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R 3554 RESOLUTION NO. 3554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE 2001 GENERAL PLAN UPDATE WHEREAS, an Environmental Impact Report (EIR) for the 2001 General Plan Update (Project) was prepared by the City of Arroyo Grande (City) pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the UState CEQA Guidelines") and local procedures adopted by the City pursuant thereto; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested and to incorporate comments received and the City's response to said comments, and as so revised and supplemented, a Final EIR was prepared; and WHEREAS, a duly noticed public hearing was held by the City Council on October 9, 2001, to consider the Project and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented, incorporating all comments received and the response of the City thereto. NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby: 1. Certify that the Final EIR for the Project has been completed in compliance with the California Environmental Quality Act (CEQA). the State CEQA Guidelines and local procedures adopted by the City pursuant thereto and that the Final EIR reflects the independent judgment and analysis of the City Council, as required by Public Resources Code Section 21082.1 and Section 15090 of the CEQA Guidelines; ~--- ~-"'-- ---_..~- .....---- "____U - ---- ----- RESOLUTION NO. 3554 PAGE 2 2. Independently review and analyze the Final EIR and consider the information contained therein and all comments, written and oral, as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, in the Final Integrated Program EIR Correction and Errata received at the public hearing on the Final EIR, prior to adopting this Resolution and taking action on the Project; and 3. Adopt the Mitigation Measures in the Mitigation Monitoring Program Summary as set forth in Exhibit "B" attached hereto and incorporated herein by this reference, and incorporated in the Final EIR. On motion of Council Member Lubin, seconded by Council Member Runels, and on the following roll call vote to wit: AYES: Lubin, Runels. Dickens, Ferrara, Lady NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of October, 2001. ! RESOLUTION NO. 3554 PAGE 3 ATTEST: RE. DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK , I APPROVED AS TO CONTENT: EN ADAMS. CITY MANAGER APPROVED AS TO FORM: OTHY J. CARMEL. CITY ATTORNEY I I -~-_._-- -- EXHIBIT A FINAL INTEGRATED PROGRAM EIR Correctionsl Errata Sum_IV of ImDaCts: (See revised Table EIR-1, Page EIR-13) Statement of Obtectives (Pages EIR-16 through EIR-19): AGriculture. ConselVation and ODen $D8ce Element: (Replace Ag1 with revised language) Ag1 Revise to read: "Avoid, minimize and/or mitigate loss of prime fannland soils and conserve non-prime Agriculture use and natural resource lands." Correct objective C/OS6 to read uurban development potential..." Land Use Element: LU (Fringe)1 . Correct reference to uLU (Frlnoe) 1" LU 2 . Correct udiversity" to ua broad ranoe of Sinole Family Residential (SFR) housing densities"... LU 3 . Correct udiversity" to "a broad ranoe of Multiole Family Residential (MFR)" and... LU9 Circulation Element: (Replace C1 through C6 with corrected cn through CT5): en Plan and develop a -coordinated and efficient, functional classification system of area streets and highways throughout the community that designates the purpose and physical characteristics of the roadway, composed of five categories. CT2 Attain and maintain Level of Service (LOS) 'c' or better on all streets and controlled intersections. CT3 Maintain and improve existing "multi-modal" circulation and transportation systems and facilities to maximize alternatives to new street and highway construction. Cf4 Ensure compatibility and complementary relationships between the circulation/transportation systems and existing and planned land uses, promoting environmental objectives such as safe and un-congested neighborhoods, energy [ conservation, reduction of air and noise pollution, transit, bike and pedestrian friendly characteristics. I CT5 Coordinate circulation and transportation planning and funding of collector and arterial street and highway improvements with other local, County, SLOCOG, State and Federal agencies. Request County contribution to major street improvement projects. HousinG Element: (Replace H2 through H7, incorrect summary with corrected H2 through H4): H2 The City shall enable and encourage housing compatible with commercial uses and promote uMixed Use" and uVillage Core" districts to facilitate residential uses to be integrated Into such areas. H3 Housing for low Income households shall not be concentrated Into a single building or identifiable portion of the development or subdivision but rather dispersed throughout 1 ----....