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R 3404 RESOLUTION NO. 3404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAKING CERTAIN FINDINGS REGARDING THE ENVIRONMENTAL IMPACTS OF THE , VILLAGE GLEN ANNEXATION. AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the City of Arroyo Grande as the lead agency has prepared an Environmental Impact Report (EIR) for the Village Glen Annexation project, including General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Tract 2265, and Planned Unit Development 97-563 ("Project"); and WHEREAS, the EIR has been prepared and circulated for public review in accordance with the California Environmental Quality Act (CEOA) and the CEOA Guidelines, and the City's Rules and Procedures for Implementation of CEOA and the CEOA Guidelines; and WHEREAS, a Final Environmental Impact Report for the project and responding to the comments raised during the public review period and at the public hearings has been prepared which incorporates written responses to comments received on the Draft EIR in accordance with CEOA and the City's CEOA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing on November 2, 1999, and the City Council held a duly noticed public hearing on November 9, 1999, at which all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has adopted Resolution No. 3403 certifying that the Final EIR was completed in compliance with CEOA, the CEOA Guidelines, and the City's CEOA Procedures; and WHEREAS, the City Council has reviewed and considered information contained in the Final Environmental Impact Report on the Village Glen Annexation. NOW. THEREFEORE. BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The City Council certifies that it has reviewed and considered the information contained in the Final Environmental Impact Report for the Project. 2. The City Council hereby finds and determines that the implementation of the Project may have a significant effect on the environment: --~.--, ------" ,..-.., Resolution No. 3404 Page 2 of 15 Statement of Significant Environmental Effects and Mitigation Measures, attached to this Resolution as Attachment "A" and incorporated herein by reference, mitigation measures have been incorporated into the Project that will avoid or substantially lessen the adverse environmental impacts for traffic identified in the Final EIR; b. that, based on information set forth in the Final EIR and in. the Statement of Significant Environmental Effects and Mitigation Measures, the adverse environmental effects related to traffic are significant environmental effects that cannot be entirely mitigated or avoided if the Project is approved; c. that no additional adverse impacts will have a significant effect or result in a substantial or potentially substantial adverse change in the environment as a result of Project approval; d. that all significant environmental effects identified in the Final EIR have been reduced to an acceptable level in that: (1 ) all significant environmental effects that can feasibly be avoided have been eliminated or substantially reduced as determined through the findings set forth in paragraph 3.a of this Resolution; (2) based upon the Final EIR and Statement of Significant Environmental Effects and Mitigation Measures and other documents in the record, specific economic, social, and other considerations make infeasible other project alternatives identified in the Final EI R; (3) based on the Final EIR and the Statement of Significant Environmental Effects and Mitigation Measures, and other documents in the record, all remaining, unavoidable significant environmental effects of the Village Glen Annexation Project are overridden by the benefits of the Project as described in the Statement of Overriding Considerations, attached to this Resolution as Attachment "B" and incorporated herein by reference, which Statement of Overriding Considerations is hereby approved and adopted by the City Council. Resolution No. 3404 Page 3 of 15 4. The City Council authorizes and directs that the Director of Administrative Services promptly file a Notice of Determination with respect to the Final EIR for the Project, specifically referencing therein that mitigation measures have been made a condition of project approval, findings have been made pursuant to Section 15091 of the CEOA Guidelines, and that a Statement of Overriding Considerations has been adopted. On motion of Council Member Ferrara, seconded by Council Member Runels, and on the following roll call vote to wit: A YES: Council Members Ferrara, Runels, Dickens, and Mayor Lady NOES: None ABSENT: Council Member Tolley The foregoing Resolution was passed and adopted this 9th day of November, 1999. ---~ , Resolution No. 3404 Page 4 of 15 MI~~ ATTEST: f;u I2/LL ORE, DIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~Lw L. Iiui;) ROBERT L. HUNT, CITY MANAGER .. I i APPROVED AS TO FORM: ,.. .