CITY OF GROVER BEACH COMMUNITY DEVELOPMENT DEPARTMENT

Transcription

1 CITY OF GROVER BEACH COMMUNITY DEVELOPMENT DEPARTMENT Notice of Intent to Adopt Mitigated Negative Declaration DA NO Through 28 Environmental Document No PROJECT TITLE Huston Street Cannabis Complex APPLICANT NAME & PHONE NUMBER Prime Capital Venture, LLC (213) MAILING ADDRESS: 807 E. 12 th Street, Suite #401 Los Angeles, CA STAFF CONTACT: A. Rafael Castillo, AICP (805) PROJECT ADDRESS: 943 and 953 Huston Street Grover Beach, CA PROJECT DESCRIPTION: APN: ,031, ,005,019 Proposed development site is approximately 5.3 acres of an originally approved 11.4 acre development, known as the Grover Business Park (Application ), approved in January 1998 and subsequently amended in 2000, 2009, and The proposed project is located on six (6) separate legal lots and is located in an already disturbed area surrounded by existing development. The proposed project includes the following: Construction of six (6) separate buildings totaling 114,894 square feet for cultivation, manufacturing, and distribution of cannabis and cannabis related products with a proposed maximum building height of approximately 36-feet. Cannabis manufacturing utilizing volatile and non-volatile solvents (Type 1 and Type 2) within the proposed buildings; Proposed cultivation indoors utilizing a mix of artificial and natural lighting. Proposed grading on-site including 5,095 cubic yards of cut and 7,635 cubic yards of fill, resulting in an import of 2,540 cubic yards of materials to the project site; Total landscaping area of 27,372 square feet consistent with State water efficient landscaping standards; A total of 95 parking spaces would be provided; Installation of sidewalk, sewer, and water laterals to service the proposed project. LEAD AGENCY: City of Grover Beach Community Development Department 154 South 8 th Street Grover Beach, CA DOCUMENT AVAILABLE ONLINE: STATE CLEARING HOUSE REVIEW: Yes NO

2 REVIEW PERIOD BEGINS: 09/17/2018 REVIEW PERIOD ENDS: 10/6/2018 PUBLIC HEARING REQUIRED: No Yes October 10, 2018, 6:30 PM PUBLIC NOTICE: Project Questions: The City of Grover Beach is releasing a draft Initial Study and Mitigated Negative declaration at the above project address for review and comment to all effected agencies, organizations, and interested parties. Reviewers should focus on the content and accuracy of the report and the potential impacts upon the environment. The notice for this project is in compliance with the California Environmental Quality Act (CEQA). Persons responding to this notice are urged to submit their comments in writing. Written comments should be delivered the City (lead agency) no later than 5:00 p.m. on the date listed as review period ends. Submittal of written comments via is also accepted and should be directed to the Staff contact at the above address. This document may be viewed by visiting the Community Development Department, listed under the lead agency address, or accessed via the City s website. Any questions or comments on this environmental document should be directed to A. Rafael Castillo, AICP, Senior Planner, City of Grover Beach. rcastillo@groverbeach.org. Phone: (805) Environmental Review City of Grover Beach Page 1

3

4 DA Through PROJECT ENVIRONMENTAL ANALYSIS The City of Grover Beach s environmental review process incorporates all of the requirements for completing the Initial Study as required by the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study includes staff s on-site inspection of the project site and surrounding area and a detailed review of the information on file for the proposed project. In addition, available background information is reviewed for each project. Relevant information regarding soil types and characteristics, geological information, significant vegetation and/or wildlife resources, water availability, wastewater disposal service, existing land uses and surrounding land use categories and other information relevant to the environmental review process are evaluated for each project. Exhibit A includes the references used, as well as the agencies or groups that were contacted as a part of this Initial Study. The City of Grover Beach uses the checklist to summarize the results of the research accomplished during the initial environmental review of the project. Persons, agencies, or organizations interested in obtaining more information regarding the environmental review process for a project should contact the Community Development Department, 154 South 8 th Street, Grover Beach, CA or call (805) A. PROPOSED PROJECT Description: Proposed development site is approximately 5.3 acres of an originally approved 11.4 acre development, known as the Grover Business Park (Application ), approved in January 1998 and subsequently amended in 2000, 2009, and The proposed project is located on six (6) separate legal lots and is located in an already disturbed area surrounded by existing development. The proposed project includes the following: Construction of six (6) separate buildings totaling 114,894 square feet for cultivation, manufacturing, and distribution of cannabis and cannabis related products with a proposed maximum building height of approximately 36- feet. Cannabis manufacturing utilizing volatile and non-volatile solvents (Type 1 and Type 2) within the proposed buildings; Proposed cultivation indoors utilizing a mix of artificial and natural lighting. Proposed grading on-site including 5,095 cubic yards of cut and 7,635 cubic yards of fill, resulting in an import of 2,540 cubic yards of materials to the project site; Total landscaping area of 27,372 square feet consistent with State water efficient landscaping standards; A total of 95 parking spaces would be provided; Installation of sidewalk, sewer, and water laterals to service the proposed project. Assessor parcel number(s): ,005,019, ,031 Latitude: W Longitude: N Other public agencies whose approval is required: N/A Environmental Review City of Grover Beach Page 2

5 DA Through Native American tribes requested consultation pursuant to Public Resources Code section City staff sent out early consultation requests on July 13, 2018, with no responses received. Letters are available within the project file located at Community Development Department, 154 South 8th Street, Grover Beach, CA. B. EXISTING SETTING Land use designation: Industrial (I) Zoning district Industrial (1) Parcel size: 5.3 acres Topography: Relatively flat Average Slope: 0 to 5% Vegetation: Existing use: Surrounding land use: Previously disturbed soil, non-native grasses Vacant North: South: East: West: Vacant / Industrial Printing / Future Office / Corporation Yard Outdoor Storage / Vacant Residential Business Park / Mini Storage Environmental Review City of Grover Beach Page 3

6 DA Through C. ENVIRONMENTAL ANALYSIS During the initial study process, at least one issue was identified as having a potentially significant environmental effect (see following Initial Study). The potentially significant items associated with the proposed project can be minimized to less than significant levels. CITY OF GROVER BEACH INITIAL STUDY CHECKLIST 1. AESTHETICS Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Have a substantial adverse effect on an adopted scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? EXISTING SETTING: The project site is located along Huston Street within the City s industrial zone. The project site is not located in adopted scenic vista zones, consistent with the City s Scenic Routes element. There are no known scenic resources within the project site or within the vicinity of the project site. Highway 1, which is located approximately ¼ to the west of the project site is an eligible scenic state highway, however this transportation facility is not directly visible from the project site. Currently, the site is vacant, however there is surrounding residential development to the east, and existing industrial type development that includes existing lighting and glare. PROPOSED PROJECT: The proposed project includes the construction of six (6) separate buildings on six legal lots. Maximum height of buildings, including any parapets that screen mechanical systems, is approximately 36-feet. This is below the maximum height allowed of 40- feet in the Industrial Zone. The proposed project includes manufacturing commercial cannabis, distribution of commercial cannabis, and cultivation of both medical and adult use (recreational) cannabis. The proposed project site is vacant, with Huston Street dividing the project into two (2) new buildings to the west and four (4) new buildings to the east. The two (2) buildings on the western Environmental Review City of Grover Beach Page 4

