HomeMy WebLinkAboutr 10567 Final Impact Report prepared for the LUCE RESOLUTION NO. 10667 (Series 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL PROGRAMNIATIC
ENVIRONIMENTAL IMPACT REPORT (EIR) PREPARED FOR THE
LAND USE AND CIRCULATION EILEMENT (LUCE) UPDATE
PROGRAM (APPLICATION #GPI/ER 16-12)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall. 990 Palm Street, San Luis Obispo,
California, on September 10. 2014, for the purpose of considering the Final EIR prepared for the
LUCE Update Program; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding a
recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR for
the LUCE Update Program; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS. The Draft EIR was released on June 13. 2014 with a 45-day comment
period that closed on July 29, 2014 and the Final EIR was issued on September 3. 2014; and
WHEREAS, the Final EIR responded to 25 comment letters offered during the comment
period and found no new impacts or mitigation measures were identified; and
WHEREAS, the Planning Commission reviewed and considered the Final EIR and
mitigation monitoring program prepared for the project at a public hearing held on September
10. 2014: and
WHEREAS, at the September 10, 2014 hearing, the Planning Commission duly
considered all evidence, including the testimony of the applicant, interested parties, and the
evaluation and recommendations by staff, presented at said hearing; and
WHEREAS, the City Council held a public hearing in the Council Chamber of City Hall,
990 Palm Street. San Luis Obispo, California on September 16. 2014 to review and consider the
Final EIR and mitigation monitoring program prepared for the project and to consider all
evidence, including the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff and by the Planning Commission; presented at said hearing; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
R 10567
Resolution No. 10567 (2014 Series)
Page 2
SECTION 1. Findings. Based upon all the evidence. the Council makes the following
findings in addition to the CEQA findings detailed in Exhibit A:
I
Findines
I. The Final EIR was prepared in compliance with the California Environmental Quality
Act (CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independentjudgment of the City.
3. For each potentially significant effect identified in the EIR under the categories of
Agricultural Resources, Cultural Resources and Public Services, the approved
mitigation measures contained in the EIR will avoid or substantially lessen the
identified adverse environmental impacts of the project to a level of insignificance
and have been incorporated into the project.
4. The significant effects identified in the Air Quality; Traffic and Circulation, and
Noise sections of the EIR will not be fully mitigated to a degree of insignificance
with the incorporation of all the identified mitigation measures included in the EIR.
However, the City Council finds that the adverse environmental effects are acceptable
and makes a statement of overriding considerations for those significant and
unavoidable environmental impacts because:
a. Mitigation strategies identified in the Final EIR and policies and programs
contained in the LUCE update that require compact transit-oriented infill
development and improved multi-modal circulation will help to reduce
emissions to the extent feasible.
b. The project will result in increased housing capacity to link housing to
employment opportunities, resulting in reduced commuter trips and therefore
reduced vehicle miles traveled. This will help to reduce emissions in the long
term.
c. The LUCE Update includes policies and programs that will improve internal
circulation within the City, such as north-south streets connecting Buckley
and Tank Farm Roads, the connection of Buckley Road to South Fliguera
Street and the Prado Road east to west connection over US 101. This will also
reduce vehicle miles traveled and will have air quality benefits in the long
tern.
d. Policies and programs contained in the LUCE promote transit-oriented
development, bicycle and pedestrian infrastructure, complete streets other
incentives that will reduce the City's reliance on the automobile. The will
also have long-term air quality benefits.
SECTION 2. Action. The City Council does hereby certify the Final EIR for the project
with findings and mitigation measures as described in attached Exhibit A.
Resolution No. 10567 (2014 Series)
Page 3
Upon motion of Council Member Smith, seconded by Vice Mayor Christianson, and on
the following roll call vote:
AYES: Council Member Smith, Vice Mayor Christianson
and Mayor Marx
NOES: None
ABSENT: None
ABSTAFNTED: Council Members Ashbaugh and Carpenter
The foregoing resolution was adopted this 16`h day of September 2014.
_`ter, May6r pati Marx
i� _.ATtTEST
lionv J. eji . MM
City Clerk
APPROV D AS -ORM:
Christine Dietnck
City Attorney
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 4
CITY OF SAN LUIS O131SPO
FINDINGS OF tINI1TIGATION AND
ADOPTION OF imiTIGATION MONITORING PROGRAM FOR THE
LUCE UPDATE PROJECT
1. Environmental Determination
The City Council of the City of San Luis Obispo considers and relies on the Final Programmatic
Environmental Impact Report (State Clearinghouse Number 2013121019) for the Land Use and
Circulation Element (LUCE) Update in determining to carry out the proposed amendments to the
General Plan. The Final EIR consists of the Draft EIR; responses to comments on the Draft EIR;
a list of persons and agencies commenting on the Draft EIR; a Mitigation Monitoring Program;
and technical appendices. The City Council has received, reviewed. considered; and relied on
the information contained in the Final EIR, as well as information provided at hearings and
submissions of testimony from official participating agencies, the public and other agencies and
organizations.