~.,....>~, Resolution No. 3404 Page 5 of 15 A TT ACHMENT II A II STATEMENT OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND MITIGATION MEASURES The following potentially significant impacts have been identified in connection with the project, and the following mitigation measures have been adopted to mitigate tbe potential environmental impacts. Mitigation A 1: To mitigate impacts on school facilities and enable the school district to fund projects that include environmental mitigation resulting from school construction, the applicant shall enter into an agreement with Lucia Mar Unified School District to provide development impact fees, as determined by the District, and shall submit proof prior to issuance of building permits. Mitigation Implementation/Monitoring 1 ) Action to be Taken: Applicant to enter into mitigation/impact fee agreement with Lucia Mar Unified School District. 2) Entity to Take Action: City to verify completion of agreement. 3) Timing/Duration: Prior to building permit issuance. 4) Interested Agencies: Community Development Department, Lucia Mar Unified School District. Mitigation B 1 : To mitigate downstream flooding, the applicant has included a detention basin at the low end of the site and added storm drain inlets and pipes to route the majority of site runoff through the basin. The basin provides approximately 2.8 acre~feet of storage volume and will outlet into the existing Canyon Way channel upstream of the Canyon Way storm drain inlet and pipe. The detention basin peak discharge for the 100-year storm is approximately 120 cfs, equal to the 1 O-year undeveloped runoff. Advantages' resulting from the Project storm drains and detention basin are: 1 ) Reduces downstream runoff to a pre- development condition, 2) Adds approximately 0.8 acres of ponding for additional groundwater recharge, 3) Reduces downstream runoff along James Way, 4) Provides sediment storage during construction. The disadvantage to the detention basin is that it requires periodic maintenance and cleaning. Mitigation Implementation/Monitoring 1 ) Action to be Taken: Project will require design and installation of a drainage storm drain pipe system and detention basin in accordance with City Engineering Standards. Per the development code, all proposed drainage facilities associated with the Project shall be based on the 1 00 year storm. -- ~,~".~ Resolution No. 3404 Page 6 of 15 2) Entity to Take Action: Applicant to submit drainage plans to the City of Arroyo Grande Public Works Department for review and approval. 3) Timing/Duration: Plans to be approved prior to construction. 4) Interested Agencies/Department: City of Arroyo Grande, State Department of Fish and Game, and State Regional Water Quality Control Board (RWQCB). Mitig~tion 82: To mitigate potential degradation of surface water flows, all storm water releases should be designed to discharge into the Canyon Way channel and Tally Ho Creek in a non-erosive manner, and shall be subject to a National Pollution Discharge Elimination System (NPDES) permit. The design of the on-site detention basin shall allow for the accumulation and removal of sediment. Mitigation Implementation/Monitoring 1 ) Action to be Taken: Applicant to prepare engineering drainage plans with erosion and siltation measures per City of Arroyo Grande and Regional Water Quality Control Board standards. 2) Entity to Take Action: Applicant to submit erosion plans to the City of Arroyo Grande Public Works Department for review and approval. 3) Timing/Duration: Prior to construction, monitor during construction. 4) Interested Agencies/Department: City of Arroyo Grande, and State Regional Water Quality Control Board. Mitigation D1: To avoid or minimize safety risks to school-age pedestrians crossing James Way, implement one of the following measures: Mitigation Option 1: Install a traffic signal at James Way and the Project access street. This traffic signal would operate full time and would be required to include pedestrian crossing indications, pedestrian actuation, and vehicular actuation for the side street. The location of the traffic signal equipment along with advanced warning signs would provide the necessary visibility required for this type of intersection control. Mitigation Option 2: Install a traffic signal at James Way and Rodeo Drive instead of at the Project access street. Mitigation Option 3: Relocate the Project access street either 150 west or 250 east to gain adequate sight/stopping distance and install all-way STOP signs. --"....