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HomeMy WebLinkAboutReso 20-21 Plan Morro Bay Adoption & EIR Certification (1)RESOLUTION NO. 20-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING (i) FINDINGS OF FACT, (ii) A STATEMENT OF OVERRIDING CONSIDERATIONS, (ii) A MITIGATION MONITORING & REPORTING PROGRAM AND (iv) PLAN MORRO BAY: GENERAL PLAN/LOCAL COASTAL PROGRAM UPDATE PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 7, 2017 the City issued a Notice of Preparation of an Environmental Impact Report (EIR) for the General Plan/ Local Coastal Program Update project, also known as Plan Morro Bay (Project) for a 30 day period from November 7, 2017 to December 7, 2017; and WHEREAS, a public scoping meeting was held on November 21, 2017 at the Veteran's Memorial Building at 209 Surf Street in Morro Bay; WHEREAS, on October 16, 2020, a Notice of Availability of the Draft EIR (SCH#2017111026) for the Project was posted with the State Clearinghouse. It was also circulated to federal, state, and local agencies and interested parties requesting a copy. Copies of the Draft EIR were also made available to the public at the following location: • • City of Morro Bay Plan Morro Bay website: www.morrobayca.gov/planmb City Community Development Department: 955 Shasta Avenue, Morro Bay WHEREAS, the Draft EIR was prepared and circulation for a 45 day public review period from October 19, 2020 to December 4, 2020; and WHEREAS, on February 8, 2021, (,) Responses to Comments were prepared for all comments received on the Draft EIR and posted to the City website and (ii) a Final EIR for the Plan Morro Bay General Plan/ Local Coastal Program Update project (SCH#2017111026) which incorporates the DEIR and responses to written comments on the DEIR, was completed and released for public review; WHEREAS, duly noticed public hearings for the Public Draft of Plan Morro Bay were held by Planning Commission on August 7, 2018, August 23, 2018, September 4, 2018, December 4, 2018, and December 18, 2018; and WHEREAS, duly noticed public hearings for the Adoption Hearing Draft were held by Planning Commission on October 20, 2020, November 4, 2020, November 17, 2020, December 1, 2020, and December 15, 2020; and City Council Resolution #20-21 Plan Morro Bay: GP/LCP Update & EIR Certification Page 2 WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing via video conference on March 16, 2021 for the purpose of considering a favorable recommendation to the Morro Bay City Council for adoption of Plan Morro Bay@ General P lan/Local Coastal Program Update project and recommendation to certify the Final Environmental Impact Report (FEIR) ('Project"); and WHEREAS, the City Council of the City of Morro Bay (the "City") conducted a public hearings via video conference on April 27, 2021, May 11, 2021, and May 25, 2021, for the purpose of considering the favorable recommendation by the Planning Commission and for purposes of adoption of Plan Morro Bay: General Plan/Local Coastal Program Update project and certification of the Final Environmental Impact Report (FEIR) ("Project'); and WHEREAS, pursuant to the Governor's Executive Order N-29-20 issued on March 17, 2020 in response to the present State of Emergency in existence due to the threat of COVID-19, the City of Morro Bay Planning Commission is authorized to hold public meetings via teleconferencing and all requirements in the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived; and WHEREAS, notice of the public hearing was provided at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the written and oral staff report, presentation, public testimony on the FEIR and the Project, and whether the FEIR should be certified and whether the Project should be approved and WHEREAS, the written staff report regarding the FEIR and the Project are found to be true and accurate in all respects and is incorporated herein by this reference; WHEREAS, prior to the final consideration and any possible approval of any and all physical aspects of the Project as analyzed by the FEIR, the City Council and all City legislative bodies involved with the Project will consider the FEIR and the City Council recommends all other governmental agencies and legislative bodies that must review or approve if at all, the Project do the same, and WHEREAS, the City Council has completed review of the FEIR and related materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: S ection 1: The foregoing recitals are true and correct and incorporated herein. S ection 2: Based on substantial evidence, both written and oral, from the public meeting and in the record of proceedings, and the City Council's independent judgment, the City Council makes the following findings and takes the following actions with respect to the FEIR: City Council Resolution #20-21 Plan Morro Bay: GP/LCP Update & EIR Certification Page 3 A. The City Council has independently reviewed and considered the FEIR, including the comments received on the FEIR during the public review, and the responses to those comments. B. The FEIR reflects the City's and the City Council's independent judgment and is found and determined to have been completed in compliance with CEQA, and is adequate for the Project. C. The FEIR is found and determined to have demonstrated, with implementation of the mitigation measures described in the FEIR, the Project, if approved by the City Council and all other required governmental agencies and legislative bodies, will have no significant effect on the environment, except as discussed in Section 2. F., below. D. The FEIR is found and determined to have satisfied the requirements of CEQA and a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure effective implementation and enforcement of all adopted mitigation measures for the Project. E. The MMRP for the Project is hereby adopted, in order to mitigate or avoid significant effects on the environment, and further the City Council: 1. commits the MMRP will be included, as conditions of approval, expressly or by reference, for all approvals if any, of the Project by the Morro Bay City Council, Planning Commission and other City legislative bodies and staff and 2. recommends all other governmental agencies and legislative bodies that must review, approve, or issue permits for, the Project do so as well. F. As analyzed and determined in the FEIR, the project would result in significant and unavoidable impacts to air quality and transportation that would not be reduced to less than significant levels even with mitigation Based on that analysis, as required by CEQA section 15093, a statement of overriding considerations (SOC) has been prepared. Section 3: The documents and other materials that constitute the record of proceedings upon which adoption of this Resolution is based, are in the custody of the City of Morro Bay, Community Development Department, Planning Division, 955 Shasta Avenue, Morro Bay, CA 93442. The custodian of those documents is Scot Graham, Community Development Director. Section 4: Based upon all the foregoing, pursuant to CEQA, the City Council adopts A. the CEQA Findings of Fact, attached hereto as part of Attachment 1, and incorporated herein by this reference, B. the SOC, attached hereto as part of Attachment 1, and incorporated herein by this reference C. the MMRP, attached hereto as Attachment 2 and incorporated herein by this reference. City Council Resolution #20-21 Plan Morro Bay: GP/LCP Update & EIR Certification Page 4 S ECTION 5: Based upon all the foregoing, the City Council hereby certifies the FEIR. S ECTION 6: Based upon all the foregoing, the City Council hereby approves the Project and directs staff to pursue obtaining all necessary governmental permits, real property interests, financing, design, construction activities, and other related actions for the Project. S ECTION 7: This resolution will become effective immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 25th day of May, 2021 on the following vote: AYES: Headding, Addis, Barton, Davis NOES: Heller ABSENT: None ABSTAIN: None John ? eaddint, Mayor ATTEST Dana Swanson, City Clerk Attachment A to Council Resolution 20-21 FINDINGS OF FACT Morro Bay General Plan and Local Coastal Program (LCP) Update Project The City of Morro Bay (City) has prepared a Final Fnvironmental Impact Report (FEIR) pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code Section 21080[d]) and the State CEQA Guidelines (14 California Code of Regulations Section 15063) evaluating potential environmental effects that may result from the proposed Morro Bay General Plan and Local Coastal Program (LCP) Update Project, also known as Plan Morro Bay (project). These Findings of Fact have been prepared for the project pursuant to State CEQA Guidelines Sections 15091 and 15093. Certification of Final EIR In accordance with State CEQA Guidelines Section 15090, the City, as lead agency for the project, certifies: (a) The FEIR for the project has been completed and processed in compliance with the requirements of CEQA; (b) The FEIR was presented to the Morro Bay City Council, and as the decision -making body for City, the Morro Bay City Council reviewed and considered the information contained in the FEIR prior to approving the project (c) The FEIR reflects the City's independent judgment and analysis. With the adoption of these findings, the City has exercised independent judgment in accordance with Public Resource Code (PRC) subdivision 21082.1(c) while retaining its own environmental consultant, i.e , directing the consultant in preparation of the entire FEIR as well as reviewing, analyzing, and revising material prepared by the consultant. These Findings of Fact have been prepared in accordance with CEQA and State CEQA Guidelines. The purpose of these Findings of Fact is to satisfy the requirements of PRC section 21081 and Sections 15090, 15091, 15092, 15093, 15094, and 15097 of the State CEQA Guidelines, in connection with the approval of the Morro Bay General Plan and Local Coastal Program (LCP) Update Project. 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 1 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 Before project approval, the FFIR must be certified pursuant to Section 15090 of the State CEQA Guidelines. Additionally, the City must make one or more of the following findings in its Findings of Fact, accompanied by a brief explanation of the rationale, pursuant to Section 21081 and Section 15091 of the State CEQA Guidelines, for each identified potentially significant adverse impact: (1) Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects as identified in the FEIR. (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 considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. The City has made one or more of the specific written findings above regarding each potentially significant impact associated with the project. Those findings are presented here, along with a presentation of facts in support of the findings The proposed mitigation measures identified as feasible and within the City's authority to implement for the approved project become express conditions of approval that the City commits and binds itself to upon project approval. These requirements are referenced in the Mitigation Monitoring and Reporting Plan (MMRP) adopted concurrently with these Findings of Fact and will become effective and implemented, as applicable, through project implementation (i.e., pre -construction, construction, post -construction, operation and routine maintenance). Section 15092 of the State CEQA Guidelines states after consideration of an EIR, and in conjunction with the Section 15091 findings identified above, the lead agency may decide whether or how to approve or carry out the project. The lead agency may approve a project with unavoidable significant adverse environmental effects only when it finds that specific economic, legal, social, technological, or other benefits of the project outweigh those effects. Section 15093 of the State CEQA Guidelines requires the lead agency to document and substantiate any such determination in a "Statement of Overriding Considerations" as a part of the record. As required by CEQA, the City Council expressly finds the FEIR for the Morro Bay General Plan and Local Coastal Program (LCP) Update reflects the City's independent review and judgment. In accordance with the provisions of CEQA and the State CEQA Guidelines, the City adopts these Findings of Fact as part of its cer tification of the FEIR. A brief explanation of the rationale for each finding is provided in Chapters 4, 5, 6 and 7. Organization of CEQA Findings of Fact The content and format of these CEQA Findings of Fact are designed to meet the latest CEQA Statutes and Guidelines. This document is organized into the following sections: Morro Bay General Plan and Local Coastal Program (LCP) Update 2 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact Chapter 1, Project Description describes the location, project overview, project objectives, and the required permits and approvals for the project. Chapter 2, CEQA Review and Public Outreach describes the steps the City has undertaken to comply with the State CEQA Guidelines as they relate to public input, review, and participation during the preparation of the Draft and Final EIR. Chapter 3, Impacts Determined to be Less than Significant provides a summary of those environmental issue areas where no reasonably foreseeable impacts would occur and those impacts determined to be below the threshold of significance without the incorporation of mitigation measures. Chapter 4, Less -than -Significant Environmental Impacts with Mitigation provides a summary of potentially significant environmental impacts for which implementation of proposed feasible mitigation measures would avoid or substantially reduce the environmental impacts to less -than -significant levels. Chapter 5, Significant and Unavoidable Environmental Impacts provides a summary of potentially significant and significant environmental impacts for which no feasible mitigation measures are identified, or for which implementation of proposed feasible mitigation measures would not avoid or substantially reduce the environmental effects to less -than -significant levels. This section also provides specific written findings regarding each significant impact associated with the project. Chapter 6, Project Alternatives provides a summary of the alternatives considered for the project and provides specific written findings regarding each alternative associated with the project. Chapter 7, Statement of Overriding Considerations discusses economic, legal, social, technological, and/or other benefits including City-, region- or state-wide environmental benefits, of the project against the significant and unavoidable environmental impacts of the project. Record of Proceedings The documents and other matey ials that constitute the record of proceedings upon which the City's project approval is based are located at the City offices: 955 Shasta Avenue, Morro Bay, CA 93442. The City is the custodian of such documents and other material that constitute the record of proceedings. The record of proceedings is provided in compliance with PRC subdivision 21081.6(a)(2) and Subdivision 15091(e) of the State CEQA Guidelines. Program Level Analysis A program EIR (State CEQA Guidelines section 15168) is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 3 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 1) Geographically, 2) A logical parts in the chain of contemplated actions, 3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or 4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. The FEIR for the project provides an analysis of potential impacts of all construction, operational and routine maintenance actions and activities reasonably foreseeable with implementation of the project. The FEIR is as an infoimational document for use in the City's review and consideration of the project. As a programmatic document the FEIR presents and discloses a region -wide assessment of the environmental impacts of the project. Morro Bay General Plan and Local Coastal Program (LCP) Update 4 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment A to Council Resolution 20-21 CHAPTER 1 Project Description The City, as the lead agency, is adopting the project as described in the Draft EIR and amended in the Final EIR. The following is a brief overview of the project description. 