7 DA Through portion of the proposed project site will be of higher architectural quality compared to the existing industrial type of development. The proposed project site on the east that includes four (4) new buildings are of similar scale and utilize similar materials to the newer development along Huston. Lots A-1 and A-2 of the proposed project are adjacent to an existing single family residential neighborhood, however the buildings are set back approximately 100-feet from the property line, consistent with the original Use Permit approval for the Grover Business Park. This building setback is in excess of the minimum required 10-foot setback required in the Industrial Zone. The proposed project includes flexible areas where proposed indoor cultivation or manufacturing spaces include sky-lights that will have heights of approximately 26-feet for each building. The applicant is proposing to screen these skylights, which have potential to cause glare, from existing residential and industrial development through the use of parapets and other building materials that are directly incorporated into the buildings proposed design (refer to exhibit C), which would reduce or eliminate glare. Potential sources of daytime glare through construction of sky-lights for use as a part of any commercial cannabis cultivation activities have been self-mitigated through proposed building design and parapets. Additionally, these parapets screen artificial light that will be included as a part of a mixed-light commercial cannabis cultivation. It is expected that these lights would be in operation for 24 hours a day / 7 days a week. The City s Municipal Code requires screening of artificial light for indoor commercial cannabis operations from dusk to dawn. With the use of parapets and screens incorporated into building design, no mitigation is required. The proposed project will add additional lighting to the area that previously did not exist. Development Code Section contains standards for outdoor lighting include height, energy efficiency, and shielding of light. The proposed project includes the following: ground lighting, pole lights located within parking and driveway areas, wall lights, in-ground lighting in landscaped areas / pedestrian areas, and down lighting attached to proposed buildings. The Development Code limits outdoor lights to either 20-feet or the height of the nearest building, whichever is less. Since the buildings exceed the 20-foot height, the maximum a light pole could reach is 20-feet, which may affect nighttime views, specifically for nearby residents on the eastern portion of the proposed project. The proposed project would create new industrial development on previously vacant parcels. While this would modify the existing site from its vacant state, this would not degrade the existing character of the site and its surroundings because the area along Huston is zoned industrial and contains a number of industrial type activities. Degradation of the existing visual character or quality of the site and its surroundings of the proposed project is considered less than significant. MITIGATION / CONCLUSION: To reduce the potential impacts from the creation of new nighttime light and glare sources, the following mitigation measures shall be incorporated. With these measures, the potential new sources of substantial nighttime light and glare are considered less than significant. AES 1. Any luminaire pole height shall not exceed 20-feet in height for the entire project site to minimize off-sight light spillage, consistent with the Grover Beach Development Code. AES 2. Proposed lighting within the project must be compliant with the international dark sky association standards, and must be down lit to prevent off-site spillage of light. Environmental Review City of Grover Beach Page 5

8 DA Through AES 3. Reduction of the level of lighting within parking areas shall be to the minimum standard allowed by the California Building Code after 10:00 P.M. during normal operations within the proposed project site. AES 4. Prior to final occupancy, staff and the applicant shall meet on-site and review lights at dusk conditions, in addition to lights after 10:00 P.M. conditions to ensure off-site light spillage and glare is minimized or eliminated. 2. AGRICULTURE RESOURCES Will the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to nonagricultural use? Potentially Significant Requires Mitigation Insignificant Not Applicable b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land, timberland or timberland zoned Timberland Production? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? EXISTING SETTING: The current General Plan land use designation is Industrial and all six lots are currently vacant. There are no agriculture activities occurring on-site. Based on data from the California Department of Conservation, there are no lands of statewide importance, or prime farmland on the site. PROPOSED PROJECT: The proposed project is not in any agriculture zones and will not affect agriculture resources in the City. Staff verified through the California Department of Conservation that the project site is located within State designated urban and built-up land and is not part of a Williamson Act contract or designated prime farmland. MITIGATION / CONCLUSION: The proposed project will not impact any agricultural resources. Environmental Review City of Grover Beach Page 6

9 DA Through AIR QUALITY Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? EXISTING SETTING: The proposed project site is vacant and has previously disturbed soil through previous activities on the site. PROPOSED PROJECT: The proposed project consists of the construction of a total of six (6) industrial buildings that would contain commercial cannabis operations in the form of manufacturing, indoor cultivation, and distribution of commercial cannabis products. A total of 114,894 square feet (sf) of non-residential space is proposed for construction, with a total of 5,095 cubic yards of grading would occur on-site and disturb existing soil. City staff solicited feedback from the San Luis Obispo County Air Pollution Control District (SLOAPCD) to perform initial screen criteria, consistent with the District s CEQA Air Quality Handbook, April 2012, and November 2017 clarification memo. Based on discussions with district staff members, the recommendation, based on submitted project description, proposed number of employees, and deliveries utilizing gas powered vehicles, the District recommended that the project be categorized as a industrial manufacturing project for screening and air quality purposes. Based on this determination, the proposed project will not exceed SLOAPCD s ozone precursor for a potential significant air pollution of 25 pounds per day of Reactive Organic Gas (ROG) plus, Nitrogen Oxide (NOx) gases, which is based on projects exceeded 262,000 square feet in building size. Therefore, the project is considered less than significant impact in regards to an applicable air quality plan, or result in a cumulatively considerable increase in pollutants. Environmental Review City of Grover Beach Page 7

