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HomeMy WebLinkAboutItem 13 - Fiero Lane & Clarion Court Annexation (PL-ANNX-1166-2015) Department Name: Community Development Cost Center: 4003 For Agenda of: November 19, 2019 Placement: Public Hearing Estimated Time: 60 minutes FROM: Michael Codron, Community Development Director Prepared By: Shawna Scott, Senior Planner Dave Watson, Contract Planner SUBJECT: REVIEW OF THE PROPOSED ANNEXATION OF APPROXIMATELY 39 ACRES OF PROPERTY (30 PARCELS) ALONG FIERO LANE AND CLARION COURT AND ASSOCIATED INFRASTRUCTURE IMPROVEMENTS, INCLUDING APPROVAL OF THE SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT REGARDING THE PROPOSED ANNEXATION, AND ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TIERED FROM THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE AIRPORT AREA AND MARGARITA AREA SPECIFIC PLANS AND RELATED FACILITIES MASTER PLANS (SCH#2000051062) (PL-ANNX- 1166-2015; EID-0626-2019) RECOMMENDATION As recommended by the Planning Commission, adopt the Draft Resolution (Attachment A) to: 1. Approve and authorize the Mayor to execute the Second Amendment to the Memorandum of Agreement for the Annexation of the Fiero Lane/Clarion Court area, which incorporates conditions of annexation as recommended by the Planning Commission (Attachment A, Exhibit A); and 2. Approve the filing of an application and request for San Luis Obispo Local Agency Formation Commission (LAFCo) to initiate proceedings for annexation of the Fiero Lane- Clarion Court area; and 3. Direct the Community Development Director to process the application; and 4. Authorize the City Manager to execute any documents in a form approved by the City Attorney related to the annexation of the subject lands to the City of San Luis Obispo; and 5. Authorize the City Manager to initiate tax negotiations with the County of San Luis Obispo; and 6. Adopt the associated Initial Study / Mitigated Negative Declaration for the annexation, which tiers off the certified Final Environmental Impact Report for the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (SCH# 2000051062). Item 13 Packet Page 67 REPORT-IN-BRIEF The Fiero Lane-Clarion Court annexation, proposed by the Fiero Lane Water Company (FLWC), includes 30 parcels and 38.97 acres of land located within the Airport Area Specific Plan (AASP) (Attachment A, Exhibit A, Annexation Map; and Attachment B, Detail Map and Legal Description). The subject area has long been identified as an annexation area, pursuant to the City Council’s adoption of the AASP on August 23, 20051 and Ordinance No. 1481,2 which established pre-zoning within the AASP, including the project area. The City’s General Plan3 and AASP4 (and associated Environmental Impact Reports and analyses5,6) have included the proposed annexation area when considering potential future growth and associated demands for public infrastructure and transportation improvements. As the proposed annexation is consistent with these documents, a tiered Initial Study/Mitigated Negative Declaration is proposed for Council adoption. This annexation area has historically received water and wastewater services via the FLWC, and is currently receiving City water service under an Outside User’s Agreement approved by the San Luis Obispo Local Agency Formation Commission (LAFCo), pursuant to a Memorandum of Agreement (MOA), Municipal Code amendment, and Addendum to the AASP Final EIR approved by the City Council in 2015. 7 These approvals were made in anticipation of having the FLWC work with City staff on the details of a future annexation. A one-year extension of the Outside User’s Agreement was approved by LAFCo in March 2019 following the City Council’s decision to amend the MOA8 to reflect an updated annexation schedule and infrastructure funding opportunity. For reference, both the 2015 and 2019 MOAs are included with Attachment C. The 2015 Plan For Services adopted for the 2015 MOA is included for reference as Attachment D. The Planning Commission considered the proposed annexation and associated Initial Study/Mitigated Negative Declaration (IS/MND) on October 9, 2019 and recommended the City Council authorize the annexation and adopt the environmental document. Minor clarifications have been added to the IS/MND to further mitigate identified construction-related impacts and expand upon the discussion regarding earlier analysis incorporated by reference from the Land Use and Circulation Element (LUCE) and AASP Final EIRs (Attachment E). The recommended Second Amendment to the MOA (Attachment A, Exhibit A) is provided to include additional conditions of approval as recommended by the Planning Commission, and to provide an updated 1 Council Agenda Report adopting the AASP: https://opengov.slocity.org/WebLink/DocView.aspx?id=31312&dbid=0&repo=CityClerk 2 Ordinance No. 1481: https://opengov.slocity.org/WebLink/DocView.aspx?id=50593&dbid=0&repo=CityClerk 3 Land Use Element Policy 1.13.5 Annexation in Airport Area; Policy 7.7 City Annexation and Services; Policy 7.14 Growth Management (see: http://www.slocity.org/home/showdocument?id=6635 ) 4 AASP Chapter 9.1 (see: http://www.slocity.org/home/showdocument?id=4294) 5 Land Use and Circulation Element Final EIR: https://www.slocity.org/government/department- directory/community-development/planning-zoning/general-plan 6 AASP and MASP Final EIR: https://www.slocity.org/government/department-directory/community- development/documents-online/environmental-review-documents/-folder-719 7 Council Agenda Report addressing the 2015 MOA and Outside User’s Agreement, including Addendum to AASP FEIR: https://opengov.slocity.org/WebLink/DocView.aspx?id=53305&dbid=0&repo=CityClerk 8 Council Agenda Report approving First Amendment to MOA in 2019: https://opengov.slocity.org/WebLink/DocView.aspx?id=91686&dbid=0&repo=CityClerk Item 13 Packet Page 68 schedule for annexation and associated infrastructure improvements (Attachment A, Exhibit A). Based on the evaluation presented in this report and recommended Second Amendment to the MOA, the proposed annexation would be consistent with the stated goals of the City’s General Plan, AASP, and long-term interest in bringing this area into the City. The planned public and private infrastructure improvements are consistent with the General Plan and AASP and are addressed in the certified Final EIRs for the LUCE and AASP, and the recommended IS/MND. Timing of improvements and financial contributions by the applicants/property owners are adequate to address a coordinated transition of the land from County control to the City. Following Council action, if authorized, the City will work with FLWC on an annexation application submittal to LAFCo. DISCUSSION Background The Fiero Lane-Clarion Court annexation area, proposed by the Fiero Lane Water Company (FLWC)9, includes 30 parcels and 38.97 acres of land located within the Airport Area Specific Plan (AASP) boundary, on the west side of Broad Street, east of Santa Fe Road (Attachment A, Exhibit A, Annexation Map; Attachment B, Detail Map and Legal Description; Figure 1. Fiero Lane-Clarion Court Proposed Annexation Area). The Fiero Lane-Clarion Court area is located within the City’s Sphere of Influence and adopted LAFCo Urban Service Area for the City. The area is developed with a mix of industrial, manufacturing, commercial, and office uses, with an estimated 500,124 square feet of total building area. 9 Representing the property owners within the proposed annexation boundary. Item 13 Packet Page 69 Figure 1. Fiero Lane-Clarion Court Proposed Annexation Area Summary of Previous Action by the City and LAFCO In December 2015, the City Council approved Resolution No. 10678 to adopt the 2015 MOA and associated Addendum to the Airport Area and Margarita Area Specific Plan Final EIR (Attachment C) that established a mutual understanding between the City and the FLWC to pursue a series of steps to ultimately annex these properties into the City. Part of this understanding included an agreement for the City to provide interim water and wastewater services to the properties pending completion of the annexation process 10. Adoption of the 2015 MOA was the culmination of extensive negotiations between the City and property owners over the manner in which annexation of this area could occur. Adoption of the 2015 MOA set the City on a course of pursuing annexation and established a mutual understanding of how the City would be reimbursed for costs incurred while processing the annexation, identification of what infrastructure would be granted to the City upon annexation, an analysis of the conditions of said infrastructure and various improvements to be completed to upgrade this infrastructure to City 10 Codified in City Municipal Code §13.16.020.E. Water and Sewer Service for Private Use Outside City Limits, Exceptions. Provision of interim water and/or sewer service to the Fiero Lane and Clarion Court annexation area, as set forth in the memorandum of agreement between the city of San Luis Obispo and Fiero Lane Water Company and adopted by city council Resolution No. 10678 (2015 Series). (Ord. 1627 § 2, 2015; Ord. 951 § 2, 1983) Item 13 Packet Page 70 standards11. Subsequent actions by LAFCo included approval of an Outside User’s Agreement between FLWC and the City to allow for the provision of City water and wastewater services on April 21, 2016, and approval of a two-year extension of the Outside User’s Agreement on April 6, 2017. During this time, FLWC and City explored financing options for paying fees and completing needed infrastructure associated with the pending annexation. This process led to several 2018 actions to implement a City-County Statewide Community Infrastructure Program (SCIP)12, a funding option for the Fiero Lane-Clarion Court property owners. Resolutions authorizing the SCIP program were adopted by the San Luis Obispo County Board of Supervisors (September 18, 2018) and City Council (November 13, 2018). Under the SCIP program, similar to assessment district financing, an engineer’s report will be prepared that will outline the costs of the needed improvements and City fees and allocate those costs to individual property owners. At that point the property owner may elect to pay their fair share of these costs or can take advantage of the SCIP process to issue bonds, and essentially finance their share of improvements. On March 19, 2019, the City Council approved the following actions: 1) a one-year extension to the 2015 MOA to extend interim water and wastewater services pending annexation of the Fiero Lane-Clarion Court area to the City; 2) First Amendment to the 2015 MOA, which included minor changes to the 2015 MOA to facilitate the extension, update schedule tasks, and clarify payment of water and wastewater impact fees; and 3) authorized the Community Development and Utilities Directors to adjust the MOA schedule to allow for financing and planning for infrastructure. Following Council action, LAFCo approved a one-year extension of the Outside User’s Agreement (set to expire March 2020). Planning Commission Review and Recommendation On October 9, 2019 the Planning Commission conducted a public hearing to consider the proposed annexation and associated Initial Study/Mitigated Negative Declaration and provide a recommendation to the City Council. The Planning Commission’s review included consideration of the 2015 MOA, the First Amendment to the MOA (extending interim water and sewer service to March 2020), the proposed Plan For Services for the annexation, as well as the progress made in identifying public infrastructure and private improvements necessary to accommodate the annexation of the Fiero area and provision of public services to the area. The Planning Commission also considered the IS/MND prepared for the proposed annexation. Commission discussion included a review of annexation-specific conditions for infrastructure under the MOA and Plan For Services, discussion of roadways and associated improvements, discussion of various environmental questions regarding land uses permitted under the County and how those would transition into City lands, water and wastewater availability for the annexation area, and mitigation measures recommended by staff that were reflective of earlier environmental work on the annexation (refer to additional discussion under Environmental 11 Refer to Council Agenda Report dated December 1, 2015 for additional background information and Addendum: https://opengov.slocity.org/WebLink/DocView.aspx?id=53305&dbid=0&repo=CityClerk 12 For general information about SCIP, see here: http://cscda.org/Infrastructure-Finance-Programs/Statewide- Community-Infrastructure-Program-(SCIP) Item 13 Packet Page 71 Review for more detail). The Planning Commission voted 4-0-3 recommending the City Council: 1) approve the filing of an application for annexation of the Fiero Lane-Clarion Court area and direct the Community Development Director to process the application with LAFC o, 2) authorize the City Manager to execute any documents in a form approved by the City Attorney related to the annexation of the subject lands to the City of San Luis Obispo, and 3) adopt the proposed Initial Study/Mitigated Negative Declaration (Attachment F, Planning Commission Minutes and Resolution). The conditions of approval recommended by the Planning Commission are incorporated into the Second Amendment to the MOA (Attachment A, Draft Resolution, Exhibit A). Based on further communications with FLWC and the City’s Transportation Division, a condition regarding establishment of City-controlled public right-of-way access to specified parcels within the annexation area has been modified for the Council’s consideration to allow for further negotiations between the City and FLWC, including an option for a City easement (Attachment A, Exhibit A, Infrastructure Improvements Item 1.c).13 Annexation Description The applicant is proposing annexation that will result in the continuance of existing uses and future development patterns that reflect manufacturing, business park, offices and construction services. As summarized above, the Fiero Lane-Clarion Court annexation area is receiving City water service. FLWC provides wastewater service to this area (as well as the nearby East Airport Commerce Park (EACP) – east of Broad Street between Farmhouse Lane, Kendall Road and Prospect Street) via a small private treatment plant within the service area. Upon annexation of the Fiero Lane-Clarion Court area to the City, water and wastewater services would be converted to connect to City utility systems. In the case of the FLWC wastewater treatment plant serving the EACP, this plant would need to be moved to the EACP area to continue to provide service to the EACP pending their annexation to the City. An application to annex the EACP area is currently under staff review at this time and is anticipated to be considered by the City Council early 2020. Staff anticipates that the EACP annexation and conversion to City services can be completed concurrently, eliminating the need to relocate the private treatment plant. The FLWC annexation has been planned to cover either circumstance (relocation and continued private treatment for EACP – or concurrent conversion to City treatment system) depending on the ultimate timing of the EACP annexation. Additionally, recycled water supply will also become available to the FLWC area following annexation. Public Facility Financing and Development Impact Fees As detailed in the Memorandums of Agreement (Attachment C) and as noted in the “Plan For Services” for the annexation area (Attachment D), annexation of the subject properties will trigger the need for various capital investments in the existing private systems that will be made public under the terms of the annexation. To complete these improvements, a financing mechanism has been proposed by the property owners/applicants that will allow capital improvements to be engineered, constructed and paid for through the SCIP. This financing program will allow plans to be developed, bids to be secured, and then property owners will have the option of paying their fair share of construction costs upfront or elect to finance the improvements in an approach very similar to assessment district financing. This financing program has been supported by Council actions on the Fiero planning effort and are appropriate for this use. The SCIP program also allows development impact fee contributions negotiated in 13 Proposed changes are shown in strikeout and italics/underline. Item 13 Packet Page 72 the MOAs to be paid or financed in this fashion. Water Demands and Wastewater Generation from the Proposed Annexation Because of the partially developed nature of the annexation area, information is readily available to use in identifying current demands and can be used to project buildout demands for each service to ensure City resources are readily available to support the annexation areas. Current and projected water and wastewater needs are summarized in Table 1 (Annexation Area Water Demand and Wastewater Generation). Table 1. Annexation Area Water Demand and Wastewater Generation Acres Building Area (1) (2) Water Demand (1) Wastewater Generated (1) 2018 Water Availability (3)(4) Wastewater Capacity (3) Developed Parcels 36.47 ac 500,124 SF 19.00 AFY 15,000 gpd Undeveloped Parcels 2.50 ac 50,000 SF 1.90 AFY 1,500 gpd Totals 38.97 ac 550,124 SF 20.90 AFY 16,500 gpd 10,130 AF 5.4 mgd Notes: (1) 2015 Fiero Lane Annexation – EIR Addendum to Airport Area and Margarita Area Specific Plans (2) Potential building area, and water/wastewater estimates, increased by approximately 10% to account for remaining potential development (3) 2018 Water Resources Status Report14 (4) Water and Wastewater Element15 / mgd = million gallons per day Pursuant to the City’s 2018 Water and Wastewater Element, which addresses build -out under the City’s Land Use Element (including the subject annexation), and consultation with the City Utilities Department, existing and future water availability and sewer capacity is adequate to serve the annexation area. Update on Annexation Task List and Schedule from the MOA The First Amendment to the MOA (approved by the City Council in March 2019) included an update of the tasks completed toward annexation, identification of funding for future improvements through the SCIP, and an updated schedule that included target dates for completion of the annexation. That schedule, included as Section 9 of the MOA (refer to Attachment C), assumed that Council action on the annexation request would be completed by Summer of 2019, LAFCo action to approve the annexation would be completed by Fall 2019, engineering plans would be readied for construction over the Winter of 2019-2020, annexation of the property would occur just prior to the start of construction, and construction of the improvements would be completed by July 2020. The schedule incorporated into the Second Amendment to the MOA (Attachment A, Exhibit A) includes updates showing that the overall sequence of tasks remains the same, but the timeframe has been extended in part to allow for concurrent annexation with the EACP area and to accommodate the SCIP process. 14 2018 Water Resources Status Report available online: https://www.slocity.org/Home/ShowDocument?id=22442 15 Water & Wastewater Element (May 15, 2018), available online: https://www.slocity.org/home/showdocument?id=19965 Item 13 Packet Page 73 Recent discussions with the applicant’s representative indicate the Fiero-Clarion annexation area is readying its submittal of their application to the County and SCIP program for financing of the fees and infrastructure improvements required. Staff is advised that the SCIP funding should become available by April 2020, which would then allow final engineering plans to be prepared, and construction to follow. Under this timeframe, if funding is available by April 2020, the City is anticipated to move forward on the annexation and supervise the preparation of engineering plans and the construction process as a city project with the improvements’ completion by the end of 2020. The applicant will pay normal and customary permit fees to process permits necessary to implement public improvements as shown in the final engineering plans. It is anticipated that annexation of the Fiero-Clarion and EACP areas would occur concurrently, and under this concurrent process, the relocation of the wastewater treatment facility (and associated permitting and extra costs) would not be required. The annexation areas would be brought into the City’s wastewater collection, treatment and disposal system together, allowing for the decommissioning of a private wastewater plant immediately adjoining city limits. Aligning the Fiero-Clarion process with the EACP annexation could also allow coordination (and cost efficiencies) in the completion of infrastructure and the decommissioning of the private treatment plant. LAFCo staff have indicated they support this “merging” of the two annexation efforts, should it be possible, and will provide assistance to the City in working through the complexities of the annexation applications. Policy Context General Plan Policy Consistency The 2014 General Plan Land Use Element (LUE) established a number of community goals, policies and programs for annexation and development that relate to the proposed annexation area (refer to additional discussion below), including: • Airport Land Use Plan Consistency • Annexations and Growth Management • Airport Area Specific Plan Consistency • Financing of Fair-Share Infrastructure and Development Impacts Airport Land Use Plan Consistency. General Plan Chapter 7, Policy 7.7 provides that the subject annexation areas shall be actively pursued by the City provided the annexations are consistent with the Airport Area Specific Plan and LUE Policy 1.13.5 (Annexation in Airport Area). The proposed annexation is consistent with the standards for land uses, infrastructure and fair-share cost contributions of the AASP. The AASP has been determined to be consistent with the County’s Airport Land Use Plan (ALUP), and the uses that exist within the annexation areas were approved by the County under findings of consistency with the ALUP. As proposed, the annexations would result in a continuation of the previously permitted uses and any future uses would be subject to AASP standards, the City’s Zoning Regulations, and Community Design Guidelines. Item 13 Packet Page 74 Annexations and Growth Management. Noted LUE Policies include: 1.13.3. Annexation Purpose and Timing The City may use annexation as a growth management tool, both to enable appropriate urban development and to protect open space. Areas within the urban reserve line which are to be developed with urban uses should be annexed before urban development occurs. The City may annex an area long before such development is to occur, and the City may annex areas which are to remain permanently as open space. An area may be annexed in phases, consistent with the city-approved specific plan or development plan for the area. Phasing of annexation and development will reflect topography, needed capital facilities and funding, open space objectives, and existing and proposed land uses and roads. 1.13.5. Annexation in Airport Area Properties in the Airport Area Specific Plan may only be annexed if they meet the following criteria: A. The property is contiguous to the existing city limits; and B. The property is within the existing urban reserve line; and C. The property is located near to existing infrastructure; and D. Existing infrastructure capacity is available to serve the proposed development; and E. A development plan for the property belonging to the applicant(s) accompanies the application for annexation; and F. The applicant(s) agree to contribute to the cost of preparing the specific plan and constructing area-wide infrastructure improvements according to a cost - sharing plan maintained by the City. Following the adoption of the AASP, planning for the Fiero-Clarion annexation commenced. Since that time additional planning for the EACP annexation is underway. This simultaneous planning process results in a greater degree of coordination in bringing these annexation areas, which currently share independent private infrastructure in the County, into the City. In this case, the Fiero-Clarion annexation area satisfies all the prerequisites under GP LUE Policy 1.13.5 and is recommended for annexation. Airport Area Specific Plan Consistency. The AASP includes a series of goals, policies and programs to comprehensively guide development of the Planning Area. Additional guidelines and development standards are included in the AASP, as well as infrastructure requirements and a plan for implementation of the Plan. Overall goals of the AASP include: 1. Provide a framework to move from County developments primarily focused on heavier industrial and manufacturing uses to a blend of these established uses, both inside and outside the City, with new uses focused on lighter industrial and manufacturing uses, professional and business park developments and employment centers. 2. Plan for proposed development, including annexations within the Planning Area, so that public facilities are developed concurrently with new development in a rational and cost- effective fashion. 