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HomeMy WebLinkAbout7/5/2017 Item 12, Sullivan Christian, Kevin From:Michael Sullivan <mcsgday@yahoo.com> Sent:Tuesday, July 04, To:E-mail Council Website Cc:Michael Sullivan Subject:Comments sent to City of San Luis Obispo - for Council hearing of 05 July 2017 6 pm - San Luis Ranch project - from Michael Sullivan Attachments:2017-07-05 _SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a.doc; 2017-07-05 _SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_ A.doc; 2017-07-05 _SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_ B.doc 04 July 2017 To: City of San Luis Obispo From: Michael Sullivan The three documents attached are my comments (MS Word 2003 format) on the San Luis Ranch project, Council hearing of 05 July 2017 at 6 pm. The documents include: - Comments of Michael Sullivan - ATTACHMENT A - ATTACHMENT B If you can, would you confirm receipt of the above 3 documents by e-mail to me at your earliest convenience (not later than 05 July 2017 at 10 am, if feasible.) Thank you. Michael Sullivan mcsgday@yahoo.com 1 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 1 of 7  Monday - 03 July 2017 To: City Council of City of San Luis Obispo, CA emailcouncil@slocity.org From: Michael Sullivan, 9557 Coosa St., Ventura, CA 93004 Tel. 805-647-4101 REGARDING: San Luis Obispo City Council public hearing of Wednesday 05 July 2017 - 6 pm - San Luis Ranch (Agenda item # 12) (Consideration of Council regarding proposed approval of San Luis Ranch project) >>>>> INTRODUCTION My family owns a residential property very close to the proposed San Luis Ranch project. I am concerned about the lack of a legally-adequate analysis of project alternatives. I request that the Council postpone any approval of the San Luis Ranch project until such time as a revised “project Alternatives” analysis is prepared for the San Luis Ranch project. - The main reason for this request is that the City has not operated in conformance with the California Environmental Quality Act (CEQA) or in conformance with the CEQA Guidelines in the selection of appropriate project alternatives to be included in the Final Environmental Impact Report (Final EIR) for this project. - Another reason for this request is that it is possible to create a better project through the use of available project alternatives which meet most project objectives yet provide better benefits, for example, additional on-site open space, better protection of existing trees and riparian corridor, and a lower level of traffic and smog impacts based on a minor reduction in housing units which still allows affordable housing. 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 2 of 7  FAILURE OF CITY TO ABIDE BY California Environmental Quality Act (CEQA) AND CEQA GUIDELINES The following City actions were illegal and improper under CEQA and CEQA Guidelines: (1) Use of conclusory arguments to dismiss and reject project alternatives suggested by the public in comments on the Draft EIR is not allowed under CEQA and CEQA Guidelines. Proposed project alternatives suggested as comments on the Draft EIR by Michael Sullivan and various other persons were dismissed and rejected based on conclusory logic, which violates CEQA Guidelines, 15088(c).) The proposed "Alternative 3M” as proposed by Michael Sullivan in his comments on the Draft EIR, and various other proposed project alternatives submitted by other persons in comments on the Draft EIR, were dismissed and rejected using conclusory arguments, i.e., the argument that only the four alternatives included in the Draft EIR would be allowed, and no others would be added or considered, regardless of merit, because the author of the EIR determined that the original 4 alternatives in the Draft EIR were sufficient. (See also San Luis Ranch Final EIR, Vol. 2, Master Response 1, Adequacy of Draft EIR Alternatives, at p. 8-2 - 8-3.) The San Luis Ranch Final EIR (May 2017), Vol. 2, uses “Master Responses” to address various issues raised by the public, such as suggested project Alternatives, etc. The “Master Response to Alternatives” is used as a means to dismiss and reject any proposed project alternatives other than the four original project alternatives adopted in the Draft EIR, with the argument that those four project alternatives are sufficient under CEQA or CEQA Guidelines and that no other suggested project alternatives need be considered or adopted for inclusion in the Final EIR. This sort of conclusory response is inconsistent with CEQA Guidelines 15088(c). In assessing the merit of a proposed project Alternative, “major environmental issues raised when the Lead Agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice.” CEQA Guidelines 15088(c). 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 3 of 7  (2) The City has not provided a reasonable range of project Alternatives, because: (a) The project Alternatives approved by the City and considered by the City were infeasible because they do not satisfy city objectives and/or project objectives. If the City presents four project alternatives, each of which would not satisfy city objectives and/or project objectives, the City has failed to meet the standards of CEQA Guidelines 15126.6(a) and CEQA Guidelines 15126.6(c). (See discussion, below.) All four of the original Draft EIR Alternatives are found by the City to be infeasible. See, for example, Council staff report (San Luis Ranch council hearing of 05 July 2017, Packet Pg 329-330). (b) The City has refused to provide fair, objective, fact-based reasons for rejecting a suitable, reasonable, project Alternative (called “Alternative 3A”) which was proposed by Michael Sullivan in comments on the San Luis Ranch Draft EIR). Similarly, project Alternatives proposed by various other persons in comments on the Draft EIR were also dismissed and rejected. (See information in section (3), below.) CEQA and CEQA Guidelines mandate that “An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.” See CEQA Guidelines 15126.6(a). As noted below, all four of the original Draft EIR Alternatives are found by the City to be infeasible. See, for example, Council staff report (San Luis Ranch council hearing of 05 July 2017, Packet Pg 329-330). That analysis shows that Alternative 1 is infeasible because it fails to meet the City’s objectives for the project area. That analysis shows Alternatives 2, 3, and 4 are infeasible because they do not satisfy a majority of the key project objectives. However, ‘The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects.’ (See CEQA Guidelines 15126.6(c). Selection of range of reasonable alternatives.) If the City presents project alternatives, each of which would not satisfy city objectives and/or 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 4 of 7  project objectives, the City has failed to meet the standards of CEQA Guidelines 15126(c). Because the City has found the original 4 project Alternatives to be deficient in attaining important project objectives (and therefore infeasible) and because the City has refused to consider Michael Sullivan’s “Alternative 3A” or other Alternatives suggested by other persons, the City has failed to provide a reasonable range of project alternatives. (3) “Alternative 3A” as proposed by Michael Sullivan in comments on the San Luis Ranch Draft EIR is one example of a suitable project alternative. Various other proposed alternatives also have merit. There is no logical reason to dismiss or reject “Alternative 3A” as proposed by Michael Sullivan. “Alternative 3A” fits the requirements of CEQA Guidelines 15126.6(a). It was designed to feasibly attain most of the basic objectives of the project. In fact, “Alternative 3A” as proposed was identical to the project as proposed in the Specific Plan, with the single exception of a minor reduction in the number of housing units from 580 to 530. Under this scenario using “Alternative 3A” the attainment of a reasonable number of affordable housing units would still be possible. “Alternative 3A” also has notable benefits, such as: (a) probable reduction in the Class I impacts to traffic and air pollution, in proportion to the reduction in the number of housing units; (b) more on- site open space available; (c) better opportunity for protection of sensitive habitats near the eucalyptus grove and along Prefumo Creek. The City has allowed use of a Final EIR in which “Master Responses” to various public concerns have been presented. (See San Luis Ranch Final EIR (May 2017), Volume 2). By use of the “Master Response” to proposed Alternatives that were proposed by various by persons who commented on the Draft EIR, the Final EIR employs a standard response (“Master Response” to Alternatives, or to other issues) with the conclusory answer that the four original project Alternatives in the Draft EIR are sufficient and therefore additional proposed Alternatives or substituted Alternatives will not be allowed. This is sort of conclusory response is illegal under CEQA and CEQA Guidelines, as discussed above. >>>>>>> 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 5 of 7  Furthermore, the City should also re-examine some of the proposed project Alternative ideas other than the one I proposed. Example 1 - James Lopes (letter sent to Council for Council hearing of 05 July 2017) suggests several ideas for alternative concepts for the project, such as (a) smaller quantities of residential units (b) smaller allowable commercial-use total floor areas (c) postponement of the project approval until we can organize some workshops to discuss combinations of alternatives Example 2 - Allan Cooper (letter sent to Council for Council hearing of 05 July 2017) suggests: (a) preservation of 244 mature trees in the riparian area (Prefumo Creek) or nearby (b) reduce the number of housing units to help achieve (a) (This is similar to the “Alternative 3A” proposed by Michael Sullivan) (c) re-think the definition of “affordable work-force housing” in terms of more restrictive regulations about who qualifies for such housing Example 3 - Letter 8 and Letter 9 (comments on the San Luis Ranch Draft EIR) discusses concerns about removal of too much topsoil in the agricultural section of the project. One suggestion (in Letter 8) is to use alternative areas (not the project site) for fill dirt. Why is that concept rejected? Other concerns in Letter 10 are also rejected. (4) The responses in the EIR misinterpret and/or misunderstand CEQA and/or CEQA Guidelines. The Rincon consultant(s) who prepared the San Luis Ranch draft EIR and Final EIR also evidently misunderstands the requirements of CEQA and CEQA Guidelines. In the "Master Response 1 - Adequacy of Draft EIR Alternatives," it is stated that an Alternative with fewer housing units, for example with 350 housing units, "would not reduce any identified significant environmental impacts to a less than significant level. Therefore, this potential alternative was not considered further in the Draft EIR." However, under CEQA and CEQA Guidelines, when Class I impacts exist (e.g., traffic congestion and air pollution), the criterion for selection of Alternatives does not limit such Alternatives to ones that "reduce any significant environmental impacts to a less than significant level." Rather, "The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects." CEQA Guidelines 15126.6(c). 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 6 of 7  It is logical to assume that if the number of housing units is related to the amount of traffic congestion or air pollution, then a reduction in the number of housing units would be expected to incrementally reduce those impacts. Indeed, the traffic models used in such predictions follow such logic. Therefore, it would be reasonable to look at “Alternative 3A” or similar concepts which have different levels of reduction in housing units, and then use the traffic models and air pollution models to quantify the reduction in those impacts for a range of quantities of proposed housing units. (5) The purpose of project Alternatives in the EIR is to avoid or lessen severe environmental impacts. The analysis in this San Luis Ranch project has been to maximize both the commercial and residential uses to the most intense and most environmentally damaging level permissible. For example, the General Plan envisions that the number of housing units would be from 350 to 580. The current plan allows up to 580, the maximum. This approach is inconsistent with CEQA Guidelines 15126.6(b): CEQA Guidelines 15126.6(b) - “Purpose. Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly.” CEQA Guidelines 15126.6(b). An example of the failure to limit severe impacts is in the “air quality” assessment. The project has a Class I impact on air quality. This smog problem will be especially severe for any older residents. For example, the Los Angeles Times reported (30 June 2017) that Harvard University scientists found that “Smog may be lethal at any level” and is linked to premature death in seniors. (Please see ATTACHMENT B.) Why then does this project permit the highest level of residential and commercial use, which directly affects vehicle trips, which is related directly to the smog problem at this project site and nearby? 