-- and integrated into the development as determined acceptable based on site constraints, size and design. H4 Conserve and rehabilitate the City's older housing stock, particularly to provide more affordable housing. Economic DeveloDment Element: EDS Correct to read "Develop a strategy in the Oty that promotes the Importance of tourism." ED6 Delete ..."Housing Element" at end of objective. Parks and Recreation Element: (Replace PR2 through PRS with corrected objectives.) PR2 Revise to read: "The City should supplement existing - park, . recreation, sports and cultural facilities when needed and economically feasible and . cooperate with Lucia Mar Unified School District, the County and adjoining Otles of Plsmo Beach, Grover Beach and Oceano CSD to provide for operation and maintenance and to development additional facilities and services. PR3 The City should promote recreation programs which meet the special needs of children, the elderly and the handicapped. PR4 A network of recreational trails, bicycle lanes and bikeways should be established for use by local residents and visitors to the Arroyo Grande Valley. PRS The City will consider all available finandng and acquisition techniques in the development,malntenance and operation of parks and recreation fadllties. Safety Element 55 Delete "and buildings" at end of objective. Noise Element N2 Oarify by correcting "existing or planned excessive noise produdng uses and traffic". at end of objective. N3 Clarify by adding "and traffic" to end of objective. N4 Correct to read: "To educate the residents of Arroyo Grande concerning the methods available for minimizing exposure to excessive noise." I , IV. Water Resources (Pages EIR-22 through EIR-24) Page EIR-22 and Page EIR-23, last pjlragraphs underline Urban Water Mater Plan and ~ SYStem Master Plan. Page EIR-23, second paragraph: amend to read - "The 2001 General Plan Update proposes that average per capita ~ consumption be reduced by more efficient utilization and conservation measures to aDDroximatelv 160 gallons per person per day. More detailed mitigation measures will be outlined In subsequent Urban Water Manaoement Plan amendment studies to achieve this reduced per capita average consumption, Inc1udlna implementation of manv of the Identified "Best Manaaement Practices (BMPs)''' 2 __..n_ ----- -.. --_.------ - _.._m_ Page EIR-24, third paragraph: underline Storm Drainaae Master Plan. and add sentence to end of paragraph: "Project EIRs will be required to resolve possible mitigation measures or alternatives to avoid cumulative impacts." Page EIR-24, fourth paragraph: underline Storm Water Pollution Prevention Plan and Proaram. and add sentence to end of paragraph: "The 2001 General Plan Update also proposes creek setbacks to help mitigate cumulative drainage, erosion and siltation Impacts." Page EIR-30, second paragraph re Noise: Clarify first sentence to Indude arterial and other noise sources. Page EIR-32, last paragraph first sentence, correct to read: "Inadequate parking, congested drculation and incomplete pedestrian. and bike circulation are oarticular eroblems adiolnlna and on routes near schools located in the Qb:." Strike "However" In next sentence. Page EIR-47, first paragraph, first sentence regarding Printz. Noves and Oak Park Roads - Northern Sohere of Influence. ImD8Cts of the Prooosed General Plan. delete ..,"except adjoining Highway 227 where SFR-LD-PU would be considered subject to annexation." Page EIR-47, last paragraph and page EIR-48, first paragraph: delete entirely. Page EIR-48, Alternatives. Evaluations and ExDlanation. correct to read: "The 2001 General Plan Update proposes alternative 'b', to exclude the entire 760 acre Northern Sphere of Influence (SOl) expansion area." Page EIR-49, second paragraph, last sentence, correct to read: ...to exdude all of the 760 acres. Page EIR-49, third paragraph: delete entirely. Page EIR-52, Vlllaae Mixed-Use Boundaries and Uses. Imoacts of the ProDosed General Plan. second paragraph re 7S, delete: "This MU dassificatlon would require mitigation measures outilned in the