1.1 Project Location The City's General Plan addresses all land within the city limits and surrounding areas, including the sphere of influence (SOI). The City has a total planning area of over 14 square miles. The area inside the city limits is approximately 5 square miles. The remaining nine square miles in the planning area are not currently part of the city. While properties outside the city limits are currently under the jurisdiction of the County of San Luis Obispo, they relate to Morro Bay's identity and character, and are therefore included in the General Plan and LCP Update planning area. 1.2 Project Overview The project analyzed in the FEIR is the City's General Plan and Local Coastal Program (LCP) Update also known as Plan Morro Bay. The project is a comprehensive update of the City's 1988 General Plan and 1984 LCP. Each element of the plan addresses different aspects of the community and identifies measurable actions to guide residents, decision -makers, businesses, and City staff toward achieving the vision. Goals established within the General Plan and LCP Update are intended to help the community enhance and maintain its identity as a seaside community that values its charming artistic town character, working waterfront, and healthy environment and lifestyle, while guiding the city toward a more sustainable future. The General Plan and LCP Update establishes overarching City policies and priorities that describe how the community intends to use and manage its physical, social, and economic resources. The LCP consists of the City's Land Use Plan, Local Implementation Plan, portions of the Zoning Code, land use and zoning maps, and implementing actions. As a package, these components implement the Coastal Act at the local level in Morro Bay The adopted and certified LCP forms the legal standard of review for issuance of Coastal Development Permits within the city's coastal zone and is legally binding on the City. The LCP may be amended to stay up to date with State laws and to continue to reflect the vision of the community. The California Governor s Office of Planning and Research recognizes the relationship between General Plans and LCPs for coastal cities and recommends that both requirements be addressed 01181.0001/712396.1 JPANNONE ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 5 Findings of Fact March 2021 Preliminary —Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 by integrating the General Plan and the LCP. An integrated plan allows the community to apply the vision and requirements for both documents in a comprehensive manner, facilitating a unified and efficient approach to complying with both California general plan law and the California Coastal Act. Because parts of the city are located outside of the coastal zone, with the remainder and majority of the city located in the coastal zone, the City has found it appropi late to follow OPR's recommendation and integrate the updated General Plan and LCP. The land use classifications included in the General Plan and LCP define the basic categories of land use allowed in the city and ate the basis for the zoning districts established in the Morro Bay Municipal Code, which contain more specific regulations and standards governing development o n individual properties. Implementation of land use policies established by the General Plan and LCP Update would alter the development capacity associated with the planned distribution of land uses described in the Land Use Element, resulting in anticipated increases in residential and non-residential levels of development. The City's population is estimated to be approximately 12,062 people in the year 2040. The General Plan and LCP Update does not specify a maximum population for the City. However, any growth in the City must be consistent with Measure F, a voter -approved growth management o rdinance that limits the city to 12,200 residents. Full buildout of the General Plan and LCP Update would result in an estimated 881 new dwelling units in the City. The maximum possible n umber of residential units is determined by the maximum densities allowed for each land use designation and the amount of land area within that designation. However, this maximum number of units is unlikely to be reached because every residential parcel in the City would need to be developed to its maximum potential density, which is not anticipated for all parcels under actual buildout conditions due to site constraints and other factors. To maintain consistency with the General Plan and LCP Update, the project also includes a comprehensive Zoning Code Update which includes the Coastal Implementation Plan Amendments included as part of the project include: • Updating the allowed uses in all zones as necessary for consistency with the General Plan Land Use Designations. Establishing new zoning district(s) as necessary to implement the General Plan and LCP Update. Updating other development standards as necessary to implement the General Plan and LCP Update. This will include maximum height, setbacks, design standards and other standards. • • • Updating administration and permitting to integrate coastal permit processes. 1.3 Project Need and Objectives State law (Government Code sections 65300 through 65303.4) sets forth the requirement for each municipality to adopt and periodically update its General Plan, and sets the requirement that a General Plan contain the following mandatory subject areas, or "elements", including Land Use, Morro Bay General Plan and Local Coastal Program (LCP) Update 6 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact Circulation, Housing, Open Space, Conservation, Noise, Safety, and Environmental Justice. California adopted Senate Bill 1000 on Septembei 24, 2016 requiring cities to develop an Environmental Justice element, or related environmental justice goals and policies to reduce the unique or compounded health risks in "disadvantaged communities. ' Cities are required to incorporate environmental justice goals and policies into their general plan when they update two or more general plan elements on or after January 1, 2018. State law also allows for optional elements that can be organized or combined at the City's discretion. The General Plan and LCP Update includes the required subjects/elements as well as two additional elements, Community Design and Economic Development. The environmental justice content required by SB 1000 is included in the Environmental Justice Element of the General Plan and LCP Update. The General Plan and LCP Update is intended to function as a policy document to guide land use decisions within the city planning area through the year 2040. The vision for the city over the next 20 to 30 years was developed with community input, and in order to realize the community's vision for the Morro Bay community, the City focuses on the following objectives identified in the General Plan and LCP Update: • Natural Environment. Sustainably preserve our estuary, shoreline, and open green spaces, and ensure our parks and recreation spaces are healthy, resilient, and accessible to all. • Heritage & Identity. Welcome visitors while maintaining our small-town character and honoring our maritime heritage. • Jobs & Housing Provide for a range of affordable housing options and living wage jobs resulting in a higher quality of life. • Fconomic Vitality. Support our diverse and sustainable economy for both new and existing locally owned businesses including community -supporting tour ism. Infrastructure & Amenities. Maintain and provide model n, resilient infrastructure and public amenities. • Mobility & Access. Provide safe and accessible streets trails, and multimodal transportation options which conveniently connect people and places throughout town and to surrounding destinations. • Good Governance. Maintain our government which is supportive, collaborative, equitable, and responsive to the needs of all segments of the population. • Resident Services. Provide a range of public services that support a diverse and multigenerational community. • 1.4 Discretionary Actions An EIR is a public document used by a public agency to analyze the potentially significant environmental effects of a proposed project, to identify feasible alternatives, and to disclose possible ways to substantially reduce or avoid such impacts to the physical environment (CCR, Title 14, section 15121). As an informational document, an EIR does not recommend for or 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 7 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 against approval of a project. The main purpose of an FIR is to inform governmental decision makers and the public about the potential environmental impacts of a proposed project. The information and analysis in the FFIR will be used by the Morro Bay Planning Commission City Council, and the general public. The California Coastal Commission would be a responsible agency for certification of the General Plan and LCP Update, 7oning Code Update, and Coastal Implementation Plan included in the project. Although not responsible agencies under CEQA, several other agencies have review authority over aspects of the project or approval authority over other projects that could potentially be implemented in accordance with various objectives and policies included in the General Plan and LCP Update. These agencies and their roles are listed below. • The State Geologist is responsible for the review of the City's program for minimizing exposure to geologic hazards and for regulating surface mining activities. • The California Department of Transportation (Caltrans) has responsibility for approving future improvements to the state highway system, including State Route 1 (SR 1) and State Route 41 (SR 41) West. • The California Department of Fish and Wildlife (CDFW) has responsibility for issuing take permits and streambed alteration agreements for any projects with the potential to affect plant or animal species listed by the State of California as rare, threatened, or endangered or that would disturb waters of the State. Morro Bay General Plan and Local Coastal Program (LCP) Update 8 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment A to Council Resolution 20-21 CHAPTER 2 CEQA Review and Public Outreach The City has complied with CEQA and the State CEQA Guidelines during the preparation of the FEIR for the General Plan and LCP Update. In accordance with Section 15082 of the State CEQA Guidelines, an initial Notice of Preparaton (NOP) was circulated to local, state, and federal agencies and to other interested parties in November 2017. Copies of the NOP and project documents were made available on the City website (www.morrobay.gov); at the Morro Bay Public Library (625 Harbor Street, Morro Bay); at City Hall (595 Harbor Street, Morro Bay); and in the Community Development Department (955 Shasta Avenue, Morro Bay). In response to the NOP, comments were received from various organizations and interested parties. The NOP, scoping meeting material and reports, and comments received on the NOP are included in Appendix A of the FEIR. The Draft EIR was circulated for public review and comments from October 2020 through December 2020, initiating a 45-day public review period pursuant to CEQA and its implementing guidelines. The document and Notice of Completion (NOC) was distributed to the California Office of Planning and Research, State Clearinghouse. Relevant agencies also received copies of the document. A Notice of Availability (NOA) was distributed to interested parties, which informed them of where they could view the document and how to comment. The purpose of the 45-day review period was to provide interested public agencies, groups and individuals the opportunity to comment on the contents and accuracy of the document. During the public comment period, copies of the Draft EIR were made available for review at the following locations: • City of Morro Bay website (www.morrobay.gov); and • Morro Bay Community Development Department (955 Shasta Avenue, Morro Bay). The FEIR has been completed and includes written and verbal comments received on the Draft EIR, responses to the comments, and changes made to the Draft EIR. 01181.0001/712396.1 JPANNONE ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update Findings of Fact 9 March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 CHAPTER 3 Impacts Determined to be Less than Significant The following potential environmental impacts of the General Plan and LCP Update are less than significant and do not require mitigation measures. 3.1 Agricultural Resources The General Plan and LCP Update would not result in impacts to or conflict with zoning of agricultural or forestry resources. All of the agricultural land in Morro Bay is located in the coastal zone and is protected under the Coastal Act. The General Plan and LCP Update would not conveit or conflict with existing zoning for agricultural resources in the planning area. Policies in the Land Use, Open Space, and Public Safety Elements of the General Plan and LCP Update would piotect the existing agricultutal resources in the planning area and ensure that adverse impacts to such resources are avoided or minimized to a less than significant level. The General Plan and LCP Update planning area does not contain any lands zoned for forest land or timberland production and the General Plan and LCP Update would not conflict with existing zoning for, or cause rezoning of, forest land, timber land or conversion of forest land to non - forest use. Impacts to agricultutal and forestry resources would be less than significant. (FEIR p.6-1.) 3.2 Aesthetics The General Plan and LCP Update would not result in adverse effects on scenic vistas or scenic resources. Policies identified in the General Plan and LCP Update would help preserve existing scenic vistas by requiring identification, designation, and protection of viewsheds and scenic ✓ istas and by requiring new development to incorporate design features that protect or enhance e xisting scenic views and vistas. New developrent or redevelopment facilitated by the General Plan and LCP Update would also be subject to the updated standards in the City Zoning Code that regulate signage design, and protection of visual resources in the city. Compliance with the City s updated Zoning Code tequirements and the goals and policies proposed in the General Plan and LCP Update would protect scenic resources, including historic buildings, upon development and redevelopment facilitated by a project. As a result, impacts to scenic vistas and scenic resources would be less than significant. (FEIR p. 4.1-11—4.1-13.) The General Plan and LCP Update would not substantially degrade the existing visual character o r quality of the city and its surroundings. Development facilitated by the General Plan and LCP Update would result in visual changes to the community and would be governed by the goals and 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 10 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact policies as well as the associated updates to the standards contained in the City's Zoning Code. These plans and community standards have been developed with the goal of retaining Morro Bay's visual character, while providing visual enhancements in the city. Compliance with existing standards and General Plan and LCP Update goals and policies would ensure redevelopment or new development complements the existing visual character and quality of Morro Bay. Impacts to the visual character of the city would be less than significant (FEIR p 4.1- 13-4.1-17.) The General Plan and LCP Update would not create new sources of substantial light of glare that would adversely affect day or nighttime views in the area. Implementation of Genial Plan and LCP Update Conservation Element policies would ensure the updated Zoning Code establishes standards to prevent glare and protect the character of the city fi om inappropriate levels of lighting. Future development facilitated by the General Plan and LCP Update would be required to submit a lighting plan that complies with updated Zoning Code standards. Future discretionary development in the City would require independent environmental r eview that would evaluate project -specific light and glaie effects and subsequent mitigation, if required, to comply with standards for lighting and building materials to prevent glaie. Impacts associated with new sources of light and glare would be less than significant. (FFIR p. 4.1-18.) 3.3 Air Quality The General Plan and LCP Update would not expose sensitive receptors to substantial pollutant concentrations. The General Plan and LCP Update would allow for development of new residences and other sensitive receptors in proximity to industrial uses, which could result in exposure of sensitive receptors to elevated concentrations of TACs. Compliance with existing applicable regulations, San Luis Obispo Air Pollution Contiol District (SLOAPCD) permitting requirements and General Plan and LCP Update policies would minimize risks associated with criteria pollutant and TAC emissions. The General Plan and LCP Update would not generate levels of traffic that would expose sensitive receptors to substantial pollutant concentrations, or result in new development that would expose sensitive receptors to hazards associated with naturally occurring asbestos. Impacts associated with exposure of sensitive receptors to substantial pollutant concentrations would be less than significant. (FEIR p. 4.2-21 — 4.2-24.) The General Plan and LCP Update would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Implementation of the General Plan and LCP Update, and future projects, would be required to comply with SLOAPCD regulations prohibiting nuisance emissions (including odors). Impacts associated with other nuisance emissions including odors, would be less than significant (FEIR p. 4.2-25.) 3.4 Biological Resources The General Plan and LCP Update would not have a substantial adverse effect on any riparian habitat or other sensitive natural community and would not have a substantial adverse effect on state or federally protected wetlands. Wetlands and waterways may be subject to USACE, 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local coastal Program (LCP) Update 11 Findings of Fact March 2021 Preliminary —Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 RWQCB and/or CDFW jurisdiction(s), as well as subject to the CCA. Compliance with the requirements of the CWA, Portei-Cologne, California Fish and Game Code and CCA would be required foi any project proposed under the General Plan and LCP Update. New development or redevelopment facilitated by the General Plan and LCP Update would also be subject to the standards in the Municipal Code relating to sensitive natural communities, ESHA wetlands and riparian areas in the city. Compliance with City's updated Municipal Code requirements and the goals and policies pioposed in the General Plan and LCP Update would protect wetlands, riparian areas, streams and other sensitive natural communities from potential impacts associated with development and redevelopment facilitated by the project. Impacts associated with riparian habitats and wetlands would be less than significant. (FEIR p. 4.3-38 - 4.3-40.) The General Plan and LCP Update would not conflict with any local policies or ordinances pt otecting biological resources and would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, tegional, or state habitat conservation plan. The planning area is not within the boundaries of any of aforementioned plans, nor is it immediately adjacent to such a plan Future development under the General Plan and LCP Update would be subject to all applicable local policies and regulations, including applicable requirements of the Morro Bay Municipal Code, related to the protection of important biological resources. Impacts associated with conflicts to local policies, plans or ordinances protecting biological resources would be less than significant. (FEIR p. 4.3- 42.) 