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_a Page 7 of 7  (6) How does the public know for sure that mitigation measures funded by terms of the Development Agreement will be sufficient and will be practical, and enforceable, and will not impose a future tax on citizens in the City of San Luis Obispo? The Development Agreement is not yet in place and we do not know when it will be in place and what it says and what it promises for mitigation contributions. I have a concern that this dilemma may also be incompatible with CEQA and CEQA Guidelines because the needed environmental impact mitigations are not assured at the time of project approval. >>>>>>>>>> Respectfully, Michael Sullivan LIST OF ATTACHMENTS ATTACHMENT A - Proposed “Alternative “3A” of Michael Sullivan sent via e-mail on 30 Jan 2017 to City of San Luis Obispo on 30 Jan 2017 as a comment on the San Luis Ranch Draft EIR. NOTE: See the responses to these comments in the San Luis Ranch Final EIR (May 2017), Vol. 2, at p. 8-68 through 8-82.) ATTACHMENT B - News story - Los Angeles Times. 30 June 2017. “Smog may be lethal at any level.” (Transcription) 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 1 of 13 28 Jan 2017 Sent on 30 Jan 2017 via e-mail to the following persons: To: City of San Luis Obispo, Calif. c/o Brian Leveille, Community Development Dept. bleveille@slocity.org (805-781-7166 c/o City Clerk - Carrie Gallagher cgallagher@slocity.org (805) 781-7102 From: Michael C. Sullivan Mailing address: 9557 Coosa St., Ventura, CA 93004 Property address in San Luis Obispo: 1127 Seaward St., San Luis Obispo, CA 93405 (Property at 1127 Seaward St. is owned by the Walter E. Sullivan and Louise F. Sullivan Trust, Michael C. Sullivan, Trustee) Phone: 805-441-6981 (cell / text); Phone: 805-647-4101 (home message machine) E-mail: mcsgday@yahoo.com   COMMENTS OF MICHAEL C. SULLIVAN REGARDING DRAFT EIR - SAN LUIS RANCH PROJECT AND ANNEXATION TO THE CITY OF SAN LUIS OBISPO Abbreviations commonly used CEQA- California Environmental Quality Act DEIR - Draft Environmental Impact Report EIR - Environmental Impact Report SLO - San Luis Obispo SP - Specific Plan (for San Luis Ranch annexation) Summary of issues 1. Alternatives as presented in DEIR are not adequate for purposes of CEQA. REF: DEIR part 1 (Executive summary); DEIR part 2 (Project description); DEIR part 25 (Alternatives). The DEIR examines 4 alternatives: • Alternative 1: No Project, No Development • Alternative 2: No Project, Measure J Entitlements • Alternative 3: Historical Resource Preservation • Alternative 4: 50% On-Site Agriculture/Open Space 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 2 of 13 The number of viable alternatives is insufficient, because according to the DEIR, at least two of them (ALTERNATIVE 1 and ALTERNATIVE 2) do not fit the City’s General Plan and therefore are infeasible. ALTERNATIVE 3 is the environmentally superior alternative. ALTERNATIVE 4 would result in less residential and commercial development than the Specific Plan, and therefore it is likely that the City’s decision-makers would reject ALTERNATIVE 4 because it is not close enough to the goals and objectives of the Specific Plan currently adopted. Therefore, only one alternative, Alternative 3, remains feasible. This improperly limits the discussion of a broad enough range of feasible alternatives. I have proposed ALTERNATIVE 3A, which is discussed below. It should be reviewed and evaluated by the city, so that a reasonable number of feasible alternatives is considered and evaluated in comparison with the proposed Specific Plan. ISSUE # 1 1. Alternatives are not adequate for purposes of CEQA As required by Section 15126(d) of the State CEQA Guidelines, this EIR examines a range of reasonable alternatives to the project that could feasibly achieve similar objectives. The alternatives offered in the Draft EIR (DEIR) are insufficient. ALTERNATIVE 1‐ No project / No Development “Based on the comparison provided in Table 6‐1, the No Project/No Development Alternative (Alternative 1) would result in the fewest adverse environmental effects. However, since this is the “No Project” alternative, CEQA requires that a separate alternative also be identified as the Environmentally Superior Alternative.” (DEIR at p. 6‐22 through 6‐23.) Comments on Alternative 1 The City of San Luis Obispo General Plan anticipates that this particular project site shall be developed under a Specific Plan as a regional mixed-use commercial center. Alternative 1 does not achieve that objective. Listing of this alternative does nothing to provide some alternative which could meet the City of San Luis Obispo General Plan goals for this project site as a mixed-use development. - “The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the Project (Section 15126.6).” DEIR, at p. 6-1, Alternatives. - “In defining feasibility of alternatives, the CEQA Guidelines state that “among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site” (Section 15126.6).” DEIR at p. 6-1, Alternatives. Because the No Project Alternative (Alternative 1) provides no economic viability for the project proponent, and because it does not attain the basic objectives of the project as envisioned by the proponent and the City, this alternative (Alternative 1) serves no useful purpose. 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 3 of 13 ALTERNATIVE 2 ‐ No Project, Measure J Entitlements 6.4.2 Alternative 2: No Project, Measure J Entitlements Description “This alternative assumes that the San Luis Ranch Specific Plan is not adopted and that none of the proposed entitlements are implemented, including annexation to the City. Therefore, this alternative represents a project that would be processed by San Luis Obispo County, and considers what would be reasonably expected to occur in the foreseeable future based on current plans and consistency with available infrastructure and community services. There are existing entitlements on the project site for development in the County from the voter‐approved initiative known as “Measure J,” which was passed in 2006 and upheld in 2009. The Measure J entitlements include 60 multi‐family dwelling units, 560,000 square feet of regional commercial and outdoor sales areas, 198,000 square feet of office space, and a 150‐room hotel and ancillary facilities. Because the Measure J entitlements would leave the project site under the jurisdiction of the County, but surrounded entirely by the City limit, these entitlements would also require the use of private water from onsite wells and an onsite wastewater treatment facility. Figure 6‐ 1 depicts the Measure J site plan and approximate development area of this alternative.” DEIR, p. 6‐6 to 6‐7. “Alternative 2 would fail to meet most of the project‐specific objectives. As shown in Table 6‐1, Alternative 2 would result in increased physical environmental impacts when compared to the project and would not achieve many of the planning goals included in the City’s General Plan as they apply to the San Luis Ranch Specific Plan area. “ DEIR at p. 6‐22. Comments on Alternative 2. For the reasons below, Alternative 2 is not a reasonable