10 DA Through The proposed project is located within 1,000 feet of sensitive receptors. Sensitive receptors are includes parks and playgrounds, day care centers, nursing homes, hospitals, and residential units. The proposed project includes construction and grading activities, while temporary, that may expose these receptors to temporary, short term, pollutant concentrations that are related to construction activities. To ensure the temporary, construction pollution is reduced, mitigation measures will be included. The proposed project includes indoor cultivation, distribution, and manufacturing of commercial cannabis. Cannabis facilities may cause objectionable odor. The Grover Beach Municipal Code and Development Code requires odor control systems for all manufacturing and cultivation uses. This system is specific to the proposed use and must be certified prior to occupancy. With implementation of the City s existing ordinances, the impact is considered less than significant. MITIGATION / CONCLUSION: To reduce potential exposure of temporary, construction related air emissions, the following mitigation measures will be included to render potential temporary impacts of air quality to a less than significant threshold. AQ 1. This project is in close proximity to nearby sensitive receptors (existing residential neighborhoods within 1,000 feet). Projects that have diesel powered construction activity in close proximity to any sensitive receptor shall implement the following mitigation measures to ensure that public health benefits are realized by reducing toxic risk from diesel emissions: To help reduce sensitive receptor emissions impact of diesel vehicles and equipment used to construct the project, the applicant shall implement the following idling control techniques: 1. California Diesel Idling Regulations a. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-california based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than five minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. b. Off-road diesel equipment shall comply with the 5-minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board s In-Use Off-Road Diesel regulation. c. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the State s 5-minute idling limit. d. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: and 2. Diesel Idling Restrictions Near Sensitive Receptors for nearby residences within 1,000 feet of the proposed project. Environmental Review City of Grover Beach Page 8

11 DA Through In addition to the State required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment is recommended; and d. Signs that specify the no idling areas must be posted and enforced at the site. AQ 2. Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. The proposed project is within 1,000 feet of a sensitive receptor and shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD s limit of 20% opacity for greater than 3 minutes in any 60 minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that since water use is a concern due to drought conditions, the contractor or builder shall consider the use of an APCDapproved dust suppressant where feasible to reduce the amount of water used for dust control. Please refer to the following link for potential dust suppressants to select from to mitigate dust emissions: ng%20pm10%20emissions.htm c. All dirt stock pile areas should be sprayed daily and covered with tarps or other dust barriers as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive, grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j. Track-Out is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Section and California Water Code To prevent track out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a track-out prevention device where vehicles enter and exit unpaved roads onto paved streets. The Environmental Review City of Grover Beach Page 9

12 DA Through track-out prevention device can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Street sweepers shall be used with reclaimed water should be used where feasible. Roads shall be pre-wetted prior to sweeping when feasible; l. All PM 10 mitigation measures required should be shown on grading and building plans; and, m. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the APCD s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim Fuhs at (805) ). 4. GREENHOUSE GAS EMISSIONS Will the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Potentially Significant Requires Mitigation Insignificant Not Applicable EXISTING SETTING: The proposed project site is vacant and has previously disturbed soil through previous activities on the site. PROPOSED PROJECT: The proposed project consists of the construction of a total of six (6) industrial buildings that would contain commercial cannabis operations in the form of manufacturing, indoor cultivation, and distribution of commercial cannabis products. A total of 114,894 square feet (sf) of non-residential space is proposed for construction, with a total of 5,095 cubic yards of grading would occur on-site and disturb existing soil. The proposed project is located in an urban area. City staff analyzed the project based on APCD recommended manufacturing thresholds for new industrial projects. The proposed project is approximately 115,000 square feet in size. The Brightline threshold for a similar project to exceed APCD s Greenhouse Gas (GHG) emissions threshold of 1,150 Carbon Dioxide (CO 2 ) metric tons a year in either operational or construction air emissions is a manufacturing project over 123,000 square feet. Therefore the proposed project is considered an insignificant project based on the threshold. Environmental Review City of Grover Beach Page 10

13 DA Through The proposed project implements the City s adopted Climate Action Plan by specifically implementing the goals and policies of the Climate Action Plan (Policy TL-8), and limiting idling time, consistent with policy measure O-2, (refer to Air Quality discussion). Additionally, the proposed project is utilizing solar panels to help off-set electricity and carbon emissions as a part of its operations. Based on implementation of pertinent measures contained in the Climate Action Plan the proposed project is considered less than significant. MITIGATION / CONCLUSION: Implementation of policy measures within the City s adopted Climate Action Plan, and AQ-2, renders proposed project impacts to an insignificant impact level. 5. BIOLOGICAL RESOURCES Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS)? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or CDFW and USFWS? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with policies or ordinances protecting biological resources, such as the tree native tree ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Environmental Review City of Grover Beach Page 11

14 DA Through EXISTING SETTING: The proposed project site is vacant and has previously disturbed soil through previous activities on the site. There are no significant biological factors on the site (wetlands, creeks, etc.), based on a site visit and review of wildlife mapping on both the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) mapping service. PROPOSED PROJECT: The proposed project consists of the construction of a total of six (6) industrial buildings that would contain commercial cannabis operations in the form of manufacturing, indoor cultivation, and distribution of commercial cannabis products. A total of 114,894 square feet (sf) of non-residential space is proposed for construction, with a total of 5,095 cubic yards of grading would occur on-site and disturb existing soil. The proposed project is not located in a riparian area, nor conflict with any designated water of the U.S., as there are no water bodies on or directly adjacent to the site. The site has no existing native or non-native trees on-site, and there is no adopted habitat conservation plan governing the proposed project area. The 2009 Land Use Element update Final Environmental Report (FEIR) analyzed endangered and sensitive species within areas of proposed new development and infill development. The FEIR noted that the proposed project area is not suitable habitat for threated, endangered mammals, insects, and vegetation. Regardless of the Land Use Element FEIR findings, a review of the FEIR Appendix B1, and B2 special status species, and endangered species coupled with review of updated mappings since the certification of the EIR occurred in Two special status species may have suitable habitat within the proposed project area: American badger, and silvery legless lizard. To ensure consistency with Federal and State regulations, a mitigation measures will be required to ensure protection of any threatened or special status species on-site. MITIGATION / CONCLUSION: The following mitigation measure is required to reduce potential impacts to potential habitat for special status species / endangered species to a less than significant impact threshold. Bio 1. A biological survey by a qualified biologist is required prior to commencement of any grading activities on-site to ensure no endangered / special status species are on-site. 6. CULTURAL RESOURCES Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Cause a substantial adverse change in the significance of a historical resource? b) Cause a substantial adverse change in the significance of an archaeological resource? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Environmental Review City of Grover Beach Page 12

15 DA Through Potentially Significant Requires Mitigation Insignificant Not Applicable d) Disturb any human remains, including those interred outside of formal cemeteries? EXISTING SETTING: The proposed project site is vacant and has previously disturbed soil through previous activities on the site. The site is considered an infill site surrounded by nonresidential development to north, south, and west, and single-family residences to the east. No archeological resources have been discovered or noted during construction of the previously approved portions of Grover Business Park, which has been previously analyzed as part of the certified negative declarations in 1997 and PROPOSED PROJECT: The proposed project consists of the construction of a total of six (6) industrial buildings that would contain commercial cannabis operations in the form of manufacturing, indoor cultivation, and distribution of commercial cannabis products. A total of 114,894 square feet of non-residential space is proposed, with a total of 5,095 cubic yards of grading would occur on-site and disturb existing soil. Because the site has been previously disturbed, and locations adjacent to it have been development, and the site is not located near any previously known or mapped areas of potential cultural significance, a Phase 1 survey is not warranted. However, since the site has yet to be fully graded, to ensure human remains are not located on-site, a mitigation measure will be required. MITIGATION / CONCLUSION: Implementation of the following mitigation measure will lower the threshold of impacts to a less than significant. CR 1. In the event that human remains are discovered on the property, all work on the project shall stop and the Grover Beach Police Department and the County Coroner shall be contacted. The Grover Beach Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) within 24 hours. A representative from local Native American tribes shall be notified and present during the excavation of any remains. Environmental Review City of Grover Beach Page 13