- Resolution No. 3404 Page 7 of 15 Mitigation Option 4: Install all-way STOP signs as proposed and have a crossing guard present in the morning and afternoon. James Way should be posted for 25 MPH when children are present. Mitigation Implementation/Monitoring 1 ) Action to be Taken: As a condition of Tract approval, require an engineering analysis to determine the most feasible mitigation option providing the appropriate level of safety for pedestrians walking to school. 2) Entity to Take Action: City to require School District/Applicant to provide engineering study. 3) Timing/Duration: Final mitigation selected and funded prior to issuance of grading permits. 4) Interested Agencies/Department: LMUSD, State Department of Education. Mitigation E1: Groundwater Withdrawal. . Unless the City Council approves other methods of offsetting the Project water demand, the following measures shall be incorporated into the Project in order to further reduce impacts on the. groundwater resource: The Deer Trail well should be drilled, constructed, and tested as recommended in the report by the applicant's consultant prior to issuance of a Project grading permit or final Tract Map approval by the City. Production testing of the well should include, as a minimum, a 10-hour step-drawdown test at a minimum of 5 steps, a 24- to 48- hour constant discharge test at a discharge. rate close to the well's maximum production capability (such as 1 50 gpm, for instance, if possible), and a 4- to 8-hour recovery test. Throughout all the pumping tests, monitoring and recording of water levels in the Los Robles del Mar wells and the City's Oak Park well should be conducted. The test results should be evaluated by a professional qualified in the discipline, and compared to the assumptions and conclusions of Cleath (1998b) and this analysis. If the results of the short-term tests described above verify the assumptions and conclusions of this analysis, the Deer Trail well should be pumped at the design project rate (30 to 35 gpm) for a minimum 3D-day period. As before, monitoring and recording of water levels in the Los Robles del Mar wells and the City's Oak Park well should be conducted as part of the test. Monitoring of water levels in the Los Robles del Mar wells should be conducted on a monthly basis for two years following Project implementation. Regular monitoring of the City's Oak Park well should continue as part of the City's normal procedures. Resolution No. 3404 Page 8 of 15 Quarterly water level measurements should be taken after the initial two-year period. The water levels should be measured during approximately the same weeks each year. The applicant's geologist should perform an annual or biennial review of the water level and water production data. , Mitigation Implementation/Monitoring 1 ) Action to be Taken: Project will include drilling, constructing, and testing of the proposed well, and monitoring of water levels in nearby observation wells. A qualified professional should review observation data. 2) Entity to Take Action: Applicant to drill and construct well. Working with City staff, testing should be conducted on the well and observation well data collected. 3) Timing/Duration: The well to be drilled and short-term testing conducted as a Tentative Tract Map condition of final approval prior to grading permit issuance or final Tract Map approval by the City. Long-term testing to be continued after Project approval. 4) Interested Agencies/Department: City of Arroyo Grande, LAFCO. Mitigation E2: Well Interference. Unless the City Council approves other methods of offsetting the Project water demand, the following measures shall be incorporated into the Project to further reduce impacts on the groundwater resource. Monitoring of water levels in all the Los Robles del Mar wells should be conducted on a monthly basis for two years following Project implementation. Regular monitoring of the City's Oak Park well should continue as part of the City's normal procedures. The applicant's geologist should perform an annual or biennial review of the water level and water production data. Mitigation Implementation/Monitoring 1) Action to be Taken: Project will include drilling, constructing, and testing of the proposed well, and monitoring of water levels in nearby observation wells. A qualified professional should review observation data. 2) Entity to Take Action: Applicant to drill and construct well. Working with City staff, testing should be conducted on the well and observation well data collected. 