3. Protect and enhance natural resources within the AASP, including emphasis on Item 13 Packet Page 75 maintaining visual qualities of the surrounding hills and open space areas and protection of creek corridors, wetlands and habitat qualities. The uses that exist in the annexation areas are consistent with the uses anticipated by the City’s AASP, and the annexation does not include any changes to the pre-zoning previously approved by the City Council. As described herein and in the referenced attachments, the financial and infrastructure planning needed to bring these properties into the City have been completed. In and of itself the annexation of the subject properties will not change the built environment of the area. Any expansion or modification of existing uses will be subject to City development standards. Future planning and development would be managed under the AASP standards and would result in consistency as new projects are brought forward. Financing of Fair-Share Infrastructure and Development Impacts. General Plan Policies discussed previously focus on new development paying its fair share. The proposed annexation will be responsible under the adopted MOA for financing infrastructure and paying negotiated development impact fees and contributions to assist in addressing cumulative project impacts, such as traffic, pedestrian and bicycle paths. These contributions, whether paid up front or financed under the SCIP approach will ensure adequate contributions are received from the annexation areas. Plan For Services The proposed annexation area has been analyzed to identify their impact on overall City services. To document this analysis and the recommendations derived from that analysis, a Plan For Services has been developed and adopted in 2015 for the annexation area (Attachment D). A summary of that document is included below. Current Conditions – Fiero Lane-Clarion Court Annexation Area. Fiero Lane and Clarion Court provide vehicular access to the area. These roads do not intersect; each is a cul -de-sac dead end. Fiero Lane access comes from Broad Street and Clarion Court is accessed via Santa Fe Road; Clarion Court would remain a private road post-annexation. At this time the Santa Fe Bridge facility is not intended to be annexed. No improvements to the bridge are identified with this action. Domestic water is delivered by the City via the water distribution system from Broad Street along Aerovista Lane to the water holding tank near the center of the annexation area. Water is distributed from the tank via pressurized water lines installed with the original developments of the area. Wastewater is collected by both gravity and force main/lift stations and conveyed to a private treatment plant operated by the FLWC at the end of Fiero Lane. Treated wastewater is disposed of in a leach field system to the immediate south (and outside) the annexation area. Emergency services are provided by the County, but these areas are also supported by the City under mutual aid agreements between the City and County. General government services are provided by the County. Storm water management, collection and disposal is handled by the private property owners under County-approved plans. Solid waste services are provided by the County via private contract with local waste and recycling providers. Post-Annexation Conditions – Fiero Lane-Clarion Court Annexation Area. Roadway Item 13 Packet Page 76 rehabilitation and upgrades are planned to bring the roads, walkways and street signage up to City standards. Following annexation, the roads, curbs, gutters and sidewalks will be maintained by the City under the Pavement Management Plan. Water system upgrades for the annexation area will include some main line and hydrant replacements, water meter replacements, and valving and backflow prevention will be installed. The City will continue to provide water service post-annexation. Conversion of the Fiero Lane-Clarion Court area to the City’s wastewater system will occur following City installation of a gravity collection line along Fiero Lane that will serve to collect wastewater from the location of the existing Fiero Lane Water Company wastewater plant (at the end of Fiero Lane cul-de-sac). This new City line would convey wastewater by gravity to an existing wastewater main line in Broad Street, and from there is conveyed to the City’s Water Resource Recovery Facility (WRRF). Until such time as this conversion occurs, the private FLWC treatment plant and disposal system will continue to operate as currently constituted. Much of the existing collection system within the annexation area along Clarion Court will remain a private collection and conveyance system, ultimately sending wastewater to the City’s new gravity main at Fiero Lane noted above. A new lift station in the vicinity of the FLWC wastewater plant is also planned. Following the connections of the various properties in the Fiero Lane-Clarion Court Annexation Area, the wastewater plant will be decommissioned at this location (it is possible this plant would be moved to the East Airport Annexation Area to serve those users as noted earlier and briefly summarized below). Preferred Wastewater Alternative: The FLWC wastewater system will be converted to interconnect with a gravity collection line in Broad Street, and from there is conveyed to the City’s WRRF. The force main and lift station currently serving the area would be abandoned. The timing of this work is contingent on the decommissioning of the FLWC wastewater plant following the connections of the various properties in the Fiero Lane- Clarion Court Annexation Area. Interim Wastewater Alternative: If annexation of the East Airport Area is delayed, or improvements are not completed at the time of the FLWC wastewater plant decommissioning, it is possible this treatment plant would be moved to the East Airport Annexation Area to serve those users on an interim basis. In such a case treated wastewater would be stored and disposed as recycled water in the East Airport Area. Recycled water supplies are also included in the Plan For Services, with extensions made by the applicants within the annexation area, to facilitate connection to this supply when it can be made available. Police and Fire emergency services would be provided by the City. It is expected the mutual aid agreements would remain between the City and County. General government services would be assumed by the City. Storm water management and solid waste services would continue as they presently exist. Item 13 Packet Page 77 Public Engagement Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s Municipal Code, the project was noticed per the City’s notification requirements. Newspaper legal advertisements were posted in New Times ten days prior to each meeting (Planning Commission and City Council). Additionally, postcards were sent to both tenants and owners of properties located within 300 feet of the project site ten days before each advisory body hearing. Public comment was provided to the advisory bodies through written correspondence and through public testimony at each of the hearings. CONCURRENCE Staff comments provided during review of the proposed annexation are incorporated into the presented evaluations and Second Amendment to the MOA. ENVIRONMENTAL REVIEW Environmental analysis of the proposed annexation has been guided by previous work in the form of the Airport Area and Margarita Area Specific Plans Final EIR (2005), FEIR Addendum for the Airport Area and Margarita Area Specific Plans (2015), and the City of SLO General Plan Land Use and Circulation Elements (LUCE) FEIR (2014 ). An Initial Study of environmental impact was prepared to document whether there have been changed circumstances since the referenced EIRs were completed, to analyze consistency of the annexation with the General Plan and Airport Area Specific Plan (AASP ), and to identify any potentially necessary mitigation measures that should be applied to the annexation process, as well as the completion of needed infrastructure (new or rehabilitation) to support City services to the areas. The Notice of Intent to Adopt an IS/MND was filed with the San Luis Obispo County Clerk and was advertised in the New Times on September 19, 2019. The IS/MND was also submitted to the State Clearinghouse (received September 19, 2019). The 30-day public review period started on Friday September 20 and ended October 21, 2019. Following Planning Commission review, a letter was submitted by the SLO County Air Pollution Control District (APCD) on October 21, 2019 that elaborated on construction phase mitigation measures for the proposed annexation area. These mitigations included implementing dust control and idling emission limitations from construction vehicles to any construction projects in the annexation area. Staff has added these updated suggestions to the proposed mitigation measures and conditions of approval for the annexation as reflected in Attachment A, Exhibit A (Second Amendment to the MOA) and Attachment E (Initial Study/Mitigated Negative Declaration). In the case of the Fiero Lane-Clarion Court annexation, the 2015 and 2019 MOAs, as well as the 2015 Plan For Services, were relied on to identify the needed infrastructure that is incorporated into the Project Description for the annexation. The conclusion of the Initial Study completed for the proposed annexation is that by incorporating the needed infrastructure features of the MOA and Plan For Services, in addition to and as a direct result of the analysis of the noted EIRs, and implementation of mitigation measures identified in the Initial Study, the annexation and provision of infrastructure services to the area would result in a less than significant effect s on Item 13 Packet Page 78 the environment. Therefore, an Initial Study / Mitigated Negative Declaration is recommended for adoption in association with the proposed Fiero Lane-Clarion Court annexation (Attachment E). FISCAL IMPACT Budgeted: Yes Budget Year: 2019-2021 Funding Identified: Fee supported activity based on 100% cost recovery. Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cos General Fund N/A State Federal Fees Other: Total When the AASP was adopted, it was accompanied by a fiscal impact analysis, which found that annexation of the properties within the Airport Area Specific Plan (AASP) boundary would result in positive fiscal impacts for the City; approximately $750,000 net fiscal benefit annually at build- out. The proposed future annexation will help the City realize the positive fiscal impact indicated in the fiscal analysis, as anticipated by the AASP. One of the key and critical next steps is to negotiate a tax exchange agreement with the County of San Luis Obispo. Approval of a tax exchange agreement is a precedent requirement before LAFCo can finalize the proposed annexation. Because the proposed area is largely developed, the Master Tax Exchange Agreement provides that the City and the County will negotiate both existing and future tax revenues.16 These negotiations cannot commence until the City Council approves the filing of an application. ALTERNATIVES 1. Continue the item. An action to continue the item should include a detailed list of additional information or analysis needed to make a determination on the project. 2. Deny the proposed annexation based on findings of inconsistency with the AASP and/or General Plan. This action is not recommended because the analysis indicates the project is consistent with the General Plan and AASP, 2015 and 2019 MOAs, and because the Outside Users Agreement is set to expire in March 2020. 16 1996 Property Tax Exchange Agreement: For commercial and industrial annexation areas already substantially developed, tax exchange will be negotiated on a case-by-case basis between the annexing city and the County to determine an appropriate property tax sharing arrangement, based upon the principle of fiscal neutrality for the County . Item 13 Packet Page 79 Attachments: a - Draft Resolution b - COUNCIL READING FILE - Exhibit A to Resolution c - Detail Map and Legal Description d - COUNCIL READING FILE - 2015 and 2019 MOA e - Plan for Services f - Initial Study MND g - Planning Commission Minutes and Resolution Item 13 Packet Page 80 R _______ RESOLUTION NO. _______ (2019 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING APPLICATION FOR THE ANNEXATION OF THE FIERO LANE AND CLARION COURT PROPERTIES (FIERO LANE WATER COMPANY, FLWC) TO THE CITY OF SAN LUIS OBISPO AND THE ASSOCIATED SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT, WITH ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (MULTIPLE PROPERTIES, 850 FIERO LANE, PRIMARY; PL-ANNX-1166-2015, EID- 0626-2019) WHEREAS, on December 1, 2015 the City Council 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, for the purpose of considering a Memorandum of Agreement regarding the proposed annexation of property along Fiero Lane and Clarion Court and the provision of interim water and sewer service; and WHEREAS, on December 1, 2015 the City Council adopted Resolution No. 10678 approving a Memorandum of Agreement (MOA) to pursue annexation of the subject properties and to provide interim water and wastewater services to said area pending completion of the annexation process; and WHEREAS, on March 19, 2019 the City Council adopted a First Amendment to the 2015 Memorandum of Agreement, which revised the schedule for completion of the annexation and extending the time for consideration of the annexation with the Local Agency Formation Commission (LAFCO), as prescribed in Resolution No. 10994 (2019 Series); and WHEREAS, the referenced MOAs and the 2016 Fiero Lane Water Company (FLWC) “Plan For Services” include details on the studies, analysis, scheduling and financing of the consideration of said annexation and the needed public and private infrastructure improvements to be completed as part of any annexation; and WHEREAS, the City is actively working with the applicants and their consultants on detailing the various improvements and implementation of the financing plans to complete said improvements; and WHEREAS, all the requirements, conditions and implementing measures of said Resolutions No. 10678 and 10994 have been met by the applicants in order to consider the annexation; and WHEREAS, a duly noticed Public Hearing before the Planning Commission was held on September 25, 2019 to consider testimony and input on the proposed annexation, needed public and private infrastructure improvements, development impact fees and charges to be paid to the City, environmental considerations for the annexation, and review of the timing and implementation of said fees and improvements; Item 13 Packet Page 81 R _______ WHEREAS, the Planning Commission recommended the City Council approve the annexation and adopt the associated Initial Study/Mitigated Negative Declaration; and WHEREAS, environmental analysis of the proposed annexation has been guided by previous work in the form of the Airport Area and Margarita Area Specific Plans Final EIR (2005), FEIR Addendum for the Airport Area and Margarita Area Specific Plans (2015), and the City of SLO General Plan Land Use and Circulation Elements (LUCE) FEIR (2014); and WHEREAS, an Initial Study of environmental impact was prepared for the proposed annexation, which tiers from the certified Final EIR for the Airport Area and Margarita Area Specific Plans, documents whether there have been changed circumstances since those referenced EIRs were completed, analyzes consistency of the annexation with the General Plan and Airport Area Specific Plan, and identifies mitigation measures that would be required to mitigate potentially significant impacts resulting from the annexation process and the construction of needed infrastructure (new or rehabilitation) to support City services to the areas; and WHEREAS, the conclusion of the Initial Study of environmental impact is that by incorporating the needed infrastructure features of the 2015 and 2019 MOAs, as well as the 2016 Plan For Services, in addition to and as a direct result of the analysis of the noted EIRs, and implementing noted mitigation measures, any significant effects of the annexation and provision of infrastructure services to the area would result in a less than significant effect on the environment. WHEREAS, the City Council has duly considered all evidence, including testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council does hereby adopt the following findings in support of its authorization for application for the annexation of the Fiero Lane/Clarion Court area from the County of San Luis Obispo into the City of San Luis Obispo: 1. This proposal for annexation is made pursuant to Title 5, Division 3, Part 3 of the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, California Government Code Section 56000, et. seq. 2. The annexation boundary and the nature of the annexation are outlined in Exhibit A, which includes the Second Amendment to the Memorandum of Agreement (MOA) between the City of San Luis Obispo and the Fiero Lane Water Company, the First Amendment to the MOA, the 2015 MOA, and annexation boundary map. Item 13 Packet Page 82 R _______ 3. The project area is identified in the Airport Area Specific Plan as a future annexation area, and no changes to identified pre-zoning or General Plan land use designations are proposed. The proposed annexation is consistent with the Airport Area Specific Plan, which was determined to be consistent with the San Luis Obispo County Airport Land Use Plan. 4. The proposed annexation is consistent with the General Plan, including Policies 1.13.3 (Annexation Purpose and Timing) and 1.13.5 (Annexation in Airport Area) because the proposed project satisfies all the prerequisites identified under 1.13.5 and pre-zoning was established upon adoption of the Airport Area Specific Plan, which is a prerequisite for allowing development on the site under the City’s General Plan. 5. The Fiero Lane-Clarion Court area is within the City’s Sphere of Influence as defined by the Local Area Formation Commission (LAFCo), which is an area designated for eventual annexation provided that City services can be provided, and that annexation is otherwise consistent with LAFCo policies. 6. Memorandum of Agreement and Plan for Services provides a framework for providing the necessary City services, and approval of the Second Amendment to the Memorandum of Agreement between the City and the Fiero Lane Water Company adequately addresses the parameters of interim service and establishes sufficient penalties/timeframes to ensure future annexation and implementation of infrastructure improvements. SECTION 2. Environmental Review Findings and Adoption. Based upon all evidence in the record before it, including the Initial Study and any comments received, the City Council hereby adopts the Initial Study/Mitigated Negative Declaration (IS/MND) prepared and circulated for the annexation, and which tiers off the certified Final Environmental Impact Report for the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (SCH# 2000051062), and adopts the following California Environmental Quality Act Findings: 1. During consideration of the 2015 MOA, the Council approved an Addendum to the certified Final Environmental Impact Report (FEIR) for the Airport Area and Margarita Area Specific Plan. The Council determined that approval of the 2015 MOA did not meet the criteria for preparing a subsequent or supplemental EIR pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15164. Following this 2015 approval, the City Council certified the Final Environmental Impact for the Land Use and Circulation Element Update, which analyzed the annexation of the Fiero Lane-Clarion Court area as it relates to potential environmental impacts associated with build-out of the General Plan. Based on these analyses, no significantly changed circumstances have occurred within the subject area since 2015 that would affect the analysis and conclusions of the approved 2015 Addendum. 2. The proposed project, as conditioned herein, is consistent with the requirements of the certified Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans Final Environmental Impact Report (FEIR) (SCH# 2000051062) and approved Addendum to the certified FEIR, and this action incorporates those FEIR mitigation Item 13 Packet Page 83 R _______ measures as detailed herein. 3. A supplemental, tiered, Initial Study has been prepared for the project, which addresses potential environmental impacts resulting from the proposed project, and the Community Development Director has recommended that the results of that additional analysis be incorporated into a MND of environmental impacts, and recommends adoption of identified mitigation measures, all of which are incorporated below. 4. The IS/MND was revised to expand identified air quality mitigation measures and to provide clarifications regarding the incorporation of earlier analysis. The air quality mitigation measures have been expanded to include additional more effective requirements, which would further mitigate potential impacts. All additions and modifications to the Initial Study provide minor clarifications and expanded discussion, all supporting the conclusions of the publicly-circulated Initial Study/Mitigated Negative Declaration. No new impacts have been identified. Therefore, pursuant to California Environmental Quality Act Guidelines Section 15073.5 and Public Resources Code section 21080(f), recirculation of the Initial Study/Mitigated Negative Declaration is not required. 5. All potentially significant effects were analyzed adequately in the referenced FEIR and IS/MND, subject to the following mitigation measures being incorporated into the project and the mitigation monitoring program: Air Quality AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities a geologic evaluation shall be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. More information on NOA can be found at http://www.slocleanair.org/business/asbestos.asp. AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. More information on Asbestos can be found at http://www.slocleanair.org/business/asbestos.php. Item 13 Packet Page 84 R _______ AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative material within San Luis Obispo County. AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the ARB) or an Air District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive: power screens, conveyors, diesel engines, and/or crushers; portable generators and equipment with engines that are 50 hp or greater; internal combustion engines; unconfined abrasive blasting operations; concrete batch plants; rock and pavement crushing; tub grinders; and, trommel screens. AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are listed below. All projects with diesel-powered construction activity shall comply with Section 2485 of Title 13 of the California Code of regulations and the 5-minute idling restriction identified in Section 2449(d)(2) of the California Air resources Board’s In-Use Off-Road Diesel regulation to minimize toxic air pollution impacts from idling engines. a. Maintain all construction equipment in proper tune according to manufacturer’s specifications; b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e. Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g. Diesel idling within 1,000 feet of sensitive receptors is not permitted; h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; i. Electrify equipment when feasible; j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; k. Signs that specify no idling areas must be posted and enforced at the site; l. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated ozone precursor emissions from the actual fleet for a given construction phase are expected to exceed the APCD threshold of significance after the standard mitigation measures are Item 13 Packet Page 85 R _______ factored into the estimation, then BACT needs to be implemented to further reduce these impacts. The BACT measures can include: a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines; b. Repowering equipment with the cleanest engines available; and c. Installing California Verified Diesel Emission Control Strategies. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4 acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402) in order to minimize nuisance impacts and to significantly reduce fugitive dust emissions: a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD- approved dust suppressant where feasible to reduce the amount of water used for dust control (contact the APCD for a list of potential dust suppressants); c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim Fuhs at 805-781-5912). g. Projects with grading areas greater than 4 acres or within 1,000 feet of any sensitive receptor shall implement the measures above, in addition to the following additional mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): 1) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; Item 13 Packet Page 86 R _______ 2) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; 3) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; 4) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; 5) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code (CVC) Section 23114; 6) “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track-out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘track-out prevention device’ can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need peri odic cleaning to be effective. If paved roadways accumulate tracked out soils, the track- out prevention device may need to be modified; 7) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible. Air Quality Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant will also be required to comply with existing regulations and secure necessary permits from the Air Pollution Control District (APCD) before the onset of grading or demolition activities including, but not limited to additional dust control measures, and evaluation for Naturally Occurring and Material Containing Asbestos. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone n umber of the person responsible for ensuring compliance with these requirements. The Building Inspector and Community Development and Public Works Inspectors shall conduct field monitoring. Cultural Resources and Tribal Cultural Resources CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are unearthed or discovered during any construction activities, the following standards apply: a. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be Item 13 Packet Page 87 R _______ accomplished in accordance with state and federal law, and in consultation with local Native American tribal organizations. b. In the event archaeological resources are found to include human remains, or in any other case where human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department and Environmental Coordinator so that proper disposition may be accomplished. Cultural Resources and Tribal Cultural Resources Monitoring Program: Requirements for cultural resource mitigation, in the event of unforeseen encounter of materials during the potential relocation of the wastewater treatment facility, shall be clearly noted on all plans for project grading and construction. Compliance will be verified by the Community Development Director. SECTION 3. Actions. The City Council hereby: 1. Authorizes the filing of an application for annexation of the Fiero Lane-Clarion Court area and directs the Community Development Director to process the application with San Luis Obispo Local Agency Formation Commission (LAFCo). 2. Requests that LAFCO accept the application for annexation and initiate proceedings for annexation to Title 5, Division 3, Part 3 of the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, California Government Code Section 56000, et. seq. 3. Authorizes the City Manager to execute any documents in a form approved by the City Attorney related to the annexation of the subject lands to the City of San Luis Obispo. 4. Approves the Second Amendment to the Memorandum of Agreement for the Annexation of the Fiero Lane/Clarion Court area (attached hereto as Exhibit A and incorporated herein by this reference), which incorporates conditions of annexation as recommended by the Planning Commission of the City of San Luis Obispo. 5. Authorizes the Mayor to execute Second Amendment to the Memorandum of Agreement between the City and the Fiero Lane Water Company attached hereto as Exhibit A and incorporated herein by this reference. 6. Authorizes the City Manager to initiate property tax negotiations with the County of San Luis Obispo. Item 13 Packet Page 88 R _______ 7. Authorizes the City Manager to execute any documents in a form approved by the City Attorney related to the annexation of the subject lands to the City of San Luis Obispo. Upon motion of _______________________, seconded by _______________________ and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ____ day of ___________, 2019. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ____________ day of ___________________, ___________. ____________________________________ Teresa Purrington City Clerk Item 13 Packet Page 89 ANNEXATION NO. TO THE CITY OF SAN LUIS OBISPO LEGAL DESCRIPTION All that property in the County of San Luis Obispo, State of California, described as follows: Beginning at the intersection of the north line of Lot 1 of Tract 2339 per the map of said Tract No. 2339, filed July 17, 2000 in Book 19, Page 25 of Maps, in the Office of the County Recorder of San Luis Obispo County, with the east line of the Offer of Dedication for Santa Fe Road Right of Way and Clarion Court according to said map, also being a point on the San Luis Obispo City Limits Line according to Annexation No. 77 to the City of San Luis Obispo (Airport/Margarita), a found nail and tag stamped LS 6192 in top of concrete curb bears North 81 °27'20" West 7.08 feet per said map ( see certificate of correction 2001-084 714 of Official Records for the description of the monument) ; Thence, leaving the existing City Limit Line, along the easterly line of said Offer of Dedication the following 5 courses: South 00 °02'18" East 217.22 feet to the beginning of a curve concave to the northeast, having a radius of 23.00 feet; Thence, southeasterly along the arc of said curve, through a central angle of 89 °59'54" a distance of 36.13 feet; Thence, South 00 °02'18" East 50.00 feet to the beginning of a non-tangent curve concave to the southeast, having a radius of 23.00 feet to which a radial line bears North 00 °02'23" West; Thence, southwesterly along the arc of said curve, through a central angle of 89°59'55" a distance of 36.13 feet; Thence, South 00 °02'18" East 104.42 feet to the south line of said Lot 1 and the north line of Parcel 2 of Parcel Map COAL-87-311 per the map , filed July 17, 2000 in Book 45, Page 2 of Parcel Maps, in the Office of the County Recorder of San Luis Obispo County; Thence along said north line North 89 °45'25" West 7.00 feet to the east line of the 25 foot Offer of Dedication shown as per 3082/0R/239 on said Parcel Map, being a line that is parallel with and offset 25 feet easterly from the centerline of Santa Fe Road; Thence along said line South 00°02'18" East 256.88 feet to the south line of said Parcel 2; Thence along said line South 89 °42'47" East 484.05 feet to a%" iron pipe with tag LS 5201 marking the northwest corner of Parcel 2 of Lot Line Adjustment COAL 91-141 Item 13 Packet Page 90 according to Document No. 1995-033401 in the Office of the County Recorder of San Luis Obispo County; Thence along the west line of said Parcel 2 South 00 °02'24" East 247.52 feet to a%" iron pipe with tag LS 5201 marking the southwest corner of said Parcel and an angle point of the easterly line of Parcel 1 of said Lot Line Adjustment according to Document No. 1995-033403 in the Office of the County Recorder of San Luis Obispo County; Thence along said easterly line North 89 °41'30" West 7.72 feet to a%" iron pipe with tag LS 5201; Thence continuing along said easterly line South 00 °07'14" West 46.95 feet to the northerly corner of the land described in the Grant Deed to the County of San Luis Obispo, a Public Entity in the State of California, recorded February 27, 2009 as Document No. 2009009610 of Official Records in the Office of the County Recorder of said County; Thence along the northeasterly line of said land South 55 °02'36" East 380.15 feet to the easterly corner of said land and the south line of Parcel A of Parcel Map COAL 83-24 per the map, filed March 21, 1985 in Book 37, Page 7 of Parcel Maps, in the Office of the County Recorder of San Luis Obispo County Thence along said line and along the south line of Parcel B of said Parcel Map South 86 °13'13" East 508.01 feet to the intersection with the east line of the 15 foot wide strip of land shown as a 15' wide take per 365 OR. 44 on said Parcel Map; Thence South 65°56'21" East 16.21 feet to the most westerly corner of Parcel 1 of Parcel Map CO 89-319 per the map, filed April 4, 2000 in Book 54, Page 61 of Parcel Maps, in the Office of the County Recorder of San Luis Obispo County, also being a point on the San Luis Obispo City Limits Line according to Annexation No. 65 to the City of San Luis Obispo; Thence said along San Luis Obispo City Limits Line and along the westerly line of said Parcel 1, North 00 °17'38" East 273.93 feet to the southerly corner of Lot 6 of Tract No. 712 per the map of said Tract No. 712, filed October 27, 1980 in Book 10, Page 49 of Maps, in the Office of the County Recorder of San Luis Obispo County; Thence along the southeasterly line of said Tract No. 712 North 67 °16'44" East 1282.02 feet to the easterly corner of Lot 9 of said Tract being on the southwesterly Right of Way line of Broad Street (State Highway 227) and the San Luis Obispo City Limits Line according to Annexation No. 53 to the City of San Luis Obispo and a curve concave to the northeast having a radius of 3555.00 feet, to which a radial line bears South 57°35'34" West; Thence along the southwesterly Right of Way line of Broad Street (State Highway Item 13 Packet Page 91 227), said San Luis Obispo City Limits Line, and the northeasterly line of said Tract No. 712 northwesterly along the arc of said curve through a central angle of 10 °23'57" a distance of 645.23 feet to the northerly corner of Lot 1 of said Tract No. 712; Thence continuing along the southwesterly Right of Way line of Broad Street (State Highway 227) and said San Luis Obispo City Limits Line northwesterly along the arc of said curve through a central angle of 00 °54'42" a distance of about 56.57 feet; Thence continuing along the southwesterly Right of Way line of Broad Street (State Highway 227) and said San Luis Obispo City Limits Line North 21 °15'47" West 100.70 feet to the most easterly corner of Parcel 1 of that property described in Document No. 26918 as recorded in Book 3308, Page 338 of Official Records in the Office of the County Recorder of said County, shown as Parcel A on the map filed in Book 36 page 55 of Licensed Surveys in the Office of the County Recorder of said County being on the San Luis Obispo City Limits Line according to Annexation No. 66; Thence along the southerly line of said Parcel A and said San Luis Obispo City Limits Line South 53°25'25" West 252.89 feet to angle point in said line; Thence continuing along the southerly line of said Parcel A and said San Luis Obispo City Limits Line South 87 °59'35" West 288.60 feet to the southwest corner of said Parcel A being a point on the southerly line of Lot 79 of said San Luis Obispo Suburban Tract and being on the San Luis Obispo City Limits Line according to Annexation No. 77; Thence continuing along the southerly line of Lots 79, 58, and 59 of the San Luis Obispo Suburban Tract and along the San Luis Obispo City Limits Line according to Annexation No. 77 South 87 °59'35" West 173.47 feet to an angle point therein; Thence, continuing along said line, South 71 °17'07" West 582.37 feet to an angle point therein; Thence, continuing along said line, North 89 °29'06" West 309.04 feet to an angle point therein; Thence, continuing along said line, North 81 °27'20" West 616.52 feet to the point of beginning. Containing 48.21 acres more or less. d of legal description � �zl-ltj George Y. Marchenko LS 6964 Date Item 13 Packet Page 92 POINT OF BEGINNING r--....!:.Nf__881o 27'20" W �- � 6 16.52· I � N 89° 29' 06" w 309.04' 5 71 0 1 7,, 'l'J 7, 0 IL01' 1 '1rnAC1' 2339 _..__ __ ___._--. N 89° 45' 25" W 7.00' S 89 ° 42' 47" E 484.05' S 0 ° 07' 14" W 46.95' 19/MilB/25 JPAR.C!El, 2 roAJL 87-211 45/JPM/2 = JP'ARCIEIL 2 COAJL 91-141 41995-033401 OR N 89 ° 41' 30" W 7.72' o' ,S,So IPTN.IPARCIBL A COAL 83-24 0._:>, � a6',, JPARCIE!L B COAJL 83-24 37/!PM/7 -�o (::-u>aoQ� . ?.s, --i.._-�;;;-;��--llS 86 0 13' 13" E 508.01' S 65 ° 56' 21" E 16.21' 0 100 200 400 WALLACE GROUP 1 INCH = 200 FEET 612 Clarion Court SAN LUIS OBISPO, CA 93401 T 805 544-4011 F 805 544-4294 www.wallacegroup.us EXHIBIT 8 ANNEXATION No. TO THE CITY OF --- SAN LUIS OBISPO.CA JOB No.: 376-01-19 DRAWING :fiero annx DRAWN BY: GM DATE: 8/17/2016 Sheet 1 of 2 Item 13 Packet Page 93 IPAR<CIEIL A S 87° 59' 35" W S 87 ° 59' 35" W 511· 1 1 .. \J'J 1•0 IPAJRCJEJL IBi COAJL 71-254 IPARCJEL JBi COAJL 83-24 37/IPM/7 JL())7I' 4J JL01' 5 JL01' 6 .__ __ N 0 ° 17' 38" E 273.93' IPAJRCJEJL 1 COAJL fJ'J-319 541/PM/61 S 65 ° 56' 21" E 16.21' WALLACE GROUP 612 Clarion Court SAN LUIS OBISPO, CA 93401 T 805544-4011 F 805 544-4294 www.wallacegroup.us 288.60' L=56.57', R=3555.00' ,1 =0 ° 54 • 42" !L01' 3 \W'J/' J L=645.23', R=3555.00' L\=10 ° 23' 57" JL01I' 7 A"€. 6, Avr 1 0 \ �6 54/JPM/61 EXHIBIT B ANNEXATION No. TO THE CITY OF 0 --- SAN LUIS OBISPO.CA JL())1' 8 SCALE 100 200 400 1 INCH = 200 FEET JOB No.: 376-01-19 DRAWING :fiero annx DRAWN BY: GM DATE: 8/17/2016 Sheet 2 of 2 Item 13 Packet Page 94 Fiero Lane/Clarion Court Annexation Plan for Services – March 2016 Contents: 1. Law Enforcement 2. Fire Protection (Including Paramedic and Ambulance) 3. Parks and Recreation 4. Streets and Paths 5. Public Transit 6. Solid Waste and Recycling 7. Government Services, Development Review and Code Enforcement 8. Water and Wastewater 9. Storm Drainage 10. Affordable Housing 1. Law Enforcement The San Luis Obispo Police Department provides a variety of law enforcement and community services. Police services are based at 1042 Walnut at the intersection of Santa Rosa (Highway 1) and Highway 101. The Department consists of 90 employees, 62 of which are sworn police officers. This results in a ratio of about 1.4 officers-per- 1000 residents. However, the City of San Luis Obispo is an employment center, so the daytime population of the City’s urban area increases by about 30,000 people per day over its resident population. Thus, the officers-per resident ratio can be a misleading descriptor of service level. The Department is divided into two police bureaus, with a Police Captain commanding each. The Operations Bureau consists of a Patrol Services Division, a Traffic Safety Unit, and a Situation Oriented Response Team, and Neighborhood Services. The majority of the Operations Bureau resources are devoted to patrol services and traffic safety. The Administrative Services Bureau consists of Administrative Services Division, Investigative Division, Communications Division, Records Unit, and Information Services Unit. This bureau provides services essential to law enforcement in the City and the effective use of the Operations Bureau resources. According to the Safety Element of the City’s General Plan, the Department has a 30% available-time objective for patrol officers. Available time is the portion of time that a patrol unit is not already on call or otherwise unavailable to respond to a new emergency call for service. The level of service in the annexed territory is the same as in the rest of the city. Item 13 Packet Page 95 City of San Luis Obispo Fiero Lane/Clarion Court Annexation Plan for Services - Page 2 The Airport Area Specific Plan indicates that the proposed annexation will drive the need for additional personnel and equipment to maintain the current level of service and meet the available-time objective for patrol response. The Specific Plan also indicates the potential need for a police substation/work area with urbanization of the area. Resources are allocated to the Police Department through the City’s 2-year budget and financial plan process. Requests for additional resources are weighed against other potential uses of the City’s general fund. The City expected that service demands and revenues both would increase upon annexation of the Airport Area. Increased service demands will continue approximately in proportion to the amount of new development in the area at a gradual pace over several years. The level of service provided to the Fiero Lane/Clarion Court Annexation Area will be the same as provided to the rest of the Specific Plan Area. 2. Fire Protection (Including Paramedic and Ambulance) The City of San Luis Obispo Fire Department provides emergency and non-emergency fire protection services in the City. Emergency services include fire response, emergency medical response, hazardous materials response, and public assistance. Non-emergency services include fire and life safety inspections, building inspections, building plan checks, fire code investigations, arson investigations, and public education. Additionally, the SLOFD is a member of a countywide team that responds to hazardous materials incidents throughout the County. The Fire Department operates 4 fire stations and has a firefighter/population ratio of approximately 1 firefighter per 1,000 residents. Headquarters (Fire Station #1) is located on the corner of Broad Street and South Street, Fire Station #3 is located at 1280 Laurel Lane, and Fire Station #4 is located at the corner of Madonna and Los Osos Valley Road. County Fire Station #21, which is located on the runway, provides for airport crash fire rescue services. This station also provides emergency response services for a rather large rural area. The City currently maintains a mutual aid agreement with Calfire to allow this station to respond to matters within the airport area. The Airport Area Specific Plan indicates that upon annexation of the plan area, the Department’s minimum staffing level may need to be increased. In addition, because of increased population and the increased potential hazards of the industrial area, the City may need to add additional inspectors to augment existing staff. The proximity of these stations to the Airport Area provide for emergency response times of 4 minutes or less. The Fire Department’s standard of coverage recommends that a three-person engine company, with paramedic, meet this standard 95 percent of the time. All SLOFD engine companies (first responders during an emergency call) include at least one paramedic. In 2013, the Chevron EIR evaluated development and annexation of the Chevron property and therefore evaluated the potential for fire department operational needs. The EIR concluded that the majority of the Airport area is not within the City’s desired 4- Item 13 Packet Page 96 City of San Luis Obispo Fiero Lane/Clarion Court Annexation Plan for Services - Page 3 minute response time. However, this response time may be enhanced by the completion of circulation improvements including the completion of Prado Road, Santa Fe Road, and the widening of Tank Farm Road. Even with these improvements planned for the future, the EIR concluded mitigation is necessary to achieve the City’s policy objectives for response time (Safety Element Policy 10.3). These mitigation measures are incorporated into the AASP as follows: Policy 7.9.1: Adequate Fire Suppression Services and Facilities The City shall provide adequate fire suppression services and facilities to the Airport Area, consistent with the Safety Element of the General Plan, by completing area transportation improvements, co- locating City fire services with existing CAL-Fire facilities located on Broad Street, and/or establishing a permanent facility within the Airport Area. Policy 7.9.2: Fire Station Location and Site Dedication During the first phase of development of the Chevron Tank Farm site, property that is suitable for the development of a new fire station shall be deeded to the City, to the approval of the Fire Chief. Policy 7.9.3: Interim Safety Improvements Until a permanent facility is developed that enables the City to achieve its response time objectives, new development in the Airport Area may be required to finance other improvements that will contribute to alleviating current deficiencies, as identified in the San Luis Obispo Fire Department Master Plan (2009). This policy will be implemented on a case by case basis through conditions of approval when project specific fire and life safety impacts are identified. The proposed annexation was anticipated by the Airport Area Specific Plan. The Specific Plan indicates that development of the plan will drive the need for additional personnel, including firefighters and inspectors, to maintain the current level of service. Resources are allocated to the Fire Department through the City’s 2-year budget and financial plan process. Requests for additional resources are weighed against other potential uses of the City’s general fund. The City expects that service demands and revenues both will increase upon annexation. Increased service demands will continue approximately in proportion to the amount of new development in the area at a gradual pace over several years. The level of service provided to the Fiero Lane/Clarion Court Annexation Area will be the same as provided to the rest of the Specific Plan Area. 3. Parks and Recreation The proposed annexation area is already developed and no additional development is proposed at this time. The area does not include parkland because no residential neighborhoods are proposed. 4. Streets Maintenance and Development Item 13 Packet Page 97 City of San Luis Obispo Fiero Lane/Clarion Court Annexation Plan for Services - Page 4 The proposed annexation boundaries have been created in consideration of the City’s ability to maintain public infrastructure within the annexation area. The City’s Pavement Management Plan was originally adopted in 1998 and provides the framework for the City’s maintenance program. The heart of the program is computer software that analyzes the conditions of various street segments via special algorithms and then makes maintenance recommendations according to the available budget. The City has purchased MicroPaver, a program originally written by the Army Corps of Engineers to maintain military bases. This program is made available to the public via the American Public Works Department and the University of Illinois. It is continually updated and maintained by the Corps and is in use throughout the United States and worldwide. Within the annexation area, existing public streets will be upgraded to City standards by the applicant and accepted by the City for maintenance upon completion of the upgrades. Maintenance of existing streets within the annexed territory will be accomplished by incorporating the streets into the pavement management program. 5. Public Transit Currently the nearest bus route (Route 3) is located about 1,500 feet north of the annexation area and the City’s Transportation Division is in the process of expanding said route. No development is proposed in the annexation area, however, as development occurs in the Airport Area, the potential for new or expanded bus routes will be evaluated in accordance with the potential routes identified in the specific plans. New development is responsible for providing transit facilities, such as turnouts, shelters and in some cases, smart signs that indicate how soon the next bus will arrive. 6. Solid Waste and Recycling The City of San Luis Obispo contracts with San Luis Garbage Company for garbage, green waste and recycling services. San Luis Garbage disposes of solid waste at the Cold Canyon Landfill, which is a regional facility. San Luis Garbage also serves commercial and residential properties within the City’s urban reserve and no change in service is expected for annexed properties. The City also runs a construction and demolition debris recycling program (Municipal Code Chapter 8.05). The goal of the program is to divert the bulk of the materials generated from projects within the City of San Luis Obispo from the landfill and thus, extend the landfill’s lifespan. Construction and demolition debris materials represent a significant percentage of the City’s solid waste stream, with current estimates at 25 percent of the total tonnage. The program helps the City meet State-mandated requirements for solid waste reduction. 7. Municipal Services, Development Review and Code Enforcement The City of San Luis Obispo will provide for municipal services within the annexed territory such as elections, public notices, development review, building permits and inspections, subdivision review, permitting and inspecting public improvements, and code enforcement. San Luis Obispo City government will provide for development Item 13 Packet Page 98 City of San Luis Obispo Fiero Lane/Clarion Court Annexation Plan for Services - Page 5 review of all new development projects in accordance with the Airport Area Specific Plan, and will coordinate with the County of San Luis Obispo with respect to on-going construction projects and active construction permits. Code enforcement activities are provided by full-time staff in the Community Development Department, in coordination with the Police Department and the City Attorney’s Office. Government services are based at City Hall, 990 Palm Street, San Luis Obispo. 8. Water and Wastewater According to water metering records from the Fiero Lane Water Company (FLWC), annual water demand for the Fiero Lane/Clarion Court annexation area is 8,293 units/year or 19 acre feet per year for both indoor and outdoor landscape use. The Airport Area Specific Plan and the City’s General Plan anticipated the water demand to serve this annexation and adequate water supplies are available to serve the build out of the City’s General Plan. The City has existing 12-inch potable water mains on Broad Street and Aerovista. For interim service, a water meter is proposed to be located on Aerovista with a future permanent meter location at Broad Street and Fiero Lane. The annexation area is in the City’s Water Reuse Master Plan area and will be served with recycled water for landscape irrigation in the future when the recycled water distribution system is extended south on Broad Street. Wastewater generation for the annexation area, including the 500,123.5 square feet of developed area, is approximately 15,000 gallons per day. Connection to the City’s gravity sewer is proposed to be located at the end of Fiero Lane (existing County-owned gravity main carrying flow from the Airport) to the City’s Airport lift station. The Airport lift station pumps flow to a gravity main on Broad Street that extends west on Tank Farm Road to the Tank Farm lift station. Both facilities have capacity to serve the proposed annexation. Some parcels within the proposed annexation area are served by existing septic tanks. Properties that receive access from Santa Fe Road will continue to use septic systems. Properties remaining on septic tanks will be allowed to remain on septic until the system fails or substantial additions or redevelopment of the property is proposed. At the time of failure or substantial increase in development, those properties will be required to connect to the sewer system. In 2015, average flow to the City’s Water Resource Recovery Facility was 3.5 million gallons per day (mgd). Design capacity of the WRRF is 5.1 mgd and the planned upgrade to the facility will increase its capacity to 5.4 mgd. Adequate capacity is available at the facility to serve the proposed annexation. 