Having received, reviewed and considered the foregoing information, as well as any and all
information in the record, the City Council of the City of San Luis Obispo hereby makes these
Findings pursuant to, and in accordance with, Section 21031 of the Public Resources Code. as
follows:
IL Summary Project Description
The LUCE Update Project (the "Project' or "proposed Update Project") provides proposed
changes to the City's existing Land Use Element and Circulation Elements of the General Plan
(last updated in 1994). It is the intent of the proposed Project to establish and implement a
refined set of goals, policies, and programs for regulating development in the city, guiding the
land use decision-making process, balance population growth with infrastructure availability. and
provide a true multimodal transportation system that will guide the community over the next 20
years.
The LUCE Update reflects extensive efforts and input from community surveys, workshops and
open houses, advisory bodies, the Task Force for the Land Use and Circulation Element Update
(TF-LUCE), City staff. consultants, the Planning Commission, and City Council. Based on
direction from the City Council that the Update Project primarily address infill opportunities,
changes in legislation, and the need to update existing policy direction to reflect current values
and requirements, the LUCE Update focuses on updated policy language and several areas of the
City where "physical" land use changes are proposed. The proposed physical land use changes
would apply only to specified areas that over the next 20 years may have the potential to
accommodate changes in the land use type or intensity or are in need of circulation and
infrastructure improvements. From a policy aspect, the LUCE Update proposes changes to
existing policy and program language, and new policies and programs where needed to enhance
the two Elements or cover items not previously addressed. The policies and programs included in
the LUCE Update are intended to:
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 5
• Address notable policy gaps that have been identified over time in the existing LUCE:
• Provide new policy direction to address issues raised during the proposed Project's public
participation process;
• Respond to changes in state law;
• Address topics or items that the City committed to addressing as part of the Sustainable
Communities grant that provided funding for the Update Project: and
• Address inconsistencies between the proposed project and the Airport Land Use Plan for
San Luis Obispo County Regional Airport.
The Land Use Element Update proposes to "preserve and enhance" existing conditions in most
areas of the city. The physical changes proposed by the Land Use Element Update are for the
most part limited to changes in land use type or intensity in specific areas. These changes include
proposed mixed use redevelopment of some sites, the infill of underutilized locations, and four
sites that will require modified or new specific plans to addresses development parameters such
as the location and types of land uses. infrastructure needs, and designs to address environmental
constraints. These four sites include: Potential modification of the Margarita Area Specific Plan
to allow increased residential densities; and new specific plans for the San Luis Ranch (formerly
known as the Dalidio site), the Madonna property at Los Osos Valley Road (LOVR), and the
Avila Ranch. Policy direction was also refined relative to a set of "Special Planning Areas"
(Section 83.3 in the proposed Land Use Element Update) throughout the City. This policy
guidance provides policies regarding the City's expectations for these sites of new development,
redevelopment, and infill opportunities.
The policy and program updates proposed in the Airport Chapter of the Land Use Element
reflect airport safety, noise, height and overflight considerations consistent with the purposes of
the State Aeronautics Act. Policies, programs, and Zoning Code implementation have been
drafted to create an Airport Overlay Zone to codify airport compatibility criteria for areas subject
to airport influence consistent with the requirements of Cal. Pub. Utilities Code Section 21670,
et. seq, the California Airport Land Use Planning Handbook, and other related federal and state
requirements relating to airport land use compatibility planning. These include allowable uses
and development standards such as density and intensity limitations, identification of prohibited
uses, infill development, height limitations, and other hazards to Flight, noise insulation; buyer
awareness measures, airspace protection, nonconforming uses and reconstruction, and the
process for airport compatibility criteria reviews by the City.
The Circulation Element Update describes how the City plans to provide for the transportation of
people and materials within San Luis Obispo with connections to other areas in San Luis Obispo
County and beyond. The Circulation Element Update recognizes the implications of land use
policy on all modes of movement, and establishes policies, standards, and implementation
measures that work with the Land Use Element to address both existing and potential circulation
opportunities and deficiencies. But beyond addressing changes in land use. the Circulation
Element Update also looks at the circulation system of the community as a whole. Introducing
the concept of "complete streets", the update looks to integrate and enhance all types of
circulation in order to create a more comprehensive and functional circulation system.
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 6
The proposed Circulation Element provides policy language to address a variety of circulation-
related issues, including: traffic reduction; transit; encouraging the use of bicycles and walking;
traffic management; future street network changes; truck, air and rail transportation; parking
management in commercial areas and residential neighborhoods; and scenic roadways. A new
section added to the Circulation Element addresses multi-modal transportation, or the
development and maintenance of a circulation system that balances the needs of all modes of
travel.