3.5 Cultural Resources The General Plan and LCP Update would not disturb any human remains, including those interred outside of dedicated cemeteries. Adherence to existing regulations, such as PRC section 5097, California Health and Safety Code (sections 7050.5, 7051, and 7054), and PRC section 5097.98, would ensure regulations are established prohibiting interfering with human burial remains; protect human remains from disturbance, vandalism, of destruction; and establish procedures to be implemented if Native American skeletal remains are discovered. Impacts associated with the disturbance of human remains would be less than significant. (FEIR p. 4.4 12.) 3.6 Energy The General Plan and LCP Update would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy iesources, during construction or operation. The General Plan and LCP Update is based on a land -use strategy that would promote greater energy efficiency in community and municipal operations. General Plan and LCP Update policies and implementation programs would ensure that development under the General Plan and LCP Update would comply with existing energy efficiency regulations. Impacts associated with the wasteful, inefficient, or unnecessary consumption of energy resources would be less than significant. (FEIR p. 4.16-12 - 4.16-16.) Morro Bay General Plan and Local Coastal Program (LCP) Update 12 Findings of Fact Preliminary — Subject to Revision March 2021 Attachment A to Council Resolution 20-21 Findings of Fact The General Plan and LCP Update would not conflict with energy efficiency goals contained in the City s Climate Action Plan. Construction and operation of projects facilitated by the General Plan and LCP Update would comply with relevant provisions of the State's CALGreen Program and Title 24 of the California Fnergy Code. Impacts associated with conflicts with energy efficiency policies, plans, and ordinances would be less than significant. (FEIR p. 4.16-17.) 3.7 Geology and Soils The General Plan and LCP Update would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, strong seismic ground shaking, seismic -related ground failure/collapse, liquefaction, landslides unstable soil, lateral spreading, or subsidence. Construction and occupancy of new buildings under the General Plan and LCP update could result in exacerbated hazards associated with geologic hazards. Adherence to requirements of the California Building Code and implementation of the goals and policies of the General Plan and LCP update would minimize the potential for loss, injury, or death following a seismic event, landslide liquefaction, or other geologic ha7ards. Impacts associated with adverse geologic ha7ards would be less than significant. (FEIR p. 4.5-12 — 4.5-14.) The General Plan and LCP Update would not result in substantial soil erosion or the loss of topsoil. New development under the General Plan and LCP Update would involve construction activities such as stockpiling, grading, excavation, paving and other earth disturbing activities. These construction activities may result in loose and disturbed soils, which can increase the potential for erosion and loss of topsoil, however, compliance with applicable regulations, including the Clean Water Act, and implementation of the goals and policies of the General Plan and LCP Update, would support erosion minimization and control loss of topsoil. Impacts associated with soil erosion and loss of topsoil would be less than significant. (FEIR p. 4.5-14 — 4.5-17.) The General Plan and LCP Update would not be located on expansive soils, creating substantial risks to life or property. The CBC includes requirements to address soil -related hazards. Typical measures to treat hazardous soil conditions involve removal, pioper fill selection, and compaction. Compliance with the soil -related hazard requirements of the CBC as well as Section 14.18.010 of the Morro Bay Municipal Code, requiring structural analysis of buildings to be conducted by a civil or structural engineer or architect licensed by the state, would ensure that impacts related to expansive soils would be addressed prior to and during construction. Implementation of goals and policies of the General Plan and LCP Update, in addition to compliance with applicable laws and regulations for structural development to address soil - related hazards, would minimize the potential for risks to life or property associated with soil expansion. Impacts associated with expansive soils would be less than significant. (FEIR p. 4.5 17-4.5-18.) The General Plan and LCP Update would not facilitate development on soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. In 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 13 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 general, new development under the General Plan and LCP Update would occur where existing roads, water, and sewer systems are in place, minimizing the need to develop new wastewater disposal systems. Section 13.12.230 of the Morro Bay Municipal Code prohibits dumping or discharging from septic tanks, avoiding impacts to soils from such systems. Therefore, the General Plan and LCP Update would not result in a significant impact associated with soils that are incapable of suppot Ling septic tanks or alternative wastewater disposal systems. Impacts associated with alternative wastewater systems would be less than significant. (FEIR p 4.5-18.) The General Plan and LCP Update would not directly or indirectly destroy a unique paleontological resource, site or unique geologic feature. The Pismo Formation and Pleistocene - aged alluvial deposit geologic units in the vicinity of Morro Bay are known to contain substantial paleontological resources. However, there is no mapped Pismo Formation within city limits, and fossil -bearing sediments in the Morro Bay area ate predominantly located on State packs land and offshore. Implementation of the General Plan and LCP Update goals and policies would reduce potential adverse impacts to paleontological resources in the planning area Impacts associated with paleontological resources would be less than significant (FEIR p. 4.5-18 — 4.5-19.) 3.8 Greenhouse Gas Emissions The General Plan and LCP Update would not generate greenhouse gas emissions, either directly of indirectly that may have a significant impact on the environment or would conflict with an applicable plan, policy or regulation adopted foi the purpose of reducing the emissions of greenhouse gases. Implementation of General Plan and LCP Update Conservation Element Policy C-4.1 would establish GHG teduction goals consistent with the State's 2030 and 2050 greenhouse gas emissions reduction goals. Conservation Element Policies C-4.2, C-4.3, and C-4.4 require the City to update the CAP to comply with evolving state goals and requirements and would ensure that the CAP continues to provide measures for future development projects in the planning area to assess their consistency with City GHG reduction goals. The General Plan and LCP Update would be consistent with regional and State plans, policies, and regulations adopted for the purpose of reducing GHG emissions. Impacts associated with the emission of greenhouse gas emissions would be less than significant. (FEIR p. 4.6-12 — 4.6-17.) 3.9 Hazards and Hazardous Materials/Wildfire Implementation of the General Plan and LCP Update could result in an incremental increase in the overall routine transport, use, storage, and disposal of hazardous materials in the planning area, and increase the risk of release of hazardous materials. Oversight by the appropriate federal State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public's potential exposure to these substances. Compliance with applicable regulations ►elated to the handling transport, disposal and storage of hazardous materials and adheience to proposed General Plan and LCP Update policies would minimize the risk of spills and the public's potential exposure to these substances and reduce the risk of adverse impacts of hazardous Morro Bay General Plan and Local Coastal Program (LCP) Update 14 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact materials. Impacts associated with the routine transport, use, storage, and disposal of hazardous materials would be less than significant. (FEIR p. 4.7-14 — 4.7-16.) New development of residential, industrial, and commercial uses facilitated by the General Plan and LCP Update could result in increased use and storage of hazardous materials within one quarter mile of existing or pi oposed schools. Compliance with regulatory requirements of the San Luis Obispo County EHS and existing applicable State and federal regulations would minimize the risks associated with exposure of sensitive receptors to hazardous materials. Impacts associated with increased exposure of existing or proposed schools to hazardous materials would be less than significant. (FFIR p. 4.7-16 — 4.7-17.) The General Plan and LCP Update would not create a significant hazard to the public or the environment result in by locating projects on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5. Compliance with Policy PS-4.4 of the Public Safety Element directs the City to work with appropriate regulatory agencies in managing contaminated sites and is intended to facilitate compliance with regulatory requirements related to hazardous waste contamination. In addition, existing federal and State regulatory requirements associated with hazardous waste contamination would minimize this impact. New development on documented hazardous materials sites in the planning area would be preceded by remediation under the supervision of applicable regulatory agencies. Impacts associated with development on potential hazardous material sites would be less than significant. (FEIR p. 4.7-17 — 4.7-18.) The General Plan and LCP Update would not result in a safety hazard or excessive noise for people residing or working in the project area The planning area is not located in an airport land use plan area or associated safety zones associated with runway activities. Impacts associated with exposure to aviation hazards or excessive aviation related noise would be less than significant. (FEIR p. 4.7-18.) The General Plan and LCP Update would not impair implementation of of physically interfere with an adopted emergency response plan or emergency evacuation plan. Fite Department review of new development applications for adequate emergency access and evacuation routes, in addition to implementation of the General Plan and LCP Update Public Safety Element policies, would ensure adequate emergency response. Proposed policies and mapped evacuation routes in the General Plan and LCP Update would ensure effective emergency response following a natural or human -caused disaster. Impacts associated with conflicts with emergency response/evacuation plans would be less than significant. (FEIR p. 4.7-19.) The General Plan and LCP Update planning area includes a designated very high fire hazard area. However, land use designations would limit new development within designated very high fire hazard areas to recreational uses. State requirements for very high fire hazard areas include California Fire Code standards for new structures and fire hazard policies in the General Plan and LCP Update apply to fire hazard areas. Fire Department review of new development applications for adequate emergency access and evacuation routes, in addition to implementation of the General Plan and LCP Update Public Safety Element policies, would ensure adequate emergency 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update Findings of Fact 15 March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 response. Additionally, goals and policies included in the General Plan and LCP Update would minimize exposure of people or structures to risk of loss, injury, or death involving wildland fires. Impacts associated with exposure to fire hazards would be less than significant. (FEIR p. 4.7-20 — 4.7-22.) 3.10 Hydrology and Water Quality The General Plan and LCP Update would not conflict with or obstruct implementation of a water quality control plan or degrade surface water quality by violating any water quality standards or waste discharge requirements. Compliance with NPDES permits requirements, Morro Bay Municipal Code requirements, and General Plan and LCP Update goals and policies would minimize erosion and siltation, reduce the risk of discharge of pollutants to avoid violations of water quality standards or waste discharge requirements, and minimize potential impacts of sea level rise. Implementation of these General Plan and LCP Update goals and policies would also ensure that the runoff from development envisioned in the General Plan and LCP update would not exceed the capacity of the City's existing and future storm dram system and minimize potential flooding impacts. Impacts associated with the degradation of water quality and conflicts with water quality plans would be less than significant. (FFIR p. 4.8-15 — 4.8-21.) The General Plan and LCP Update would not impede sustainable groundwater management of the basin by conflicting with or obstruct implementation of a sustainable groundwater management plan, substantially decreasing groundwater supplies, or interfering substantially with groundwater recharge. Compliance with the Morro Bay Municipal Code and the Centtal Coast RWQCB's post -construction requirements for stormwater management would ensure that new impervious surfaces would not substantially interfere with groundwater recharge. The City evaluates water supply in the OneWater Plan and has determined that there is adequate water supply to serve butldout of the General Plan and LCP Update. Impacts associated with groundwater recharge and conflicts with groundwater management plans would be less than significant. (FEIR p. 4.8-21 — 4.8-21.) The General Plan and LCP Update would not substantially alter existing drainage patterns or contribute to flooding in the City, including through the alteration of the coutse of a stream or river, dam inundation, or through the addition of impervious pavements. Implementation of goals and policies and compliance with applicable laws and regulations, including flood hazard mitigation construction guidelines outlined in the Morro Bay Municipal Code, would ensure that risk of loss, injury or death involving flooding in the planning area is not exacerbated by the General Plan and LCP Update. Required compliance with applicable sections of the Morro Bay Municipal Code would ensure new structures would not impede or redirect flood flows within a 100-year flood hazard area, such that a flood hazatd would be increased elsewhere. Impacts associated with altered drainage patterns and flooding would be less than significant. (FEIR p. 4.8-22 — 4.8-24.) The General Plan and LCP Update would not risk release of pollutants due to project inundation in a tsunami or seiche zone. Development facilitated by the General Plan and LCP Update may Morro Bay General Plan and Local Coastal Program (LCP) Update 16 Findings of Fact Preliminary —Subject to Revision March 2021 Attachment A to Council Resolution 20-21 Findings of Fact occur in areas exposed with potential for inundation by seiche, tsunami, and/or mudflow. Compliance with applicable Municipal Code requirements would ensure development within areas subject to tsunami, seiche, and mudflow would be sited, designed and constructed so as to not exacerbate risks to life and property. The General Plan and LCP Update would not increase exposure of people or structures to significant risk or loss, injury, or death involving inundation by seiche, tsunami, or mudflow. Impacts associated with exacerbating risk of releasing pollutants due to inundation would be less than significant. (FEIR p. 4.8-24 — 4.8-26.) 3.11 Land Use and Planning The General Plan and LCP Update would not physically divide an established community. New growth in the planning area would primarily involve increased development density in developed areas, redevelopment of existing developed parcels, or annexation of new land into the city. General Plan and LCP Update goals and policies would facilitate connectivity and mobility by providing for a balanced land use pattern and access throughout the planning area. This connectivity would be provided through equitable access for residents and employees to daily needs, strategic land use planning for new development and redevelopment, reduction in conflict between land uses, and preservation and provision of lateral and vertical access points and multirnodal access. The General Plan and LCP Update includes strategies, goals, and policies intended to provide for orderly development. Impacts associated with dividing an established community would be less than significant. (FEIR p. 4.9-8 — 4.9-14.) The General Plan and LCP Update would not cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Required updates to the Zoning Ordinance and Zoning Map in the Morro Bay Municipal Code to ensure consistency with the General Plan and LCP Update, which are currently being prepared by the City, will ensure compatibility between the land use designations and zoning districts and standards within the planning area. In addition, San Luis Obispo LAFCo has a goal to update SOIs every five years, or as necessary. Future amendments to the Morro Bay SOI being contemplated as part of the General Plan and LCP Update would be implemented in coordination with LAFCo and the County of San Luis Obispo and would be required to be consistent with applicable LAFCo policy. With a comprehensive update to the city's zoning ordinance and zoning map in conjunction with the General Plan and LCP Update, implementation of the General Plan and LCP Update would be consistent with applicable regional land use plans, policies, and regulations, such as the SLOCOG 2019 RTP and city zoning districts and standards. Impacts associated with conflicts with land use plans, policies, and regulations would be less than significant. (FEIR p. 4.9-14 — 4.9-19.) 