alternative. - A part of the project description states, “The project is intended to be consistent with the development parameters described in the City’s Land Use and Circulation Element (LUE) (adopted in December 2014).” DEIR, Executive Summary, p. ES-1. Alternative 2 is not at all consistent with the development parameters described in the City’s LUE. The DEIR states, “Alternative 2 would fail to meet most of the project‐specific objectives. As shown in Table 6‐1, Alternative 2 would result in increased physical environmental impacts when compared to the project and would not achieve many of the planning goals included in the City’s General Plan as they apply to the San Luis Ranch Specific Plan area.” DEIR, p. 6‐22. - The Alternative section of the DEIR states, “Since this alternative (Alternative 2) assumes that the project site would be developed under an existing entitlement, this alternative would not require environmental review under CEQA.” That is not necessarily true or valid. It has been 7 years since Measure J entitlements were approved by voters. In the interim, there have been significant changes with baseline conditions, such as traffic, housing, new developments, etc. ‐ Furthermore, Measure J as it stands remains inconsistent with the General Plan of the County of San Luis Obispo, because Measure J exempts itself from the normal constraints of the County’s General Plan. As far as I know, this particular legal point has not yet faced scrutiny in the courts. 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 4 of 13 ‐ It also remains uncertain whether the Local Agency formation Commission would allow such a project as described by Measure J, for example, because of the uncertainty of water supply and sewage treatment and traffic mitigation. - Alternative 2 is not feasible at all, because it is inconsistent with the existing General Plan Land Use Element of the City of San Luis Obispo in various ways. Such an alternative would leave the project site entirely in County jurisdiction, surrounded by the City of San Luis Obispo. This would be inconsistent with the intention of the City of San Luis Obispo that this “island” should be annexed to the City, which is rationale for the San Luis Ranch project. Examples of inconsistencies of Alternative 2 with City of SLO General Plan: SLO City Land Use Element: (LUE) Approach to Planning (LUE at 1‐19) San Luis Obispo should: 1. Choose its future, rather than let it happen. San Luis Obispo should be proactive in implementing its vision of the future, and should work with other agencies and institutions to create our desired mutual future. Inconsistency: Adoption of Alternative 2 interferes directly with the City implementing its own vision of the future. Instead, it would require adoption of a much different plan, proposed 7 years ago as a County initiative. Society and economy (LUE at p. 1‐20) 34. Where appropriate, create compact, mixed‐use neighborhoods that locate housing, jobs, recreation, and other daily needs in close proximity to one another, while protecting the quality of life in established neighborhoods. Inconsistency: Measure J does not provide the housing, open space, and mixed‐use quality of the project site which is envisioned by the General Plan. Land‐use Map. (LUE Map at p. 1‐23) The existing Dalidio project site is already designated by the City as a Specific Plan area. See Sec. 8.1, below. Inconsistency: Alternative 2, if implemented, would permanently remove the possibility of a City‐ approved Specific Plan for this site. 1.1.2. Development Capacity and Services (LUE at p. 1‐34) The City shall not designate more land for urban uses than its resources can be expected to support. Inconsistency: Because various characteristics of the Measure J proposal (e.g. traffic problems, growth‐ inducing impact, etc.) are not known (because no Initial Study, or Negative Declaration, or EIR has been prepared for that project), it is unknown if Alternative 2 can be handled within city constraints on development capacity and services. 1.5. Jobs/Housing Relationship (LUE at p. 1‐34) The gap between housing demand (due to more jobs and college enrollment) and supply should not increase. Inconsistency: Apparently the City‐proposed Specific Plan provides more housing than the Measure J plan. The Measure J plan would not satisfy the goal of improving the amount of housing as compared with the Specific Plan. 1.9.1. Agricultural Protection (LUE at p. 1‐36) 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 5 of 13 The City shall support preservation of economically viable agricultural operations and land within the urban reserve and city limits. The City should provide for the continuation of farming through steps such as provision of appropriate general plan designations and zoning. Inconsistency: Alternative 2 protects less agricultural land than the City‐approved San Luis Ranch plan. 8.1. Specific Plan Areas (LUE at p. 1‐82 and Figure 10 at p. 1‐83) 8.1.1. Specific Plan / General Plan Amendment The City shall require the completion and approval of a specific plan and associated General Plan Amendment prior to annexation (if applicable) and development of land within an area designated as a Specific Plan Area on Figure 10. The required General Plan Amendment will modify the General Plan Land Use Diagram to reflect the land use diagram from the approved specific plan, based on the land uses listed under “Performance Standards” for each site. Inconsistency: Alternative 2, if implemented, would permanently remove the possibility of a City‐ approved Specific Plan for this site which meets the unique standards of the City’s General Plan. 12. Implementation policies (LUE at p. 1‐102) Inconsistency: If Alternative 2 is adopted, the City cannot fulfill certain critical implementation policies, such as Zoning Regulations, Subdivision Regulations, Community Design Guidelines, Public Planning, Environmental Review, etc. CONCLUSION: Because of these various constraints, above, and because of various inconsistencies of Alternative 2 with the City of San Luis Obispo General Plan, Alternative 2 is not a feasible or proper or legal or reasonable alternative, and so Alternative 2 must be discarded. ALTERNATIVE 3 ‐ Historical Resource Preservation (See DEIR at p. 6‐12, Fig. 6.2) “As described in DEIR Section 6.4.3, Alternative 3 would preserve the San Luis Ranch Complex, thereby avoiding the significant and unavoidable impact to historic resources identified for the project. This alternative would also reduce other potential environmental effects due to the preservation of the eucalyptus grove in the northwest portion of the project site along Madonna Road, and due to the reduced overall development footprint. As shown in Table 6‐1, Alternative 3 would also result in reduced impacts to air