As part of the LUCE Update, a comprehensive list of circulation improvements to be considered
(called the "project description") was reviewed and approved for further analysis by the City
Council. This list also included variations of those improvements. Appendix N of the EIR
provides the sensitivity analysis performed on those individual variations. The results of this
sensitivity analysis were then used by the City to determine which variations would be included
as part of the Proposed Project presented in the FIR. From this analysis, the City identified 17
circulation improvements to include in the Proposed Project.
111. The Record
The California Code of Regulations, Title 14, Section 15091 (b) requires that the City's findings
be supported by substantial evidence in the record. Accordingly, the Lead Agency's record
consists of the following, which are located at the City Community Development Department
office, San Luis Obispo, California:
• Documentary and oral evidence. testimony, and staff continents and responses
received and reviewed by the Lead Agency during informational workshops, public
review, and the public hearings on the project.
• The LUCE Update Final Programmatic Environmental Impact Report, Volumes 1, ll,
111, IV and V.
IV. The September 2014 Final Programmatic Environmental Impact Report for the
LUCE Update
The City Council of the City of San Luis Obispo makes the following findings with respect to
the September 2014 Final Environmental Impact Report for the LUCE Update program SCH
#201312019:
A. The City has considered the information contained in the September 2014 Final
Programmatic EIR for rhe LUCE Update, the public comments and responses previously
submitted, and the public comments and information presented at the public hearings.
B. The City Council hereby finds and determines that implementation of the LUCE Update may
have a significant adverse effect on the environment.
C. The City Council hereby finds with respect to the adverse environmental impacts detailed in
the Final EIR:
1. That, based on information set forth in the Final EIR and the policies and programs
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 7
contained within the LUCE Update, the City Council finds and determines that
changes or alterations have been required in or incorporated into the project which
avoid or substantially lessen the adverse environmental effects identified in the Final
EIR.
2. That, based on information set forth in the Final EIR and in the Findings of Fact, the
adverse environmental effects related to long-tern operational air quality and
transportation and circulation impacts, and temporary noise impacts associated with
construction activity, are significant effects which cannot be entirely mitigated or
avoided if the project is approved and implemented; y
3. That no additional adverse impacts will have a significant effect or result in
substantial or potentially substantial adverse changes in the environment as a result of
the LUCE Update program.
D. The City Council hereby finds and determines that:
I. All significant effects (except operational related air quality and cumulative
transportation impacts and temporary noise impacts associated with construction
activities) that can be feasibly avoided have been eliminated or substantially lessened;
2. The LUCE policies and programs incorporate adequate measures to preclude
significant effects in the following categories: aesthetics; agricultural resources:
biological resources; cultural resources; geological resources; global climate change:
hazards; hydrology and water quality; land use; noise; population and housing; public
services; recreation; and utilities and services.
3. Based on the Final EfR, the Findings, and other documents in the record, specific
environmental, economic, social and other considerations make infeasible other
project alternatives identified in the Final EIR:
4. Based on the Final EIR, the Findings, and other documents in the record, the
remaining unavoidable significant environmental effects of the LUCE program are
outweighed and overridden by the benefits of the project as described in the
Statement of Overriding Considerations.
5. Should the LUCE program have the potential to result in adverse environmental
impacts that are not anticipated or addressed by the September 2014 Final EIR,
subsequent environmental review shall be required in accordance with CEQA
Guidelines Section 15162(a).
V. Statement of Overriding Considerations
Prior to approving a project or program for which an Environmental Impact Report (EIR) was
certified and for which findings were made that one or more significant impacts would result
because mitigation measures or alternatives identified in the EIR are infeasible, CEQA requires
that the Lead Agency find that specific overriding economic, legal, social, technological, or other
benefits of the project or program outweigh the significant effects on the environment. This must
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 8
be a written finding stating the agency's specific reasons supporting its action based on the Final
EIR and/or other information in the record. The requirements for a Statement of Overriding
Considerations are established in Section 15093 of the State CEQA Guidelines (14 CCR 15000
et seq.) and in the CEQA statute in Section 21081 of the Public Resources Code.
The Program EIR for the LUCE Update identifies the following significant and unavoidable
impacts of the program:
1. Implementation of the LUCE Update would involve operation of development
projects that generate long-term emissions of criteria air pollutants and ozone
precursors. Implementation of the LUCE Update would not result in the exposure of
sensitive receptors to substantial sources of local carbon monoxide concentrations,
odors, or TACs. However, with regards to criteria air pollutants and precursors
implementation of the LUCE Update would not be consistent with the assumptions
contained in the most recent version of the APCD's Clean Air Plan even with the
incorporation of the proposed LUCE Update policies and existing City policies.