3) Timing/Duration: The well to be drilled and short-term testing conducted prior to final Project approval. Long-term testing to be continued after Project approval. ~_._-- ~'_...M' Resolution No. 3404 Page 9 of 15 4) Interested Agencies/Department: City of Arroyo Grande. level of Impact after Mitigation: Implementation of the above measures would reduce potential Project specific impacts of well interference. Therefore no residual impacts are associated with the development. Mitigation E3: Water Quality The water quality impacts of the Project are considered less than significant, provided the assumptions used in this analysis are reasonably accurate. However, several measures are recommended for implementation into Project design to further reduce impacts on the groundwater resource: The Deer Trail should be drilled, constructed, and production tested as recommended in the report by the applicant's consultant prior to issuance of a grading permit or final Tract Map approval by the City. Near the end of the short-term production testing, a water quality sample should be collected by a qualified laboratory technician, and sampled by a State-certified laboratory. If elevated concentrations of iron and manganese are found in the water, it will be necessary to design a blending scheme, or to design and install a well head treatment system to reduce the iron and manganese concentrations to acceptable levels. Mitigation Implementation/Monitoring 1 ) Action to be Taken: Project will include drilling, constructing, and water quality sampling of the proposed well. 2) Entity to Take Action: Applicant to drill and construct well, and contract for sampling and testing of the produced water at a laboratory approved by the City. 3) Timing/Duration: The well to be drilled, sampled and tested as a Tentative Tract Map Condition of approval prior to issuance of a grading permit or final Tract Map approval. 4) Interested Agencies/Department: City of Arroyo Grande, State Department of Health Services, LAFCO . level of Impact after Mitigation: Implementation of the above measures would reduce potential Project specific impacts of water quality. Therefore, no residual impacts are associated with the development. Mitigation F 1 : To reduce visual impacts of proposed grading on the school site and to conform with City policy for landform grading, the school grading plan shall be revised to incorporate the following mitigation techniques. Resolution No. 3404 Page 10 of 15 . to the extent feasible, use landform grading on cut slopes around the wooded knoll to be retained in the northwest corner of the site, with varying slope ratios and curves. . create varying slope ratios below 2: 1 to the extent feasible on fill slopes. . revegetate the cut and fill slopes with plants native or characteristic to the environs. . provide tree planting on the slopes and/or in the campus core that substantially screens or softens the visual appearance on the school viewed from the north and northeast Mitigation Implementation/Monitoring 1 ) Action to be Taken: District, to prepare revised grading plan and landscape plan to incorporate landform grading and screen planting. 2) Entity to Take Action: District to submit plan to Community Development Department for approval. 3) Timing/Duration: Prior to issuance of grading plan. 4) Interested Agencies/Department: Community Development Department, Public Works Department. Mitigation G 1 : To mitigate potential impacts to Pismo clarkia a spring survey was conducted in 1999, which showed no Pismo clarkia. Since the Initial Study upon which the CDFG based its request for a second study incorrectly identified the survey as occurring in 1998, it appears the 1999 survey satisfies the CDFG request. Mitigation Implementation/Monitoring 1 ) Action to be Taken: Applicant prepared 1 999 spring survey for Pismo clarkia~ 2) Entity to Take Action: Applicant. 3) Timing/Duration: Prior to grading permit issuance. 4) Interested Agencies/Department: Community Development, Department of Fish and Game. Level of Impact After Implementation of Mitigation Measure: Implementation of the survey adequately confirmed presence/absence of Pismo clarkia. Mitigation G2: To mitigate removal of significant native and non-native vegetation that affords watershed protection and potential wildlife habitat, the south-facing fill slope on the school site shall be revegetated with native trees, shrubs and grasses up to 30 feet from the top of the slope. Final grading plans shall contain tree Resolution No. 3404 Page 11 of 15 protection plan to retain eucalyptus trees outside of graded areas. (The top 30 feet should be low fuel, irrigated planting for fire safety.) Mitigation Implementation/Monitoring 1 ) Action to be Taken: School District shall prepare revegetation plan. for south-facing fill slope. 2) Entity to Take Action: School District. 3) Timing/Duration: Implement prior to occupancy. 