3.12 Mineral Resources As described in the Community Baseline Assessment for the General Plan and LCP Update, there are no existing mineral extraction operations in Morro Bay. The state geologist has not designated a mineral resource area of statewide or regional significance pursuant to Sections 2710 et seq of the Public Resources Code (the Surface Mining and Reclamation Act) in the city. Similarly, the 01181.0001/712396.1 JPANNONE_ALVVY Morro Bay General Plan and Local coastal Program (LCP) Update 17 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 County of San Luis Obispo has not designated any Extractive Resource Areas in or adjacent to the City. According to the Division of Oil, Gas & Geotheimal Resources well data, there are no existing or historic petroleum wells in the city. Therefore, the General Plan and LCP Update would have no impact from the loss of availability of mineial resources (FEIR p. 6-2). 3.13 Noise Construction of individual projects facilitated by the General Plan and LCP Update would temporarily produce high noise levels, potentially affecting nearby noise -sensitive land uses. The temporary nature of construction noise and the City s restrictions on the timing and manner of construction activities described in the Mono Bay Municipal Code would reduce noise impacts at nearby noise -sensitive receptors. General Plan and LCP Update Noise Element goals and policies further reduce potential impacts to noise -sensitive receptors from tempoiary construction noise. Compliance with existing standards and General Plan and LCP Update goals and policies would ensure construction activity associated with redevelopment or new development would limit noise disturbance at noise -sensitive receptors in the city. Impacts associated with the generation of high noise levels during construction would be less than significant. (FEIR p. 4.10-14 — 4.10- 16.) Development facilitated by the General Plan and LCP Update could incrementally increase traffic and associated noise levels along roadways in Morro Bay, exposing noise -sensitive land uses located near roadways to incrementally greater noise levels. However, implementation of General Plan and LCP Update polices promote the use of design features and techniques intended to minimize roadway noise affecting sensitive receptors and in order to maintain compliance with the City's interior and exterior noise standards. Policies also encourage the use of alternative transportation in order to minimize increases in traffic that would result in increased noise in the planning area. Policies for transportation -related noise would reduce noise and avoid generation of excessive noise from the local highways and city streets, which would minimize the exposure of sensitive receptors to traffic noise. Impacts associated with increased roadway noise would be less than significant. (FF IR p. 4.10-17 — 4.10-23.) New development facilitated by the General Plan and LCP Update would introduce new operational noise sources associated with residential, commercial, industrial, and mixed -use land uses. Implementation of General Plan and LCP Update policies and goals in the General Plan and LCP Update would provide for compliance with noise standat ds in the planning area, enforcement of the City's stationary noise standards, and limits on special events or beach events next to noise -sensitive land uses. The continued regulation of potential land use -based noise conflicts, consistent with the Municipal Code, would minimize disturbance to adjoining noise - sensitive land uses. Impacts associated with the generation of noise and land use compatibility would be less than significant. (FiEIR p. 4.10-23 — 4.10-24.) The General Plan and LCP Update would not expose people residing or working in the project at ea to excessive aviation related noise levels. The planning area is located outside of the existing and projected future noise contours associated with the San Luis Obispo County Regional Morro Bay General Plan and Local Coastal Program (LCP) Update 18 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact Airport. Therefore, new development facilitated by the General Plan and LCP Update, particularly noise -sensitive uses, would not be exposed to aircraft noise. There would be no impact. (FEIR p. 4.10-23 — 4.10-24) 3.14 Population and Housing The General Plan and LCP Update would not result in growth in the planning area that is substantially greater than projected in the SLOCOG regional growth forecast. The land use plan and policies in the General Plan and LCP Update focus on working within the existing framework of the city, with limited vacant land, to creating a balance of uses that improves housing options and affordability in the city, while providing for sufficient services that support anticipated population growth. Impacts associated with inducing planned or unplanned growth would be less than significant. (FEIR p. 4.11-7 — 4.11-9.) Implementation of the General Plan and LCP Update would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. Most of the planning area in Morro Bay is built out and existing buildings are generally in good condition. Consistent with the General Plan and LCP Update Land Use Flement, development is focused in at eas which would maximize the use of underutilized parcels and minimize displacement of existing housing and people that could otherwise result in development pressure on the periphery of the city. Additionally, new growth is directed in areas which would utilize existing transportation and utility infrastructure The General Plan and LCP Update and General Plan Housing Element include goals and policies to increase overall housing in the city, and there are no current plans for displacement of housing, impacts related to displacement of existing residences Impacts associated with displacement of people or housing would be less than significant. (FEIR p. 4.11-9 — 4.11-11.) 3.15 Public Services/Recreation Development facilitated by the General Plan and LCP Update would result in a long-term increase in the city's population. Increased population would increase demand for fire, police, school, and emergency medical services and potentially create the need for new police, fire, school, or other service facilities; however, compliance with policies in the General Plan and LCP Update, payment of City -required public facilities impact fees, and management of future growth would avoid adverse environmental effects associated with the provision of new or physically altered fire, police, school and other public facilities. Impacts associated with the provision of new fire, police, school, and emergency medical services, and the environmental impacts of new or altered facilities, would be less than significant. (FEIR p. 4.12-9 — 4.12-12.) The General Plan and LCP Update would not result in substantial physical deterioration of recreational facilities. Development facilitated by the General Plan and LCP Update would increase the City's population with commensurate increases in demand for neighborhood and regional parks and other recreational facilities. Additional parkland has been planned such that the park service ratio would satisfy the City's requirement to provide a minimum of three acres or 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update Findings of Fact 19 March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 parkland per 1,000 residents, consistent with Quimby Act requirements. The General Plan and LCP Update would contribute to the need for new or expanded park or recreational facilities but also provides the policy fiamework and physical opportunities to provide expanded park or recreational facilities. Impacts associated with the construction of and increased deterioration of recreational facilities would be less than significant. (FEIR p. 4.12-12 — 4.12-15.) 3.16 Transportation The General Plan and LCP Update would not substantially increase hazards due to design features or incompatible uses (e.g. farm equipment). The General Plan and LCP Update is a programmatic guide to transportation in Morro Bay and does not include project -level design features. Future roadway improvements, site access, and other roadway design features would be designed and reviewed in accordance with all applicable federal, State, and City standards. Impacts associated with hazardous transportation design features would be less than significant. (Final EIR p. 4.13-23 — 4.13-24.) Due to the programmatic nature of the General Plan and LCP Update and the policies to ct eate an integrated, multi -modal transportation system the Genet al Plan and LCP Update would not result in inadequate emergency access. In addition, Fire Department review of new development applications for adequate emergency access and evacuation routes is required as part of the City's development review process. Adherence to the State and City requirements combined with implementation of applicable General Plan and LCP Update policies, would ensure adequate emergency response is maintained in the city. Impacts associated with inadequate emergency access would be less than significant. (FEIR p. 4.13-24 — 4.13-25.) 3.17 Utilities and Service Systems The General Plan and LCP Update would not require or result in the relocation of construction of new or expanded water facilities, the construction of which could cause significant environmental effects. Based on the water supply projections presented in the OneWater Morro Bay Plan, the city's water supply would be sufficient to meet the projected demand of the development envisioned in the General Plan and LCP Update. In addition, project -specific water supply assessments would be required to be piepared by proponents of future development piojects in the city in accordance with SB 610. Compliance with applicable General Plan and LCP Update Land Use Element goals and policies to encourage the sustainable use and management of water supplies in the planning area Impacts associated with water supplies and facilities would be less than significant. (FFIR p. 4.14-11 — 4.14-15.) The City is constructing a new WRF, which is designed to meet existing needs and future demand associated with General Plan buildout, including development facilitated by the General Plan and LCP Update. Completion of the new WRF, as well as implementation of the OneWater Morro Bay Plan and the policies in the General Plan and LCP Update Conservation Element would ensure adequate wastewater systems and infrastructure to meet future demands. Impacts Morro Bay General Plan and Local Coastal Program (LCP) Update 20 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact associated with adequate wastewater treatment capacities would be less than significant. (FFIR p. 4.14 15 — 4.14-16,) The General Plan and LCP Update would comply with federal, state, and local statutes and regulations related to solid waste and not generate solid waste in excess of State o1 local standards, or capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Development facilitated by the General Plan and LCP Update would increase solid waste sent to area landfills however, Cold Canyon Landfill would have capacity to serve the development envisioned in the General Plan and LCP Update. Goals and policies in General Plan and LCP Update would increase the amount of waste that is diverted from the landfill and encourage reuse and recycling. Impacts associated with adequate solid waste stoi age capacities and compliance with federal, state and local statues would be less than significant. (FEIR p. 4.14- 17 — 4.14-18.) 01181.0001/712396.1 JPANNONE_ALWY Mono Bay General Plan and Local Coastal Program (LCP) Update 21 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 CHAPTER 4 Less -than -Significant Environmental Impacts with Mitigation Pursuant to State CFQA Guidelines section 15091, the following are the impacts of the General Plan and LCP Update for which mitigation measures have been proposed in the FFIR. These measures will avoid or substantially lessen the following potentially significant environmental impacts to a less -than -significant level: 4.1 Air Quality Impact AQ-2: The FEIR concludes, in Impact AQ-2, buildout of the General Plan and LCP Update would result in short-term emissions of criteria pollutants. This impact would be less than significant with mitigation. (FEIR p. 4.2-19.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measure AQ-2 would reduce the significant impact to a less than significant level. Mitigation Measure AQ-2: Proponents of individual land use projects, or other projects requiring grading or building peimits, shall require construction contractors to incorporate the following standard mitigation measures, as applicable, to reduce ROG NOX, and DPM emissions from construction equipment. Mitigation measures shall be listed on project construction plans and the project proponent shall perform periodic site inspections during construction to ensure that mitigation measures are being implemented. • Maintain all construction equipment in proper condition according to manufacturer's specifications • Fuel all off -road and portable diesel powered equipment with ARB-certified motor vehicle diesel fuel (non -taxed version suitable for use off -road) • Use diesel construction equipment meeting ARB's Tiei 2 certified engines of cleaner off - road heavy-duty diesel engines, and comply with the State Off -Road Regulation • Use on -road heavy-duty trucks that meet ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 22 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact • 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 • 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 • Diesel idling within 1,000 feet of sensitive receptors is not permitted • • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors Electrify equipment when feasible • Substitute gasoline -powered in place of diesel -powered equipment, where feasible • Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Rationale/Supporting Explanation: The SLOAPCD provides standard mitigation measures for construction in the CEQA Air Quality Handbook, which are included as Mitigation Measure AQ- 2. Future development projects in the Morro Bay planning area would also be evaluated for air quality impacts once project -level details are known and would be required to incorporate additional mitigation if project construction emissions exceed the thresholds established by the SLOAPCD. Because individual projects would be required to evaluate and mitigate potential air quality impacts resulting from construction emissions and mitigate emissions as required by SLOAPCD guidance, our quality impacts from construction of the General Plan and LCP Update would be mitigated to a less than significant level. (FEIR p. 4.2-19 — 4 2-20.) 4.2 Biological Resources Impact BIO-1: The FEIR concludes, in Impact BIO-1, new development facilitated by the General Plan and LCP Update could impact listed and other individual special status species and foraging and breeding habitat for special status wildlife and habitat for special status plants. This impact would be less than significant with mitigation. (FEIR p. 4.3-29.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measures BIO-1(a) and BIO-1(b) would reduce the significant impact to a less than significant level. Mitigation Measure BIO-1(a): Policy C-1.3 shall be updated to read: Policy C-1.3 Biological Site Assessments. A biological assessment shall be required for any development proposed on sites that include or are within 100 feet of mapped ESHA in Figure C-2 and all other sites with natural vegetation regardless of whether ESHA has been mapped in Figure C-2, and for all other projects for which evidence indicates that ESHA may be present either on or 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 23 Findings of Fact March 2021 Preliminary --Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 adjacent to the site. The best available information about the location of FSHA in the City shall be used. Such assessment shall be prepared at the owner's expense by a qualified biologist approved by the City and shall, at minimum: a. Identify and confirm the extent of the ESHA, b. Document any site constraints and the presence of sensitive plant or animal species, c. Recommend buffers and development setbacks and standards to protect the ESHA, d. Recommend mitigation measures to address any allowable impacts If listed species, or other special status species, or nesting birds are present or have the potential to occut, spec fy avoidance and minimization measures including compensatory mitigation to be implemented to avoid or minimize take of individuals and loss of occupied habitat, and specify the necessary consultat'on pathway(s) with USFWS NMFS, and/or CDFW to obtain incidental take coverage where necessary, and e. Include any other information and analyses necessary to understand potential 1-SHA impacts as well as measures necessary to protect the resource as tequired by the Local Coastal Program. If the site contains the potential for monarch overwintering or rookeries due to the presence of appropriately sized trees and groves, a seasonally timed survey appropriate for detecting the target species must also be included in the study. Mitigation Measure BIO-1(b): Policy OS-7.1 shall be updated to read: Policy OS-7.1 Account for External Impacts. If any portion of the area outside the city limits is included in the City's sphere of influence in the future, prepare and adopt a plan for the affected parcels that includes infrastructure and services provided by the City of Motro Bay. The plan shall also identify policies for the protection of natural resources in the affected areas. Rationale/Supporting Explanation Impacts to special status species would be less than significant with implementation of Measures BIO-1(a) and BIO-1(b), which would update policies in the General Plan and LCP Update to protect listed species and provide direction on resource protection in any future SOI. (FEIR p. 4.3-29 - 4.3-37.) Impact BIO-3: The FEIR concludes, in Impact BIO-3, new development facilitated by the Genet al Plan and LCP Update may remove trees, encroach on rookeries and breeding sites, impede movement ofteiiestiial and aquatic wildlife, and otherwise interfere with the movement of wildlife. Impacts would be less than significant with mitigation. (FEIR p. 4.3-40.