2. Implementation of development projects under the proposed LUCE Update would
involve construction that could generate noise levels that exceed applicable standards
for mobile construction equipment in the City's Noise Control Ordinance and result
in temporary substantial increases in noise levels primarily from the use of heavy-
duty construction equipment.
3. Development and street network changes under the LUCE Update will cause
roadways currently operating at LOS D or better to deteriorate to LOS E or F. in
downtown San Luis Obispo, roadways operating at LOS E or better will deteriorate to
LOS F, or will add additional traffic to roadways operating at LOS E (outside of
downtown) or F (in downtown).
4. Development and street network changes under the LUCE Update will cause
intersections currently operating at LOS D or better to deteriorate to LOS E or F. in
downtown San Luis Obispo, intersections operating at LOS E or better will
deteriorate to LOS F, or will add additional traffic to intersections operating at LOS E
(outside of downtown) or F (in downtown).
5. Development under the LUCE Update will increase traffic on freeway facilities.
For projects or programs which would result in significant environmental impacts that cannot be
avoided. CEQA requires that the Lead Agency balance the benefits of these projects against the
unavoidable environmental risks in determining whether to approve the projects. If the benefits
of these projects/programs outweigh the unavoidable impacts, those impacts may be considered
acceptable (CEQA Guidelines Section 15093[a]). CEQA requires that, before adopting such
projects or programs, the Lead Agency adopt a Statement of Overriding Considerations setting
forth the reasons why the agency finds that the benefits of the project outweigh the significant
environmental effects caused by the project. This statement is provided below.
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 9
Required Findines
The City has incorporated all feasible mitigation measures into the project. Although these
measures will significantly lessen the unavoidable impacts listed above; the measures will not
fully avoid these impacts.
The City has also examined a reasonable range of alternatives to the project and has incorporated
portions of these alternatives into the project in order to reduce impacts. The City has determined
that none of these alternatives, taken as a whole, is both environmentally superior and more
feasible than the project.
Alternative 1 (No Project): The No Project Alternative compares the environmental impacts of
the proposed LUCE Update to the impacts that would result if the project were not approved and
future development in the city occurred in accordance with the land use and policy requirements
of the existing 1994 Land Use and Circulation Elements. Buildout of the existing Land Use
Element would result in fewer dwelling units when compared to the proposed LUCE Update;
however. buildout of the existing Land Use Element would result in an increase of non-
residential uses when compared to the proposed Land Use Element. Under the No Project
Alternative, several new street network changes and circulation system modifications identified
by the Circulation Element Update would not be implemented. In addition, policies and
programs intended to reduce vehicle trips; and to enhance transit, bicycle, and pedestrian
circulation would also not be implemented. As such, impacts would be generally greater with
implementation of the No Project Alternative.
Alternative 2 (Reduced Development Alternative): This alternative evaluates environmental
conditions that would result if the residential and non-residential development capacity of the
proposed Land Use Element Update were to be reduced. This alternative would only reduce
development identified by the Land Use Update related to the proposed specific and area plans,
and special planning areas. The Reduced Development Alternative would not reduce planned
development associated with existing specific plans, planned and approved projects, or other
vacant land in the city. The Reduced Development Alternative would generally have reduced or
similar environmental impacts when compared to the impacts of the proposed Project. The
Reduced Development Alternative, however.. would not implement the environmental objectives
of the proposed Land Use Element Update and has the potential to leave the city unable to meet
capacity for future regional housing needs allocations. A reduction in development in the
proposed specific plan areas would be inconsistent with the objective to protect the environment
within a compact urban form because developing the specific plan areas at densities that are
substantially less than their capacity could promote additional development in other areas, such
as unincorporated areas adjacent to the city.
Alternative 3 (Maximum Circulation Improvements Alternative): This alternative would provide
three street system modifications not included in the proposed Land Use and Circulation Element
Update proposed project. This alternative would generally result in environmental impacts that
are similar to the proposed Project, but would have slightly reduced air quality, greenhouse gas
emission, and traffic impacts. Considering the slight reduction in vehicle miles traveled and the
associated slight reduction in air emissions (a Class 1 impact) this alternative was determined to
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 10
be the environmentally superior alternative. This alternative would also have the potential to
result in increased cultural resource, biological resource and noise impacts along portions of the
alternative roadway system projects; however, it is likely that those impacts could be reduced to
a less than significant level with the implementation of appropriate design and other mitigation
measures. The Maximum Circulation Improvements Alternative would result in area-wide
environmental benefits associated with reductions in air emissions and improved traffic
conditions. and would not impede the implementation of proposed Land Use and Circulation
Element Update objectives. Therefore, the Maximum Circulation Improvements Alternative
would be the environmentally superior alternative to the proposed project that fulfills the basic
objectives of the proposed LUCE Update.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of
the proposed LUCE Update against its unavoidable environmental risks. For the reasons
specified below, the City finds that the following considerations outweigh the proposed project's
unavoidable environmental risks:
1. Provision of new Residential and Commercial Uses. The implementation of the LUCE
Update will include new residential development to meet the City's housing needs and
that designates sufficient land for neighborhood serving commercial uses to reduce
vehicle trips and provide for the convenience of area residents.