General Plan Agriculture, Conservation and Open Space Bement text." Page EIR-52, third paragraph re 75, correct to read: "The 2001 General Plan Update proposes this 12 acre former Aorfculture dassificatlon as SFR-MD-PD enabllna sinale familv residential. medium densitY. elanned develooment infill. due to surroundina urban develooment." Page EIR-55, second paragraph, add sentence re 7S: "A project EIR would be required prior to rezoning and subdivision to address mitigation for conversion, traffic, drainage and other project related impacts." i Page EIR-55, third paragraph, correct to read: "The 2001 General Plan Update also proposes Single Family Residential, Medium Density subdivision of aeeroximatelv 22 acres in an already fragmented, currentlv Low Densitv Single FamilY Residential area further east on East Cherry and Myrtle Avenues. Page EIR-67, E. RelatlonshiD Between Local Short Term Uses and Enhancement of Lona Term ProductIvity. insert the following paragraphs after the first and fifth paragraphs: "Within the City's jurisdiction and control, the potentially significant cumulative impacts on water resources, air quality and traffic shall require all subsequent Project EIRs to 3 address alternatives to avoid and all available mitigation measures to reduce these cumulative project impacts to the maximum extent feasible. Section 15091 of CEQA requires that the City shall not approve a project involving one or more significant environmental effect, unless it makes one or more of the written findings for each of those effects, accompanied by a brief explanation of the Rationale for each finding. The possible findings are: 1. . Changes or alternations have been required in,or-incorporated Into,_the project which avoid or substantially lessen the significant environmental effect as Identified In the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes,have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other consideration, Including provision of employment opportunities for highly trained' workers,.' make -Infeasible the mitigation measures or project alternatives Identified In the final EIR". Page EJR-69, at top of page Insert same paragraph as on EJR-67: "Within the City's jurisdiction and control, the potentially significant cumulative impacts on water resources, air quality and traffic shall require all subsequent ProjectEIRs to address alternatives to avoid and all available mitigation measures to reduce these cumulative project Impacts to the maximum extent feasible." Page EIR-69, re "15091 Flndinos add the following: (c)...The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subsection (a)(1), the agency.shall also adopt a program for reporting on or monitoring the changes which It has either required In the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings I required by this section. Page EIR-73 J. Other Agencies Consulted (Contact Person) - Add: San Luis Obispo Council of Governments, SLOCOG (Ronald DeCarli). 4 -------..-- -----._-- EXHIBIT B MITIGATION AND MONITORING PROGRAM SUMMARY 2001 GENERAL PLAN UPDATE AND FINAL EIR CITY OF ARROYO GRANDE, CALIFORNIA In the adoption of the 2001 General Plan Update, the Final EIR identifies impacts on Water Resources, Air Quality and Transportation/Circulation as involving potential significant environmental effects. Pursuant to Section 15091 (a) of CEQA Guidelines, the City finds that: 1) Changes or alterations have been incorporated. into the plan which avoid or substantially lessen the significant environmental.effects as identified in the .Final EIR. to the extent within the control arid jurisdiction of the City of Arroyo Grande, and 2) That some changes or alterations are within the responsibility and jurisdiction of other public agencies and can and should be adopted by such other agencies. The City makes the following brief explanations for each of these significant effects: Water Resources and Consumption The principles, objectives and policies related to water resources and consumption include the City's intent to manage and limit land use and urban development to that which can be sustained by the available resources and serviced by the . . .infrastructure systems. General Plan Update objectives and policies that would implement this intent include: Ag 2 and policies Ag2-1, 2-2, 2-3, 2-4, and 2-5; C/OS6 and pOlicies C/OS6-1 and 6-2; LU (Fringe) 1 and policies LU (Fringe) 1-1, 1-2 and 1-3; LU11 and policies LU11-1, LU11-3, LU11-4 