raw -R•O A� , d ` '� _. �' •s'`r�Y' d ao• ■ lab 6&4-:1 en 10 1-e :a l 7 • �I I. r• sas� - rrr � ! mom raw ' Vicinity . MapI Figure 1 - 1 JOHN L WALLACE & ASSOCIATES $-2 CONSULTING CIVIL ENGINEERS RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF- BAN LUIS OBISPO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE BROAD STREET ANNEXATION LOCATED AT 3800 BROAD STREET The Council of the City of San Luis Obispo resolves as follows: SECTION I. Findings. 1. The City has published and made available for public review the draft environmental impact report for the proposed Broad Street Annexation in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Guidelines. 2. The Planning Commission and the. City Council have held public hearings on the Final EIR for the Broad Street Annexation in accordance with the California Government Code. 3 . The Final EIR for the Broad Street Annexation has been prepared after extensive public review and includes responses to comments by the Planning Commission, public agencies and concerned individuals pursuant to CEQA. SECTION 2. Final EIR Certification. The City Council hereby certifies that: 1. It has reviewed and considered the Final EIR for the proposed Broad Street Annexation, and finds that the Final EIR reflects the independent judgement of the City Council. 2. The Final EIR has been completed in compliance with CEQA and the City's Environmental Guidelines. 3. The Final EIR adequately identifies the project's potentially significant adverse impacts and alternatives . to the proposed action, and that the mitigation measures and monitoring program listed in Table 2-2 of the Final EIR will avoid or substantially lessen adverse impacts to traffic and circulation, water and sewer services, and drainage to levels of non-significance. 4. The Council determines that the project may be approved despite significant, unavoidable adverse air quality impacts .3-�3 council Resolution No. (1992 Series) Page 2 resulting from development within the proposed annexation, due to overriding considerations in support of the proposed project, pursuant to Section 15093 (b) of CEQA. These are: A. Annexation will promote well-planned, orderly, and esthetically attractive development in this area, consistent with City standards and compatible with adjacent City areas; B: Traffic safety measures,. including driveway access limitations on State Highway 227, and trip reduction programs will be implemented in the annexation area and result in greater public safety and convenience than would be possible under County zoning; C. Urban services such as police, fire, water and sewer services will be available to the area which is expected to develop with urban type commercial and industrial uses, whether or not annexation is approved; D. Enhanced property, utility and sales tax revenues will defray public service costs and allow public improvements in the annexation area to improve the public health, safety, and welfare; and E. Air quality impacts described in the EIR are based on the number of vehicle trips, not on the number of miles driven. Potential uses under City zoning may provide goods and services for nearby residents that are currently not available within walking, biking or short-driving distance. Development under the City-proposed zoning is likely to have a less significant impact on air quality than implied by the air quality impact analysis based solely on number of vehicle trips. 5. Potential impacts found not to be significant due to absence in the area, minor effects or project characteristics are: community plans and goals, population distribution and growth, land use, noise, geology and topography, plant and animal life, archaeology or historic resources, esthetics, and energy and resource use. SECTION 3. Mitigation Measures and Monitoring Program. The Council hereby approves and incorporates the mitigation measures and monitoring program listed in Table 2-2 of the . Final EIR (April 1992) into the annexation project, with the following changes to be incorporated into the Final EIR: '54 Council Resolution No. (1992 Series) Page 3 1. Water Main Extension. Delete mitigation measure number 1 on page 2-15. Approved plans for the Southern California Gas Company corporation yard already include extension of a water main along Industrial Way to serve Lot 3 . 2. Fire Hydrants. Revise mitigation measure 6, page 2-16, changing implementation timing from 112/4" to "1" to insure that fire hydrants are installed "upon annexation? On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1992 . Mayor ATTEST: City Clerk Council Resolution No. (1992 Series) Page 4 APPROVED: City dministrative Officer "d1 i tt ne r/ �F Community Deve o went Director wiii ... m. LLIZ CL ® y O N d Q } m . CO ac a co AvM iraisno o J co Q. J - .0 v ' Z o . N } ro 1,10 < H F z = o r i o 4c a O s a p . � I pf•'' ,Annexation Area Map , Figure 2- 1 jOWN' L. WALLACE & ASSOCIAT ink*'k'k#tk**�kiF�lrit�ltit*�It1t' ITEM' #3 BROAD STREET ANNEXATION - EIR was previously distributed under separate cover ++f1 id4.i M� S IJ•o,J r�t� M, lir + I J r•, , .40 ai FOCUSED ENVIRON .. ACT REPORT r� h FOR SE Y'a + s, r 4 y ill ] ANN ET .A:,T1,O`N , PREPA-Rr F}OR; ��IlIIIIIIII� �� ��I'IIIIIII� I � ' J Ar: 1 .