2. Open Space and Natural Resource Protection: Implementation of the proposed
LUCE Update would result in the continued preservation of open space within the City's
planning area and outside the urban reserve line. Policies in the LUCE Update direct
protection of undeveloped land, prime agricultural land, productive agricultural land, and
potentially productive agricultural land. Scenic lands; sensitive wildlife habitat, and
undeveloped prime agricultural land will be permanently protected as open space.
3. Provision of Park and Recreational Facilities. Buildout of the proposed LUCE
Update would result in an incremental increase in total per capita parkland in the city
when compared to existing conditions.
4. Nell-Planned Neighborhood Would Reduce Vehicle Trips: The LUCE Update would
result in new residential development opportunities intended to meet the City's housing
needs and designates sufficient land for neighborhood serving commercial uses to reduce
vehicle trips and provide for the convenience of city residents. The proposed Circulation
Element provides policy language to address a variety of circulation-related issues,
including: traffic reduction; transit; encouraging the use of bicycles and walking; traffic
management; future street network changes; truck, air and rail transportation; parking
management in commercial areas and residential neighborhoods; and scenic roadways. A
new section added to the Circulation Element addresses multi-modal transportation,
supporting the development and maintenance of a circulation system that balances the
needs of all modes of travel.
i
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 11
5. Provision of New Jobs: The project would create new construction-related and
permanent jobs in the city. Increases in planned commercial development would provide
newjobs that are needed to support a household within the city.
6. Implementation of the General Plan: The LUCE Update contains policies and
standards that will facilitate appropriate development of land, protection of open space,
improved citywide circulation. and provision of adequate public facilities.
Accordingly, the City finds that the project's adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
IMPACT ANALYSIS: Pour categories of impacts are identified:
Class I. Class I impacts are significant and unavoidable. To approve a project resulting
in Class I impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that "... specific legal, technological, economic, social, or other
considerations make infeasible the mitigation measures or alternatives identified in the
EIR...11
Class 11. Class II impacts are significant but can be mitigated to a level of insignificance
by measures identified in this EIR and the project description. When approving a project
with Class IT impacts, the decision-makers must make findings that changes or
alternatives to the project have been incorporated that reduce the impacts to a less than
significant level.
Class IIL Class III impacts are adverse but not significant.
Class IV. Beneficial impacts.
VI. Potential Environmental Effects Which Are Not Significant or Beneficial
The City Council has concluded that the following effects are not considered significant.
Impact AES-1
Development under the LUCE Update would introduce new development along viewing
corridors and scenic roadways, including state scenic highways, in the San Luis Obispo area.
This could have a substantial adverse effect on scenic resources or an identified visual resource
or scenic vista from a public viewing area. With the incorporation of the proposed LUCE Update
policies and existing City policies, potential impacts to such views are considered Class 111, less
than significant.
Impact AES-2
The LUCE Update emphasizes both reuse of existing urbanized lands, infill development on
vacant parcels, and new development on vacant parcels near urban areas. The development of
such areas could degrade the existing visual character and its surroundings. With the
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 12
incorporation of the proposed LUCE Update and existing City policies and programs, potential
impacts related to existing visual character changes are considered Class III, less than significant.
Impact AES-3
Proposed development in accordance with the LUCE Update would introduce new sources of
light and glare. However, adherence to policies included in the Zoning Ordinance and
Community Design Guidelines would reduce potential impacts to a Class Ill, less than
significant, level.
Impact AG-I
The LUCE Update could alter the existing land use and zoning on sites throughout the city and
may result in incompatibilities with adjacent urban and agricultural uses. However, the General
Plan reduces land use conflicts through policies and plan review. Therefore, impacts that would
occur from development would be Class 111, less than significant.
Impact BIO-1
Development under the LUCE Update has potential to impact common habitat types including
non-native annual grasslands and disturbed/ruderal areas that provide habitat for common
wildlife and plant species. With the incorporation of the proposed LUCE Update policies and
existing governing policies, potential impacts to these common habitats are considered Class 111,
less than significant.