4) Interested Agencies/Department: City of Arroyo Grande Community Development and Fire Departments. Mitigation 1-1 - Construction-Related Criteria Air Pollutant Emissions (Project) The following measures are recommended to reduce PM1Q emissions related to Project construction activities: . Water all areas where ongoing construction activity has exposed more than 500 square feet of bare soil at least twice daily; . Spray all dirt stockpile areas with water as needed to suppress fugitive I dust emissions; . Implement permanent dust control measures identified in the approved Project revegetation and landscape plans as soon as possible following completion of any soil disturbing activities; . Stabilize all disturbed soil areas not subject to revegetation using approved chemical soil binders, jute netting, or other methods approved in advance by the SLOAPCD; . Pave all roadways, driveways, sidewalks, et cetera, as soon as possible after grading. Lay building pads as soon as possible after grading unless seeding and soil binders are used; . Enforce a speed limit of 15 mph for unpaved surfaces at the construction site; and . Sweep paved streets adjacent to the construction site at the end of each day if visible soil material is carried onto adjacent paved roads. Mitigation Implementation/Monitoring 1) Action to be Taken: The previously-described measures shall be incorporated into a mitigation plan for construction-generated particulates that is to be promulgated to on-site constriction crews. 2) Entity to Take Action: The Applicant shall require the building contractor to implement this plan. 3) Timing/Duration: The mitigation plan shall be in force throughout- all construction phases. ~ Resolution No. 3404 Page 12 of 15 4) Interested Agencies/Department: City of Arroyo Grande, SLOAPCD. Mitigation 1-2 - Operational Criteria Air Pollutant Emissions (Project) To minimize the Project's operational impacts on air quality: . Assure that all residential heating needs are adequately provided by means other than wood burning appliances. . If fireplaces are to be provided in more than 1 0 percent of the Project's residential units, equip those fireplaces with Phase 2 catalytic inserts to reduce air pollutant emissions. In addition, incorporate the following into the Project to the maximum extent feasible: Residences: . Link cul-de-sacs and dead-end streets to encourage pedestrian and bicycle travel; . Increased street tree planting . Outdoor electrical outlets to encourage the use of electric appliances and tools; . Use solar water heaters; . Use built-in energy efficient appliances; . Use double-paned windows; . Use energy efficient interior lighting; . Increase walls and attic insulation beyond Title 24 requirements; . Use sodium streetlights. School: . Increase wall and attic insulation beyond Title 24 requirements; . Orient buildings to maximize natural heating and cooling; . Shade tree planting in parking lots to reduce evaporative emissions from parked vehicles; . Use sodium parking lot lights; . Use energy efficient interior lighting. Mitigation Implementation/Monitoring 1 ) Action to be Taken: Incorporate the above measures into Project infrastructure plans and residence design. Resolution No. 3404 Page 13 of 15 2) Entity to Take Action: Project Applicant, through appropriate representatives (e.g., architect). 3) Timing/Duration: Implement before construction begins. 4) Interested Agencies/Department: City of Arroyo Grande, SLOAPCD. The Final EIR identified the following Impact as significant and unavoidable: Impact D2: The Project would contribute to a significant cumulative traffic impact at the Brisco Road / U.S. Route 101 interchange which will fall below LOS C by the year 2005. The EIR noted that General Plan Policy 8.2(f) provides that when a Project would i cause the level of service to fall below City standards, that the necessary improvements should be required either through conditions of approval, development (impact) fees, or establishment of assessment districts. While the Project does not, by itself, cause the level of service at the Brisco Road/1 01 interchange to fall below LOS C, the Project would contribute to the cumulative impact on the intersection. The Project would contribute traffic impact fees to the City fund used for major roadway projects identified in the Circulation Element of the General Plan. While the payment . of such fees may be considered adequate mitigation for a Project's contribution to the cumulative impacts, this is not so in the present case due to the planning and funding needed for major interchange improvements. Requiring the Project applicant to fund the interchange improvements is infeasible, due to the planning, funding, and engineering considerations for a major interchange improvement. In addition, the interchange improvements are within the jurisdiction of Caltrans, making it infeasible for the project applicant to design and construct the interchange improvements on its own. Caltrans is currently considering changes to the interchange. Finding: Although the IIno project" alternative would eliminate the significant impact on