and LU11-6 H1 and policies H1-3 and H1-4 S-2, S-3 and S-4 and policies S2-3, S3-2 and S4-3; and, ED3 and policy ED3-1. In addition to these objectives and policies incorporated into the 2001 General Plan Update, the EIR proposes that average per capita consumption be reduced by more efficient water utilization and conservation measures to approximately 160 gallons per person per day. More detailed water resource mitigation measures will be outlined in subsequent Water Manaaement Master P~an amendment studies to achieve this reduced per capita average consumption, including the following "Best Management Practices (BMPs). . Increased residential density . More efficient landscape irrigation . More efficient Agriculture irrigation (within the City) . Use of storm water retention for park and agriculture irrigation . Re-use of treated wastewater for park and agriculture irrigation . Lo-flow and more efficient fixture retrofit and requirements for new developments . Commodity or conservation rates for metered use 1 _u ._ -.--- The City Public Works Department shall monitor water production and consumption on at least an annual basis to determine progress toward more efficient water utilization and reduced per capita average consumption. The City shall report known changes to regional estimates of safe annual yield of groundwater and/or formal adjustments to water resources due to revised allocations, reduction due to siltation, seismic safety or environmental mitigation measures, new studies of impacts of County Residential Rural and Residential Suburban Fringe Area development and South County Agriculture or urban water use. The Planning Commission recommended additional policy proposals to assure more efficient water use and reports on current average consumption by different land use types, densities and design factors, including agriculture, commercial, office, industrial and residential uses of various types and densities. The City will consider further mitigation and monitoring or reduction of further annexation or substantial development toward projected buildout when water use exceeds 90% of current estimated drought yield and/or if average per capita consumption is greater than 160 gpd for any three consecutive years after implementation of selected water efficiency and conservation measures, as determined by annual monitoring. The City will consider General Plan amendment to reduce build-out population potential if average per capita consumption reduction is not achieved by 2011, after next census. The City finds that it's current estimates of regional water resources available during drought periods may be more or less than the City's currehtly available municipal water supply sources as documented in the City of Arroyo Grande Water Master Plan and Urban Water ManaQement Plan. These water resources are also utilized by the Cities of Grover Beach and Pismo Beach, the Oceano and Nipomo Community Services Districts, the County of San Luis Obispo and hundreds of individual private agricultural and Rural and Suburban Residential wells. These other jurisdictions and users are not under the control of the City of Arroyo Grande. Continued agricultural irrigation and projected unincorporated area growth and development, particularly the responsibility of the County of San Luis Obis to manage make it infeasible for the City of Arroyo Grande to mitigate Water Resource impacts to potentially Less than Significant. Pursuant to Section 15092(c), the City of Arroyo Grande finds that the 2001 General Plan Update is a project which includes housing development and that the City has determined that there are other feasible specified mitigation measures available that will provide a comparable level of mitigation without reduction of the proposed number of housing units. These include the BMPs outlined in the Urban Water ManaQement Plan adopted by the City of Arroyo Grande in May, 2001. Air Qualitv Resources Build-out of the proposed 2001 General Plan Update will increase short-term construction related air quality impacts as well as long-term emission impacts. The County is considered in non-attainment by the State for ozone and respirable particulate matter, PM10. The proposed plan includes population projections after 2010 that exceed 18,676, the Clean Air Plan (CAP) build-out assumption, which requires CAP amendment to address regional air quality issues. The Update includes mixed use and compact community development and increased multi-modal alternative transportation intended to reduce trips and vehicle miles traveled compared to the current plan. But, transportation management strategies to encourage increased alternative modes are uncertain. 