Impact BIO-2
Development consistent with the LUCE Update has potential to impact four Natural
Communities of Special Concern present within the LUCE SOI Planning Subarea including
Serpentine Bunchgrass. Northern Interior Cypress Stand, Central Maritime Chaparral, and
Coastal and Valley Freshwater Marsh. With the incorporation of the proposed and existing City
policies, and the requirements of regulatory and oversight agencies, potential impacts to sensitive
habitats are considered Class 111, less than significant.
Impact BIO-3
Development consistent with the LUCE Update has the potential to impact special-status plant
species within the LUCE SOI Planning Subarea. With the incorporation of the proposed and
existing City policies, and the requirements of regulatory and oversight agencies, potential
impacts to special-status plant species are considered Class III, less than significant.
Impact BIO-4
Development consistent with the LUCE Update has potential to impact special-status wildlife
species within the LUCE SOI Planning Subarea. With the incorporation of the proposed and
existing City policies, and the requirements of regulatory and oversight agencies, potential
impacts to special-status wildlife species are considered Class III, less than significant.
Impact BIO-5
Development consistent with the LUCE Update has potential to impact common wildlife species
and species of local concern within the LUCE SOI Planning Subarea. With the incorporation of
I
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 13
the proposed and existing City policies, and the requirements of regulatory and oversight
agencies, potential impacts to cotmnon and species of local concern are considered Class III, less
than significant.
Impact CR-2
Development facilitated by Land Use and Circulation Element Update could adversely affect
identified and previously unidentified archaeological and paleontological resources. This
includes potential disturbance of human remains. General Plan policies would ensure that such
impacts are addressed on a caseby-case basis. Impacts would be considered Class Ill, less than
significant.
Impact GEO-1
New development under the LUCE Update could be susceptible to impacts from future seismic
events, creating the potential for structural damage or health and safety risks. However,
compliance with required building codes and implementation of General Plan polices would
result in a Class III, less than significant impact.
Impact GEO-2
Future seismic events could result in liquefaction of soils near San Luis Obispo Creek, Prefutno
Creek and other low-lying areas. Development in these areas could be subject to liquefaction
hazards. The compliance of future development projects with the California Building Code
(CBC) and General Plan policies would result in Class 111. less than significant impacts.
Impact GEO-3
Development facilitated by the LUCE Update could occur on soils that have the potential to
present natural hazards (expansive soils, erosive soils, and differential settlement) to structures
and roadways. Development could also result in the loss of a unique geologic feature. However,
compliance of future development projects with the California Building Code and adopted
General Plan policies would ensure that resulting impacts are Class III, less than significant.
Impact GEO-4
Steep slopes outside of the existing city limits present potential on- or off-site landslide hazards.
In addition to human safety impacts, a landslide has the potential to damage or destroy
structures, roadways and other improvements as well as to deflect and block drainage channels,
causing further damage and erosion, including loss of topsoil. The compliance of future
development projects with the California Building Code (CBC) and
General Plan policies would result in Class Ili, less than significant impacts.
Impact GCC-1
Implementation of the proposed LUCE Update could result in an increase in GHG emissions due
to short-term construction and long-term operational activities associated with new housing and
commercial development, resulting in a cumulatively considerable contribution to the impact of
global climate change. However, because the proposed LUCE Update would be consistent with
the City's CAP and incorporates applicable CAP policies and programs that would reduce GHG
emissions, this impact would be considered Class III, less than significant.
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 14
Impact HAZ-I
Development facilitated by the LUCE Update could occur near known hazardous material users
or result in construction in areas with existing hazardous materials. Implementation of the LUCE
Update could expose individuals to health risks due to soil/groundwater contamination or
emission of hazardous materials into the air and could impact an adopted emergency
response/evacuation plan. With the incorporation of the proposed LUCE Update policies and
existing City policies, potential impacts are considered Class III, less than significant.
Impact HAZ-2
Development consistent with the proposed LUCE Update could introduce incompatible
residential and commercial land uses into safety zones established through the Airport Land Use
Plan and may result in a safety hazard for people residing or working in these areas. Impacts
would be Class III, less than significant.
Impact HAZ-3
Development consistent with the proposed LUCE Update would introduce residential land uses
into areas designated as having a Moderate or High Wildland Fire Hazard, introducing the
potential to expose people or structures to a significant risk of loss and/or injury. However,
compliance with existing policies and state and
local regulations would reduce impacts to a Class III, less than significant level.
Impact HAZ-4
Development facilitated by the LUCE Update could introduce sensitive receptors to additional
hazards related to exposure to radiation, electromagnetic fields and hazardous trees. With the
incorporation of the proposed LUCE Update policies and existing City policies, potential
impacts are considered Class IIL less than significant.
Impact HAZ-5
Development under the proposed LUCE Update could potentially introduce sensitive receptors
to areas in direct proximity to hazardous materials transportation corridors including the Union
Pacific Railroad and Highway 101 and could potentially create a public safety hazard. This is a
Class 111, less than significant impact.