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant enviionmental effect as identified Morro Bay General Plan and Local Coastal Program (LCP) Update 24 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact in the FEIR. Mitigation Measure BIO-3 would reduce the significant impact to a less than significant level. Mitigation Measure BIO-3: The following policy shall be added to the Conservation Element: Policy C-1.17 Project Design for Wildlife Connectivity. Design new stream crossing structures and extensions or modifications of existing structures to accommodate wildlife movement. At a minimum, structures within steelhead stieams must be designed in consultation with a fisheries biologist and shall not impede movement New projects with long segments of fencing and lighting shall be designed to minimize impacts to wildlife. Fencing or other project components shall not block wildlife movement though riparian or other natural habitat. Where fencing or other project components that may disrupt wildlife movement is squired for public safety concerns, they shall be designed to permit wildlife movement. Rationale/Supporting Explanation: Impacts to wildlife movement corridors would be less than significant with implementation of Measure BIO-3 to add a General Plan and LCP Update policy to preserve wildlife movement corridors. (FEIR p. 4.3-40 — 4.3-41.) Cumulative Impact — Biological Resources: The FEIR concludes implementation of the land use development patterns under the General Plan and LCP Update could result in impacts on special -status species, riparian, wetland, or other sensitive natural communities, as well as wildlife movement in the planning area, and contribute to cumulative impacts to these resources within the greater cumulative impact area (adjacent communities, including San Luis Obispo County). (FEIR p. 4.3-42 — 4.3-43.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measures BIO-1(a), BIO-1(b) and BIO-3 would reduce the significant impact to a less than significant level. Implement Mitigation Measures BIO-1(a), BIO-1(b) and BIO-3 Rationale/Supporting Explanation: These mitigation measures would require additional policy language in the General Plan and LCP Update to protect biological resources that have potential to be impacted by development facilitated by the General Plan and LCP Update. These measures reduce the General Plan and LCP Update s potential contribution to cumulative impacts to special status species and wildlife movement corridors and contribution of the proposed General Plan and LCP Update's cumulative impacts would not be cumulatively considerable. (FEIR p. 4.3-42 — 4.3 43.) 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 25 Findings of Fact March 2021 Preliminary —Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 4.3 Cultural Resources Impact CR-1: The FEIR concludes, in Impact CR-1, development facilitated by the General Plan and LCP Update has the potential to impact historical and unique archaeological resources. This impact would be less than significant with mitigation. (Final EIR p. 4.4-9.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a less than significant level. Mitigation Measure CR-1(a): Policy C-2.3 of the General Plan and LCP Update shall be revised to read: Policy C-2.3 Protection of Cultural Resources. Ensure the protection of historic, cultural, and archeological resources during development, construction, and other similar activities. Development shall avoid, to the maximum extent feasible, adversely impacting historic, cultural, and/or archaeological resouices, and shall include adequate BMPs to address any such resources that may be identified during construction, including avoidance, minimization, and mitigation measures sufficient to allow documentation presetvation and other forms of mitigation. If the resource(s) in question are of Native American origin, develop avoidance or minimization measures in consultation with appropriate Native American tribe(s). Mitigation Measure CR-1(b): The following implementation action for Goal C-2 shall be added to the General Plan and LCP Update: Require all discretionary proposals within the cultural resources overlay to consider the potential to disturb cultural resources. If preliminary reconnaissance suggests that cultural resources may exist, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior s (SOD Professional Qualification Standard (PQS) for archaeology and/or architectural history, as appropriate (NPS 1983). A Phase I cultural resources study shall include a pedestrian survey of the project site and sufficient background research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research should include a records search at the Cent al Coast Information Center (CCIC) and a Sacred Lands F'le (SLF) search with the Native American Heritage Commission (NAHC). Where identified or potential resouices are of Native American origin, the appropriate Native American tribe(s) will participate with the qualified professional. The technical report documenting the study shall include recommendations to avoid or, if avoidance is not feasible, reduce impacts to cultural resources Morro Bay General Plan and Local Coastal Program (LCP) Update 26 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact Rationale/Suppot ting Explanation: Implementation of Measures CR-1(a) and CR-1(b) would update the General Plan and LCP Update to include a policy and implementation action to address potential impacts to historical and unique archaeological resources on a project -by - project basis by requiring cultural resource studies for projects within the city and the implementation of further requirements to avoid or reduce impacts to those resources. Residual impacts would be less than significant. (FEIR p. 4.4-9 — 4.4 12.) Cumulative Impact — Cultural Resources: The Final h IR concludes the increase in growth in previously undisturbed ateas would contribute to regional impacts on existing and previously undisturbed and undiscovered historical and archaeological resources. Compliance with applicable regulations and implementation of General Plan and LCP Update goals and policies would minimize cumulative impacts to cultural resources. (FEIR p. 4.4-12 — 4.4-13.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a less than significant level. Implement Mitigation Measures CR-1(a) and CR-1(b) Rationale/Supporting Explanation: Implementation of Measures CR-1(a) and CR-1(b) would update the General Plan and LCP Update to include implementation actions to address potential impacts to cultural resources on a project -by -project basis by requiring cultural resource studies for projects within the city and the implementation of further requirements to avoid or reduce impacts to cultural resources. Implementation of Mitigation Measures CR-1(a) and CR-1(b) would ensure that potential impacts to cultural resources would not be cumulatively considerable, and cumulative impacts to such resources would not be cumulatively considerable. (FFIR p. 4.4- 12 — 4.4-13.) 4.4 Noise Impact N-2: The FEIR concludes, in Impact N-2, construction of individual projects facilitated by the General Plan and LCP Update could temporarily generate groundborne vibration, potentially affecting adjacent sensitive land uses. Although the Morro Bay Municipal Code's timing restrictions on construction activity would limit vibration disturbance, high vibration levels during working construction hours could potentially disturb people or damage fragile buildings. (FEIR p. 4.10-16.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measure N-2 would reduce the significant impact to a less than significant level. 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 27 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 Mitigation Measure N-2: The following new policies shall be added to the Noise Element under Goal NOI-3: Policy NOI-3.5 Vibration Control. Control construction vibration by avoiding the use of vibratory rollers near vibiation-sensitive receptors and scheduling construction activities with the highest potential to produce vibiation to hours with the least potential to affect sensitive land uses. Policy NOI-3.6 Construction Vibiation Notification. Developers shall notify neighbors of scheduled construction activities that would generate vibration. Rationale/Supporting Explanation: The avoidance of vibratory rollers in close proximity to ✓ ibration -sensitive receptors would prevent potential structural damage from vibration. In addition, the appropriate scheduling of construction activities and notification of neighbors would minimize disturbance of people from vibration -generating equipment. Compliance with the ✓ ibration control and notification measures in Mitigation Measure N-2 would reduce temporary ✓ ibration impacts to a less than significant level. (FEIR 4.10-16 — 4.10-17.) Cumulative Impact - Noise: The FEIR concludes site -specific cumulative impacts related to exposure of existing and planned future receptors to construction vibrational noise sources would be less than significant with mitigation incorporated. (FEIR p. 4.10-25.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measure N-2 would reduce the significant impact to a Tess than significant level. Implement Mitigation Measure N-2 Rationale/Supporting Explanation: Compliance with the vibration control and notification measures in Mitigation Measure N-2 would reduce the project's contribution to cumulative temporary vibration impacts to a less than significant level as vibratory rollers would not operate in close proximity to vibration -sensitive receptors and prevent potential structural damage from ✓ ibiation. Cumulative impacts would not be cumulatively considerable. (Final EIR p. 4.10-17 and 4.10-25.) 4.5 Transportation and Traffic Impact T-1: The FEIR concludes, in Impact T-1, implementation of the General Plan and LCP Update would inci ease vehicle traffic volumes, which have the potential to interfere with pedestrian and bicycle travel on or along roadways. The General Plan and LCP Update includes goals and policies to improve safety access, and performance of public transit, bicycle, and pedestrian transportation modes. Implementing specific pedestrian circulation improvement measures at affected facilities would further improve the performance of pedestrian transportation modes. (Final EIR p. 4.13-16.) Morro Bay General Plan and Local Coastal Program (LCP) Update 28 Findings of Fact March 2021 Preliminary - Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measure T-1 would reduce the significant impact to a less than significant level. Mitigation Measure T-1: The following pedestrian facility improvements shall be added to the list of "Planned Circulation Improvements" in the General Plan and LCP Update Circulation Flement. • Embarcadero North of Beach Street: Provide sidewalks and a vehicular connection shifting traffic away from Beach Street for the redeveloped Morro Bay Power Plant site. • Morro Bay Boulevard: Provide a landscaped buffer at least two feet wide between the sidewalk and travel lanes. • Main Street south of Radcliffe Drive: Provide continuous sidewalks to provide acceptable pedestrian operations. • SR 41 east of Main Street. Provide sidewalks with a landscaped buffer when adjacent properties are redeveloped. In addition, Policy CIR-1.8 shall be revised as follows: Policy CIR-1.8 Capital Improvement Program. Use the City's Capital Improvement Program (CIP) process to prioritize, fund, and build roadwayz ail bikeway, and pedestrian improvements, and to address phasing and construction of traffic infrastructure throughout the city. As individual development projects are proposed, focused, project -level environmental review may be requited, which could result in the implementation of project -specific mitigation measures to improve operations for pedestrians. Implementation of identified goals and policies to improve performance and safety of the transportation system for pedestrian, bicycle, and transit users would ensure that potential impacts associated with the performance of alternative transportation facilities would maintain acceptable operation of pedestrian modes. Rationale/Supporting Explanation: Mitigation Measure T-1 describes pedestrian circulation improvement measures at affected facilities which would improve operations for pedestrian modes. Residual impacts would be less than significant (FEIR p. 4.11-16 — 4.11-20). 4.6 Tribal Cultural Resources Impact TC-l: The Final EIR concludes, in Impact TC-1, development facilitated by the General Plan and LCP Update has the potential to impact tribal cultural resources. Implementation of the goals and policies of the General Plan and LCP Update would minimize the potential for impacts to previously unidentified tribal cultural resources. (Final EIR p. 4.15-3) 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 29 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant enviionrnental effect as identified in the FhIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a less than significant level. Implement Mitigation Measures CR-1(a) and CR-1(b) (refer to Section 4.3, Cultural Resources). Rationale/Supporting Explanation Impacts to tribal cultural resources would be less than significant with implementation of Mitigation Measures CR-1(a) and CR-1(b), which would update the General Plan and LCP Update to include a policy and implementation action to address potential impacts to unique tribal cultural resources on a project -by -project basis by requiring cultural resource studies for projects within the city and the implementation of further requirements to avoid or reduce impacts to those resources. (FEIR p. 4.15-3 — 4.15-4.) Cumulative Impact - Tribal Cultural Resources: The Final EIR concludes development in the city would increase under buildout of the General Plan and LCP Update and the increase in growth in previously undisturbed areas would contribute to regional impacts on tribal cultural resources. (F EIR p. 4.15-4.) Finding: The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant enviionmental effect as identified in the FEIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a less than significant level. Implement Mitigation Measures CR-1(a) and CR-1(b) Rationale/Supporting Explanation Implementation of the goals and policies in the General Plan and LCP update, as well as implementation of Mitigation Measures CR-1(a) and CR-1(b) would minimize potential impacts to ti ibal cultural tesources as a result of development facilitated by the General Plan and LCP Update, as impacts would be addressed on a project -by - project basis by requiring cultural resource studies for projects within the city and the implementation of further requirements to avoid or reduce impacts to those resources. (Final EIR p. 4.4-9 — 4.4 12.) Morro Bay General Plan and Local Coastal Program (LCP) Update 30 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 CHAPTER 5 Significant Environmental Impacts Pursuant to State CEQA Guidelines section 15091, the following are the impacts of the General Plan and LCP Update for which impacts cannot be reduced to less than significant. These impacts remain significant and unavoidable as identified in the FEIR. 5.1 Air Quality Impact AQ-1: The FEIR concludes, in Impact AQ-1, the General Plan and LCP Update would result in an increase in VMT that would exceed the projected rate of population growth in Morro Bay, which would be inconsistent with the SLOAPCD Clean Air Plan. This would be a significant and unavoidable impact (Final EIR p. 4.2-10). Finding: The City Council finds specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. No mitigation is available that would reduce the project rate of VMT growth below the projected rate of population growth in Morro Bay. Theiefore, the General Plan and LCP Update would be inconsistent with the SLOAPCD Clean An Plan, and impacts related to consistency with the 2001 CAP would remain significant and unavoidable. A statement of overriding considerations for this impact is made in Chapter 7. Rationale/Supporting Explanation: The General Plan and LCP Update would comply with applicable General Plan and LCP Update goals and policies that would reduce VMT to the extent feasible. In addition, individual development projects in the planning area would require project - level environmental review, including evaluation of future projects for consistency with the applicable air quality plan in accordance with the SLOAPCD CEQA Air Quality Handbook, which could result in the implementation of project -specific mitigation measures to reduce VMT. However, no additional policy -oriented mitigation is available that would reduce projected VMT, therefore this impact remains significant and unavoidable. (FEIR p. 4.2-10 — 4.2-19.) Cumulative Impact - Air Quality: The FEIR concludes the General Plan and LCP Update's conk ibution to cumulative regional air quality impacts would be significant and unavoidable. (Final EIR p. 4.2-10.) Finding: The City Council finds specific economic, legal, social technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. No mitigation is available that would reduce the project rate of VMT growth below the 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 31 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 projected rate of population growth in Morro Bay. Therefore, the General Plan and LCP Update would be inconsistent with the SLOAPCD Clean An Plan, and impacts related to consistency with the 2001 CAP would remain significant and unavoidable. A statement of overriding considerations for this impact is made in Chaptei 7. Rationale/Supporting Explanation: San Luis Obispo County is in non -attainment for the 1-hour and 8-hour state standards for ozone and the 24-how state standard for PMio. Future development throughout San Luis Obispo County would create ozone and PMio emissions, which would contribute to continued or exacerbated violation of state emissions standards. Buildout of the General Plan and LCP Update would result in an increase of VMT exceeding the rate of population increase, which would be inconsistent with SLOAPCD's 2001 CAP, which is intended to bring the County into attainment of the State ozone standard. Because the General Plan and LCP Update would be inconsistent with the CAP, the General Plan and LCP Update's contribution to cumulative regional air quality impacts would be significant and unavoidable. (FEIR p. 4.2-25.) 