PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
SUBJECT/TITLE:
SHELL BEACH ROAD MULTI-USE PATH CONFIGURATION
RECOMMENDATION:
1. Provide staff with direction on how to proceed with the Shell Beach Road Multi- Use Path.
2. Should the City Council direct staff to proceed with the Multi-Use Path: Adopt a Resolution Approving Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension Project.
BACKGROUND:
The City recently completed the Shell Beach Streetscape Project which included a multi- use path throughout the Village of Shell Beach. The path has proven to be a beloved amenity to locals and visitors alike. The City’s Bicycle and Pedestrian Master Plan calls for multi-modal connectivity from the northern city limits, near El Portal Drive, down Shell Beach Road to Dolliver Street to the southern city limits, near the Butterfly Grove.
Caltrans and the San Luis Obispo Council of Governments (SLOCOG) have been working on the Five Cities Multimodal Corridor Enhancement Project, which includes a southbound US 101 part-time managed travel lane through most of Pismo Beach. This will help to alleviate peak traffic congestion on US 101.
On June 28, 2023, the California Transportation Commission (CTC) awarded SLOCOG $65 million from the Trade Corridor Enhancement Program (TCEP) for the Five Cities Multimodal Transportation Network Enhancement Project. The TCEP award includes funding to construct the US 101 southbound managed lane project, as well as $508,000 to design and $3.6 million to construct the Shell Beach Road Shared Use Path Extension project (the Project). Before these funds can be allocated, the project’s scope, cost estimates for design and construction, schedule, and environmental determination must be recorded in a Project Report Equivalent (PRE) and California Environmental Document Act (CEQA) document. The CEQA determination must be approved by December 28, 2023, and a Statutory Exemption from CEQA is expected and being pursued, and the PRE must be approved by the CTC within 6 months of environmental clearance.
Staff has been working closely with SLOCOG staff, Caltrans and its consultants, Wallace Group and Rincon Consultants, Inc., to develop conceptual plans for the project in order to obtain the environmental clearances within the given timeline.
The City’s Circulation Element (2019) calls for such a path on the freeway, or inland, side of Shell Beach Road (Alternative 1), however installing the path on this side of the street has the following challenges:
More and higher retaining walls
Council Agenda 11-7-2023 12.A-1
Private property conflicts
Longer environmental permitting timeline, which will likely exclude the project from funding
An alternative path alignment (Alternative 2) was developed on the ocean side of Shell Beach Road, which will eliminate the large excavations and retaining walls required on the inland side of the street and has shown to have the other following advantages:
Less expensive construction costs: approximately half of the cost of building the path on the inland side of the street
No expected private property conflicts
Minimal environmental monitoring requirements due to the lack of excavation and major grading.
Safer connection to the portion of the path located in the county (from the Avila Beach Drive roundabout to the city limits, which will be on the ocean side for safety reasons
Reduced potential for safety conflicts with a higher speed roadway due to the reduction of required crossings of Shell Beach Road to reach beach access and vista areas
Improved safety at the southbound US 101 on- and off-ramps/Spyglass Drive/Shell Beach Road intersection by moving the crossing to the oceanside leg of the intersection, away from the on and off ramps.
On October 12, 2023 the Traffic Safety Committee (TSC) discussed the Project and reviewed exhibits of the two possible path alignments. The TSC recommends locating the path on the ocean side of Shell Beach Road (Alternative 2) and investigating a curb for a buffered bike lane.
Exhibits depicting Alternative 2 (ocean side path configuration) are provided as part of Attachment 2. Exhibits depicting Alternative 1 (inland side path configuration) are provided as Attachment 3.
Environmental Review
The Project has been reviewed in accordance with CEQA. As a result of in-depth analysis, it has been determined that the path is Statutorily Exempt pursuant to Public Resources Code (PRC) Section 21080.25. This Statutory Exemption results from the provisions of Senate Bill 922, which recognizes that pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way are exempt from CEQA. Accordingly, Rincon has prepared a Statutory Exemption Memorandum (Attachment 2) for Alternative 2, outlining the Project’s consistency with the applicable criteria of PRC 21080.25. Staff has reviewed this memorandum and concurs with the conclusion that the Project is exempt from further CEQA review. Should the City Council direct staff to move forward with the Project, staff recommends that the Council adopt a Resolution authorizing staff to file an appropriate Notice of Exemption.
Council Agenda 11-7-2023 12.A-2
Conclusion and Recommendation
Staff recommends that Council discuss the two options for the Shell Beach Road Multi Use Path Extension Project and direct staff on how to proceed. If the Council chooses to direct staff to pursue the Project with the path aligned on the ocean side of Shell Beach Road, then staff recommends that the Council adopt a Resolution (Attachment 1) authorizing staff to file Notice of Exemption No. 2023-023 for the Project.