9. Storm Drainage On-site flooding and the potential for increased downstream flooding have restricted development potential in the Airport area. When considering how to address storm Item 13 Packet Page 99 City of San Luis Obispo Fiero Lane/Clarion Court Annexation Plan for Services - Page 6 drainage in the area, a number of objectives are identified in the Airport Area Specific Plan. These include:  Use the City’s Drainage Design Manual and Waterways Management Plan as the basis for all detention requirements in the Specific Plan area.  Provide a method for flood protection consistent with the City’s Flood Damage Prevention Regulations.  Maximize the opportunity for environmental enhancement of stream corridors and stormwater detention and conveyance facilities.  Minimize capital expenditures.  Provide opportunities for multiple-use of storm drainage facilities. Initially, an area-wide drainage solution was envisioned for the Airport Area. This solution was referred to as the Storm Drain Master Plan and relied on significant creek channel modifications to keep storm flows within existing creek channels, modified natural channels, and in man-made by-pass channels. A regional detention basin south of Buckley Road was proposed to detain water and prevent downstream flooding. After this solution was developed, the City’s Waterwa ys Management Plan was approved, which includes a Drainage Design Manual with standards for on-site storm water detention. Once it became evident that the costs of the original Storm Drain Master Plan were prohibitive, the Storm Drain Master Plan was revised to allow for on-site detention of storm flows, consistent with the Drainage Design Manual. The following proposed improvements and development requirements comprise the revised Storm Drain Master Plan for the Airport Area, and also improve the upstream situation in the Margarita Area: 1. Remove and replace existing Acacia Creek Bridge at Tank Farm Road with a standard Caltrans 2-span concrete slab bridge. 2. Remove and replace existing East Branch San Luis Obispo Creek Bridge at Santa Fe Road with a standard Caltrans 2-span concrete slab bridge. 3. Remove and replace the existing Tank Farm Creek culvert facilities at Tank Farm Road with a standard Caltrans 2-span concrete slab bridge. 4. Apply the requirements of the City’s Floodplain Management Regulations to proposed development within the Airport Area. 5. Apply the requirements of the City’s Waterways Management Plan, Drainage Design Manual to proposed development within the Airport Area. These proposed improvements, along with implementation of existing City-wide ordinances and requirements are expected to provide 100-year flood protection and provide for environmental enhancement of stream corridors. The analytical methods outlined in the Waterway Management Plan, Drainage Design Manual will be used to assist in the future design of flood control improvements. Item 13 Packet Page 100 City of San Luis Obispo Fiero Lane/Clarion Court Annexation Plan for Services - Page 7 10. Affordable Housing The proposed annexation area is currently developed with commercial structures/existing commercial uses and no new development is proposed as part of this application. Affordable housing would be required if new development is proposed in the future. Per the City’s Inclusionary Housing Requirement (Zoning Regulations Chapter 17.91), any new commercial projects that include over 2,500 square feet of floor area must provide affordable housing or pay in-lieu fees. The requirement is two affordable dwelling units per acre of land, or payment of an in-lieu fee equal to 5% of building valuation. The City uses the fees collected for affordable housing projects that meet eligibility criteria as specified by Council resolution. Item 13 Packet Page 101 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For EID-0626-2019 1.Project Title: Fiero Lane and Clarion Court Annexation 2. Lead Agency Name and Address: City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 3. Contact Persons and Phone Number: David Watson, Contract Planner dave@watsonplanning.us (805) 704-8728 Shawna Scott, Senior Planner sscott@slocity.org (805) 781-7176 4. Project Location: The approximately 39-acre proposed annexation area is located on the west side of Broad Street, approximately one-quarter mile south of Tank Farm Road. The site consists of 30 existing parcels located along Fiero Lane, Clarion Court, and a portion of Santa Fe. 5. Project Sponsor’s Name and Address: Matt Quaglino Fiero Lane Water Company President, Fiero Lane Water Company c/o Rob Miller, PE c/o Quaglino Properties Wallace Group 815 Fiero Lane 612 Clarion Court San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 6.General Plan Designation: Current County of San Luis Obispo General Plan Designation: Commercial Service and Industrial Land Use Categories City of San Luis Obispo Proposed General Plan Designations: Business Park and Services & Manufacturing (consistent with the Airport Area Specific Plan, Figure 4-1 Land Use Designations) Item 13 Packet Page 102 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 2 7. Zoning: Proposed: Business Park (BP), Service Commercial (CS), and Manufacturing (M) (consistent with the Airport Area Specific Plan, Figure 4-4 Zoning Designations) Figure 2: Project Vicinity Map Project location Figure 1: Regional Location Item 13 Packet Page 103 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 3 Description of the Project: The Proposed Project includes annexation of approximately 39 acres of property into the City of San Luis Obispo. The proposed annexation area is comprised of 30 parcels located in the vicinity of Fiero Lane and Clarion Court, near the San Luis Obispo Regional Airport (Reference Source 1, Fiero Lane-Clarion Court Proposed Annexation Area). The Fiero Lane-Clarion Court annexation and service area is located within the Airport Area Specific Plan (AASP) located generally in and around 850 Fiero Lane, San Luis Obispo, California 93401. Approximately 90 percent of the properties within the annexation area are developed with businesses currently operating under San Luis Obispo County regulations. The subject area is identified in a previously approved 2015 Memorandum of Agreement (MOA) between the City and the Fiero Lane Water Company (FLWC) that provides (i) interim water and wastewater services to the Fiero Lane and Clarion Court properties located in the Fiero Lane Annexation area west of Broad Street, and (ii) provides for annexation of these properties into the City of San Luis Obispo. A First Amendment to this MOA was approved by the City Council on March 19, 2019, which allowed additional time (one year) to complete the application submittal and processing of the annexation with the San Luis Obispo County Local Agency Formation Commission (LAFCO). In 2015 the City Council adopted Resolution No. 10678, which provided for the two phases of the project, as summarized below: Phase 1 (Memorandum of Agreement): This phase included an interim hookup to City water and sewer facilities after initial Council and LAFCO authorization. The physical changes to the City’s infrastructure system were limited to the following: Disconnection from the FLWC Wastewater Treatment Plant (WWTP). Sewer system connection for the proposed annexation area, including approximately 30 feet of temporary sewer force main construction in existing disturbed street areas. Potable water system connection for the proposed annexation area at a single point, including minor temporary pipeline construction in existing disturbed areas. Phase 2: (Annexation): During this phase, City and FLWC staff have defined the detailed improvements required for permanent connections to City systems. During Phase 2, improvements would include: Decommissioning of the existing WWTP, including potential relocation of required plant equipment to the East Airport area (refer to description of wastewater alternatives below, under Plan for Services). Installation of new water meters Installation of recycled water main on Broad Street Reconfiguration of sewer laterals along Fiero Lane to connect to the existing airport gravity sewer Pavement rehabilitation and sidewalk repairs within Fiero Lane Other improvements identified in the MOA between the City and FLWC Item 13 Packet Page 104 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 4 Plan For Services The proposed annexation area has been analyzed to identify their impact on overall City services. To document this analysis and the recommendations derived from that analysis, a Plan For Services has been developed and adopted in 2015 for the FLWC annexation area. A summary of the Plan for Services is included below. Current Conditions – Fiero Lane-Clarion Court Annexation Area. Fiero Lane and Clarion Court provide vehicular access to the area. These roads do not intersect; each is a cul-de-sac dead end. Fiero Lane access comes from Broad Street and Clarion Court is accessed via Santa Fe Road. At this time the Santa Fe Bridge facility is not intended to be annexed. No improvements to the bridge are identified with this action. Domestic water is delivered by the City via the water distribution system from Broad Street along Aero Vista Lane to the water holding tank near the center of the annexation area. Water is distributed from the tank via pressurized water lines installed with the original developments of the area. Wastewater is collected by both gravity and force main/lift stations and conveyed to a private treatment plant operated by the Fiero Lane Water Company at the end of Fiero Lane. Treated wastewater is disposed of in a leach field system to the immediate south (and outside) the annexation area. Emergency services are provided by the County, but these areas are also supported by the City under mutual aid agreements between the City and County. General government services are provided by the County. Storm water management, collection and disposal is handled by the private property owners under County-approved plans. Solid waste services are provided by the County via private contract with local waste and recycling providers. Post-Annexation Conditions – Fiero Lane-Clarion Court Annexation Area. Roadway rehabilitation and upgrades are planned to bring the roads, walkways and street signage up to City standards. Following annexation, the roads, curbs, gutters and sidewalks will be maintained by the City under the Pavement Management Plan. Water system upgrades for the annexation area will include some main line and hydrant replacements, water meter replacements, valving and backflow prevention will be installed. The current interim water service will become permanent under the annexation proposal. Conversion of the Fiero Lane-Clarion Court area to the City’s wastewater system will occur following City installation of a gravity collection line along Fiero Lane that will serve to collect wastewater from the location of the existing Fiero Lane Water Company wastewater plant (at the end of Fiero Lane cul-de-sac). This new City line would convey wastewater by gravity to an existing wastewater main line in Broad Street, and from there is conveyed to the City’s Water Resource Recovery Facility (WRRF). Until such time as this conversion occurs, the private FLWC treatment plant and disposal system will continue to operate as currently constituted. Much of the existing collection system within the annexation area along Clarion Court will remain a private collection and conveyance system, ultimately sending wastewater to the City’s new gravity main at Fiero Lane noted above. A new lift station in the vicinity of the FLWC wastewater plant is also planned. Following the connections of the various properties in the Fiero Lane-Clarion Court Annexation Area, the wastewater plant will be decommissioned at this Item 13 Packet Page 105 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 5 location. It is possible this plant would be moved to the East Airport Annexation Area to serve those users as noted earlier and briefly summarized below. Preferred Wastewater Alternative: The FLWC wastewater system will be converted to interconnect with a gravity collection line in Broad Street, and from there is conveyed to the City’s WRRF. The force main and lift station currently serving the area would be abandoned. The timing of this work is contingent on the decommissioning of the FLWC wastewater plant following the connections of the various properties in the Fiero Lane-Clarion Court Annexation Area. Interim Wastewater Alternative: If annexation of the East Airport Area is delayed, or improvements are not completed at the time of the FLWC wastewater plant decommissioning, it is possible this treatment plant would be moved to the East Airport Annexation Area to serve those users on an interim basis. The proposed parcel identified by FLWC is APN 076-512-028 (1275 Prospect) – this parcel is currently developed with existing FLWC facilities. In such a case, FLWC proposes that treated wastewater would be conveyed via the lift station and force main on the East Airport area to the existing disposal field currently serving the FLWC plant, west of Broad Street treated wastewater would be stored and disposed as recycled water in the East Airport Area. Recycled water supplies are also included in the Plan For Services, with extensions made by the applicants within the annexation area, to facilitate connection to this supply when it can be made available. Police and Fire emergency services would be provided by the City. It is expected the mutual aid agreements would remain between the City and County. General government services would be assumed by the City. Storm water management and solid waste services would continue as presently exist. At this time the tasks required under Phase 1 of the MOA have been completed and the properties are now prepared to submit the annexation request to the City and LAFCO, and implement the improvements identified in Phase 2. Previous environmental review for this Project included the 2005 Final EIR certified for the Airport Area and Margarita Area Specific Plans, a 2015 Addendum to this 2005 Final EIR, and the 2014 General Plan Land Use and Circulation Element Update (LUCE) EIR. These materials are relied on and incorporated herein for this analysis. Tiering off earlier environmental studies is allowed by CEQA, essentially further refining impact analysis and mitigation strategies as new or changed circumstances arise. It also allows previous work to be reaffirmed as adequate for the review of the next stage of a given project. 8. Other public agencies whose approval is required: San Luis Obispo County Local Agency Formation Commission (LAFCO) – interim services agreement and annexation (Responsible Agency), Air Pollution Control District, Regional Water Quality Control Board, County of San Luis Obispo (for re-located wastewater treatment package plant) Item 13 Packet Page 106 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 6 9.Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources code section 21080.3.1? If so, has consultation begun? Native American Tribes have been notified about the project consistent with City and State regulations. The Northern Chumash Tribal Council (February 8, 2019) has noted that the existence of development and infrastructure within the annexation area does not preclude the presence of cultural resources. 10.Minor Clarifications to this Initial Study. Within the 30-day public review period for the Initial Study/Mitigated Negative Declaration, the City received a review letter from the San Luis Obispo County Air Pollution Control District (APCD) (October 21, 2019). The APCD requested that proposed mitigation measures be expanded to include additional more effective requirements, which would further mitigate potential impacts resulting from the emission of diesel particulate matter and fugitive dust during construction (impacts that were identified in the publicly-circulated Initial Study/Mitigated Negative Declaration). No new impacts were identified by the APCD, and this Initial Study and associated Mitigation Monitoring and Reporting Plan incorporates the mitigation requested by the APCD. This Initial Study also includes additional clarifications regarding earlier analysis, which expand upon the discussion of the use of earlier documents, including the certified Final Environmental Impact Reports for the Land Use and Circulation Element (LUCE) and Airport Area Specific Plan (AASP). These clarifications are informational, and do not result in the identification of any new impacts. All additions and modifications to this Initial Study (refer to underlined text) provide additional minor clarifications and expanded discussion, all supporting the conclusions of the publicly- circulated Initial Study/Mitigated Negative Declaration. Therefore, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15073.5 recirculation of the Initial Study/Mitigated Negative Declaration is not required. Attachments 1.Resolution No. 10678, including 2015 Memorandum of Agreement (MOA) between City and Fiero Lane Water Company 2.Resolution No. 10994 approving the First Amendment providing for an extension to the 2015 MOA between City and Fiero Lane Water Company 3. Fiero Lane / Clarion Court “Plan For Services”, March 2016 Refer to Council Agenda Report Attachments Item 13 Packet Page 107 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population and Housing Agricultural Resources Hazards & Hazardous Materials Public Services X Air Quality Hydrology/Water Quality Recreation Biological Resources Land Use and Planning Transportation & Traffic X Cultural Resources Energy & Mineral Resources X Utilities and Service Systems Geology/Soils Noise X Tribal Cultural Resources Mandatory Findings of Significance FISH AND GAME FEES There is no evidence before the Department that the project will have any potential adverse effects on fish and wildlife resources or the habitat upon which the wildlife depends. As such, the project qualifies for a de minimis waiver with regards to the filing of Fish and Game Fees. X The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Game for review and comment. STATE CLEARINGHOUSE X This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). Item 13 Packet Page 108 Item 13 Packet Page 109 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 9 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance Item 13 Packet Page 110 CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2018 10 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 2,3,4, 5, 17 X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? 2,3,4, 5, 17 X c) Substantially degrade the existing visual character or quality of the site and its surroundings? 2,3,4, 5, 17 X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 2,3,4, 5, 17 X Evaluation Existing Visual Conditions. The Airport area is currently developed with a mix of light industrial and service manufacturing uses along with contractor and professional services. Views in the Airport area include the Santa Lucia Range, Islay Hill, and the hills located at the north end of the Margarita area that separate it from the city to the north. a) Based on Conservation and Open Space Element Figure 11: Scenic Roadways and Vistas, there are no designed Scenic Cones of View in or facing towards the proposed annexation area, although the section of Broad Street near the intersection with Fiero Lane, and a section of Tank Farm Road west of Santa Fe are designated as having high scenic value. The AASP notes that the Santa Lucia Mountains and foothills are important features in establishing the character of the Airport Area, and AASP Chapter 5 (Community Design) includes design guidelines and performance standards, which are in place to protect views and the area’s unique sense of place. The proposed annexation area is largely built-out and based on the presence of existing development and mature trees within and adjacent to the annexation area, views of surrounding hills and ridgelines are limited. The proposed Project would allow for future development, which would be consistent and compatible with the underlying and surrounding land use designations, based on compliance with the AASP and City standards. Implementation of the proposed Project, including proposed infrastructure improvements, would not significantly change the existing visual character of the project area, as the area is approximately 90 percent built-out with commercial, office, and light industrial uses, and the zoning designations under the AASP (Business Park, Service Commercial, and Manufacturing) allow or conditionally allow for similar uses. The AASP Final EIR analyzed impacts related to aesthetics as a result of development of the AASP area, including the Project site. The proposed Project supports implementation of goals and policies contained within the AASP and would be fully consistent with both the AASP and the analysis contained in the AASP Final EIR. Therefore, this impact is considered less than significant. b) The affected section of State Route 227 (Broad Street) is not designed a scenic route by the California Department of Transportation or the County of San Luis Obispo. As noted above, the City’s Conservation and Open Space Element identifies the section of Broad Street near the intersection with Fiero Lane, and a section of Tank Farm Road west of Santa Fe as having high scenic value. Implementation of the proposed Project would not result in the removal of any substantial trees, rock outcroppings, or buildings of historical significance, and future development would be subject to the adopted guidelines and performance standards identified in the AASP and the City’s Zoning Regulations and Community Design Guidelines. Therefore, there is a less than significant impact. c) The AASP Final EIR identified a significant and unavoidable impact (Impact LU-6: Change in Views) as a result of buildout of the AASP area and urbanization of the south end of the City. A Statement of Overriding Considerations was adopted upon certification of the AASP Final EIR and adoption of the AASP. As noted above, the proposed annexation area is currently urbanized and developed with commercial, office, and light industrial uses. Future development of the Project site would be visually compatible with the surrounding uses and would not significantly degrade the existing visual quality of the surrounding area, because it would be consistent with existing development, and subject to adopted AASP design guidelines and performance standards and the City’s Community Design Guidelines. The proposed site for the potentially- relocated package wastewater treatment facility is currently developed with FLWC facilities, and would not result in a significant visual change. Therefore, this is considered a less than significant impact. Item 13 Packet Page 111 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 11 d) Consistent with the analysis in the AASP Final EIR (Impact LU-7: Potential Increase in Daytime/Nighttime Light and Glare), future development within the proposed annexation area would contribute to an increase in light and glare from exterior lighting and materials. Pursuant to the AASP Final EIR and adopted AASP, future development shall comply with lighting guidelines and standards, consistent with AASP Final EIR Mitigation Measure LU-7.1 (Incorporate Lighting Design Standards into Margarita and Airport Area Specific Plans). In addition, future projects would comply with AASP guidelines that discourage reflective or shiny exterior finishes (see AASP Materials and Colors, Goal 5.14, Guideline C). Future projects would also be subject to Zoning Regulations Section 17.70.100 (Lighting and Night Sky Preservation), which requires shielding and other methods to minimize light intrusion. Compliance with existing AASP guidelines and the Zoning Regulations would ensure impacts related to light and glare would be less than significant. Conclusion: Less than significant impacts. The area is designated for business park and service-manufacturing uses under the AASP. Future development would be subject to AASP guidelines, City Community Design Guidelines, and performance measures and standards identified in the Zoning Regulations that address aesthetics, and based on the scope of the proposed annexation project, no additional mitigation measures beyond these identified requirements are necessary. 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 2,4,6, 7,13 X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 2,4,6, 7,13 X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? 2,4,6, 7,13 X Evaluation The FEIR for the AASP analyzed the potential impact of development in the AASP (including the proposed annexation). Consistent with the strategy of the General Plan, the specific plan aims to accommodate urban development inside the urban reserve line while protecting land outside the urban area for open space, agricultural, and rural uses. No agricultural zoning or lands under Williamson Act contract are present with the proposed annexation area. a-b-c) The Proposed Project does not affect any existing or future agricultural activities. The subject service and annexation area is not in agricultural use, is not located on lands considered prime agricultural soils, is in an area long designated for annexation and infill development. There is no agricultural zoning or Williamson Act Contract in effect, and no grazing on the subject site. Conclusion: No impact. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 2,4,5, 11,12 X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 2,4,5, 11,12 X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? 2,4,5, 11,12 X Item 13 Packet Page 112 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 12 d) Expose sensitive receptors to substantial pollutant concentrations? 2,4,5, 11,12 X e) Create objectionable odors affecting a substantial number of people? 2,4,5, 11,12 X Evaluation As discussed in the AASP FEIR, local climate conditions are generally characterized by warm, dry summers and cooler, rainy winters. The Edna Valley in which the Fiero Lane-Clarion Court annexation area is located is generally affected by offshore cooling conditions and airflow through the valley from Morro Bay to the north. These wind patterns change frequently, but prevailing conditions as described have a tendency to restrict dispersion of pollutants for a matter of days which has led to periodic higher ozone level readings. To address this, the City relies on Federal-State-County APCD quality standards and monitoring, as well as a robust Climate Action Plan adopted by the City. The Air Quality impacts and mitigation measures developed for the AASP and FEIR identified thresholds for ground disturbance (such as 1,950 cu/yds per day or 4.0 acres of grading or larger) that would trigger additional environmental review. No new private development is permitted by this annexation, and any future development post-annexation would be subject to the AASP and the City’s Municipal Code and Zoning Regulations, which stipulate required levels of review. Infrastructure improvements identified for the proposed annexation, including infrastructure conversions and connections to bring private users into the City’s utility system are located within previously disturbed street rights-of-way. To address these factors, several protocols have been imposed to address both short-term quality concerns (generally construction-oriented emission mitigations) as well as longer-term emission reduction targets that rely on site design, traffic management, alternative energy techniques and similar options to minimize overall air quality impacts. The annexation of the exiting developed Fiero Lane-Clarion Court area will not materially change these existing conditions. Future development proposed within the subject area would be required to address these requirements as individual projects are evaluated. a) Annexation of the existing developed Fiero Lane-Clarion Court area would occur as anticipated in the AASP, and will not materially change existing conditions. Infrastructure improvements would occur within developed roadways and utility corridors that currently serve urban development, and would not result in an expansion of urban areas beyond what was anticipated and analyzed in the AASP FEIR, which determined that implementation of the AASP would be consistent with the APCD’s 1998 Clean Air Plan. While the Clean Air Plan was updated in 2001, the proposed annexation and associated infrastructure improvements would be consistent with this plan because the Transportation and Land Use Control Measures recommended in the 1998 plan to reduce emissions were incorporated into the attainment strategy for the 2001 Clean Air Plan. In addition, the proposed annexation would not change the anticipated zoning and land use designations identified in the AASP for the subject area. Therefore, the proposed project is consistent with the adopted Clean Air Plan. b-c) Based on the APCD’s San Luis Obispo County Attainment Status table (APCD, 2019), San Luis Obispo County is in non-attainment with California standards for ozone and respirable particulate matter. Potential short-term impacts resulting from build-out of the AASP area (including the proposed annexation area) were determined to be less than significant based on implementation of APCD construction emission mitigations identified in the AASP FEIR (AASP FEIR: Impact AIR-1: Short-term Construction Impacts; Mitigation Measure AIR-1.1 Construction-related Combustion Emissions Mitigation; Mitigation Measure AIR-1.2 Construction-Related Fugitive Dust (PM10) Mitigation; Mitigation Measure AIR-1.3 Construction-Related Activity Management Techniques). Long-term operational emissions were determined to be less than significant (AASP FEIR: Impact AIR-2 Long-term Operation Emissions; Mitigation Measure AIR-2.1 Implement Growth- Phasing Schedule). Construction of infrastructure improvements would result in the short-term generation of air emissions, including ozone precursors, reactive organic gasses, and diesel and dust particulates. In addition, ground disturbing activities and improvements to utility infrastructure has the potential to result in exposure to naturally occurring and materials containing asbestos. Land uses in the affected area consist of commercial, office, manufacturing, and light industrial uses, none of which are considered sensitive uses as defined by the APCD’s CEQA Handbook. Infrastructure construction is subject to APCD mitigation measures, and compliance with these measures would reduce potential impacts to less than significant. Relocation of the existing wastewater treatment package plant would not result in additional operational emissions exceeding existing conditions. Based on updates to the APCD’s CEQA Air Quality Handbook in 2012 and 2017, current mitigation measures Item 13 Packet Page 113 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 13 applicable to the infrastructure improvements are identified below, and these measures are equal or more effective than the air quality measures previously-adopted in association with the AASP FEIR: Mitigation Measures AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities a geologic evaluation shall be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. More information on NOA can be found at http://www.slocleanair.org/business/asbestos.asp. AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. More information on Asbestos can be found at http://www.slocleanair.org/business/asbestos.php. AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative material within San Luis Obispo County. AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the ARB) or an Air District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive: power screens, conveyors, diesel engines, and/or crushers; portable generators and equipment with engines that are 50 hp or greater; internal combustion engines; unconfined abrasive blasting operations; concrete batch plants; rock and pavement crushing; tub grinders; and, trommel screens. AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are listed below: a. Maintain all construction equipment in proper tune according to manufacturer’s specifications; b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e. Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g. Diesel idling within 1,000 feet of sensitive receptors is not permitted; h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; i. Electrify equipment when feasible; j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; k. Signs that specify no idling areas must be posted and enforced at the site; and, l. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Item 13 Packet Page 114 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 14 AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated ozone precursor emissions from the actual fleet for a given construction phase are expected to exceed the APCD threshold of significance after the standard mitigation measures are factored into the estimation, then BACT needs to be implemented to further reduce these impacts. The BACT measures can include: a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines; b. Repowering equipment with the cleanest engines available; and c. Installing California Verified Diesel Emission Control Strategies. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4-acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions: a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control (contact the APCD for a list of potential dust suppressants); c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. g. Projects with grading areas greater than 4 acres or within 1,000 feet of any sensitive receptor shall implement the measures above, in addition to the following additional mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): 1) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; 2) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; 3) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; 4) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; 5) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code (CVC) Section 23114; 6) “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track-out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘track-out prevention device’ can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; 7) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible. d-e) The AASP FEIR did not identify any sensitive receptors in the subject annexation area nor did these documents find any objectional odors would occur as a result of the annexation of these lands into the City. Identified infrastructure Item 13 Packet Page 115 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 15 improvements do not include any actions that would generate objectionable odors. No new sensitive receptors are present within or adjacent to the subject area and future development would occur consistent with the adopted AASP. Therefore, potential impacts would be less than significant. Conclusion: Less than significant impact upon implementation of previously identified mitigation measures. Annexation of the subject area and service to existing uses will not result in changes in ambient air quality conditions in the vicinity. No new development is included as part of the contemplated service and annexation proposal, and implementation of infrastructure improvements is subject to previously- adopted identified mitigation measures noted above as AQ-1 through AQ-7 from the AASP FEIR, as updated based on the current effective APCD CEQA Air Quality Handbook. Future projects would be required to have independent CEQA review and requirements would be imposed as needed to comply with City and APCD Plans. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2,4,5, 6,13, 17 X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 2,4,5, 6,13, 17 X c) Have a substantial adverse effect on Federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marshes, vernal pools, etc.) through direct removal, filling, hydrological interruption, or other means? 2,4,5, 6,13, 17 X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? 2,4,5, 6,13, 17 X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 2,4,5, 6,13, 17 X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 2,4,5, 6,13, 17 X Evaluation The larger context Airport Area contains the following natural communities (Figure 3C-1 and Table 3C-2; AASP FEIR): non-native grasslands, including several large patches of valley needlegrass grassland; and a matrix of coyote brush scrub, open water, freshwater marsh and seasonal wetland, riparian woodland and scrub, agricultural fields, and developed and ruderal areas. The larger area analyzed in the FEIR comprised some 404 acres. The subject Fiero Lane-Clarion Court annexation area comprises a smaller subset of approximately 39 acres. Specific habitat types noted in the FEIR for this area included annual grasslands, riparian habitat along the northerly drainage course and ruderal disturbed areas. As noted in the FEIR, none of the smaller subset of subject properties represent a significant sensitive resource area. The annexation will trigger the installation of various road and utility upgrades and improvements to serve the annexation area with City services. These upgrades and improvements, all detailed in Initial Study Sources #8-9-10, are all located within areas of existing disturbance (largely developed public and private streets) such that no utility systems needed to serve the annexation area will require disturbance to established and mapped wetland resources, sensitive natural communities, grassland disturbance riparian habitats or special status species as noted in the AASP FEIR. The relocated wastewater Item 13 Packet Page 116 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 16 treatment package plant would be located within Tract 2368 (East Airport), a subdivision currently within the County of San Luis Obispo, on a site currently developed with existing FLWC facilities (1275 Prospect). Pursuant to the MND that was adopted by the County upon approval of Tract 2368, the proposed relocation site contains non-native grassland habitat, and the results of a botanical survey noted that no sensitive or special-status species are present. a) No modifications to established habitat areas would result from the annexation of the subject Fiero Lane-Clarion Court properties and/or the installation of needed infrastructure (as addressed in Utilities, Transportation or Public Services section noted below) to serve the annexation area. Therefore, potential impacts would be less than significant. Any future projects considered by the City in the subject area would be required to meet City policies and regulations, as well as comply with California Fish and Wildlife and/or US Fish and Wildlife Service standards. b-c) The northern extent of the proposed annexation area is bounded by an existing creek and associated riparian corridor. The parcels adjacent to the creek are currently developed, and future development will be subject to creek setback requirements identified in the AASP and City Zoning Regulations. No infrastructure improvements are identified within or proximate to this riparian corridor, and no removal, filling, hydrological interruptions or other direct impacts to local resources are proposed with the annexation and infrastructure improvements noted herein. Therefore, implementation of the annexation and associated infrastructure improvements (located within established parcels and roadways) would not directly affect any riparian habitat, wetland habitat, or natural communities identified in the AASP FEIR. Therefore, potential impacts would be less than significant. d) The proposed annexation area is largely developed, and does not provide upland habitat suitable for wildlife migratory corridors. The proposed annexation would not require any infrastructure improvements that would affect wildlife within the existing riparian corridor, and no tree removals or disturbance of natural habitats would occur. Therefore, potential impacts would be less than significant, and no mitigation measures are required. e) The AASP FEIR did not identify any significant or sensitive biological resources located within the subject annexation area. No tree removal or other potentially adverse modifications to the lands are proposed by the annexation. Therefore, potential impacts would be less than significant, and no mitigation measures are required. f) There are no adopted Habitat or Natural Community Conservation Plans that identify or address the subject area. Based on the land use category and zoning identified in the City’s General Plan and AASP (Business Park and Services & Manufacturing), and lack of sensitive habitat within areas proposed for infrastructure improvements consistent with the AASP, the Proposed Project would be consistent with the City’s Conservation and Open Space Element. Conclusion: Less than significant impact. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource? (See CEQA Guidelines 15064.5) 4,5,6, 13, 17 X b) Cause a substantial adverse change in the significance of an archaeological resource? (See CEQA Guidelines 15064.5) 4,5,6, 13,17 X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4,5,6, 13, 17 X d) Disturb any human remains, including those interred outside of formal cemeteries? 4,5,6, 13, 17 X Evaluation The AASP FEIR noted that at that time, multiple field surveys had been conducted within the larger Airport Area and with the exception of a historic building near Buckley Road, no cultural resources were noted in the area. The AASP and FEIR provide that any work conducted in areas where surveys have not been done shall include such surveys into their project planning and development. To the extent that road and utility installations occur within previously disturbed areas, it is unlikely that any potential significant impacts to resources may occur. As is the case with all public works projects, in the Item 13 Packet Page 117 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 17 event of unforeseen encounter of materials suspected to be of cultural significance, established protocols include suspending work pending more detailed review and consultation over such finds/findings. Native American Tribes have been notified about the project consistent with City and State regulations. The Northern Chumash Tribal Council (February 8, 2019) has noted that the existence of development and infrastructure within the annexation area does not preclude the presence of cultural resources. No evidence has been provided that would suggest any known resources are located within the subject annexation area. a, b, c, d) Based on the certified AASP FEIR, no cultural resources were documented within the subject area. Based on the adopted MND for Tract 2368, no cultural resources were documented within the parcel proposed for the potentially-relocated wastewater treatment package plant. In addition, pursuant to the adopted MND for Tract 2368, relocation of the plant within this area is subject to the following mitigation measure: Mitigation Measure CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are unearthed or discovered during any construction activities, the following standards apply: a. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law, and in consultation with local Native American tribal organizations. b. In the event archaeological resources are found to include human remains, or in any other case where human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department and Environmental Coordinator so that proper disposition may be accomplished. Infrastructure improvements would occur within existing roadways and utility corridors. In the unlikely event of resource discovery, City of San Luis Obispo Archaeological Resource Preservation Program Guidelines Section 4.60.1 requires that all construction activities that may disrupt those materials shall cease and the Community Development Director shall be notified immediately of the discovery of archaeological materials. Based on the results of cultural resource studies within the subject area, location of infrastructure improvements, and compliance with adopted Guidelines in place to protect cultural resources upon inadvertent and unlikely discovery, potential impacts would be less than significant. Conclusion: Less than significant impact upon implementation of previously identified mitigation measures. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including risk of loss, injury or death involving: I. Rupture of a known earthquake fault, as delineated in the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2,4,5, 13 X II. Strong seismic ground shaking? 5,13 X III. Seismic-related ground failure, including liquefaction? 5,13 X IV. Landslides or mudflows? 5,13 X b) Result in substantial soil erosion or the loss of topsoil? 5,13 X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslides, lateral spreading, subsidence, liquefaction, or collapse? 2,4,5, 13 X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 2,4,5, 13 X e) Have soils incapable of adequately supporting the use of septic 2,4,5, X Item 13 Packet Page 118 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 18 tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 13 Evaluation: San Luis Obispo lies within the southern Coast Range Geomorphic Provence, between the Central California Valley and Pacific Ocean. Rock types in the San Luis Obispo area are mainly comprised of volcanic, metavolcanics, and melanges of serpentinite and graywacke sandstone. These rocks are highly fractured and are part of the Mesozoic aged Franciscan Formation. The predominant northwest-southeast trending structures of the Coast Range Province are related to the San Andreas Fault Transform Boundary. According to the Geologic Map of California, San Luis Obispo Sheet published by the California Division of Mines and Geology (CDMG) in 1978, the site vicinity is underlain by the Franciscan Formation and Tertiary intrusive rocks. The nearest fault mapped in the site vicinity by Jennings (1994) is the Edna Fault, which is actually a fault zone that lies approximately 1-2 miles to the northwest of the project site. This fault zone generally trends along the northern flank of the Irish Hills. Previous analysis under the AASP and General Plan has noted that for the general conditions in the subject area, individual geologic studies are required to consider any proposed development projects. These studies have not identified specific areas within the AASP that would be prohibited from development due to geologic conditions or significant adverse conditions. Detailed geologic analysis specific to any proposed site or development would be provided consistent with city regulations to identify potential impacts and mitigation measures accordingly. a) The subject annexation property has not been identified to be subject to significant seismic constraints in the AASP FEIR. Based on this, no significant impacts related to seismic activity, landslides, or mudflow would occur during implementation of infrastructure improvements, and future analysis for project specific development will be conducted to analyze such potential impacts as appropriate with new development, as required by the California Building Code. b-c-d-e) The action of annexation will not result in physical impacts on the environment, with the exception of infrastructure improvements. Based on the location of infrastructure improvements, which would occur in areas with existing roads and utility corridors, and compliance with erosion and stormwater control measures as dictated by the City’s Municipal Code and Standard Specifications and Engineering Standards (May 2018), potential impacts related to soil erosion, expansive soils, or unstable geologic soils conditions would be less than significant. No septic tanks are proposed as part of the annexation area, as existing and future development would connect to City sewer infrastructure. Conclusion: Less than significant Impact 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 11,12 X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 2,3,4, 11,12 X Evaluation In response to an increase in man-made greenhouse gas (GHG) concentrations over the past 150 years, California has implemented legislation to reduce statewide emissions. Assembly Bill 32 (AB 32) codifies the Statewide goal of reducing emissions to 1990 levels by 2020 (essentially a 15% reduction below 2005 emission levels) and the adoption of regulations to require reporting and verification of statewide GHG emissions. Senate Bill 32 (SB 32) extends AB 32, requiring the State to further reduce GHGs to 40 percent below 1990 levels by 2030. On December 14, 2017, the California Air Resources Board (ARB) adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 statewide target set by SB 32. The 2017 Scoping Plan does not provide project-level thresholds for land use development. Instead, it recommends that local governments adopt policies and locally-appropriate quantitative thresholds consistent with a statewide per capita goal of six metric tons (MT) CO2e by 2030 and two MT CO2e by 2050 (ARB 2017). As stated in the 2017 Scoping Plan, these goals may be appropriate for plan-level analyses (city, county, sub-regional, or regional level), but not for specific individual projects because they include all emissions sectors in the State. Item 13 Packet Page 119 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 19 The vast majority of individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a project can contribute incrementally to cumulative effects that are significant, even if individual changes resulting from a project are limited. The issue of climate change typically involves an analysis of whether a project’s contribution towards an impact would be cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects (CEQA Guidelines, Section 15064[h][1]). a, b) The action of annexation would not result in the generation of greenhouse gas emissions. Continued interim service by the City to existing uses in the County, and the annexation of those existing uses, do not result in changes to air emissions conditions in the area. Construction-related emissions would occur during the implementation of infrastructure improvements; however, these emissions would be short-term, and based on the limited scope of the action, would not have a significant impact on the environment or impair the achievement of greenhouse gas reductions by 2050. Furthermore, compliance with mitigation measures identified in Section 3 (Air Quality) would reduce the project’s contribution to air emissions during construction of infrastructure improvements. Conclusion: Less than significant impact 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2,4,5, 13 X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 2,4,5, 13 X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 2,4,5, 13 X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, it would create a significant hazard to the public or the environment? 2,4,5, 13, 15, 16, 17 X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 2,4,5, 13 X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 2,4,5, 13 X g) Impair implementation of, or physically interfere with, the adopted emergency response plan or emergency evacuation plan? 2,4,5, 13 X h) Expose people or structures to a significant risk of loss, injury, or death, involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents are intermixed with wildlands? 2,4,5, 13 X Evaluation The subject annexation area and area to be affected by infrastructure improvements are located on the eastern edge of the San Luis Obispo County Regional Airport, on the west side of Broad Street (State Route 227). Previous studies conducted for the AASP FEIR and LUCE Update FEIR acknowledge significant contamination of soils within the Airport Area as a result of Item 13 Packet Page 120 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 20 the Unocal Tank Farm lightning strike and fire, almost 90 years ago (1926). Ongoing remediation efforts and planning have been actively underway since the late 1980’s along Tank Farm Road. The subject annexation area does not fall within the documented contaminated areas from these prior studies. Based on review of the GeoTracker and Envirostor databases, there are no hazardous waste sites within the annexation area. The project site is located within the boundaries of the AASP, which was reviewed and approved by the Airport Land Use Commission. The annexation area is located within Airport Safety Zones S-1b and S-1-c. Following annexation, future development would be subject to development limitations and standards identified in the AASP and Zoning Regulations Chapter 17.64 (Airport [AOZ] Overlay Zone), which are required to ensure compatibility with existing and future airport operations, and to prohibit the establishment of incompatible uses and further expansion of incompatible uses what could detrimentally affect long-term economic viability of the airport, and to avoid or minimize exposure of persons to potential hazards associated with current and future airport operations. a, b) The proposed annexation will not create a hazard to the public as there will be no transport, use or disposal of hazardous chemicals permitted by the annexation action. Implementation of infrastructure improvements would consist of standard construction practices and would not involve the use or storage of large quantities of hazardous materials. Small quantities of potentially hazardous materials such as fuels, lubricants, and solvents would be used during construction of the project. California Health and Safety Code, Division 20, Chapter 6.5, and California Code of Regulations Title 22 – Hazardous Waste Management states that waste that is toxic, corrosive, flammable, or reactive when tested in accordance with the California Code of Regulations, Title 22, Article 11, Section 66693, must be handled, stored, transported, and disposed of in accordance with these regulations, which are more stringent than federal regulations. The transport of materials during the construction of the project could pose a threat to residents and people in the area. An accident involving such trucks could potentially expose nearby people to health hazards. However, U.S. EPA and U.S. Department of Transportation laws and regulations have been promulgated to track and manage the safe interstate transportation of hazardous materials and waste. U.S. EPA administers permitting, tracking, reporting, and operations requirements established by the Resource Conservation and Recovery Act (RCRA). U.S. Department of Transportation regulates the transportation of hazardous materials through implementation of the Hazardous Materials Transportation Act. This act administers container design, labelling, and driver training requirements. State and local agencies enforce the application of these acts and provide coordination of safety and mitigation responses in the case that accidents involving hazardous materials occur. Enforcement of these regulations and rapid response by local agencies would ensure that hazards to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment are less than significant. In addition, the project would be required to adhere to all federal, state, and local regulations, as well as the policies in the City of San Luis Obispo Safety Element, which discuss safety and reducing the risks of hazardous material exposure. Program 9.6 of the City’s Safety Element states that the City shall ensure that transportation of hazardous materials follows Caltrans- approved routes, and that all necessary safety precautions are taken to prevent hazardous material spills. Therefore, based on the limited scope and location of the infrastructure improvements and compliance with existing regulations, potential impacts would be less than significant. c) No hazardous emissions would be permitted by the annexation and there is not a school located within ½ mile of the annexation area or location of infrastructure improvements. Therefore, potential impacts would be less than significant. d) The subject annexation and infrastructure improvement areas are not located on a designated hazardous site nor listed to include materials that would represent a significant hazard to the public. Therefore, potential impacts would be less than significant. e) The property is located near the Regional Airport but the continued operation of existing uses, and any proposals for new uses following annexation, must be consistent with City General Plan, Zoning Regulations, and AASP (which was reviewed and approved by the Airport Land Use Commission). Application of those standards will prevent development within the subject annexation area from becoming a hazard to airport operations. Implementation of infrastructure improvements would not result in the creation of any features or involve any activities that would result in a hazard related to air traffic. Therefore, potential impacts would be less than significant. f) The property is not located near a private airstrip; therefore, potential impacts would be less than significant. Item 13 Packet Page 121 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 21 g) The subject annexation area will be subject to San Luis Obispo city emergency response and evacuation plans. Annexation of this area and implementation of infrastructure improvements will not impair the ability of the city to implement its designated plans and exercise its public safety responsibilities in the area. Therefore, potential impacts would be less than significant. h) The subject annexation area and areas identified for infrastructure improvements are located within a low fire hazard area, as identified on the City’s Safety Element Wildland Fire Hazard Map, and the area consists of a largely developed industrial area, which does not contain wildland fuels that could expose persons to significant risk from wildland fires. Therefore, potential impacts would be less than significant. Conclusion: Less than significant impact. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? 2,4,5, 6,13 X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. The production rate of pre-existing nearby wells would drop to a level which would not support existing land uses for which permits have been granted)? 2,4,5, 6,13 X c) Substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation onsite or offsite? 2,4,5, 6,13 X d) Substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial flooding onsite or offsite? 2,4,5, 6,13 X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 2,4,5, 6,13 X f) Otherwise substantially degrade water quality? 2,4,5, 6,13 X g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 2,4,5, 6,13, 14 X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? 2,4,5, 6,13, 14 X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 2,4,5, 6,13 X j) Inundation by seiche, tsunami, or mudflow? 2,4,5, 6,13 X Evaluation The principal drainage for the Airport Area is the East Branch San Luis Obispo Creek, which joins San Luis Obispo Creek southwest of the project area. Drainage from the Airport area is collected into Tank Farm Creek and the East Branch San Luis Obispo Creek. Drainage travels through the area on a generally southwesterly course until the East Branch San Luis Obispo Creek joins San Luis Obispo Creek. a, f) As analyzed in the AASP FEIR, potential impacts related to stormwater and water quality concerns are addressed by imposing established permit activity requirements, such as the State Water Board’s National Pollutant Discharge Elimination System (NPDES) construction activity stormwater permit and best management practices (BMPs). The AASP and City Item 13 Packet Page 122 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 22 requirements (including the Municipal Code and City Engineering Standards), impose these analyses and permitting requirements before allowing projects to proceed. Such analysis would be undertaken as required by the AASP for any future development project within the subject annexation area. As the annexation action does not include physical development beyond infrastructure improvements, and construction activities associated with infrastructure improvements would be subject to existing erosion control and water quality regulations, potential impacts would be less than significant and no mitigation is required. b) The subject annexation does not include groundwater extraction. The area is presently being served by the City’s municipal water system. Therefore, potential impacts would be less than significant. c-d) No alterations of drainage patterns are permitted or proposed by the subject annexation and infrastructure improvements. Therefore, potential impacts would be less than significant. e) The proposed annexation is subject to a 2015 Memorandum of Agreement (MOA) and 2019 First Amendment to said MOA to provide interim services and future annexation to a largely developed business and industrial area in the County, at Fiero Lane and Clarion Court. Annexation of those existing uses do not result in changes to drainage patterns or storm runoff conditions in the area. Potential impacts would be anticipated to include impervious surfaces and surface water pollution, and the potential to reorient water courses in the Plan area. Provisions from the 2015-2019 MOA Concerning Storm Drainage Infrastructure include the following: The existing storm drain within the existing County right-of-way is owned and maintained by the County. The Fiero Lane Water Company (Company) shall coordinate with the County to arrange for the inspection and cleaning of the storm drain system. In the event the County is unwilling to perform the work prior to annexation, the City and Company shall work cooperatively to arrange for an alternative means of cleaning with concurrence and permission from the County. With these provisions included in the Project Description, storm water conditions will be adequately addressed and can be found to comply with City infrastructure standards at the time of annexation. The proposed annexation and infrastructure improvements would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff because no new impervious surfaces would be created. Therefore, potential impacts would be less than significant. g-h-i) The northwest corner of the proposed annexation area near Santa Fe Road is located within Flood Zone A. Pursuant to the Federal Emergency Management Agency, Flood Zone A is identified for areas subject to inundation by the one-percent- annual-chance flood event, and no Base Flood Elevations (BFEs) or flood depths are identified. Mandatory flood insurance purchase requirements and floodplain management standards apply to properties within this zone. No housing is proposed within the annexation area and no improvements are proposed that would block or impede floodwaters. Any future development within the annexation area, and within the flood zone, would be subject to Zoning Regulations Chapter 17.78 Flood Damage Prevention, which is in place to: promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately-owned land within flood-prone, mudslide (i.e., mudflow), and/or flood-related erosion areas. Therefore, potential impacts would be less than significant. j) The subject site is not identified by the AASP FEIR to be subject to seiche, tsunami or mudflows; therefore, potential impacts would be less than significant. Conclusion: Less than significant impact 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 2,4 X b) Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? 2,4 X c) Conflict with any applicable habitat conservation plan or natural community conservation plans? 2,4 X Item 13 Packet Page 123 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 23 Evaluation The area is designated for business park and service-manufacturing uses under the General Plan and AASP. Annexation of the project area was anticipated in the AASP, which identified pre-zoning for the site (Business Park, Manufacturing, Service Commercial) at the time the AASP was adopted. a) The subject annexation area is located within a larger developed area of southern San Luis Obispo. The properties comprising Fiero-Clarion are approximately 90% developed at this time. The subject area is a continuation of development surrounding the general vicinity and the annexation of the site would bring it officially into the San Luis Obispo community without modifying any of the current land uses of the area. The annexation will not physically divide this established community, as it is currently included in the AASP and associated long-term planning maps for the area. Therefore, no impact would occur. b) As noted in the AASP FEIR, the subject annexation is consistent with City policies established under the General Plan and AASP and complies with the San Luis Obispo County Airport Land Use Plan (ALUP). No changes to pre-zoning or land use categories are proposed. The proposed annexation is consistent with applicable land use planning documents for the area. Therefore, potential impacts would be less than significant. c) As noted in Section 4 (Biological Resources) there are no Habitat or Natural Community Conservation Plans applicable to the subject property. Conclusion: Less than significant impact. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2,4 X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 2,4 X Evaluation The properties subject to the annexation are located in an urbanized area. There are no known mineral resources in the area, and there has not been any mining or mineral extraction uses of the subject properties. a, b) Based on the location of the proposed annexation and infrastructure improvements, no impact to mineral resources would occur. Conclusion: No impact. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2,4,5, 13 X b) Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? 2,4,5, 13 X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 2,4,5, 13 X d) A substantial temporary, periodic, or permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 2,4,5, 13 X Item 13 Packet Page 124 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 24 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 2,4,5, 13 X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 2,4,5, 13 X Evaluation Noise-sensitive land uses are those land uses that can be adversely affected by elevated or increased noise levels. Sensitive land uses generally include residences, schools, libraries, nursing homes, and churches. The primary sources of noise within the subject area include traffic on major roadways and highways, and aircraft operating in and out of the County Airport. Stationary noise sources include the day-to-day activities associated with the existing land uses in the planning area. The subject annexation area is designated for service and manufacturing uses under the General Plan and AASP. Potentially sensitive receptors include existing offices in the area. Noise generation occurs most significantly from roadway traffic on Broad Street (State Route 227). Noise from nearby airport operations occurs on an intermittent basis. Increases in traffic or airport operations will cause incremental increases in background ambient noise levels. As indicated in Table 3F-3 of the AASP FEIR, properties within 100 feet of Broad Street (State Route 227) are predicted to be exposed to traffic noise levels that exceed the planning standard of 60 dBA-Ldn. More current noise contour modeling conducted for the LUCE Update EIR show that upon City buildout, the noise level 50 feet from the roadway centerline would be 71 decibels. Other sources of transportation-related noise include Tank Farm Road and Santa Fe Road. The proposed annexation area is located approximately 600-700 feet south of Tank Farm Road, and the western edge of the annexation area is bound by Santa Fe Road. As indicated in AASP FEIR Table 3F-3, properties within 100 feet of Santa Fe Road are predicted to be exposed to traffic noise levels ranging from 56 to 66 Ldn within 100 feet of the roadway. a, b, c, d) The LUCE Update FEIR models a noise level of approximately 71 dB within 50 feet of the Broad Street centerline (transportation-related noise). As documented in the LUCE Update EIR Background Report and County Airport Land Use Plan, the annexation area is located with the 55 and 60 dB noise contours. The AASP FEIR identified potential impacts due to exposure to traffic noise (Impact N-1: Exposure of Land Uses to Traffic Noise in Excess of the Standards for Exterior Noise Exposure specified in Table 3F-1; Impact N-2: Increase in Permanent or Temporary Ambient Noise Levels as Indicated in Table 3F-3, Substantial Increases in Noise Would Occur Along Some Roadways) and aircraft noise (Impact N-3: Exposure of Residential Uses to Aircraft Noise). The AASP FEIR determined that implementation of mitigation measures identified in the City’s Noise Element would mitigate impacts related to noise exposure to less than significant. While the annexation action does not permit or approve future development, discretionary review of future projects would occur, and would be subject to the requirements of the City’s Municipal Code, including Chapter 17.74 (Zoning Regulations, Airport Overlay Zone, Noise) and Chapter 9.12 (Noise Control), consistent with the AASP FEIR. Implementation and construction of identified infrastructure improvements would be short-term, and limited to areas within existing roadways and utility corridors. Implementation of the project would not result in any long-term increase in noise. Therefore, potential impacts would be less than significant. e) Existing background noise conditions include instantaneous increases from airport operations. The County’s ALUP, AASP, and AASP FEIR recognize the need to minimize noise generation, while balancing the viability of the airport with local land uses. On-going operations at the County airport consistent with present regulations will continue to minimize conflicts between nearby and adjoining uses. Increases in noise levels as analyzed by the AASP FEIR did not find these conditions to be adverse and unavoidable. Instead the AASP FEIR acknowledged various building and site planning techniques, along with land use restrictions, that have been incorporated into the AASP. While the proposed action does not include development of land uses, future development would be subject to standards identified in the City’s Noise Element and Municipal Code, which regulate noise exposure. Therefore, potential impacts would be less than significant. f) The subject site is not located in the vicinity of a private airstrip; therefore, impacts would be less than significant. Item 13 Packet Page 125 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 25 Conclusion: Less than significant Impact 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example by proposing new homes or businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2,4,5, 13 X b) Displace substantial numbers of existing housing or people necessitating the construction of replacement housing elsewhere? 2,4,5, 13 X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 2,4,5, 13 X Evaluation The AASP and City General Plan designate the subject annexation area for light industrial, commercial and manufacturing uses. These uses would not include residential occupancies of the area. These designations preclude new residential growth, or displacement of existing housing, within the subject annexation area. a-c) The proposed annexation will not result in new residential development or the relocation of existing housing within the annexation area. Only new uses consistent with the AASP and General Plan would be permitted. Conclusion: Less than significant impact. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision, or need, of new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Fire protection? 4,5,10 X b) Police protection? 4,5,10 X c) Schools? 4,5,10 X d) Parks? 4,5,10 X e) Roads and other transportation infrastructure? 4,5,10 X f) Other public facilities? 4,5,10 X Evaluation The project area is currently served by the County Sheriff and County Fire/California Department of Forestry (CDF). There is also a mutual aid agreement between the County and City for fire service response. The project area is within the San Luis Coastal School District. The annexation is being processed pursuant to a 2015 Memorandum of Agreement (MOA) and 2019 First Amendment to said MOA to provide interim services and annexation to a developed business and industrial area in the County, at Fiero Lane and Clarion Court. Continued interim service by the City to existing uses in the County, and the future annexation of those existing uses, are subject to the March 2016 “Plan For Services” for the Fiero Land-Clarion Court Annexation Area (Source 10). a) Fire protection for the subject annexation area would be provided by the nearest staffed City Station #1 located at 2160 Santa Barbara Avenue and the County Fire/CDF Station #21 at the airport runway. Response times are considered four minutes or less, based on LUCE EIR Figure 4.13-1 (Fire Department Four-Minute Response Times). The AASP provides that the City will consider increases to staffing subject to budgetary analysis and overall city needs. The AASP notes that interim improvements may be provided at the Chevron and Avila Ranch development areas until permanent facilities are available. The City has completed the creation of a Community Facilities District (CFD) in association with the Avila Ranch development project (also located within the AASP) to facilitate funding for a new interim fire station in the area. The AASP Item 13 Packet Page 126 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 26 FEIR, AASP, and the proposed Plan for Services for this proposed annexation address fire service needs for this area of the city. Therefore, implementation of the proposed annexation would not result in a significant impact to fire services, such that construction of a new facility would be required. b) The City Police Department currently provides mutual aid response to the AASP. Similar to fire services, police services will undergo consideration for increases as annexation of the subject property is completed as noted in the AASP FEIR and Plan for Services. Additional personnel and equipment will be considered under standard budgetary programs. The AASP FEIR, AASP, and the proposed Plan for Services for this proposed annexation address police service needs for this area of the City. Therefore, implementation of the proposed annexation would not result in a significant impact to police services, such that a new police facility would be required. c, d) As the proposed project consists of the annexation of existing commercial and industrial businesses into the City, and the employees of these businesses are currently served by existing schools and parks, and the proposed annexation area is approximately 90 percent built-out, potential impacts to schools and parks would be less than significant. e) Provisions from the 2015-2019 MOA concerning street infrastructure include: 1. The Fiero Lane Water Company (COMPANY) will construct improvements and upgrades to Fiero Lane so as to bring the street infrastructure into a " state of good repair". For purposes of this requirement, the definition of state of good repair includes: a. Upgrading traffic control signs and markings to meet current federal, State and City standards; b. Upgrade street crossings to meet Federal and City ADA ramp and crossing standards; c. Perform pavement maintenance as needed to meet City minimum pavement condition index requirements; d. Remove and replace any damaged sections of sidewalk. 2. It is the intent of the agreement that Old Santa Fe Road south of the City/County boundary line, located immediately south of the Santa Fe Bridge, will remain under County jurisdiction after annexation of properties on Clarion Court. If as part of the LAFCO process, the City is required to take all, or part, of Old Santa Fe Road under City jurisdiction, the following requirements shall be required: a. The COMPANY will construct improvements and upgrades to Old Santa Fe Road, that is to be annexed to the City, so as to bring the street infrastructure into a "state of good repair". For purposes of this requirement, the definition of state of good repair includes: b. Upgrading traffic control signs and markings to meet current federal, State and City standards; and c. Upgrade street crossings at Clarion Court and the mini storage property to meet Federal and City ADA ramp and crossing standards d. Perform pavement maintenance as needed to meet City minimum pavement condition index requirements. The limits of required improvements begin at the south side of the existing bridge across the East Fork of San Luis Creek and terminate at the cul-de-sac fronting the mini storage property. No improvements to the bridge are proposed. With these provisions included in the Project Description, transportation and street infrastructure conditions will be adequately addressed and can be found to comply with City infrastructure standards at the time of annexation. As such, no physical impacts are attributed to the time needed for infrastructure installations, fee payments and annexation as contemplated in the annexation of lands subject to the MOA. f) Other public services, such as transit, solid waste and recycling and general city administrative services are not considered to be significantly impacted by the addition of the subject annexation area, based on the Project’s consistency with the AASP and General Plan. Conclusion: Less than significant impact. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or 2,4 X Item 13 Packet Page 127 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 27 other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 2,4 X Evaluation a, b) The annexation of the project area and existing uses would result in less than significant impacts from new or increased residential demands for added parks and recreation services because there are no residential zones within the proposed annexation area. As noted in Section 14 there will be no significant demands for school or parks and recreation services based on annexation of the subject properties. The annexation of existing land uses, and implementation of infrastructure improvements would not result in impacts from new or increased residential demands for added parks and recreation services. Therefore, potential impacts would be less than significant. Conclusion: Less than significant impact 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 2,3,4, 5,10, 13 X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 2,3,4, 5,10, 13 X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 2,3,4, 5,10, 13 X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 2,3,4, 5,10, 13 X e) Result in inadequate emergency access? 2,3,4, 5,10 X g) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 2,3,4, 5,10, 13 X Evaluation The LUCE EIR evaluated potential impacts of build-out, including build-out of adopted Specific Plans. The Transportation section of the LUCE EIR states that: “Cumulative buildout of the proposed LUCE Update includes buildout of areas within existing city boundaries, as well as buildout of the identified expansion areas and within the sphere of influence. The increased development results in increased traffic, biking, walking, and transit usage throughout the city. By its nature, the LUCE Update considers cumulative development within the city and potential expansion areas." Future development within the annexation area would be subject to the adopted Circulation Element, the AASP, and transportation impact fees. The proposed annexation area is access via Broad Street (State Route 227), Tank Farm Road, and Santa Fe Road. Continued interim service by the City to existing uses in the County, and the future annexation of those existing uses, do not result in Item 13 Packet Page 128 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 28 changes to traffic generation and circulation conditions in the area that were not previously considered in the AASP Final EIR and EIR Addendum, the City’s LUCE updates in 2014, and as contemplated by the 2015 MOA concerning traffic mitigations and impact fees. Payment of these fees by new development, coupled with contributions negotiated under the MOA, will address cumulative traffic impacts. The Airport and Margarita Specific Plan Areas were considered under a unified Program EIR. This EIR analyzed traffic conditions on a regional basis, not distinguishing the planning areas from one another. For the purposes of impacts and mitigation measures, this analysis drove the preparation of the Specific Plan Transportation sections, each dealing with improvements that could be implemented on both a localized scale and in a regional context for citywide mitigation programs. The AASP and Plan for Services address a series of projects to be completed as part of the annexation process. These improvements primarily include pavement upgrades and bringing the roadway infrastructure for the annexation area up to city standards. These improvements are noted as traffic control and striping, accessibility ramps and walks, pavement maintenance and improvement to Old Santa Fe Road in the area. With these improvements the project will address its needs as a part of the annexation process outlined in the MOA. Section 14, above, of this Initial Study includes additional details regarding transportation infrastructure included in the Proposed Project. a-b) The proposed annexation area is approximately 90 percent built-out, and generates traffic on existing road and highway infrastructure under existing conditions. Future development would be subject to transportation impact fee programs. Transportation improvements provided under the MOA and PFS include upgrading street signs, striping, sidewalk repairs, handicapped access features and curb painting reflect city standards. The annexation area does not include street lighting that would conflict with City Lighting and Night Sky Preservation standards identified Zoning Regulations Chapter 17.70.100. For possible safety considerations, streetlights at the main entry streets of Fiero and Clarion are under consideration as part of the improvements plan preparation. This will be subject to AASP lighting standards (Goal 5.18, Standards 5.18.1 through 5.18.7), which include provisions for maximum height (30 feet on Broad Street, 20 feet on other streets). The proposed annexation will not conflict with City Circulation Element policies, nor be contrary to established transportation management, public transit and roadway improvement policies of the city. c) The subject site is approximately 90 percent built-out, and will not require new public roads to access the subject properties. The annexation of the subject property does not include changes in traffic patterns for vehicles or aircraft. Therefore, potential impacts would be less than significant. d) No changes in design of existing roadways are required by the proposed annexation; therefore, potential impacts would be less than significant. e) The subject site is approximately 90 percent built-out and will not require new access to provide for emergency response. Therefore, potential impacts would be less than significant. f) Existing public transit services and bicycle/pedestrian ways will not be changed. Increased improvements to sidewalks, handicapped accessibility and similar facilities are anticipated as part of the final annexation improvement plan. The proposed annexation will not conflict with established public transit, bicycle or pedestrian facilities or policies and regulations governing same. Conclusion: Less than significant impact. 17. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or 2,4, 17 X b) A resource determined by the lead agency, in its discretion and 2,4, Item 13 Packet Page 129 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 29 supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 17 X Evaluation On December 21, 2018, local Native American tribal groups were formally noticed that an Initial Study of Environmental Impact was being completed for the proposed project and invited to provide consultation on the proposed project. The Northern Chumash Tribal Council engaged in a tribal consultation meeting on February 8, 2019 and noted that the existence of development and infrastructure within the annexation area does not preclude the presence of cultural resources. a, b) Based on the certified AASP FEIR and tribal consultation, no historical resources or tribal cultural resources have been identified within the subject area. Based on the adopted MND for Tract 2368, no cultural resources were documented within the parcel proposed for the relocated wastewater treatment package plant. In addition, pursuant to the adopted MND for Tract 2368, relocation of the plant within this area is subject to the following mitigation measure: Mitigation Measure CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are unearthed or discovered during any construction activities, the following standards apply: c. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law, and in consultation with local Native American tribal organizations. d. In the event archaeological resources are found to include human remains, or in any other case where human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department and Environmental Coordinator so that proper disposition may be accomplished. Infrastructure improvements would occur within existing roadways and utility corridors. In the unlikely event of resource discovery, City of San Luis Obispo Archaeological Resource Preservation Program Guidelines Section 4.60.1 requires that all construction activities that may disrupt those materials shall cease and the Community Development Director shall be notified immediately of the discovery of archaeological materials. Based on the results of cultural resource studies within the subject area, location of infrastructure improvements, and compliance with adopted Guidelines in place to protect cultural resources upon inadvertent and unlikely discovery, potential impacts would be less than significant. Conclusion: Less than significant impact upon implementation of identified mitigation measures. 18. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2,4,10 X b) Require or result in the construction or expansion of new water treatment, waste water treatment, water quality control, or storm drainage facilities, the construction of which could cause significant environmental effects? 2,4, 10,17 X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 2,4,10 X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded water resources needed? 2,4, 10,18, 19 X Item 13 Packet Page 130 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 30 e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitment? 2,4,10 X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 2,4,10 X g) Comply with federal, state, and local statutes and regulations related to solid waste? 2,4,10 X Evaluation The LUCE EIR evaluated potential impacts of build-out, including build-out of adopted Specific Plans. The City’s General Plan addresses build-out of the City, including annexation areas (and including the subject site). The City’s General Plan and 2018 Water and Wastewater Element conclude that there is adequate water supply to serve build-out of the General Plan (including the subject annexation area). The proposed annexation area is currently served by the Fiero Lane Water company, groundwater wells, collection system, and a community wastewater treatment plan. The proposed project involving annexation of the subject properties would require the service of water, wastewater and recycled water for irrigation. The 2015 AASP FEIR Addendum updated and analyzed resource availability and service demands for the EACP / S-G annexation area and found the City’s capacity for services to the area can support the annexation. Continued interim service by the City to existing uses in the County, and the future annexation of those existing uses, are subject to the March 2016 “Plan For Services” for the Fiero Land-Clarion Court Annexation Area (Source 10). Provisions from the 2015-2019 MOA Concerning Potable Water: 1. Record easements for CITY facilities on private property. 2. Pressure and leak test existing water mains that will become CITY facilities (Fiero Lane only). 3. Public and private water mains shall be sized to meet fire flow requirements. 4. Decommission and dismantle of groundwater collection, treatment, and pumping facilities. 5. Replace fire hydrants with CITY standard hydrants. 6. Replace all water meters. Meters shall be properly sized, accurate and meet City standards. 7. Water Services shall be upgraded to current City standard. 8. Backflow preventers shall be installed where recommended by County Cross Connection Inspector. 9. Isolation valves shall be installed. Provisions from the 2015-2019 MOA Concerning Wastewater: 1. Work with the CITY and County Airport to facilitate the CITY takeover of that portion of the Airport gravity sewer line in Fiero Lane. 2. Replace or rehabilitate failing portion of the Airport gravity sewer line — Manhole M 17- 15 to M17-8. 3. Fiero Lane System — Manhole M17- 18 — cut open pipe to expose invert and access flow. Manhole M 17- 18 to M 17- 19 — correct grade defects. 4. Tie over eight (8) sewer laterals on Fiero Lane to the Airport gravity sewer line or new City gravity main in Fiero Lane, if available. Any necessary repairs to private laterals shall be made by FLWC prior to tie over. 5. Abandon existing FLWC gravity main once laterals are tied over to deeper airport gravity line. 6. The wastewater treatment system will be decommissioned, removed and left for COMPANY to salvage or dispose in accordance with state standards. 7. Temporary and permanent easements shall be granted to the City for replacement of the existing gravity main in Fiero Lane and the existing Airport sewer pump station. This may include the site of the existing FLWC wastewater treatment system site, or another suitable site. FLWC will provide recorded permanent easement to the City of San Luis Obispo for the site of the existing FLWC wastewater treatment system for the construction of a City lift station to serve the area. The FLWC existing electrical service will be provided to the City. Clear access will be provided to the easement area from Fiero Lane. 8. The leach fields behind Clarion Court will be abandoned in accordance with applicable code after all Clarion properties are connected to the City wastewater collection system via private gravity or private force main connections. Item 13 Packet Page 131 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 31 a, b, e) The project area is currently served by a community wastewater collection and treatment system operated by the Fiero Lane Water Company. Upon annexation, the existing treatment system will be decommissioned and infrastructure improvements will be implemented pursuant to the MOA in order to connect the area to the City sewer wastewater collection system. Wastewater collection and treatment demand capacity analysis has been conducted by the City’s Utilities Department and the City determined that the wastewater collection system and Water Resources Recovery Facility has adequate capacity to serve the AASP, including the annexation area (2015 FEIR Addendum) within the permit requirements of the State Water Board, and as noted in Section 8 of the Plan For Services. As noted in the project description, if the pending annexation of the East Airport Area is delayed, or improvements are not completed at the time of the FLWC wastewater plant decommissioning, it is possible this treatment plant would be moved to the East Airport Annexation Area to serve those users on an interim basis. The proposed parcel identified by FLWC is APN 076-512-028 (1275 Prospect) – this parcel is currently developed with existing FLWC facilities. In such a case, FLWC proposes that treated wastewater would be conveyed via the lift station and force main on the East Airport area to the existing disposal field currently serving the FLWC plant, west of Broad Street. This initial study assesses the potential impacts of infrastructure improvements, including the potential relocation of the wastewater treatment plan, and concludes that potential impacts would be less than significant, or less than significant upon implementation of mitigation measures identified in the AASP EIR and County of San Luis Obispo Morabito-Burke MND (refer to Initial Study Sections 3 [Air Quality], 5 [Cultural Resources], and 17 [Tribal Cultural Resources]). Based on the City’s available capacity to serve the annexation area, completion of infrastructure improvements identified above and incorporated into the Project Description, and implementation of identified mitigation measures, potential impacts would be less than significant. c) The existing subdivision was constructed with storm drain infrastructure, which will continue to function in the same capacity following annexation. Storm drainage improvements anticipated on a regional basis were identified in the City’s Storm Drain Master Plan for the Airport Area. These requirements are included in the AASP, Plan for Services under the MOA and under standard city conditions for new development. New water treatment will not be required to continue current service. Therefore, potential impacts would be less than significant. d) Water service to the area, albeit on-going since 2015, is included in the City’s Urban Water Management Plan and General Plan documents. The AASP-Margarita SP EIR Addendum completed in November 2015 (Source 5) finds that the city has adequate water supplies to serve the subject annexation area. As documented in the City’s 2018 Water Resources Status Report and Water and Wastewater Element (2018), 10,130 acre-feet of water availability is sufficient for build-out of the City’s General Plan, including the proposed annexation area. In addition, under existing conditions, the City is providing water to FLWC. Based on existing conditions, the City’s available capacity to serve the annexation area, and completion of infrastructure improvements, potential impacts would be less than significant. f-g) Evidence included with the AASP FEIR and 2015 Addendum to the FEIR reflects sufficient capacity to continue serving the largely developed annexation area. Based on this information, and the fact that the annexation area is largely build-out under current conditions, potential impacts would be less than significant. Conclusion: Less than significant impact. 19. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X No evidence exists that the proposed annexation of the Fiero Lane-Clarion Court area would result in impacts to local habitat Item 13 Packet Page 132 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 32 conditions, including the reduction of habitat areas, direct impacts to plant or animal species, impact the existence of any rare or endangered species, or negatively impact cultural resources of the State. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) X No impacts of the proposed project are identified that would be considered “individually limited” or “cumulatively considerable.” The proposed project is consistent with the existing AASP, Land Use Element and Zoning for the development and the cumulative impacts of developing this site were analyzed as a part of the AASP FEIR and Addendum, Land Use and Circulation Element (LUCE) EIR. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X No evidence has been presented or identified that suggests the annexation of the subject area would have a negative effect or substantial adverse effect directly or indirectly on humans. 20. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. Airport Area Specific Plan (2014), Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (SCH# 2000051062; September 2003); City of San Luis Obispo Land Use and Circulation Element (LUCE) Update EIR (2014), AASP FEIR Addendum (2015), Fiero Lane-Clarion Court Plan For Services (2016), Morabito-Burke Tract 2368 Environmental Determination ED01-322, Mitigated Negative Declaration, San Luis Obispo County, May 23, 2003, available for review at the City Community Development Department (919 Palm Street, San Luis Obispo, CA 93401) b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Applicable excerpts, analysis and conclusions from the AASP and LUCE Update EIRs and Morabito-Burke Tract 2368 MND have been added to each impact issue area discussion. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions of the project. N/A Item 13 Packet Page 133 Issues, Discussion and Supporting Information Sources Amendment of the Fiero Lane Memorandum of Agreement Concerning Interim Service and Annexation EID-___-2018 Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019 33 21. SOURCE REFERENCES. 1. Fiero Lane-Clarion Court Proposed Annexation Area 2. City of SLO General Plan Land Use Element, December 2014 and Final EIR, October 2014 3. City of SLO General Plan Circulation Element, December 2014 and Final EIR, October 2014 4. Airport Area Specific Plan Updated 2014 5. City of SLO Addendum to the Final Program EIR for the Airport and Margarita Areas, November 2015 6. City of San Luis Obispo, Land Use Inventory Database 7. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency: http://www.consrv.ca.gov/dlrp/FMMP/ 8. Resolution 10678; Fiero Water Company MOA, December 2015 9. Resolution 10994; Fiero Water Company First Amendment to MOA, March 2019 10. Fiero Lane / Clarion Court Plan For Services, March 2016 11. City of SLO Climate Action Plan, August 2012 12. Clean Air Plan for San Luis Obispo County, Air Pollution Control District, 2001 13. FEIR Airport Area and Margarita Area Specific Plans, 2005 14. Federal Emergency Management Agency (FEMA), Flood Map San Luis Obispo County 06077C1332G; accessed via www.fema.gov (September 12, 2019). 15. Geotracker, State Water Resources Control Board, 2015. https://geotracker.waterboards.ca.gov/ (accessed September 12, 2019) 16. Envirostor, Department of Toxic Substances Control. 2015. https://www.envirostor.dtsc.ca.gov/public/ (accessed September 12, 2019) 17. Morabito-Burke Tract 2368 Environmental Determination ED01-322, Mitigated Negative Declaration, San Luis Obispo County, May 23, 2003 18. 2018 Water Resources Status Report. 2018. https://www.slocity.org/Home/ShowDocument?id=22442 19. Water and Wastewater Element. 2018. https://www.slocity.org/home/showdocument?id=19965 Note: All documents listed above are available for review at the City of San Luis Obispo Community Development Department, 919 Palm Street, San Luis Obispo, California (805) 781-7101. Item 13 Packet Page 134 1 REQUIRED MITIGATION AND MONITORING PROGRAM Applicable mitigation measures carried forward from the certified Airport Area Specific Plan Final Program EIR and Mitigation and Monitoring Program; additional clarifications and new mitigation measures applicable to the proposed project are also listed below and are applicable to the project: Air Quality AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities a geologic evaluation shall be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. More information on NOA can be found at http://www.slocleanair.org/business/asbestos.asp. AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. More information on Asbestos can be found at http://www.slocleanair.org/business/asbestos.php. AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative material within San Luis Obispo County. AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the ARB) or an Air District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be Item 13 Packet Page 135 2 viewed as exclusive: power screens, conveyors, diesel engines, and/or crushers; portable generators and equipment with engines that are 50 hp or greater; internal combustion engines; unconfined abrasive blasting operations; concrete batch plants; rock and pavement crushing; tub grinders; and, trommel screens. AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are listed below: a. Maintain all construction equipment in proper tune according to manufacturer’s specifications; b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e. Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g. Diesel idling within 1,000 feet of sensitive receptors is not permitted; h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; i. Electrify equipment when feasible; j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; k. Signs that specify no idling areas must be posted and enforced at the site; and, l. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated ozone precursor emissions from the actual fleet for a given construction phase are expected to exceed the APCD threshold of significance after the standard mitigation measures are factored into the estimation, then BACT needs to be implemented to further reduce these impacts. The BACT measures can include: a. Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines; b. Repowering equipment with the cleanest engines available; and c. Installing California Verified Diesel Emission Control Strategies. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm Item 13 Packet Page 136 3 AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4- acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions (contact the APCD for a list of potential dust suppressants): a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control; c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. g. Projects with grading areas greater than 4 acres or within 1,000 feet of any sensitive receptor shall implement the measures above, in addition to the following additional mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): 1) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; 2) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; 3) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; 4) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; 5) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code (CVC) Section 23114; 6) “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may Item 13 Packet Page 137 4 then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track-out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘track-out prevention device’ can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; 7) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible. Air Quality Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant will also be required to comply with existing regulations and secure necessary permits from the Air Pollution Control District (APCD) before the onset of grading or demolition activities including, but not limited to additional dust control measures, and evaluation for Naturally Occurring and Material Containing Asbestos. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Community Development and Public Works Inspectors shall conduct field monitoring. Cultural Resources and Tribal Cultural Resources CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are unearthed or discovered during any construction activities, the following standards apply: a. Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law, and in consultation with local Native American tribal organizations. b. In the event archaeological resources are found to include human remains, or in any other case where human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department and Environmental Coordinator so that proper disposition may be accomplished. Cultural Resources and Tribal Cultural Resources Monitoring Program: Requirements for cultural resource mitigation, in the event of unforeseen encounter of materials during the potential relocation of the wastewater treatment facility, shall be clearly noted on all plans for project grading and construction. Compliance will be verified by the Community Development Director. Item 13 Packet Page 138 Via Email October 21, 2019 Shawna Scott City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 sscott@slocity.org SUBJECT: APCD Comments Regarding the Fiero Lane and Clarion Court Annexation (EID-0626-2019/PL-ANNX-1166-2015) Dear Ms. Scott: Thank you for including the San Luis Obispo County Air Pollution Control District (APCD) in the environmental review process. We have completed our review of the proposed Fiero Lane, and Clarion Court Annexation project located in San Luis Obispo. The proposed project includes the annexation of approximately 39 acres of property into the City of San Luis Obispo. The site consists of 30 existing parcels located along Fiero Lane, Clarion Court, and a portion of Santa Fe Road. Upon annexation, water, recycled water, and wastewater services would be converted to connect to City utility systems, and the existing wastewater treatment plan would be decommissioned and potentially relocated to 1275 Prospect Lane. Infrastructure improvements would include, but not be limited to installation of new water meters, installation of recycled water main on Broad Street, reconfiguration of sewer laterals on Fiero Lane, and pavement rehabilitation and sidewalk repairs. The proposed Initial Study/Mitigated Negative Declaration (IS/MND) includes mitigation measures stated in Section 3. Air Quality that were carried forwarded from the certified Airport Specific Plan Final Program Environmental Impact Report. Residential dwellings are within 1,000 feet of the proposed annexation area. The following are APCD comments that are pertinent to this project. GENERAL COMMENTS As a commenting agency in the California Environmental Quality Act (CEQA) review process for a project, the APCD assesses air pollution impacts from both the construction and operational phases of a project, with separate significant thresholds for each. Please Item 13 Packet Page 139 APCD Comments for the Fiero Lane and Clarion Court Annexation Project October 21, 2019 Page 2 of 4 address the items contained in this letter that are highlighted by bold and underlined text . CONSTRUCTION PHASE Construction Phase Impacts The proposed IS/MND includes mitigation measures stated in Section 3. Air Quality that were carried forwarded from the certified Airport Specific Plan Final Program Environmental Impact Report. These measures include the APCD’s language for naturally occurring asbestos (AQ-1), asbestos material in demolition (AQ-2), developmental burning (AQ-3), construction permit requirements (AQ- 4), standard control measures for construction equipment (AQ-5), best available control technology (AQ-6) and the short list for fugitive dust mitigation measures (AQ-7). AQ-1 through 6 are consistent with the APCD’s analysis of the proposed project and the APCD supports the inclusion of these measures in the conditions of approval for the project. However, because sensitive receptors are within 1,000 feet of the project, the APCD’s long list of dust control measures is required and to minimize toxic air pollution impacts from idling diesel engines, the APCD is also requiring mitigation to minimize impacts to sensitive receptors. These two mitigation measures are stated below. Dust Control Measures This project is within 1,000 feet of residential dwellings. Construction activities can generate fugitive dust, which could be a nuisance to residents and businesses in close proximity to the proposed construction site. Projects with grading areas greater than 4-acres or within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402). a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder should consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for du st control. Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants: Products Available for Controlling Dust; c. All dirt stockpile areas should be sprayed daily and covered with tarps or other dust barriers as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; Item 13 Packet Page 140 APCD Comments for the Fiero Lane and Clarion Court Annexation Project October 21, 2019 Page 3 of 4 g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code (CVC) Section 23114; j. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track -out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘track -out prevention device’ can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible; l. All PM10 mitigation measures required should be shown on grading and building plans; and m. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim Fuhs at 805-781-5912). Limits of Idling during Construction Phase State law prohibits idling diesel engines for more than 5 minutes. All projects with diesel-powered construction activity shall comply with Section 2485 of Title 13 of the California Code of Regulations and the 5-minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off-Road Diesel regulation to minimize toxic air pollution impacts from idling diesel engines. The specific requirements and exceptions for the on-road and off-road regulations can be reviewed at the following web sites: arb.ca.gov/msprog/truck-idling/factsheet.pdf and arb.ca.gov/regact/2007/ordiesl07/frooal.pdf . In addition, because this project is within 1,000 feet of sensitive receptors residential dwellings, the project applicant shall comply with the following more restrictive requirements to minimize impacts to nearby sensitive receptors. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; 3. Use of alternative fueled equipment is recommended; and Item 13 Packet Page 141 APCD Comments for the Fiero Lane and Clarion Court Annexation Project October 21, 2019 Page 4 of 4 4. Signs that specify no idling areas must be posted and enforced at the site. Again, thank you for the opportunity to comment on this proposal. If you have any questions or comments, feel free to contact me at (805) 781-5912. Sincerely, JACKIE MANSOOR Air Quality Specialist JNM/jjh cc: Tim Fuhs, APCD Dora Drexler, APCD Item 13 Packet Page 142 Minutes -Draft Planning Commission CALL TO ORDER Regular Meeting Wednesday, October 9, 2019 A Regular Meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, October 9, 2019 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Vice Chair Dandekar. ROLL CALL Present: Absent: Staff: Commissioners Robert Jorgensen, Steve Kahn, John McKenzie, Nicholas Quincey, Vice-Chair Hemalata Dandekar. Commissioner Charles Stevenson and Chair Mike Wulkan Community Development Director Michael Codron, Principal Planner Tyler Corey, Assistant City Attorney Charles Bell, Deputy City Clerk Kevin Christian and as noted. PLEDGE OF ALLEGIANCE Vice Chair Dandekar led the Pledge of Allegiance. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA None. --End of Public Comment-- CONSENT AGENDA 1.Consideration of the Planning Commission meeting Minutes of September 25, 2019. ACTION: MOTION BY COMMISSIONER MCKENZIE SECOND BY COMMISSIONER JORGENSEN CARRIED 5-0-2 (Commissioners Stevenson and Wulkan absent) to approve the minutes of September 25, 2019. Packet Page 1 Item 13 Packet Page 143 Planning Commission Meeting Minutes - DRAFT October 9, 2019 Page 2 of3 PUBLIC HEARINGS Commissioner Quincey recused himself and left the meeting at this time, noting a possible conflict with his employment position for the County of San Luis Obispo. 2.Project Address: 850 Fiero. Review of the proposed annexation of approximately 39 acres of property along Fiero Lane and Clarion Court; this action includes consideration of an Initial Study/Mitigated Negative Declaration tiered from the Final Program Environmental Impact Report for the Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans (SCH#2000051062). Case#: ANNX-1166-2015, Zone: Easement; Fiero Lane Water Company, applicant; Len Family Trust, owner. Senior Planner Shawna Scott introduced consulting Planner David Watson. Mr. Watson and Ms. Scott presented the staff report and responded to Commission inquiries. Applicant representatives Bob Miller, General Manager Fiero Lane Water Company, and Matt Quaglino, President Fiero Lane Water Company, summarized the intent of their request for annexation and responded to Commission inquiries. Vice Chair Dandekar opened the public hearing. Public Comments Matt Quaglino Carol Florence --End of Public Comment-- Vice Chair Dandekar closed the public hearing. ACTION: MOTION BY COMMISSIONER KAHN, SECOND BY COMMISSIONER JORGENSEN, CARRIED 4-0-1-2 (Commissioner Quincey recused, Commissioners Stevenson and Wulkan absent) to recommend approval of the proposed annexation and adoption of the Initial Study I Mitigated Negative Declaration, subject to findings and conditions. Packet Page 2 Item 13 Packet Page 144 Planning Commission Meeting Minutes - DRAFT October 9, 2019 Page 3 of3 COMMENT AND DISCUSSION 3.Staff Updates & Agenda Forecast Principal Planner Tyler Corey provided an update of upcoming projects. ADJOURNMENT The meeting was adjourned at 7: 10 p.m. The next Regular meeting of the Planning Commission is scheduled for Wednesday, October 23, 2019 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PLANNING COMMISSION: XX/XX/2019 Packet Page 3 Item 13 Packet Page 145 Page intentionally left blank. Packet Page 4 Item 13 Packet Page 146 R _____ RESOLUTION NO. (2019 SERIES) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING APPROVAL OF THE ANNEXATION OF THE FIERO LANE- CLARION COURT PROPERTIES (FIERO LANE WATER COMPANY, FLWC) TO THE CITY OF SAN LUIS OBISPO (PL- ANNX-1166-2015, EID-0626-2019) WHEREAS, on December 1, 2015 the City Council adopted a Memorandum of Agreement between the City and FLWC establishing a two-phased approach to annexation of the FLWC lands to the City, as prescribed in Resolution No. 10678 (2015 Series); and WHEREAS, on March 19, 2019 the City Council adopted a First Amendment to the 2015 Memorandum of Agreement agreeing to revise the schedule for completion of the annexation and extending the time for consideration of the annexation with the Local Agency Formation Commission (LAFCO), as prescribed in Resolution No. 10994 (2019 Series); and WHEREAS, the referenced MOAs and the 2016 FLWC “Plan For Services” include details on the studies, analysis, scheduling and financing of the consideration of said annexation and the needed public and private infrastructure improvements to be completed as part of any annexation; and WHEREAS, the City is actively working with the applicants and their consultants on detailing the various improvements and implementation of the financing plans to complete said improvements; and WHEREAS, all the requirements, conditions and implementing measures of said Resolutions No. 10678 and 10994 have been met by the applicants in order to consider the annexation; and WHEREAS, a duly noticed Public Hearing before the Planning Commission was held on September 25, 2019 to consider testimony and input on the proposed annexation, needed public and private infrastructure improvements, development impact fees and charges to be paid to the City, environmental considerations for the annexation, and review of the timing and implementation of said fees and improvements; and WHEREAS, environmental analysis of the proposed annexation has been guided by previous work in the form of the Airport Area and Margarita Area Specific Plans Final EIR (2005), FEIR Addendum for the Airport Area and Margarita Area Specific Plans (2015), and the City of SLO General Plan Land Use and Circulation Elements (LUCE) FEIR (2014); and WHEREAS, an Initial Study of environmental impact was prepared for the proposed annexation, which tiers from the certified Final EIR for the Airport Area and Margarita Area Specific Plans, documents whether there have been changed circumstances since those referenced EIRs were completed, analyzes consistency of the annexation with the General Plan and Airport Area Specific Plan, and identifies mitigation measures that would be required to mitigate Item 13 Packet Page 147 Resolution No. (2019 Series) Page 2 R _____ potentially significant impacts resulting from the annexation process and the construction of needed infrastructure (new or rehabilitation) to support City services to the areas; and WHEREAS, the conclusion of the Initial Study of environmental impact is that by incorporating the needed infrastructure features of the 2015 and 2019 MOAs, as well as the 2016 Plan For Services, in addition to and as a direct result of the analysis of the noted EIRs, and implementing noted mitigation measures, any significant effects of the annexation and provision of infrastructure services to the area would result in a less than significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. CEQA Findings, Mitigation Measures, and Mitigation Monitoring Program. Based upon all the evidence, the Planning Commission recommends that the City Council adopt the following California Environmental Quality Act (CEQA) findings in support of the project: a)The proposed project, as conditioned herein, is consistent with the requirements of the certified Airport Area and Margarita Area Specific Plans and Related Facilities Master Plans Final Environmental Impact Report (FEIR) (SCH# 2000051062), and this action incorporates those FEIR mitigation measures as detailed herein. b)A supplemental, tiered, initial study has been prepared for the project, which addresses potential environmental impacts resulting from the proposed project, and the Community Development Director has recommended that the results of that additional analysis be incorporated into a Mitigated Negative Declaration (MND) of environmental impacts, and recommends adoption of identified mitigation measures, all of which are incorporated below. c)All potentially significant effects were analyzed adequately in the referenced FEIR and IS/MND, subject to the following mitigation measures being incorporated into the project and the mitigation monitoring program: Air Quality AQ-1: Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities a geologic evaluation shall be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. More information on NOA can be found at http://www.slocleanair.org/business/asbestos.asp. AQ-2: Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered Item 13 Packet Page 148 Resolution No. (2019 Series) Page 3 R _____ during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. More information on Asbestos can be found at http://www.slocleanair.org/business/asbestos.php. AQ-3: Developmental Burning. APCD regulations prohibit developmental burning of vegetative material within San Luis Obispo County. AQ-4: Permits. Portable equipment and engines 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the ARB) or an Air District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive: power screens, conveyors, diesel engines, and/or crushers; portable generators and equipment with engines that are 50 hp or greater; internal combustion engines; unconfined abrasive blasting operations; concrete batch plants; rock and pavement crushing; tub grinders; and, trommel screens. AQ-5: Standard Mitigation Measures for Construction Equipment. The standard mitigation measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are listed below: a.Maintain all construction equipment in proper tune according to manufacturer’s specifications; b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); c.Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; d.Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e.Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; f.All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g.Diesel idling within 1,000 feet of sensitive receptors is not permitted; h.Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; i.Electrify equipment when feasible; j.Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, Item 13 Packet Page 149 Resolution No. (2019 Series) Page 4 R _____ k.Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. AQ-6: Best Available Control Technology (BACT) for Construction Equipment. If the estimated ozone precursor emissions from the actual fleet for a given construction phase are expected to exceed the APCD threshold of significance after the standard mitigation measures are factored into the estimation, then BACT needs to be implemented to further reduce these impacts. The BACT measures can include: a.Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines; b.Repowering equipment with the cleanest engines available; and c.Installing California Verified Diesel Emission Control Strategies. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm AQ-7: Fugitive Dust Mitigation Measures. Projects with grading areas that are less than 4-acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions: a.Reduce the amount of the disturbed area where possible; b.Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD- approved dust suppressant where feasible to reduce the amount of water used for dust control; c.All dirt stock-pile areas should be sprayed daily as needed; d.All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e.All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f.The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. Air Quality Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant will also be required to comply with existing regulations and secure necessary permits from the Air Pollution Control District (APCD) before the onset of grading or demolition activities including, but not limited to additional dust control measures, and evaluation for Naturally Occurring and Material Containing Asbestos. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the Item 13 Packet Page 150 Resolution No. (2019 Series) Page 5 R _____ person responsible for ensuring compliance with these requirements. The Building Inspector and Community Development and Public Works Inspectors shall conduct field monitoring. Cultural Resources and Tribal Cultural Resources CR-1: Unanticipated cultural resource discovery. In the event archaeological, historic, or paleontological resources are unearthed or discovered during any construction activities, the following standards apply: a.Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may be accomplished in accordance with state and federal law, and in consultation with local Native American tribal organizations. b.In the event archaeological resources are found to include human remains, or in any other case where human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department and Environmental Coordinator so that proper disposition may be accomplished. Cultural Resources and Tribal Cultural Resources Monitoring Program: Requirements for cultural resource mitigation, in the event of unforeseen encounter of materials during the potential relocation of the wastewater treatment facility, shall be clearly noted on all plans for project grading and construction. Compliance will be verified by the Community Development Director. SECTION 2. Action, Findings and Conditions. The Planning Commission hereby recommends the City Council 1) approve the filing of an application for annexation of the Fiero Lane- Clarion Court area and direct the Community Development Director to process the application with San Luis Obispo Local Agency Formation Commission (LAFCO) and 2) authorize the City Manager to execute any documents in a form approved by the City Attorney related to the annexation of the subject lands to the City of San Luis Obispo, based on the following findings and subject to the following conditions of approval: Findings: 1.The project area is identified in the Airport Area Specific Plan as a future annexation area, and no changes to identified pre-zoning or General Plan land use designations are proposed. The proposed annexation is consistent with the Airport Area Specific Plan, which was determined to be consistent with the San Luis Obispo County Airport Land Use Plan. 2.The proposed annexation is consistent with the General Plan, including Policies 1.13.3 (Annexation Purpose and Timing) and 1.13.5 (Annexation in Airport Area) because the proposed project satisfies all the prerequisites identified under 1.13.5 and pre-zoning was established upon adoption of the Airport Area Specific Plan, which is a prerequisite for allowing development on the site under the City’s General Plan. Item 13 Packet Page 151 Resolution No. (2019 Series) Page 6 R _____ 3.The Fiero Lane-Clarion Court area is within the City’s Sphere of Influence as defined by LAFCO, which is an area designated for eventual annexation provided that City services can be provided, and that annexation is otherwise consistent with LAFCO policies. 4.The Memorandum of Agreement and Plan for Services provides a framework for providing the necessary City services. Conditions of Approval: 1.In compliance with the adopted First Amendment to the Memorandum of Agreement, if re-location of the existing wastewater treatment facility is required in order to continue service to the East Airport area, prior to completion of annexation the applicant shall submit documentation verifying that the Fiero Lane Water Company has submitted an application to the Regional Water Quality Control Board for any required permits and authorizations related to the wastewater treatment plant and associated disposal of treated wastewater. To ensure implementation of the re-location of the wastewater treatment facility, prior to submittal of an annexation application to the San Luis Obispo County Local Agency Formation Commission (LAFCO) the applicant shall provide financial assurance in the form of a bond, to be approved by the City Utilities Director. 2.The applicant shall construct improvements and upgrades to Fiero Lane so as to bring the street infrastructure into a " state of good repair". For purposes of this requirement, the definition of state of good repair includes: a.Upgrading traffic control signs and markings to meet current federal, State and City standards; b.Upgrade street crossings to meet Federal and City ADA ramp and crossing standards; c.Perform pavement maintenance as needed to meet City minimum pavement condition index requirements; d.Remove and replace any damaged sections of sidewalk. 3.The applicant shall establish City-controlled public right-of-way access to parcels 076- 401-043, 076-400-001, 076-401-065 & 076-041-032, which are included within the proposed annexation area, but are not accessible via right-of-way. This may require subdivision of County-owned parcel 076-401-068 and transfer of the portion that includes the existing access road to the City. 4.The applicant shall exhaust all reasonable efforts to establish a reciprocal access agreement across parcel 076-413-038 to provide a potential future street connection and/or emergency access between Clarion Court and Fiero Lane. 5.Old Santa Fe Road south of the City/County boundary line, located immediately south of the Santa Fe Bridge shall remain under County jurisdiction after annexation of Item 13 Packet Page 152 Resolution No. (2019 Series) Page 7 R _____ properties on Clarion Court. If as part of the LAFCO process, the City is required to take all, or part, of Old Santa Fe Road under City jurisdiction, the following requirements shall be required by the applicant: a.Construct improvements and upgrades to the portion of Old Santa Fe Road that is to be annexed to the City so as to bring the street infrastructure into a "state of good repair". For purposes of this requirement, the definition of state of good repair includes: i.Upgrading traffic control signs and markings to meet current federal, State and City standards; and ii.Upgrade street crossings at Clarion Court and the mini storage property to meet Federal and City ADA ramp and crossing standards; and iii.Perform pavement maintenance as needed to meet City minimum pavement condition index requirements. The limits of required improvements begin at the south side of the existing bridge across the East Fork of San Luis Creek and terminate at the cul-de-sac fronting the mini storage property. No improvements to the bridge are proposed. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2019. ____________________________________ Tyler Corey, Secretary Planning Commission Item 13 Packet Page 153 Page intentionally left blank. Item 13 Packet Page 154