quality, GHG emissions, noise, biological resources, land use/policy consistency, and hydrology and water quality, while resulting in slightly increased impacts to transportation (due to the loss of the proposed San Luis Ranch Way access route).” “Alternative 3 would also achieve the basic objectives of the project. This alternative would provide infill growth for the City, and would be generally consistent with the General Plan with the existing historic structures on the project site. A variety of housing opportunities would be available, including affordable housing opportunities. The multimodal transportation network would continue to provide accessibility via automobile, bicycle, and pedestrian amenities, including the Bob Jones Regional Trail. The alternative would be similar to the project in its adherence to sustainable development practices and design features. Therefore, Alternative 3 is identified as the environmentally superior alternative over other alternatives, as shown in Table 6‐1.” Comments on Alternative 3. 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 6 of 13 The City of SLO should look at the feasibility of a variant of Alternative 3, in which more of the land adjacent to Prefumo Creek and more of the eucalyptus grove in the northwest portion of the project site is protected by being undeveloped. My proposal, which I call ALTERNATIVE 3A, would eliminate a moderate amount of housing (50 units total), but otherwise the project would be nearly the same as it is in the Specific Plan. Such a new alternative (“Alternative 3A”) is proposed by me and discussed below under “OTHER FEASIBLE ALTERNATIVES.”   Alternative 4: 50% On-Site Agriculture/Open Space (See Fig. 6-3) The DEIR states: Alternative 4 would retain 50 percent of the net site acreage as on‐site agricultural and open space uses to be consistent on‐site with the City’s General Plan Land Use Element Policy 8.1.4.f. This alternative would retain the portion of land designated for commercial uses (NC) southeast of Froom Ranch Way and southwest of Prado Road in agriculture. This alternative would reduce the portion of the site available for residential and commercial development on the project site. Comments on Alternative 4: It is likely that the City of SLO would consider Alternative 4 infeasible, because it does not include the same land use plan as envisioned for the Specific Plan. Therefore Alternative is not a viable alternative for purposes of CEQA. OTHER FEASIBLE ALTERNATIVES Additional “Alternative 3A” - Proposed herein by Michael Sullivan in response to this Draft EIR for San Luis Ranch Alternative 3 A as proposed by me would be nearly identical to the Specific Plan, but would remove 50 housing units, as shown in the table below, “TABLE 01 - Compare “ALTERNATIVE 3A” with Specific Plan as proposed in DEIR, Table 2-1.” Extra open space could be added to the Specific Plan, as a result of this reduction in housing. I propose that this extra open space (additional 2.6 acres, yielding 6.0 acres total of open space) could be used in a widening of the parkway along the east bank of Prefumo Creek, from Madonna Road to Froom Ranch Road, to include a widening of some of the open space area within the eucalyptus grove and habitat area, as envisioned in DEIR part 25, Fig. Fig. 6-1 (Measure J plan). TABLE 01 ‐ Compare “ALTERNATIVE 3A” with Specific Plan as proposed in DEIR, Table 2‐1 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 7 of 13 LAND USE TYPE (See DEIR, Fig. 2‐4, Fig. 2‐5, Fig. 2‐6, and Table 2‐ 1) Specifi c Plan >>>>> Specifi c Plan ZONE Specifi c Plan >>>>> UNITS Specific Plan >>>>> ACREAGE ALT. PLAN 3A Specific Plan ZONE ALT. PLAN 3A UNITS ALT. PLAN 3A APPROX. ACREAGE REQUIRED Net gain of usable acreage Low‐ medium density residential (Medium density SFR, as in Fig. 2‐6) NG‐10 200 16.0 acres Density = 0.08 Acres / unit) = 3484 sq ft / unit NG‐10 170 13.6 acres 16.0 ‐ 13.6. = 2.4 acres for NG‐10 Medium‐ density residential (Medium‐ high density SFR, as in Fig. 2‐6) NG‐23 100 6.8 acres Density = 0.068 acres / unit = 2962 sq ft / unit NG‐23 100 6.8 acres High‐ density residential (MFR, and High Density MFR, as in Fig. 2‐6) NG‐30 200 10.4 acres Density = 0.052 acres / unit = 2265 sq ft / unit NG‐30 180 Pertains to MFR land, adjacent to Madonna Road and Prefumo Creek ) 9.36 acres 10.4 ‐ 9.36 = +1.0 acre for NG‐30 Affordable housing density bonus 80 n/a 80 Commercia l (NC) NC up to 150,00 0 SF 9.7 acres NC up to 150,000 SF 9.7 acres Office NC up to 150,00 0 SF 3.9 acres NC up to 150,000 SF 3.9 acres Hotel and conference center NC 200 rooms 3.6 acres NC 200 rooms 3.6 acres Public parks 3.4 acres 6.0 +2.6 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 8 of 13 TABLE 01 ‐ Compare “ALTERNATIVE 3A” with Specific Plan as proposed in DEIR, Table 2‐1 LAND USE TYPE (See DEIR, Fig. 2‐4, Fig. 2‐5, Fig. 2‐6, and Table 2‐ 1) Specifi c Plan >>>>> Specifi c Plan ZONE Specifi c Plan >>>>> UNITS Specific Plan >>>>> ACREAGE ALT. PLAN 3A Specific Plan ZONE ALT. PLAN 3A UNITS ALT. PLAN 3A APPROX. ACREAGE REQUIRED Net gain of usable acreage acres acres Regional and local roads 8.1 acres 8.1 acres Local roads 9.4 acres 9.4 acres Agriculture and open space Agriculture A 52.7 acres 52.7 acres Internal open spaces P/OS 7.4 acres P / OS 7.4 + 3.4 = 10.0 acres Total 3.4 add’l. acres for P / OS Advantages of “ALTERNATIVE 3A” 1. ALTERNATIVE 3A retains all the features of the proposed Specific Plan except for a modest reduction of 50 housing units. 2. Larger corridor of available space (a net gain of 2.6 acres) for protection of park / open space. This extra land could be used for ‐ Better protection of biological resources / habitat / wildlife corridor along the eastern bank of Prefumo Creek and extending into the eucalyptus grove nearby which is in need of protection for bird nesting sites, wildlife corridor, etc. ‐ A larger area for human recreation uses or open spaces uses such as strolling, sitting, bird‐watching, etc. ‐ More area available for on‐site flood detention ‐ Alternative 3A would provide about 6.0 acres of park land, ant that meets the standards of the General Plan. See: Land Use Element Policy 8.1.4. (SP‐2, San Luis Ranch (Dalidio) Specific Plan Area). 