FISCAL IMPACT:
There is no direct fiscal impact associated with Council’s direction at this time, however any funding shortfalls must be addressed by the city and SLOCOG, as the CTC will provide no additional funding beyond the grant award.
Planning level cost estimates are being developed by Wallace Group and are expected to range between $3.5-$5 million for the ocean side alignment and $8-$10 million for the inland side alignment. The final PRE will refine these initial planning level estimates.
ALTERNATIVES:
1. Provide staff with other direction.
ATTACHMENTS:
1. Resolution
2. Statutory Exemption Memorandum including Alternative 2 Exhibits
3. Alternative 1 Exhibits
Submitted by: Meeting Date: November 7, 2023
Benjamin A. Fine, P.E. Director of Public Works/City Engineer Matthew Downing, Community Development Director
City Manager Approval:
Council Agenda 11-7-2023 12.A-3
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING NOTICE OF EXEMPTION NO. 2023-023 FOR THE
SHELL BEACH ROAD SHARED USE PATH EXTENSION PROJECT
WHEREAS, the Shell Beach Road Shared Use Path Extension project addresses multi- modal connectivity from the northern city limits, near El Portal Drive, down Shell Beach Road to Terrace Avenue; and
WHEREAS, the California Transportation Commission (CTC) awarded SLOCOG $65 million from the Trade Corridor Enhancement Program (TCEP) for the Five Cities Multimodal Transportation Network Enhancement Project; and WHEREAS, the TCEP award includes funding to construct the US 101 southbound managed lane project, as well as $508,000 to design and $3.6 million to construct the Shell Beach Road Shared Use Path Extension project; and WHEREAS, the Project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and as a result of in-depth analysis, it has been determined that the path is Statutorily Exempt pursuant to Public Resources Code (PRC) Section 21080.25 in line with the provisions of Senate Bill 922, which recognizes that pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way are exempt from CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves and authorizes staff to file Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension project.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
Council Agenda 11-7-2023 12.A-4
Rincon Consultants, Inc.
1530 Monterey St, Suite D
San Luis Obispo, California 93401
805- 547-0900
www.rin concons ultan ts.com
October 26, 2023
Rincon Project No: 23-15027
Stephen Hanamaikai
Programming & Project Delivery
San Luis Obispo Council of Governments
1114 Marsh Street
San Luis Obispo, California 93401
Via email: [email protected]
Subject: Shell Beach Road Shared Use Path, Statutory Exemption Memorandum Spyglass Drive to Avila Beach Drive, San Luis Obispo County, California Dear Mr. Hanamaikai:
The purpose of this memorandum is to identify that the Shell Beach Road Shared Use Path Project (project) in San Luis Obispo County, California meets the provisions of Senate Bill 922 (SB 922), which provides a Statutory Exemption from the California Environmental Quality Act (CEQA) under Public Resources Code (PRC) 21080.25. The exemption recognizes that pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way (ROW) are exempt from CEQA when specific criteria are met. This memorandum describes the project’s consistency with the applicable criteria and accompanies a Notice of Exemption (NOE) for the project.
Project Location and Description
The approximately 2-mile Shell Beach Road Shared Use Path, the majority of which is identified in both Pismo Beach’s Complete Street Plan (March 2013) and Bicycle and Pedestrian Master Plan (June 2010), would span from the northern Pismo Beach City Limit to Avila Beach Drive in unincorporated San Luis Obispo County and from El Portal Drive to Terrace Avenue in the City of Pismo Beach.
Improvements would include:
A Class I multi-use trail on Shell Beach Road adjacent to Palisades Park and coastal access trail connections;
Restriping Shell Beach Road along the project alignment to provide Class II (where available road width allows) and Class III bike lanes;
Bicycle parking and seating nodes at certain locations in the corridor; Street crossings signage, and paving markings to warn motorists to be alert and reduce speeds due to the presence of the trail;
Planted or hardscaped buffers to provide separation between the Class I multi-use trail and Shell Beach Road;
Medians and planting as space and access needs allow, which visually narrow the road and act as traffic calming measures along the project alignment; and Retaining walls where necessary to provide slope stability and ensure the above-described improvements remain entirely within the existing public ROW.
Attachment 2
Council Agenda 11-7-2023 12.A-5
San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
2 At the Seacliff Drive intersection, anticipated enhancements include signage and a pedestrian hybrid beacon for multi-use trail users to cross Shell Beach Road.
It is anticipated that permanent facilities will be constructed entirely within the existing public ROW, will not require permanent easements or private property purchases, and early construction cost estimates anticipate less than $10M in construction costs. The final project plans will be required to verify this assumption.