16 DA Through GEOLOGY AND SOILS Will the project: a) Result in the exposure to or production of unstable earth conditions including the following: Landslides; Earthquakes; Liquefaction; Land subsidence or other similar hazards? b) Be within a California Geological Survey Alquist-Priolo Earthquake Fault Zone, or other known fault zone? (consultant Division of Mines and Geology Special Publication #42) Potentially Significant Requires Mitigation Insignificant Not Applicable c) Result in soil erosion, topographic changes, loss of topsoil or unstable soil conditions from proposed improvements such as grading, vegetation removal, excavation or use of fill soil? d) Include any structures located on known expansive soils? e) Be inconsistent with the goals and policies of the City s Safety element relating to geologic and seismic hazards? f) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? EXISTING SETTING: The project site does not lie within an area of high risk of liquefaction, landslides or subsidence based on review of City GIS information. The project site is not located on or near a known fault line and is not located within a California Geological Survey Alquist- Priolo Earthquake Fault Zone. California Department of Conservation mapping files show the project site to be in an area of low risk for both landslides and liquefaction. PROPOSED PROJECT: Although there are no known faults within the proposed project site, there are faults located near the City that have been known to create seismic events. The City has adopted the California Building Code (CBC) as its building code, and updates this code during each required adoption cycle, including local exceptions. This Code is continually updated with requirements to make buildings safer during a seismic event. Additionally, the CBC requires a soils / geotechnical report that is site specific and includes methodologies in construction to ensure life safety is addressed. Incorporation of the latest California Building Code requirements Environmental Review City of Grover Beach Page 14

17 DA Through at the time of building permit submittal will reduce the exposure of people and structures to strong ground shaking to a less than significant level. The proposed project would remove topsoil to construct the proposed project, however the proposed project includes over 31,592 square feet of landscape areas and utilizes pervious pavers throughout the project to reduce stormwater runoff. Consistent with both the Development Code and the City s adopted Stormwater Management Plan, sedimentation and erosion control shall include, but are not limited to: slope surface stabilization through temporary mulching or seeding, or natural or paved interceptors and diversions installed at the top of cut or fill slopes. Erosion or sedimentation control devices can be used in order to prevent polluting sedimentation discharges. Control devices may include, but are not limited to: energy absorbing structures or devices to reduce the velocity of runoff water, sediment debris basin and traps, dispersal of water runoff over undisturbed areas, and implementing multiple discharge points to reduce volume of runoff over localized areas. A requirement of the Development Code and the City s adopted Stormwater Management plan requires the inclusion of an erosion and sediment control plan, to be reviewed and approved by the City Engineer or their designee. Implementation of existing City codes and adopted policies renders this potential impact to less than significant. The proposed project would connect to the City s existing sewer system located in Huston Street. MITIGATION / CONCLUSION: Implementation of the City s Municipal Code, California Building Code, and Stormwater Management Plan renders potential impacts to less than significant levels. 8. HAZARDS AND HAZARDOUS MATERIALS Will the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Potentially Significant Requires Mitigation Insignificant Not Applicable b) Create a hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section and, as a result, would it create a significant hazard to the public or the environment? Environmental Review City of Grover Beach Page 15

18 DA Through e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Requires Mitigation Insignificant Not Applicable g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? EXISTING SETTING: The existing site does not have any documented hazardous materials on or around the site. The proposed project site is less than ¾ of a mile from the Oceano County Airport, however it is not located within an adopted flight plan, and is identified in the Oceano County Airport Land Use Plan (OCALUP) as an area impacted by departing aircraft. Aviation noise and safety impacts in the TP-1 area (within the proposed project area) is considered to be low impact. The proposed project is not located in an area considered high risk for wildland fires. PROPOSED PROJECT: The proposed project consist of the construction of six (6) new commercial cannabis buildings including indoor cultivation and manufacturing that includes the use of either level 1 (non-volatile solvents) or level 2 (volatile solvents) during the extraction process. At this time, the proposed project has not identified which buildings would include either indoor cultivation of cannabis, Level 1 or level 2 manufacturing, or a combination of both in the development plans of each individual building. The City s adopted Development Code and related commercial cannabis ordinances requires all applicants for cannabis manufacturing and cultivation submit an operations plan that meets or exceeds minimum legal standards for proper storage of fertilizers, pesticides, hazardous materials, and other regulated products to be used on-site. In addition to local regulations, the State of California controls the use of pesticides, fertilizers, and other hazardous materials, as well as flammable material (such as ethanol) and compressed gasses (such as carbon dioxide) or any other volatile solvents used in the level 2 manufacturing processes. The City has adopted Fire and Life Safety Requirements that go above and beyond adopted CBC practices, and include the use of extraction rooms / booths if an operation includes level 2 manufacturing process. Any distribution, manufacturing, or commercial cultivation would be subject to inspection by the local Fire Department, at any time to ensure compliance with the Environmental Review City of Grover Beach Page 16

19 DA Through City s ordinances and regulations. With implementation of these local codes and state regulations, the potential impact is considered less than significant. MITIGATION / CONCLUSION: Implementation of the City s adopted Development Code, Municipal Code, and Council adopted Fire and Life Safety Requirements, renders potential impacts less than significant. 9. WATER QUALITY / HYDROLOGY Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? Environmental Review City of Grover Beach Page 17