5.2 Transportation Impact T-2: The FEIR concludes, in Impact T-2, the General Plan and LCP Update anticipates land use growth that would result in a long -tetra increase in VMT within the City's SOI. The General Plan and LCP Update Circulation Element includes goals and policies that reduce reliance on passenger vehicles, facilitate pedestrian and bicycle transportation, and establish local targets for VMT reduction. However, future development in Morro Bay would result in increased per service population VMT, and no feasible mitigation is available that would fully address the anticipated increase in VMT. (Final EIR p. 4.13-21.) Finding: The City Council finds specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the FEIR. Mitigation is not available that would fully address the anticipated increase in VMT resulting from the General Plan and LCP Update. A statement of overriding considerations for this impact is made in Chapter 7. Rationale/Supporting Explanation: Implementation of the goals and policies in the General Plan and LCP Update would contribute to reducing VMT in Morro Bay. However, no additional feasible mitigation is available that would fully address the anticipated increase in VMT. Therefore, impacts associated with increased VMT in the Morro Bay SOI and in San Luis Obispo County would remain significant and unavoidable after implementation of all applicable policies in the General Plan and LCP Update. (FEIR p. 4.13-21 — 4 13-23.) Cumulative Impact - Transportation. The FEIR concludes the General Plan and LCP Update's contribution to cumulative VMT impacts would be significant and unavoidable. (Final EIR p. 4.13-25.) Morro Bay General Plan and Local Coastal Program (LCP) Update 32 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact Finding: The City Council finds specific economic, legal, social, technological, or her considerations make infeasible the mitigation measuies or project alternatives identified in the FEIR. Mitigation is not available that would fully address the anticipated increase in VMT resulting from the General Plan and LCP Update. A statement of overriding considerations for this impact is made in Section 7. Rationale/Supporting Explanation: The cumulative traffic impacts of the General Plan and LCP Update were determined by a comparison of the Existing Conditions scenario and the Buildout Plus Project Conditions scenario. The cumulative land use growth evaluated under Buildout Plus Project conditions would result in an increase in daily VMT and daily per service population VMT. The individual potential impacts of future development in Morro Bay are speculative however, the cumulative impact of the increase in VMT in the Moiro Bay SOI and in San Luis Obispo County identified for the General Plan and LCP Update would be potentially significant. Future development in Moiro Bay would result in increased long-term VMT even with implementation of identified goals and policies that would reduce VMT to an extent. Individual development projects in Morro Bay would require focused, project -level environmental review, and would require mitigation to seduce VMT whete potential environmental impacts are identified Implementation of the goals and policies in the General Plan and LCP Update would contribute to reducing VMT in Moiro Bay, but no additional feasible mitigation is available that would fully address the anticipated increase in VMT resulting from the Genes al Plan and LCP Update. Therefore, cumulative transportation impacts would remain significant and unavoidable (Final EIR p. 4.13-25 — 4.13-26) 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 33 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 CHAPTER 6 Findings Regarding Project Alternatives The City Council hereby declares it has considered and rejected as infeasible the alternatives identified in the Final EIR and described below. CEQA requires an EIR evaluate a range of reasonable alternatives to a project, or to the location of the project, which would feasibly obtain most of the basic project objectives but would avoid or substantially lessen any of the significant effects of the project (CEQA Guidelines §15126.6). The No Project alternative must be evaluated, and if it is the environmentally superior alternative, another environmentally superior alternative must be identified among the other alternatives (CEQA Guidelines subdivision 15126.6(e)). The objective of the General Plan and LCP Update is to function as a policy document to guide land use decisions within the city planning area through the year 2040. The Community Vision of the General Plan is as follows: In 2040, Morro Bay remains a small oceanfront town and thriving year-round destination known for its natural beauty creative people, outdoor recreation, working waterfront, and welcoming community spirit. It is a friendly, safe, resilient, and healthy place where people of all ages and economic levels live, work, play, and visit. The natural environment and wildlife are cherished and conserved and are essential elements that integrate with and define our urban landscape. Our healthy wetlands, iconic Morro Rock, and bustling harbor aie complemented by expansive parks, connected bicycle lanes, safe streets, and pathways that are accessible to people of all ages and abilities. We have a deep appreciation for nature and honor our native, cultural and maritime heritage. We maintain and support our working waterfront and carefully preserve our estuary, watershed, natural shoreline, and surrounding open space. We adapt to changes in the climate, economy, and culture without compromising our small-town character. Our vibrant economy is strengthened by sustainable resource piactices, a responsive city government, and leading -edge technology that empowers local business owners and attracts new businesses and investors. We are a diverse, multigenerational community where head -of -household jobs, sustainable living wages, and affordable housing options serve as a foundation that allows people of all ages and income levels to thrive. Modern, well -maintained public amenities and supportive community services nurture our residents, community organizations, and neighborhood groups. We actively 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 34 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact participate in government decisions and take pride in volunteerism. We welcome personal expression and creativity, as reflected in our varied visitor attractions, bustling dining scene, vibrant arts culture, community events, public art, and outdoor activities. Our diverse housing, safe and eclectic neighborhoods and reliable transit system are enhanced through suitable urban infill and mixed -use development that accommodates modest residential and commercial growth. Mindful of our rich heritage, we take great pride in our community and work together toward a bright future. The FEIR evaluated three project alternatives in addition to the proposed General Plan and LCP Update. The alternatives analyzed in the FEIR are as follows: • Alternative 1: No Project/Continue using 1988 General Plan and 1984 LCP • Alternative 2: Proposed General Plan and LCP Update without Morro Bay Power Plant/WWTP Redevelopment • Alternative 3: Reduced Commercial Floor Area Ratio The FEIR concludes that the No Project Alternative (Alternative 1) would be environmentally superior in comparison to the General Plan and LCP Update because it would continue implementation of the existing 1988 General Plan, which would accommodate less development and growth than the General Plan and LCP Update Alternatives 2, or Alternative 3. Although Alternative 1 would entail continued growth as dictated by the existing 1988 General Plan, Alternative lwould not implement new policy language included in the General Plan and LCP Update, such as policies intended to provide guidance for future development and reduce long- term community impacts associated with growth. Alternative 2 would perform similar or better to the General Plan and LCP Update for all environmental resource areas This alternative would result in no new development on the former Morro Bay Power Plant and City WWTP redevelopment sites instead designating these sites as Open Space/Recreation. Alternative 3 would perform similar or better to the General Plan and LCP Update for all environmental resource areas. This alternative would result in less new commercial growth and development overall due to the reduction in commercial FAR. Based on the information presented herein, Alternative 2 would be the environmentally superior alternative when considering overall environmental impacts relative to the performance metrics. However, designating the former Morro Bay Power Plant and City WWTP redevelopment sites as Open Space/Recreation would be inconsistent with the vision and objectives of the General Plan and LCP Update because it would eliminate urban development from areas the City has determined would contribute substantially to a pattern of compact future development, reducing long-term development pressure on agricultural lands outside the planning area Additionally reduced growth in these targeted redevelopment locations would be inconsistent with the goals of the General Plan and LCP Update to attract new businesses and investors and provide head -of - household jobs and affordable housing options. 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 35 Findings of Fact March 2021 Preliminary —Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 After Alternative 2, Alternative 1 is the next most environmentally superior alternative when considering overall environmental impacts llelative to the performance metrics. However, Alternative 1 would not meet the basic project objective to provide an updated community vision foi Morro Bay by updating the 1988 General Plan, and would not avoid the significant and unavoidable project -level of cumulative impacts associated with increased VMT, and may result in additional long -team impacts associated with the need for expanded utility infrastructure. 6.1 Alternative 1: No Project Description: Subdivision 15126.6(e) of the CEQA Guidelines requires a "no project" alternative be evaluated in an EIR to allow decision makers to compare the impacts of approving a proposed project with the impacts of not approving that project. CEQA Guidelines subdivision 15126.6(e)(3) describes the two general types of no project alternative: (1) when the project is the ievision of an existing land use or regulatory plan, policy, or ongoing operation, the no project alternative would be the continuation of that plan; and (2) when the project is not a land use/regulatory plan, such as a specific development on an identifiable property, the no project alternative is the circumstance under which that project is not processed (i.e., no development o ccurs). Alternative 1 represents the former type of no project alternative and assumes the continued implementation of the 1988 General Plan and 1984 LCP. This alternative is comprised of a land use pattern that reflects the land use identified in the e xisting 1988 General Plan. Under this alternative, the proposed General Plan and LCP Update would not be adopted and the existing General Plan and LCP, including the land use map and all o f the General Plan and LCP goals and policies, would remain in place through the horizon year o f 2040. Thus, any new development in Morro Bay would occur consistent with the existing land u se designations and the allowed uses within each designation. Similarly, any new infrastructure would occur as envisioned in the existing 1988 Genet al Plan. Development under this alternative is anticipated to be generally similar in much of the planning area but would not include mixed - use development in the downtown area, or the identified redevelopment of the former Morro Bay Power Plant and City wastewater treatment plant (WWTP) sites, iesulting in more non-residential development than undei the General Plan and LCP Update. As a result, overall development and anticipated growth would be reduced under the No Pioject Alternative compared to the General Plan and LCP Update. This alternative assumes that the City's Sphere of Influence (SOI) would not be extended to include 1,077 acres of the planning area beyond the city limits that is identified as a future extension of Morro Bay's SOI. Therefore, the planning at ea for this alternative e ncompasses the existing city limits and SOI. (FEIR p. 7-2 — 7-10.) Finding: The City Council finds the No Project Alternative is infeasible because it fails to meet any of the project objectives, including the Project's objective to guide land use decisions within the City planning a►ea through the year 2040. Rationale/Supporting Explanation: The No Project Alternative (Alternative 1) would not implement new policy language included in the General Plan and LCP Update, such as policies intended to provide guidance for future development and seduce long -tetra community impacts Morro Bay General Plan and Local Coastal Program (LCP) Update 36 Findings of Fact Preliminary —Subject to Revision March 2021 Attachment A to Council Resolution 20-21 Findings of Fact associated with growth. Alternative 1 would not eliminate the significant and unavoidable project -level or cumulative impacts associated with increased VMT. (FEIR p. 7-25.) 6.2 Alternative 2: Proposed General Plan and LCP Update without Morro Bay Power Plant/WWTP Redevelopment Description: One of the piimary long-term strategies of the proposed General Plan and LCP Update land use plan is redevelopment of the former Morro Bay Power Plant and City WWTP sites with uses that respond to their unique site attributes to provide future growth areas for the city within the existing city limit. Undei the General Plan and LCP Update land use plan, the former Morro Bay Power Plant and City WWTP sites are planned to accommodate Mixed Use, Public/Institutional, Visitor Serving Commercial, and Open Space/Recreation uses with much of the development being new. Approximately 50 percent of the planned non-residential land use growth (from existing to buildout) and approximately 80 percent of the visitor -serving commercial growth would occur at the former Morro Bay Power Plant and City WWTP sites. The General Plan and LCP Update Land Use Element includes Policy LU-5.4 and Policy LU-5.5, which require the city to develop master plans for these sites and the surrounding areas. Alternative 2 would remove Policy LU-5.4 and Policy LU-5.5 from the General Plan and LCP Update, and would revise the land use plan to include the former Morro Bay Power Plant and City WWTP sites in Open Space/Recreation, preserving natural areas and resources, and providing future recreational opportunities, consistent with other goals of the General Plan and L CP Update. This alternative would build on the preservation of natural areas within the planning area by reducing the amount of new development compared to the proposed General Plan and L CP Update. Under Alternative 2 approximately 3.1 million square feet of new commercial development could be constructed in the planning area. This would be 5.7 million fewer square feet of new commercial square footage than could be constructed compared to the General Plan and LCP Update. Additionally, approximately 300 fewei residential units could be constructed within the planning atea, as a result of the elimination of the mixed -use overlay in the Morro Bay Power P lant redevelopment area. Because 300 fewer dwelling units would be constructed under Alternative 2, population density of the City would be reduced compared to the General Plan and LCP Update. Overall, Alternative 2 would reduce the growth in population in Morro Bay through the year 2040 by approximately 4 percent and would reduce the net growth in non-residential development through the year 2040 by approximately 52 percent compared to the General Plan and LCP Update. (FEIR p. 7-10 — 7.16 ) Finding: While Alternative 2 is environmentally similar to the pioject and would partially meet the project objective to guide land use decisions within the city planning area through the year 2040, the City Council finds Alternative 2 is infeasible because it fails to meet some of the project 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 37 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 objectives identified in the General Plan and LCP Update vision and values, including attracting new businesses and investors, providing head -of -household jobs and affordable housing options, and providing suitable urban infill and mixed -use development that accommodates modest residential and commercial growth. Rationale/Supporting Explanation: Designating the former Morro Bay Power Plant and City WWTP redevelopment sites as Open Space/Recreation would be inconsistent with the vision and values of the General Plan and LCP Update because it would eliminate urban development from areas which would contribute substantially to a pattern of compact future development, reducing long-teiin development pressure on agricultural lands outside the planning area Additionally reduced growth in these targeted redevelopment locations would be inconsistent with the goals of the General Plan and LCP Update to atti act new businesses and investors and provide head -of - household jobs and affordable housing options. (FEIR p. 7-25.) 