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 9 of 13 3. ALTERNATIVE 3A has environmental advantages similar to those in ALTERNATIVE 3: Alternative 3A would reduce other potential environmental effects because a reduction in the footprint of Multi‐family Residential use in the northwest corner of the project site (i.e. adjacent to Madonna Road and Prefumo Creek) would allow more preservation of the eucalyptus grove in the northwest portion of the project site along Madonna Road, and reduced overall development footprint. Because of a reduced number of residential units, Alternative 3A would likely have benefits similar to those of Alternative 3, i.e. reduced impacts to air quality, GHG emissions, noise, biological resources, land use/policy consistency, and hydrology and water quality. In Alternative 3A, San Luis Ranch Way access route would remain. In Alternative 3A, as in the approved Specific Plan, some of the historic Dalidio ranch buildings would be moved to the other site near the agriculture use area. “..... Alternative 3 would provide the same amount of parkland as the project – 3.4 acres– which is lower than the minimum of 5.8 acres required by the performance standards described in Land Use Element Policy 8.1.4. (SP‐2, San Luis Ranch (Dalidio) Specific Plan Area). As a result, Alternative 3 would be similarly inconsistent with this policy in the City’s General Plan.” DEIR at p. 6‐13. In contrast, proposed ALTERNATIVE 3A would provide about 6.0 acres of on‐site public park area, which meets the performance standards of minimum parks area of Land Use Element Policy 8.1.4. (SP‐2, San Luis Ranch (Dalidio) Specific Plan Area). Overall, Alternative 3A could result in fewer General Plan policy inconsistencies when compared to the project. As discussed below, Alternative 3A could have somewhat smaller environmental problems compared to the Specific Plan. Alternative 3A could provide potential decrease in severity of certain impacts such as: ‐ Improved Air quality (because of the reduction in number of housing units by 50 total units) ‐ Better conformance with General Plan Land Use element part 1.10.4. Design Standards (because of preservation of more of the land adjacent to Prefumo Creek and land in the existing eucalyptus grove near there): “The City shall require cluster development to: A. Be screened from public views by land forms or vegetation... C. Prohibit building sites and roads within stream corridors and other wetlands, on ridge lines, rock outcrops, or visually prominent or steep hillsides, or other sensitive habitats or unique resources as defined in the Conservation and Open Space Element.” LUE 1.10.4. ‐ Better conformance with General Plan Land Use Element requirements for internal open space (because ALTERNATIVE 3A provides an additional 3.4 acres for P/OS (parks / open space), i.e. total of 10.0 acres for P/O (parks/open space) which could be applied to widen the strip of P/OS land adjacent to the east side of Prefumo Creek from Madonna Road to Froom Ranch Way. ALTERNATIVE 3A would have an open space plan similar to that in Figure 6‐1 (DEIR at p. 6‐8) 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 10 of 13 shows the open space / park plan in the strip of land adjacent to the east side of Prefumo Creek, with added open space land within the eucalyptus grove. The San Luis Ranch Draft EIR states, “the project includes a commitment to procure an off‐site agricultural conservation easement/deed restriction such that one half of total land on‐site is preserved for agricultural and open space use. In addition, the project would provide restored and enhanced wildlife habitat areas.” DEIR at p. 4.9‐11, Table 4.9‐1. ‐ If the additional on‐site 3.4 acres of P/OS (parks/open space) land of ALTERNATIVE 3A were available, less dedication of off‐site land would be needed. >>>>>> Problems in the Project Design 1. Insufficient parks/open space (P/OS) area (7.4 acres total). Public parks: 3.4 acres within P/OS areas. As shown on Figure 2‐6, the proposed open space would be located on the northwestern portion of the project site along Prefumo Creek, as well as along Cerro San Luis Channel, which is a permanent surface drainage that traverses the property from east to west. The open space areas would also include a link in the Bob Jones Regional Trail. (Where is that Bob Jones Trail link shown on Figure 2.6? Is it the strip of green at the northeast side of the commercial area in the north part of the site?) DEIR Figure 2‐4 shows proposed types of land use at the project site. The largest NC area (north part of the site) shows a P/OS strip of land (about 40 or 50 feet wide, based on Fig. 2‐9, northeast of that NC area, adjacent to Dalidio Drive. That strip of land should not be counted as P/OS (park / open space)_area because it is merely a very narrow strip squeezed between a busy street and the commercial use. It is actually more of a landscaped frontage and not a true park / open space. It should remain landscaped, but it should not be counted as P/OS area. That is deceptive. Instead, the P/OS strip adjacent to Prefumo Creek / Oceanaire Drive should be widened to better provide P/OS area that serves several important functions: (a) Preservation of a wider buffer between the existing residences (Oceanaire Drive) and the residential NG‐30 and NG‐10 uses. A wider buffer of P/OS adjacent to Prefumo Creek / Oceanaire residences can provide: (a) larger wildlife corridor and habitat area, (b) less intrusion of development on bird nesting areas in the eucalyptus forest area, (c) larger area for pedestrian uses e.g. sitting, strolling, enjoying the creek, for people living in the various residential use areas on the project site as well as for people living in nearby residential neighborhoods outside of the project site, (d) a more pleasing visual border, and more feeling of open‐ness, (e) a wider creek floodplain area, yielding better flood control protection of adjacent on‐site residences 2. No P/OS buffer between residential use (medium high‐density SFR) and commercial use. (DEIR, Fig. 2‐6). A P/OS buffer between these uses, even if relatively narrow, greatly enhances the living experiences for the residential use. 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 11 of 13 >>>>> Alternative 3A would enhance the achievement of the following parts of the Land Use Element of the General Plan: SLO City Gen Plan - Land Use element 6.6. Creeks Wetlands, and Flooding Policies San Luis Obispo's aquatic ecosystems consist of creeks, Laguna Lake, floodplains, marshes, wetlands, serpentine seeps, and springs. These aquatic ecosystems provide habitat, recreation, water purification, groundwater recharge, and soil production as well as natural flood protection by reducing the force of floodwaters as they spread and decelerate over floodplains. Creeks, which are the most obvious of these systems because they flow under and through the City, provide wildlife habitat, backyard retreats, and viewing and hiking pleasures, in addition to carrying storm water runoff. When some creeks overflow during major storms, they flood wide areas beyond their channels (Figure 8). San Luis Obispo wants to avoid injury or substantial property losses from flooding, while keeping or improving the creeks' natural character, scenic appearance, recreational value, and fish and wildlife habitat. 