20 DA Through g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Requires Mitigation Insignificant Not Applicable EXISTING SETTING: The proposed project site is vacant and has previously disturbed soil through previous activities on the site. The site does not lie within a 100- year flood plain and will therefore not be at risk of flood. The site is not located within the Lopez Damn inundation zone. This site does not contain a stream, river or identified waters of the United States (U.S.). A portion of the western C2 and A2 lot is located within an identified tsunami inundation zone based on review of geographic informational system maps provided by the California Department of Conservation. PROPOSED PROJECT: The existing pre-development drainage pattern of the site would be altered to accommodate development of the proposed project. Upon completed construction, the project would have a remaining 31,590 square feet of pervious surface (landscaped areas). The proposed project includes the use of pervious pavers on portions of the parking lots that drain to planters for on-site retention and percolation. The remainder of stormwater runoff drains to an existing basin off-site that was completed as a part of the original Grover Business Park project. The proposed project has easements, as a part of the previous project approval, to convey stormwater to this existing basin where it would percolate back to the ground. Post-stormwater construction standards require drainage patterns to mimic pre-development status, as required by the Regional Water Quality Control Board, and the City s adopted Stormwater Management Plan. However, the proposed project was a part of a previously approved project (1999) and subsequently amended in 2001, 2008, and as recently as Because this project is a subset of an original approved, vested, and entitled project, it is considered a previously approved project for consistency with post-stormwater construction regulations. Additionally, the City, consistent with the Development Code and its Stormwater Management Plan, requires a Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan to be submitted and approved by the City Engineer, or their designee prior to the issuance of the building permit. The plan must include storm water measures for the operation and maintenance of the project for their review and identify Best Management Practices (BMPs) appropriate to the Environmental Review City of Grover Beach Page 18

21 DA Through uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. With implementation of the City s Development Code, Municipal Code, and Stormwater Management Plan, altering of existing drainage patterns, and contribution of surface runoff is considered less than significant. In general, coastal Grover Beach is protected from tsunami hazards by the area s wide beaches and coastal dunes. Several small tsunami events have been recorded in San Luis Obispo County, none of which have caused major damage in Grover Beach. The proposed project is in a small portion considered to be in an inundation zone for a tsunami event. Tsunami events are a rare occurrence. The proposed project is located approximately one (1) mile from the coast. San Luis Obispo County Operation of Emergency Services (OES) and the National Oceanic Atmospheric Administration (NOAA) have emergency evacuation plans already in place. With implementation of evacuation plans and policies, this impact is considered less than significant. MITIGATION / CONCLUSION: With implementation of the City s Development Code, Municipal Code, as well as the policies outlined in the adopted Stormwater Management Plan, the potential impacts are rendered to a less than significant level. Implementation of existing policies and emergency evacuation procedures for tsunamis render this potential impact to a less than significant threshold. 10. LAND USE & PLANNING Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? EXISTING SETTING: The site s General Plan designation and zoning is Industrial. Surrounding properties are zoned Industrial (I) to the north, south and west with the exception of the City s corporation yard (Public Facility). To the east, the zoning designation is Low Density Residential (R1). The site is not within any applicable habitat conservation plan or natural community conservation plan area. PROPOSED PROJECT: The City s Development Code indicates that industrial type of development, including the proposed commercial cannabis activities of manufacturing, cultivation, and distribution, are an allowed use within this zone, subject to approval of a Use Permit. The proposed project would be developed in accordance with the City s General Plan and would infill vacant industrial lots. The project would not physically divide an established community. The proposed project is in compliance with the General Plan policies ensuring that new development is compatible with existing and surrounding neighborhoods. Environmental Review City of Grover Beach Page 19

22 MITIGATION / CONCLUSION: No. 11. MINERAL RESOURCES Will the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? DA Through Potentially Significant Requires Mitigation Insignificant Not Applicable EXISTING SETTING: There are no known mineral resources on the site. MITIGATION / CONCLUSION: No impact. 12. NOISE Will the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? Potentially Significant Requires Mitigation Insignificant Not Applicable c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Environmental Review City of Grover Beach Page 20

23 DA Through f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Requires Mitigation Insignificant Not Applicable EXISTING SETTING: The existing site is currently vacant. The Noise Element portion of the General Plan does not identify this area within any noise contour. The site is located within the Oceano Airport Land Use Plan (Oceano County Airport) and is less than ¾ of a mile away from the project site. PROPOSED PROJECT: The proposed project includes the construction of six new industrial buildings for commercial cannabis manufacturing, cultivation, and distribution. Upon completion, the proposed project would not result in a significant increase in generation of noise levels or ground borne vibration. However, construction is expected to involve some heavy machinery and use of tools that would temporarily increase the ambient noise levels in the project vicinity. The City s Municipal Code (Article III, Chapter 1) outlines noise generation regulations such as established hours of operations to keep off site noise pollution at a minimum during the day. The Municipal Code limits construction activity from 7am to 7pm, Monday through Friday, and 8am to 5pm, Saturdays and Sundays for all construction activities within 500-feet of a residential zone. Buildings A1, A2, B1, and B2 are within 500-feet of this requirement. Buildings C2 and C3 are not within 500-feet, and do not have such a limitation. Implementation of the Noise Ordinance ensures construction activities do not take place early in the morning, and into the late evening hours that may disturb nearby sensitive receptors. However, construction noise may be generated at all hours for buildings C2 and C3. This could expose persons to substantial temporary, or periodic increase in ambient noise levels, even though these buildings are located 500-feet away, noise may increase periodically, causing an issue. A mitigation measure is necessary to ensure carrying noise does not increase for sensitive receptors. With the City s ordinance, and a mitigation for construction hours for buildings C2 and C3, the potential impact is considered less than significant. Because of the proposed uses, including manufacturing and indoor commercial cultivation and potential permanent increase in ambient noise levels because of new heating, ventilation, and air conditioning systems (HVAC) that control odors, circulate air, and ensure other industrial conditions are met, a noise study was conducted to ensure noise impacts are reduced to thresholds allowable by the implementation measures and policies set by the City s Noise Ordinance. The proposed project s main noise generating elements are expected from roof mounted mechanical units. The most sensitive receptors is the existing residential neighborhood directly to the east of the proposed project, as these systems would be installed on buildings A1 and A2 (buildings closest to the existing residential). The previously approved project included a mandatory setback of 100-feet from the proposed building site to the residential property line. Based on aerial review of the proposed project building location and existing residences, the distance between a residential dwelling unit and the proposed new industrial buildings is approximately 120-feet. The proposed HVAC system noise generation is 66 decibels (db), based on a provided noise study. The maximum allowed noise for stationary equipment per the Municipal Code is a maximum of 70 db for the daytime (7:00 a.m. to 10:00 p.m.). The City s Noise Element Table 3 Environmental Review City of Grover Beach Page 21