6.3 Alternative 3: Reduced Commercial Floor Area Ratio Description: Under the Reduced Commercial Floor Area Ratio (FAR) Alternative, the maximum allowable FAR for the Community Commercial and Visitor -Serving Commercial land use designations would be reduced from 1.25 to 1.0 to reduce commercial density and overall vehicle miles traveled associated with new non-residential development. Approximately 75 percent of the potential new commercial development identified in Table 2-5 of the Final EIR is comprised of Community Commercial and Visitor -Serving Commercial land use (approximately 1.1 million square feet of Community Commercial and approximately 5.5 million square feet of Visitor Serving Commercial). Due to the reduction in overall growth, this alternative would incrementally reduce new vehicle traffic. Development under Alternative 3 assumes that all goals and policies put in place by the General Plan and LCP Update will be in force. Under Alternative 3 approximately 7.5 million square feet of new commercial development could be constructed in the planning area. This would be 1.3 million fewer square feet of new commercial square footage than could be constructed under the General Plan and LCP Update. Additionally, approximately 103 fewer residential units could be constructed within the planning area, as a result of the FAR reduction within the planned mixed -use overlay areas. Because 103 fewer dwelling units would be constructed under Alternative 3, population density of the city would be reduced compared to the General Plan and LCP Update. Overall, Alternative 3 would reduce the growth in population in Morro Bay through the year 2040 by approximately 2 percent and would reduce the net growth in non-residential development tluough the yeat 2040 by approximately 12 percent compared to the General Plan and LCP Update. (FEIR p. 7.17-23.) Finding: While Alternative 3 is environmentally similar to the pioject and would partially meet the project objective to guide land use decisions within the city planning area through the year 2040, the City Council finds Alternative 3 is infeasible because it fails to meet some of the of the project objectives identified in the General Plan and LCP Update vision and values, including Morro Bay General Plan and Local Coastal Program (LCP) Update 38 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact attracting new businesses and investors, providing head -of -household jobs and affordable housing options, and providing suitable urban infill and mixed -use development that accommodates modest residential and commercial growth. Rationale/Supporting Explanation: Reducing the allowable FAR for the Community Commercial and Visitor -Serving Commei cial land use designations would be inconsistent with the vision and values of the General Plan and LCP Update because it would seduce commercial growth that would attiact new businesses and investors and provide head -of -household jobs and affordable housing options. In addition, Alternative 3 would not eliminate any of the significant and unavoidable impacts associated with the General Plan and LCP Update, as this alternative would still iesult in substantial new growth and the associated incsease in new vehicle traffic. (FEIR p. 7-25.) 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 39 Findings of Fact March 2021 Preliminary —Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 CHAPTER 7 Statement of Overriding Considerations 7.1 Introduction Section 15093 of the CEQA Guidelines requires lead agencies to adopt a Statement of Overriding Consideiations if they elect to approve a project that has significant and unavoidable environmental impacts. The FEIR for the General Plan and LCP Update identifies the following significant and unavoidable impacts: • Impact AQ-1: The FEIR concludes the General Plan and LCP Update would iesult in an increase in VMT that would exceed the projected late of population growth in Moiro Bay, which would be inconsistent with the SLOAPCD Clean Air Plan. This would be a significant and unavoidable impact (Final FIR p. 4 2-10). • Cumulative Impact - Air Quality: The FEIR concludes the General Plan and LCP Update s contribution to cumulative regional air quality impacts would be significant and unavoidable. (Final EIR p. 4.2-10.) • Impact T-2: The FEIR concludes the General Plan and LCP Update anticipates land use growth that would iesult in a long-term increase in VMT within the City's SOI. The General Plan and LCP Update Circulation Element includes goals and policies that reduce reliance on passenger vehicles, facilitate pedestiian and bicycle transportation, and establish local targets foi VMT reduction. Howevei, future development in Moiro Bay would iesult in increased per service population VMT, and no feasible mitigation is available that would fully address the anticipated increase in VMT. (Final FIR p. 4.13- 21.) • Cumulative Impact - Transportation: The Final EIR concludes the General Plan and LCP Update's contribution to cumulative VMT impacts would be significant and unavoidable. (Final EIR p. 4.13-25.) For projects that would result in significant environmental impacts that cannot be avoided, CEQA requires that the lead agency balance the benefits of these projects against the unavoidable environmental risks in determining whether to approve the projects. If the benefits of these projects outweigh the unavoidable impacts, then those impacts may be considered acceptable (CEQA Guidelines §15093[a]). CEQA requires, before adopting such projects, the public agency adopt a Statement of Overriding Considerations setting forth the reasons why the agency finds the Morro Bay General Plan and Local Coastal Program (LCP) Update 40 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact benefits of the project outweigh the significant environmental effects caused by the project. This statement is provided below. 7.2 Required Findings The City has identified significant and unavoidable environmental impacts that cannot be lessened through application of feasible mitigation measures that can be incorporated into the project. The City has also examined a reasonable range of alternatives to the project and has determined that none of these alternatives would satisfy the project objectives identified in the General Plan and LCP Update vision and values to the same extent of greater as the pioject. The City Council finds the project has eliminated or substantially lessened all significant effects on the environment where feasible, and finds, on balance, the remaining significant and unavoidable impacts of the project ai e acceptable because the benefits of the project outweigh them. In preparing this Statement of Overriding Considerations, the City Council has balanced the benefits of the project against its unavoidable environmental risks. The City Council hereby finds it is imperative to balance competing goals in approving the General Plan and LCP Update and the environmental documentation of the General Plan and LCP Update. Not every environmental concern has been fully satisfied because of the need to satisfy competing concerns to a certain extent. The City Council has chosen to accept certain environmental impacts because of the many benefits inherent in the attainment of City, regional, and State goals, as well as the implementation of required mitigation measures, would balance the potential for environmental impacts to occur The City Council hereby finds the FEIR has identified and discussed significant effects that may occur as a result of the General Plan and LCP Update. With the incorporation of the goals and policies as identified in the findings, potential impacts are reduced to a level of less than significant except for the unavoidable and significant impacts discussed in Subsection 7.1, above. The City Council hereby finds it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the General Plan and LCP Update. The City Council further determines except for the General Plan and LCP Update, all other alternatives set forth in the FEIR are infeasible because they may not substantially reduce environmental impacts associated with the General Plan and LCP Update, and would prohibit the realization of the General Plan and LCP Update vision and values and/or specific economic, social, or other benefits the City Council finds outweigh any environmental benefits of the alternatives. The City Council hereby finds and determines, having reduced the adverse significant environmental effects of the General Plan and LCP Update to the extent feasible by including goals and policies in the General Plan and LCP Update, having considered the entire administrative record on the General Plan and LCP Update, and having weighted the benefits of 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 41 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 the General Plan and LCP Update against its unavoidable significant impacts after mitigation, the General Plan and LCP Update and the supporting environmental documentation provide for a positive balance of the competing goals and that the economic, social and other benefits to be obtained by the General Plan and LCP Update outweigh any remaining environmental impacts and related potential detriment of the project and render those potential significant impacts acceptable based on the considerations noted below. The City Council finds the project objectives and community values that would be achieved from implementation of the General Plan and LCP Update, as outlined below, outweigh the project's unavoidable environmental risks. Each of the separate benefits of the General Plan and LCP Update, as stated below, is determined to be, unto itself and independent of the other benefits of the General Plan and LCP Update, a basis for overriding all unavoidable adverse environmental impacts identified in these Findings. The alternatives, which were identified in the FEIR would not meet, either in part or in whole to the same extent as the General Plan and LCP Update, the fundamental project objectives and goals of the Genet al Plan and LCP Update, including those as set forth in the General Plan, and each and all of which are deemed and considered by the City to be benefits of the proposed modified General Plan and LCP Update. Among others, the General Plan and LCP Update has been prepared to do the following: • Natural Environment. Preserve the community's estuary, shoreline and open green spaces, and ensure the parks and recreation spaces are healthy, resilient, and accessible to all. ■ Heritage & Identity. Welcome visitors while maintaining our small-town character and honoring our maritime heritage. • Jobs & Housing Provide a range of affordable housing options and living wage Jobs resulting in a higher quality of life. ■ Economic Vitality. Support a diverse and sustainable economy for both new and existing locally owned businesses, including community -supporting tout ism. • Infrastructure & Amenities. Maintain and provide modern, resilient infrastructure and public amenities. Mobility & Access. Provide safe and accessible streets, trails, and multimodal transportation options that conveniently connect people and places throughout town and to surrounding destinations. ■ Good Governance. Maintain a government that is supportive, collaborative, equitable, and responsive to the needs of all segments of the population. • Resident Services. Provide a range of public services that support a diverse and multigenerational community. Morro Bay General Plan and Local Coastal Program (LCP) Update 42 Findings of Fact March 2021 Preliminary — Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact The General Plan and LCP Update directs the way in which development in the City will occur to accommodate future growth and trends while maintaining the character of the Morro Bay community, consistent with these objectives. In this regard, the project objectives of the General Plan and LCP Update are reflected in the following General Plan and LCP Update goals: ■ LU-1: The community form of Mono Bay reflects its vision and values, promoting a strong economy and high quality of life. ■ LU-5: Coastal priority uses are viable, protected, and contribute to the economy and character of Morro Bay. • LU-8: Morro Bay's downtown and waterfront areas are active and welcoming locations for shopping, recreation, public access, visitor -serving needs, and coastal services. ■ CD-1 The individual identity of each of Morro Bay's character areas is embraced and represented by new and renovated development. • CD-2 The community is designed to be resilient to future climate conditions, weather events, and economic and social change. ■ ED-3: Local businesses and employment options are high quality, diverse, and environmentally sustainable. ND-4: Employment provides a range of head -of -household jobs that pay living wages and support living in Morro Bay. • CIR-1: Residents and visitors can easily move about the city in a variety of safe and active ways. • CIR-3: Traffic monitoring considers all methods of travel, with emphasis on active and sustainable transportation methods. • NOI-1: A healthy and safe noise environment for Morro Bay residents, businesses, and visitors. ■ NOI-2: Minimize transportation -related noise. • NOI-3: Noise from construction activities associated with maintenance vehicles, special events, and other nuisances is minimized in residential areas and near noise -sensitive land uses. • C-1: Sensitive habitats are protected from potential negative impacts of land use and development. 01181.0001/712396.1 JPANNONE_ALWY Mono Bay General Plan and Local Coastal Program (LCP) Update 43 Findings of Fact March 2021 Preliminary —Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 ■ C-2: Cultural and historic resources are identified for protection and showcased as a vital part of Morro Bay history. • C-3: Air quality in Morro Bay continues to improve through local actions and interagency cooperation. • C-4: Greenhouse gas emissions in Morro Bay are reduced and consistent with state goals. • C-5: Morro Bay is a leader in energy innovation and sustainable usage. ■ C-6: Energy available to Morro Bay residences, businesses, and public buildings is renewable and sustainable. ■ C-7: Morro Bay water is safe, available, and used in an environmentally responsible manner. • C-8: Morro Bay is a zero waste community. • C-9: The aesthetic and visual natural resources in and around Morro Bay are protected to preset ve the community's identity. ■ OS-1: The public has access to plentiful and well -maintained parks, beaches, and recreational activities throughout Morro Bay. • OS-4: Coastal and marine habitat wildlife and resources are protected while maintaining the cultural identity of the habitat. • OS-5: Natural resources are preserved to balance the use of open space for outdoor recreation opportunities. ■ OS-6: Open spaces are preserved through adaptation strategies to mitigate the effects of sea level rise and promote community resiliency. ■ OS-7: Portions of the planning area outside the city limits are planned in a way that preserves their rural nature while providing essential services and infiastructure. PS-2: Development is protected from natural disasters and hazards to the greatest extent possible. • PS-3: Morro Bay is prepared for and responsive to the effects of sea level rise and other coastal hazards in both the short and longer term future. • PS-4: Response to emergencies is quick, efficient, and effective. • EJ-4: Morro Bay recognizes and is prepared for increased health risks due to current and anticipated future climate change effects. Morro Bay General Plan and Local Coastal Program (LCP) Update 44 Findings of Fact Preliminary —Subject to Revision March 2021 Attachment A to Council Resolution 20-21 Findings of Fact The General Plan and LCP Update Land Use Element directs the way in which development in the City will occur to accommodate future growth and trends while maintaining the character of the Morro Bay community, consistent with these goals. The Community Design Element addresses the components of Morro Bay's unique style that will be preserved and enhanced through the General Plan and LCP Update as the City changes over time. The Economic Development Element directs actions that promote a sustainable economy that can withstand fluctuations in the economic environment of the City. The Circulation h lement plans for a multimodal transportation network that serves all users and reduces GHGs and vehicle miles traveled. The Noise Element protects current and planned land uses, addresses sites and standards for new housing, supports the location and design of new transportation facilities, addresses traffic noise, and considers how noise adversely affects the enjoyment of recreational pursuits and wildlife. The Conservation Element considers plans for development and their effect on all natural resources located on public lands, including greenhouse gas emissions and water resources, supply, and quality. The Open Space Element establishes goals and policies to protect and conserve Morro Bay's open space resources and addresses opportunities to expand the open space system by assessing park and trail facilities, coastal facilities, and recreation programs The Public Safety Element addresses public safety, with a specific focus on hazard identification and mitigation. The Environmental Justice Element addresses the social aspects of community design. The mixed -use nature of the General Plan and LCP Update encourages diversification and development of the City's economic base. Within additional residential uses, there will be additional pioperty tax revenues available that will provide additional benefits. Additionally, within the commercial uses there is a broad diversification of uses that range from the provisions of various types of sales taxes (restaui ants, entertainment, etc.) to potential transient occupancy taxes (hotel uses). Further, the General Plan and LCP Update will provide significant benefits to the City and community in terms of creating both short and long-term employment opportunities for the residents of the City including construction work and long-term jobs in the commercial and industrial sector, which are reasonably expected to 1 esult in more personal income likely to be spent locally, resulting in additional tax revenues and economic development. Tax revenues in the City are important given the current budget and fiscal constiaints being experienced by the City; and the City's demographics and business realities are likely to continue to affect revenues detrimentally, which potentially threatens budget shortfalls. The City has more residents to serve, but the cost of doing so has increased The City finds the opportunity to realize additional property, sales and transit occupancy tax revenues is an important consideration for the City. Consequently, it is reasonably expected the City and its residents will enjoy the economic and social benefits from the diversity of the economic benefits pi ovided by the General Plan and LCP Update. These economic opportunities are especially significant in light of budgetary and other constiaints experienced by the City, and which can be further compounded by economic downturns in budgetary situations involving less diversification. This promotes the economic well-being