6.6.1. Creek and Wetlands Management Objectives The City shall manage its lake, creeks, wetlands, floodplains, and associated wetlands to achieve the multiple objectives of: A. Maintaining and restoring natural conditions and fish and wildlife habitat; B. Preventing loss of life and minimizing property damage from flooding; C. Providing recreational opportunities which are compatible with fish and wildlife habitat, flood protection, and use of adjacent private properties. D. Recognizing and distinguishing between those sections of creeks and Laguna Lake which are in urbanized areas, such as the Downtown core, and sections which are in largely natural areas. Those sections already heavily impacted by urban development and activity may be appropriate for multiple use whereas creeks and lakeshore in a more natural state shall be managed for maximized ecological value. 6.6.2. Citywide Network The City shall include the lake, creeks, and wetlands as part of a citywide and regional network of open space, parks, and – where appropriate – trails, all fostering understanding, enjoyment, and protection of the natural landscape and wildlife. 6.6.6. Development Requirements The City shall require project designs that minimize drainage concentrations and impervious coverage. Floodplain areas should be avoided and, where feasible, any channelization shall be designed to provide the appearance of a natural water course. >>>>>>>>>>>>>>>>>> 2. The Specific Plan lacks a connection from the project site to Laguna Lake park that is safe for pedestrians and bicyclists. Two key intersections on Madonna Road (at Oceanaire Dr. and at Dalidio Dr.) provide access from the SP project site to the Laguna Lake park. However, both of these intersections will be heavily impacted 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 12 of 13 with traffic because of the project. These very busy intersections would likely have long wait times for pedestrian crossing (at the signals). And, there is a danger to bicyclists at these two intersections, especially at dusk and night time and during rush hours (7 am - 8:30 am and 4:30 pm - 6:30 pm). The population size of residents living at San Luis Ranch SP are will be significant. People living there will want more outdoor recreational opportunities than those provided on-site. Many of these people will wish to use Laguna Lake park for various activities, e.g. hiking (in the park and beyond the park in the hills), walking the dog, canoeing, fishing, using the par course, playing outdoor games, bar- b-que, picnics, larger group activities, etc. Many of these activities are not possible within the Specific Plan site, so there will be a significant need for access to Laguna Lake park from the SP site. The City should consider the option of a pedestrian bridge, either at Oceanaire Dr., or at Dalidio Dr., crossing Madonna Road. The city should provide information about the probable cost of such a bridge and funding mechanisms, and who would be responsible for paying for it. >>>>>>>>>>>>>> 3. The Specific Plan does not consider the whole-city bicycle plan. What are the standards for bicycle paths from the Prado Road / US 101 intersection to Broad Street (via the Santa Margarita area and Damon Garcia Sports Fields?) As the Margarita Area and Airport Area planning areas are developed, there will be more of a need for bicycle connection between those areas and the San Luis Ranch residences and commercial areas. Damon Garcia Sports Fields also are an attraction for residents of San Luis Ranch. The best possible solution would be class 1 bike paths along the whole length of Prado Road, between Prado Rd. / US 101 intersection and Prado Rd. / Broad St. intersection. Is that being considered by the City? Would such a scheme be incorporated as part of conditions of approval of San Luis Ranch Specific Plan, or otherwise incorporated into the General Plan of SLO City? >>>>>>> 4. The housing plan of the Specific Plan is not optimized for several issues: (a) Parking - For example, as discussed below, some of the single-family residential units have difficult series parking (2 cars parked head to tail) rather than parallel parking (2 cars parked parallel to each other. This makes it difficult to park. (b) Screening / buffers - Buffers and/or screening between certain residential uses and commercial uses are inadequate. For example, the single-family housing area adjacent to the commercial areas is directly adjacent. It could have at least a narrow strip of vegetation and/or fencing. (c) Amount of area for internal parks within the site. This is addressed in Alternative 3A, below. (d) Insufficient storage. Do the housing units with carports instead of garages have sufficient storage? Probably not. >>>>> 5. San Luis Ranch Specific Plan (including land use plan) is probably inconsistent with General Plan of City of San Luis Obispo for various reasons. 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_A  Page 13 of 13 A. Amount of required open space / agricultural land for Specific Plan is probably inconsistent with General Plan. The General Plan requires approximately 50 % open space / agricultural use for the San Luis Ranch Specific Plan site. It is my understanding that the original intent of the General Plan was that this 50% requirement applies to the whole site area (131 acres total) and not to a reduced area remaining after accounting for roadways, on-ramps, off-ramps, etc. This means about 65.5 acres would be required for agriculture / open space use at San Luis Ranch Specific Plan site. Therefore, apparently the amount of agriculture / open space in that plan is insufficient. If the proper standard for amount of agriculture / open space is not 65.5 acres (50% of the total 131 acres site area), but rather some smaller acreage based on a smaller computed net site acreage, what is the documentation for such an interpretation? Was such an interpretation officially approved by City Council action? Please explain. B. Housing affordability for “workforce” people - Is such housing as proposed truly affordable for workforce people? - How is “workforce” defined? What is their median and average income per person and per household assumed to be? How is this determined? - What are the assumptions of current (January 2017) housing costs for all types of housing in the SLO area, for comparison? Is there also comparison of housing costs in other nearby communities for comparison, e.g. Los Osos, Santa Margarita, Grover City, Oceano, etc.? - For condominium or other types of multi-family housing, or for single family housing areas: What Homeowner Association (HOA) Fees are anticipated? How is the Homeowners Association governed? What are the approximate anticipated monthly fees for HOA fees when the first units are completed? Is there any mechanism to regulate how rapidly the HOA fees may be increased from year to year? - What about “workforce” people who at the lowest end of the range of monthly gross income? Is there any chance they will also qualify for the affordable housing units? 