24 DA Through indicates a maximum of 50 db Leq (average sound over a period of time) for daytime (7:00 a.m. to 10:00 p.m.) and 45 db for nighttime (10:00 p.m. to 7:00 a.m.) noise. Based on the conflicting noise levels for stationary equipment, the lower decibel level is used for this analysis. The applicant is proposing to locate the mechanical equipment for buildings A1 and A2 approximately 180-feet from the residential property line. To further mitigate noise from the mechanical equipment, the applicant has integrated a 4-foot block parapet wall into the building design and would construct a 6-foot masonry block wall along the rear property lines of lots A1 / A2 adjacent to the existing residential neighborhood. The applicant s noise study assumes that the mechanical equipment would be 120 feet from the residential boundary and with the parapet wall the expected ambient noise level at the residential property line would be 54dB; however, the study did not account for the increased distance of 180 feet and the 6-foot masonry block at the property line. Based on noise calculators available on the Internet that measure the reduction in decibels as the distance from the noise source increases and the assumption in the noise study that a masonry wall reduces the decibel level by 5 db, it is likely that the noise level as measured at the property line would be approximately db. To ensure the maximum 50 db daytime and 45 db night time levels are met, a mitigation measure has been included for an outdoor acoustical noise evaluation to be complete prior to final occupancy for building(s) constructed on lots A1 and A2. MITIGATION / CONCLUSION: Implementation of the following noise mitigation measures would reduce potential noise impacts to less than significant thresholds. NOI 1 Construction activities shall be limited on all lots, from the hours of 7am to 7pm, Monday through Friday, and 8am to 5 pm, Saturday and Sunday. NOI 2 Prior to issuance of a final occupancy permit, an outdoor acoustical analysis shall be performed to ensure that buildings on lots A1 and A2 have a maximum noise level of 50 db Leq (average sound over a period of time) for daytime (7:00 a.m. to 10:00 p.m.) and 45 db for nighttime (10:00 p.m. to 7:00 a.m.). 13. POPULATION & HOUSING Will the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Requires Mitigation Insignificant Not Applicable c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? EXISTING SETTING: The site is currently vacant and would not displace any tenants. Environmental Review City of Grover Beach Page 22

25 DA Through PROPOSED PROJECT: The proposed project includes the construction of six (6) new industrial buildings totaling 114,894 square feet of commercial cannabis manufacturing, indoor cultivation, and distribution uses. This would create additional jobs for the local economy, as well as, increase revenue from sales generated from cultivation, and manufacturing of cannabis. Although the size of the proposed project is considered large for a non-residential project, the number of jobs produced is substantially less when compared to retail, visitor serving, and other commercial development that involves serving customers. No roadways or infrastructure, or other public frontage improvements and extensions would be constructed as a part of the proposed project, except for sidewalks, as the infrastructure required to serve the project is already in place. It is anticipated that the new non-residential development, would not induce substantial population growth directly. The impact is considered less than significant. MITIGATION / CONCLUSION: The proposed project will not have a significant impact. 14. PUBLIC SERVICE: Will the proposed project have an effect upon, or result in the need for new or altered public services in any of the following areas: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Emergency Services (Five Cities Fire Authority)? b) Police Services (Grover Beach Police)? c) Public Schools? d) Parks? e) Other public facilities? EXISTING SETTING: The proposed project site is vacant and has previously disturbed soil through previous activities on the site. PROPOSED PROJECT: The proposed project is within the City of Grover Beach and would not result in the need for new or altered public services outside of the population increase potentially to occur upon project completion. Development Fees would be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. These fees include police fees and fire services fees. The collection of these fees helps to offset additional needed services due to new development. The Lucia Del Mar Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Payment of these fees are required to be completed prior to the issuance of building permits, per City policy. With the collections of these fees, the impact is considered less than significant. Environmental Review City of Grover Beach Page 23

26 DA Through The proposed project would not impact demand on existing City parks and recreation facilities. MITIGATION / CONCLUSION: With collection of development impact fees for fire, police, and schools, the impacts are considered less than significant. 15. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Requires Mitigation Insignificant Not Applicable Setting: The existing site is currently vacant. : The proposed project includes the construction of six (6) new, non-residential buildings for the operation of commercial cannabis manufacturing, indoor cultivation, and distribution. No recreational facilities are included, nor is the project a residential project. Mitigation / Conclusion: No impact. 16. TRANSPORTATION / TRAFFIC Will the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Potentially Significant Requires Mitigation Insignificant Not Applicable Environmental Review City of Grover Beach Page 24

27 DA Through Potentially Significant Requires Mitigation Insignificant Not Applicable c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? EXISTING SETTING: The existing site is currently vacant and is surrounded by industrial type of development to the north, south, and west. An existing residential neighborhood is located directly to the east of the project site. An existing printing press, commercial cannabis retail, outdoor storage / landscaping contractor, and a dance studio are existing surrounding uses within the project vicinity. Currently, the Farroll Road intersection with Huston Street / 10 th Street is operating at a level of service (LOS) B at both the AM / PM Peak, and Huston Street is operating at a LOS A. The existing site is not located within any air traffic patterns for the Oceano County Airport. PROPOSED PROJECT: The proposed project includes the construction of six (6) new buildings for a total of 114,894 sf of new commercial cannabis manufacturing, indoor cultivation, and retail space. City Staff requested a traffic study be completed as a part of the proposed project analysis. The proposed project would generate a total of 449 average daily trips (ADT), 71 AM peak hour trips, and 77 PM peak hour trips. Proposed project generated trips is estimated to be mainly on east/west bound Farroll Road. With this added traffic, the consultant estimated that the existing traffic volume, plus the project traffic volume was still 44% below the LOS C General Plan threshold, with no proposed improvements to Huston, and Farroll Road. As such, the proposed project s impact is considered less than significant. Additionally, when examined with cumulative buildout out of the City s General Plan, the existing plus project, plus cumulative, the LOS would be above the LOS C threshold, therefore the impact is considered less than significant. The proposed project does not include any roadway modifications, except for frontage improvements, that include the construction of sidewalk on both sides of Huston Street. The existing street profile for Huston is 28-feet wide and includes signage for no parking on both sides of Huston to ensure adequate emergency access. MITIGATION / CONCLUSION: Potential impacts are considered less than significant. Environmental Review City of Grover Beach Page 25

28 DA Through UTILITIES AND SERVICE SYSTEMS Will the project: Potentially Significant Requires Mitigation Insignificant Not Applicable a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project s projected demand in addition to the provider s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? EXISTING SETTING: The existing site is vacant, however electricity, natural gas, cable, phone service, water, and sewer services are all available to connect from Huston Street. PROPOSED PROJECT: The proposed project includes the construction of six (6) new nonresidential buildings, with a total 114,894 sf for the manufacturing, indoor cultivation, and distribution of commercial cannabis. The City has determined, through the General Plan and through the 2010 Water Master Plan, that there is adequate water available for the project. The Master EIR for the LUE Update covers the water demand based on buildout of the community, including the proposed project. Environmental Review City of Grover Beach Page 26

29 DA Through Water demand for the project has been estimated by the project architect based on the number of fixture units and the maximum water demand feasible. The applicant is anticipating that the 390 gallons per day (GPD) would be utilized. Additionally, indoor cultivation activities are required by the Municipal Code to have an approved water recycling management plan prior to issuance of a commercial cannabis permit. This plan ensures that water usage is minimized and conservation is upheld for consistency with State water requirements and City regulations. The City has a current water supply of 2,207 acre-feet per year (afy) and estimates that the existing water use is about 1,200 afy. This impact is considered less than significant. The proposed project will connect to the existing 8-inch water main that is located within the Huston Street right-of-way. fees would be collected at the time of building permit issuance for added capacity. The City is a member of the South San Luis Obispo County Sanitation District (SSLOCSD), which provides collection and treatment of sewage and wastewater. The City is allocated 1.5 million gallons a day (mgd) and estimated build-out demand is 1.26 mgd of treatment based on a higher build-out estimate than was calculated in the General Plan. The applicant has included an estimated use of mgd of wastewater generated from the proposed project. This would utilize less than 1% of the build out capacity. This impact is considered less than significant. Wastewater from the project area would be conveyed via the City s sewer mains. The project wastewater would be conveyed through an existing 8-inch sewer main and buildings would connect to this main as a part of on-site improvements. fees would be collected for any needed upgrades envisioned in the 2006 Wastewater Master Plan or yet to be adopted updated 2019 Wastewater Master Plan. Solid waste collection and disposal would be managed by the San Luis Obispo County Integrated Waste Management Association (IWMA). Garbage and recycling in Grover Beach is collected by South County Sanitary Service, and trash would be conveyed to the Cold Canyon Landfill. There is sufficient capacity to serve the proposed project, therefore the impact is considered less than significant. MITIGATION / CONCLUSION: Collection of development impact fees for adopted plant upgrades to the City s water and sewer system would be collected at the time of permit issuance, and there is sufficient capacity to serve the project, therefore the impacts are considered less than significant. Environmental Review City of Grover Beach Page 27

30 DA Through TRIBAL CULTURAL RESOURCES Will the project: a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section as either a site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe?: Potentially Significant Requires Mitigation Insignificant Not Applicable b) a listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as define in Public Resources Code Section (k)? c) a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section In applying the criteria set forth in subdivision (c) of Public Resources Code Section The leas agency shall consider the significance of the resource to a California native American Tribe? EXISTING SETTING: The proposed project site is vacant and contains previously disturbed soils. The site is considered an infill site surrounded by non-residential development to north, south, and west, and single-family residences to the east. No archeological resources have been discovered or noted during construction of the previously approved portions of Grover Gardens Business Park, which has been previously analyzed by certified negative declarations in 1997, and PROPOSED PROJECT: City staff sent out pre-consultation letters to all potentially affect tribes known in and around the project site. No Native American Tribe responded within the 30 day period. Additionally the project would not impact a site of tribal historical significance, nor is it a listed site on the California Register of Historical Resources. MITIGATION / CONCLUSION: No impact. Environmental Review City of Grover Beach Page 28

31 DA Through MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Requires Mitigation Insignificant Not Applicable b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? EXISTING SETTING: The proposed project is currently vacant. The site has been previously disturbed. There is currently no known wetlands, significant tree vegetation or known habitat for rare or endangered species. The site has no known pre-historic resources or examples of California history. PROPOSED PROJECT: The proposed project is a total of six (6) new industrial buildings, within a designated industrial zone totaling 114,894 sf of proposed commercial cannabis indoor cultivation, manufacturing, and distribution. The use is consistent with the goals and policies of the General Plan. The proposed project and the cumulative effects will not have an impact on existing and future projects, nor does the proposed project have any environmental effects which will cause substantial adverse effects on residents, either directly or indirectly. MITIGATION / CONCLUSION: The proposed project will not have a significant cumulative impact. For further information on California Environmental Quality Act (CEQA) or the City s environmental review process, please visit the City s website at under the Community Development Department or the California Environmental Resources Evaluation System at: for additional information on CEQA. Environmental Review City of Grover Beach Page 29

32 DA Through Exhibit A Initial Study References & Outside Agency Contacts The Community Development Department of the City of Grover Beach has contacted various agencies for their comments on the proposed project. With respect to the proposed project, the following outside agencies have been contacted (marked with an ) with a notice of intent to adopt a proposed negative / mitigated negative declaration. South San Luis Obispo County Sanitation District Lucia Del Mar Unified School District South County Sanitation AB 52 Salinan Tribe Native American Heritage Commission San Luis Obispo Council of Governments San Luis Obispo Air Pollution Control District San Luis Obispo Integrated Waste Management Board AB 52 Coastal Band Chumash Regional Water Quality Control Board District 3 AB 52 Santa Ynez Band AB 52 San Luis Obispo County Council Chumash AB 52 Other California Department of Fish and Wildlife (Region 4) California Department of Transportation (District 5) Pacific Gas & Electric San Luis Obispo County Planning & Building San Luis Obispo County Environmental Health Department Coastal San Luis RCD Central Coast Information Center (CA. Historical Resources Information System) CA Department of Food & Agriculture CA Department of Conservation CA Air Resources Board Address Management Service HEAL SLO Healthy Communities Workgroup US Postal Service California Highway Patrol Southern California Gas Co. (SoCal Gas) San Luis Obispo County Assessor LAFCO Office of Historic Preservation Charter Communications CA Housing & Community Development CA Department of Toxic Substances Control US Army Corp of Engineers San Luis Obispo County Airport Land Use Commission Other: Other: Environmental Review City of Grover Beach Page 30

33 DA Through The following checked ( ) reference materials have been used in the environmental review for the proposed project and are hereby incorporated by reference into the Initial Study. The following information is available at the Community Development Department and requested copies of information may be viewed by requesting an appointment with the project planner at (805) Project File / Application / Exhibits / Studies Grover Beach General Plan / Final EIR Grover Beach Municipal Code / Development Code West Grand Avenue Master Plan Grover Beach Urban Stormwater Management Plan Grover Beach Local Coastal Plan Ramona Specific Plan Grover Beach Climate Action Plan (CAP) Grover Beach Bicycle Master Plan Grover Beach GIS mapping layers Caltrans Scenic Highways Map Other Adopted Grover Beach Capital Facilities Fee Ordinance SLO APCD Handbook Regional Transportation Plan Flood Hazard Maps CDFW / USFWS Mapping CA Natural Species Diversity Data Base Archeological Resources Map Grover Beach Urban Water Management Plan CalEnvironScreen Other California Department of Conservation mapping services Other Other Environmental Review City of Grover Beach Page 31