• �' \1J.: [ys:'r^n{x t+� '� \rte{ C1 / O 8'1•S O DEPARTMENT OF COMMUNITY'OEVE PMENT.99TM0;PALAA(STREET P.O. BOX 8100, SAN 1U18:`0618P0.>CA"'9,3409:;8100::.,.1806) 781-7170 + } I n,ri , ` JOHN L. WAI:L� � Q' 1 CONSULT ; 4115 So. Broad Strut ;S.te a6 •t$oif"'Lu Ob18gd;SCA 93401 X Lyy.. '! f{gl,1r',iRLL.yI.,.. .. {"Ir tt � tltti , AP I C t C i} .rJ .Y[n°Y•�$'q.-r1 � 11�,ilJ" IJ ryJ° JfILi, . � .{RI�\NiTn ,1f14.'{�k�FY{.W.i;;•�It YY��j;:i..l::;d1 7�.. 1. L t IrztTiN AGENDA DATE J�ITEM 0 _ ROBERT H. MOTT ATTORNEY AT LAW 960 SANTA ROSA STREET COPISTO: SAN LUIS OBISPO. CALIFORNIA 93401 ❑*DenoeesAction ❑ FYI 605/5<.-675' LJ camcl eCMDIR. PAX/5aa-876A a CAO ❑ FIN DIR. 13'ACAO ❑ FIRE Cl EF June 15, 1992 ET ATTORNEY O Fw DIR. [a CLERK/ORIG. ❑ POUCECK ❑ MGMT.TEAM ❑ REC DIR ❑ C READ FILE ❑�ITII DIFL F Ron Dunin Penny Rappa PeJerPinard ryReiss Veo Bill Roalman City Council AN 15"r.g9�1. City Hall SAN iry uk , 990 Palm Street San Luis Obispo, CA 93401 Re: Broad Street Annexation Dear Council Member: I represent Mr . Garry Holdgrafer, managing General Partner of 2083 Partnership. The partnership owns Lot 92 which fronts on Highway 227 . 2083 Partnership strongly objects to the proposed Environmental Impact Report that severely limits access from Highway 227 to their property. The E. I .R. proposes a common 30-foot driveway with an adjoining owner (Williams Brothers - Lots 90 and 91) and recommends "limited" access to my client ' s parcel . The adjoining parcel (Williams Brothers) has their own access to their property plus the proposed common driveway. The E. I. R. provides for individual access to all other parcels fronting on Broad Street except 2083 Partnership. The owners of Lots 98, 99 and 100 have the opportunity at the time of development application to request additional driveways . My client does not have this same provi- sion made for his Lot 92 . I have enclosed a copy of the map showing the area in question. My client does not want a common access driveway of 30 feet as his only driveway plus he also needs a separate 40 foot wide access driveway. A major retail tenant has and will insist upon separate access to Lot 92 in a defined area. We cannot obtain a major retail tenant or occupant with access defined as "limited" if the retailer is sharing a common driveway with Williams Brothers . Feasible development of this entire area is not realistic without provid- ingmajor retailers defined access that will allow patrons to have easy access to their business . A major retailer is not interested in a potentially insecure or vague access to their business. The loss of a major retailer for the site will deprive ROBF KT H. MOTT r ATTORNEY AT LAW the, city of a large amount of annual, tax revenues. It is possible to provide for adequate traffic safety by use of deceleration lanes, recessed street -type entries, special paving and signage and directional turn restrictions with our proposed 40-foot separate access. 2083 Partnership requests that the city certify the E.I.R. with the following change to the mitigation and monitoring program recommended by staff: (1) A 40 foot -wide driveway access should be permitted for Lot 92. (2) The 30 foot -wide common driveway between Williams Brothers Lot 91 and Lot 92 (2083 Partnership) would be used as a secondary driveway only. If you have any questions, my client will be present at the City Council meeting to answer them. Very truly yours, ' ROBERT H. MOTT RHM:mr cc: Garry Holdgrafer Vic Montgomery t- 0 100 200 400 0 o pR��E Q D u SpORpM�N�O Q sr a � I I 1 2 I I ACCESS EASEMENT I TO BE REQUIRED I _UPON SUBDIVISION 80'PGRE 1 f I PROPOSED 1EAREMENT I SUBDIVISION LINE o I I -�--- ---- - PROPOSED AN a I I U 90 91 92 MCI � I 93 ! I I I RECOMMENDED 3 I I COMMON I ACCESS DRIVEWAY IN 30' ACCESS EASEMENT EXISTING ACCESS POINT TO BE �- LEGEND: ABANDONED UPON DEVELOP - . _ MENT BRAD Existing access point STRE1 ' i Proposed access point (as shown on proposed or approved Development Plans) q - r Access limited =0 i Class II-B Bike Lane Per May 1985 Bicycle Facilites Plan MEETING ,; �.SNDA DATE 6%�� ► 'EM # County of San Luis Obispo COUNTY GOVERNMENT CENTER,RM.370•SAN LUIS OBISPO,CALIFORNIA•(805)599.5011 COPIBTO: ❑•De ows Action ❑ FYl �C�d [CDD DIR. June 1, 1992 g� ❑ FIN.DIP- OFFICE OF THE L��,ACAO ❑ FIRE ADMiN1STRATOR Jeff Hook Q A'�az D FW DIR. C'T CLERIcioRlc. ❑ POLICE a I Community Development Dept ❑ MCMT.TEAM ❑ RBC DIP. City of San Luis Obispo ❑ C.READ Flit ❑ LML DIS. P.O. Box 8100 0" 7, T Er FILL' EC �v�® San Luis Obispo, CA 93403-8100 RE: Comments on the Final EIR 1 1991R for the Broad Street Annexation X �/ CITr Dpi NCIL s�A U.oaisEo.rA Dear Mr. Hook, Thank you for forwarding me a copy of the Final EIR Based on the responses to my comments. on the Draft EIR I would hike to share the following with you and the City Council as they consider the certification of the EM For the purpose of evaluating the potential impacts of annexation by the City, our office considers the EIR adequate. However, as previously stated in our Draft EIR comment letter, we have some concern over the use of this EIR for future/current coun projects within (and surrounding) the annexation area should the annexation not be approved or be postponed for any length of time. Based on the Final EIR and responses to our Draft EIR comments, the County wants to make it clear that the EIR's analysis and conclusions for the County zoning alternative, or "no project", may be somewhat incomplete, especially for water and wastewater impacts. The summary of environmental impacts in the Final EIR (pg. 2-3) under Water and Sewer Service states that City water and sewer service will not be made available above what has already been committed through previous agreements, and on-site systems would need to be developed to provide for most of the water/wastewater needs. While the County Development Scenario (pg.5-4) identifies limitations for on-site water and wastewater capabilities. it does not appear to be reflected in the analysis of some of the following chapters and tables (see Table 6.1) on potential uses/number of employees. Where assumptions are made about potential uses and/or number of employees under the County scenario, it should be qualified that 1) the numbers used are based on unlimited on-site water availability and sewage capacity, and 2) actual on-site water availiibility and sewage capacity may significantly reduce the development potential for some or many of these parcels within the annexation area. As an example, this office is currently processing an application for a 75,000 sq. fL industrial complex with an engineered on-site septic system approximately 1/2 mile from the annexation area. Based on available information, with the sewage system proposed compared to the waste that could be generated, the only uses acceptable to avoid system failure would be comparable to"industrial warehouses"with very few employees. At this point, the Plumbers &SteamStters project within the annexation area currently being processed by the County, may be facing a similar predicament. Table D-6 in Appendix D calculates that under the existing zoning up to 75,403 gpd of effluent could be generated over the 78 acre site. Subtract the current city sewer agreements of 6,773 gpd (Table 8-3)for a total of 68,630 gpd. Based on existing information, new development may need to use land-intensive wastewater disposal systems, such as Evapo-Transpirationft ltration (ETI) systems If a reasonable 'worst case" scenario were considered where ETPs were to handle 68,630 gpd, roughly 19 to 39 acres would need to be dedicated solely for this purpose. This could reduce development potential by 25 to 50%, based on parcel size alone. We hope the above examples clarify that, while this EIR provides sufficient information on the City alternative, it would not provide sufficient information on environmental impacts on the County alternative should the annexation be delayed/denied, and a project came in for County processing. Thanks for your time on this matter. Sincerely, /JofMcKenzie Environmental Specialist c-Mayor Run Dunin & City Council Members -Dana Lille�y, County Planning Department Wa II&LW_fJ{ssoc %wp5I\ek\t*wpn2xb 2 LAW OFFICES PETER C. MILLER* MILLER & WALTER WILLIAM S. WALTER* A Partnership Including Professional Corporations 679 MONTEREY STREET SAN LUIS OBISPO, CALIFORNIA 93401 *Professional Corporation TELEPHONE (805) 541-6601 June 16, 1992 Mayor Ron Dunin City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 RE: Broad Street Annexation: Certification of Final Focused EIR Dear Mayor Dunin: �-14 -�?O? A�� �, mCable Address PROPLAW Telefax (805) 541-5766 HAND DELIVERED This office represents The Coleman Company, Inc., and we have previously submitted comments in a letter and attachments dated January 15, 1992, pertaining to the Draft Focused EIR for the proposed Broad Street Annexation. We have been working with city staff to resolve concerns of our client with the annexation, and feel that a number of concerns are resolvable. City staff has indicated that a specific pre - annexation agreement can be entered into after certification of the EIR and before the Council's consideration of the annexation request in early July 1992. Unfortunately, we do not feel that the concerns under the California Environmental Quality Act raised in our correspondence of January 15, 1992, have been adequately addressed, and we do not feel that adequate responses to our comments are part of this final document. Therefore, we continue to maintain that the document is inadequate. We will, however, continue to work with city staff to resolve concerns pertaining to the annexation. Very truly yours, WILLIAM S. WALTER A Profess"'ohal Corporation By: Wil�a S. Walter WSW/ar cc: H. Pfountz, Esq., The Coleman Company, Inc. City Council Members