of the City, including the funding of essential services provided by the City. 01181.0001/712396.1 JPANNONE_ALVVY Mono Bay General Plan and Local Coastal Program (LCP) Update 45 Findings of Fact March 2021 Preliminary — Subject to Revision Findings of Fact Attachment A to Council Resolution 20-21 Each of these benefits provides a separate and independent basis for overriding the significant environmental effects of the General Plan and LCP Update. As the CEQA lead agency for the proposed action, the City has reviewed the General Plan and LCP Update and the alternatives presented in the EIR. The City Council finds there are no feasible mitigation measures or alternatives that «ould further reduce 01 eliminate the significant u navoidable impacts of implementing the General Plan and LCP Update, which create and/or otherwise contribute to related cumulative impacts. For the seasons stated above and based on substantial evidence in the record before it, the City Council finds these unavoidable adverse e nvironmental impacts are acceptable and, furthermore, finds the benefits of the General Plan and LCP Update outweigh its unavoidable adverse environmental effects. Further, the City Council finds all potential adverse environmental impacts and all feasible policy of mitigation measures to reduce the impacts from the Project have been identified in the Di aft EIR, the FEIR and public testimony. The City also finds a reasonable range of alternatives was considered in the FEIR and this document, Chapter 6, above, and finds approval of the General Plan and LCP Update is appropriate. The City Council has identified economic and social benefits and important policy objectives that will result from implementing the General Plan and LCP Update. The City Council has balanced these substantial social and economic benefits against the unavoidable significant adverse effects o f the General Plan and LCP Update. Given the substantial social and economic benefits that will accrue from the General Plan and LCP Update, the City Council finds these specific overriding benefits of the Project outweigh the significant impact on the environment. Public Resource Code section 21002 states, in part, "In the event specific economic, social and other conditions make infeasible such Pioject alternatives or such mitigation measures, individual projects can be approved in spite of one of more significant effects thereof." Public Resources Code subdivision 21002.1 (c) provides, "In the event that economic, social, or other conditions make it infeasible to mitigate one or more significant effects of a project on the environment, the project may nonetheless be approved or carried out at the discietion of a public agency". Finally, California Administrative Code, Title 4, subdivision 15093(a) states, "If the benefits of a Project outweigh the unavoidable adverse environmental effects, the adverse environmental e ffects may be considered `acceptable."' The City Council hereby declares the foregoing benefits provided to the public through approval and implementation of the project outweigh the identified significant adverse environmental impacts of the project that cannot be mitigated. The City Council finds each of the project benefits outweighs the unavoidable adverse environmental impacts identified in the FEIR, and finds those impacts to be acceptable. Based upon the objectives identified for the project, the City Council has determined the General Plan and LCP Update should be approved and the unmitigated environmental impacts attributable to the pi oject are outweighed by the specific economic, social and other overriding considerations as described above. Morro Bay General Plan and Local Coastal Program (LCP) Update 46 Findings of Fact March 2021 Preliminary - Subject to Revision Attachment A to Council Resolution 20-21 Findings of Fact The City Council has determined any environmental detriment caused by the General Plan and LCP Update has been minimized to the extent feasible through mitigation measures identified herein and where not feasible has been outweighed and counterbalanced by the significant social benefits to be generated to the City, its residents, and the region. 01181.0001/712396.1 JPANNONE_ALWY Morro Bay General Plan and Local Coastal Program (LCP) Update 47 Findings of Fact March 2021 Preliminary —Subject to Revision Attachment B to Council Resolution 20-21 Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Morro Bay General Plan and Local Coastal Plan Update, SCH#2017111026, proposed in the City of Morro Bay, California. Public Resources Code subdivision 21081.6(a)(1) requires a Lead Agency adopt an MMRP before approving a project to mitigate or avoid significant impacts that have been identified in an Environmental Impact Report (EIR). The purpose of the MMRP is to ensure the required mitigation measures identified in the EIR are implemented as part of the overall project development process. In addition to ensuring implementation of mitigation measures, the MMRP provides guidance to agency staff and decision -makers during project implementation and identifies the need for enforcement action before irreversible environmental damage occurs. The MMRP must be adopted when the City Council makes a final decision on the project. The following table summarizes the mitigation measures identified in the Final EIR for the proposed project. Specifically, the table identifies each mitigation measure; the action required for the measure to be implemented; the time at which the monitoring is to occur; the monitoring conditions; and the agency or party responsible for ensuring that the monitoring is performed. Once completed, all monitoring actions will be reported in writing to or by the City, which will maintain mitigation monitoring records for the proposed project. 01181.0001/712686.1 JPANNONE_ALWY Final Environmental Impact Report G-1 Attachment B to Council Resolution 20-21 City of Morro Bay Morro Bay General Plan and LCP Update Mitigation Measure Action Required : When Monitoring to Occur Monitoring Frequency Responsible Agency or Party Compliance verification i Initial:: Date =Comments AQ-2. Standard Mitigation for Construction Equipment. Proponents of individual land use projects, or other projects requiring grading or building permits, shall require construction contractors to incorporate the following standard mitigation measures, as applicable, to reduce ROG, NOx, and DPM emissions from construction equipment. Mitigation measures shall be listed on project construction plans and the project proponent shall perform periodic site Inspections during construction to ensure that mitigation measures are being implemented. • Maintain all construction equipment In proper condition according to manufacturer's specifications • Fuel all off -road and portable diesel -powered equipment with ARB-certified motor vehicle diesel fuel (non -taxed version suitable for use off -road) • 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 • Use on -road heavy-duty trucks that meet ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation • 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 • 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 • Diesel idling within 1,000 feet of sensitive receptors is not permitted • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors • Electrify equipment when feasible Verify all SLOAPCD Standard Mitigation for Construction Equipment or the equivalent are implemented for all projects as applicable. During project construction Continuously during project construction City of Morro Bay Community Development Department G-2 Attachment B to Council Resolution 20-21 Mitigation Monitoring and Reporting Program Mitigation Measure.: Action Required ; When Monitoring to Occur Monitoring Responsible Frequency Agency or Party Compliance Verification Initial Date Comments Substitute gasoline -powered in place of diesel -powered equipment, where feasible Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. BIO-1(a) Avoidance and Minimization during Development. Policy C-1 3 shall be updated to read: Policy C-1.3. Biological Site Assessments. A biological assessment shall be required for any development proposed on sites that include or are within 100 feet of mapped ESHA in Figure C-2, and all other sites with natural vegetation regardless of whether ESHA has been mapped in Figure C-2, and for all other projects for which evidence indicates that ESHA may be present either on or adjacent to the site. The best available information about the location of ESHA in the City shall be used. Such assessment shall be prepared at the owner's expense by a qualified biologist approved by the City and shall, at minimum: a. Identify and confirm the extent of the ESHA, b. Document any site constraints and the presence of sensitive plant or animal species, c. Recommend buffers and development setbacks and standards to protect the ESHA, d a' o •a.,o.,w;c Impacts If listed species, other special status species, or nesting birds are present or have potential to occur, then specify avoidance and minimization measures, including compensatory mitigation, to be implemented to avoid or minimize take of individuals and Toss of occupied habitat, and specify the necessary consultation pathway(s) with USFWS, NMFS, and/or CDFW to obtain incidental take coverage, where necessary, and e. Include any other information and analyses necessary to understand potential ESHA impacts as well as measures Verify vibration control policies are incorporated into Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update City of Morro Bay Community Development Department 01181.0001/712686.1 JPANNONE_ALWY Final Environmental Impact Report G-3 Attachment B to Council Resolution 20-21 City of Morro Bay Morro Bay General Plan and LCP Update Mitigation Measure Action Required When Monitoring to occur Monitoring Responsible Frequency Agency or Party Compliance Verification Initial' Date Comrnents'; necessary to protect the resource as required by the Local Coastal Program. If the site contains the potential for monarch overwintering or rookeries due to the presence of appropriately sized trees and groves, then a seasonally timed survey appropriate for detecting the target species must also be included in the study. BIO-1(b) External Impacts. Policy 05-7 shall be updated to read: Policy OS-7.1. Account for External Impacts. If any portion of the area outside the City limits is included in the City's sphere of influence in the future, then prepare and adopt a plan for the affected parcels that includes infrastructure and services provided by the City of Morro Bay. The plan shall also identify policies for the protection of natural resources in the affected areas. BIO-3. Wildlife Movement Corridors Protection. The following policy shall be added to the Conservation Element. Policy C-1.17. Project Design for Wildlife Connectivity. Design new stream crossing structures and extensions or modifications of existing structures to accommodate wildlife movement. At a minimum, structures within steelhead streams must be designed in consultation with a fisheries biologist and shall not impede movement. New projects with long segments of fencing and lighting shall be designed to minimize impacts to wildlife. Fencing or other project components shall not block wildlife movement through riparian or other natural habitat. Where fencing or other project components that may disrupt wildlife movement is required for public safety concerns, they shall be designed to permit wildlife movement. This policy shall be supported by adding the following implementation action to Goal-1 of the Conservation Element: Wildlife movement features shall be included when designing new or modified stream crossing structures to allow wildlife movement including for aquatic and terrestrial Verify vibration control policies are incorporated into Final General Plan and LCP Update Verify vibration control policies are incorporated into Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update City of Morro Bay Community Development Department City of Morro Bay Community Development Department G-4 Attachment B to Council Resolution 20-21 Mitigation Monitoring and Reporting Program Mitigation Measure Action Required When Monitoring to Occur Compliance Verification Monitoring , Responsible Frequency Agency or Party Initial Date Comments. species. Fencing or other components shall be designed to allow movement. CR-1(a). Avoidance or Minimization of Historic, Cultural, and Archaeological Resources Impacts. Policy C-2.3 of the General Plan and LCP Update shall be revised to read: Policy C-2.3. Protection of Cultural Resources. Ensure the protection of historic, cultural, and archeological resources during development, construction, and other similar activities. Development shall avoid, to the maximum extent feasible, adversely impacting historic, cultural, and/or archaeological resources, and shall include adequate BMPs to address any such resources that may be identified during construction, including avoidance, minimization, and mitigation measures sufficient to allow documentation, preservation, and other forms of mitigation. If the resource(s) in question are of Native American origin, develop avoidance or minimization measures in consultation with appropriate Native American tribe(s). Verify vibration control policies are incorporated into Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update CR-1(b). Cultural Resources Study Implementation Action. The following implementation action for Goal C-2 shall be added to the General Plan and LCP Update: Require all discretionary proposals within the cultural resources overlay to consider the potential to disturb cultural resources. If preliminary reconnaissance suggests that cultural resources may exist, a Phase I cultural resources study shall be performed by a qualified professional meeting the Secretary of the Interior's (5011 Professional Qualification Standard (PQS) for archaeology and/or architectural history, as appropriate (NPS 1983). A Phase I cultural resources study shall include a pedestrian survey of the project site and sufficient background research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research should include a records search at the Central Coast Information Center (CCIC) and a Sacred Lands File (SLF) search with the Native American Heritage Commission Verify vibration control policies are incorporated into Final General Plan and LCP Update City of Morro Bay Community Development Department With adoption Once of Final General Plan and LCP Update City of Morro Bay Community Development Department 01181.0001/712686.1 JPANNONE_ALWY Final Environmental Impact Report G-5 Attachment B to Council Resolution 20-21 City of Morro Bay Morro Bay General Plan and LCP Update Mitigation Measure Action Required When Monitoring to Monitoring Occur Frequency Responsible Agency or Party:. Compliance Verification Initial Date Comments` (NAHC). Where identified or potential resources are of Native American origin, the appropriate Native American tribe(s) will participate with the qualified professional. The technical report documenting the study shall include recommendations to avoid or, if avoidance Is not feasible, reduce impacts to cultural resources. N-2. Construction Vibration Control Measures and Notification. The following new policies shall be added to the Noise Element under Goal NOI-3: Policy NOI-3.5. Vibration Control. Control construction vibration by avoiding the use of vibratory rollers near vibration -sensitive receptors and scheduling construction activities with the highest potential to produce vibration to hours with the least potential to affect sensitive land uses. Policy NOI-3.6. Construction Vibration Notification. Developers shall notify neighbors of scheduled construction activities that would generate vibration. T-1. Pedestrian Facility Improvements. The following pedestrian facility improvements shall be added to the list of "Planned Circulation Improvements" in the General Plan and LCP Update Circulation Element. • Embarcadero North of Beach Street: Provide sidewalks and a vehicular connection shifting traffic away from Beach Street for the redeveloped Morro Bay Power Plant site. • Morro Bay Boulevard: Provide a landscaped buffer at least two feet wide between the sidewalk and travel lanes. • Main Street south of Radcliffe Drive: Provide continuous sidewalks to provide acceptable pedestrian operations. • SR 41 east of Maln Street: Provide sidewalks with a landscaped buffer when adjacent properties are redeveloped. In addition, Policy CIR-1.8 shall be revised as follows: Policy CIR-1.8. Capital Improvement Program. Use the City's Capital Improvement Program (CIF) process to prioritize, fund, and build roadway, end bikeway, and pedestrian Verify vibration control policies are incorporated into Final General Plan and LCP Update Verify vibration control policies are incorporated into Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update City of Morro Bay Community Development Department City of Morro Bay Community Development Department G-6 Attachment B to Council Resolution 20-21 Mitigation Monitoring and Reporting Program Mitigation Measure' Action Required When Monitoring to Occur Monitoring Responsible Frequency Agency or Party Compliance Verification, Initial Date Comments Improvements, and to address phasing and construction of traffic infrastructure throughout the city. TC-1. Tribal Cultural Resources. The Final EIR concludes, in Impact TC-1, development facilitated by the General Plan and LCP Update has the potential to impact tribal cultural resources. Implementation of the goals and policies of the General Plan and LCP Update would minimize the potential for impacts to previously unidentified tribal cultural resources. (Final EIR p. 4.15-3). The City Council finds changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a less than significant level. Verify vibration control policies are incorporated into Final General Plan and LCP Update With adoption Once of Final General Plan and LCP Update City of Morro Bay Community Development Department 01181.0001/712686.1 JPANNONE_ALWY Final Environmental Impact Report G-7 Attachment B to Council Resolution 20-21 City of Morro Bay Morro Bay General Plan and LCP Update