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:
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city o san LuIs oBispo 6
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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)
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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.
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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
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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)
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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 .
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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
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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�
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(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:
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COUNCIL AGENDA REPORT
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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
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COUNCIL AGENDA REPORT
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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.
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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
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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
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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
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ITEM' #3
BROAD STREET ANNEXATION - EIR
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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
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EXISTING ACCESS POINT TO BE �-
LEGEND: ABANDONED UPON DEVELOP - .
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Existing access point STRE1
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Proposed access point (as shown on proposed
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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
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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