traffic, the social and economic benefits of the Project's inclusion of an elementary school site make this alternative undesirable and infeasible. Further, the significant impact 01") traffic is considered acceptable based on a determination that the social and economic benefits of the Project outweigh the risks of the significant environmental effects of the Project, as specifically described in the Statement of Overriding Considerations. ---- ~"O"__';' Resolution No. 3404 Page 14 of 15 ATTACHMENT "B" STATEMENT OF OVERRIDING CONSIDERATIONS A Draft Environmental Impact "Report (DEIR) was prepared by the City with regard to the Project, and was circulated for public review. Public hearings were held to receive public comments, and written comments were received regarding the document. The City has prepared a Final EIR that responds to each comment. The City Council has certified the Final EIA. The Final EIA has identified the following significant and unavoidable environmental effect that would result from the Project: Impact 02: The Project would contribute to a significant cumulative traffic impact at the Brisco Road I U.S. Route 101 interchange which will fall below LOS C by the year 2005. Pursuant to Public Resources Code Section 21081 and CEaA Guidelines Section 15093, the City Council hereby adopts and makes the following Statement of Overriding Considerations regarding the unavoidable impacts of the Project and the anticipated social, economic, and other benefits of the Project. The Council specifically finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh the significant adverse environmental impacts of the Project, and is an overriding consideration that justifies and warrants approval of the Project. OVERRIDING CONSIDERA nONS Schools play a crucial role in the City of Arroyo Grande. The General Plan identifies the importance of maintaining a small-town, rural atmosphere, and neighborhood schools are a critical element in this effort. The need for a new school is of paramount importance to the City. The presence of a viable and effective public school system is. essential to the social and economic well- being of the community, making it possible to attract new businesses to the i:lrea, contributing to a healthy real estate market, and improving educational opportunities for the children of the community. There is abundant evidence in the record that the Lucia Mar Unified School District has too many students for the available space, and a new school site in the City is needed. The School District has been' searching for a new school site, and a committee of school officials and community representatives has, under the authority of the School Board, been searching for potential school sites in the community. Despite long and diligent efforts, the committee has been unable to identify a site that - Resolution No. 3404 Page 15 of 15 is both feasible, and available. The proposed Project would result in a site being made available that the District and the State of California has reviewed, and found to be suitable. In the absence of approval of the Project, the School District may be unsuccessful in identifying or obtaining any new school site within the City. As a result, school overcrowding would continue to worsen, as well as the negative impact such overcrowding has on both the students and the community as a whole. A school site is especially needed on the east side of U.S. Highway 101. Historic growth patterns in the City have resulted in a substantial number of students residing on the east side of U.S. 101, but all school sites are located to the west of U.S. 101. This results in substantial additional traffic generation, as parents deliver children to and pick-up children from school, crossing the freeway at the various interchanges, but primarily at the Brisco Road/101 interchange, which is the subject of Impact D2, referenced above. Approval of the Project would have the beneficial effect of reducing vehicle trips on such interchanges, including Brisco Road/101, and by reducing the number of miles traveled by school buses (and also thereby reducing their impact on air quality), as students would reside in closer proximity to the school site. The data to support these overriding factors can be found throughout the record of proceedings, including the demographic data submitted by the Lucia Mar Unified School District and in the minutes of the Planning Commission hearings on October 5 and November 2, 1999. RESOLUTION NO. 3404 OFFICIAL CERTIFICATION I, KEL~ Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3404 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of November, 1999. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of November, 1999. L !m~ZUiJ/LR-- ~ o. WE ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK