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).
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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
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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.
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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)
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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)
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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.
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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
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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.
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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
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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
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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.
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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
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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 .
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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
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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;
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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.
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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
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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.
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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
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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;
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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
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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.
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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
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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
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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
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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
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George Y. Marchenko LS 6964 Date
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POINT OF BEGINNING
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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
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IPAR<CIEIL
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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"
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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
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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.
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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-
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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
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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
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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
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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.
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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.
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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)
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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
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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
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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
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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)
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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
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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)).
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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
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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.
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Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
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Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
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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
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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
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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
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Amendment of the Fiero Lane Memorandum of Agreement
Concerning Interim Service and Annexation EID-___-2018
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Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
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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.
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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
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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
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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
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Concerning Interim Service and Annexation EID-___-2018
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Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2019
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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;
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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
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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
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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.
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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.
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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
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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
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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
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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,
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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
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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.
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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
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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
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