Senate Bill 922
SB 922, signed into law in September 2022, amends PRC Sections 21080.20 and 21080.25 to exempt “pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way” (PRC Section 21080.25[b][1]). PRC Section 21080.25 of the CEQA Guidelines establishes a statutory exemption for transit prioritization projects and pedestrian and bicycle facility projects, as well as projects for the institution or increase of new bus rapid transit, bus, or light rail services on public or highway ROW. To be eligible for this statutory exemption under PRC 21080.25, the following must be true:
A local agency is carrying out the project and is the lead agency for the project. The project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, add physical infrastructure or striping to highways, or include the addition of any auxiliary lanes.
Construction of the project does not require the demolition of affordable housing units. The project estimate does not exceed $50 million.
The local lead agency will certify that the project will be completed by a skilled and trained workforce.
This exemption expires on January 1, 2030. Lead agencies must file an NOE when pursuing an exemption under SB 922. Therefore, this memorandum accompanies the NOE for the project.
Consistency Analysis
The Shell Beach Road Shared Use Bike Path Project qualifies for a Statutory Exemption under SB 922 as a pedestrian and bicycle facility within the public ROW because the project involves a Class I multi- use trail, Class II bike lanes where possible, and associated bicycle and pedestrian facilities entirely within the public ROW. The project would improve access and mobility by creating new opportunities for both residences and visitors to use bicycle and pedestrian facilities to access residential communities, park and recreational areas including coastal recreational areas, neighborhood commercial districts, hotels, restaurants, and tourist-serving facilities. The project would also improve safety by adding new features to warn motorists of the presence of bicycle and pedestrian users and by using medians and planting to visually narrow the road and act as a traffic calming device. For these reasons, the project would be statutorily exempt from CEQA requirements, in accordance with PRC Section 21080.25.
Attachment 2
Council Agenda 11-7-2023 12.A-6
San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
3 A project exempt from CEQA must also be in conformance with the additional requirements of SB 922, as articulated in PRC Section 21080.25(c). The analysis below demonstrates how the project meets each of the SB 922 stipulations.
A local agency is carrying out the project and is the lead agency for the project. (Section 21080.25 [c][1])
The project would be carried out by the City of Pismo Beach, which would also serve as the lead agency.
All decisions made by the lead agency will be subject to approval by the Pismo Beach City Council.
Therefore, this project meets this requirement.
The project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways, except for minor modifications needed for the efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles, such as extended merging lanes, shoulder improvements, or improvements to the roadway within the existing right of way. The project does not include the addition of any auxiliary lanes. (Section 21080.25 [c][2])
The project would not induce single-occupancy vehicle trips or add automobile capacity to the existing public ROW or nearby streets. Rather, the project would be limited to installing a Class I multi-use trail, Class II bike lanes, and associated bicycle and pedestrian facilities. Therefore, the project meets this requirement.
The construction of the project does not require the demolition of affordable housing units. (Section 21080.25 [c][3])
The project would be located entirely within the public ROW and would not require the demolition of any residential development, including affordable housing units. Therefore, the project meets this requirement.
The project estimate does not exceed $50 million. (Section 21080.25 [d] and [e]) PRC Section 21080.25(d) and (e) include additional requirements for projects exceeding $100 million dollars in cost and $50 million dollars in cost, respectively. The existing Project Programming Request (08/2020) currently identifies a total project cost of approximately $4,355,000. This does not exceed either the $100 million or $50 million threshold. Funding for the project is provided by a grant through the Caltrans Clean California Grant. That awarded grant totals approximately $4,298,522. Therefore, the project would not be required to comply with the additional requirements under PRC Section 21080.25(d) and (e).
The lead agency shall take an action at a public meeting of its governing board to certify that the project will be completed by a skilled and trained workforce. (Section 21080.25 [f][1]) The project would be required to be completed by a skilled and trained workforce. Therefore, the project meets this requirement.
Attachment 2
Council Agenda 11-7-2023 12.A-7
San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
4 Conclusion
Based on the analysis documented in this memorandum, the proposed Shell Beach Road Shared Use Bike Path Project meets all criteria for a Statutory Exemption from CEQA. Therefore, the project is statutorily exempt from CEQA pursuant to PRC Section 21080.25, as amended and enacted by SB 922.
Sincerely,
Rincon Consultants, Inc.
Chris Bersbach
Supervising Environmental Planner
Megan Jones
Principal
Attachments
Attachment A Project Location Map
Attachment B Project Site Plans
Attachment C Visual Simulations
Attachment 2
Council Agenda 11-7-2023 12.A-8
San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
2 Attachment A: Project Location Map
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3 Attachment B: Project Site Plans
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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