34 Environmental Review City of Grover Beach Page 32

35 DA Through EXHIBIT B MITIGATION SUMMARY TABLE Huston Street Cannabis Complex DA through 28 Per Public Resources Code , the following measures also constitutes the mitigation monitoring and/or reporting program that will reduce potentially significant impacts to less than significant levels. The measures will become conditions of approval (COAs) should the project be approved. The City of Grover Beach, as the Lead Agency, or other responsible agencies, as specified, are responsible to verify compliance with these COAs. Aesthetics AES-1 MITIGATION MEASURE Any luminaire pole height shall not exceed 20-feet in height for new buildings on the eastern side of Huston Street to minimize off-sight light spillage, consistent with the Grover Beach Development Code. TIMING Building Permit Submittal. AES-2 AES-3 Proposed lighting within the project must be compliant with the international dark sky association standards, and must be down lit to prevent off-site spillage of light. Reduction of the level of lighting within parking areas shall be to the minimum standard allowed by the California Building Code after 10:00 P.M. during normal operations within the proposed project site. Building Permit Submittal Building Occupancy AES-4 Prior to final occupancy, staff and the applicant shall meet on-site and review lights at dusk conditions, in addition to lights after 10:00 P.M. conditions to ensure off-site light spillage and glare is minimized or eliminated Air Quality AQ-1 This project is in close proximity to nearby sensitive receptors (existing residential neighborhoods within 1,000 feet). Projects that will have diesel powered construction activity in close proximity to any sensitive receptor shall implement the following mitigation measures to ensure that public health benefits are realized by reducing toxic risk from diesel emissions: Prior to issuance of Final Occupancy During Construction To help reduce sensitive receptor emissions impact of diesel vehicles and equipment used to construct the project, the applicant shall implement the following idling control techniques: 1. California Diesel Idling Regulations e. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non- Environmental Review City of Grover Beach Page 33

36 DA Through MITIGATION MEASURE California based vehicles. In general, the regulation specifies that drivers of said vehicles: 3. Shall not idle the vehicle s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, 4. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. f. Off-road diesel equipment shall comply with the 5-minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board s In-Use Off-Road Diesel regulation. g. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the state s 5-minute idling limit. h. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: and df. 2. Diesel Idling Restrictions Near Sensitive Receptors for nearby residences within 1,000 feet of the proposed project. In addition to the state required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment is recommended; and d. Signs that specify the no idling areas must be posted and enforced at the site. TIMING AQ-2 Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. The proposed project is within During Construction Environmental Review City of Grover Beach Page 34

37 DA Through MITIGATION MEASURE 1,000 feet of any sensitive receptor and shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): TIMING a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD s limit of 20% opacity for greater than 3 minutes in any 60 minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that since water use is a concern due to drought conditions, the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control. Please refer to the following link for potential dust suppressants to select from to mitigate dust emissions: 0Available%20for%20Controlling%20PM10%20Emissions.htm c. All dirt stock pile areas should be sprayed daily and covered with tarps or other dust barriers as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive, grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j. Track-Out is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor Environmental Review City of Grover Beach Page 35

38 DA Through MITIGATION MEASURE vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Section and California Water Code To prevent track out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a track-out prevention device where vehicles enter and exit unpaved roads onto paved streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the trackout prevention device may need to be modified; k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Street sweepers shall be used with reclaimed water should be used where feasible. Roads shall be pre-wetted prior to sweeping when feasible; l. All PM 10 mitigation measures required should be shown on grading and building plans; and, m. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the APCD s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim Fuhs at (805) ). Biological Resources BIO-1 A biological survey by a qualified biologist is required prior to commencement of any grading activities on-site to ensure no endangered / special status species are on-site. Cultural Resources CR-1 In the event that human remains are discovered on the property, all work on the project shall stop and the Grover Beach Police Department and the County Coroner shall be contacted. The Grover Beach Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) within 24 hours. A representative from local Native American tribes shall be notified and present during the excavation of any remains TIMING Prior to Building Permit Issuance During Construction Environmental Review City of Grover Beach Page 36

39 DA Through MITIGATION MEASURE TIMING Noise NO-1 NO-2 Construction activities shall be limited on all lots, from the hours of 7am to 7pm, Monday through Friday, and 8am to 5 pm, Saturday and Sunday. Prior to issuance of a final occupancy permit, an outdoor acoustical analysis must be performed to ensure that buildings on lots A1 and A2 have a permanent ambient noise level less than 70 db during daytime operation and 65 db during nighttime operation. During Construction Prior to issuance of Final Occupancy The applicant agrees to incorporate the above measures into the project. These measures become a part of the project description and therefore become a part of the record of action upon which the environmental determination is based. All development activity must occur in strict compliance with the above mitigation measures. The measures shall be perpetual and run with the land. These measures are binding on all successors in interest of the subject property. The applicant understands that any changes made to the project description subsequent to this environmental determination must be reviewed by the Community Development Director or their designee and may require a new environmental analysis for the project. By signing this agreement, the owner(s) agrees to and accepts the incorporation of the above mitigation measures into the proposed project description. Signature of Applicant(s) Name (Print) Date Signature of Owner(s) Name (Print) Date Environmental Review City of Grover Beach Page 37

40 EXHIBIT C PROJECT FIGURES & SUPPLEMENTS DA Through Figure 1 Location Map / General Plan & Zoning R3 Project Site PF I I R1 CR1 UR R2 General Plan Designation: Industrial Zoning: Industrial (I) Environmental Review City of Grover Beach Page 38

41 DA Through Figure 2 Aerial Mapping Project Site Environmental Review City of Grover Beach Page 39

42 Figure 3 Site Plan DA Through Environmental Review City of Grover Beach Page 40

43 DA Through Figure 3 Site Plan Environmental Review City of Grover Beach Page 41

44 DA Through Figure 3 Site Plan Environmental Review City of Grover Beach Page 42

45 DA Through Figure 3 Site Plan Environmental Review City of Grover Beach Page 43

46 DA Through Figure 4 Elevations & Sections Building / Lot A1 Environmental Review City of Grover Beach Page 44

47 DA Through Figure 4 Elevations & Sections Building / Lot A2 Environmental Review City of Grover Beach Page 45

48 DA Through Figure 4 Elevations & Sections Building / Lot B1 Environmental Review City of Grover Beach Page 46

49 DA Through Figure 4 Elevations & Sections Building / Lot B2 Environmental Review City of Grover Beach Page 47

50 Figure 4 Elevations & Sections DA Through Building / Lot C2 & C3 Environmental Review City of Grover Beach Page 48

51 Figure 5 Site Photos DA Through Environmental Review City of Grover Beach Page 49

52 Figure 5 Site Photos DA Through Environmental Review City of Grover Beach Page 50

53 DA Through Figure 6 Traffic Report Traffic Report See Following pages Environmental Review City of Grover Beach

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75 DA Through Figure 7 Noise Report Noise Report See Following pages Environmental Review City of Grover Beach

76

77

78

79

80

81

82

83

84

85

86

87