2 _....~_.- -~~- - 2001 General Plan Update objectives and policies that would partially mitigate these air quality impacts, within the control of the City include: C/OS2 LU5 and policies, LU5-1 through 5-11 LU6 and policies LU6-1 through 6-9 CT4 and policy CT4-1 H2 and policy H2-1 Until compliance with State air quality standard is attained and the Clean Air Plan is amended, however, potential regional air quality impacts can be reduced but not to a level of Less than Significant. Changes to the land use and circulation. pattem outside the City limits, particularly in the unincorporated County Residential Rural and Suburban Arroyo Grande Fringe Area require approval by the_County of San Luis Obispo as would continued regional growth in the Nipomo area of South County. Amendment of the Clean Air Plan is also beyond the control and jurisdiction of the City of Arroyo Grande, being the responsibility of the Air Pollution Control District (APCD). Transportation/Circulation Impacts The 2001 General Plan Update land use pattern is dependent on many regional circulation system improvements not yet resolved, including street segments and intersections that are projected as deficient for Level of Service 'C' established by the City. TheEIR identifies several major projects with cumulative traffic impacts that are potentially significant including 5) the Northern Sphere of Influence, 7) Village Core, 8) Fredericks/ALC and Williams, and 11 & 12) E. Grand Avenue and EI Camino Real Mixed Use. The objectives and policies of the 2001 General Plan Land Use and Circulation Elements particularly important for Transportation/Circulation impact mitigation include: Ag 1 and policy Ag1-5.1 C/OS1 and CIOS6 and policies C/OS1-1.3 and 1.4 and LU (Fringe) 1-5 and 1-6 LU3,4,5,6,7,8, 11 and 12 and policies LU3-2.3, LU3-4.2, LU3-6, LU4-1, LU5-1, LU5-3, LU5-6, LU5-7, LU5-8, LU5-8.2, LU5-8.3, LU5-9, LU5-10.1, LU5-11.3, LU5-11.4, LU6- 5, LU6-6, LU6-7, LU6-8, LU6-9, 9.1, 9.2, 9.3 and 9.4; LU7-1, LU7-5, LU7-6, LU7-8, , I LU8-1 & LU8-2; LU11-3, LU11-3.3, LU11-3.8, LU11-4.5; LU11-5.3, 5.4, 5.8, 5.9,; I LU11-6.3, 6.4, 6.7, 6.8; LU11-7; LU12-6; and 6.1; and LU12-7. The entire Circulation and Transportation Element N1, N2, N3, and N5 of the Noise Element. PR4, and policy PR4-1.1 and implementation measures PR4-1.2, 1.3, 1.4 and 1.5, and PR5-2.2 concerning trails, bike lanes and bikeways. Numerous Project Stu-dy Reports, Traffic Model Analysis of Circulation Element network. alternatives, and Project EIRs have been prepared to evaluate circulation impacts and possible mitigation measures. The City has established traffic impact mitigation fees, LOS 'C' policies for additional traffic studies, and imposed other specific mitigation measures on most new development projects. But despite these plans and programs, traffic impacts and circulation/transportation deficiencies are perceived to exist regardless of development scale or location. The Program EIR's Traffic Model Analysis illustrates many cumulative circulation/transportation or traffic impacts and provides some preliminary evaluation of possible mitigation measures. While the City can continue to improve its traffic impact mitigation studies, require project related improvements and commit local funding, it cannot feasibly reduce most cumulative traffic impacts to Less than Significant. 3 ---.- The regional nature of the circulation and transportation network makes it generally infeasible for the City to mitigate without regional, County, State, SLOCOG andlor other communities' cooperation. The most appropriate monitoring and reporting program associated with mitigation measures is the annual report on the General Plan status required pursuant to the Government Code. 4 ---- --- RESOLUTION NO. 3554 OFFICIAL CERTIFICATION I, KELLY 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 pe~ury, that Resolution No. 3554 is a true, full, and correct copy of said Resolution passed and ado~ted at a regular meeting of the City Council of the City of Arroyo Grande on the 9 day of October, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of October, 2001. tU-- E, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK - ".~--- --.--