Impact HWQ-1
New development under the LUCE Update within the 100-year flood plain could be subject to
Flooding and have the potential to impede or redirect flood Flows. However, with implementation
of General Plan policies and adherence to the City's Floodplain Management Regulation impacts
related to flooding would be Class 111, less than significant.
Impact HWQ-2
Development facilitated by the LUCE Update has the potential to increase the amount of
impervious surfaces within the city. This could result in a decrease in percolation to the
Groundwater Basin, the alteration of drainage patterns and increases in the volume of surface
runoff. Compliance with the City's Stormwater Management Plan (SWMP) would reduce
impacts to a Class III, less than significant level.
i
I�
I
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 15
Impact IIWQ-3
Point and non-point sources of contamination could affect water quality in San Luis Obispo
Creek, Prefumo Creek as well as other surface waters and groundwater in the city. However,
compliance with existing regulations and implementation of General Plan policies and the City's
Stormwater Management Plan (SWMP) would result in Class III, less than significant impacts.
Impact UIWQ-4
Development facilitated by the LUCE Update has the potential to create or contribute runoff
water which would exceed the capacity of existing or planned stormwater drainage systems,
resulting in increased stonmvater runoff and has the potential to result in the need for additional
stonmwater infrastructure. Compliance with the City's Stormwater Management Plan (SWMP),
and State regulatory requirements, would reduce impacts to a Class 111, less than significant.
Impact LU-1
Aspects of the LUCE update would conflict with the airport land use plan. However,
implementation of LUCE policies and programs would ensure that land use conflicts are less
than significant.
Impact LU-2
The proposed LUCE Update would have the potential to result in land use conflicts between
existing and proposed land uses. With the implementation of proposed LUCE Update policies,
potential land use conflict impacts are considered Class III, less than significant.
Impact LU-3
The proposed Land Use Element Update would result in conflicts with applicable habitat
conservation plans or natural community conservation plans. With the implementation of
proposed LUCE Update policies, potential plan and policy conflict impacts are considered Class
111, less than significant.
Impact LU-3
The proposed Circulation Element Update identifies future roadway improvements that would
have the potential to result in a significant impact if the improvements would physically divide
an established community. This impact is considered Class 111, less than significant.
Impact N-2
Long-Term Roadway and Railroad Traffic Noise Levels Implementation of the proposed LUCE
Update would increase traffic volumes and associated noise levels along major transportation
routes. 1n some instances, traffic-related noise increases could be more than 3 dB. the level
typically audible to the human ear and; therefore, considered a substantial increase in noise.
New development associated with the proposed LUCE Update could also result in the siting of
new sensitive receptors in close proximity to transportation noise sources such as the railroad,
with potential to exceed the land use compatibility and transportation noise exposure standards in
the existing Noise Element. However, because the City's Noise Element contains policies and
programs that would address and mitigate potential site-specific impacts for individual projects
in the future, this impact would be considered Class 111, less than significant.
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 16
Impact N-3
Exposure of Noise Sensitive Receptors to Stationary Sources. Implementation of the proposed
LUCE Update could increase stationary source noise levels from new development. New
development associated with the proposed LUCE Update could also result in the siting of new
sensitive receptors in close proximity to these source types, with potential to exceed the land use
compatibility and stationary noise exposure standards in the existing Noise Element. However,
because the City's Noise Element contains policies and programs that would address and
mitigate potential site-specific impacts for individual projects in the future, this impact would be
considered Class 111, less than significant.
Impact N-4
Airport Noise Exposure. Implementation of the proposed LUCE Update would result in the
designation of noise-sensitive land uses located within or near the » dBA and 60 dBA noise
contours of the San Luis Obispo County Regional Airport Land Use Plan. This could result in
exposure of people to excessive noise levels. However, with the incorporation of the proposed
LUCE Update policies that address airport noise compatibility and consistency with the adopted
ALUP, this impact would be considered Class 111, less than significant.
Impact N-5
Exposure to Excessive Vibration Levels. Implementation of the proposed LUCE Update could
increase exposure to vibration levels. However. because the City's ordinance contains and that
these sources (existing and proposed) would be anticipated to be minor, this impact would be
considered Class III, less than significant.
Impact PI-1-1
The LUCE Update would not result in residential unit development or associated population
growth that exceeds an adopted average annual growth rate threshold. Potential population and
housing impacts are considered Class III, less than significant.
Impact PH-2
The LUCE Update would not result in a substantial displacement of residents or existing housing
units. This impact is considered Class Ill. less than significant.
Impact PS-2
Buildout of the proposed Land Use Element Update would increase the demand for police
protection services by increasing population and development in the city. This is a Class 111, less
than significant impact.
Impact PS-3
Buildout of the proposed Land Use Element Update would increase enrollment in public schools
by increasing the population of the city. This is a Class III, less than significant impact.
VII. Potential Significant Effects Which Have Been i\1itigated to a Level of Insignificance
The City Council has concluded that the mitigation measures identified in the Mitigation
I
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 17
Monitoring Program (Section X1.) will result in substantial mitigation of the following effects
and that these effects are not considered significant or they have been mitigated to a level of
insignificance.
Impact AG-2
Future development in accordance with the LUCE Update could occur on prime farmland,
unique farmland, and/or farmland of statewide importance. Buildout within the City Limits
would result in Class 11, significant but mitigable impacts to agricultural conversion.
Impact AQ-1 (Short-Ternt)
Implementation of the LUCE construction of development projects that generate short-term
emissions of criteria air pollutants and ozone precursors. Emissions from individual construction
projects could exceed APCD's project-level significance thresholds. Thus, implementation of the
LUCE Update could result in construction-generated emissions that violate or contribute
substantially to an existing or projected air quality violation, contribute a cumulatively
considerable net increase of criteria air pollutants for which the region is designated as
nonattaimnent, and/or expose sensitive receptors to substantial pollutant concentrations.
Adherence to relevant policies and implementation of APCD recommended project-specific
mitigation measures would reduce potential short-term impacts to a less-than-significant level.
Thus, construction generated air quality impacts are considered Class ll, significant but
mitigable.
Impact CR-I
Development allowed by the LUCE update could cause a substantial adverse change in the
significance of a historical resource which is either listed or eligible for listing on the National
Register of Historic Places, the California Register of Historic Resources, or a local register of
historic resources. This impact is considered to be Class 11, significant but mitigable.
Impact PS-I
Buildout of the proposed Land Use Element would increase the demand for fire protection
services by increasing population and the number of structures in the city. This is a Class II,
potentially significant but mitigable impact.
VIII. Potential Significant Unavoidable Effects for Which Sufficient tMitigation is not
Feasible
Impact AQ-2 (Long-Term)
Implementation of the LUCE Update would involve operation of development projects that
generate long-term emissions of criteria air pollutants and ozone precursors. Implementation of
the LUCE Update would not result in the exposure of sensitive receptors to substantial sources of
local carbon monoxide concentrations, odors, or TACs. However, with regards to criteria air
pollutants and precursors implementation of the LUCE Update would not be consistent with the
assumptions contained in the most recent version of the APCD's Clean Air Plan even with the
incorporation of the proposed LUCE Update policies and existing City policies. Thus, long-term
air quality impacts are considered Class 1, significant and unavoidable.
Resolution No. 10567 (2014 Series) CEQA Findings Exhibit A
Page 18
Impact N-1
Short-Tenn Construction Noise Levels. Implementation of development projects under the
proposed LUCE Update would involve construction that could generate noise levels that exceed
applicable standards for mobile construction equipment in the City's Noise Control Ordinance
and result in temporary substantial increases in noise levels primarily from the use of heavy-duty
construction equipment (see thresholds a and c). Even with the incorporation of the proposed
LUCE Update policies and existing City policies, short-terns construction noise levels are
considered Class 1, significant and unavoidable.
Impact CIR-1
Development and street network changes under the LUCE Update will cause roadways currently
operating at LOS D or better to deteriorate to LOS E or F, in downtown San Luis Obispo,
roadways operating at LOS E or better will deteriorate to LOS F, or will add additional traffic to
roadways operating at LOS E (outside of downtown) or F (in downtown). This is considered a
Class 1, significant and unavoidable impact.
Impact C1111-2
Development and street network changes under the LUCE Update will cause intersections
currently operating at LOS D or better to deteriorate to LOS E or F, in downtown San Luis
Obispo, intersections operating at LOS E or better will deteriorate to LOS F, or will add
additional traffic to intersections operating at LOS E (outside of downtown) or F (in downtown).
Impact is considered to be Class 1, significant and unavoidable.
Impact CIR-3
Development under the LUCE Update will increase traffic on freeway facilities. Impact is
considered to be Class 1, significant and unavoidable.
I\. Mitigation Monitoring and Reporting Program
Section 21081.6 of the Public Resources Code requires that when a public agency is making
findings required by State CEQA Guidelines Section 15091(a)(1), codified as Section 21081(a)
of the Public Resources Code, the public agency shall adopt a reporting or monitoring program
for the changes to the proposed project which it has adopted or made a condition of approval, in
order to mitigate or avoid significant effects on the environment.
The City Council hereby finds and accepts that the Draft Mitigation Monitoring Program for the
LUCE Update attached hereto and incorporated herein by reference meets the requirements of
Section 21081.6 of the Public Resources Code by providing for the implementation and
monitoring of mitigation measures intended to mitigate potential environmental effects.
I
I