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_B Page 1 of 2 (Transcript) Los Angeles Times (Los Angeles, California) - Friday, June 30, 2017 A9 _____ Air pollution, even in amounts below the legal limit, is linked to premature death in seniors, analysis finds. _____ By Tony Barboza At a time when the Trump administration is moving to delay and dismantle air quality regulations, a new study suggests that air pollution continues to cut Americans’ lives short, even at levels well below the legal limits set by the U.S. Environmental Protection Agency. The nationwide study of more than 60 million senior citizens linked long-term exposure to two main smog components-- ozone and fine particulate matter--- to an increased risk of premature death. The analysis found no sign of a “safe” level of pollution, below which the risk of dying early tapered off. Harvard University scientists who conducted the study calculated that reducing fine particle pollution by 1 microgram per cubic meter nationwide would save about 12,000 lives each year. An additional 1,900 lives would be saved annually by lowering ozone pollution by 1 part per billion, they found. The study appears in Thursday’s edition of the New England Journal of Medicine. Fine particulate matter is composed of tiny health-damaging specks of pollution that can lodge deep in the lungs and are linked to cardiovascular disease. Ozone, the lung-searing gas in warm-weather smog, triggers asthma and other respiratory illnesses. Both pollutants build up in the air largely as a result of emissions from vehicles, power plants and other major combustion sources. For the analysis, researchers developed a new computer model that uses on-the-ground air- monitoring data and satellite-based measurements to estimate pollution levels across the continental U.S., breaking the country up into 1-square-kilometer zones. They paired that information with health date contained in Medicare claims records from 2000 to 2012 for all beneficiaries in the 48 contiguous states, a group that represents about 97% of the population ages 65 or older. The high-resolution date allowed scientists to estimate the health effects of air pollution at levels far below the federal limits. For fine particulate matter, which has a legal limit of 12 micrograms per cubic meter, the lowest amount they measured. For ozone, which has an EPA limit of 70 parts per billion, they detected increased mortality levels as low as 30 parts per billion, also the smallest concentration they measured. The researchers calculated that when the concentration of particulate matter rose by 10 micrograms per cubic meter, the chances that a senior citizen would die during the study period rose by 7.3%. And when the ozone concentration rose by 10 parts per billion, the chances of early death rose by 1.1%. In both cases, the researchers controlled for factors such as smoking behavior, weight and income, which are also likely to affect a senior’s risk of premature death. The findings suggest that even though federal limits on the nation’s most widespread air pollutants are updated periodically based on scientific reviews required under the Clean Air Act, they are not strong enough to fully protect the public. Critics may claim that stronger standards would offer diminishing returns, but the study results provide new evidence than they would actually increase health benefits, with fewer people getting sick and dying from dirty air, said Francesca Dominici, a data scientist at the Harvard T.H. Chan School of Public Health and the study’s principal investigator. “We are seeing that the air that we are breathing right now is harmful, it’s toxic,” Dominici said. An editorial that accompanies the study said the findings “stress the need for tighter regulation of air pollutant levels” and stricter limits on fine particulate matter. “Despite compelling data, the Trump administration is moving headlong in the opposite direction,” the editorial said, citing the president’s recent steps to dismantle emission-cutting rules, 2017-07-05_SLO_City_Council_San_Luis_Ranch_hearing_Comments_of_M_Sullivan_ATTACHMENT_B Page 2 of 2 withdraw from the Paris climate accord and slash the EPA’s budget. “The increased air pollution that would result from loosening current restrictions would have devastating effects on public health.” The findings have important implications for California, where millions of people breathe the nation’s highest levels of ozone and fine particulate matter. Despite decades of improvement, the air in Southern California and the San Joaquin Valley remains far from meeting federal health standards. The new study adds to a robust body of research going back to the early 1990s associating fine- particle pollution with shortened lives. But most of those studies were limited to populations in wealthier and well-monitored urban areas, the researchers said. The enormous sample size-- encompassing nearly all Americans over 65-- allowed scientists to examine air-quality differences across all parts of the country, including small cities and rural areas, and among various ethnic and socioeconomic groups. The researchers found that men, blacks, Asians, Latinos and lower-income seniors all faced higher risks of premature death from fine particulate matter. Black seniors were three times as likely as seniors overall to die prematurely. Under the Clean Air Act, the EPA must review national air quality standards for six major pollutants every five years and adjust them if necessary to reflect the latest science. The 12-micrograms-per-cubic-meter standard for fine particulate matter was last updated in 2012. The federal standard for ozone was last strengthened in 2015 and is now being re-examined by the Trump administration. This month, EPA administrator Scott Pruitt announced a one-year delay in implementing the federal ozone standard, citing “increased regulatory burdens, restrictions on infrastructure investment, and increased costs to businesses.” The decision allows California and other states with ozone levels above the current standard to postpone the adoption of emissions-cutting measures. Pruitt, who in his previous job as attorney general of Oklahoma made a career of suing to block federal EPA regulations, is also moving to reshape the agency’s science advisory boards. These include the committee that makes recommendations on federal air quality standards. Environmentalists and health advocates fear Pruitt will replace academic experts with representatives of regulated industries. __________ tony.barboza@latimes.com Twitter: @tonybarboza >>> END >>>